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Home My WebLink AboutAgenda Packet 06-02-2009 J _ • . - fliifildiilill{Aifililli O11i11ii11fif Ollilid1fi111f 1{11111{1{ IIIIf111IIIIIHIdiii11i11flliili11111111111ii1111ii1{Ii11ii1i11f111fIN111111iIIIIfiilf liiilNfii111111{Ii11f11Ui1iilt1111Hff if Hti BIIIi1i June 2, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 06/01109 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rigor to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT -Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM -Please be respectful of others' opinions. MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. v June 2, 2009 . 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org iiiiiiiiHiiiill{iClllii{31lfiii1111fiilll{{1iiliilllf11111Iii111iIi{Ii1N111t1i1i1111f1ii/11ii11111{II/Ilii1i11illtiif1111It1111IIIIiIII{ItIi1R11IIi/1ifiH1ililf{ii{i{I11f1{IiUiiiiNi{i1{{{{f1f11Ii113:ff1 Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No. 5 ::Hflifili{if111ilifillli Hiiiiiifff{Iifi{Iififti{liff{Ii11i{ifti111{I{i{HII{{Iiffii{Iti{Iiifilfllliiii11111iiIf IiIN{11{111{II1{fLliliflfiffliifillillflliiitHH1{flfliiilfl{IfiiH{IIIf H{Hiliffifiiiiiiif I. INVOCATION II. PLEDGE OF ALLEGIANCE III. ~ MINUTES I' / Approve the minutes from the May 19, 2009 meeting. IV. ~ PROCLAMATIONS/PRESENTATIONS jj,A,~ ~ v h~t'"~ A. Presentation of the Sammie's Landing project for "Providing a Place to Call Home." by Jessica ~fe Y~ Parrish, SLC Housing Manager V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS 17 ~GV~~t~~r'1 ~ e rY~S p ( Approve warrant list No. 35 ~ " ~ - ~P ~~tn prcj~~-Q~se~^ve.~~3cc,~ A.ta~~cc:~ CU~~.-.~ie~~?~ i B. COUNTY ATTORNEY 1. First Amendment to Agreement with Ranger Construction - Calmoso and Lucero Projects Consider staff recommendation to approve and give Chair permission to sign First Amendments with Ranger Construction. 2. Bear Point Mitigation Bank -Credit Reservation Agreement with Florida Power & Light Company Consider staff recommendation to approve the proposed Credit Reservation Agreement with Florida Power & Light Company, and authorize the Chair to sign the agreement. 3. Permission to Advertise Resolution No. 09-172 -Cortez Boulevard Project - St. Lucie County Economic Stimulus Project Consider staff recommendation to grant permission to advertise proposed Resolution No. 09-172 for public hearing before the Board of County Commissioners on June 16, 2009, at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED 4. Permission to Advertise Public Hearing -Resolution No. 09-174 -Central Services Projects - St. Lucie County Economic Stimulus Projects Consider staff recommendation to advertise proposed Resolution No. 09-174 for public hearing before the Board of County Commissioners on June 16, 2009 at 6:00 p.m. or as soon thereafter as may be heard. 5. Permission to Advertise Public Hearing -Resolution No. 09-175 -Central Services Projects - St. Lucie County Economic Stimulus Projects Consider staff recommendation to grant permission to advertise proposed Resolution No. 09-175 for public hearing before the Board of County Commissioners on June 16, 2009, at 6:00 p.m. or as soon thereafter as may be heard. C. PUBLIC WORKS 1. St. James Boulevard -Arrow Directional Boring Inc. Consider staff recommendation to approve the conditional acceptance of the road repairs and initiate the maintenance period of one year and 30 days. 2. St. James Boulevard - Sunline Engineering Contractors, Inc. Consider staff recommendation to approve the conditional acceptance of the road repairs and initiate the maintenance period of one year and 30 days. 3. Indian River Estates Stormwater Improvements Phase 1 -Pump Station Consider staff recommendation to accept the project, release retainage and make final payment in the amount of $243,291.23. 4. Invitation to bid for the purchase of asphalt materials. Consider staff recommendation to authorize to advertize an invitation to bid for the purchase of asphalt materials. 5. First Amendment to Contract with Stewart Mining. Consider staff recommendation to approve the First Amendment to Contract C08-06-263 with Stewart Mining exercising the first of two -one year renewal options and extending the term of the contract from July 1, 2009 through June 30, 2010. 6. Weatherbee Road Sidewalk Design Budget Resolution Consider staff recommendation to accept Budget Resolution No. 09-170 and authorize the Chair to sign documents as approved by the County Attorney. 7. Walton Road Widening Budget Resolution Consider staff recommendation to accept Budget Resolution No. 09-171 and authorize the Chair to sign the documents as approved by the County Attorney. C. PUBLIC WORKS CONTINUED , 8. Taylor Creek Restoration -Spoil Site Design and Permitting Consider staff recommendation to accept Budget Resolution No. 09-169 and authorize the Chair to sign documents as approved by the County Attorney. 9. Award contract to Close Construction, Inc. for Indian River Estates Alum Facility Consider staff recommendation to approve to award contract to Close Construction, Inc. in the amount of $106,884 for Indian River Estates Alum Facility, and authorize the Chair to sign the documents as approve by the County Attorney. D. AIRPORT Request for Proposal (RFP) to lease Airport West Commerce Park Phase I Consider staff recommendation to approve to issue a Request for Proposal (RFP) to lease Airport West Commerce Park Phase I at the St. Lucie County International Airport. E. COMMUNITY SERVICES Housing Division -Grant Amendment with Mustard Seed Ministries of Fort Pierce, Inc. Consider staff recommendation to accept the First Amendment to Grant Agreement C09-09-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorize the Chair to sign the agreement as approved by the County Attorney. F. MANAGEMENT AND BUDGET Research & Education Park: Phase 1 Funding Consider staff recommendation to approve Budget Amendment No. BA09-019 and authorize on behalf of Treasure Coast Education, Research and Development Authority (TCERDA) to advertise a Request for Qualifications (RFQ) for design services related to the construction of backbone infrastructure at the Research Park as outlined in the agenda memorandum. END OF CONSENT AGENDA VII. PUBLIC HEARINGS ,A. COUNTY ATTORNEY jf cVi j.. Resolution No. 09-164 -Angle Road Sidewalks Project - St. Lucie County Economic Stimulus ~L> Project Consider staff recommendation to approve proposed Resolution No. 09-164. B. ; Resolution No. 09-026, granting a waiver and Preliminary PUD Site Plan approval for Sunset Beach PUD. Consider staff recommendation to adopt draft Resolution No. 09-026, granting approvals as outlined in the agenda memorandum for Sunset Beach-PUD. ~ } b t,j SI-~~~ c~ S Ct r Gl ~ I"~b ~~i~t~ tc c~~pr~vc w~}~ h~~~~ns s~= o~, ~ REGULAR AGENDA VIII. COUNTY ATTORNEY ~ ~R(~-G~~ Claim by APA Emerson @ Indrio, L.L.C., Pursuant to Section 70.001, Florida Statutes ("Bert Harris Claim") ~~~f ~ Consider staff recommendation to a rove the letter and authorize the Chair to si n the letter. PP 9 IX. COUNTY ATTORNEY L~ City of Fort Pierce Resolution 09-23 Initiating Development of an Interlocal Service Boundary Agreement with the City of Port St. Lucie pertaining to Properties North and West of Midway Road Consider staff recommendation to adopt Resolution No. 09-176 and authorize the Chair to sign the Resolution. X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a continuation of the May 26, 2009 Informal Meeting on Thursday, June 4, 2009 at 9:00 a.m. in Conference Room #3. 2. St. Lucie County will hold a public workshop to provide information and gather community input on a potential inlet sand bypassing project at Fort Pierce Inlet on Wednesday, June 10 from 6-8 p.m. in the St. Lucie County Commission Chambers, Roger Poitras Administration Annex, 2300 Virginia Ave., Fort Pierce. 3. The Board of County Commissioners will hold a Ribbon Cutting for the Douglas M. Anderson Emergency Operations 911 Center at 10:00 a.m. on Friday, June 12, 2009 at 15305 W. Midway Road, Fort Pierce. 4. The 2009 Florida Police & Fire Games will be held June 21St -27tt' at various venues throughout the Treasure Coast. Admission is free for all games. For details visit: www.treasurecoastsports.org 5. The Board of County Commissioner will hold a Workshop on the LPGA Golf Tournament opportunity on Monday, June 22, 2009 at 2:00 p.m. in Conference Room #3. 6. The June 23, 2009 Informal Monthly Meeting has been rescheduled to Friday, June 30, 2009 at 1:30 p.m. in Conference Room #3. 7. The Board of County Commissioners Budget Workshops will begin Monday, July 13, 2009 and run through Friday, July 17, 2009. 8. The Board of County Commissioners will hold a Special BOCC Meeting on Friday, July 17, 2009 at 1:30 p.m. or as soon thereafter to set the 2009-2010 proposed millage. 9. The Board of County Commissioners summer recess will begin the week of July 20t~ and run thru July 31St. The July 21St BOCC meeting, July 28th BOCC meeting and the July 28th Informal monthly meeting are canceled. 10. The August 4, 2009 Regular Board of County Commissioners Meeting is canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals tesfrfying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual tesfrfying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. J = uaf ~uus~unu~~uuu u~uLuuuluBuuiuuunNnutuiuuunnui~unYunuitiYUnn u~+uuunui~+auu~YuiiLuuuuG~umuuuu„uuuu~ni~winntuul+uu~li~nuelunN June 2, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 06/01109 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT -Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM -Please be respectful of others' opinions. MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. June 2, 2009 - 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org alsiuiiuiiuuliinnniiiiiiuuuiiutuiniiiiiiiuuiiiiiiliiiiiiiiiliiiiitiiOliiuiill ilwiil uuituiiiiiiiiliulluuiiiuwiitiilliiuiuiiiiiiiiiuiuiuiiii111inuuiiiiialiliuiniiiiiiili Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No. 5 ::iililii{f1111fiLltiHtl{I:IIilltilf{If1{f11t1f111111it11t1iii{11111tIt11f11ifi1tltiiii1i1111ii1113ii1iii11H1i111111i111Hi1NI1N{{1f111NH111111it HIIltlitltfilflif1ti11if l{iitflliil111iiii1ilitiii Hti:i I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 19, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation of the Sammie's Landing project for "Providing a Place to Call Home." by Jessica Parrish, SLC Housing Manager V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 35 B. COUNTY ATTORNEY 1. First Amendment to Agreement with Ranger Construction - Calmoso and Lucero Projects Consider staff recommendation to approve and give Chair permission to sign First Amendments with Ranger Construction. 2. Bear Point Mitigation Bank -Credit Reservation Agreement with Florida Power & Light Company Consider staff recommendation to approve the proposed Credit Reservation Agreement with Florida Power & Light Company, and authorize the Chair to sign the agreement. 3. Permission to Advertise Resolution No. 09-172 -Cortez Boulevard Project - St. Lucie County Economic Stimulus Project Consider staff recommendation to grant permission to advertise proposed Resolution No. 09-172 for public hearing before the Board of County Commissioners on June 16, 2009, at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED 4. Permission to Advertise Public Hearing -Resolution No. 09-174 -Central Services Projects - St. Lucie County Economic Stimulus Projects Consider staff recommendation to advertise proposed Resolution No. 09-174 for public hearing before the Board of County Commissioners on June 16, 2009 at 6:00 p.m. or as soon thereafter as may be heard. 5. Permission to Advertise Public Hearing -Resolution No. 09-175 -Central Services Projects - St. Lucie County Economic Stimulus Projects Consider staff recommendation to grant permission to advertise proposed Resolution No. 09-175 for public hearing before the Board of County Commissioners on June 16, 2009, at 6:00 p.m. or as soon thereafter as may be heard. C. PUBLIC WORKS 1. St. James Boulevard -Arrow Directional Boring Inc. Consider staff recommendation to approve the conditional acceptance of the road repairs and initiate the maintenance period of one year and 30 days. 2. St. James Boulevard - Sunline Engineering Contractors, Inc. Consider staff recommendation to approve the conditional acceptance of the road repairs and initiate the maintenance period of one year and 30 days. 3. Indian River Estates Stormwater Improvements Phase 1 -Pump Station Consider staff recommendation to accept the project, release retainage and make final payment in the amount of $243,291.23. 4. Invitation to bid for the purchase of asphalt materials. Consider staff recommendation to authorize to advertize an invitation to bid for the purchase of asphalt materials. 5. First Amendment to Contract with Stewart Mining. Consider staff recommendation to approve the First Amendment to Contract C08-06-263 with Stewart Mining exercising the first of two -one year renewal options and extending the term of the contract from July 1, 2009 through June 30, 2010. 6. Weatherbee Road Sidewalk Design Budget Resolution Consider staff recommendation to accept Budget Resolution No. 09-170 and authorize the Chair to sign documents as approved by the County Attorney. 7. Walton Road Widening Budget Resolution Consider staff recommendation to accept Budget Resolution No. 09-171 and authorize the Chair to sign the documents as approved by the County Attorney. C. PUBLIC WORKS CONTINUED 8. Taylor Creek Restoration -Spoil Site Design and Permitting Consider staff recommendation to accept Budget Resolution No. 09-169 and authorize the Chair to sign documents as approved by the County Attorney. 9. Award contract to Close Construction, Inc. for Indian River Estates Alum Facility Consider staff recommendation to approve to award contract to Close Construction, Inc. in the amount of $106,884 for Indian River Estates Alum Facility, and authorize the Chair to sign the documents as approve by the County Attorney. D. AIRPORT Request for Proposal (RFP) to lease Airport West Commerce Park Phase I Consider staff recommendation to approve to issue a Request for Proposal (RFP) to lease Airport West Commerce Park Phase I at the St. Lucie County International Airport. E. COMMUNITY SERVICES Housing Division -Grant Amendment with Mustard Seed Ministries of Fort Pierce, Inc. Consider staff recommendation to accept the First Amendment to Grant Agreement C09-09-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorize the Chair to sign the agreement as approved by the County Attorney. F. MANAGEMENT AND BUDGET Research & Education Park: Phase 1 Funding Consider staff recommendation to approve Budget Amendment No. BA09-019 and authorize on behalf of Treasure Coast Education, Research and Development Authority (TCERDA) to advertise a Request for Qualifications (RFQ) for design services related to the construction of backbone infrastructure at the Research Park as outlined in the agenda memorandum. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Resolution No. 09-164 -Angle Road Sidewalks Project - St. Lucie County Economic Stimulus Project Consider staff recommendation to approve proposed Resolution No. 09-164. B. Resolution No. 09-026, granting a waiver and Preliminary PUD Site Plan approval for Sunset Beach PUD. Consider staff recommendation to adopt draft Resolution No. 09-026, granting approvals as outlined in the agenda memorandum for Sunset Beach-PUD. REGULAR AGENDA VIII. COUNTY ATTORNEY Claim by APA Emerson @ Indrio, L.L.C., Pursuant to Section 70.001, Florida Statutes ("Bert Harris Claim") Consider staff recommendation to approve the letter and authorize the Chair to sign the letter. IX. COUNTY ATTORNEY City of Fort Pierce Resolution 09-23 Initiating Development of an Interlocal Service Boundary Agreement with the City of Port St. Lucie pertaining to Properties North and West of Midway Road Consider staff recommendation to adopt Resolution No. 09-176 and authorize the Chair to sign the Resolution. X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a continuation of the May 26, 2009 Informal Meeting on Thursday, June 4, 2009 at 9:00 a.m. in Conference Room #3. 2. St. Lucie County will hold a public workshop to provide information and gather community input on a potential inlet sand bypassing project at Fort Pierce Inlet on Wednesday, June 10 from 6-8 p.m. in the St. Lucie County Commission Chambers, Roger Poitras Administration Annex, 2300 Virginia Ave., Fort Pierce. 3. The Board of County Commissioners will hold a Ribbon Cutting for the Douglas M. Anderson Emergency Operations 911 Center at 10:00 a.m. on Friday, June 12, 2009 at 15305 W. Midway Road, Fort Pierce. 4. The 2009 Florida Police & Fire Games will be held June 21 S~ -27~^ at various venues throughout the Treasure Coast. Admission is free for all games. For details visit: www.treasurecoastsports.orq 5. The Board of County Commissioner will hold a Workshop on the LPGA Golf Tournament opportunity on Monday, June 22, 2009 at 2:00 p.m. in Conference Room #3. 6. The June 23, 2009 Informal Monthly Meeting has been rescheduled to Friday, June 30, 2009 at 1:30 p.m. in Conference Room #3. 7. The Board of County Commissioners Budget Workshops will begin Monday, July 13, 2009 and run through Friday, July 17, 2009. 8. The Board of County Commissioners will hold a Special BOCC Meeting on Friday, July 17, 2009 at 1:30 p.m. or as soon thereafter to set the 2009-2010 proposed millage. 9. The Board of County Commissioners summer recess will begin the week of July 20~ and run thru July 315. The July 215 BOCC meeting, July 28"' BOCC meeting and the July 28'" Informal monthly meeting are canceled. 10. The August 4, 2009 Regular Board of County Commissioners Meeting is canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any parry to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 26, 2009 Convened: 9:00 a.m. Adjourned 9:15 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Dzadovsky, Chris Craft, Doug Coward Others: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West„ Public Works Director, Debra Brisson, Parks and Rec. Director, Marie Gouin, OMB Director, Beth Ryder, Community Services Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held May 19, 2009, and; upon roll call, motion carried unanimously. II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 19, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. A presentation was made by Carol Wyatt, WPSL Christmas KidsIWPSL Radio and Ashley Mock, Children's Services Council of St. Lucie County. V. GENERAL PUBLIC COMMENT Mr. Craig Mundt, Hutchinson Island resident thanked the Board, staff and the Sheriffs office for their efforts in putting together a program for the safety of residents on the island. He advised the Board the parks were to capacity this holiday weekend. VI. CONSENT AGENDA Com. Grande addressed a correction needed on item G-3 attachment A where it indicates 4 people scoring when the actual number should have read 6. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 34 The Board approved Warrant List No. 34. B. GRANTS Severe Repetitive Loss Pilot Program, Budget Amendment BA09-020 The Board approved prooviding $24,000 to assist homeowners obtain required documentation for Severe Repetitive Loss Program (SRL) authorized Chair to sign documents as approved by the County Attomey and approved Budget Resolution Amendment BA09-020. 1 05/22/09 ST. LUCIE COUNTY - BOARD PALL; ~ZABWARR WARRANT LIST #39- 16-MAY-2009 TO 22-MAY-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 149,659.60 30,081.25 001164 USDOJ Violence Against Women Grant 16,414.39 0.00'.. 001180 US Dept Housing HUD Shelter Plus Gr 2,096.00 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 1 432.38 0.00 001190 FTA Sec 5307 - Buses 05/06 ~ 89.00 0.00 001436 INTACT Inspired Network to Achieve 1,026.45 0.00 001501 CSBG 2008-2009 Dept of Health and H 7,724.28 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 315.20 0.00 001506 Us Dept of Health Earned Income Tax 990.00 O.UU 101 Transportation Trust Fund 22,206.95 0,()0 101002 Transportation Trust/80o Constitut 37,138.03 O.UO 101003 Transportation Trust/Local Option 12,660.88 0.00 1.01004 Transportation Trust/County Fuel Tx 269.51 0.00 101006 Transportation Trust/Impact Fees 6 799.00 O.UO 1.02 Unincorporated Services Fund 3,281.86 O.UO 102001 Drainage Maintenance MSTU 7,549.86 O.UO 102809 Paradise Park Phase 2 SFWMD 9,200.00 O.UO 104001 Recreation Donations Fund 624.00 O.OU 107 Fine & Forfeiture Fund 3,024.66 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 21,977.48 0.00 107005 F&F Fund-Legal Aid 8,627.75 U.UO 107006 F&F Fund-Court Related Technology 9,383.50 0.00 107204 FL Dept Juvenile Justice-DMC Civil 371.52 0.00 107205 Juvenile Justice & Delinquency Prev 787.13 0.00 113 Harmony Heights 3 Fund 236.58 0.00 114 Harmony Heights 4 Fund 516.14 0.00 116 Sunland Gardens Fund 576.94 0.00 117 Sunrise Park Fund 143.65 0.00 119 Holiday Pines Fund 894.59 0.00 123 Queens Cove Lighting Dist#13 Fund 364.71 0.00 127 Pine Hollow Street Lighting MSTU 375.18 O.OC 128 Kings Hwy industrial Park Lighting 502.22 0.00 129 Parks MSTU Fund 10,092.01 0.00 130 SLC: Public Transit MSTU 825.60 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,752.78 O.UU 138 Palm Lake Gardens MSTU Fund 258.29 0.00 140 Airport Fund 6,039.76 0.00 .140135 FAA Security Fencing & Runway 9L/27 467,737.04 0.00 140306 DOT-New N. Entrance Port Ft. ,Pierce 31,897.82 0.00 140335 Parallel Runway Design-9L/27R 24,617.74 0.00 140348 Taxiway Shoulders & Drainage 19 538.00 0.00 140356 FDOT Airport Master Plan Update 26 863.87 0.00 140358 FDUT Update Master Drainage Plan 14 524.25 0.00 190359 FDOT Environmental Mitigation 7 205.97 0.00 140360 FDEP Air~~ort W Commerce Prk Sewer 800.00 0.00 150 Impact Fee Collections 189.00 0.00 160 Plan Maintenance RAD Fund 6,125.30 0.00 181 SLC Housing Finance Authority Fund 1,974.00 0.00 05•/22/09 ST. LUCIE CGuiv1Y - BOARD PAGE ],ZABWARR WARRANT LIST #34- 16-MAY-2009 TO 22-MAY-2009 FUND SUMMARY 1~'UND TITLE EXPENSES PAYROLL ]f33 Ct Administrator-19th Judicial Cir 3,880.47 0,0Q 1f33001 Ct Administrator-Arbitration/Mediat 280.03 0,0Q 1.33006 Guardian Ad Litem Fund 15,057.83 0,00 :.85007 FHFA SHIP FY06/07 13,915.57 0.00 '89].00 Home Consortium 291.00 0.00 ]E39201 FHFC Hurricane Housing Recovery Pla 53,839.66 0.00 1.89202. My Safe Florida Home 19,613.52 0,00 216 County Capital I&S 1,202.00 0.00 318102 FHWA Angle Rd Sidewalk & Signalizat 16,419.50 0.00 ~i01 Sanitary Landfill Fund 108,083.59 0.00 ,~18 Golf Course Fund 13,261.16 0.00 951 S. Hutchinson Utilities Fund 1,084.60 0.00 961 Sports Complex Fund 24,151.30 0.00 ~;7.]_ No County Utility District-Operatin 30,060.46 p,O0 !.79 No Cty Util Dist-Capital Facilities 11,700.00 0,00 x;91 Building Code Fund 198.25 0,00 `,05 Health Insurance Fund 163,222.04 1,633.70 F~Q6 Stlared Pool Cash-Property Appraiser 400, 000.00 0 , 00 F~1] Tourist Development Trust-Adv Fund 2,779.93 0,()0 62:: Law Library 6, 038.99 0 , ()0 630 Tax Deed Overbid Agency Fund 6,364.26 0.00 665 SLC Art in Public Places Trust Fund 1,425.07 0,00 801 Bank Fund 25,178.90 0.00 GRAND TOTAL: 1,860,697.95 31,719.95 C. COURT ADMINISTRATION Request approval of Budget Resolution No. 09-166, to establish a budget for the Drug Court Grant award in the amount of $3,300. The Board approved Budget Resolution No. 09-166 to setup budget for the Drug Court Grant which provides free drug screenings for participants in the Drug Court Program in the amount of $3,300. D. HUMAN RESOURCES Catastrophic Inmate Medical Insurance Annual Policy The Board approved purchasing the Catastrophic Inmate Medical Insurance Policy with an annual premium of $88,506. E. PARKS AND RECREATION Cable Channel Modulator for the Havert L. Fenn Center The Board approved Equipment Request EQ09-033 in the amount of $2,675 for the purchase of a cable channel modulator for the Havert L. Fenn Center. F. MANAGEMENT AND BUDGET 1. Purchasing Division -Fixed assr;tlnventory-property record removal The Board authorized removal of the requested records from the fixed asset inventory of the St. Lucie County Property Appraiser's Office. 2. Purchasing Division -Contract No. C09-01-105 with Innviron Corporation for leachate pre-treatment system The Board approved canceling contract C09-01-105 with Innviron Corporation and authorized to re-advertise a request for proposal for design, build, own and operate a landfill leachate pre-treatment system. 3. Purchasing Division -Contract No. C08-10-558 with Cliff Beny Incorporated (CBI), for leachate transportation and disposal The Board approved canceling contract C08-10-558 with Cliff Berry Incorporated (CBI), due to violation of Section 7.7 Public Entity Crimes of the St. Lucie County Purchasing Manual and authorized permission to advertise an invitation to bid for leachate transportation and disposal. Com. Dzadovsky addressed the wastewater and deep well injections affecting areas of the ocean. He requested staff bring back alternative options for disposal of this wastewater. 4. Purchasing Division -Amendment to contract for County fire sprinkler system maintenance The Board approved an amendment to contract C06-04-408 with Life Safety Systems, Inc. adding the Havert L. Fenn Center and authorized the Chair to sign documents as approved by the County Attomey. 5. Purchasing Division - Amendment to contract for County pest control services The Board approved the ninth amendment to contract C06-O7-407 with Hulett Environmental Services, adding two locations (Lakewood Park Pool and Ravenswood Pool) and authorized the Chair to sign the documents as approved by the County Attomey. 6. Purchasing Division -Bid No. 09-035, Delivery and Installation of One Modular Home. 2 The Board approved to award Bid No. 09-020, delivery and installation of one modular home to Carmel Capital in the amount of $57,640.00 and authorized the Chair to sign documents as approved by the County Attomey. F. MANAGEMENT AND BUDGET CONTINUED 7. Purchasing Division -Request for Proposal for Credit Card Processing Services The Board authorized advertising a request for proposal for credit card processing services. G. COMMUNITY SERVICES 1. Grant award for 31 foot -passenger bus The Board accepted the FTA Section 5311 Capital Stimulus Grant award to purchase equipment as outlined in agenda memorandum, approved the sub grant agreement with Council on Aging of St. Lucie County Inc., transit provider and authorized the Chair to sign the documents as approved by the County Attomey. 2. Avenue D and 8~ Street Park and Ride The Board approved an extension to the Park and Ride grant agreement to March 1, 2011 and authorized the Chair to sign documents as approved by the County Attomey. 3. Short List of Architectural Service firms for Intemtodal Transfer Facility, RF(~ 09- 019 The Board approved the short-listed firms for architectural services for the Intermodal Transfer Facility and authorized to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; and 3. If negotiations are successful, award contract to the short-listed firm and authorized the Chair to sign the documents as prepared by the County Attomey. H. INVESTMENT FOR THE FUTURE Central Services -Equipment Request No. 09-034 and Budget Amendment No. 09-018 for 32-Channel DVR for Courthouse Annex The Board approved Equipment Request No. 09-034 and Budget Amendment No. 09-018 in the amount of $6,260 for the purchase of a 32 channel DVR for Sheriff security at the Courthouse Annex. I. SHERIFF'S OFFICE 1. PULLED PRIOR TO MEETING -Permission to Apply for the 2009 Residential Substance Abuse Treatment Grant Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of a 2009 Residential Substance Abuse Treatment Program electronic grant application and authorize the electronic submission of the required signatures. 2. Permission to Apply for the 200P Bullet Proof Partnership Grant The Board approved the St. Lucie County Sheriffs Office submission of the 2009 Bullet Proof Partnership grant electronic application and authorized the electronic submission of the required signatures. J. ENVIRONMENTAL RESOURCES 3 Savanna Club Golf Course Restrooms Landscaping Improvement Agreement The Board approved the Landscaping Improvement Agreement with the Savanna Club Homeowners Association, Inc., developers of the Savanna Club Golf Course Restrooms in the amount of $1,223.00 and authorized the Chair to sign the Agreement. K. AIRPORT 1. Request for Proposal (RFP) to lease 3104 and 3106 Industrial Avenue 3 The Board approved to issue a Request for Proposal (RFP) to lease 3104 and 3106 Industrial Avenue 3 at the St. Lucie County International Airport. 2. Budget Resolution No. 09-153, LED Airfield Lighting Upgrade The Board approved Budget Resolution No. 09-153 establishing the fund for the LED Airfield Lighting Upgrade project totaling $31,250 with an 80% FDOT grant ($25,000) and the 20% local share ($6,250) and authorized the Chair to sign as approved by the County Attorney. 3. Request for Bid (RFB) to sell two lots in Airport Industrial Park The Board approved to issue a Request for Bid (RFB) to sell two lots in the Airport Industrial Park off Industrial Avenue 2, as identified in the agenda memorandum. END OF CONSENT AGENDA NO PUBLIC HEARINGS SCHEDULED. NO REGULAR AGENDA ITEMS There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 4 05/29/09 ST. LUCIE COUNTY - BOARD PAGE A'ZABWARR WARRANT LIST #35- 23-MAY-2009 TO 29-MAY-2009 FUND SUMMARY ~~'t)ND TITLE EXPENSES PAYROI,L• 001 General Fund 2,246,838.11 540,486.88 001180 US Dept Housing HUD Shelter Plus Gr 1,500.00 0.00 001186 FDCA Homeland Security Grant-Issue 4,864.25 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 768.73 10,048.42 001194 U.S. Dept of Housing & Community 20.37 266.21 00].429 Dept of Financial Services My Safe 16.36 0.00 001434 Fla Comm for the Disadvantaged Tran 88.43 1,156.16 001436 INTACT Inspired Network to Achieve 392.00 1,102.40 ~~01501 CSBG 2008-2009 Dept of Health and H 1,255.60 1,386.80 001505 FDCA Emerg. Mgmt Prep & Assist FY09 97.16 0.00 001506 Us Dept of Health Earned Income Tax 8.72 0.00 ]0] Transportation Trust Fund 24,208.28 38,227.21 ;_0.1001 Transportation Trust Interlocals 80.47 1,051.96 :;.01002 Transportation Trust/80o Constitut 33,895.61 45,921.13 7.0].003 Transportation Trust/Local Option 9,101.00 23,272.23 101004 Transportation Trust/County Fuel Tx 2,429.28 ~ 17,405.43 L01006 Transportation Trust/Impact Fees 298,687.67 0.00 1G 2. Unincorporated Services Fund 7,000.78 77,966.47 7G2.001 Drainage Maintenance MSTU 1,051.63 5,420.16 :'•.02.809 Paradise Park Phase 2 SFWMD 6,958.50 0.00 70"/ Fine & Forfeiture Fund 3,744,077.00 136,233.24 .'.07001 Fine & Forfeiture Fund-Wireless Sur 88.07 1,113.60 .7.07002 Fine & Forfeiture Fund-E911 Surchar 88.06 1,113.60 :_07003 Fine & Forfeiture Fund-800 Mhz Oper 4,121.64 0.00 1.07006 F&F Fund-Court Related Technology 6,413.16 8,736.95 ]_07204 FL Dept Juvenile Justice-DMC Civil 115.29 1,507.10 ;_07205 Juvenile Justice & Delinquency Prev 158.79 2,076.00 .7.09 Drug Abuse Fund 35.00 0.00 130 SLC Public Transit MSTU 166.48 2,176.18 140 Airport Fund 1,160.40 14,841.82. 140001 Port Fund 27,200.00 0.00 i50 Impact Fee Collections 116.53 1,523.20 ~_6C Plan Maintenance RAD Fund 585.31 3,849.19 ?83 Ct Administrator-19th Judicial Cir 577.23 3,009.49 :.83001 Ct Administrator-Arbitration/Mediat 700.00 0.00 .7.83004 Ct Admin.- Teen Court 413.49 5,409.72 7.85009 FHFA SHIP 2007/2008 157.62 2,060.48 7.89201 FHFC Hurricane Housing Recovery Pla 43,784.80 7,611.07 310002 Impact Fees-Parks 2,330.12 0.00 318 County Capital-Transportation Bond 1,595.75 0.00 3900.7 Indian River Estates MSBU 3,342.60 0.00 39009 Sunland Gardens 2 MSBU 2,773,395.77 0.00 901 Sanitary Landfill Fund 224,716.81 57,124.42 418 Golf Course Fund 3,236.67 20,849.82 %.5 S. Hutchinson Utilities Fund 23, 793.23 3, 949.68 !i58 SH Util-Renewal & Replacement Fund 88.57 535.70 461. Sports Complex Fund 25,795.20 20,909.08 X71 No County Utility District-Operatin 64,366.87 7,882.23 05/29/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #35- 23-MAY-2009 TO 29-MAY-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 478 No Cty Util Dist-Renewal & Replace 129.54 1,277.47 479 No Cty Util Dist-Capital Facilities 8,140.38 1,625.67 491 Building Code Fund 2,641.96 33,425.61 505 Health Insurance Fund 393,446.40 3,871.20 611 Tourist Development Trust-Adv Fund 170.94 1,905.77 801 Bank Fund 481,176.73 0.00 GRAND TOTAL: 10,477,589.36 1,108,324.75 r AGENDA REQUEST ITEM NO. VI-B1 DATE: June 2, 2009 - - ~ I REGULAR a a PUBLIC HEARING [J CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: First Amendments to Agreements with Ranger Construction - Cnlmoso and Lucero Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Stuff recommends the Board approve and give Chair permission to sign First Amendments to Agreements with Ranger Construction. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: ~ - Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals M County Attorney: } Management $ Budget Purchasing: Daniel 5. McIntyre Marie Gouin Originating Dept. Public Works Dir: County Eng.: Don West Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 . _ ~ ; _ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA . - TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-0616 DATE: June 2, 2009 SUBJECT: First Amendments to Agreements with Ranger Construction to Correct Scrivener's Error. BACKGROUND: On March 24, 2009, the Board approved the award of the contracts for two projects, Verada Ditch Improvements -Lucero Drive Culvert and Verada Ditch South of Calmoso, to Ranger Contstruction. In Ranger's original bid, they accidentally flipped the bid amount for Lucero and the bid amount for Calmoso. They later gave written confirmation that this was an error and submitted a new document with this corrected. However, when I drafted the contracts, I used the original bid sheet and therefore put the Lucero contract amount in the Calmoso contract and vice-versa. Staff asks that the attached amendments be approved to correct this error. RECOMMENDATION/CONCLUSION : Staff recommends the Board approve and authorize the Chair to sign the First Amendments to Agreements with Ranger Construction on Verado Ditch Improvements -Lucero Drive Culvert and Verada Ditch South of Calmoso. Respectfully submitted, Dl, Heather Sperraz L Assistant County At ney Attachment FIRST AMENDMENT TO MARCH 24, 2009 AGREEMENT C09-03-107 THIS FIRST AMENDMENT is dated this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County"and RANGER CONSTRUCTION INDUSTRIES, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on March 24, 2009, the parties entered into an agreement, hereinafter referred to as the "Agreement" for the construction of the Verada Ditch Improvements - South of Calmoso; and, WHEREAS, there was a scrivener's error in the contract amount and the parties desire to amend the Agreement to correct the contract amount. NOW, THEREFORE, in consideration ofthe mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 7 of the Agreement, Contract Payment, shall now read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds being not to exceed two million five sixty one thousand three hundred and two dollars ($2,561,302.00), in accordance with the Work and Payment Schedule (hereinafter "Schedule"), attached as Exhibit B. The Schedule divides the Contract Work into several Areas. The Contractor will be paid in full, in accordance with the amount set forth in the Schedule, only for all Areas which are acceptably completed, and for which acceptable as-built drawings have been submitted, by June 9, 2009. A release of liens must also be submitted on June 9, 2009. All Areas which will be completed, must be completed, and the Final Pay Request, including as-built drawings, must be submitted, by June 9, 2009. The Contractor shall not be paid for any Area which has not been acceptably completed as of June 9, 2009. However, if partial work has been done on an Area and that work meets all applicable specifications, is able to serve its purpose, and will not degrade in an accelerated fashion over time over normal construction, and the Contractor h~ s submitted an as-built drawing by June 9, 2009, the Contractor shall be paid for the work completed. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. -1- ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE' COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: RANGER CONSTRUCTION INDUSTRIES, INC. BY: NAME: TITLE: -2- FIRST AMENDMENT TO MARCH 24, 2009 AGREEMENT C09-03-108 THIS FIRST AMENDMENT is dated this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County"and RANGER CONSTRUCTION INDUSTRIES, INC., their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on March 24, 2009, the parties entered into an agreement, hereinafter referred to as the "Agreement" for the construction of the Verada Ditch Improvements - Lucero Drive Culvert; and, WHEREAS, there was a scrivener's error in the contract amount and the parties desire to amend the Agreement to correct the contract amount. NOW, THEREFORE,in consideration ofthe mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 8 of the Agreement, Contract Payment, shall now read as follows: 8. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds being not to exceed one hundred and ninety-five thousand one hundred and sixty-six dollars ($195,166.00). 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: -1- COUNTY ATTORNEY WITNESSES: RANGER CONSTRUCTION INDUSTRIES, INC. BY: NAME: TITLE: -2- - ~ ~ _ _ AGENDA REQUEST ITEM NO. VI- B.2 ~ Date: June 2, 2009 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young'T Assistant County Attorney SUBJECT: Bear Point Mitigation Bank -Credit Reservation Agreement with Florida Power & Light Company BACKGROUND: See C.A. No. 09-0629 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Credit Reservation Agreement with Florida Power & Light Company, and authorize the Chair to sign the agreement. COMMISSION ACTION: CONCURRENCE: [~Q APPROVED [ ]DENIED [ ]OTHER: ApprOVed 5-0 Faye W. Oultaw, M.P.A. County Administrator Coordination/Signatures County Attorney: ! l~_ ~ Mgt. & Budget: Purchasing: 1 Originating Dept.: ~~CSther : t71: Other Finance (Check for Copy only, if applicable): ~~,~wt~S ~ ~ ~ ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-0629 DATE: May 18, 2009 SUBJECT: Bear Point Mitigation Bank -Credit Reservation Agreement with Florida Power & Light Company BACKGROUND: Attached to this memorandum is a copy of a proposed Bear Point Credit Reservation Agreement with Florida Power & Light Company. The agreement provides for the County to reserve .90 Dual Federal/State Credits in the Bank for FP&L which is required to obtain the credits in conjunction with the planned maintenance of the St. Lucie Nuclear Power Plant discharge canal. As set forth in the agreement, FP&L has already paid the twenty-five percent (25%) reservation fee in the amount of twenty-nine thousand two hundred fifty and 00/100 dollars ($29,250.00). RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with Florida Power & Light Company, and authorize the Chair to sign the agreement. Respectfully submitted, 'lEt-'~-- ;~--~c Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director MITIGATION BANK CREDIT RESERVATION AGREEMENT THIS AGREEMENT made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and , FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose address is 7200 NW 4TH Street, Plantation, Florida 33317, ("Developer"). WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the Developer is the owner of certain property lying in the Bank's Mitigation Service Area, ("Site"); and, WHEREAS, the Developer is required to obtain mitigation credits in conjunction with the planned maintenance of its St. Lucie Nuclear Power Plant discharge canal maintenance (the "Project"); and, WHEREAS, the Developer desires to reserve .90 Dual State/Federal Credit in the Bank ("Credit") in order to seek the necessary permits for the Project; and, WHEREAS, the County is willing to reserve the requested Credit pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The County agrees to reserve .90 Dual State/Federal Credit for the Project as set forth in this Agreement as set forth in the Reserved Credit Allocation attached hereto and incorporated herein as Exhibit "A." Following issuance of the permits by the Florida Department of Environmental Protection and U. S. Army Corps of Engineers, the County will withdraw the Credit from the Bank Ledger subject to: (a) receipt of the remainder of the purchase price in the amount of eighty-seven seven hundred fifty and 00/100 dollars ($87,750.00), and (b) approval from the Florida Department of Environmental Protection and U. S. Army Corps of Engineers for the withdrawal. The term of this reservation shall begin on the date first written above and shall continue for a period of one year from the date of this Agreement, subject to extension upon the prior written agreement of the parties. 2. In consideration of such reservation, the parties acknowledge that the Developer has paid the County anon-refundable reservation fee ("Reservation Fee") in the total amount of -1- percent (25%) of the current price of the reserved Credit upon the date of this Agreement as set forth in the Reserved Credit Allocation and the Bank has provided the Developer with a receipt for such payment. 3. It shall be the responsibility of the Developer to provide the regulatory agencies with a copy of the receipt or other acceptable proof indicating reservation of the Credit. 4. In the event the permits for the Project are issued, the parties shall enter into a Mitigation Bank Credit Purchase Agreement for the required number of Credits. The amount of the Reservation Fee shall be credited against the Credit purchase price. In the event the permits for the Project are not issued, the County shall retain the Reservation Fee and the Developer shall have no claim against the County for the Reservation Fee or the reserved Credit. 5. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. [The next page is the signature page.] r IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: FLORIDA POWER & LIGHT BY: NAME: TITLE: g:\atty\agreemnt\contract\\bearpt.fpl.2.res. doc EXHIBIT "A" RESERVED CREDIT ALLOCATION Dual State/Federal Credits Reservation Price Total Price .90 $29,250.00 $117,000.00 WARNING: Original document has a reflective watermark on reverse side. Hold at an angle to view. ' ~ For Inquiries call (305!485-6700 64-127E ~ ~ 6~t SAP Disbursement Account Check Date: 05/01 /2009 Check No. 1326349 Bank of America Atlanta, Dekalb County, Georgia TWENTY-NINE THOUSAND TWO HUNDRED FIFTY DOLLARS $2a,25©.t3©'> ~ 1 PAY TO THE ST LUCIE COUNTY ORDER OF BOARD OF COUNTY COMMISSIONERS FLORIDA POWER & LIGHT CO. 2300 VIRGINIA AVENUE FORT PIERCE FL 34982 ~I~.J~'~ 11' L3 2634911' x:06 L ~ ~ 2788: 3 29997776 ~11' Florida Power & Light Co. Check Date :05/01 /2009 Vendor Name: ST LUCIE COUNTY Check Number: 1326349 tr~w~~~e ~}tarnber tnvo~c~.. .pnct~mes~t ~ur>~be;r.;.: ;;;:>:>:;::>:«:::::<:::::>>:::<..::.:.;.::..Grass #~mntsn~ nseou~nt: Net amount PR320136 04/23/2009 1900036107 29,250.00 0.00 29,250.00 Partial payment for Mitigation Bank Contributions Check Total S 29,250.00 i I i AGENDA REQUEST ITEM NO. VI-B3 DATE: June 2, 2009 - J _ ® REGULAR PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Permission to Advertise Resolution No. 09-172 -Cortez Boulevard Pro ject - St. Lucie County Economic Stimulus Project BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff requests permission to advertise proposed Resolution No. 09-172 for public hearing before the Board of County Commissioners on June 16, 2009, nt 6p.m. or as soon thereafter ns may be heard. COMMISSION ACTION: CONCURRENCE: [~J APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Marie Gouin Originating Dept. Public Works Dir: County Eng.: Don West Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 _ ~ _ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Heather Sperrnzza Lueke, Assistant County Attorney C.A. NO.: 09-0632 DATE: June 2, 2009 SUBJECT: Permission to Advertise Resolution No. 09-172 -Cortez Boulevard Pro ject - St. Lucie County Economic Stimulus Project BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing n local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09- 119 which provided for n list of local economic stimulus projects. The list includes the Admiral Street at Cortez Boulevard and Esplanade Court at Cortez Boulevard project. Attached to this memorandum is a copy of draft Resolution No. 09-172 which, if adopted, would authorize the Admiral Street at Cortez Boulevard and Esplanade Court at Cortez Boulevard project as a local economic stimulus project. The Resolution would also authorize the County Engineer to advertise for competitive sealed bids for the project. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 3.83 and the number of induced job years created by the project is approximately 2.15. A job year is defined ns employment is one job for one year. Direct jobs are jobs created in the actual government-sponsored project. Indirect jobs are jobs created nt suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased in income from the direct government spending lead to additional increases in spending by workers and firms. RECOMMENDATION/CONCLUSION Staff requests permission to ndvertiseResolution No. 09-172 for public hearing before the Board of County Commissioners on June 16, 2009, at 6 pm or as soon thereafter as may be heard. Respectfully submitted, Heather Spe r za eke Assistant unty orney Attachment RESOLUTION NO. 09-172 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZEN'S OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW SEALED COMPETITIVE BIDDING ON ADMIRAL STREET AT CORTEZ BOULEVARD AND ESPLANADE COURT AT CORTEZ BOULEVARD PROJECT AS A LOCAL ECONOMIC STIMULUS PROJECT IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has mode the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of local economic stimulus projects. The list includes the Admiral Street at . Cortez Boulevard and Esplanade Court at Cortez Boulevard project. 3. The estimated cost of the Admiral Street at Cortez Boulevard and Esplanade Court at Cortez Boulevard project is $550,000.00. The estimated time to complete the project is 60 days. 4. Based on the publication Estimates of Job Creation From The American RecoverX and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 3.83 and the number of induced job years created by the project is approximately 2.15. A job year is defined ns employment is one job for one year. Direct jobs are jobs created in the actual government-sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased in income from the direct government spending lead to additional increases in spending by workers and firms. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase 75% of the materials from local vendors. 6. Based on the above, the Board has determined that the Admiral Street nt 5: \ATTY\RESOLTN\2009\09-172.wpd Cortez Boulevard and Esplanade Court at Cortez Boulevard project will provide a significant local economic stimulus. 7. The contract will be awarded through competitive sealed bidding from licensed, responsible contractors. 8. On June 16, 2009, the Board held a public hearing to consider whether to authorize for bids for Admiral Street at Cortez Boulevard and Esplanade Court nt Cortez Boulevard project ns a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune on 9. It is in the best interests of the citizens of St. Lucie County, Florida, to award the Admiral Street at Cortez Boulevard and Esplanade Court at Cortez Boulevard project to an appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance No. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the Admiral Street at Cortez Boulevard and Esplanade Court at Cortez Boulevard project shall be advertised as a local economic stimulus project. The selected contractor shall comply with the criteria ns set out in Ordinance No. 09-008. B. The County Engineer is authorized to advertise for competitive sealed bids for the project. C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of June, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA 5: \ATTY\RESOLTN \2009\09-172.wpd r BY: Deputy Clerk Chnir APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney 5: \ATTY\RESOLTN\2009\09-172.wpd 1 AGENDA REQUEST ITEM NO. VI-B4 DATE: June 2, 2009 - ~ _ ~ REGULAR ~b. PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Permission to Advertise Public Hearing -Resolution No. 09- 174 -Central Services Pro jects - St. Lucie County Economic Stimulus Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff requests permission to advertise proposed Resolution No. 09-174 for public hearing before the Board of County Commissioners on June 16, 2009, at 6p.m. or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: D9 APPROVED [)DENIED [)OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Marie Gouin Originating Dept. Public Works Dir: County Eng.: Don West Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 - ~ _ _ INTER-OFFICE MEMORANDUM ~ ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-0669 DATE: June 2, 2009 SUBJECT: Permission to Advertise Resolution No. 09-174 -Central Services Projects- St. Lucie County Economic Stimulus Project BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. Q9-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09- 119 which provided for n list of local economic stimulus projects. The list includes the I.M. Waters Building Roof Replacement, Tribune Building Roof Replacement, Old Courthouse Penthouse Roof Replacement, Historical Museum/Train Station Roof Replacement and Exterior Painting, Lakewood Park Library Automatic Door Replacement, Lakewood Park Library Exterior Painting, Agriculture Center Exterior Painting, and Public Defender Exterior Painting pro jects. Attached to this memorandum is n copy of draft Resolution No. 09-174 which, if adopted, would authorize the I.M. Waters Building Roof Replacement, Tribune Building Roof Replacement, Old Courthouse Penthouse Roof Replacement, Historical Museum/Train Station Roof Replacement and Exterior Painting, Lakewood Pnrk Library Automatic Door Replacement, Lakewood Park Library Exterior Painting, Agriculture Center Exterior Painting, and Public Defender Exterior Painting projects as local economic stimulus projects. The Resolution would also authorize the Central Services Director to solicit for formal quotations for the projects. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the projects is approximately 1.42 and the number of induced job years created by the projects is approximately 0.81. A job year is defined as employment is one job for one year. Direct jobs are jobs created in the actual government-sponsored project. Indirect jobs are jobs created nt suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased in income from the direct government spending lend to additional increases in spending by workers and firms. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise Resolution No. 09-174 for public hearing before the Board of County Commissioners on June 16, 2009, at 6 pm or as soon thereafter as may be heard. Respectfully submitted, Heather Sp r zza L e Assist t ounty At ney RESOLUTION NO. 09-174 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZEN'S OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW FORMAL QUOTATIONS ON I.M. WATERS BUILDING ROOF REPLACEMENT, TRIBUNE BUILDING ROOF REPLACEMENT, OLD COURTHOUSE PENTHOUSE ROOF REPLACEMENT, HISTORICAL MUSEUM/TRAIN STATION ROOF REPLACEMENT AND EXTERIOR PAINTING, LAKEWOOD PARK LIBRARY AUTOMATIC DOOR REPLACEMENT, LAKEWOOD PARK LIBRARY EXTERIOR PAINTING, AGRICULTURE CENTER EXTERIOR PAINTING, AND PUBLIC DEFENDER EXTERIOR PAINTING PROJECTS AS LOCAL ECONOMIC STIMULUS PROJECTS IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of local economic stimulus projects. The list includes the I.M. Waters Building Roof Replacement, Tribune Building Roof Replacement, Old Courthouse Penthouse Roof Replacement, Historical Museum/Train Station Roof Replacement and Exterior Painting, Lakewood Pnrk Library Automatic Door Replacement, Lakewood Park Library Exterior Painting, Agriculture Center Exterior Painting, and Public Defender Exterior Painting projects. 3. The estimated cost of the projects and time to complete the projects are: I.M. Waters Building Roof Replacement $35,000.00 45 days Tribune Building Roof Replacement $35,000.00 45 days Old Courthouse Penthouse Roof Replacement $35,000.00 30 days Historical Museum/Train Station Roof $15,000.00 60 days Replacement and Exterior Painting Lakewood Pnrk Library Automatic Door $20,000.00 45 days Replacement Lakewood Park Library Exterior Painting $15,000.00 30 days 5~ \ATTY\RESOLTN\2009\09-174.wpd Agriculture Center Exterior Painting $30,000.00 30 days Public Defender Exterior Painting $20,000.00 30 days 4. Based on the publication Estimates of Job Creation From The American RecoverX and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the projects is approximately 1.42 and the number of induced job years created by the projects is approximately 0.81. A job year is defined as employment is one job for one year. Direct jobs are jobs created in the actual government-sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased in income from the direct government spending lead to additional increases in spending by workers and firms. 5. Unless waived, the Contractor would be required to hire n minimum of 75% local laborers and subcontractors and purchase 75% of the materials from local vendors. 6. Based on the above, the Board has determined that the I.M. Waters Building Roof Replacement, Tribune Building Roof Replacement, Old Courthouse Penthouse Roof Replacement, Historical Museum/Train Station Roof Replacement and Exterior Painting, Lakewood Park Library Automatic Door Replacement, Lakewood Park Library Exterior Painting, Agriculture Center Exterior Painting, and Public Defender Exterior Painting projects will provide n significant local economic stimulus. 7. The contract will be awarded through formal quotations from licensed, responsible contractors. 8. On June 16, 2009, the Board held a public hearing to consider whether to authorize for formal quotations for I.M. Waters Building Roof Replacement, Tribune Building Roof Replacement, Old Courthouse Penthouse Roof Replacement, Historical Museum/Train Station Roof Replacement and Exterior Painting, Lakewood Park Library Automatic Door Replacement, Lakewood Park Library Exterior Pointing, Agriculture Center Exterior Painting, and Public Defender Exterior Painting projects as a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune on 9. It is in the best interests of the citizens of St. Lucie County, Florida, to award the I.M. Waters Building Roof Replacement, Tribune Building Roof Replacement, Old Courthouse Penthouse Roof Replacement, Historical Museum/Train Station Roof Replacement and Exterior Painting, Lakewood Park Library Automatic Door Replacement, Lakewood Pnrk Library Exterior Painting, Agriculture Center Exterior Painting, and Public Defender Exterior Painting projects to nn appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance No. 09-008. 5: \ATTY\RESOLTN\2009\09-174.wpd NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the I.M. Waters Building Roof Replacement, Tribune Building Roof Replacement, Old Courthouse Penthouse Roof Replacement, Historical Museum/Train Station Roof Replacement and Exterior Pointing, Lakewood Park Library Automatic Door Replacement, Lakewood Park Library Exterior Painting, Agriculture Center Exterior Painting, and Public Defender Exterior Painting projects shall be solicited as a local economic stimulus project. The selected contractor shall comply with the criteria as set out in Ordinance No. 09-008. B. The Director of Central Services is authorized to solicit formal quotations for these projects. C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was ns follows: Chair Paula A. Lewis XXX Vice Chair Charles 6rnnde XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 16th day of June, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5:\ATIY\RESOLTN\2009\09-174.wpd ~ AGENDA REQUEST ITEM NO. VI-B5 DATE: June 2, 2009 - J - _ ~ REGULAR PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Permission to Advertise Public Hearing -Resolution No. 09- 175 - Central Services Projects - St. Lucie County Economic Stimulus Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff requests permission to advertise proposed Resolution No. 09-175 for public hearing before the Board of County Commissioners on June 16, 2009, nt 6p.m. or ns soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: pc] APPROVED [ ]DENIED [ J OTHER: ` Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management ~ Budget Purchasing: Daniel 5. McIntyre Marie Gouin Originating Dept. Public Works Dir: County Eng.: Don West Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 - ~ = _ INTER-OFFICE MEMORANDUM ! ~ ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C. A. NO.: 09-0670 DATE: June 2, 2009 SUBJECT: Permission to Advertise Resolution No. 09-175 -Central Services Projects- St. Lucie County Economic Stimulus Project BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09- 119 which provided for a list of local economic stimulus projects. The list includes the Health Department/Avenue C Exterior Painting and Oxbow Eco-Center Exterior Painting, Boardwalk and Deck projects. Attached to this memorandum is a copy of draft Resolution No. 09-175 which, if adopted, would authorize the Health Department/Avenue C Exterior Painting and Oxbow Eco-Center Exterior Painting, Boardwalk and Deck pro jects as local economic stimulus projects. The Resolution would also authorize the Central Services Director to solicit for informal quotations for the projects. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 0.15 and the number of induced job years created by the project is approximately 0.09. A job year is defined as employment is one job for one year. Direct jobs are jobs created in the actual government-sponsored project. Indirect jobs are jobs created nt suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased in income from the direct government spending lead to additional increases in spending by workers and firms. RECOMMENDATION/CONCLUSION 'w Staff requests permission to advertise Resolution No. 09-175 for public hearing before the Board of County Commissioners on June 16, 2009, at 6 pm or as soon thereafter as may be heard. Respectfully submitted, Heather pert z L Assistan n Att y w ' RESOLUTION NO. 09-175 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZEN'S OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW INFORMAL QUOTATIONS ON HEALTH DEPARTMENT/AVENUE C EXTERIOR PAINTING AND OXBOW ECO-CENTER EXTERIOR PAINTING, BOARDWALK AND DECK PROJECTS AS LOCAL ECONOMIC STIMULUS PROJECTS IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of loch) economic stimulus projects. The list includes the Health Department/Avenue C Exterior Painting and Oxbow Eco-Center Exterior Painting, Boardwalk and Deck projects. 3. The estimated cost of the projects and time to complete the projects are: Health Department/Avenue C Exterior Painting $10,000.00 45 days Oxbow Eco-Center Exterior Painting, $12,000.00 45 days Boardwalk and Deck 4. Based on the publication Estimates of Job Creation From The American Recovery and Reinvestment Act of 2009, published by the U.S. Council of Economic Advisors, the number of job years directly and indirectly created by the project is approximately 0.15 and the number of induced job years created by the project is approximately 0.09. A job year is defined as employment is one job for one year. Direct jobs are jobs created in the actual government-sponsored project. Indirect jobs are jobs created at suppliers who make materials used in the project. Induced jobs are jobs created elsewhere in the economy as increased in income from the direct government spending lead to additional increases in spending by workers and firms. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase 75% of the materials f rom local vendors. 5: \ATTY\RESOLTN\2009\09-175.wpd 6. Based on the above, the Board has determined that the Health Department/Avenue C Exterior Painting and Oxbow Eco-Center Exterior Painting, Boardwalk and Deck projects will provide n significant local economic stimulus. 7. The contract will be awarded through informal quotations from licensed, responsible contractors. 8. On June 16, 2009, the Board held a public hearing to consider whether to authorize for informal quotations for Health Department/Avenue C Exterior Painting and Oxbow Eco-Center Exterior Painting, Boardwalk and Deck projects as a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune on 9. It is in the best interests of the citizens of St. Lucie County, Florida, to award the Health Department/Avenue C Exterior Painting and Oxbow Eco-Center Exterior Painting, Boardwalk and Deck projects to an appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance No. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the Health Department/Avenue C Exterior Painting and Oxbow Eco-Center Exterior Painting, Boardwalk and Deck projects shall be solicited as n local economic stimulus project. The selected contractor shall comply with the criteria as set out in Ordinance No. 09-008. B. The Director of Central Services is authorized to solicit informal quotations for these projects. C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 16th day of June, 2009. 5: \ATTY\RESO~TN\2009 \09-175.wpd BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chnir APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney 5: \ATTY\RESOLTN\2009 \09-175.wpd ITEM NO. VI-C1 gyp,, .,~~r,~; DATE: 6/2/09 • ~ , AGENDA REQUEST REGULAR ( ) - PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: St. James Boulevard BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 23, 2007 - BOCC approved the Road Repair Agreement with Arrow Directional Boring, Inc. RECOMMENDATION: Board approval of the conditional acceptance of the road repairs and initiate the maintenance period of one year and 30 days. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~1 ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinatioNSignatures County Attorney (x) ~ f•~ Engineering (x) r~~ Daniel McIntyre Michael Powley Originating Dept. (x) ~a' ' Finance (x ) Don d West hai Francis st jamesblvdroadrepairacceptimprovementsarrowdirectionalboring.ag Page 1 of 2 Engineering Division ~ ~ i ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director~~" FROM: Michael Powley, County Engineer ~'~.r`P DATE: June 2, 2009 SUBJECT: St. James Boulevard -Arrow Directional Boring, Inc. ITEM NO. VI-C1 Background: The Pine Trace development lies within the jurisdiction of the city of Port St. Lucie. This development is situated approximately 1-1/2 miles south of Midway Road and west of St. James Boulevard. Arrow Directional Boring, Inc. performed a directional bore beneath St. James Boulevard in order to extend utilities to the development. Their work created a subsidence in the northbound travel lanes. Arrow Directional Boring, Inc. has completed the required road repairs to the northbound travel lanes of St. James Boulevard and requests the Board conditionally accept the repairs and begin the maintenance period. The surety in the amount of $12,985.42 will be retained by the County for the maintenance period of one year and 30 days. Pursuant to the Road Repair Agreement the contractor's engineer has supplied a certification letter indicating that the road repairs were completed in accordance with the County's specifications. Staff has reviewed the certification letter together with the supporting geotechnical reports and has determined that the certification package is complete. The southbound travel lanes were also damaged but by a different contractor. Sunline Engineering Contractors, Inc. has completed the repairs to the southbound travel lanes and has executed a separate maintenance agreement with St. Lucie County. Recommendation: Board approval of the conditional acceptance of the road repairs and initiate the maintenance period of one year and 30 days. Page 2 of 2 ITEM NO. VI-C2 ` y~ ~ ~ ' I DATE: 6/2/09 ~ AGENDA REQUEST REGULAR ( ) • t PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: St. James Boulevard BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 2, 2008 - BOCC approved the Road Repair Agreement with Sunline Engineering Contractors, Inc. RECOMMENDATION: Board approval of the conditional acceptance of the road repairs and initiate the maintenance period of one year and 30 days. COMMISSION ACTION: CONCURRENCE: (x) APPROVED ( ) DENIED ( ) OTHER ~1' Approved 5-0 Faye W. Outlaw, MPA County Administrator /~y Coordination/Signatures County Attorney (x) Engineering (x) i~`p f ~ . Daniel McIntyre Michael Powley Originating Dept. (x) ~ • Finance (x) Do Id West Shai Francis st jamesblvdroadrepairacceptimprovementssunlineengineering.ag Page 1 of 2 Engineering Division • ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director$~- ; FROM: Michael Powley, County Engineer :~1~'~ DATE: June 2, 2009 SUBJECT: St. James Boulevard -Sunline Engineering Contractors, Inc. ITEM NO. VI-C2 Background: The Pine Trace development lies within the jurisdiction of the city of Port St. Lucie. This development is situated approximately 1-1/2 miles south of Midway Road and west of St. James Boulevard. Sunline Engineering Contractors, Inc. performed a directional bore beneath St. James Boulevard in order to extend utilities to the development. Their work created a subsidence in the southbound travel lanes. Sunline Engineering, Inc. has completed the required road repairs to the southbound travel lanes of St. James Boulevard and requests the Board conditionally accept the repairs and begin the maintenance period. The surety in the amount of $19,469.50 will be retained by the County for the maintenance period of one year and 30 days. Pursuant to the Road Repair Agreement the contractor's engineer has supplied a certification letter that the road repairs were completed in accordance with the County's specifications. Staff has reviewed the certification letter together with the supporting geotechnical reports and has determined that the certification package is complete. The northbound travel lanes were also damaged but by a different contractor. Arrow Directional Boring, Inc. has completed the repairs to the northbound travel lanes and has executed a separate maintenance agreement with St. Lucie County. Recommendation: Board approval of the conditional acceptance of the road repairs and initiate the maintenance period of one year and 30 days. Page 2 of 2 ITEM NO. VI-C3 DATE: 6/2/09 ~ AGENDA REQUEST REGULAR ( ) - - - PUBLIC HEARING ( ) LEG. ( ) GIUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: Indian River Estates Stormwater Improvements Phase I -Pump Station BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102811-0000-205100-425056 SFWMD Grant-Retainage - $50,000 102109-0000-205100-425056 SFWMD Grant-Retainage - $130,000 316001-0000-205100-425056 5T" Cent Fuel Capital-Retainage - $3,150 102001-0000-205100-425056 Drainage Maint. MSTU-Retainage $59,792.18 101003-0000-205100-425056 Trans. Trust Local Option-Retainage - $349.05 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the project, release retainage and make final payment in the amount of $243,291.23. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~1' ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinatioNSignatures County Attorney (x) ~ Engineering (x) Daniel McIntyre Michael Powley Originating Dept. (x) Finance (x ) Do Id West hai Francis OMB/Purchasing (x ) Marie Gouin Indian River Estates Pump Station Close Out.ag Page 1 of 2 Engineering Division J ~ ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Directo~~ FROM: Michael Powley, County Engineer fii` DATE: June 2, 2009 SUBJECT: Indian River Estates Stormwater Improvements Phase I -Pump Station ITEM NO. VI-C3 Background: Since 1995 Engineering staff has been working on'the design of a stormwater management system for the 1200-acre Indian River Estates subdivision. In 2006 the project was broken up into two phases with Phase I consisting of the pump station and Phase II consisting of the collection system. Design of Phase I was completed in 2007 with construction beginning in 2008. The majority of construction for Phase I was paid with grant funds. This agenda is to accept the Indian River Estates Stormwater Improvements Phase I -Pump Station project, release retainage in the amount of $243,291.23, and make final payment in the amount of $243,291.23 to Close Construction, Inc. The project was completed in the specified contract time. The delay for closing it out is due to the final release of liens not being provided by the contractor until recently. Previous Action: November 27, 2007 -Board approved to award the construction contract to Close Construction, Inc. in the amount of $4,471,114.00. August 5, 2008 -Board approved Change Order No. 1 with Close Construction, Inc. in the amount of $301,409.54. October 7, 2008 -Board approved Change Order No. 2 with Close Construction, Inc. in the amount of $93,301.00 December 16, 2008 -The County Administrator signed Change Order No. 3, for time extension only, with Close Construction, Inc. Recommendation: Board acceptance of the project, release retainage and make final payment in the amount of $243,291.23. Attachments: Final Pay Request (one page) County Attorney Memo (one page) Page 2 of 2 - APPLICATION FOR 1 4 AND FINAL PAYMENT Project Name: Indian River Estates Stormwater Im rOvements - Phase I Engineer's Project No.:_ n 6_ ~ ti Owner: Hoard of County C^~++ ~ ion r St t Coi,Lt Florida Contractor: los onatrnrti Inc Contract Date: 1/1/08 Application Amount: Application Date: 2/ 2 0/ 0 9 For Period Ending: 2 / 2 0 / 0 ~ Initial Contract Amount Based on Estimated Quantities: $ n / a As Applied for As Approved Tabulation of Amount D>_e This ApP i 't'^ By Contractor _Bv Engineer ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of Completed Work") g 4 , 4 71 , 1 1 4.00 g ~t~ y'1 1 ! ~l . y Cl-IANGE ORDER NO.~_~ t n p g6 Complete{+) $ 3 O 1 , 4 0 9 5 4 3c~ ! , ~l o~ . Sal CHANGE ORDER NO. 2 ® 1 00 96 Complete(+) $ q ~ ~ ~ n t n n 9~, 3o i . os; CHANGE ORDER NO.~_® 1 n n 96 Complete(+) ~ 0 _0 0 g CHANGE ORDER NO. ® 96 Complete(+) $ $ Previous Payments: Total Work to Date S ~ $b S ~ ay. 5 ~f Rl S Less Previous Payment $ 4 , F ~ ~ ~ S ~ ~ ~ ~ y ~ t, a9, 531. 3 1 a2 $ Subtotal a3 $ $ 2c~~ q'1 5 i}'a~-13Fa9t.9'~ Less Failed Laboratory Tests $ a4 $ 4,622,533.32 Total $ i ncl i,dPC Amount Due Final Payment, Except for any Pay App # 1 3 not Liquidated Damages Assessed by the Board $~~-f'j~ ~q ! ~ ~ yet paid CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor agrees to the total final price of 8 4 , R 6 5 , 4 S 4and final payment of $ 2 4 3 , 2 91.2 2 as full settlement of his account under the Contract and of all claims in connection therewith. CONTRACTOR: Close ction Inc. BY TITLE: Vice President Billy ite COUNTY OF nkPP~h~hoe STATE OF Flo ida Before me this .~Qtl~ay of ~'phrua ry 20n 4 "personally appeared _ S31 7 y Wh i t• P known to me, who being duty sworn, did depose and say. that he is the _ V i r-o p c i d n t (office) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the s t m nt c nt i d herein are true, cort~ect and complete. '%1` ~ SHERYL L. WELLS ~ ~ My commission expires: ~ _ Nonry Pudic - Snte of Fbnda J ~A,t''~' Cornmssgn Expn3s Nov It;, 2009 Nota Public ~ comaessan K oo as~s06 ry TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application tvr payment by the Contractor has been reviewed by the Engineer. The Engineer hereby approves final payment under this application in the amount of 5 °?`f3~ 2S,1~ a-'~ less liquidated damages assessed by the Board, WITH ACTUAL PA1'1~lENTSUBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDAVIT. 5T. LUCIE COUNTY ENGINEERWG DEPARTMENT Date: APPROVED BYt Michael V. Powley, P.E. Donald H. West, P.E. County Engineer Public Works Director Contract Time Began: 5ubatantial Completion on: Actual Construction Time: Cat. Days Contract Construction Time: Cal. Days Checked By: Rainy Days Allowance: Cal. Days Other Overrun Allowances: Cal. Days Prepared By: Net Overrun: Cal. Days St. Lucie County Eng. Departm vc: Finance Officer Page 1 of 1 --u~~--~Y~~~~ -y =4~~-~~ DIVISION OF ENGINEERING MEMORANDUM 09-078 ~:~-+rr~ Ccty At#orncy DATE: March 16, 2009- . SUBJECT: Indian River Estates Storrmwater On November 27, 2007, the Board awarded n contract to Close Construction for the above referenced project. Pose approve the attached Release of Liens for correctness. If we can be of any assistance, please call Mike Harvey, Engineer Intern, at extension 1717. Bam Attachments (32) cc: Don West, Public Works Director Mike Harvey, Engineer Intern ZL 4 ! 1 r Page 1 of 1 , "ice r~, ITEM NO. VI-C4 ~ - ~ _ _ DATE: 6/2/2009 i • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:~~~ Donald Pauley SUBMITTED BY: Public Works -Road & Bridge Road & Bridge Manager SUBJECT: Invitation to bid for the purchase of asphalt materials. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101002-4110-553200-400 Road Materials/ Maintenance 101003-4108-553200-400 Road Materials/ Drainage 102001-3725-553200-300 Road Materials/ Stormwater PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to advertise an invitation to bid for the purchase of asphalt materials. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~~1 Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) ,f},,, OMB Director (X) ,,,n Budget Analyst ~ ~j,~f ~ / Daniel Mcln#yre ~ Marie Gouin TaVdonna Johnson Originating Dept. (X) Public Works (X ) Donald Pauley on West PUBLIC-I~iORRS ROAD AND BRIDGE _ • • ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Public Works Director FROM: Donald Pauley, Road 8 Bridge Manager DATE: June 2, 2009 SUBJECT: Invitation to bid for the purchase of asphalt materials. ITEM NO. VI-C4 Background: On May 23, 2009 our current contracts to purchase asphalt materials with Dickerson Florida, Inc and with Ranger Construction expired. There are no additional renewals available for these contracts. The Road 8~ Bridge Division uses these contracts to purchase asphalt materials to patch pot holes and complete other repairs for various road maintenance and construction projects throughout the unincorporated County. Some of these repairs are required to be completed in a very short amount of time to ensure the safety of our citizens. New contracts are needed to perform roadway maintenance. Previous Action N/A Recommendation Board authorization to advertise an invitation to bid for the purchase of asphalt materials. ITEM NO. VI-C5 ~ ~ - DATE: 6/2/2009 • • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald Pauley SUBMITTED BY: Public Works -Road & Bridge Road 8~ Bridge Manager SUBJECT: First Amendment to Contract with Stewart Mining. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101002-4110-553200-400 Road Materials/ Maintenance 101003-4108-553200-400 Road Materials/ Drainage 102001-3725-553200-300 Road Materials/ Stormwater PREVIOUS ACTION: April 1, 2008 -Board granted permission to advertise bid June 10, 2008 -Board awarded bid #08-038 to Stewart Mining Industries. RECOMMENDATION: Board approval of the First Amendment to Contract C08-06-263 with Stewart Mining exercising the first of two -one year renewal options and extending the term of the contract from July 1, 2009 through June 30, 2010. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~1 Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) i r Budget Analyst ~ Daniel McIntyre Marie Gouin Ta~{onna Johnson Originating Dept. (X) Public Works (X) Donald Pauley n West 1 = ~ PIIBLIC WORKS ROAD AND BRIDGE • ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Public Works Director 'V'' FROM: Donald Pauley, Road & Bridge Manager DATE: June 2, 2009 SUBJECT: First Amendment to contract with Stewart Mining. ITEM NO. VI-C5 Backctround: The Board approved to advertisement of bids on April 1, 2008 and awarded the contract to Stewart Mining Industries on June 10, 2008 (See attached A-1 8~ A-2). This contract (C08-06-263) is for the purchase of shell rock material and FDOT base approved coquina rock. The terms of the contract are for one year with two additional one-year renewal options with no price increases. The Road ~ Bridge Division uses these rock materials for various road maintenance and construction projects throughout the unincorporated County (Wash outs, drop offs, road base repairs, etc). Stewart Mining has agreed to honor the same unit prices (See attached A-3) and this contract expires on June 30th, 2009. Road 8~ Bridge Division is requesting to exercise the first one-year renewal option extending the contract terms from July 15t, 2009 to June 30th, 2010 with no price increases. Previous Action N/A Recommendation Board approval of the First Amendment to Contract C08-06-263 with Stewart Mining exercising the first of two -one year renewal options and extending the term of the contract from July 1, 2009 through June 30, 2010. 2 S ITEM N0. E4 J ¢ - DATE: 04/01/08 i • . AGENDA REQUEST REGULAR ( ) - - - - PUBLIC HEARING ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 1010034108553200400 -Road Materials/Drainage 1010024110553200400 -Road Materials/Maintenance 1020013725553200300 -Road Materials/Stormwater PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to advertise an Invitation to Bid for the purchase of shell rock material and FDOT base coquina rock on an "as needed" basis for various road maintenance and construction projects. COMMISSION ACTION: CONCURREN ~ APPROVED DENIED OTHER Approved 5-0 Doug as .Anderson County Administrator CoordinationlSictnatures County Attorney (X) Mgmt & Budget Purchasing (X) Road & Bridge (X) Other Finance (J for copy only if applicable) a~ ITEM NU. ~D3 _ DATE: 0610108 f ~ ~ tr ~ ~ t" :?fy, r:i. L~~L_' L,;~-~_ ~L`:~L' ~1 AGENDA REQUEST REGULAR ( ) • PUBLIC HEARING ( ) CONSENT ( X ) T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Award of Invitation to Bid (1TB) #08-038 for the purchase of shell rock material and FDOT base coquina rock to the lowest responsive; responsible bidder, Stewart Mining Industries per the attached unit price list. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 101003-4108-553200-400 Road Materials/Drainage 101002-4110-553200-400 Road Materials/Maintenance 102001-3725-553200-300 Road Materials/Stormwater PREVIOUS ACTION: Board permission to advertise this ITB, 4/1!08, Agenda Item E4. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #08-038 for the purchase of shell rock material and FDOT base coquina rock to the lowest responsive, responsible bidder, Stewart Mining Industries per the attached unit price list, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED OTHER - Douglas M. Anderson Approved 5-0 County Administrator Coordination/Signatures I ~ County Attorney (X) { ~ Mgmt & Budget (X) LJ Purchasing (X) ~ Road & Bridge (X) Other Finance (J ror copy or,iy ~r aPPi~cabie} A2 MRy-1Q-2009(THU) 07:22 P. 002/002 INING N D. U S T R I E S P.O. Box x332 Ft. Pierce, Florida 3a9a6 Phone:172-464-4499 Fax; 772-464-3634 www.stewartmi ning.com Ntay 13, 2009 St. Lucie County Board of County Comm. 2300 Virginia Avenue ht. Picrcc, FL 34982-5652 RE: Bid No. 03-038 llcar Sirs: This is to advise you that Stewart Minin6 Jnd., Inc., wishes to extend die Contract under Bid 08-038 for an additional year as allowed in ParagtapVi 7, Page 3 of tl~e current Contract dated Junc l 0, 2008. This contract is for the purchase of shell rock and FDOT base coquina rock on an "as needed" ba,~is. Stewart Mining 1nd., Inc., agrees to hold the price listed in the current contract of $10.90 per ton for the FDOT Base Coquina Rock and $4.50 per ton :For the Shell Rock. The first extension of the ctu-rent conmuct will begin Junc 30, 2009, and expire June 30, 2010. Sincerely, S"TL-'WART M]N1NG 1ND.,1NC. Nick Stewart, Pre`ident A3 t a C08-06-236 FIRST AMENDMENT TO THE CONTRACT BETWEEN ST LUCIE COUNTY AND STEWART MINING INDUSTRIES, INC. THIS FIRST AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and STEWART MINING INDUSTRIES, INC., or its successors, executors, administrators, and assigns ("Contractor"). WHEREAS, on June 10, 2008, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for the purchase of shell rock material and FDOT base coquina rock on an as needed basis; and, WHEREAS, the County desires to amend the contract to exercise the first one- year renewal option to extend the term of the Contract through and including June 30, 2010. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. TERM shall be amended to read as follows: 7. TERM The term of this contract shall be for a period of two years and begin on July 1, 2008. Upon written agreement, the Contract may be extended for one (1) additional one-year period upon the same terms and conditions. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR 1 C08-06-236 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: STEWART MINING INDUSTRIES, INC. By: Print Name: Title: 6 2 _ ITEM NO. VI-C6 DATE: 6/2/2009 w • , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West ~ - SUBMITTED BY: Public Works -Administration Public Works Di ctor~ SUBJECT: Weatherbee Road Sidewalk Design Budget Resolution BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101113-4115-563000-4165 Infrastructure PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of Budget Resolution No. 09-170 and authorization for the Chair to sign documents as approved by County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) ~ OMB Director (X) Budget Analyst ~ ~ Dan McIntyre ~ ~(vlarie Gouin - Originating Dept. (X) ERD ( ) Don Id B. West Karen Smith Public Works Administration i ~ ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director ~ . DATE: June 2, 2009 SUBJECT: Weatherbee Road Sidewalk Design Budget Resolution ITEM NO. VI-C6 Background: In April 2007, the St. Lucie County Board of County Commissioners approved submission of its first grant application to the Florida Department of Transportation's Safe Routes to School Program. A grant was awarded in August 2007, allocating $153,000 in design funding for 2008 - 2009 and $1,104,422 for construction funding in 2010 - 2011. Total project cost is estimated at $2,100,000. Previous Action April 3, 2007: Board approval to submit grant application to FDDT -Safe Routes to School Program. May 13, 2008: Board approval to change the funding schedule from FY 09/10 to FY 10/11 for optimal use of grant funding. March 3, 2009: Board approval of Local Agency Program (LAP) Agreement #423197-1-38-01 in the amount of $153,000 for the design of Weatherbee Road Sidewalk. Recommendation Board acceptance of Budget Resolution No. 09-170 and authorization for the Chair to sign documents as approved by County Attorney. RESOLUTION NO. 09-170 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Local Agency Program Agreement with the Florida Department of Transportation, funded by the Federal Highway Administration for the design of sidewalk on Weatherbee Road in the amount of $153,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of June, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 101113-4115-331130-4165 Federal Highway Administration $153,000 APPROPRIATIONS 101113-4115-563000-4165 Infrastructure $153,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF JUNE, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY . ITEM NO. VI-C7 _ ~ ~ ~ - DATE: 6/2/2009 • ~ ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works -Administration Public Works Directo SUBJECT: Walton Road Widening Budget Resolution BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 1 01 1 1 2-41 1 5-563000-41 65 Infrastructure PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of Budget Resolution No. 09-171 and authorization for the Chair to sign documents as approved by County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ` Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) • 4; Budget Analyst ~ Dan McIntyre rie Gouin Originating Dept. (X) t • ERD ( ) Don d B. West Karen Smith Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: June 2, 2009 SUBJECT: Walton Road Widening Budget Resolution ITEM NO. VI-C7 Background: The Walton Road Widening project is being constructed in cooperation with the City of Port St. Lucie and consists of the widening of Walton Road from two lanes to four lanes from Village Green Drive to Lennard Road. The project includes signalization, pedestrian and bike features, landscaping and lighting. This project is funded through a Local Agency Program (LAP) Agreement with FDOT and County funds. The total project cost is estimated at $8.3 milEion. Previous Action February 17, 2009 -Board approval of Interlocal Agreement with City of Port St. Lucie related to Walton Road Improvements. April 21, 2009 -Board approval of Local Agency Program (LAP) Agreement with FDOT in the amount of $3,574,360 for widening and enhancement of Walton Road -Village Green Drive to Lennard Road Recommendation Board acceptance of Budget Resolution No. 09-171 and authorization for the Chair to sign documents as approved by County Attorney. i RESOLUTION NO. 09-171 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Local Agency Program Agreement with the Florida Department of Transportation, funded by the Federal Highway Administration for Walton Road Widening from Village Green Drive to Lennard Road in the amount of $3,280,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of June, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 101112-4115-331130-4165 Federal Highway Administration $3,280,000 APPROPRIATIONS 101112-4115-563000-4165 Infrastructure $3,280,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF JUNE, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-C8 r ~ ; _~y DATE: 6/2/2009 s ~ r AGENDA REQUEST REGULAR ( ) , PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works -Administration Public Works Directo SUBJECT: Taylor Creek Restoration -Spoil Site Design and Permitting BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140353-4315-534000-46501 Taylor Creek Restoration Spoil Site Evaluation PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of Budget Resolution No. 09-169 and authorization for the Chair to sign documents as approved by County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinationlSignatures County Attorney (X) OMB Director (X ) /1~ Budget Analyst Dan McIntyre rr~-- ie Gouin ~Ct~~ Originating Dept. (X) ~ ERD ( ) Do Id B. West Karen Smith Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director V~' DATE: June 2, 2009 SUBJECT: Taylor Creek Restoration -Spoil Site Design and Permitting ITEM NO. VI-C8 Background: In 1998, the County initiated the Taylor Creek Dredging and Restoration Project, to remove the muck sediments from Taylor Creek. Removal of muck sediments from the tributaries to the Indian River Lagoon is a goal of the IRL National Estuary Program. In 1999, the County initiated a spoil site study, to select a location for the Taylor Creek Project. A total of 13 sites were evaluated for feasibility as potential dredge spoil disposal sites. The Port Property was determined to be the best location for a temporary spoil site, due to the fact that it was previously built out of dredged fill material. In September of 2003, Mr. Lloyd Bell granted the use of his Port Property as a temporary spoil site. In April 2004, the County commenced construction of Phase 1 of the Taylor Creek Dredging Project. A 16 acre spoil disposal site was constructed for handling the muck sediments. The Project was completed in June of 2005, and the spoil site was removed from Mr. Bell's property in April 2007. The Phase 1 Project resulted in the removal and disposal of 94,767 cubic yards of muck sediments. Phase 2 involves the dredging of Taylor Creek in the upstream reach between the railroad and the C25 spillway structure. This phase will require dredging of an additional 100,000 cubic yards of muck sediments. The attached Supplemental Joint Participation Agreement with Florida Department of Transportation will provide additional funding for the design and permitting of a new Spoil Site on the Ridgehaven Property at the St. Lucie County Airport. Previous Action March 16, 2004: Award of Construction Contract for Phase I Dredging of Taylor Creek in the amount of $2,485,820. October 24, 2006: BOCC action to relocate the spoil site on Mr. Bell's Port Property. March 27, 2007: Award of Construction Budget in the amount of $185,406.00 for removal of spoil site. April 27, 2007: Award of Management Services of Spoil site removal at the Port of Fort Pierce with Dredging and Marine Consultants, LLC. August 14, 2007: Approval of WA # 5 with Dredging and Marine Consultants, LLC in the amount of $9,500.00 for Engineering Services for Taylor Creek Dredging February 12, 2008: Approval of JPA with FDOT and Florida Ports Council (FSTED) for Taylor Creek Restoration -Spoil Site Evaluation & Design Project and Resolution #08-050. FSTED's contribution is in the amount of $90,000 (75%) towards an estimated total project cost of $120,000. April 14, 2009: Board approval of Supplemental Agreement No. 1 to Joint Participation Agreement (424248-1-94-01) with Florida Department of Transportation and Florida Ports Council (FSTED) for Taylor Creek Restoration -Spoil Site Evaluation & Design Project Recommendation Board acceptance of Budget Resolution No. 09-169 and authorization for the Chair to sign documents as approved by County Attorney. RESOLUTION NO. 09-169 , WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Supplemental Joint Participation Agreement, in the amount of $137,000, as funding for the Design and Permitting phase of the Taylor Creek Restoration New Spoil Site. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 6th day of June, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 140353-4315-334411-46501 FDOT-Transportation $137,000 APPROPRIATIONS 140353-4315-534000-46501 Other Contractual Services $137,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 6TH DAY OF JUNE, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ ITEM NO. VI-C 9 ~ _ - - DATE: 6/2/2009 • . . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West ~ , SUBMITTED BY: Public Works Administration Public Works Director SUBJECT: Award contract to Close Construction, Inc. for Indian River Estates Alum Facility BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102109-3725-563000-425056 DEP grant - Indian River Estates Stormwater Improvements -Stormwater Management. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to award contract to Close Construction, Inc. in the amount of $106,884 for Indian River Estates Alum Facility, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~--1 Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures t County Attorney ( ) ~ ~ ' OMB Director ( ) Budget Analyst _ Daniel McIntyre ~ M rie Gouin Tawonna Johnson Originating Dept. ( ) ~ - ERD ( ) Don Id B. West Karen Smith - Public Works Administration S - J _ • MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: 6/2/2009 SUBJECT: Award contract to Close Construction, Inc. for Indian River Estates Alum Facility ITEM NO. VI-C 9 Background The Indian River Estates pump station and detention ponds were completed in December, 2008. This project involves the installation of chemical metering pumps and a 5,000 gallon above ground storage tank. Previous Action January 27, 2004 - BOCC approved an amendment to the EPA Section 319 grant agreement to include additional appropriations; $1 Million from the St. Lucie River Issues Team and $1 Million from the State Legislature. April 4, 2006 - BOCC approved Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update in the amount of $87,810. March 13, 2007 -Board approved Amendment No. 1 to Work Authorization No. 25 for additional geotechnical services in the amount of $2,519. November 27, 2007 - BOCC approved to award the construction contract to Close Construction, Inc. in the amount of $4,471,114. December 18, 2007 - BOCC approved Amendment No. 2 to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design in the amount of $13,100. Recommendation Board approval to award contract to Close Construction, Inc. in the amount of $106,884 for Indian River Estates Alum Facility, and authorization for the Chair to sign documents as approved by the County Attorney. ~ Attachment "A" Jason Bessey From: Sheryl Wells [sheryl@closeconstructioninc.com] Sent: Wednesday, May 20, 2009 1:08 PM To: Jason Bessey Cc: 'Danny' Subject: Indian River Estates Alum Facility Bid #09-036 Attachments: doc20090520132834. pdf Jason: Please accept this email as verification that our Bid price should have been $106,884.00 in lieu of the $111,522. indicated on the unit price schedule. Attached is a corrected and initialed bid unit price schedule for your records. I sincerely apologize for the error and any inconvenience it may have caused you. Thank you. Sheryl Wells Close Construction, Inc. 301 N.W. 4th Avenue Okeechobee, FL 34972 (863) 467-0831 phone (863) 763-6337 fnx i w Attachment "B" ~ Section 0300 -Bid Farm (Continued) Close Const~•uction, Inc. BID UNIT PEKE SCHEDULE BID #09-036 INDL4N RNER ESTATES PUMP STATION ALUM FACILITY ITEM DESCRIPTION EST. t7NIT UNIT AMO.Uh~r NO. QUAN RICE Mobilization! 1 Demobilization 1 LS $ 11,905.00 $ 11,905.00 Turbidity Barriers & ~ Erosion Control I LS $ 5.00 $ 5.00 3 Clearing d'i Grubbing i LS $ 2,576.00 $ 2,576.00 4 Excavation 1 LS $ 1,431.00 ~ 1,431.00 S Concrete Work I LS $ 7,840.00 ~ $ 7,840.00 6 Pumping Equipment 1 LS $____5__1_,077.00 $ 51,077.00 Skids (2) Subtotal $ 7,2F9.f10 Pumps E4) Subtotal $ 11,447.00 Mntors (4) Subtotal $ 19,655.00 Plumhing/Miscellaneous Subtotal $ 12,706.00 7 Chemical Storage Tank I LS $ 28 900.00 $ 28,900.00 S Site Restoration I LS $ 1.750.00 $ 1.750.00 9 Record Drawings 1 LS $ 1,400.00 $ 1,400.00 BASE BID TOTAL ESTIMATED AMOUNT $ 1 _~.00 ~t C71o?g$ . oc Based on Bid Unit Prices & Estimated Quantities St. Lucie County Project #09-15 Engineering Division 00300 - 2 ~ f 885888888 8 v 10 u m o°J N rn `O n rn m c°iv o_ c o 'c N ~ aD N cO v m N n m ~ a N I w o co n r`i w r c v3 c0 ch w c+> `O ri .y w .n ~ U 555558888 °°8o°8o8S s ~ a ° o 0 o g o 0 0 0 n ~ ~ .n a m o c~i w r N w w w in 888858888 8 U _ v JD O O~ N N OOi O O 1~1 ~ N U n N N ~ (~I N O Q O t'J O ~ w O H LL Vf ~ w ~ lp r w JA W - w 69 w w U ~ J N 0 585S88S85 U _ o p 0p p 0p 0 o rn o 0 G 0~j ~ Y V r N N ~ $'S CJ Q V O _ ~ fl VJ w ~ D) O n n N N N Jn ~ co r Jn Jn sv w w Ja 8 8 8 8 8 8 8 8 8 5 °5~8~8ge A ~ m rn m N v m N o m ~ r a ~ w w w w~ v~ Nw o es w w Jn d _ ~ Z o O O O O O O O O ~ 0 0 0 0 0 0 0 0 0 y 0 0 cY1 N O O ooO p O O J V (ND m~ N Q O~J N S (Q~1 ~ ~ a ~ w w N OJ t0 N O N Vi w C7 O JA w w w rw 888588888 5 m m N N ~n ~ N o ~ a` n ~ v w n m Q Q ~ Q b w w N M w w rv ur w Jn w w ev O U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W c0 O O N N O N O O ui a n ~ v r ri v v w w w N M w fA w w w 558888888 5 m U N O O O O N n 0 0 OOi N n N O l~1 N O] n y H a O w f7 N n n V w N y ~ w w w m n w m - w w w m w' v 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 ~ y vi 0 0 0 0 of co 0 0 C V N O O O O N n O O v N ~ Jh n N o <n ~o Q~ a tea` ~wM~nnMCw w w w~ n w w w w U 0 0 0 0 0 0 0 0 0 O C _ O l0 0 0 0 0 0 0 0 0 0 O G V O O O O N O N O N O 5 r- a o m vi n o vi ~ m m ~ w w «n ~ vii e°s t» o0 co ~ 5 °o °0 8 5 °0 5 0° °o 8858~g,S8~ v _ ~ ~ o p = a ° °'v w w° Jan v o w J W w w w w LL 858888888 8 ° ° g 8 g °o g o u ~ °o_ o~ °0 0 0 0 0 _ r- a n ~ .n a o cv w w w w w n N ~ w c~~'J ui w w w u w c ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ g~~~o ooo~ ~ a` ~ ~ ~ ui v cJ7 o cv w w w w w n N ~ w w w w 0 0 0 0 0 0 0 0 0 0 0 0 0 c 0~pp 0 0 0 0 0 0 JS u O d O <p c`n1 N 0~1 U .N- r O n O O n W m N ~ N ~ a` ~ w m m` ~ w e. mw w r c°o w v ~ Js w w N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C V _ _ O y~ ~ O_ O r~~ N N~ (p Oi N M c ~ w en en w e» n m w w e» w 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O pp p 'Q p ~ U O1 w N Q W 0 OOi n p m p m F d r ~J ~ n OD r Jp ~ w w~ N~ w w O 1~/J tfi O 588855888 o~`°M°"g~8 _U OJ N O W O m n Q 7 d N f_ CO w b"s bi N N b's U3 w w w N~ ~ ~ ~ ~ ~ ~ ~ ~ C J~ J J' J~ J~ J O C U o c N NO y C n ~ " w ~ c ~ G :m~J E ro ~ E ~ a . ~ . c m c7 ° 'v r° ie 3 o ~ w ~ c N m rn a° W rn N N p p _i m o ti~ c m v .c ° m~ U c ~ _ > _ a a `Ja ~ n ~ ~ Je ~~!A a a' ~ H U W U Q U V1 ~ C ~n ~ ~ d E v E ~ m ~ h c7 v N tv 1~ (O S y m m v p ~ o ~ o d m U ~UalllllJ2~~~J tl~%x~ it , BOARD OF `i, r~ III.` ~~r,r~rb~.~, ~s~ ~~~r,:~ Attachment ~r~~r COUNTY * PURCHASING COMMISSIONERS . ~ DEPARTMENT TABULATION SHEET -BID #09-036 INDIAN RIVER ESTATES PUMP STATION ALUM FACILITY OPENED: MAY 19, 2009 AT 2:00 PM NINE (9) submittals were received for subject proposal: Total Bid Price Close Construction, Inc 301 NW 4th Ave., Okeechobee, FL 34972 $111,522.00 Tel: 863-467-0831 Fax: 863-763-6337 Summit Construction 2837 Flight Safety Dr., Vero Beach, FL 32960 Tel: 772-794-2099 $124,163.00 Fax: 772-794-2097 Rob Francis Inc. 5551 Center St., Jupiter FL 33458 Tel: 561-575-4811 $129, 500.00 Fax: 561-741-7765 Ahrens Companies 1461 Kinetic Rd., Lake Park, FL 33403 Tel: 561-863-9004 $137,105.00 Fax: 561-863-9007 Odvssev Manufacturing, Co 1484 Massaro Blvd., Tampa, FL 33619 Tel: 813-635-0339 $143,275.00 Fax: 813-630-2589 TLC Diversified Inc. 2719 171 St., E, Palmetto, FL 34221 Tel: 941-722-0621 $148, 998.00 Fax: 941-722-1382 Florida Design Contractors, Inc 1326 South Killian Drive, Lake Park, FL 33403 Tel: 561-845-1233 $181,000.00 Fax: 561-848-5992 H 8~ D Construction CO. Inc. 1404 S 28t Street, Ft. Pierce, FL 34947 $189,339.00 Tel: 772-429-1620 Fax: 772-429-1628 Aerex Industries Inc. 3504 Industrial 27t Street, Ft. Pierce, FL 34946 $195,796.00 Tel: 772-461-0004 Fax: 772-467-2608 * Math Error Number of companies notified*: 407 Number of bid documents distributed*: 42 Number of bids received: g *per demandstar.com CHRIS DZADOVSKY, District No 1 ~ DOUG COWARD, District No 2 ~ PAULA A LEWIS, District No 3 ~ CHARLES GRANDE, District No. 4 ~ CHRIS CRAFT, District No S County Administrator - FAYE W. OUTLAW, MPA 2300 Virginia Avenue - Forf Pierce, FL 34982-5652 -Phone (772) 462-1700 - TDD (772) 462-1428 website www co st-Iucie Fl.us ITEM NO. VI-D . f - _ ~ DATE: 06/02/09 ~ AGENDA REQUEST REGULAR ( ) • ~ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lew~~_ SUBMITTED BY: Airport Airport Director SUBJECT: Request for Proposal (RFP) to lease Airport West Commerce Park Phase I BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 9, 2007 -RFP 07-061, one proposal received but not responsive October 31, 2007 -RFP 07-105, no proposals received March 19, 2008 -RFP 08-021, no proposals received RECOMMENDATION: Board approval to issue a Request for Proposal (RFP) to lease Airport West Commerce Park Phase I at the St. Lucie County International Airport. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ~ ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Si~tnatures County Attorney ( ) OMB Director ( ) Budget Analyst ther Young Marie Gouin Purchasing ( ) ERD ( ) Desiree Cimino Airport _ • MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Dire DATE: June 2, 2009 SUBJECT: Request for Proposal (RFP) to lease Airport West Commerce Park Phase I ITEM NO. VI-D Background: Located off Kings Highway and approximately a half mile north of St. Lucie Boulevard, the first phase of the Airport West Commerce Park includes six vacant parcels ranging from five to 20 acres in size. The infrastructure project for this industrial park was completed in 2007 and three previous attempts have been made to lease the properties. No responsive proposals were received. With the sanitary sewer project underway and the Economic Development Council assisting with recruitment, staff would like to issue an RFP to lease any or all of the six available lots. A recent appraisal has also been completed. This request is to approve advertising and issuing the RFP to lease the Airport West Commerce Park Phase 1 lots. Recommendation Board approval to issue a Request for Proposal (RFP) to lease Airport West Commerce Park Phase I at the St. Lucie County International Airport. ITEM NO. VI-E ~ ~1 - DATE: 06/02/09 • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Manger SUBJECT: Grant Amendment with Mustard Seed Ministries of Fort Pierce, fnc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189201-6420-549605-600 Hurricane Housing Recovery PREVIOUS ACTION: N/A RECOMMENDATION: Board acceptance of the First Amendment to Grant Agreement C09-09-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorization for the Chair to sign the agreement as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~-~1 Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) .Z s-,~, Budget Analyst (Davie S. McIntyre) (Marie ouin K ~tit~ ~ (Sophia Holt) Originating Dept. ( ) ERD ( ) (Beth Ryder) Community Services ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~~ FROM: Jessica Parrish, Housing Manager DATE: 06/02/09 SUBJECT: Grant Amendment with Mustard Seed Ministries of Fort Pierce, Inc. ITEM NO. VI-E Background: On March 16, 2009, St. Lucie County entered into an agreement with Mustard Seed Ministries of Fort Pierce, Inc. in the amount of $20,000.00 in order to assist income eligible residents with rent. This grant assists income eligible residents of St. Lucie County with up to $5,000 per applicant. St. Lucie County and Mustard Seed Ministries would like to increase the grant to $70,000 and expand services to include rent and foreclosure prevention in order to assist a greater number of eligible residents in St. Lucie County. Recommendation Board acceptance of the First Amendment to Grant Agreement C09-03-080 between St. Lucie County and Mustard Seed Ministries of Fort Pierce, Inc. and authorization for the Chair to sign the agreement as approved by the County Attorney. FIRST AMENDMENT TO MARCH 16, 2009 GRANT AGREEMENT (C09-03-080) THIS FIRST AMENDMENT is dated this day of May 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County," and MUSTARD SEED MINISTRIES OF FORT PIERCE, INC., or its successors, executors, administrators, and assigns, hereinafter referred to as the "Recipient." WHEREAS, on March 16, 2009, the parties entered into a Grant Agreement to assist income eligible residents of St. Lucie County with rent, hereinafter referred to as the "Grant Agreement"; and, WHEREAS, the parties desire to amend the Grant Agreement to increase the amount of the grant and to allow a foreclosure prevention strategy in order to assist a greater number of eligible residents. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the March 16, 2009 Grant Agreement as follows: 1. Paragraph 1 is hereby amended to read as follows: 1. The County shall disperse to the Recipient a grant in the total amount of Seventy Thousand and 00/100 dollars ($70,000.00) of which fifteen (15%) may be used for administration. 2. Paragraph 2 is hereby amended to read as follows: 2. The grant shall be used to assist income eligible residents of St. Lucie County with rental assistance and foreclosure prevention assistance up to $5,000 per applicant. Applications as provided by Community Services must be completed for each client. Income eligibility shall be based upon an annual gross household income as noted in the Hurricane Housing Recovery Program. Original applications completed for each quarter will be included with the annual reports, which shall be due on or before July 15, 2009. 3. Except as amended herein, the remaining terms and conditions of the March 16, 2009 Grant Agreement shall remain in full force and effect IN WITNESS WHEREOF, the County has hereunto subscribed and the Recipient has affixed his, its, or their name, and seal the date aforesaid. w ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MUSTARD SEED MINISTRIES OF FORT PIERCE, INC. BY: NAME: TITLE: - ~ -r-~.--. F~ -,r<T" ITEM NO. VI-F - ~ ~ - - DATE: 6/2/09 ~ - , _ ~ AGENDA REQUEST REGULAR ( ) r - PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin iM SUBMITTED BY: Office of Management & Budget/Purchasing OMB Director SUBJECT: Research & Education Park: Phase 1 Funding BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-3920-563000-3909 Native Tree Buffer Zone 316-1930-599330-2619 Rock Road Jail/Medical Wing Expansion -Reserves 316-1930-562000-2619 Rock Road Jail/Medical Wing Expansion -Buildings 101006-4116-563000-1905 Road Impact Fees -Zone 1 PREVIOUS ACTION: N/A RECOMMENDATON: Board approval of budget amendment No. BA09-019 and authorization on behalf of Treasure Coast Education, Research and Development Authority (TCERDA) to advertise a Request for Qualifications (RFQ) for design services related to the construction of backbone infrastructure at the Research Park as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator ~y, _ Coordination/Signatures County Attorney (X) I~ Budget Analyst qO , Dan McIntyre ~ Jennifer Hill Originating Dept. ( ) Other ( ) Office of Management - & Budget/Purchasing • MEMORANDUM TO: Board of County Commissioners FROM: Faye W. Outlaw, County Administrat Marie M. Gouin, OMB Director DATE: June 2, 2009 SUBJECT: Research & Education Park: Phase 1 Funding ITEM NO. VI-F Background: At the May 7, 2009 joint meeting of the Board of County Commissioners (BOCC) and Treasure Coast Education, Research and Development Authority (TCERDA), staff was given direction to move forward on the development of the Research and Education Park using funds from the following sources: Rock Road Jail/Medical Wing Expansion -Project Reserve $2,285,866 Rock Road Jail/Medical Wing Expansion -Buildings $ 914,134 Native Tree Buffer Zone'` $ 240,000 Road Impact Fees -Zone 1 * $ 220,000 Total $3,660,000 *Use of these funds is restricted; see explanation below. The first step in construction of the infrastructure for the Research Park is conducting a number of studies of the site. It is anticipated that these studies will be less than $25,000 each and done under contract with a variety of local professional firms. Per TCERDA's Executive Director of the Research and Education Park the specific studies to be conducted include: 1. Programming and Site Feasibility Study to establish a building program for each of the two buildings that are proposed to occupy the initial site; 2. Roadway Corridor Alternative Study for engineering services to evaluate and study the alternative infrastructure components associated with the TCERDA Core Research Campus; 3. stormwater Management Study to perform a preliminary drainage study to determine the stormwater best management practices that will satisfy the stormwater requirements; 4. Environmental Assessment Studies to evaluate potential environmental issues and determine strategies to achieve permit-ready status for future construction/building projects located on the subject property for afive-year period; 5. Wetland Jurisdictional Determination on the 162 acre site; and 6. Preliminary Wildlife Assessment to provide an assessment of potential protected species concerns and requirements on the project. As the specific studies listed above proceed, TCERDA will be issuing a Request for Qualifications (RFQ) for design services related to construction of the backbone infrastructure development. TCERDA is unable to utilize the County's continuing contracts for these services because the estimated construction cost of the infrastructure will exceed $1 million. Design and/or construction of any projects which will exceed this threshold must be specifically identified in the continuing contract documents. The Research Park development projects were not identified in the current continuing contracts which were put in place in FY 06-07. For the future, TCERDA has requested that they be able to secure their own continuing contracts. County staff is investigation the request to determine the feasibility of this proposal. It is important to note that the use of funds being transferred to TCERDA from two accounts is restricted. Funding from the Native Tree Buffer Zone ($240,000) can only be used for the purchase and/or installation of native trees at the Research Park. Likewise, funding from road impact fees ($220,000) can only be utilized for capital improvements consistent with the County's road impact fee ordinance. Finally, the Board directed staff to look into borrowing money to be paid back from the funds generated by the Florida Gaming Centers, Inc. Staff is conducting due diligence on this item and will include a discussion on the agenda for the June 4~h Informal Meeting. Recommendation Board approval of budget amendment No. BA09-019 and authorization on behalf of Treasure Coast Education, Research and Development Authority (TCERDA) to advertise a Request for Qualifications (RFQ) for design services related to the construction of backbone infrastructure at the Research Park. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: TC Education, Research 8~ Development PREPARED DATE: 5/7/2009 AGENDA DATE: 6/2/2009 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-3716-563000-3912 Infrastructure $240,000 316-3716-563000-3912 Infrastructure $3,200,000 101006-3716-563000-3912 Infrastructure $220,000 Total $3,660,000 FROM: 001-3920-563000-3909* Infrastructure $240,000 316-1930-599330-2619** Project Reserves $2,285,866 316-1930-562000-2619** Buildings $914,134 101006-4116-563000-1905*** Infrastructure $220,000 Total $3,660,000 REASON FOR BUDGET AMENDMENT: To transfer funds to the Reseach & Education Park * Native Tree Buffer Zone Rock Road Jail/Medical Wing Expansion Road Impact Fees -Zone 1 CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT BA09-019 DOCUMENT # 8~ INPUT BY: AGENDA REQUEST ITEM NO. VII-A DATE: June 2, 2009 ~ ~b REGULAR PUBLIC HEARING [XXJ CONSENT [J TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution No. 09-164 -Angle Road Sidewalks Project - St. Lucie County Economic Stimulus Project BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of proposed Resolution No. 09- 164. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney Management & Budget Purchasing: Daniel 5. McIntyre Marie Gouin Originating Dept. Public Works Dir: County Eng.: Don West Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 - ~ _ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA 4 ~ TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-0544 DATE: June 2, 2009 SUBJECT: Resolution No. 09-164 -Angle Road Sidewalks Pro jest - St. Lucie County Economic Stimulus Project BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09-119 which provided for a list of local economic stimulus projects. The list includes the Angle Rond Sidewalks project. Attached to this memorandum is a copy of draft Resolution No. 09-164 which, if adopted, would authorize the Angle Rond Sidewalks project as n local economic stimulus project. The Resolution would also authorize the County Engineer to advertise for competitive sealed bids for the project. The estimated number of jobs created by the project is approximately 13. RECOMMENDATION/CONCLUSION Staff recommends approval of Resolution No. 09-164. Respectfully submitted, ~ Heather Sperraz ue Assistant County Attorney Attachment RESOLUTION NO. 09-164 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZEN'S OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW SEALED COMPETITIVE BIDDING ON ANGLE ROAD SIDEWALKS PROJECT AS A LOCAL ECONOMIC STIMULUS PROJECT IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that n state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of local economic stimulus projects. The list includes the Angle Road Sidewalks project. 3. The estimated cost of the Angle Road Sidewalks project is $1,000,000.00. 4. The estimated number of jobs created by the Angle Road Sidewalks project is approximately 13. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase 75% of the materials from local vendors. 6. Based on the above, the Board has determined that the Angle Road Sidewalks project will provide a significant local economic stimulus. 7. The contract will be awarded through competitive sealed bidding from licensed, responsible contractors. 8. On June 2, 2009, the Board held a public hearing to consider whether to authorize for bids for Angle Road Sidewalks project as a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune on May 19, 2009. 9. It is in the best interests of the citizens of St. Lucie County, Florida, to 5: \ATTY\RESOLTN\2009\09-164.wpd award the Angle Road Sidewalks project to an appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance No. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the Angle Rond Sidewalks project shall be advertised as a local economic stimulus project. The selected contractor shall comply with the criteria as set out in Ordinance No. 09-008. B. The County Engineer is authorized to advertise for competitive sealed bids for the project. C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was ns follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 2nd day of June, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney 5: \ATTY\RESOLTN\2009\09-164.wpd Environmental Resources Department Agenda Item Companion Report Sunset Beach PUD ~ ~ ~ Environmental Resources Department • Agenda Item Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Jennifer Evans, Environmental Resources Department DATE: June 1, 2009 SUBJECT: Sunset Beach PUD ITEM NO. VII-B Department Coordination Environmental Resources Department (ERD) worked closely with the Growth Management Department, as well as other members of the Development Review Committee, regarding this application. ERD Input ERD has provided information and conditions of approval in the attached staff report and resolution. Recommendations ERD recommends the Board of County Commissioners grant approval of the waiver from the Comprehensive Plan Policies 8.1.14.2 and 8.1.14.5 for impacts to the Category I wetland and associated upland buffer. This waiver will allow for primary access to the subject parcel and will create a direct impact to 0.67 acres of the Category I wetland. If the BOCC should grant the required wetland waiver, ERD supports Growth Management's recommendation of approval with conditions as outlined in the resolution. Signature 1 Growth Management Department a MEMORANDUM TO: Board of County Commissioners THROUGH. ~ S ~ , A Gro Mana ment Assistant Director FROM: Kristin Tetswor~~ Planning Manager DATE: June 2, 2009 SUBJECT: Resolution No. 09-026, granting a waiver and Preliminary PUD Site Plan approval for Sunset Beach PUD. DISTRICT: BOCC Commission District: #5 Commissioner Chris Craft ITEM NO.: VII-B Supplemental Memo On May 27, 2009 Ms. Patricia Pacitti, President of the Presidents' Council of South Hutchinson Island made a presentation to staff regarding the South St. Lucie County Beach Project. The purpose of the meeting was to garner support for the beach nourishment project and the efforts being made with the Army Corps of Engineers to re-designate lands currently classified as within the CBRA Zone. Richard Bouchard and Jim David were also in attendance and provided further background and insight to the SLC Beach Project. A summary of the progress made with the Army Corps of Engineers revealed that they are in the process of completing the required review at this time, and a pending determination is forthcoming. The Presidents' Council of South Hutchinson Island also requested that a disclosure statement be included in all sales brochures and POA documents disclosing the current FEMA designation due to the possible impact on the ability of future residents to obtain flood insurance backed by the federal government. The applicant has agreed to the proposed change to the condition of approval. Therefore, staff recommends that Condition Number 8 of Resolution 09-026 be modified as follows: 8. Prior to recordation of the Final plat, all property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall include the following: a. Formation of a single "master" property owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas; b. All recreation parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POA/HOA, the recreation parcel shall be turned over to the association at no cost to the residents; a~ c. The property shall not be subject to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the Final plat for any portion of the planned development.-; and. d. All sales brochures. sales contracts, and POA/HOA documents shall contain written disclosures of the current FEMA designation at the time of the sale for insurance purposes. Recommendation: Board adoption of draft Resolution No. 09-026, granting approvals as outlined in the agenda memorandum for Sunset Beach-PUD and further modified above. ITEM NO. VII-B ~ ~ - _ DATE: 06/02/09 • , , - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (x ) LEG. ( ) QUASI-JD (x ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Kristin Tetsworth SUBMITTED BY: Growth Management Department Planning Manag r SUBJECT: Resolution No. 09-026, granting a waiver and Preliminary PUD Site Plan approval for Sunset Beach PUD. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None by the BOCC. RECOMMENDATION: Board adoption of draft Resolution No. 09-026, granting approvals as outlined in the agenda memorandum for Sunset Beach-PUD. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Approved 5-0 Motion to approve with conditions set out by staff an as amended to include the additional conditions that were discussed by both the Board, staff and applicant. ~ Coordination/Sistnatures County Attorney ( ) ~ ~ County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer ( ) X ,~y ERD ( ) ~r 'r1 1icha I Powley Karen Smith Originating Dept. ( ) Mark S t lee Growth Management Department :S • . ~ - MEMORANDUM TO: Board of County Commissioners THROUGH: Robin Meyer, AI Growth Manageme t ssist~ t Director FROM: Kristin Tetsworth~l~ Planning Manager DATE: June 2, 2009 SUBJECT: Resolution No. 09-026, granting a waiver and Preliminary PUD Site Plan approval for Sunset Beach PUD. DISTRICT: BOCC Commission District: #5 Commissioner Chris Craft ITEM NO.: VII-B Background: Draft Resolution 09-026, if adopted, grants the Petitioner, Sunset Beach Investments, LLC, a Georgia Limited Liability Company, a waiver from Comp Plan Policies 8.1.14.2 and 8.1.14.5 and Preliminary Planned Unit Development Site Plan approval for the project to be known as Sunset Beach PUD. The petition includes a request for an Amendment to the Official Zoning Atlas to change the Zoning from the HIRD-(Hutchinson Island Residential) Zoning District to the PUD (Planned Unit Development -Sunset Beach) Zoning District; however, that will not be effective until such time as the property owner petitions for Final Planned Unit Development Site Plan approval. The application was originally submitted on June 2, 2006. Staff has worked together with the applicant to achieve avoidance and mitigation of any negative impacts to the wetlands to the greatest extent possible. The site plan was originally designed for 70 lots configured in two rows. The site plan was then modified to reduce the proposed number of units to accommodate 54 lots that were 50 feet wide. Finally, the site plan was revised to provide for 44 lots that are now 40 feet wide in one row. Pursuant to Section 7.01.03.C, the Land Development Code allows for the area, yard, and height requirements to be determined at the time of Preliminary and Final Development Plan approval. The area of each lot is proposed as follows: Lot Area: 5,000 sq. ft. Front Yard: 10 ft Side Yard: 5 ft Rear Yard: 45 ft Rear Building setback 25 ft* *from the Dune Preservation Zone Page 2 Petition: Sunset Beach PUD File: PUD-6-023 The improvements to be provided by this developer for the public benefit include eight culverts for Mosquito Control which are located at the extreme northwest property boundary line, along the north and south sides of Joe's Pond, and along the western boundary south of Joe's Pond. Further, one credit has been reserved from the Bear Point Mitigation Bank. A full discussion of the ways in which this application for Preliminary PUD Site Plan approval meets and exceeds the standards of review is included in the staff report that was presented to the Planning and Zoning Commission on page 3. Additionally, nine conditions of approval have been formulated to ensure compliance with the Land Development Code and to meet the intent of the Comprehensive Plan Policies. Approval of this project is contingent upon a waiver being granted from the Comprehensive Plan Policies 8.1.14.2 and 8.1.14.5 to allow the applicant to impact wetlands. The primary access to the subject will create a direct impact on 0.67 acre of the Category 1 wetland. Additionally, the emergency vehicle turnaround and lift station will encroach into the required 50 foot buffer. The Environmental Resources Department has determined that the applicant has tried to achieve avoidance and minimization of any negative impacts to the greatest extent possible. However, approximately 4.9% of the wetlands will be impacted and therefore a waiver is required before the project can be approved. Previous Action: None by the BOCC. Recommendation: Board adoption of draft Resolution No. 09-026, granting approvals as outlined in the agenda memorandum for Sunset Beach-PUD. Environmental Resources Department Agenda Item Companion Report Sunset Beach PUD s Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Jennifer Evans, Environmental Resources Department DATE: May 21, 2009 SUBJECT: Sunset Beach PUD ITEM NO. VII-B Department Coordination Environmental Resources Department (ERD) worked closely with the Growth Management Department, as well as other members of the Development Review Committee, regarding this application. ERD Input ERD has provided information and conditions of approval in the attached staff report. Recommendations If the Board of County Commissioners should grant the required wetland and buffer waiver, ERD supports Growth Management's recommendation of approval with conditions as outlined in the resolution. Signature 1 • BOARD OF COUNTY COMMISSIONERS Hearing Date: Sunset Beach PUD 0 AGENDA ITEM No. VII-B June 2, 2009 Preliminary PUD Site Plan PUBLIC HEARING Waiver from Comp Plan Policies 8.1.14.2 and 8.1.14.5 GM File Number P ' PUD 06-023 i~ Applicant ~ ~ Sunset Beach Investments, LLC, a Georgia Limited Liabil- ~ y ~ "r~ ity Company ~ ~ ~ W : Property Location \ J` ~ ~ East Side of South Ocean ' ` ` ~'.v ~ Drive, 1,700 ft north of the Middle Cove Beach access ? . Land Use & Zoning i~,a~a~ R~:~~ Lagonn ~ - I rban identia U RU Res r du/ac 5 HIRD-Hutchinson Island Residential District ,t Staff Recommendation ~ Approval of Resolution 09-026 Location: East Side of South Ocean Drive, 1,700 ft north of the Middle Cove Beach Previous Action access. None by the BOCC Project Description: Previous Action: Project Staff Proposed is the Sunset Beach Pre- liminary PUD Site Plan to allow 44 None by BOCC Kristin Tetsworth, Ping Mngr residential units, a community pool Chair of DRC and cabana, and one dune crossover Notice Requirements: 772.462.2822 on 29.15 acres. Approval is contin- • Public Hearing notice was sent to tetsworthk@stlucieco.org gent upon the following BOCC adjacent property owners within 500 actions: feet of the subject on May 6, 2009; • Adoption of Res. No. 09-026; • a sign is posted on the property; • Waiver from Comp Plan Policy . a legal ad was published on May 15, R S^ ~ a.. ~ e~me~s«~ ~ 8.1.14.2 for 0.60 acres of direct 2009 '°d^°a ^ a ,`~p~+ P~o~-0z3 impact in a Category 1 wetland to ~ _ ~ allow access; Further details are found in the ~f\a = A~^^^eo r • Waiver from Comp Plan Policy attached staff report. ~~^9a~^^^ - 8.1.14.5 to allow encroachment \ ~ ~ into the 50 ft buffer for EMS and Ei " ~ a lift station; and, pVe ~ ~ ~ ~ ~ • Preliminary PUD Site Plan ap- p ~,`~m ~ ~o\~ proval, with an expiration date of ~,aro. Ra E'~, ~ June 2, 2011. ~ ~ sueNa n~wM s Background: Original Application submitted on June 2, 2006. Midi y Rd ~ ~ 1' 1 RESOLUTION NO. 09-026 2 FILE NO.: PUD 06-023 3 4 5 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 7 ST. LUCIE COUNTY, FLORIDA, GRANTING A WAIVER FROM THE 8 COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5; AND, 9 GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT SITE 10 PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS SUNSET 11 BEACH-PUD ON 29.15 ACRES OF LAND SITUATE IN ST. LUCIE 12 COUNTY, FLORIDA 13 14 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 15 testimony and evidence, including but not limited to the staff report, has made the following 16 determinations: 17 WAIVER 18 19 1. Sunset Beach Investments. LLC, a Georgia Limited Liability Company, presented a 20 petition for a waiver from the Comprehensive Plan Policy 8.1.14.2 for 0.67 acres of 21 direct impact in a Category 1 wetland to allow the construction of an access roadway 22 and mosquito control improvements; and, Policy 8.1.14.5 to allow the encroachment of 23 a 0.02 turf block emergency vehicle turnaround area, access roadway, pool parking, 24 and a 0.02 acre lift station and turnaround area, in the 50 foot buffer required between 25 the wetland and the residential development activity, located on South Hutchinson 26 Island for certain property in St. Lucie County, Florida. The purpose is to provide for 27 Preliminary Planned Unit Development Site Plan approval for the project to be known 28 as Sunset Beach -PUD which is a proposed 44 unit residential subdivision on the East 29 side of South Ocean Drive approximately 1,700 feet north of the Middle Cove Beach 30 access in the HIRD (Hutchinson Island Residential District) Zoning District. 31 32 2. On June 2, 2009, this Board held a public hearing on the petition of Sunset Beach 33 Investments, LLC, after publishing a notice of such hearing in the St. Lucie News 34 Tribune and notifying by mail all property owners within 500 feet at least 10 days prior to 35 the hearing, for the property depicted on the attached Maps as Exhibit "A" and described 36 in Section "G" below. 37 38 3. After consideration of the testimony presented during the June 2, 2009 public hearing, 39 including staff comments and the standards of review for granting a waiver as set out in 40 Policy 8.1.14.2(d), St. Lucie County Comprehensive Plan, the Board of County 41 Commissioners has made the following determination: 42 43 a. The requested waiver, subject to the conditions in Section F below 44 meets the standards of review as set forth in Policy 8.1.14.2(d) of 45 the St. Lucie County Comprehensive Plan. 46 47 b. The waiver granted will not impair other property or improvements 48 in the neighborhood. 49 June 2, 2009 Resolution No. 09-026 Page 1 of 8 Sunset Beach PUD 06-023 1 c. The waiver granted is the minimum needed to allow for access to 2 the proposed planned unit development and to provide for the 3 retaining wall, access road, parking, turnaround located at the 4 north end of Joe's Pond Drive and structures east of Sea Pearl 5 Drive. 6 7 d. The waiver granted meets the general spirit and intent of the St. 8 Lucie County Land Development Code and the St. Lucie County 9 Comprehensive Plan. 10 11 12 SITE PLAN 13 14 15 4. Sunset Beach Investments, LLC, a Georgia Limited Liability Company, presented a 16 petition for Preliminary Planned Unit Development Site Plan approval for the project to 17 be known as Sunset Beach PUD which is a proposed 44 unit residential subdivision on 18 the East side of South Ocean Drive approximately 1,700 feet north of the Middle Cove 19 beach access in the HIRD (Hutchinson Island Residential District) Zoning District. 20 21 5. On June 2, 2009, this Board held a public hearing on the petition of Sunset Beach 22 Investments, LLC, after publishing a notice of such hearing in the St. Lucie News 23 Tribune and notifying by mail all property owners within 500 feet at least 10 days prior to 24 the hearing, for the property depicted on the attached Maps as Exhibit "A" and described 25 in Section "G" below. 26 27 6. On April 16, 2009, the St. Lucie County Planning and Zoning Commission held a public 28 hearing on the petition of Sunset Beach Investments, LLC, after publishing a notice of 29 such hearing in the St. Lucie News Tribune and notifying by mail all property owners 30 within 500 feet at least 10 days prior to the hearing, and recommended that the Board of 31 County Commissioners approve the Preliminary Planned Unit Development for the 32 project to be known as Sunset Beach-PUD for the property depicted on the attached 33 Maps as Exhibit "A" and described in Section "G" below. 34 35 4. The Development Review Committee has reviewed the Preliminary Planned Unit 36 Development Site Plan for the proposed project and found it to meet all technical 37 requirements and to be consistent with the future land use maps of the St. Lucie 38 County Comprehensive Plan, subject to the conditions set forth in Section "F" of this 39 Resolution. 40 41 5. The proposed project is consistent with the general purpose, goals, objectives, and 42 standards of the St. Lucie County Land Development Code, the St. Lucie County 43 Comprehensive Plan and the Code of Ordinances of St. Lucie County. 44 45 6. The proposed project will not have an undue adverse effect on adjacent property, the 46 character of the neighborhood, traffic conditions, parking, utility facilities, or other 47 matters affecting the public health, safety and general welfare. 48 49 7. All reasonable steps have been taken to minimize any adverse effect of the proposed 50 project on the immediate vicinity through building design, site design, landscaping, and 51 screening. June 2, 2009 Resolution No. 09-026 Page 2 of 8 Sunset Beach PUO 06-023 1 2 8. The proposed project will be constructed, arranged and operated so as not to interfere 3 with the development and use of neighboring property, in accordance with applicable 4 district regulations. 5 6 9. The proposed project will be served by the Fort Pierce Utilities Authority for potable 7 water and the St. Lucie County Utilities for wastewater services. 8 9 10. The applicant has demonstrated that water supply, evacuation facilities, and 10 emergency access are satisfactory to provide adequate fire protection. 11 12 13 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 14 Lucie County, Florida: 15 16 WAIVER 17 18 A. The petition for a Waiver from the Provisions of Policy 8.1.14.2 and 8.1.14.5, St. 19 Lucie County Comprehensive Plan, for the alteration of wetlands and impacts to 20 wetland buffers when no other reasonable alternative exists and avoidance and 21 minimization of impacts cannot otherwise be achieved, submitted by Sunset Beach 22 Investments, LLC, a Georgia Limited Liability Company is granted for the property 23 described below, subject to the following conditions described in Section "F": 24 25 B. The property on which this waiver request is being approved is described in Section 26 "G" 27 28 C. This waiver will allow for the access road for the project to be known as Sunset 29 Beach to directly impact 0.67 acres of a Category 1 wetland. Due to the size of the 30 wetland, the impacts from the ingress-egress road, parking, turnaround and buildings 31 are unavoidable. 32 33 D. This waiver shall not be valid for a period longer than the approval granted in Section 34 "H" of this Resolution. 35 36 E. The Waivers granted under this Resolution are to enable development of the site as 37 depicted on the Preliminary Planned Unit Development Site Plan drawings prepared 38 by Kimley-Horn and Associates, Inc., dated April 2008 and date stamped received by 39 the St. Lucie County Growth Management Director on May 5, 2009 and is limited to 40 the uses and site design approved by the Board of County Commissioners on June 41 2, 2009. Any modifications that have an environmental impact must be approved by 42 the Board of County Commissioners or said Waiver is null and void (unless the 43 proposed changes are required to meet conditions of approval.) 44 45 SITE PLAN 46 47 F. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the 48 Preliminary Planned Unit Development Site Plan for 44 residential units to be known 49 as Sunset Beach-PUD, is hereby approved as shown on the site plan drawings for 50 the project prepared by Kimley-Horn and Associates, Inc., dated April 2008 and date June 2, 2009 Resolution No. 09-026 Page 3 of 8 Sunset Beach PUD 06-023 1 stamped received by the St. Lucie County Growth Management Director on May 5, 2 2009 subject to the following conditions: 3 4 ENVIRONMENTAL RESOURCES DEPARTMENT 5 6 1. Prior to issuance of a SLC Vegetation Removal Permit or Exemption, the following 7 conditions must be met: 8 9 1. The applicant will comply with all state and federal agency regulations and 10 requirements including but not limited to Florida Fish and Wildlife Service, 11 Florida Fish and Wildlife Conservation Commission, U.S. Army Corps of 12 Engineers, and Florida Department of Environmental Protection. Prior to 13 approval of a Notice of Vegetation Removal, the applicant shall have 14 obtained and provided SLC with all required federal and state permits, 15 including those for wetland impacts and endangered species permits. If 16 federal or state agency compliance requires modification to the development 17 plans, the applicant will promptly modify the plans and submit to SLC for 18 review and approval as required by the LDC. The applicant will not use the 19 County's development approval to prevent compliance with any federal or 20 state agency requirements. 21 2. The applicant shall provide written authorization from Florida Department of 22 Environmental Protection Bureau of Beaches and Coastal Division for 23 construction seaward of the Coastal Construction Line per SLC 24 Comprehensive Plan Policy 7.1.5.1. 25 3. The applicant shall revise the PAMP as follows: 26 a. Include the maintenance and restoration of the dune will be performed 27 as required "in order to maintain the dune as specified in the dune 28 restoration plan" 29 b. Include proposed preserve area signage and posting plan 30 4. Per SLC LDC 6.04.02, the applicant shall revise the Sea Turtle Protection 31 Plan as follows: 32 a. Include the name of the general contractor 33 b. Include construction schedule 34 c. Include a copy of proposed signage 35 d. Include a reference regarding compliance with all standards set forth 36 in 6.04.02 of the SLC LDC. 37 e. Include a required onsite meeting and lighting inspection with ERD 3 8 staff 39 5. The applicant shall revise the HOA/Covenants Conditions and Restrictions 40 documents to include references to the PAMP, Dune Restoration, and 41 Conservation easement documents. 42 6. Within 90 days of site plan approval or prior to approval of a Notice of 43 Vegetation Removal, whichever comes first, the applicant shall provide all 44 required executed SLC conservation (or SFWMD) easements, with a PAMP 45 to be recorded as affidavit to the easement, for all preserves onsite, including 46 the dune preservation zone and wetland with associated buffer as depicted 47 on the site plan, along with a cashier's check, payable to the Clerk of the 48 Court for the appropriate recording fees, to the County Attorney for review 49 and approval. No easement will be approved if there are modifications made 50 to the SLC or SFWMD easement form without prior approval of the County June 2, 2009 Resolution No. 09-026 Page 4 of 8 Sunset Beach PUD 06-023 1 Attorney and ERD. Failure to perform this condition within the specified 2 timeframe may result in revocation of the site plan approval. 3 7. The applicant shall provide a copy of the Stormwater Pollution Prevention 4 Plan issued through Florida Department of Environmental Protection per SLC 5 LDC 6.00.05(C)14 and 6.02.01(C)2. 6 8. Landscape Plan shall be revised as follows: 7 a. Include statement that all installed plant materials shall be 8 irrigated "in accordance with SLC LDC 7.09.03(C); 9 b. Include statement that all plant materials specified as Florida No. 10 1 grade or better Per SLC LDC 7.09.03(E); 11 c. Include statement that cypress mulch is prohibited per SLC LDC 12 7.09.04(L)3.a, on the Landscape Plan. 13 9. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant 14 shall execute an improvement agreement for all required landscaping and 15 tree mitigation, including on-site and off-site preservation and/or relocation. 16 17 GROWTH MANAGEMENT DEPARTMENT 18 19 2. Prior to expiration of this Preliminary PUD Development Order approval, the 20 developer, successor or assignee shall submit an application for Final PUD Site 21 Plan approval which shall meet the requirements of Section 11.02.05.B and shall 22 meet the criteria for substantial conformity with this Preliminary PUD Site Plan. 23 24 3. Prior to issuance of a construction permit for this project, the developers, their 25 successors or assigns, shall have entered into an enforceable utility service 26 agreement with St. Lucie County Utilities to ensure the provision of sewer 27 services. This agreement shall be in a form consistent with St. Lucie County 28 Utility District regulations regarding utility service extensions and service 29 provisions. 30 31 4. Prior to issuance of a construction permit for this project, the developers, their 32 successors or assigns, shall have entered into an enforceable utility service 33 agreement with Fort Pierce Utilities Authority to ensure the provision of water 34 services. This agreement shall be in a form consistent with Fort Pierce Utilities 35 Authority regulations regarding utility service extensions and service provisions. 36 37 5. Prior to the Final Plat approval and issuance of building permits for the project, 38 the developer, his successors or assigns, shall submit a County Stormwater 39 application and pay the applicable fees. 40 41 6. Prior to the Final Plat approval and issuance of building permits for the project, the 42 developer, his successors or assigns, shall provide proof of receipt of the 43 required South Florida Water Management District Environmental Resource 44 permit. 45 46 47 48 49 SO 51 June 2, 2009 Resolution No. 09-026 Page 5 of 8 Sunset Beach PUD 06-023 1 2 COUNTY ATTORNEY'S OFFICE 3 4 7. Prior to Final PUD Site Plan approval the following notations shall be made on 5 the Final Site Plan: 6 7 a. Sheet L-15 -Irrigation Plan -The street name Joe's Point should 8 read Joe's Pond; 9 b. Sheets 8, 9, 10, 15 -State Road A1A is missing its right-of-way; 10 and, 11 c. Environmental Resources Department has made a Conservation 12 Easement a requirement for the Dune Preservation Zone, and 13 Wetland Preserve Areas. On all Site Plan sheets pertaining to the 14 Conservation area, please delineate the Conservation Easement 15 and Preservation 8 Wetland Areas. 16 17 8. Prior to recordation of the Final plat, all property included in the legal description 18 of the petition shall be subject to a Declaration of Restrictions and Covenants 19 acceptable to the County Attorney's office which shall include the following: 20 21 a. Formation of a single "master" property owner's association, 22 automatic voting membership in the master association by any 23 party holding title to any portion of the subject property, and 24 assessment of all members of the master association for the cost 25 of maintaining all common areas; 26 b. All recreation parcels shall be deed restricted to recreation for the 27 use of the residents of the development. At the time of turnover of 28 the POA/HOA, the recreation parcel shall be turned over to the 29 association at no cost to the residents; and, 30 c. The property shall not be subject to the Declaration of Restrictions 31 in phases. Approval of the Declaration must be obtained from the 32 County Attorney's office prior to the recordation of the Final plat 33 for any portion of the planned development. 34 35 MOSQUITO CONTROL 36 37 38 9. After the completion of construction of this project, the developers, their 39 successors or assigns, or designated HOA/POA shall be responsible for the 40 perpetual maintenance of the mosquito control culverts. The flushing culverts 41 must be maintained in functional order at all times, and undergo maintenance 42 immediately after all catastrophic events to remove debris and sand that accrue 43 to block water exchange after these events. SLC Mosquito Control Department 44 and SLC Public Works will make periodic inspections of these facilities to ensure 45 compliance with this condition. 46 47 48 GENERAL PROVISIONS 49 50 G. The property on which this Preliminary Planned Unit Development Site Plan approval 51 is being granted is described as follows: June 2, 2009 Resolution No. 09-026 Page 6 of 8 Sunset Beach PUD 06-023 1 2 GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE 3 RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS 4 THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 5 35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA. 6 7 LOCATION: On the east side of South Ocean Drive on South Hutchinson 8 Island, 1700 ft north of Middle Cove Beach access. 9 10 H. This Preliminary Planned Unit Development Site Plan approval shall expire on June 11 2, 2011, unless an extension is granted in accordance with Section 11.02.06(6)(3), 12 St. Lucie Land Development Code or Final Planned Unit Development Site Plan 13 approval is granted. 14 15 I. The Preliminary Planned Unit Development Site Plan approval granted under this 16 Resolution is specifically conditioned to the requirement that the petitioner, Sunset 17 Beach Investments, LLC, including any successors in interest, shall obtain all 18 necessary development permits and construction authorizations from the appropriate 19 State and Federal regulatory authorities, including but not limited to; the United 20 States Army Corp of Engineers, the Florida Department of Environmental Protection, 21 and the South Florida Water Management District, prior to the issuance of any local 22 building permit or authorizations to commence development activities on the property 23 described in Section "G". 24 25 J. The conditions set forth in Section "F" are an integral non-severable part of the 26 Preliminary Planned Unit Development Site Plan approval granted by this 27 Resolution. If any condition set forth in Section "F" is determined to be invalid or 28 unenforceable for any reason and the developer declines to comply voluntarily with 29 that condition, the Preliminary Planned Unit Development Site Plan approval granted 30 by this resolution shall become null and void. 31 32 K. A Concurrency Deferral Affidavit, a copy of which is attached to the Resolution, was 33 granted by the Growth Management Director on June 2, 2009. 34 35 L. The petition includes a request for an Amendment to the Official Zoning Atlas to change 36 the zoning from the HIRD (Hutchinson Island Residential) Zoning District to the PUD 37 (Planned Unit Development -Sunset Beach) Zoning District; however, that will not be 38 effective until such time as the property owner petitions for Final Planned Unit 39 Development Site Plan approval and it is ultimately granted by the Board of County 40 Commissioners. 41 42 M. Upon approval of the Final PUD Site Plan, the Board of County Commissioners shall 43 direct the Growth Management Director to amend the Official Zoning Atlas to reflect 44 Planned Unit Development (PUD) Zoning for the approved development. 45 46 N. A copy of this Resolution shall be attached to the site plan drawings described in 47 Section "F", which plan shall be placed on file with the St. Lucie County Growth 48 Management Director. 49 June 2, 2009 Resolution No. 09-026 Page 7 of 8 Sunset Beach PUD 06-023 1 O. A copy of this Resolution shall be mailed, return receipt requested to the developer 2 and agent of record as identified on the site plan applications. 3 4 P. This Resolution shall be recorded in the public Records of St. Lucie County, Florida. 5 6 7 8 9 10 11 12 13 14 15 16 Q. ADOPTION: 17 18 After motion and second, the vote on this resolution was as follows: 19 20 21 Chair Paula A. Lewis XXX 22 23 Vice-Chair Charles Grande XXX 24 25 Commissioner Doug Coward XXX 26 27 Commissioner Chris Craft XXX 28 29 Commissioner Chris Dzadovsky XXX 30 31 PASSED AND DULY ADOPTED this 2nd day of June 2009. 32 33 34 BOARD OF COUNTY COMMISSIONERS 35 ST. LUCIE COUNTY, FLORIDA 36 37 38 39 BY 40 Chair 41 42 43 ATTEST APPROVED AS TO FORM 44 AND CORRECTNESS 45 46 47 48 Deputy Clerk County Attorney 49 50 51 June 2, 2009 Resolution No. 09-026 Page 8 of 8 Sunset Beach PUD 06-023 ST. LUCIE COUNTY CONCURRENCY DEFERRAL AFFIDAVIT Fee: $25.00 (~j, y ~ v~ ~ 5, ?~.t EMBE (Z 1,.~•~se~- Beuc~, ~NVtS~wttK~S, LLC ,residing or doing business at o?5 .Sove~c~~~ 1/~Ay Name Street FoQ~- P~~rcP, F 3~~~9 ~~~o~ 5 30- 0 2 S 3 have applied for City State Zip Code 1 Phone apUl~ ~?~~c,~.~ed uw~~- ~eve~o~w~en+~ from St. Lucie County, Florida, for the Type of Development Order following Project: Suh Sep- ~~eac.~ Name of Proposed Development f do hereby affirm that in connection-with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities wll be available when I apply for the final development order. I further acknowledge that according to Section 5.01.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available ~t that tim The issuance of a preliminary development order without a certificate of ca aci cre ~ s o ve ted or other rights to develop the subject property. SIGNED: - ~ ~ DATE: Z c t ~ Ap`p ca t STATE OF FLORIDA, COUNTY OF ST. LUCIE Before me, the undersigned authority personally appeared ~ F ~ ~'~4' ~ who upon being duly sworn, deposes and says sworn to and subscribed befo me this ,p_'~ar of , 20 ~'~F. tf' c e ~ ~f . My Commission expires ~ 4~° ~ - i ~ Notary Public ~ y` ~ t Witness Witness r 4/13/01 QA~LA Mg9s ti ~OrgR ~ D ~ O~C~~N7Y. C3E~PO`P Q May 6, 2009 Joe Smith Address City, State Zip Sunset Beach -PUD 06-023 In accorciance with the St. Lucie County Land Development Code, you arse hereby advised that Sunset Beach Investments, LLC has petitioned St. Lucie County to allow 44 single family lots, a community pool and a cabana on South Ocean Drive. They also applied for a Waiver from the Compn3hensive Plan polices 8.1.14.2 and 8.1.14.5; and requested preliminary planned unit development site plan approval. The project will be known as Sunset Beach -Planned Unit Development. Location: On the east side of South Ocean Drive on South Hutchinson Island, 1700 ft north of Middle Cove Beach access Legal Description: GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA. Purpose: To change the zoning from the Hutchinson Island Residential Distrid (HIRD) Zoning District to the Planned Unit Development (PUD) Zoning District to allow 44 single family homes on 29.15 acres of 18nd. The waiver will allow the access road to cross the wetlands. The public hearing on the petition wilt be held at fi:00 P.M., or as soon thereafter as possible, on Tuesday, June 2, 2009, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Vrginia 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 Growth Management Department should receive written comments to the Board of County Commissioners at least 3 days priorto a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Boarri of County Commission, rather than by contact outskie of the scheduled public hearing. We encourage you to speak at these public hearings, or provide written comments for the recorcl. The proceedings of the Board of Courtly Commissioners are eiedronicalty recorded. If a person decides to appeal any decision made by the Boarcl of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a vert~atim 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 ik becomes necessary, a public hearing may be continued to adate-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Luce County Community Services Director at least forty-eight (48) hours priorto 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 forwarci this notice to the new owner. Please call {772) 462-2822 or email if you have any questions; and refer to the project name and number listed above. Sincerely, ST. LUC1E COUNTY BOARD OF COUNTY COMMISSIONERS Paula A. Lewis. Chair Form No. 07-19 ~ Z ~ ~ m c~ ~ 0 ~ `p o ~ e :y T ~ ~ Z ~ C ~ ~ ~ ~ it F N ~ ~ c ~ ' U U cII N ~ m C ~ (II C J ~ . Oc,ya~, C s• ~ ~ 3 • a: ~ ~ . • ¦ QY • ~ ~ ¦ o ~ ¦ U o M a> a Y a~ ~ ~ ~ .o oc s ¦ p ~ ~ w ~ ¦ ~ r ¦ ~ ¦ ~ ~ o • O ¦ ~ ~ i c6 Q ~ ~ ~ J ~ O J N C s f0 (6 Ui ' U1 J _ C ~ C ~ Q ~ ~ i (g (J ~ C ~ a± O m ~ U ~ U ~ ~ N C Q ~ ~ ~ ~ _ U1 Q N ~ ~ ~ ~ ~ ~ tII ~ ~ O c :«J ~ ~ ¦ ~ ¦ ¦ Q Q m Bad boy doesn't always get the girl ;Vitamins found to curb L 1be Assooared I'reas all waotani population of en earner smog d the u WASIIING7DN - Appnr- looses un_ cat>sed by kill- also warlike Yanotnamo ~ benefits of exercising - enn7 the bad boy daPSCtt Trig one another and m- d Venezuela, where rn® L always get dte girl. other a percent were who participated in tmre O At least in a South killed in cmflicts with killings were intend m m American tribe with tbe outsiders. have more gives O highest knoua murder And it wasn't just men So why the difletenre' Vora Twres murde teas metabolize which mop tW the reactive a rate, it turns out that the Nhads accotmad far 59 Violence m Cdh groups u You exercise m im- glucose, by combining its oxygen wmpourtds, may ~ O ttrost aggressive guys end percent denote deaths but IargPly turns around te- prove your metabolism carbon amens with axpgen seem like a logial solo C m CID with fewer wives and also 39 paceni d uromet. verge, Dtrt the teaeatrhers ~ affi Ureveta diabetes, you and extracting the energy non. ~ 7 chlldten than wilds men, Brave esearcLas inter- found that the Yanomamo ~ may want m avoid annori- that is released. in the pto~ The rtsearrhss, led b}. dents like vitamins C and some highly reactive Dr. Mir2rael Ristow, a nu~ Z ~ ~ according m a report m viewed men in Zi settle battle until mete nee been E. oxygen molectiles es- tritiottist at the Univetskv (j~ ` Tuesday's edition d Pro naertts, talking m any' man a rough boletus in the That is the m~~ cape and make d Jtma in Gsmany, Tested ~ G ceedmgs d the National old enough m have experi- ntmtber d deaths m each d a surWis- chemical attacks this ptopoainm by having Academy dSCiences. enced warfare before the side. abe then have peeve ittg new look at on an in LLI N ~ Researchers led by Slap pacification of recent fltl interltxles between ~ badys read - sight. halt d tbem moderate 3 hen Beckerman dPenn- y~rs who was witlirg m aarFare cYdes. Uving the - Sylvania Stain Univxrsity be interviewed about "rest" periods, which can Ten m exercise. These reactive doses d vitamins C affi E Z ~ m tepor6sd MortdaY ox YBe? coin- and meesuriug sarsaivity Z ~ ; studied the Waorani d their lives apd families. last several Years, Yano ~ hY researchers in potttttls are known m insulin as well as indi- Z ~ Eatador, who had tbea 1heY farm that more memo uaaiss ran gain ~,pgny atxi Bos- to damage the rotors d the body's ~m- Q d Q L arst peaoaiil contact With aggressive mm do not ac- wives end Earlier drildren. inn. body's tissues. The rat deferses m oxidative V W m ottsfders m 1958. Rove mote wives than The Waotani, on the EYSdse is known m atnaint d mddative dam- damage. 3 C The Wasarn had arep- orbs men, do nix have other hand, do not have have many beneacial ef- age irrtpases with age, Tne Jerta ttaam found 0 oration is killing outsid~ more duldrat and their peaceSti respites and will facts w health, ind • J utting axed according to one then fleet in the group taking 3r O era antl beirg equally erg wives and dvldrei do rent even iaitiatr sn action w, ~ on the body's sensitivity m ry d aging it is a maiar the viiamins there was rn do gresaive among one an survive logger. to Fact, based on something that insulin. "Get toots exec- cause orbs J tody's decline. itntsovetneln in instilhr ~ otber, being listed as hay warlike Caen Crave fewer occurred in their and- Q ~ p irg the highest homicide chfldren who survive m parent's generation Tbea vise" is oRffi among the The body has Its owp de~ sensitiviy and almost no C W ; rate knowu m anthrapolo- reproductive age, they goal isti t a halaMe with ~ recmnmendanons giv- tease syseem fnr mmbat~ activation d the body's en by docents m people at Tog oxidative damage, bra natural defense mecha~ r^ ' m gy. Indeed, over lSve found, opporgnts but rattier m t-isk gfdiaLetec it doe,< na always be tv®n against oxidative v > generations 92 percent d That's just the opposihe eliminate the other side. But exerdse makes the sough. So eraiaridants, damage. V C m f 1 ~ ~ ~ TALLAWSSEE ~ ST. LUCIE COUNTY m FIa.nNiLials«rtfirnr DERMATOLOGY & BOARD OF COUNTY Oi ~ 31 neW Ha ratiY, o ~ 31~re ~ dan°°.~t~ ; ~ COMMISSIONERS N ~ ipFiptida,ffiingitgthem SKIN CANCE~EN~R PUBLIC HEARING AGENDA ~ Cal mmtCer d rases in the ~ ~ m ~ F ~'Idhe Florida Departmem ~ a- -o June 2, 2009 m a 7 d ftealth on MotMay Bald NOTICE OF PROPOSED ZOMNG OLaTRICf 171ANCE Z y C Q ~ the new confirmed ease d 'm AMwANER FROMTIE COSWREIIB/SIVE Putty the virus a=ere in Os~.eola, C ~ ,Q V C lkevatd, SarasaFa, Pine • T1..,,,~ ~lIt,~,,,t~ 71w SL Iyri Cway Bosco of CoaAy CmsnisYOnNs ~ ~ U to llas, Hillsborough, Bro- ~ D~tOlo~/t ptvpwu m eorrtdsr tlr seoyASOn a eta folbrYg p tp aard, Dade, I.ee, Manatee. rudwlon: u Marion and Lake camties. RESaLtrtt011 ND- tIG026 U Q ~ ~ L Thee also are tour ptob~ • sS`~ ~,`aIICet Pcesmbon k Tmrmeat A RESOLtiIiON OP TIE aDARp oP Colwrv able swine flu Ca9ee m CONYIStilO1ER5 OF ST. LIICIE COI1//fV, FLLNpW, .m E7agler, Palm Beach and • MobB Surgery ORANTHG A WAIVER PRDLI THE COYPREIENSIVE ~ Okaloosa covntirs - PLAN POLICES a/.1d2 AND d1.1ad; AID ILIWRtIG For nwte information, l+~~~,... Call (800) 39&3557 for tits ~ C PLANPLAN APPISOVAL~fOR~71E PRDJECTTOLB~E~KNOWN AS C they infa-manWl. StS6ET BEACH- FLAMED UNIT DEVEIDPAIENi ON m STaARS • Purr 3r. I.Ltt'a 2s.ts ACIES oP IJ1ND SDINTE w sr. LucE cotwTY, ~ ~ CLEVELAND q~ FLORIDA ~ ~ .S~LLrpu'ari N8'LI ~rMM1I 398-DERM (337 ctp C¢' A1olu Sut;¢}~y APPLICANT: swNrae.rn •w'..ma.rAe, LLC r t~! m IN'MIPLI ftN• ('retTD:n}' , Anlnin Dcrmeteb}pc srlrgctY FSE NtReER: Plm-nZ asaxt L(~ r ~ ~ P.n airplane CarrYi~ • Vphuttaty 5l7riscrsity of Miami GOVERNMEM LQ7 2, LESS THE N M~a.~ G stLSpecmd Nazi death came VA bfalicel (.CntQ FEET Atom LESS THE RIGM OF WAV OF N N W ~ gnarl John Demjanjttk lNry STATE ROAD A-1-A; AND GOVEFUAL3aT LOT 3, LESS has taken off 1}om a ©eve- THE RIOtIT OF WAV OF STATE ROAD A-1-A, SEtrrgN 7 land airport as U.S. ol$- 29, TOWNSHIP 355, RANGE dt E. ST. WCIE COUNTY, d Gals depai him m Gar FLORDA. ~ twang. ~ ~ Burke IakeRom Airport LOCA710N; On Urs eat side m SaWr Otssn Orlve m ~e N Commissions Ifhelid Bah secna Islsrt4 1700 R rroMr of LNdeN cow C m bur catfirttted that Dem~ . i 7 y` Janluk w~ on board the PURPOSE: To cnmae Uw zoNng tmm I1N IApckFSm N Z N flight that left Just after 7 lalsrrd RssldNSW Dl.uld< MRD) mnlsa Dlseict m tM ~ Ll ~ p.m. Monday and was Plruled lNa[Dwnlapnrrrt (P1A)ZmFrS OMtrlrtm VOw e O m n~dfa to certnagv. ~ awgl.tn+y n«n.a on zs.ts N.,.s nice-nr rwr 7 I- Z Danianiuk u amtxed m ~ - ven.Eoer me stases rwe m tense the wsllwM. ~ ~ Mmtich 429,000 caarts d _ _ Z accessory to murder at the -p ~ N ~ O Sohrbs death camp m - ~ 1 Q C ~ V m Naziorcupied Poland 7 SANTA BARBARA, CAIN'- - r. ~ ~ ~ItYI1~ItLYS rdI'P _ ~ ak`ditlti~ faN1g Rln(I.ti / - ¦ P ~ ' ~ Faeflghters }Wok advan- ' cage d cool. damp weather - ~ ~ M~daY as they rustled m 1. - . f-t ~ /lam i wipe otrt the last remnatns i'+ ~ - ~ ~ ~ ~ oFa uiktflte that destroyed i~V O• dozens d homes, sang Q against an ®vected reran I/C'C~~ d O m otwitrdy weatber. i+l -w A, II The 13-equaremile Naze W The PUBLIC HEARWG m Btis dam wi re Weis in me was 70 percent Sur m T' Comrisawn t~aadara, Roger Palra6 AMax. 3A Roof. St. « rounded. Nearly all suet- Y our journey never ends For more u,oe An,,;,,;se~«, y uses had returned to SLY ~n0. 2300 Yapea Averue, f ~ ~ homes they aed when at Horizon Bay,` From infOrTllatiOn Or m Pierw, Florida m Toney, Jrre 2, 2005, nag:aanq ar • ~ « wind blowing down the international travel dubs to risks t0 9CIled7lle a :m PN «as anon trrerealmr as posailae. ~ m race d the smep Santa to local s tree ts, our - M aaeresro0 persons wi he 0hen an opporoaay m es i..i s. Cf Y'nez Maintains blew tow- ~ ~ ~ VISlt, CaII acrd. LvLrtest coirnrsirs [starved in adeaxe of me pudic tJ~ r , L eriug flames Tarn resiaen- resident travdets ahvays kwk neamig wa abo he o«talderm, widget mnas.as m me CC ~ Q m riot areas. forward to sharing ilieir weahh of tol~-freC todayl wa~a or car~ty c~,.,~«tas snood ee r.~,ed ty me O " ~ Full containment was travel stories-and anni new 3 ram Deoaranefs - ~ t>:evion x krmt O ~ ptedictm by wmneaaay. Pl n8 Your story ~ Pri« m tns sdwduNd h••dne. Tns pas-eon tae a U J s m Forecasters predicted adventures together. Sim and Cazol avadada t« ravian a< to Growm M•n•e•mar+t Depararent continues here... atscss hceted ar zaw wo::a avawna, r Fx,«, r-ort PlaCa, AA~~ breezes waild Detains in L W m creasinglY stronger hY Plan trips around the munh}• Faa;m, aatrp regwar [artiness hors. Please tae 7rwe2- ~ sad host showand-teB dinners 'r 2e22 « TDD 7rbacz-u2e d y«, hob arty gtesdons or }B midweek, reaching 20 mph l • J I!! ' to 30 mph with gusts to 50 T m~ 'nOA' ~V rt'{S to share pictures and their passion ~ ~ ~ ~ d ~ ~ ,r Q mph by Wednesday night. /~o~ cO11ar ~•t9' ~ a WASNINBTON for traveling. HORIZON ~Y pOw° m revue. am a~ anT appicatian walarr mat area of respmaadity. y v PLwticitle IianneLl How w171 you spertd your etleRirtyS? vraawr+r smseraar uvlNa` The praeeadirys mina Board or CAmty C«nmissioners are C_'' ~ m 98z5 S. US Hwy 1 e1BGbO^`'•~"a`°'md. PuRStuNr r° e°ma' 2a6°t°s ~ ~p fur fail [.rapt: With planned social and cultural ~ d a peram derides m appeal airy erision ~ O > The Eao-irgnmental Pro Port St Lueie, FL 3495z made M ma Eoard o+ O«ssr conmtlssioners win respect events, you'll have a great m matmr areierad at a « r_ Q faction Agency issued a & r-677-q6t-Lt33 a^i' 0rt•~0 re~9• he « rna t•. }A n nal rule Monday Canning opportunity to expbre the next wA need a rec«tl of the proceeJerps. For sum pupose. Qa N ~ a bohtt axt f vide car diapter in your life- And with r.a~ .,sa ne~~~ reed ro ens«e that a wseat:n reardy ~i~ amps, say' made, w~M reroN inca,ees me i~l y ~ ~ ing it poses an rmaccepb scheduled ttanspor[atioa, delicious am avmae won wtacn ma appeal is m ha lensed. wpm t~ ~ ~ o able health risk, espedally during services, and weekly zg25 loth 5t. tna rsgaeat a any party m gre proeeed'ug, irMividuals m children. Vero Beach, FL 3zg6o mstiying duraq a near:l0 well a aw«n:, Any pony m ma t The insecticide, sold ten- housekeeping, it will be easier for proceeding w5 a 4arxee r opponnsy m cross-san:ta ~`i~ ylE Vf der tIx Grand [eels Fura~ you to do the things that mean the L-B77-639-35!36 arty iasvidral ssbryinp dwlrra a roarsp open repeat. a d _ v ~ W elan, has been under EPA most t0 you. u.l,a `°a's..,..s, ~az rr~my •os,rernsa~ary~m seam. anon. ~ ,d review for years. Its granu~ l I. 7r t laz form was banned in tbe Learn mote at Anyme wim a ~r ropriig accomnodatl«r m atasnd li 1... mid-lss0a Cecause it u-as We'd 2otm for you m eontin ue your www.horizonbay.eom cols maecna anowd aroaa ms s. wrie comfy commmdy Clamed for kiliing millions story ui Horion Bay. s«Yicm olrermr ar least rorty-eight tae? nova prior ro a,e d mlgl'aLOry Mids. The Qp ~ m••a0B ar7r21482-i rt7 «TD.D. 7721482-1420. aBencY Cagan its tll'ort m ~.x.!•'mocrly launv ac Afmill Oardeac w.u.a.ati~:~.i..r~w~y,.,,.e,t. BOARD OF C0IRITV COMMSSIONERs rl:IDgve the pPStinibe From ST. LIKE CWNIY, FLIMmA the mazkef in?008. y5/ PAIIIA A. LEV/IS, LWAw INDBPENDEN7 LIVING • ASSISTED LIVING • MBMORY CARE PUBUSII GATE: 05/12/2008 N7om ova ttiRxan 1 move down the development review process. He feels this issue is solvable, but needs to be 2 addressed. 3 4 Mr. Murphy does not feel this ordinance was passed out to the practioners for comment and 5 input. His last question was why ERD determine whether or not parking is adequate within a 6 particulate project. He feels this should be left as a Growth Management function. 7 8 Mr. Murphy requested that the Planning & Zoning Commission send this ordinance back for a 9 redraft and additional input is considered from other departments and individuals. 10 11 Ms. Mott told the Commission she would review Mr. Murphy's requests and answered the 12 questions she felt were addressed in this ordinance. 13 14 Ms. Lueke stated it did not occur to staff to ask practioners for comments. She stated that as far 15 as staff is concerned this portion of the ordinance is not new. 16 17 Chairman Mundt closed the public hearing. 18 19 Mr. Lounds was concerned about the placement of foundation trees that are placed in right-of 20 ways of a development. Over time utilities would be affected by foundation tree placements in 21 the right-of way. 22 23 Mr. Culverhouse echoed Mr. Lounds concerns. 24 25 Mr. Satterlee stated that this issue should be considered as infrastructure, which over time would 26 have to be addressed. 27 28 Mr. Schrader suggested that "shade" (for the type of trees) be used throughout this ordinance. 29 30 Ms. Mott agreed. 31 32 Mrs. Hammer motioned to forward draft Ordinance 09-007 to the Board of County 33 Commissioners with included comments that were raised during the public hearing and by 34 the members of the Planning & Zoning Commission. 35 36 Mr. Reynolds seconded. 37 38 The motion carried unanimously. 39 40 41 D. Sunset Beach PUD: PUD 06-023 42 43 Petition of Sunset Beach Investments, LLC a Georgia Limited Liability 44 Company, requesting a Wavier from Comprehensive Plan Policies 8.1.14.2 45 and 8.1.14.5; and Preliminary Planned Unit Development Site Plan approval 46 for the project to be known as Sunset Beach PUD. 5 1 Mr. Culverhouse disclosed that he received a phone call from a representative of the 2 applicant that lasted about three and one-half minutes. 3 4 Ms. Tetsworth, Growth Management Planning Manager explained to the commission that the 5 Petition of Sunset Beach Investments, LLC, a Georgia Limited Liability Company, a 44 unit 6 residential project on 29.15 acres of land located on the east side of State Road A-lA on South 7 Hutchinson Island. The project history has been a long one. The application was originally 8 submitted June 2, 2006, last DRC Meeting March 19, 2009 (staff only discussion), last DRC 9 Report Issued August 1, 2008, last ERD Report December 18, 2008, last Re-submittal of Site 10 Plans Apri13, 2009. 11 12 Ms. Tetsworth stated this is a waiver from the Comprehensive Plan Policies 8.1.14.2 and 13 8.1.14.5 to allow the applicant to impact the wetlands. That typically only the BOCC authorizes 14 to grant this waiver (did not have to come before the Planning & Zoning Commission). 15 However, this is an iatrical part of how the site plan ended up the way that it is and could not 16 move forward with this project without the waiver and this is why we have to discuss it in this 17 manner. 18 19 Ms. Tetsworth explained this is a Preliminary Planned Unit Development Site Plan approval, an 20 Amendment to the Official Zoning Atlas to change the zoning from the HIRD- Hutchinson 21 Island Residential Zoning District to the PUD, Planned Unit Development Zoning District, that 22 will not be effective until such time as the property owner petitions for Final Planned Unit 23 Development Site Plan approval. 24 25 Ms. Tetsworth went on to explain in order for this application to be found in compliance with 26 the St. Lucie County Comprehensive Plan and Land Development Code, certain waivers must be 27 granted by the Board of County Commissioners from the following provisions of the 28 Comprehensive Plan Policy 8.1.14.2 for 0.60 acres of direct impact in a Category 1 wetland to 29 allow the construction of an access roadway, and 0.07 acres of direct impact to allow for 30 mosquito control improvements; and, Policy 8.1.14.5 to allow the encroachment on 1.2 acres of 31 the required 50 foot upland buffer between the wetland and the residential development activity 32 to allow construction of an access roadway, lift station and pool parking. 33 34 Ms. Tetsworth continued stating exemplary aspects of the project are, common open space 35 provided equals 36.4% of the gross acreage of the site, whereas the Code requires 35%, 36 additional areas of wetlands and stormwater detention equal 13.3 acres, or 45.6% of the site, 37 proposed density equals 1.5 du/ac., whereas the allowable density would be 4 units/ac., 38 development areas will occupy only 18.18% of the site and are designed to limit the impacts on 39 the wetlands to the greatest extent possible, a focal point is provided in the cul-de-sac at the end 40 of Sea Pearl, the recreation area will include a swimming pool with restrooms for all residents to 41 use. Further exemplary aspects are detailed lighting plan illustrating bollard style lighting to 6 1 reduce negative glare impacts on wildlife with additional restrictions on all exterior lighting on 2 homes and signage, enhanced landscaping for the dune crossover to encourage connectivity to 3 the beach in one location, additional enhanced landscaping materials within the buffer will be 4 provided, a Preserve Area Management Plan is provided for the perpetual maintenance of all 5 proposed conservation areas, conservation easement is required for the Dune Preservation Zone, 6 and Wetland Preserve Areas, one credit from the Bear Point Mitigation Bank has already been 7 reserved and the site design allows for all of the proposed lots to abut the dune preservation zone 8 and ultimately face the Atlantic Ocean. 9 10 Jennifer Evans, Environmental Resources explain to the Commission the environmental aspects 11 of this project. This site is a category one wetland due to the hydraulic connection it has to the 12 larger tidal wetland system of Hutchinson Island and the Indian River Lagoon. Per 13 Comprehensive Plan Policy 8.1.14.3 a category one wetland waiver that states preservation of 14 wetland precludes all reasonable economically viable use of the property and which applied 15 would result in a taking of the property and must be approved by the BOCC. Since the buildable 16 uplands on this site can only be accessed through the wetland if the impacts associated with the 17 access road it could be considered a taking. 18 19 Ms. Evans went on to explain the impacts. She also noted that the Home Owners Association 20 HOA) or Property Owners Association (POA) will maintain the preserve areas and anywhere of 21 void vegetation they will be required to replant which is in their Preserve Area Management 22 Plan. 23 24 Travis Walker, Weiss Handler spoke on behalf of the applicant. 25 26 Mrs. Hammer questioned the parking, the cookie cutter blocks of forty foot wide lots with 441ots 27 jammed in and question the report submitted by Weiss Handler. 28 29 Mr. Walker stated through his work with staff the project has been greatly diminished in size and 30 impacts. 31 32 Cynthia Angelos stated that the report is old. 33 34 Mrs. Hammer questioned why they were getting old reports. 35 36 Ms. Tetsworth stated that some of the information that was received was submitted to the 37 commissioners as a courtesy because it was part of their original application back in 2006. 38 39 Chairman Mundt questioned if the City of Ft. Pierce has looked at this application. 40 7 1 Ms. Tetsworth stated yes and that they do have an approval for the water and waste water will be 2 supplied by Fort Pierce Utility Authority. St. Lucie County will supply the reclaimed water. 3 4 Chairman Mundt. Mundt wants to make swe staff put in as a condition of approval that the HOA 5 or POA is responsible for the Persevere Area Management Plan, that the Kimley-Horn traffic 6 information from 2006 be updated and find out if part of the stimulus package can be used in the 7 beach restoration. 8 9 Chairman Mundt opened the public hearing. 10 11 Jeff Mitchell, Real Estate Agent and property owner on North Beach spoke in favor of the 12 project. 13 14 Chairman Mundt closed the public hearing. 15 16 Mr. Lounds emphasized the need to preserve the wetlands and dune lines. 17 18 Ms. Caron suggested alternative technologies such as green technologies. 19 20 Dune restoration will be done before the homes are built. 21 22 Ms. Morgan motioned that after considering the testimony presented during the public 23 hearing including staff comments the Local Planning Agency recommend that the St. Lucie 24 County Board of County Commissioners grant approval to the application for Preliminary 25 PUD Site Plan Approval for the development known as Sunset Beach subject to the 26 limiting conditions Ms. Morgan feels this project is a perfect fit and an asset to St. Lucie 27 County and commended the developer for all the hard work with working with staff and 28 staff with the developer. 29 30 Vice Chair Schrader seconded. 31 32 Roll Call 33 Mr. Culverhouse -yes 34 Mr. Lounds -yes 35 Mr. Reynolds -yes 36 Mr. O'Neil -yes 37 Ms. Hammer - no 38 Ms. Caron -yes 39 Vice Chair Schrader -yes 40 Ms. Morgan -yes 41 Chairman Mundt -yes 42 43 Motion passed 8-1 with Mrs. Hammer dissenting. 44 8 Agenda Request Item Number fl Meeting Date: April 16, 2009 Consent [ ] ~ Regular [ ] • ~ Public Hearing [ X ] Leg. [ ] Quasi-JD [ X J To: Planning and Zoning Commissioners Presented By Submitted By: Growth Management Department Gr h Management Direct SUBJECT: Petition of Sunset Beach Investments, LLC, a Georgia Limited Liability Company, requesting a Waiver from Comprehensive Plan Policies 8.1.14.2 and 8.1.14.5; and, Preliminary Planned Unit Development Site Plan approval for the project to be known as Sunset Beach PUD, a 44 unit residential project on 29.15 acres of land located on the east side of State Road A-1 A on South Hutchinson Island. BACKGROUND: The proposed project consists of 44 single family lots east of the 1988 Coastal Construction Control Line. The subject property is zoned HIRD and the Future Land Use is RU. Approval of this project is contingent upon the Board of County Commissioners granting a Waiver from the following 2 provisions of the Comprehensive Plan: 1) Policy 8.1.14.2 for 0.60 acres of direct impact in a Category 1 wetland to allow the construction of an access roadway on 0.60 acres; and, 2) Policy 8.1.14.5 to allow the encroachment of a 0.02 turf block emergency vehicle turnaround area and a 0.02 acre lift station and turnaround area, in the 50 foot buffer required between the wetland and the residential development activity. Pursuant to Section 11.02.05.A of the St. Lucie County Land Development Code, the Development Review Committee has reviewed the subject application for a Preliminary Planned Unit Development and has determined that it complies with the Standards for Review of Section 11.02.07 and Section 7.01.00, as well as all other requirements of the Code for. As detailed in the staff report, DRC has also determined that this application fora 44 unit PUD meets or exceeds all applicable standards of review, provided certain conditions of approval are met. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Planning and Zoning Commissioners forward this application on to the Board of County Commissioners with a recommendation to adopt draft Resolution No. 09-026, which would grant approval of the petition of Sunset Beach Investments, LLC, for a Waiver from Comp Plan Policies 8.1.14.2. and 8.1.14.5; and grant Preliminary Planned Unit Development Site Plan approval for the project to be known as Sunset Beach-PUD, subject to the limiting conditions. Planning and Zoning: APPROVED ~ DENIED Form No. 07-28 PLANNING & ZONING REVIEW: April 16, 2009 File Number: PUD-06-023 _ - - { GROWTH MANAGEMENT DEPARTMENT • Planning Division • ~ MEMORANDUM TO: Planning ?8~ Z~on~in~g~ Commissioners THROUGH: Mark `el~:~~l~, ~A°11~~ Director Growth Management Department FROM: Kristin Tetswort~ Planning Manag r DATE: April 16, 2009 SUBJECT: Consider Draft Resolution 09-026 granting the Petition of Sunset Beach Investments, LLC, a Georgia Limited Liability Company, a Waiver from the Comprehensive Plan Policies 8.1.14.2 and 8.1.14.5 to allow the applicant to impact the wetlands; and, Preliminary Planned Unit Development Site Plan approval for the project to be known as Sunset Beach PUD. The petition includes a request for an Amendment to the Official Zoning Atlas to change the zoning from the HIRD- Hutchinson Island Residential Zoning District to the PUD (Planned Unit Development -Sunset Beach) Zoning District; however, that will not be effective until such time as the property owner petitions for Final Planned Unit Development Site Plan approval. LOCATION: East side of State Road A-1A, approximately 1,700 feet north of Middle Cove beach access on South Hutchinson Island. ZONING DESIGNATION: HIRD-Hutchinson Island Residential District PROPOSED ZONING: PUD (Planned Unit Development -Sunset Beach) LAND USE DESIGNATION: RU (Residential Urban) PARCEL SIZE: 29.1 acres PROPOSED USE: 44-unit residential subdivision (gross density of 1.5 du/acre) 10.6 acres of Common Open Space (36.4%); and, 12.8 acres of wetlands and 0.5 acres of stormwater (45.60%) SURROUNDING ZONING: HIRD-Hutchinson Island Residential District on the land to the north and the south of the subject property. SURROUNDING LAND USES: To the north is vacant land with the Hutchinson Sands April 16, 2009 Petition: Sunset Beach, PUD Page 2 File: PUD-06-023 Development beyond; and to the south is the Anthem PUD. UTILITY SERVICE: Ft. Pierce Utilities Authority will provide water and sewer to the subject property. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: State Road A-1A is a state highway with an existing right-of- way of 100 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. TABULAR SITE DATA Acreage Type Acreage Percentage of Gross Size Development Area 5.3 acres 18.80% O en S ace: Common O en S ace Beach Access 0.1 acre Walkin Areas 1.7 acres West of Dune 0.8 acres East of Dune 3.4 acres Dune Restoration 3.7 acres Subtotal 10.6 acres 36.40% Wetlands 12.80 acres Stormwater area 1 0.30 acres Stormwater area 2 0.20 acres Subtotal 13.30 acres 45.60% Total 29.15 acres 100.00% April 16, 2009 Petition: Sunset Beach, PUD Page 3 File: PUD-06-023 RECOMMENDATION OF THE DEVELOPMENT REVIEW COMMITTEE Pursuant to Section 11.02.05.A of the St. Lucie County Land Development Code, the Development Review Committee has reviewed the subject application and has determined that it complies with the Standards for Review of Section 11.02.07 and Section 7.01.00, as well as all other requirements of the Code for this Preliminary Planned Unit Development. The DRC has determined that this application fora 44 unit PUD exceeds the minimum standards expressed in the Code through the following ways: 1) Common open space provided equals 36.4% of the gross acreage of the site, whereas the Code requires 35%; 2) Additional areas of wetlands and stormwater detention equal 13.3 acres, or 45.6% of the site; 3) Proposed density equals 1.5 du/ac., whereas the allowable density would be 4 units/ac.; 4) Development areas will occupy only 18.18% of the site and are designed to limit the impacts on the wetlands to the greatest extent possible; 5) A Focal point is provided in the cul-de-sac at the end of Sea Pearl; 6) Recreation area to include a swimming pool with restrooms for all residents to use; 7) Detailed lighting plan illustrating bollard style lighting to reduce negative glare impacts on wildlife with additional restrictions on all exterior lighting on homes and signage; 8) Enhanced landscaping for the dune crossover to encourage connectivity to the beach in one location; 9) Additional enhanced landscaping materials within the buffer will be provided; 10) A Preserve Area Management Plan is provided for the perpetual maintenance of all proposed conservation areas; 11) A Conservation Easement is required for the Dune Preservation Zone, and Wetland Preserve Areas; 12) One credit from the Bear Point Mitigation Bank has already been reserved; and, 13) Site design that allows for all of the proposed lots to abut the dune preservation zone and ultimately face the Atlantic Ocean. In order for this application to be found in compliance with the St. Lucie County Comprehensive Plan and Land Development Code, certain waivers must be granted by the Board of County Commissioners from the following provisions of the Comprehensive Plan: 1) Policy 8.1.14.2 for 0.60 acres of direct impact in a Category 1 wetland to allow the construction of an access roadway; and, 2) Policy 8.1.14.5 to allow the encroachment of a 0.02 turf block emergency vehicle turnaround area and a 0.02 acre lift station and turnaround area, in the 50 foot buffer required between the wetland and the residential development activity. In reviewing the request for the Waiver, the Board of County Commissioners shall consider the following determinations: a. If the requested waiver is granted, it will be subject to the conditions of approval in draft Resolution No. 09-026, and it meets the standards of review as set forth in Policy 8.1.14.2(d) of the St. Lucie County April 16, 2009 Petition: Sunset Beach, PUD Page 4 File: PUD-06-023 Comprehensive Plan. b. If the waiver is granted it will not impair other property or improvements in the neighborhood. c. If the waiver is granted it is the minimum needed to allow for access to the proposed planned unit development and to provide for the retaining wall, access road, parking, turnaround located at the north end of Joe's Pond Drive and structures east of Sea Pearl Drive. d. If the waiver is granted, it meets the general spirit and intent of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. Therefore, pursuant to Section 11.02.05.A of the St. Lucie County Land Development Code, the Chairman of the Development Review Committee recommends to the Growth Management Director that the application be approved with conditions, and that the Director hereby determine the application is certified to move forward in the development review process for consideration by the Planning and Zoning Commissioners and subsequently by the Board of County Commissioners. STANDARDS OF REVIEW AS SET FORTH IN SECTION 7.01.00 and 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed Preliminary PUD Site Plan approval, the Board of County Commissioners and the Planning & Zoning Commissioners shall consider the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code (Land Development Code], the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The applicant, Sunset Beach Investments, LLC., is requesting that this Board approve a Preliminary PUD (Planned Unit Development) site plan fora 29.1-acre tract of land to be developed as the residential project to be known as the Sunset Beach PUD. St. Lucie County's Comprehensive Plan includes numerous policies that support the type of development proposed on the subject property. Some of these policies include: GOALS,OBJ ST. LUCIE COUNTY ECTIVES LAND USE ELEMENT AND GOAL, OBJECTIVE, AND POLICY POLICIES STATEMENTS STAFF ANALYSIS AND COMMENTS GOAL 1.1 ENSURE THE HIGHEST QUALITY LIVING The proposed Planned Unit Development ENVIRONMENT POSSIBLE, THROUGH A was determined to be consistent with this MIXTURE OF LAND USES REFLECTING THE April 16, 2009 Petition: Sunset Beach, PUD Page 5 File: PUD-06-023 NEEDS AND DESIRES OF THE LOCAL Goal based on the further determination RESIDENTS AND HOW THEY WANT THEIR that the proposed Preliminary PUD Site COMMUNITY TO DEVELOP. THE GOAL Plan complies with Section 7.01.00 ofthe SHALL BE IMPLEMENTED BY STRICTLY Land Development Code. ENFORCED BUILDING, ZONING AND DEVELOPMENT CODES BASED ON The primary purpose of the Planned Unit OBJECTIVES AND POLICIES THAT WILL Development District, as laid out in the ENHANCE ST. LUCIE COUNTY'S NATURAL LDC, is that it is intended to achieve AND MAN-MADE RESOURCES WHILE residential land development of superior MINIMIZING ANY DAMAGE OR THREAT OF quality through the encouragement of DEGRADATION TO THE HEALTH, SAFETY flexibility and creativity in design options AND WELFARE OF THE COUNTY'S CITIZENS, that: NATIVE WILDLIFE AND ENVIRONMENT, THROUGH INCOMPATIBLE LAND USES. A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; 8. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. Objective Require through the County's Land The Sunset Beach PUD is consistent with 1.1.4 Development Regulations, specific this Comp Plan Policy. The proposed performance criteria [(i.e., architectural, improvements, together with the enhanced landscaping and separation standards, landscaping and proposed buffering, will Transfer of Development Rights (TDR's)], that further the PUD requirements for all new development be compatible with exemplary site design which will provide surrounding land uses, both existing and natural screening from the adjacent future as represented in this Element. properties to further compatibility of the residential uses. Policy Require that new development be designed 1.1.4.2 and planned in a manner which does not The Sunset Beach PUD property is place an unanticipated economic burden located in the designated service area for upon the services and facilities of St. Lucie the Ft. Pierce Utilities Authority County. department. The Department has provided verification that sufficient ca acit is available to meet the water April 16, 2009 Petition: Sunset Beach, PUD Page 6 File: PUD-06-023 and wastewater service demands of fhe project. Prior to the review of any request for Final PUD Site Plan approval on any portion of the Sunset Beach PUD, the developers will be required to have entered into a formal utility service agreement with the City regarding the provisions of these services. Policy 1.1.4.3 Continue to encourage the use of cluster The Sunset Beach PUD is consistent with housing and planned unit development this Comp Plan Policy. techniques to conserve open space and environmentally sensitive areas, through the The Sunset Beach PUD site totals 29.15 County's Land Development Regulations acres. Ofthat total, 10.6 acres (36.4%) of which include: the gross site area will be set aside as a. minimum acreage "common open space" (as defined by the requirements necessary to County's codes), which exceeds the support a viable mixed use required minimum 35% of open space for community providing this site. sufficient design flexibility to allow innovation and creativity The overall site design includes smaller in all forms of planned unit lots in order to preserve and protect developments; those areas for the re-created and b. minimum open space ratios of restored dune preservation area on 7.9 35% in all planned unit acres. developments and including Additionally, the overall wetlands to be within the PUD documents enhanced consist of 12.8 acres of lakes assurances that such areas and reconstructed marsh systems; and 2 will remain as open space to stormwater areas which total 0.50 acres. protect existing native habitat, These areas occupy 45.6% of the site. to provide for minimum setback needs from adjacent Therefore, only 18.78% of the total gross uses, and to provide active acres of the site will be built upon. It has and passive recreational as been determined that the Sunset Beach well as visual amenities. PUD is consistent with this Comp Plan c. minimum open space Policy. standards; d. provisions ensuring the long term preservation of remaining open spaces.... Policy Provide additional sidewalks, where The Sunset Beach PUD is consistent with 2.3.4.2 necessary, to connect or complete either this Comp Plan Policy due to the fact that existing or proposed sidewalks in a manner the proposed site design includes that provides a complete pedestrian pedestrian trails which will provide beach circulation system. access. Objective Estuarine Water Quality. St. Lucie County The Sunset Beach PUD is consistent with 7.1.4 shall strive to obtain or maintain water quality this Comp Plan Policy because the and trophic state index classifications of stormwater management plan for the "good" for the Indian River Lagoon, Five Mile Sunset Beach PUD has been determined April 16, 2009 Petition: Sunset Beach, PUD Page 7 File: PUD-06-023 Creek, Ten Mile Creek, and the North Fork of to improve the water quality that currently the St. Lucie River by 2000. The County shall enters the St. Lucie River in the area. All enact appropriate regulations which provide the stormwater for the project will be for the maintenance or improvement of water controlled through the development of quality. multiple sub-basins within the development, allowing for maximum water storage on site. All drainage from State Road A-1A will be incorporated into the stormwater management system for the project, improving the water quality of discharge into the St. Lucie River. Policy Access to the beach for new development will The Sunset Beach PUD is consistent with 7.1.5.5 be confined to elevated walkways that protect this Comp Plan Policy because the design dune systems, subject to the Florida includes a dune cross over which will Department of Environmental Protection occupy approximately 0.1 acres of land approval. and will provide access to the beach along the Atlantic Ocean shore line. Policy The County shall not permit development in a The project is not consistent with these 8.1.14.2 Category I or II wetland or any wetland buffer policies. The developers of this Planned associated with these wetlands, except as Unit Development are requesting that the follows: Board of County Commissioners grant a Waiver from this policy. a) Clearing and /or constructing of walking trails; Please refer to page 3 of this staff report for a more in-depth discussion the b) Construction of boardwalks/catwalks circumstances under which a waiver can for direct access to water bodies; be considered by the Board of County construction of wildlife management Commissioners. shelters, footbridges, observation desks and similar structures not requiring a dredge or fill for their placement; and c) Clearing and/or construction of electric/ cable utility, stormwater management, water or wastewater infrastructure as needed to provide public service that does not impair the long term viability of the wetland system. d) Alteration is permissible within Category I and II wetlands, and the required wetland buffer. as necessary for the above activities if: 1. No other reasonable alternative exists and avoidance cannot be achieved; April 16, 2009 Petition: Sunset Beach, PUD Page 8 File: PUD-06-023 2. Such activity is consistent with other policies of the Comprehensive Plan; 3. Such activity complies with the requirements of all Federal, State and Local agencies claiming jurisdiction over wetland alteration and adequate mitigation of any adverse hydrological and physical alterations is provided. 4. No more than 1 percent of any Category I wetland is impacted, except as noted in Policy 8.1.14.3; 5. No more than 15 percent of any Category II wetland is impacted, except as noted in Policy 8.1.14.3; 6. Appropriate mitigation is provided. Policy In addition to the alteration provisions of If this policy is implemented, it would 8.1.14.3 Policy 8.1.14.3(c), alteration of a Category I or result in a compensab/e taking of the property, to the extent necessary to II wetland may be allowed when no other provide minimum reasonable use, public reasonable alternative exists and avoidance or private, of the property. The road and minimization of impacts cannot proposed to provide access to the project otherwise be achieved. Any provision of this will directly impact 0.60 acres of a Comprehensive Plan or the land development Category I wetland. The applicant has code related to the preservation of a Category stafed that due to the size of the wetland, I or II wetland that precludes all reasonable impacts from the ingress-egress road are economically viable use of the property or unavoidable. The wetland extends north would prohibit a reasonable public use of the and south across the property boundary. property and which if applied would result in The roadway alignment was placed to a compensable taking of the property maybe minimize impacts to the wetlands. waived to the extent necessary to provide the Through the Army Corps of Engineers minimum reasonable use, public or private, of avoidance and minimization process, the the property. These provisions shall only be applicant has agreed to (a) provide waived following the review and approval of wetland preservation land which will be the Board of County Commissioners, or their dedicated to the County and the Cops by designee, in a manner set forth in the Land a Conservation Easement, and (b) ' Development Code. The standards for the remove exotics and provide native granting of any waiver shall be set forth in the plantings. It has been the past practice Land Development Code and shall be and policy of the Growth Management consistent with the general standards and Department to support the request for the intent of the Comprehensive Plan. Waiver which has been recently approved on neighboring applications for Pelican Reef and Hutchinson Sands , which have similar circumstances. April 16, 2009 Petition: Sunset Beach, PUD Page 9 File: PUD-06-023 Policy The County shall require a minimum 50-foot The project is not consistent with this 8.1.14.5: buffer between Category I and II wetlands and policy. The developers of this Planned new development activity in order to protect Unit Development are requesting that the water quality, preserve natural functions, and Board of County Commissioners grant a preserve wildlife habitat. The buffer, as waiver from this policy. Please refer to measured landward from the approved page 3 of this staff report for a more in- jurisdictional line, shall be maintained in a depth discussion the circumstances natural vegetative state and be free of exotic under which a waiver can be considered and nuisance species as defined by the by the Board of County Commissioners. Florida Pest Council. B. DENSITY Policy 1.1.1.1; which allows for residential development in the RU (Residential Urban) Future Land Use classification at a maximum of 4 du/acre. Section 7.01.03 (B) of the County's Land Development Code reads as follows: The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA) (7) shall govern. The proposed project has been submitted to the County with a gross density of 44 units, or 1.5 du/acre. This represents a reduction over what might otherwise be permitted by Code, and is therefore determined to be consistent with the County's Comprehensive Plan and Land Development Code. C. EFFECT ON NEARBY PROPERTIES 1. The proposed buildings or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The Sunset Beach PUD is characterized by a large wetland which extends north and south across the property boundary. The roadway alignment was placed to minimize impacts to the wetlands. Through the Army Corps of Engineers avoidance and minimization process, the applicant has agreed to (a) provide wetland preservation land which will be dedicated to the County and the Corps by a Conservation Easement, and (b) remove exotics and provide native plantings. Additionally, the applicant has committed to work with the Mosquito Control District and provide two (2) culvert installations and six (6) culvert re-connections to further enhance the public benefit of this development. Also, one credit from the Bear Point Mitigation Bank has been reserved for the project which will further advance the opportunity for greater public health, safety and general welfare of nearby properties. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed buildings or use on the immediate vicinity through building design, site design, landscaping, and screening. The Preliminary Planned Unit Development Site Plan indicates that the development area for the April 16, 2009 Petition: Sunset Beach, PUD Page 10 File: PUD-06-023 single family lots will occupy 18.18% of the site. The access road for ingress and egress to the site has been designed to limit the impacts on the wetlands to the greatest extent possible. The road proposed to provide access to the project will directly impact 0.60 acres of a Category I wetland. The applicant has stated that due to the size of the wetland, impacts from the ingress-egress road are unavoidable. Enhanced landscaping and a Preserve Area Maintenance Plan will further the intent of the Environmental Resources Department to minimize potential negative impacts on the surrounding environment and ultimately the neighborhood. 3. The proposed buildings or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The proposed development of this site as a Planned Unit Development is consistent with the existing and proposed uses within the area. Bordering the project site to the north is vacant land with the Hutchinson Sands Development beyond. To the south of the subject site is the Anthem PUD. To the east of the project site is the Atlantic Ocean. To the west of the project site is the St. Lucie River Middle Cove. The proposed improvements, together with the enhanced landscaping and proposed buffering, will further the PUD requirements for exemplary site design which will provide natural screening from the adjacent properties to further compatibility of the residential uses. D. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The plans for this project indicate full compliance with the County's minimum Level of Service standards for on-site drainage retention. The developer will comply with County and State Department of Environmental Protection Standards. Where any construction does take place between the 1978 and 1988 Coastal Construction Control lines, all such construction will be in accord with applicable county, state and federal regulations governing flood plain management. The traffic analysis indicates that all roadways within the study area will continue to operate at their existing Level of Service standard. No segment within the project study area is expected to drop in LOS as a result of this project. The traffic analysis did suggest a necessary roadway improvement with relation to the proposed project: • The construction of both left and right turn lanes at the project entrance. The Road and Bridge Manager has reviewed the report and determined that it meets the County's requirements and that the project will not cause roadways in the area to fall below accepted Levels of Service. This determination is based on a maximum of 44 residential units. The Fort Pierce Utilities Authority has issued an approval to provide water for the Preliminary PUD site plan. The approval is conditioned on the requirement that a full set of utility plans be submitted to FPUA for review. Wastewater and reclaimed water are to be provided by St. Lucie County Utilities. E. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County -Fort Pierce Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, April 16, 2009 Petition: Sunset Beach, PUD Page 11 File: PUD-06-023 evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicants have addressed the concerns of the St. Lucie County Fire District with regards to Fire Station Location and facility needs. The fire district has indicated that they are not interested in locating a station at this development location. The developers and the Fire District have entered into an agreement in which the developer shall pay the required Fire Impact Fees. The turning radius at the north end of Joe's Pond Street has been modified to accommodate the requirements of the Fire District. F. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. The Sunset Beach PUD will be served by adequate school facilities. A 44 unit single-family subdivision is expected to generate a possible 15.84 (.36 students per unit) new students. The Sunset Beach PUD is located in School Choice Zone 1. Student assignments from this community will be made consistent with applicable St. Lucie County Board of Education standards and regulations. The Sunset Beach PUD will be subject to the County's Educational Impact Fee Ordinance. G. ENVIRONMENTAL IMPACT The applicants, Sunset Beach Investments, LLC., have submitted an environmental impact report for the development of the Sunset Beach community. Based on the review of this report by the Environmental Resources Department Staff, the following comments are included in the Sunset Beach ERD Final Report and the required Conditions of Approval are included in the draft Resolution Number 09-026. Site Description: This 29.15 acre site is characterized by the following habitat types: 13.4 acres of mangrove swamp (approximately 46% of the total site), 4.4 acres of beach (approximately 15% of the total site), 11.2 acres Australian Pine (approximately 38% of the total site), and 0.1 acres of disturbed areas (less than 1 % of the total site). Endangered Species: The Florida Fish and Wildlife Service correspondence noted the following threatened and endangered species may be affected by the proposed development: Eastern Indigo Snake, Wood stork, Southeastern Beach Mouse, Green Sea Turtle, Loggerhead Sea Turtle, and Leatherback Sea Turtle. Additionally, the wetland may serve as habitat to migratory birds covered under the Migratory Bird Treaty Act. Species-specific management plans and guidelines for each of these species have been requested by this agency and will be required within their issued permit. If federal or state agency compliance requires modification to the development plans, a condition of approval has been included that the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. A Sea Turtle Protection Plan including guidelines for protection of listed sea turtle species consistent with SLC LDC 6.04.02 has been provided. Additionally, ERD will perform anight-time lighting inspection to ensure these protection measures are met prior to issuance of a certificate of occupancy. Proposed Impacts and Development: Through the DRC process, the proposed development has been reduced from an original April 16, 2009 Petition: Sunset Beach, PUD Page 12 File: PUD-06-023 plan of 54 lots in a double row configuration impacting 2.89 acres of wetland, to 44 lots in a single row impacting 0.6 acres of wetland as shown on the included site plan. Wetlands: The proposed development would result in a total impact of 0.6 acres of Category I mangrove wetlands. The Florida Department of Environmental Protection has issued a permit with conditions for the proposed site plan and associated wetland impacts. The required 50-foot wetland buffer has not been provided. Instead an average width of 30 feet of upland buffer is proposed, with width ranging from 0-50 feet. Impacts to the buffer include the proposed access road, lift station, and pool with associated parking. The majority of wetland impacts would be a result of the access road required to reach the buildable uplands onsite. This access road has been designed as a bulkhead in order to reduced wetland impacts by reducing the required width for stabilization. A hydrologic connection is also proposed beneath the access road to maintain natural flow between the preserved wetlands and Joe's Pond. In order to mitigate all impacts associated with the proposed development, the applicant is proposing the following three-fold mitigation plan: • Creation of onsite hydrologic improvements to enhance the quality of the wetlands onsite; • Exotic removal/restorative plantings of preserved wetland and associated buffer, and • Purchase of 1 credit at Bear Point Mitigation Bank. The hydrologic improvements include the connection of existing culverts underA1A north and south of Joe's Pond to the preserved onsite wetlands. Culverts will also be installed under the north and south berms adjacent to Joe's Pond. To further improve flushing, the applicant has also agreed to fund a pump that will be operated and maintained by St Lucie County Mosquito and Control District. Should Board of County Commissioners choose to approve this PUD, a waiver per Comprehensive Plan Policy 8.1.14.3 will also be required to allow the proposed impacts to the Category I wetland buffer required per Comprehensive Plan Policy 8.1.14.2 and 8.1.14.5 that will result from the proposed access road, lift station, and pool with associated parking. Beach Dune Ecosystems: The applicant is proposing 3.7 acres of dune restoration through removal of exotics and replanting of native dune vegetation. All dune restoration activities shall be performed consistent with the FDEP approved Dune Restoration Plan. One dune crossover is proposed, which will also require Florida Department of Environmental Protection approval. Detailed plans of this crossover will be provided to St Lucie County ERD for review. Additionally, a permitfrom Florida Department of Environmental Protection will be required for development seaward of the 1988 Coastal Construction Control Line. Landscaping: A landscape plan consistent with Land Development Code Section 7.09.04 has been provided. This plan proposes 1 tree per every 2500 square feet on each lot, as well as upland buffer plantings between the proposed roadway and wetland where feasible. Additionally, the plan depicts exotic removal and native plantings along the western buffer of A1A. Maintenance and Conservation Documents: A Preserve Area Management Plan is provided for the perpetual maintenance of all April 16, 2009 Petition: Sunset Beach, PUD Page 13 File: PUD-06-023 proposed conservation areas. As requested by the BOCC in similar oceanfront developments, a provision has been included for a Dune Fund, established by the POA, in order to maintain adequate funding for repair of any future overwashes of the dune system. Additionally, an executed conservation easement for all preserve areas has been made a condition of approval. CONDITIONS OF APPROVAL: Per SLC Comprehensive Plan Policy 8.1.14.3, the applicant must receive approval from the Board of County Commissioners for a waiver of the 50' buffer required adjacent to Category I wetlands. The applicant site plan proposes an average 30' buffer, ranging in width from 50' to 0 feet. Prior to issuance of a SLC Vegetation Removal Permit or Exemption, the following conditions must be met: 1. The applicant will comply with all state and federal agency regulations and requirements including but not limited to Florida Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, U.S. Army Corps of Engineers, and Florida Department of Environmental Protection. Prior to approval of a Notice of Vegetation Removal, the applicant shall have obtained and provided SLC with all required federal and state permits, including those for wetland impacts and endangered species permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 2. The applicant shall provide written authorization from Florida Department of Environmental Protection Bureau of Beaches and Coastal Division for construction seaward of the Coastal Construction Line per SLC Comprehensive Plan Policy 7.1.5.1. 3. The applicant shall revise the PAMP as follows: a. Include the maintenance and restoration of the dune will be performed as required "in order to maintain the dune as specified in the dune restoration plan" b. Please include proposed preserve area signage and posting plan 4. Per SLC LDC 6.04.02, the applicant shall revise the Sea Turtle Protection Plan as follows: a. Include the name of the general contractor b. Include construction schedule c. Include a copy of proposed signage d. Include a reference regarding compliance with all standards set forth in 6.04.02 of the SLC LDC. e. Include a required onsite meeting and lighting inspection with ERD staff 5. The applicant shall revise the HOA/Covenants Conditions and Restrictions documents to include references to the PAMP, Dune Restoration, and Conservation easement documents. 6. Within 90 days of site plan approval or prior to approval of a Notice of Vegetation Removal, whichever comes first, the applicant shall provide all required executed SLC conservation (or SFWMD) easements, with a PAMP to be recorded as affidavit to the easement, for all preserves onsite, including the dune preservation zone and wetland with associated buffer as depicted on the site plan, along with a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. No easement will be approved if there are modifications made to the SLC or SFWMD easement form without prior April 16, 2009 Petition: Sunset Beach, PUD Page 14 File: PUD-06-023 approval of the County Attorney and ERD. Failure to perform this condition within the specified timeframe may result in revocation of the site plan approval. 7. The applicant shall provide a copy of the Stormwater Pollution Prevention Plan issued through Florida Department of Environmental Protection per SLC LDC 6.00.05(C)14 and 6.02.01(C2. 8. Landscape Plan shall be revised as follows: a. Include statement that all installed plant materials shall be irrigated "in accordance with SLC LDC 7.09.03(C); b. Include statement that all plant materials specified as Florida No. 1 grade or better Per SLC LDC 7.09.03(E); c. Include statement that cypress mulch is prohibited per SLC LDC 7.09.04(L)3.a, on the Landscape Plan. 9. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement for all required landscaping and tree mitigation, including on-site and off-site preservation and/or relocation. Cultural Resource Assessment Preliminary findings indicate that the site does not contain any sites that meet the eligibility requirements for designation as a historic site. H. PLANNED UNIT DEVELOPMENT ASSESSMENT The applicant, Sunset Beach Investments. LLC, is requesting Preliminary PUD (Planned Unit Development) Site Plan approval for the entire 29.15-acre tract of land to be developed as the Sunset Beach PUD. The proposed change in zoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. According to Section 7.01.01 of the LDC, the purpose of the Planned Unit Development (PUD) zoning district is to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential land reflecting changes in the technology of land development; The applicant's proposed design includes a residential project with 44 residential units. The 44 residential units are proposed to be broken down as follows: Unit T e Number of Units Price Ran e Sin le famil 44 $350,000 - $1,000,000 The proposed site layout includes, as a major component of the projects overall design, a dune cross-over to provide access to the public beach. The site design integrates "Joe's Pond" within the north-western quadrant that will be maintained by the Sunset Beach Property Owners Association. The applicant shall provide written authorization from FDEP Bureau of Beaches and Coastal Division for construction seaward of the Coastal Construction Line per St. Lucie Comprehensive Plan Policy 7.1.5.1. The applicant shall provide copies of all final permits for wetland impacts from jurisdictional agencies pursuant to St. Lucie County Comprehensive Plan Policy 8.1.4.5. Additionally, the applicant shall provide a Preserve Area Management and Monitoring Plan (PAMP) approved by the St. Lucie County Environmental Resource Department (ERD). As part of the site plan package, the applicant is proposing to enhance the Landscape Plan for the project by providing April 16, 2009 Petition: Sunset Beach, PUD Page 15 File: PUD-06-023 streetscaping, landscaping, signage and signage features and accent lighting. 8. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with a spine roadway network system internally connecting the entire project. There is only one main access point on to State Road A-1 A. Ft. Pierce Utilities Authority will be providing water and sewer to the subject property. The applicant has provided verification from the County that sufficient capacity is available to meet the demands of this project. The applicant as part of the infrastructure improvements will be required to extend the water and sewer lines into the subject site. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and, The neighboring developments to the north and south of the subject are residential in nature. The Hutchinson Sands Development is comprised of seven high rise buildings to the north. Anthem PUD is a residential neighborhood nearby to the south. The site design of Sunset Beach PUD incorporates single family residences of similar style and price range and allows for all of the proposed lots to abut the dune preservation zone and ultimately face the Atlantic Ocean. The proposed improvements are generally consistent with the other recent approvals in the immediate vicinity and will serve to further compatibility with the other proposed and existing developments. D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation and open space. Overall, the applicant's proposed design reflects a project that incorporates the existing environmental features and remaining native vegetation into the site design. A swimming pool with restrooms will be provided for residents in addition to the natural resource of approximately 1,800 lineal feet of beach frontage. There will be one dune cross over provided for the use of the residents. Of the 29.15 acre site, 10.6 acres (36.4%) is designated as "common open space" (36.4%) which includes 3.4 acres of common area east of the dunes, 0.8 acres west of the dune and 3.7 acres for dune restoration. The dune cross over will occupy approximately 0.1 acres of land and will provide access to the beach along the Atlantic Ocean shore line. Other areas to remain open and in their natural state are 12.8 acres of wetlands. There are 2 stormwater areas for a total of 0.5 acres. Both of these open areas account for 45.60% of the site. 1. SUMMARY COMMENTS The application for Preliminary Planned Unit Development (PUD) site plan approval has been reviewed by the Development Review Committee of St. Lucie County for consistency with the St. Lucie County Comprehensive Plan as well as compliance with the provisions of the St. Lucie County Land Development Code. It has been determined to meet or exceed all applicable standards of review, provided certain conditions of approval are met. The Environmental Resources Department has attached the Companion Report. In addition, the ERD Memorandum dated December 19, 2008 has been attached which includes the conditions of approval for this project. April 16, 2009 Petition: Sunset Beach, PUD Page 16 File: PUD-06-023 Staff has determined that the requested Preliminary Planned Unit Development Plan for the Sunset Beach PUD is compatible with the existing and proposed uses in the area. This petition, as proposed and subject to the recommended conditions of approval, meets and exceeds the standards of review as set forth in Section 11.02.07, as well as 7.01.00 of the St. Lucie County Land Development Code. Further, if the requested Waivers are granted, subject to the recommended conditions of approval, the proposed PUD is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Attached is a copy of draft Resolution No. 09-026, which would grant approval of the petition of Sunset Beach Investments, LLC, for a Waiver from the Comprehensive Plan Policies 8.1.14.2 and 8.1.14.5; and, Preliminary Planned Unit Development Site Plan approval for the project to be known as Sunset Beach PUD, subject to the limiting conditions. The petition includes a request for an Amendment to the Official Zoning Atlas to change the zoning from the HIRD- Hutchinson Island Residential Zoning District to the PUD (Planned Unit Development -Sunset Beach) Zoning District; however, that will not be effective until such time as the property owner petitions for Final Planned Unit Development Site Plan approval. Please contact this office if you have any questions on this matter. SUBMITTED: Kristin Tetsworth Development Review Committee Chair Attachment cc: County Administrator County Attorney Public Works Director Environmental Resource Manager H:\Planning\Sunset BeachMEM10-04-2005.doc Environmental Resources ~ - Department • Agenda Item Companion Report TO: Planning and Zoning Commission FROM: Jennifer Evans Environmental Resources Department DATE: April 2, 2009 RE: Sunset Beach DEPARTMENT COORDINATION ERD coordinated with Growth Management, as well as other members of the Development Review Committee, regarding this project. ERD INPUT ERD input has been provided in the attached staff report and supporting materials, ERD RECOMMENDATION If the Board of County Commissioners should grant the required wetland and buffer variance, ERD supports Growth Management's recommendation of approval with conditions as outlined in the resolution.. i nature - .J . . ' ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: Kristin Tetsworth, DRC Planner FROM: Jennifer Evans, Environmental Planning Coordinator-TVC DATE: December 19, 2008 RE: Sunset Beach PUD Final Report Site Description: This 29.15 acre site is characterized by the following habitat types: 13.4 acres of mangrove swamp (approximately 46% of the total site), 4.4 acres of beach (approximately 15% of the total site), 11.2 acres Australian Pine (approximately 38% of the total site), and 0.1 acres of disturbed areas (less than 1% of the total site). Endangered Species: The Florida Fish and Wildlife Service correspondence noted the following threatened and endangered species maybe affected by the proposed development: Eastern Indigo Snake, Wood stork, Southeastern Beach Mouse, Green Sea Turtle, Loggerhead Sea Turtle, and Leatherback Sea Turtle. Additionally, the wetland may serve as habitat to migratory birds covered under the Migratory Bird Treaty Act. Species- specific management plans and guidelines for each of these species have been requested by this agency and will be required within their issued permit. If federal or state agency compliance requires modification to the development plans, a condition of approval has been included that the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. A Sea Turtle Protection Plan including guidelines for protection of listed sea turtle species consistent with SLC LDC 6.04.02 has been provided. Additionally, ERD will perform aright-time lighting inspection to ensure these protection measures are met prior to issuance. of a certificate of occupancy. Proposed Impacts and Development: Through the DRC process, the proposed development has been reduced from an original plan of 54 lots in a double row configuration impacting 2.89 acres of wetland, to 441ots in a single row impacting 0.6 acres of wetland as shown on the included site plan. Wetlands: The proposed development would result in a total impact of 0.6 acres of Category I mangrove wetlands. The Florida Department of Environmental Protection has issued a permit with conditions for the proposed site plan and associated wetland impacts. The required 50-foot wetland buffer has not been provided. Instead an average width of 30 feet of upland buffer is proposed, with width ranging from 0-50 feet. Impacts to the buffer include the proposed access road, lift station, and pool with associated parking. The majority of wetland impacts would be a result of the access road required to reach the buildable uplands onsite. This access road has been designed as a bulkhead in order to reduced wetland impacts by reducing the required width for stabilization. A hydrologic connection is also proposed beneath the access road to maintain natural flow between the preserved wetlands and Joe's Pond. In order to mitigate all impacts associated with the proposed development, the _ applicant is proposing the following three-fold mitigation plan: • Creation of onsite hydrologic improvements to enhance the quality of the wetlands onsite; • Exotic removal/restorative plantings of preserved wetland and associated buffer, and • Purchase of 1 credit at Bear Point Mitigation Bank. The hydrologic improvements include the connection of existing culverts under AlA north and south of Joe's Pond to the preserved onsite wetlands. Culverts will also be installed under the north and south berms adjacent to Joe's Pond. To further improve flushing, the applicant has also agreed to fund a pump that will be operated and maintained by St Lucie County Mosquito and Control District. Should Board of County Commissioners choose to approve this PUD, a waiver per Comprehensive Plan Policy 8.1.14.3 will also be required to allow the proposed impacts to the Category I wetland buffer required per Comprehensive Plan Policy 8.1.14.2 and 8.1.14.5 that will result from the proposed access road, lift station, and pool with associated parking. Beach Dune Ecosystems: The applicant is proposing 3.7 acres of dune restoration through removal of exotics and replanting of native dune vegetation. All dune restoration activities shall be performed consistent with the FDEP approved Dune Restoration Plan. One dune crossover is proposed, which will also require Florida Department of Environmental Protection approval. Detailed plans of this crossover will be provided to St Lucie County ERD for review. Additionally, a permit from Florida Department of Environmental Protection will be required for development seaward of the 1988 Coastal Construction Control Line. Landscaping• A landscape plan consistent with Land Development Code Section 7.09.04 has been provided. This plan proposes 1 tree per every 2500 square feet on each lot, as well as upland buffer plantings between the proposed roadway and wetland where feasible. Additionally, the plan depicts exotic removal and native plantings along the western buffer of AlA. Maintenance and Conservation Documents: A Preserve Area Management Plan is provided for the perpetual maintenance of all proposed conservation areas. As requested by the BOCC in similar oceanfront developments, a provision has been included for a Dune Fund, established by the POA, in order to maintain adequate funding for repair of any future overwashes of the dune system. Additionally, an executed conservation easement for all preserve areas has been made a condition of approval. CONDITIONS OF APPROVAL: Per SLC Comprehensive Plan Policy 8.1.14.3, the applicant must receive approval from the Board of County Commissioners for a waiver of the 50' buffer required adjacent to Category I wetlands. The applicant site plan proposes an average 30' buffer, ranging in width from 50' to 0 feet. Prior to issuance of a SLC Vegetation Removal Permit or Exemption, the following conditions must be met: 1. The applicant will comply with all state and federal agency regulations and requirements including but not limited to Florida Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, U.S. Army Corps of Engineers, and Florida Department of Environmental Protection. Prior to approval of a Notice of Vegetation Removal, the applicant shall have obtained and provided SLC with all required federal and state permits, including those for wetland impacts and endangered species permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 2. The applicant shall provide written authorization from Florida Department of Environmental Protection Bureau of Beaches and Coastal Division for construction seaward of the Coastal Construction Line per SLC Comprehensive Plan Policy 7.1.5.1. 3. The applicant shall revise the PAMP as follows: a. Include the maintenance and restoration of the dune will be performed as required "in order to maintain the dune as specified in the dune restoration plan, b. Please include proposed preserve area signage and posting plan 4. Per SLC LDC 6.04.02, the applicant shall revise the Sea Turtle Protection Plan as follows: a. Include the name of the general contractor b. Include construction schedule c. Include a copy of proposed signage d. Include a reference regarding compliance with all standards set forth in 6.04.02 of the SLC LDC. e. Include a required onsite meeting and lighting inspection with ERD staff S. The applicant shall revise the HOA/Covenants Conditions and Restrictions documents to include references to the PAMP, Dune Restoration, and Conservation easement documents. 6. Within 90 days of site plan approval or prior to approval of a Notice of Vegetation Removal, whichever comes first1 the applicant shall provide all required executed SLC conservation (or SFWMD) easements, with a PAMP to be recorded as affidavit to the easement, for all preserves onsite, including the dune preservation zone and wetland with associated buffer as depicted on the site plan, along with a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. No easement will be approved if there are modifications made to the SLC or SFWMD easement form without prior approval of the County Attorney and ERD. Failure to perform this condition within the specified timeframe may result in revocation of the site plan approval. 7. The applicant shall provide a copy of the Stormwater Pollution Prevention Plan issued through Florida Department of Environmental Protection per SLC LDC 6.00.05 (C)14 and 6.02.01(C2. 8. Landscape Plan shall be revised as follows: a. Include statement that all installed plant materials shall be irrigated "in accordance with SLC LDC 7.09.03(C); b. Include statement that all plant materials specified as Florida No. 1 grade or better Per SLC LDC 7.09.03(E); c. Include statement that cypress mulch is prohibited per SLC LDC 7.09.04(L)3.a, on the Landscape Plan. 9. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement for all required landscaping and tree mitigation, including on-site and off-site preservation and/or relocation. 1 RESOLUTION NO. 09-026 2 FILE NO.: PUD 06-023 3 4 5 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 7 ST. LUCIE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO THE 8 OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE 9 HIRD-HUTCHINSON ISLAND RESIDENTIAL ZONING DISTRICT TO 10 THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT; GRANTING 11 A WAIVER FROM THE COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 12 8.1.14.5; AND GRANTING PRELIMINARY PLANNED UNIT 13 DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE 14 KNOWN AS SUNSET BEACH-PUD ON 29.15 ACRES OF LAND 15 SITUATE IN ST. LUCIE COUNTY, FLORIDA 16 17 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 18 testimony and evidence, including but not limited to the staff report, has made the following 19 determinations: 20 21 WAIVER 22 23 1. Sunset Beach Investments, LLC, a Georgia Limited Liability Company, presented a 24 petition for a waiver from the Comprehensive Plan Policy 8.1.14.2 for 0.60 acres of 25 direct impact in a Category 1 wetland to allow the construction of an access roadway; 26 and, Policy 8.1.14.5 to allow the encroachment of a 0.02 turf block emergency vehicle 27 turnaround area and a 0.02 acre lift station and turnaround area, in the 50 foot buffer 28 required between the wetland and the residential development activity, located on 29 South Hutchinson Island for certain property in St. Lucie County, Florida. The purpose 30 is to provide for Preliminary Planned Unit Development Site Plan approval for the 31 project to be known as Sunset Beach -PUD which is a proposed 44 unit residential 32 subdivision on the East side of South Ocean Drive approximately 1,700 feet north of 33 the Middle Cove beach access in the HIRD (Hutchinson Island Residential District) 34 Zoning District. 35 36 2. On May 19, 2009, this Board held a public hearing on the petition of Sunset Beach 37 Investments, LLC, after publishing a notice of such hearing in the St. Lucie News 38 Tribune and notifying by mail all property owners within 500 feet at least 10 days prior to 39 the hearing, for the property depicted on the attached Maps as Exhibit "A" and described 40 in Section "G" below. 41 42 3. After consideration of the testimony presented during the May 19, 2009 public hearing, 43 including staff comments and the standards of review for granting a waiver as set out in 44 Policy 8.1.14.2(d), St. Lucie County Comprehensive Plan, the Board of County 45 commissioners has made the following determination: 46 47 a. The requested waiver, subject to the conditions in Section F below 48 meets the standards of review as set forth in Policy 8.1.14.2(d) of 49 the St. Lucie County Comprehensive Plan. 1 2 b. The waiver granted will not impair other property or improvements 3 in the neighborhood. 4 5 c. The waiver granted is the minimum needed to allow for access to 6 the proposed planned unit development and to provide for the 7 retaining wall, access road, parking, turnaround located at the 8 north end of Joe's Pond Drive and structures east of Sea Pearl 9 Drive. 10 11 d. The waiver granted meets the general spirit and intent of the St. 12 Lucie County Land Development Code and the St. Lucie County 13 Comprehensive Plan. 14 15 SITE PLAN 16 17 18 4. On April 16, 2009, the St. Lucie County Planning and Zoning Commission held a public 19 hearing on the petition of Sunset Beach Investments, LLC, after publishing a notice of 20 such hearing in the St. Lucie News Tribune and notifying by mail all property owners 21 within 500 feet at least 10 days prior to the hearing, and recommended that the Board of 22 County Commissioners (approve/deny) the Preliminary Planned Unit Development for 23 the project to be known as Sunset Beach- PUD for the property depicted on the attached 24 Maps as Exhibit "A" and described in Section "G" below. 25 26 5. The Development Review Committee has reviewed the Preliminary Planned Unit 27 Development Site Plan for the proposed project and found it to meet all technical 28 requirements and to be consistent with the future land use maps of the St. Lucie 29 County Comprehensive Plan, subject to the conditions set forth in Section F of this 30 Resolution. 31 32 6. The proposed project is consistent with the general purpose, goals, objectives, and 33 standards of the St. Lucie County Land Development Code, the St. Lucie County 34 Comprehensive Plan and the Code of Ordinances of St. Lucie County. 35 36 7. The proposed project will not have an undue adverse effect on adjacent property, the 37 character of the neighborhood, traffic conditions, parking, utility facilities, or other 38 matters affecting the public health, safety and general welfare. 39 40 8. All reasonable steps have been taken to minimize any adverse effect of the proposed 41 project on the immediate vicinity through building design, site design, landscaping, and 42 screening. 43 44 9. The proposed project will be constructed, arranged and operated so as not to interfere 45 with the development and use of neighboring property, in accordance with applicable 46 district regulations. 47 48 10. The proposed project will be served by the Fort Pierce Utilities Authority for potable 49 water and the St. Lucie County Utilities for wastewater services. 50 51 1 2 11. The applicant has demonstrated that water supply, evacuation facilities, and 3 emergency access are satisfactory to provide adequate fire protection. 4 5 6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 7 Lucie County, Florida: 8 9 WAIVER 10 11 A. The petition for a Waiver from the Provisions of Policy 8.1.14.2 and 8.1.14.5, St. 12 Lucie County Comprehensive Plan, for the alteration of wetlands and impacts to 13 wetland buffers when no other reasonable alternative exists and avoidance and 14 minimization of impacts cannot otherwise be achieved, submitted by Sunset Beach 15 Investments, LLC, a Georgia Limited Liability Company is granted for the property 16 described below, subject to the following conditions described in Section F: 17 18 B. The property on which this waiver request is being approved/denied is described in 19 Section G. 20 21 C. This waiver will allow for the access road for the project to be known as Sunset 22 Beach to directly impact 0.60 acres of a Category 1 wetland. Due to the size of the 23 wetland, the impacts from the ingress-egress road, parking, turnaround and buildings 24 are unavoidable. 25 26 D. This waiver shall not be valid for a period longer than the approval granted in Section 27 H of this Resolution. 28 29 E. The Waivers granted under this Resolution are to enable development of the site as 30 depicted on the Preliminary Planned Unit Development Site Plan drawings prepared 31 by Kimley-Horn and Associates, Inc., dated April 2008 and date stamped received by 32 the St. Lucie County Growth Management Director on April 3, 2009 and is limited to 33 the uses and site design approved by the Board of County Commissioners on May 34 19, 2009. Any modifications that have an environmental impact must be approved 35 by the Board of County Commissioners or said Waiver is null and void (unless the 36 proposed changes are required to meet conditions of approval.) 37 38 SITE PLAN 39 40 F. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the 41 Preliminary Planned Unit Development Site Plan for the project to be known as 42 Sunset Beach-PUD, is hereby approved as shown on the site plan drawings for the 43 project prepared by Kimley-Horn and Associates, Inc., dated April 2008 and date 44 stamped received by the St. Lucie County Growth Management Director on April 3, 45 2009 subject to the following conditions: 46 47 1. Prior to Final Planned Unit Development Site Plan approval, the property owner 48 shall obtain from the BOCC a Waiver pursuant to Comprehensive Plan Policy 49 8.1.14.3. which requires a 50 foot buffer adjacent to Category I wetlands. The 50 applicant's site plan proposes an average 30' buffer, ranging in width from 50' to 51 0 feet. 1 2. Prior to issuance of a SLC Vegetation Removal Permit or Exemption, the 2 following conditions must be met: 3 4 1. The applicant will comply with all state and federal agency regulations and 5 requirements including but not limited to Florida Fish and Wildlife Service, 6 Florida Fish and Wildlife Conservation Commission, U.S. Army Corps of 7 Engineers, and Florida Department of Environmental Protection. Prior to 8 approval of a Notice of Vegetation Removal, the applicant shall have 9 obtained and provided SLC with all required federal and state permits, 10 including those for wetland impacts and endangered species permits. If 11 federal or state agency compliance requires modification to the development 12 plans, the applicant will promptly modify the plans and submit to SLC for 13 review and approval as required by the LDC. The applicant will not use the 14 County's development approval to prevent compliance with any federal or 15 state agency requirements. 16 2. The applicant shall provide written authorization from Florida Department of 17 Environmental Protection Bureau of Beaches and Coastal Division for 18 construction seaward of the Coastal Construction Line per SLC 19 Comprehensive Plan Policy 7.1.5.1. 20 3. The applicant shall revise the PAMP as follows: 21 a. Include the maintenance and restoration of the dune will be performed 22 as required "in order to maintain the dune as specified in the dune 23 restoration plan" 24 b. Please include proposed preserve area signage and posting plan 25 4. Per SLC LDC 6.04.02, the applicant shall revise the Sea Turtle Protection 26 Plan as follows: 27 a. Include the name of the general contractor 28 b. Include construction schedule 29 c. Include a copy of proposed signage 30 d. Include a reference regarding compliance with all standards set forth 31 in 6.04.02 of the SLC LDC. 32 e. Include a required onsite meeting and lighting inspection with ERD 3 3 staff 34 5. The applicant shall revise the HOA/Covenants Conditions and Restrictions 35 documents to include references to the PAMP, Dune Restoration, and 36 Conservation easement documents. 37 6. Within 90 days of site plan approval or prior to approval of a Notice of 38 Vegetation Removal, whichever comes first1 the applicant shall provide all 39 required executed SLC conservation (or SFWMD) easements, with a PAMP 40 to be recorded as affidavit to the easement, for all preserves onsite, including 41 the dune preservation zone and wetland with associated buffer as depicted 42 on the site plan, along with a cashier's check, payable to the Clerk of the 43 Court for the appropriate recording fees, to the County Attorney for review 44 and approval. No easement will be approved if there are modifications made 45 to the SLC or SFWMD easement form without prior approval of the County 46 Attorney and ERD. Failure to perform this condition within the specified 47 timeframe may result in revocation of the site plan approval. 48 7. The applicant shall provide a copy of the Stormwater Pollution Prevention 49 Plan issued through Florida Department of Environmental Protection per SLC 50 LDC 6.00.05(C)14 and 6.02.01(C2. 51 8. Landscape Plan shall be revised as follows: 1 a. Include statement that all installed plant materials shall be 2 irrigated "in accordance with SLC LDC 7.09.03(C); 3 b. Include statement that all plant materials specified as Florida No. 4 1 grade or better Per SLC LDC 7.09.03(E); 5 c. Include statement that cypress mulch is prohibited per SLC LDC 6 7.09.04(L)3.a, on the Landscape Plan. 7 9. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant g shall execute an improvement agreement for all required landscaping and 9 tree mitigation, including on-site and off-site preservation andlor relocation. 10 11 3. Prior to Final PUD Site Plan approval, the developer, successor or assignee shall 12 submit an application for Final PUD Site Plan approval which shall meet the 13 requirements of Section 11.02.05.6 and shall meet the criteria for substantial 14 conformity with this Preliminary PUD Site Plan. 15 16 4. Prior to issuance of a construction permit for this project, the developers, their 17 successors and assigns, shall have entered into an enforceable utility service 18 agreement with St. Lucie County Utilities to ensure the provision of sewer 19 services. This agreement shall be in a form consistent with St. Lucie County 20 Utility District regulations regarding utility service extensions and service 21 provisions. 22 23 5. Prior to issuance of a construction permit for this project, the developers, their 24 successors and assigns, shall have entered into an enforceable utility service 25 agreement with Fort Pierce Utilities Authority to ensure the provision of water 26 services. This agreement shall be in a form consistent with Fort Pierce Utilities 27 Authority regulations regarding utility service extensions and service provisions. 28 29 6. Prior to the Final Plat approval and issuance of building permits for the project, 30 the developer, his successors or assigns, shall submit a County Stormwater 31 application and pay the applicable fees. 32 33 7. Prior to the Final Plat approval and issuance of building permits for the project, 34 the developer, his successors or assigns, shall provide proof of receipt of the 35 required South Florida Water Management District Environmental Resource 36 permit. 37 38 8. Prior to Final PUD Site Plan approval the following notations shall be made on 39 the Final Site Plan: 40 1. Sheet L-15 -Irrigation Plan -The street name Joe's Point should read 41 Joe's Pond. 42 43 2. Sheets 8, 9, 10, 15 -State Road A1A is missing its right-of-way. Please 44 include. 45 46 3. Environmental Resources Department has made a Conservation 47 Easement a requirement for the Dune Preservation Zone, and Wetland 48 Preserve Areas. On all Site Plan sheets pertaining to the Conservation 49 area, please delineate the Conservation easement and Preservation & 50 Wetland Areas. 51 1 2 9. Prior to recordation of the first plat, all property included in the legal 3 description of the petition shall be subject to a Declaration of Restrictions and 4 Covenants acceptable to the County Attorney's office which shall include the 5 following: 6 7 a. Formation of a single "master" property owner's association, automatic 8 voting membership in the master association by any party holding title 9 to any portion of the subject property, and assessment of all members 10 of the master association for the cost of maintaining all common areas. 11 b. All recreation parcels shall be deed restricted to recreation for the use 12 of the residents of the development. At the time of turnover of the 13 POA/HOA, the recreation parcel shall be turned over to the 14 association at no cost to the residents. 15 c. The property shall not be subject to the Declaration of Restrictions in 16 phases. Approval of the Declaration must be obtained from the 17 County Attorney's office prior to the recordation of the first plat for any 18 portion of the planned development. This Declaration shall be 19 amended when additional units are added to the PUD. 20 21 22 G. The property on which this Preliminary Planned Unit Development Site Plan approval 23 is being granted is described as follows: 24 25 GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE 26 RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS 27 THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 28 35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA. 29 30 LOCATION: On the east side of South Ocean Drive on South Hutchinson 31 Island, 1700 ft north of Middle Cove Beach access. 32 33 H. The approvals and authorizations granted by this Resolution for the purpose of 34 obtaining building permits on this property, shall expire on May 19, 2011, unless an 35 extension has been granted in accordance with Section 11.02.06(8)(3), St. Lucie 36 County Land Development Code. 37 38 I. The Preliminary Planned Unit Development Site Plan approval granted under this 39 Resolution is specifically conditioned to the requirement that the petitioner, Sunset 40 Beach Investments, LLC, including any successors in interest, shall obtain all 41 necessary development permits and construction authorizations from the appropriate 42 State and Federal regulatory authorities, including but not limited to; the United 43 States Army Corp of Engineers, the Florida Department of Environmental Protection, 44 and the South Florida Water Management District, prior to the issuance of any local 45 building permit of authorizations to commence development activities on the property 46 described in Section G. 47 48 J. The conditions set forth in Section F are an integral non-severable part of the 49 Preliminary Planned Unit Development Site Plan approval granted by this 50 Resolution. If any condition set forth in Section F is determined to be invalid or 1 unenforceable for any reason and the developer declines to comply voluntarily with 2 that condition, the Preliminary Planned Unit Development Site Plan approval granted 3 by this resolution shall become null and void. 4 5 K. The petition includes a request for an Amendment to the Official Zoning Atlas to change 6 the zoning from the HIRD- Hutchinson Island Residential Zoning District to the PUD 7 (Planned Unit Development - Sunset Beach) Zoning District; however, that will not be 8 effective until such time as the property owner petitions for Final Planned Unit 9 Development Site Plan approval. 10 11 L. Upon approval of the Final PUD Site Plan, the Board of County Commissioners shall 12 direct the Growth Management Director to amend the Official Zoning Atlas to reflect 13 Planned Unit Development (PUD) Zoning for the approved development described in 14 Part G. 15 16 M. A copy of this Resolution shall be attached to the site plan drawings described in 17 Section F, which plan shall be placed on file with the St. Lucie County Growth 18 Management Director. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY) 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 1 2 3 4 5 6 7 8 After motion and second, the vote on this resolution was as follows: 9 10 11 Chair Paula A. Lewis XXX 12 13 Vice-Chair Charles Grande XXX 14 15 Commissioner Doug Coward XXX 16 17 Commissioner Chris Craft XXX 18 19 Commissioner Chris Dzadovsky XXX 20 21 PASSED AND DULY ADOPTED this 19th day of May 2009. 22 23 24 BOARD OF COUNTY COMMISSIONERS 25 ST. LUCIE COUNTY, FLORIDA 26 27 28 29 BY 30 Chair 31 32 33 ATTEST APPROVED AS TO FORM 34 AND CORRECTNESS 35 36 37 38 Deputy Clerk County Attorney 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 U J J rn ~ o ~ w 41~ ~ ~ t~ o E v ~ N ~ I ~ ~ o ~ p ~ G° € > m Cfl ~ / I ~ ~ ~ ry ~ ` I G. ~ .tea ~ J \r ~ ~ Al ~ I v a L (n 0 ~ i I (~i ~ o m i ~ ~ ~ PJa~iw I m ~ o~ ~ . 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Z'~ m ~ di LL C C • V 7 ~ d U ~ ma~~ ~ ~ ~LLv~ ~~a~ m ~ o o N = ~ ~ c ~ U c~ m c 0 U U L i~ 0 U ~ N ~ O ~ ~ ¦ ¦ ¦ ¦ ¦ Z m 0 t~ ~ ° ''hh, o ~~ag s q a ~ ~ ~ a (n U a ~ (9 l U (0 m a~ y- f~ pce ~ P~~a~t`c ~ ~.y f.. ~ ~ _ ~ ~ 0 ~ G~PNO Cfl C 1 g0 O ~ 0 ~ ~ _ ~ ~ ~ ~ C L U CQ ~ > c _ ~ o N a~ (n ~ J C J (B Q) L y-+ U U i t~ Q O U ~ N ~ O ~ O ~ ~ ANACOSTIA P\ Hutchin on an s Hutchinson Sands Sunse D Sunse O~ ~9 2 o,A N~ 20 UD OFFICE USE ONLY ~ ~ DATE FILED: SP NUMBER: V - REVIEW FEE: RECEIPT NO: RESOLUTION NO: CONCURRENCY FEE: RECEIPT NO: CERT. CAPACITY NO: _ i ~ - ST. LUCIE COUNTY GROWTH MANAGEMENT DEPTARMENT 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982-5652 772-462-2822 APPLICATION FOR CHANGE IN ZONING TO PLANNED DEVELOPMENT (PUD, PNRD, PMUD) and CERTIFICATE OF CAPACITY DIRECTIONS Please complete the requested information and submit all items to the St. Lucie County Growth Management Department, 2300 Virginia Avenue, Ft. Pierce, FL 34982. The proper non-refundable application fee must accompany all applications. For assistance in submitting the application, please contact the St. Lucie County Growth Management Department, Planning Division. REVIEW FEES and THRESHOLDS PRELIMINARY PLAN FINAL PLAN Required Review Fee Less than 20 acres $ 1 X00.00 $ 500.00 + $5.00 per acre over 50 acres 20 acres to 49 acres ~ $ 1,800.00 50 + acres $ 2,0 0 + $ 5.00 per acre over 50 acres Concurrence Fee .'$200.00 $ 250.00 i`linimum Size PUD 5 contiguous acres of land under common ownership or control PNRD In Residential Land Use 10,000 square feet minimum lot size (under common ownership or control) In Commercial Land Use 20,000 square feet minimum lot size (under common ownership or control) [n Industrial Land Use 20,000 square feet minimum lot size (under common ownership or control) In Mixed Land Use 20,000 square feet minimum lot size (under common ownership or control) PMUD 1 acre of land per proposed land use within a Planned Mixed Use Develo ment under common ownershi or control Plat Fee (no im rovements N/A $250.00 Planned Development Extension $300.00 Initial submission shall include the following: 1) One (1) original of the completed site plan application. 2) Twenty (20) copies of the site plan graphics. (24 inches by 36 inches sheets) 3) Twenty (20) copies of the landscape plan. 4) Twenty (20) copies of the requited boundary and topographic survey. } f' 0[~~ 5) Five (5) copies of the Transportation Impact Report (if applicable). y 6) Five (5) copies of the Environmental Impact Report (if applicable). 7) Five (5) copies of the Preliminary Drainage Data. 8) Two (2) copies of Aerial. 9) One (l) copy of the St. Lucie County Property Appraiser Tax Map (Scale 1:200) with property under petition highlighted All applications for a Planned Development must be completed and filed with the Department before 4:30 PM each business day to meet applicable Tiling deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. PROJECT INFORMATION LOCATION/SITE ADDRESS South Hutchinson Island, St. Lucie County, 1,700 feet north of Middle Cove beach PUD/PNRD/PMUD NAME Sunset Beach PROPERTY TAX ID NUMBERS 2529-233-002-000/0 LEGAL DESCRIPTION (attach extra GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE RIGHT OF sheets if necessary) WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA SECTION 29 OWNSHIP 35S RANGE 41 E PARCEL SIZE ORES 29 1 SQUARE FOOTAGE ONING DISTRICT HIRD LAND USE CLASSIFICATION RU ESCRIPT[ON OF PROJECT The applicant proposes to construct an oceanfront single-family residential community that will consist of 54 single-family lots that will be approximately 50 feet in width and 115 feet in length. At completion, the project will consist of two story single-family homes with parking beneath each residential unit. TYPE OF CONSTRUCTION (Check [ X J RESIDENTIAL UMBER OF RESIDENTIAL 54 all appropriate boxes) ITS/SUBDIVIDED LOTS [ J COMMERCIAL OTAL SQUARE FOOTAGE [ ] INDUSTRIAL OTAL SQUARE FOOTAGE [ J OTHER PLEASE.SPECIFY UMBER AND SIZE OF UTPARCELS IF APPLICABLE N/A DESCRIBE THE REASON FOR Rezoning from HIRD to PUD allows for the least environmentally damaging practicable HE REQUESTED CHANGE IN alternative (LEDPA) to be developed on the site. ONING IS THE PROPOSED REZONING IN CONFLICT WITH ANY PORTION OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE OR THE ST. LUCIE COUNTY COMPREHENSIVE PLAN? ':See the attached SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT The following information you provide is very important in determining the outcome of your Rezoning request. It is required by the St. Lucie Land Development Code that appropriate findings be made to justify a Rezoning approval. Please use additional pages, if necessary, to justify your request. l Describe the reason for the requested change in zoning: See the attached SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT 2.) Is the proposed rezoning in conflict with any portion of the St. Lucie County Land Development Code or the St. Luice County Comprehensive Plan? 'See the attached SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT 3.) How is the proposed change in zoning compatible with the existing uses in the area? See the attached SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT 4.) How is the proposed change in zoning compatible with the Land Use designation on this property? 'See the attached SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT 5.) What conditions have changed in the immediate area that warrants consideration of this change in zoning? :See the attached SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT 6.) What are the anticipated impacts of the proposed rezoning on the existing and future public facilities in this area? See the attached SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT 7.) What are the anticipated environmental impacts of the proposed rezoning? If no adverse impacts are anticipated, please explain why? `See the attached SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT 8.) Will the proposed rezoning result in an orderly and logical development pattern? Please explain. =See the attached SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT ST. LUCIE COUNTY APPLICATION FOR PLANNED DEVELOPMENT CHECKLIST Have you shown or provided the following required information: BOUNDARY & TOPOGRAPHIC INFORMATION: (Refer to Section 11.02.09(A)(2), St. Lucie County Land Development Code) Yes No Aerial Photograph (subject property highlighted)' Location Sketch Boundary/Topographic Survey Positive Outfall Floodplain ? Drainage Basin Boundaries Preliminary, SFWMD Permit Data SITE PLAN INFORMATION: (Refer to Section 11.02.09(A)(3), St. Lucie County Land Development Code) Yes No Yes No Location, Dimension, and Setbacks for all Parking & Loading Areas / buildin s Identification of maximum buildable area under ~ Water/Wastewater Facilities review Identification of all easements ~ Identification of all Drainage Facilities Identification of adjacent driveways ~ Location of all streets Location of all open spaces ~ Landscaping Plan Lighting Plan Phasing Plan ~ Transportation Impact Report ~ Environmental Impact Report ? Vegetation Removal Plan ~ Sea Turt]e Protection Plan If you answered no to any of the above questions, please explain in the space below: This is not a phased project. The subdivision will be developed by the landowner. Individual lots will be developed, as sold, in accordance with the terms and conditions of the project approvals. SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer) Agent Information Name: Sunset Beach Investments, LLC Name: Kimiey-Horn and Associates, Inc. Address: 207 Carson's Creek Drive Address: 10521 SW Village Center Dr., Suite 103 Dawsonville, GA 30534 Port Saint Lucie, FL 34987 Phone:706-429-6278 Fax: Phone: 772-345-3800 Fax: 772-286-0138 Property Owner Information This application will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgme of the submission of this ap anon for site plan approval. The property owner's signature below shall also serve as authorization for the abov a pl t or agent t ct o alf of said property owner. Claude Sims, Managing Member Proper ~ er Signature Property Owner Name (Please Print) 207 Carson's Creek Drive 207 Carson's Creek Drive Mailing Address: Dawsonville, GA 30534 Dawsonville, GA 30534 Phone: 706-429-6278 STATE OF FLORIDA ' COUNTY OF ~f , L vc I ~ OFFICE USE ONLY The foregoing instrument was acknowledged before me this ~ Project Reviewer: day of `a- , 20 C'~G , by ~'Qt`C~ J~ DRC Review: who is personally known to me or who has produced Appioyal Date: as identification. Comments:.. /A' r IYV~G n of Notary `)F?~lc.~ Nl Cht~r1ll~~~ Type or Print Name of Notary Notary Public Title Commission Number (Sea]) c`µr Notary Public Sta;~ r .n ~ Denise M r :rep: v=na ~S My Comrruss~cr !G~+~.~ _t.. t~or n~ Expires 09R)t/2C(i9 ~ L ~ - ~ C`` J _ St. Lucie County Growth Management Department 2300 Virginia Avenue Fort Pierce, FL 34982 772-462-2822 Application for a Variance from the Provisions of the St. Lucie County Land Development Code Please complete the requested information below and submit all items to the St. Lucie County Growth Management Department, Planning Division at the address listed above. The proper non-refundable application fee must accompany all applications or they. will not be accepted for processing. For assistance in submitting the petition, please contact the Planning Division at 772-462-2822. Applicant's Information 1. Name: Sunset Beach Investments, LLC -Claude Sims, Managing Member 2. Address: 207 Carson's Creek Drive Dawsonville, GA 30534 Phone Number: 706-429-6278 Fax Number: 706-216-1999 3. Location of Property Proposed for a Variance: South Hutchinson Island, St. Lucie County, 1,700 feet north of the Middle Cove Beach access :Section 29, Township 35 South, Range 41 East 4. Legal Description of Property Proposed for a Variance: S 29 / T 35S / R 41 E GOVT LOTS 2 and 3, less A1A and less N 938.4 ft of GOVT LOT 2 - (35.13 ac) (OR 2310 - 1995; 2000) ail ~ l~f~ 5. Parcel Size: Acres: 29.1 Square Feet: 6. Property Tax Identification Number (s): (attach extra sheets if necessary) ;2529-233-0002-000/0 PUD 7. Zoning District Designation: 8. Future Land Use Classification: RU Pjewv ~ od- Cmw.,. Co~..w~.. sY iCro~.r S 9. I (we) do hereby petition they for the following Variance from the St. Lucie County Land Development Code. (State the variance sought and the section from the St. Lucie County Land Development Code from which the variance is requested.) Section 6.02.02 c (1) minimum buffer requirement, 50 'from Indian River Lagoon. 10. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: .The variance allows for the use of upland berm to minimize wetland impacts as requested by the County .,environmental staff. Additionally, for lots that are adjacent to wetlands, a bulkhead will be constructed to minimize fill impacts. 11. What is the specific hardship imposed on the owner by the ordinance? The buffer forces an increase in wetland impacts. Utilizing the onsite berm for access minimizes wetland impacts. The owner wants to minimize wetland impacts, as required by State and Federal rules. 12. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. .The buffer variance is unique to properties along A1A due to the presence of mosquito impoundment east ~ west of A1A. 13. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. These variances will not affect other property and/or improvements in the neighborhood. 14. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. -These variances are not related to traffic or danger of fire. Property values will not be impaired by minimizing 'onsite wetlands impact. 15. State why this variance is the minimum that will make possible a reasonable use of the land, building and structures. -This variance is requested to minimize wetland impacts, which was a request of the County environmental staff. 16. Explain how this proposed variance is consistent with the general spirit of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. ~A variance from the 50' buffer will minimize wetland impacts onsite and was a suggestion of County Environmental staff. 17. Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. 18. I (we) have been furnished a list of the questions to be answered by the applicant for a variance and will be prepared to answer these questions on my (our) behalf at the public hearing. Special Notice (Please read before signing acknowledgments below). Submission of this application does not constitute the granting of a Variance. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St: Lucie County reserves the right to request additional information when necessary for a complete review of this Variance application. Acknowledgments Applicant Information (Property Developer): Agent Information: Sunset Beach Investments, LLC Kimle Horn and Associates, Inc. Name: Name• Y- Address: 207 Carson's Creek Drive Address: 10521 SW Village Center Drive Dawsonville, GA 30534 Suite 103, Port Saint Lucie, FL 34987 Phone: 706-429-6278 Phone: 772-345-3800 Property Owner Information: This application will not be considered complete without the notarized signature(s) of all property owner(s) of record which shall serve as an acknowledgment of the submission of this application for a Varia .The property owner(s) ignature(s) below shall also serve as authorization for the above pp~li t or age t to act 'behalf of said property owner. Claude Sims, Managing Member Pro erty Owner Signature Print Property Owner's Name & Address Mailing address: 207 Carson's Creek Drive 207 Carson's Creek Drive Dawsonville, GA 30534 Dawsonville, GA 30534 Phone: 706-429-6278 State of Florida 11 , County of . L ~ C I ~ The f~re~o>tng instrument was acknowledged before me this day of , 20 OAP , by C ~Gt,~.~ ~'~S ,who is personally known to me or who has prod ed as identification. ~ ure of Notar Type or Print Name of Notary Title: Notary Public Commission Number (Seal) Notary Pubtic State of Florida ? Denise M Chervenak ~ , M Commission DD464203 h ''ROr Expires 09/01/2009 E ~p,. _ z, i ~ . - .s.~. ~ . ~ F=- a ~ _ BOUND' D 150 300 E 'S t SCJILE AS SlpYVN ~ 4 M - 8 { 5g~$ .~er i _ '4~5 4 yS l L i - s e g ' a a o ~ ` in p e $ ~ r N ~ T ~ O 9 N N y~ ~ f N ! ' . `o ~ r o ~ ` U E ff¢¢z~ ~ i _ 00 ` ~ _ f rn S ~ v _ o u a i e ~ . , ~ o w ~ 6 % >s •"i ti ~ ~ 5 ~ w i . o ~ r `yf.. m ~ SOURCE: 2005 PHOTOGRAPH - AEVIEW, v4.4 (c)2003, AERIALS EXPRESS, LLC. ~ Kimley-HOrtt AERIAL PHOTOGRAPH (2005) and Associates, Inc. OC 2006 KIMLEY-HORN AND ASSOCIATES, INC. SUNSET BEACH 10521 SW VLG CTR DR, STE 103, PORT ST. LUCIE, FL 34987 Section 29, Township 35 S, Range 41 E E TEL: (772) 345-3800 FAX: (772) 286-0138 ST. LUCIE COUNTY, FLORIDA WWW.KIMLEY-HORN.COM CA 00000696 ~ ReMved: Dealgned By. Drawn BY Checked BY SCALE: PROJECT DATE: ° KHA JSA JCS AS SHOWN 0 411 2 4000 MAR 2006 FIGURE 6 0 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. allow design options that encourage an environment of stable character, compatible with sur- rounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the pro- vision of underground utilities, and the provision of recreation areas and open space. 7.01.02 AUTHORIZED USES A. PERMITTED USES Any permitted, conditional or accessory use in the Agricultural-1 (AG-1 Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); ResidentiaVConservation in the Agricultural-1 (AG-1); Agricultural-2.5 (AG- 2.5); Agricultural-5 (AG-5); ResidentiaVConservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code maybe permitted in a Planned Unit Development Distrct subject to complying with the residential densities described in Section 7.01,03(8). ~ . B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the. Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths; racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a m_ inimum of five (5) contiguous acres of land under common . ownership or control. . B. DENSITY si ~ ~ oM code Adopted August 1.1990 7 - 3 q~~d tT,ouyh osdts?o4 The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of'the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3:01:03(AA}(8) shall govern. C. AREA, YARD, AND HEIGHT REQUIREMENTS Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island -Building Height Overlay Zone shall appty. D. PUBLIC FACILRIES 1. The Planned Unit Development shall be designed aridlocated so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems. and other utility systems. 2. The minimum size of all.water mains used, or intended for use, in fire protection activities is six (6') inches. Actual water main requirements will be determined by the St. Lucie . County-Ft. Pierce Fire Prevention Bureau. 3. The minimum site of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8') inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. - The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION , 1. Every dwelling unit, or.other use permitted in the Planned Unit Development shall have access to a public street either directly or througti~an approved private road, a pedestrian way, or other area dedicated to public o'r private use: - - 2. Principal vehicular access points shall be designed to permit smooth traffic flow with cdntrolled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected_to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding'the project, or such surrounding collector or arterial roads shall be improved so that they wilt'not be adversely affected. 4. All non-residential lan(i uses within the Planned Unit Development shall have direct access io a collector or arterial street without cxeating traNic hazards or congestion on any street. sc u,~. c«.ry end nw.~rr~ cod. Adopbd /kpus11,199b 7 - 4 R~rissd T1ragA OS/t51W 5. Streets in a Planned Unit Development may be dedicated to~public use oi• retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations 1o the standard minimum right-of-way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners,. that the requested - variation is consistent with the intent of the County's roadway construction standards and necessary for the design o1 the Planned Unit Development: 6. All roads and sheets shall intersect at an:approximate t5° angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a needlor a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street - or load, shall .be no less than one hundred fifty feet.(150).. 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured -:from centerline to centerl'~ne.. 9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five . hundred and.one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the .its: point of .perpendicular intersection with the centerline of intersecting street to the end of the dead-end.:street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred: (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a "Y" or'T" type of turn around may be approved. . If a dead end street is temporary in nature then a temporary cul-de-sac shah be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island,. surrounded by a c~i~b, improved with grass and fandscaping that will: not. interfere with sight distance, may be provided. Center islands .shall have a diameter ,of not less than seventeen (17) feet, unless o3herwise . approved through the review of the Planned Unit. Development. _ . 10. All roadways,. exclusive of interior. parking .and access- aisles areas, regardless of ownership, shalt beaocated a minimum of ten (10).ieet from any. exterior building walls. except-for security gate houses.or s.'unilar security struc_ Lures located in a private street or road right-of-way. - 11. Any pedestrian, circulation system and its related walkways shall. be insulated from the vehicular street system. This shall include, when deemed.to -be necessary by the Board of County. commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, .and other neighborhood . _ uses. which generate a considerable .amount of pedestrian traff, ic... St Lucis county land DwelopnsM Cody - Aeop~sd /N,y~att:1990 ~ 7 - 5 Revised Tlrviipl~ o6r15Aa. - 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. F. ~ PARKING AND LOADING 1. General Provisions . a. The number, type, and location of parking spaces shall be determined of the time - of final Planned Unit Development plan approval. The determination of the number - Of spaces required shall be based on Section 7.06.01(F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the - - ~ ~ ~ proposed use or that parking may be shared 'by proximate uses that operate at different times or on different days. - b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section7.06.02(C) of this Code. 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 -of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. " ti. - Off=street parking and loading areas shall be screened from adjacent roads and `pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking - In Planned Unit Developments, on street parking may be used so long-as the road on which ' • the on-street parking is proposed lies entirey within the limits of the defined Planned Unit - ~ Devek~pinent and such parking would-not contravene any other provision of this Code or - ~ the St. Lucie County Code of Ordinances. Where such on street parking and loading is - - used, it shall be consistent with the following design.standards: = a. The minimum site of a parking stall shall be as follows: - • parallel 8 feet X 23 feet - angled " - 101eet X `f 8 feet - ~ handicapped(parallel) - ~ 12 feet X -23 feet - • • - handicapped(angled) 12 feet X 18 feet - " - ~ b. ~ - -Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in~accordarice with NFPA standards. sc u~ cowry Lana.Dsve~opr~~t cods - /1dd~ttii(Aupsr iseo 7 - 6 Revised 7Araiph p5rI51bF . d: No more than fifteen (15} parking spaces shall be pemnitted in a continuous row - without being interrupted by a minimum landscape area of 36U square feet. G, LIGHTING All lighting faalities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties: H. LANDSCAPING AND..NATURAL FEATURES 1.. .:Native trees and vegetation and other natural features shall,be preserved to the extent • practicable.. . 2. ~ All sensitive environ~nental.vegetation, trees and areas shall•;t?e -preserved io the extent practicable. ~ - ~ - 3. Landscaping.foroff-street parking and loading areas shall.meet the minimum requirements of Section 7.09.00. 1. OPEN SPACE STANDARDS 1. A Planned Unit Development that is proposed in any Residential, Conservation, Special District or Mixed Use Future Land lJse.Category shall conform to the following open space standards: a A minimum of -thirty-five (35) percent of the gross area. of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas. bicycle and pedestrian paths -and tacilities, - - - ~ marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purposes or use other than street, road-or drainage rights-of-way, above ground utilities, excluding storrnwater treatment faalities, and parking areas. A minimum of 15 percent of any existing native't~pland habitaton the property must . be preserved: in its -natural condition. as part of the ~ required 35 percent common - open space. For each ac;8 of .preserved native habitat.: above the required - minimum 15 percent that is preserved in its original state.-credit shall be given at a race of 150 percent per acre towanjs the remaining common open space requirement.:. - All .areas to be:dedicated for common open space: shall be identified as part of the . Preliminary Development Plan for the Planned Unit Development. Areas that are fkxxfways, lakes, wetlands, and stormwater retenY~an-areas may be applied to satisfy the total common open space requirement, ~sWbjeet to the requirement ihat i 596 of any existing native habitat on the property must be inducted as part of the. required :3596 common .,open space. - As .part .of ..the Fnal Planned Unit Development submission process. the developer or petitioner for the Planned Unit - Development shall provide:ior one of the following: s~. c~ ~a n.r.bvm.M coa. Mopled AnpuM t, t99o. 7 - 7 Revised 71~wp1! o67fsdD?i 1 _ The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, 2. A phased conveyance of the land to a public or acceptable private agency- chat will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. b. No parcel of land identified for use as a park or common open space.shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. c. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common. open space meets the requirements of this Code. 2. A Planned Unit Development that is proposed in anyAgricultural Future Land Use Category shall conform to the following open space standards: a. For any Planned Unit Development, equal to or less than 160 acres in gross area and involving eight (8) or less lots or parcels, a minimum of 50% of the gross land area to be committed to the planned unit development must be for use as open space, of which 35% of the gross land area is to be retained as common open _ space. For the purpose of this paragraph, open space, in an agricultural PUD, including the required common open space, may include, parks, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common recreation areas ,common open space, common landscaping and planting areas, pastures and productive agricultural areas which may be held in either common interest, . individual interest, or other areas of public purpose or use other than street, road _ or drainage rights-of-way, common parking .areas and above ground utilities, excluding stormwater treatment facilities. For any Planned Unit Development, greater 160 acres in gross area or eight (8) . divisions, a minimum of 80°6 of the gross land area to be committed to the planned unit development must be for use as open space, of which a minimum of 3596 of the gross land area is to be retained as common open space which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swim- . ming beaches, common open space, common landscaping and planting areas, .or other areas of public purpose or use other than street. road or drainage rights-ot-way, above ground utilities, excluding stormwater treatment facilities, and ~ . parking areas_ . st LucM covrp Lana o.vdoprnar~t Cod. ~eoq.aM~w t. ~s9o 7 - 8 Rsvisea ThragA 05?13rod b. A minimum of fifty (50) percent of 'any existing native upland habitat on the property, must be preserved in its natural condition as part of the required open space. For each acre of preserved native habitat above the required minimum 50 percent that is preserved in its original state, credit shall be given at a rate. of 150 percent per acre towards the remaining open space requirement. c. All areas io be dedicated for open space -shall be identified as part of the. Preliminary Development Plan for the Planneii Unit Development. Areas that are floodways, lakes, wetlands, and stormwater .retention areas may be applied to satisfy the total open space requirement, subject to the requirement that 50°r6 of any existing native habitat on the property must be included as part of the required 80°~ open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide i~or one of the following: 1. The advance dedication of all open space io a public, or acceptable private. agency that will, upon acceptance, agree to maintain the open - space and any buildings, structures. or improvements that have been placed on it: All such dedications or conveyances shall be completed prior to~ the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development°; or, 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance,. agree to maintain the open space. and any - buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for open space shall be a specific condition of approval for the Planned Unit Development; or, 3. The identification of restrictive easement or plat dedication that would - serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept as open space meeting the requirements of this section d. No parcel of land identified for use as'a open space shall be less than one (1) . contiguous acre, and all such areas shall be physically -part of the Planned Unit - Development. - e. Areas provided .or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall open space requirement, provided that the open -space meets the requirements of this Code. J. - SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent. to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide`setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. SL Luci. coud~r land Devebprnert Cods - Adopbd Aup~isl 1, ts5o 7 - 9 pevtzed 1?Mp,pA 0.r?tSloJ K: = CLUSTERING OF DEVELOPMENT- - Planned Unit Developments in all Future Land Use Categories are required to design the project in .a clustered manner. - Planned Unit Developmehts in the Residential, Conservation, Special District or Mixed Use Future- • Land Use Categories are required to design the project in a clustered manner that will reduce the cost of required inirastcudure; provide for large intergrated common open space areas, and provide for reduced long term maintenance costs for the community. In-the Agricultural Land Use Categories clustered development isintended io reduce the cost of requined public infrastructure. . L. PHASING 1.~: A Planhed Unit Development maybe developed in more than one stage or phase. 2. It a Rnaf Development Site Plan approved by the Board of County Commissioners is to be . developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (1'O) years of the date of Final Development Site Plan approval. Extensions of the above requirements .are subject to approval by .the Board of County Commissioners. . Unless otherwise amended by the Board of .County- .Commissioners. through the Final Development Site Plan review process, the following sequence of development must be - ~ ~ adhered to: a. One or more major recreation facilities and other major amenities, planned to serve - the entire development, shall be completed oradequate security posted prior tothe- . . - issuance of building or mobile home pem?its.of more than forty (40) percent, or • other petcentage~ as determined by -the Board to be appropriate based on circumstances .that include the size of the project and the proposed phasing schedule, of the total number of authorized. dwelling units. Recreation facilities or taalities and other amenities planned to -serve one (1) phase of amulti-phased . development shall~be completed or appropriate security posted.prior to issuance of building or mobile:home.permits or the recording of any final plat whin that phase. ~ _ . b. ~ No commercial faality shall be permitted prior to the completion of at least forty (40) _ .percent of the total number of authorized dwelling units;:and, c., For Planned Unit Developments to be consUucted in stages or phases, the net density of an individual stage or phase may vary f rom the approved Final Site Plan . subject to the requirements in Section 11.02.05. M.. - ~ SIGNS ~ ~ - _ ~ • - 1. - Signswithin any Planned Unit Deyeloprr?ent, less than or equalta200 aares~ in overall area, shall compy with the provisions of Chapter 9 of this code, provided however, that the Board si i„a. ca.ry era or.ww~ coa. . Adopsd/4gust~.~990 7-to R ris~d~Tho~Dhosns~ui of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, io ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Unit Development, greater than 200 acres in overall area may submit a general signage plan for the Planned Unit Development, as part of the Final Planned Unit Development Plan submissions. The general signage plan shall be based on the general dimension and size standards applicable io other similarly designated residential property; provided, however, that the Board of County Commissioners may condition approval 01 a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and io ensure compliance with the St. Lucie County Comprehensive Plan. s~ tna. c«.ry tans n~pren< coca 7 - t ~ - Re+dseu Tmo~wh osnsra Ad'opbit IWpist ~.1sso ~eCeivecf g~ ` Sign Up Request ~i p~ ~ ~ ~~D~ Grt~wth Managemen# Date Sent: 03/04/09 Attention: James A. Beams Sign # j Sign to be installed by Sign Technicians before: 04/03/09 OR Sign to be ready for pick up before: (Pickup hours: 7:00 -11:30or 12:30- 3:00) Please return signed and dated original to Beverlee Deans (ext. 1585) at Growth Management. Thank you. St. Lucie County ~c~ ~d x Affidavit of Public Notice I, S , do hereby certify that as Agent for the St. Lucie County Board of Commissioners on the following described property: Location of sign South Hutchinson Island, 1700 ft north of Middle Cove Beach access I did on ~ I ~ ~ , 2009 erect in a conspicuous place on this property the following notice: PUBLIC NOTICE Public Hearing for Application of Sunset Beach Investments, LLC to grant a Waiver from the Comprehensive Plan Policy 8.1.14.2 and 8.1.14.5; and preliminary planned unit development site plan approval for the project to be known as Sunset Beach -Planned Unit Development to be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on April 16, 2009 @ 6 PM before the Planning and Zoning Commission and on May 19. 2009 @ 6 PM before the Board of County Commission. PETITIONS ARE AVAILABLE AT THE FRONT DESK IN THE PLANNING DIVISION. 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N N N N N N N N N N N N N N N N N N N N Q Q Q C w N ~ ~ • ~ N M CO I~ O O O ~ N M ~f ~ O~ 00 0 0 ~ N M Q N ~ ~ ~ ~ r ~ ~ N N N N a 3 J Q d BOARD OF GROWTH COUNTY ~ MANAGEMENT COMMISSIONERS March 25, 2009 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 Sunset Beach - PUD 06-023 In accordance with the St. Lucie County Land Development Code, you are hereby advised that Sunset Beach Investments, LLC presented a petition to St. Lucie County for a Waiver from the Comprehensive Plan policies 8.1.14.2 and 8.1.14.5; and requested preliminary planned unit development site plan approval for the project to be known as Sunset Beach -Planned Unit Development for the following described property: Legal Description: GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA. Location: On the east side of South Ocean Drive on South Hutchinson Island, 1700 ft north of Middle Cove Beach access. Purpose: To change the zoning from the Hutchinson Island Residential District (HIRD) Zoning District to the Planned Unit Development (PUD) Zoning District to allow 44 single family homes on 29.15 acres of land. The Planning and Zoning Commission public hearing on the petition will be he/d at 6:00 P.M., or as soon thereafter as possible, on Thursday, April 16, 2009 County Commissioner's Chambers, St. Lucie County Administration Annex Building, 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 strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, 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 or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to adate-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) 462-2822 if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION /S/CRAIG MUNDT, CHAIRMAN Form No. 07-12 ~HRIS DZADOVSKY, Distract No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator -Faye W. Outlaw, MPA Website: wvwv.sttucieco.oov 2300 Virginia Avenue -Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT -Phone (772) 462-2822 FAX (772) 462-1581 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION - PUBLIC HEARING AGENDA APRIL 16, 2009 NOTICE OF PROPOSED ZONING DISTRICT CHANGE AND WAIVER FROM THE COMPREHENSIVE PLAN The St. Lucie County Planning and Zoning Commission is scheduled to rovfew and make recommendations regarding the fo0owing item petitioned by the applicant for adoption by the Board of County Commissioners of St. Lucie County, Florida, by resolution. RESOLUTION N0.09-026 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SL LUCIE COUNTY, FLORIDA, GRANTING A WAIVER FROM THE COMPREHENSIVE PLAN POLICIES 8.1.14.2 AND 8.1.14.5; AND GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APDROVAL FOR THE PROJECT TO BE KNOWN AS SUNSET BEACH- PLANNED UNIT DEVELOPMENT ON 29.15 ACRES OF LAND SITUATE IN ST. LUCIE COUNTY, FLORIDA APPLICANT: Sunset Beach Investments, LLC FILE NUMBER: PUD RZ 06-023 LEGAL DESCRIPTION: GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 355, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA. LOCATION: On the east side o1 South Ocean Drive on South Hutchinson Island, 1700 tt north of Middle Cove Beach access. PURPOSE: To change the zoning from the Hutchinson Island Residential Distrito (HIRD) Zoning District to the Planned Unit Development (PUD) Zoning District to allow 44 single famiy homes on 29.15 acres of land. ,..a a,M, I ` 'i ~C' -'1 ~ _ } ,VI ~ - ~ < ~I sese awn 9EY j... \ The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chambers, Roger PoRras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Thurodav. April 16.2009 beginning at 6:00 P.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the Growth Management Depanment -Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices bcated at 2300 Virginia Avenue, 2'" Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-7426 if you have any questions or require additional information. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO Section 266.0105. Florida Statutes. if a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedirgs is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any parry 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. tf it becomes necessary, a public hearing may be continued to adate-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. 7721462-1428. PLANNING AND 20NiNG COMMISSIOW LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/CRAIG MUNDT, CHAIRMAN PUBLISH DATE:04103/09 v ? ~ ? Kimley-Horn ~ and Associates, Inc. SUNSET BEACH PUD SUPPLEMENTAL INFORMATION REPORT Prepared for: Sunset Beach Investments, LLC 207 Carson's Creek Drive Dawsonville, GA 30534 041124000 May 2006 ©Kimley-Horn and Associates, Inc. CA Number 00000696 10521 SW Village Center Drive Suite 103 Port St. Lucie, Florida 34987 772/345-3800 TEL 772/286-0138FAX U ~ l~Q~ Sunset Beach PUD ` Supplemental Information Report General Description The site is located on South Hutchinson Island, 1,700 feet north of the Middle Cove Beach access and consists of a total of 29.1 acres. The site will be accessed from State Road AlA which also divides the site longitudinally. The site is bound by the Indian River Lagoon on the west and the Atlantic Ocean on the east. 1. Describe the reason for the requested change in zoning. It is requested that the site be rezoned from Hutchinson Island Residential District (HIRD) to a Planned Unit Development (PUD) as this classification provides for alternative site designs which can maximize protection of environmentally sensitive lands. A PUD achieves residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. . There are certain limitations imposed by the shape, size, and the environmental conditions of the site. The lot size and width requirements of an HIRD designation would significantly reduce the number of single-family lots that could be developed on the site, significantly impacting the financially viability of the project. Rezoning the site to a PUD designation will allow for an increased number of lots, though smaller in size, making the project financially feasible. Please note, this request does not change the density allowed by the current zoning and land use. Additionally, this infill project utilizes existing infrastructure, thereby maximizing the use of available public facilities. This project improves the existing natural resources by implementing the following mitigation. The applicant has met with St. Lucie County Environmental Resources Division and Mr. Jim David of the St. Lucie County Mosquito Control District. Based on suggestions from environmental staff and Mr. David, the applicant is proposing to conduct onsite mitigation, which includes the following: • Connecting the existing wetland north of the saltwater basin (mosquito impoundments) via culvert to the saltwater basin to increase flushing and water quality in the existing onsite wetland; • Funding a pump station and culvert installation beneath AlA that will be utilized by the St. Lucie County Mosquito Control to manage the impoundment south of the saltwater basin. The pump will greatly improve flushing in the wetland onsite as well as downstream (south) wetlands. I Sunset Beach PUD Supplemental Information Report • Per St. Lucie County Mosquito Control District's request, coordinating the installation of a culvert under AlA north of the saltwater basin and permitting the associated wetland impacts. This culvert will enhance flushing in onsite and offsite wetlands. • Removal of all exotic vegetation onsite; • Scraping and removal of exotic invasive vegetation in the wetlands adjacent to AlA to the west to create a continuous wetland to the existing mosquito impoundments; and • Scraping and removal of exotic invasive vegetation on the uplands adjacent to AlA to the east to create a continuous native upland buffer to the existing saltwater basin. Based upon the Unified Mitigation Assessment Method (UMAM), the abovementioned onsite mitigation completely offsets wetland impacts; however, the applicant is proposing to buy up to 1 credit (1.0 acre) from the Bear Point Mitigation Bank in St. Lucie County. The proposed mitigation will create a net increase of wetlands in St. Lucie County. 2 Sunset Beach PUD Supplemental Information Report 2. Is the proposed rezoning in conflict with any portion of the St. Lucie County Land Development Code or the St. Lucie County Comprehensive Plan? CONSISTENCY WITH THE LAND DEVELOPMENT CODE According to the Land Development Code (LDC), the purpose of the HIRD designation is to provide a residential environment on North and South Hutchinson Island that is respectful of the natural resources and value of the barrier islands and can be supported by available public and private services. HIRD is intended to ensure that the intensity, location, and timing of new residential growth and development is of a character that can be served by adequate public and private facilities, and that protects, preserves and enhances the public health, safety, and welfare of the citizens. HIRD is intended to facilitate growth and development of the barrier islands while conserving the natural and human values the islands represent. The LDC specifically restricts the rezoning of HIRD classified lands to a specific list of zoning classifications that still achieve the goals of the Hutchinson Island Ordinance; this list includes the requested PUD classification. The site is designed with utmost consideration to the environmentally sensitive nature of barrier islands and is designed to ensure that development is clustered away from environmentally sensitive lands and is limited to the more tolerant upland portions of the site. The site is also designed to be consistent with the height and density requirements for the area. The site plan is consistent with the traffic and circulation requirements of the PUD in that every dwelling unit in the Planned Unit Development has access to a public street either directly or through a private road, a pedestrian way, or other area dedicated to public or private use. The proposed site plan is also consistent with the landscaping and open space requirements of the PUD. Native trees and sensitive environmental vegetation will be preserved to the extent practicable. Also according to the LDC a minimum of 35% of the gross area of land to be committed to a PUD must be for use as common open space. A minimum of 15% of any existing native upland habitat on the property must be preserved in its natural condition as part of the required 35% common open space. The proposed site plan fulfills all these requirements, except for the native upland preservation which is not possible since native upland vegetation is not present on the site. 3 Sunset Beach PUD Supplemental Information Report CONSISTENCY WITH THE COMPREHENSIVE PLAN This request is consistent with the various elements of the Comprehensive Plan, key objectives and policies have been reproduced below. The requested PUD zoning is consistent with the RU land use classification and with the policies regarding development on Hutchinson Island. FUTURE LAND USE ELEMENT Goal 1.1 Ensure the highest quality living em~ironment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and man-made resources while minimizing any damage or threat of degradation to the health, safety an welfare of the County's citizens, native wildlife and environment, through incompatible land uses. Policy 1.1.4.2 Require that new development be designed and planned in a manner which does not place an anticipated economic burden upon the service and facilities of St. Lucie County. Policy 1.1.4.3 Continue to encourage the use of cluster housing and planned unit development techniques to conserve open space and environmentally sensitive areas, through the County's Land Development Regulations which include: a. Minimum acreage requirements necessary to support a viable mixed use community providing sufficient design flexibility to allow innovation and creativity in all forms of planned unit developments; b. Minimum open space ratios of 35% in all planned unit developments and including within the PUD documents assurances that such areas will remain as open space to protect existing native habitat, to provide for minimum setback needs from adjacent uses, and to provide active and passive recreational as well as visual amenities; c. Minimum open space standards; d. Provisions ensuring the long term preservation of remaining open spaces; e. A mixed use district combining residential, commercial, recreational, educational, and other income producing uses providing significant functional and physical integration among ccses; f. Minimum standards for the provision of on-site shopping, job opportunities and internal trip capture; and g. Specific requirements to provide efficient, centralized infrastructure (potable water and sanitary sewer). Include specific restrictions on the use of septic tanks, individual wells, and package plants in planned unit developments. Policy 1.1.4.4 Calculate gross residential density on lands that lie above the mean high water elevation and provide for the ability to transfer/cluster residential density from wetland and other sensitive or unique environmental habitats to upland areas on contiguous properly. 4 Sunset Beach PUD ~ Supplemental Information Report Objective 1.1.5 In coordination with the other elements of this plan, future development within the 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. Objective 1.1.7 Future development and redevelopment activities shall be directed to those areas depicted with urban land use designations on the Future Land Use Map and are to be consistent with sound planning principles contained in the goals, objectives, and policies of this plan. Policy 1.1.7.1 Continue to support and encourage innovative land use development patterns through adequate provision in the County's Land Development Regulations including Planned Unit Developments (PUD), Planned Non-Residential Development (PNRD) and the Planned Mixed Use Development (PMUD) zoning designations. Policy 1.1.8.1 All new subdivisions, planned unit developments and site development plans shall be designed to include an efficient system of internal traffic circulations that does not require internal trips or trips of short duration to be force onto the major roadway network. Policy 1.1.8.2 All new subdivisions shall be designed so that all individual lots have direct access to the internal street system, and that any lot or property along the periphery of the development is to e buffered from any major roadway and incompatible land uses. Objective 1.1.9 Through enforcement of Chapter 6.00.00 of the Count's Land Development Code support criteria and standards for the protection creation of native plant communities within the County. For the purpose of this plan, Native Plant Communities shall be preserved as defined in the Treasure Coast Regional Planning Council's Policy Plan, Regional Policy 10.1.2.2, ".....preserved in viable condition with intact ground cover, understory and canopy. " Policy 1.1.9.1 St. Lucie County shall include within its Land Development Regulations criteria and standards for the protection and preservation of both wetland and upland habitat. The criteria to be included within the County's Land Development Regulations shall be based upon, but not limited to, the following: a) Size of the property on which the development activity is to take place; b) The type quality and sensitivity of the native habitat including nesting and foraging locations found on site; c) Methodologies to be employed in protecting and preserving native habitat; d) The presence or occurrence of endangered or threatened species on site and methodologies to be employed to ensure their continuing presence on site or mitigation; Policy 1.1.9.4 Enforce Section 7.09.00 of the land development regulations to provide that existing on-site native upland habitat be incorporated into required site plans as a part of open space areas, required 5 Sunset Beach PUD Supplemental Information Report landscaping or as a part of minimum yard areas so that as much of the identified habitat as is practicable is maintained. Policy 1.1.9.12 Enforce Section 6.06.00 of the County's land development regulations which require that a reclamation restoration plmi be submitted as part of the required application for an extractive use permit. e) The amount of similar habitat in a state of functional preserve within the same area; and • f) Requirements that all necessary environmental assessments be prepared by personnel having the appropriate expertise to make the necessary determinations which shall be submitted in writing to the Board of County Commissioners for review prior to their making a determination regarding any proposed development. Policy 1.1.9.14 Continue to require new development activities to be consistent with the soil conditions in the area in which the activity is proposed. In those instances where soil modifications are necessary, all activities should utilize best management practices as identified by the Soil Conservation Service. Objective 1.1.1 D St. Lucie County shall continue to protect and manage the unique coastal resources of the County, balancing the need to provide reasonable private property use while assuring a full range of public beach access and recreational facilities for the residents of and visitors to the County. Policy 1.1.10.3 Future land development activities within the identified Hurricane Vulnerability Zone shall be consistent with Goal 7.2, its Objectives and Policies and identified in the Coastal Management Element of the St. Lucie County Comprehensive Plan. Objective 1.3.1 Identify areas which have common internal characteristics and require planning as contiguous areas. The Indrio Road corridor, White City, the area surrounding the Orange Blossom Mall, North Hutchinson Island, and South Hutchinson Island are examples. COASTAL ELEMENT GOAL 7.1 Balancing growth and coastal resources. All development proposed in the future land use element in the coastal area shall occur in a manner which protects, conserves, and enhances the natural resources of the coastal area and the environmental, social and economic benefits attributed to them. Policy 7.1.1.1 Future development in the coastal area shall be limited to those land uses which are resource dependent or compatible with the physical and environmental characteristics of the coastal area, or to those uses which can occur without degradation of important environmental values or interference with legally used pubic access to coastal area shorelines. 6 Sunset Beach PUD , Supplemental Information Report Policy 7.1.2.1 The County shall continue to implement and enforce land development regulations that require the use of native or drought tolerant vegetation adapted to existing soil and climatic conditions in landscaping inn the coastal area. Policy 7.1.2.2 The County shall require the removal and eradication of all nuisance and exotic vegetation such as Australian pine, Brazilian pepper, and Melaleuca during construction of new development and replacement with plant species that are consistent with Policy 7.1.2.1. Policv 7.1.2.5 All mosquito impoundments shall be assessed to determine if they provide multiple functions of marine fisheries habitat, water. quality enhancement, and adequate mosquito control. Particular attention shall be given to the differences between impoundments that are managed versus those tl2at are breached or unmanaged. Policv 7.1.2.6 The County shall, through the development review process, in cooperation with the appropriate wetland regulatory agencies, continue to conserve and protect coastal wetlands from detrimental physical and hydrological alteration and prohibit unmitigated encroachment into coastal wetlands. The regulation of activities in, on or over wetlands or other surface waters and the management and storage of all surface waters shall be pursuant to applicable Local, State, and Federal requirements. The most restrictive of these shall be enforced. County regulations shall include criteria to evaluate and preserve wetlands, based upon their functional characteristics including types, size, values, functions, conditions and location. Policy 7.1.3.11 The County shall continue efforts to reconnect all impounded marshes to the Indian River Lagoon. Policy 7.2.1.4 New development and redevelopment within V or A flood zones as designated by the Federal Emergency Management Agency shall employ building construction techniques which are consistent with the requirements of the Federal Emergency Management Agency Flood Insurance Program and the County's Coastal Construction Code. Objective 7.4.1 The appropriate Level of Service standards within this Comprehensive Plan (including those in the Capital Improvement Element and Traffic Circulation Element) and the standards under this objective shall be applied to infrastructure facilities during the development approval process. The service area and phasing of such facilities shall be consistent with the goals, objectives, and policies of this and all other elements of this Comprehensive Plan. Policy 7.5.1.5 Coordinate with the St. Lucie County MPO and other appropriate Local, State, and Federal agencies to ensure adequate intermodal access an adequacy of public facilities and infrastructure. 7 Sunset Beach PUD Supplemental Information Report CONSERVATION ELEMENT Objective 8.1.2 The County shall continue to enforce land development regulations which require the conservations, appropriate use, and protection of surface waters. Objective 8.1.4 The County shall continue to enforce Wetland Protection Standards within the land development regulations which require the preservation, creation and restoration of wetlands in a manner that results in no net loss of function and value within the County's jurisdiction. Policy 8.1.4.5 The County shall cooperate with the Florida Department of Environmental Protection, South Florida Water Management District (SFWMD), and the U. S. Army Corps of Engineers on their dredge and fill permitting responsibilities by providing comments where appropriate on any applicable County wetland regulation. Policy 8.1.8.1 The County shall require all nuisance and invasive exotic vegetation (e.g. Brazilian pepper, Australian pine and Melaleuca) be removed and eradicated at the time of development or redevelopment of anon-residential site plan projects and, where appropriate, replaced with native or drought tolerant species that are adapted to existing soil and climatic conditions. Policy 8.1.13.9 The County shall support the reconnection of impounded wetlands to the Indian River Lagoon to improve the productivity of estuaries; and the implementation of adaptive management strategies for saltwater marshes and mangrove systems which are consistent with Best Management Practices for mosquito control. 8 Sunset Beach PUD Supplemental Information Report 3. How is the proposed change in zoning compatible with the existing uses in the area? The Indian River Lagoon is located to the west of the site and the Atlantic Ocean is located to the east. There is a residential development approximately 1,500 feet to the south of the site that contains oceanfront single-family residential development. The property immediately north of the site is currently in the County site plan approval process for a condominium development. The proposed change in zoning from HIRD to PUD is consistent with the character of development on South Hutchinson Island. It still maintains the residential character envisioned for the area by the Comprehensive Plan and the Hutchinson Island Ordinance. The proposed PUD rezoning will contribute to a high quality residential development that is respectful of the environmental resources of the area. 4. How is the proposed change in zoning compatible with the Land Use designation on this property? The existing and the future land use category of the site is Residential Urban (RU). This residential land use category provides for a maximum density of 5 dwelling units per gross acre. According to the Comprehensive Plan, new developments in the RU areas can occur using traditional single-family or multi-family zoning designations or through the Planned Unit Development process. Additionally, Table 1-3 Land Use Designation/Zoning Compatibility Matrix of the Comprehensive Plan indicates compatibility between the PUD zoning and the RU land use categories. The rezoning of the site to a PUD designation will still be compatible with the high quality oceanfront residential development envisioned for this area discussed in the Comprehensive Plan. The site is proposed to be developed as asingle-family residential community consistent with land use regulations and the development character of South Hutchinson Island (See attached site plan). The site plan is consistent with the philosophies and policies for the Residential Urban area. It is also in conformance to the density regulations of the area and the requirements for Coastal High Hazard Areas. A variance from the 50' buffer from the onsite saltwater basin that is connected to the IRC is requested in order to minimize wetland impacts onsite. Utilizing the upland berm on the south side of the saltwater basin, as suggested by County Staff, minimizes wetland impacts. Due to the geometry of the site and the percentage of the site containing wetlands (40%), wetland impacts will be unavoidable. Wetland impacts have been minimized to the extent practicable. Mitigation is proposed to offset the loss of 2.9 acres of mosquito impoundment. 9 Sunset Beach PUD Supplemental Information Report 5. What conditions have changed in the immediate area that warrants consideration of this change in zoning? Due to certain limitations imposed by the shape, size, and the environmental conditions of the site, the lot size and width requirements of an I-IIRD designation would significantly reduce the number of single-family lots that could be developed on the site. Rezoning the site to a PUD designation will allow for an increased number of lots, thus making the project financially feasible. Also, rezoning to PUD allows flexibility in the site plan that reduces the restrictions and allows for the least environmentally damaging practicable alternative (LEDPA) to be developed onsite. 6. What are the anticipated impacts of the proposed rezoning on the existing and future public facilities in this area? There are no adverse impacts anticipated on the existing and future public facilities in this area resulting from the proposed rezoning of the site. Water Supply The site will be served by the Ft. Pierce Utilities Authority, which has the capacity to supply the proposed development. Tra c KHA prepared a Traffic Impact Analysis for the project in November 2005. A link capacity analysis was undertaken for each link considering its total traffic volume and the roadway laneage to be in place in 2008. Total traffic is defined as the sum of existing historic growth, committed projects and Sunset Beach project traffic. The level of service capacity for each roadway link is defined by the capacities published in the Florida Department of Transportation's 2002 Quality/Level of Service Handbook. In accordance with St. Lucie County standards, roadways were evaluated using the criteria of Level of Service D for daily conditions, and Level of Service E for peak hour directional conditions. Based on this analysis, no links are expected to fail to meet the link level of service standard for daily or peak hour directional conditions through 2008. The proposed site plan envisions one full-access driveway. Based on the expected distribution of traffic to and from the site, traffic volumes were projected for each driveway at the site. Based upon a driveway pre-application meeting with FDOT, a right turn on SR AlA for ingress traffic to the site will be required to be constructed. The traffic analysis shows that all roadways within the study area are expected to operate at an acceptable level of service through 2008. Natural Disaster Based on KHA's traffic study, roadways within the study area are expected to operate at an acceptable level of service; therefore, it is unlikely that the proposed development would substantially delay evacuation times as a result of this rezoning. A slight increase in traffic on AlA will result from the project. 10 Sunset Beach PUD ' Supplemental Information Report 7. What are the anticipated environmental impacts of the proposed rezoning? If no adverse impacts are anticipated, please explain why? Due to the site configuration, wetland impacts are unavoidable with the HIRD or the PUD zoning. The proposed site development plan is very sensitive to the environmental characteristics of the site and reduces wetland impacts to the maximum extent practicable by routing the access road along an upland berm and reducing the number of lots. The anticipated impacts and the proposed impact minimization and mitigation measures are described below. Wetlands The project site contains approximately 12.4 acres of wetlands, which constitutes 40% of the site. These wetlands are actively managed mosquito impoundments that are connected to the Indian River Lagoon via off-site culverts that are a considerable distance northward and south of the site. Based on the configuration of the site, wetland impacts are unavoidable, but they have been minimized to the maximum extent practicable. Since impacts to wetlands are unavoidable, the activities will be permitted through applicable Local, State, and Federal agencies. This will require a Federal Dredge and Fill Permit from the Army Corps of Engineers (ACOE) and an Environmental Resource Permit (ERP) from the Florida Department of Environmental Protection (FDEP). These permits are applied for through submittal of a Joint ERP application to the FDEP. The St. Lucie County Mosquito Control District will benefit greatly from this project, due to the addition of two culverts under AlA and a pump station to aid in the flushing and management of the mosquito impoundments. Please see the attached letters from the Mosquito Control District. The public will also benefit from funds provided by the applicant to purchase up to one mitigation credit from the Bear Point Mitigation Bank. Fish and Wildlife No significant adverse impacts relative to fish and wildlife values are anticipated to result from this project. The following goal, which is outlined in the Coastal Element of the Comprehensive Plan is directly related to the proposed mitigation for the Sunset Beach project. The restoration of tidal exchange to the mosquito impoundments is an important habitat restoration measure to improve wetland habitats in the coastal area. The St. Lucie County Mosquito Control District has developed an effective management plan, part of which includes acquisition and the restoration of marshes along the Indian River Lagoon. These efforts should continue to be implemented with restoration and development improvements that enhance coastal waters for fisheries and wildlife. Cooperative initiatives between the State and County should continue to evaluate the future efforts of the District to integrate the objectives of marsh restoration and mosquito control. By avoiding impacts to wetlands where practicable, the applicant has preserved approximately 9.5 acres (over 75%) of the onsite wetlands which are potential habitat for the wading buds. These preserved and enhanced wetlands will be put into conservation. The proposed project is consistent with St. Lucie County's Land Development Regulations relative to sea turtle protection and wetland conservation. Some environmental impacts are unavoidable irrespective of whether the site is developed under HIRD or PUD zoning regulations due to the site geometry. The I-BRD zoning requires larger lots which in turn would require a larger development area in order to make the project financially feasible; therefore, the HIRD zoning would also result in greater wetland impacts. Rezoning to PUD 11 Sunset Beach PUD Supplemental Information Report allows flexibility in the site plan that reduces the restrictions and allows for the least environmentally damaging practicable alternative (LEDPA) to be developed onsite. Water puality The river waters adjacent to the site are considered Class II waters, since they are part of the Aquatic Preserve within the IRL. To protect water quality, the following measures are proposed by the applicant. ¦ No direct runoff will result from the project. Lots will be graded such that back yards, as well as roof drainage, will drain to the storm water management system.: The storm water pond(s) will be located as landward as practicable. ¦ Best Management Practices will be identified and incorporated into the property owners' association documents, deeds and covenants. These practices will require native plantings and xeric landscape, and limit the use of herbicides, pesticides, fertilizers and other materials and practices that are not "appropriate" for this project. ¦ During construction, a water quality monitoring program will be implemented to ensure that during construction, no water quality degradation occurs. ¦ The project permits will be conditioned such that no additional impacts to the shoreline or conservation easements will be permitted. ¦ Proposed mitigation will also improve water quality by connecting the existing wetlands (mosquito impoundments) via culverts under AlA and to the saltwater basin to increase flushing onsite and offsite. Shoreline Erosion and Accretion According to the Comprehensive Plan, the beach and dune system is under stress in much of the County. Much of the beach erosion is a result of the inlet jetties interrupting the natural southern littoral drift of sand, although storms have contributed to the problems. Beach restoration is on-going south of the jetty. The primary dune is non-existent or very low in some locations. It has also been impacted by storms, the lack of sand and exotic plant species. Dune restoration including exotic removal and re-vegetation with native plant species and additional dune crossings are needed. Policy 7.1.5.5 of the Comprehensive Plan places some constraints on new developments: Access to the beach for new development will be confined to elevated wallclvcrys that protect dune systems, subject to the Florida Department of Environmental Protection approval. There are no activities proposed that would result in shoaling or erosion on or in the vicinity of the project site. Best management practices will be utilized to control erosion during construction. Erosion control measures utilized during site grading activities could include silt fences and hay bales. The applicant proposes to restore the dune, which is nearly nonexistent due to erosion, to an elevation of approximately 15 feet along the entire length of the property. The dune will also be planted with native species. The dune will be placed in a Conservation Easement. A community dune crossover is proposed to minimize impacts to the dune system. Historic and Cultural Resources An archaeological and historical survey of the Sunset Beach project area was conducted by Panamerican Consultants, Inc. (PCI) in October 2005. Portions of one previously recorded resource 12 Sunset Beach PUD , Supplemental Information Report (8SL15) are recorded within the Sunset Beach property; however, previous investigations of the site, including one conducted by PCI in May 2005, concluded that 8SL15 consisted of spoil piles that were mistakenly recorded as an archaeological site. A June 2, 2005, letter from the State Historic Preservation Officer (SHPO) agreed with the determination.. Based on the results of this investigation, it is the opinion of PCI that development of the Sunset Beach property will not have an effect on sites or properties that have historical, cultural, or sacred significance, or that otherwise meet the minimum criteria for listing in the National Register of Historic Places (NRHP). Development of this property will not affect any cultural resources that are otherwise of local or regional significance. No further archaeological work or historical research was recommended. Flood Hazards A portion of the site is within the Coastal High Hazard Area based on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). The development will be designed in accordance with applicable State and Federal requirements. The proposed project is not anticipated to cause a flood hazard. Floodplain Values The project site is located on the FEMA FIltM number 1211100194 G, revised November 4, 1992. The majority of the site is in Zone AE with flood elevations raging from 7 to 10 feet during the 100- year storm depending on the location within the project site. The easternmost portion of the site is located in Zone VE (EL 12), where the area is a flood zone with velocity hazard (wave action) and the base flood elevation has been determined to be 12 feet. Houses will be constructed in accordance with the FDEP Coastal Construction Control Line (CCCL) Program and the Florida Building Code. The applicant has applied for a CCCL permit to the FDEP Beaches and Coastal Systems for the roadway and the gazebo at the dune crossover. The rezoning is consistent with CCCL requirements. MoscLuito Impoundments The restoration of tidal exchange to the mosquito impoundments is an important habitat restoration measure to improve wetland habitats in the coastal area. The St. Lucie County Mosquito Control District has developed an effective management plan, part of which includes acquisition and the restoration of marshes along the Indian River Lagoon. The County believes that these efforts should continue to be implemented with restoration and development improvements that enhance coastal waters for fisheries and wildlife. The applicant has proposed several mitigation measures including: Restoration of Native Vegetation Removal of nuisance and exotic vegetation and restoration of native vegetation is a priority as described in Policy 7.1.2.2 of the Coastal Element of the Comprehensive plan. The County shall require the removal and eradication of all nuisance and exotic vegetation such as Australian pine, Brazilian pepper, and Melaleuca during construction of new development and replacement with plant species that are consistent with Policy 7.1.2.1. The proposed site plan includes removal of 12.2 acres of Australian pines and restoration of native vegetation to the extent practicable. 13 Sunset Beach PUD Supplemental Information Report 8. Will the proposed rezoning result in an orderly and logical development pattern? Please explain. There is a residential development approximately 1,500 feet to the south of the site that contains oceanfront residential single-family development. The property immediately north of the site is currently in the County site plan approval process for a condominium development. The Indian River Lagoon is located to the west of the site and the Atlantic Ocean is located to the east. The site is proposed to be developed as a high quality single-family oceanfront residential community. It is aloes-profile low-impact development that is considerate of the environmental constraints of the site. The site plan is consistent with the development envisioned for the area (as detailed by the Comprehensive Plan and Land Development Code) which is to facilitate growth and development of the barrier islands while conserving the natural and human values the islands represent. Given the environmentally sensitive nature of barrier islands, the proposed plan ensures that growth and development is clustered away from environmentally sensitive lands and is limited to the more tolerant upland portions of Hutchinson Island. Aesthetics The proposed development is in accordance with the St. Lucie County Land Development Regulations and consistent with the character of development on South Hutchinson Island. The proposed development is also consistent with the oceanfront single-family residential development located south of the site. The proposed rezoning will result in an orderly and logical single-family residential development. Economics According to the Economic Development Element of the Comprehensive Plan, the County must develop and implement activities designed to improve the overall prosperity of St. Lucie County and its residents. The proposed project will increase the assessed value of property, and in turn, increase the ad valorem tax base generating revenue for St. Lucie County. This request allows for the economically viable development of infill property utilizing existing infrastructure. S:~041\04] 124 Sunset Beach\ENV\COiJNTY\Itezoning Justification 6 2 06.doc 14 SUNSET BEACH PUD PRESERVE AREA MANAGEMENT AND MONITORING PLAN August 2006 Revised May 2007 Revised April 2008 TABLE OF CONTENTS 1.0 INTRODUCTION .......................................................................................................................1 2.0 EXISTING SITE VEGETATION 1 3.0 SURVEY REQUIREMENTS 1 3.01 Barricading Requirements 1 3.02 Prohibited Activities 2 4.0 RESTORATION & MAINTENANCE ACTIVITIES ...................................................................2 4.01 Exotic Species 3 4.02 Re-vegetation 3 4.03 Removal of Plant Material 3 5.0 MISCELLANEOUS PROVISIONS &RESTRICTIONS .............................................................3 5.01 Dust 3 5.02 Noise ....................................................................................................................................4 5.03 Periodic Cleanup/Basic Site Restoration ...............................................................................4 5.04 Water Quality 4 6.05 Chemical, Fuel, and other Hazardous Materials ....................................................................4 6.06 Construction Equipment .......................................................................................................4 7.0 MONITORING & MAINTENANCE PLAN ................................................................................4 7.01 Monitoring Set-up 4 7.02 Vegetation Survey ................................................................................................................5 7.03 Panoramic Transect & Quadrat Photographs 5 7.04 Wildlife Utilization 5 7.06 Monitoring Reports 5 Fi ures Description 1 Location Map 2 Vegetation (FLUCFCS) Map 3 Preserve Area Map and Monitoring Plan Tables Description 1 Florida Exotic Pest Plant Council's Category I Invasive Exotic Species 1.0 INTRODUCTION The project site consists of 29.1 acres of land located on South Hutchinson Island 1,700 feet north of the Middle Cove beach access in St. Lucie County. A location map is provided as Figure 1. Kimley-Horn and. Associates, Inc. has been retained by Sunset Beach Investments to provide the supporting information for this Preserve Area Management and Monitoring Plan (Plan) for the proposed on-site Preserve Areas. The following addresses delineation of the Preserve Areas, prohibited activities, and monitoring and maintenance plans for the proposed Preserve Areas. Three Preserve Areas exist on-site: Wetland Preserve Area, Upland Preserve Area and Dune Preservation Zone. 2.0 EXISTING SITE VEGETATION Land uses were classified according to the Florida Department of Transportation's 1999 Florida Land Use, Cover, and Forms Classification System (FLUCFCS). A Vegetation (FLUCFCS) Map of the site is included as Figure 2. The acreages provided for each land cover are based upon field reconnaissance survey information and aerial interpretation. On-site vegetation includes Australian Pine (FLUCFCS 437) and Mangrove Swamps (FLUCFCS 612). Descriptions of land covers are provided below. FLUCFCS 437 -Australian pine (11.2+ acres) The length of property located to the east and west of AlA is dominated by invasive and exotic vegetation. Most of this area is dominated by Australian pine (Casuaruna equiseifolia). Australian pine dominates the uplands (berm) located between the mosquito impoundments and the Atlantic Ocean. FLUCFCS 612 -Mangrove Swamps (13.4 + acres) There are two mosquito impoundments located east of AlA that are managed by the St. Lucie County Mosquito Control District. The mosquito impoundments are separated from a saltwater basin "Joe's Pond" by a man-made berm. Joe's Pond is not part of the subject site. The onsite mosquito impoundments have no direct onsite connection to the IRL. The species observed in the impoundments are red mangroves (Rhizophora mangle), white mangroves (Laguncularia racemosa) and black mangroves (Avicennia germinans). There is a mosquito impoundment and a mangrove swamp within the western portion of the project area that are connected to the IRL, via an offsite culvert. These mosquito impoundments are predominantly composed of red mangroves, black mangroves and white mangroves. 3.0 SURVEY REQUIREMENTS The Preserve Areas will be surveyed. No plant material shall be removed from the Preserve Areas to facilitate surveying, fencing or soil boring sampling without prior permission from a St. Lucie County Environmental Planner. 3. DI Barricading Requirements The developer will ensure that Preserve Areas are protected with physical barriers during all clearing and construction activities in accordance with the following guidelines: a) Barricades (not including turbidity screens) will be high-visibility orange safety fence with a final height of at least 4 feet above the ground. Barricades shall not be attached to vegetation. b) All barricades and turbidity screens will be upright and maintained intact for the duration of construction. t c) Where areas are proposed for clearing (i. e. building envelope, utilities, drainage, road right-of--way, etc.) the bright orange barricades must be offset at least 10 feet outside the Preserve Area or placed at the dripline of the canopy trees, whichever is greater. d) All native vegetation (not slated for removal as part of the development plans) shall be retained in their undisturbed state and will be barricaded at or outside the dripline of the trees. e) Cut or fill will meet existing grade without encroaching into Preserve Areas. f) In the event that any protective barricades are removed or altered and land clearing or construction work is being conducted on-site, all work at the site will be stopped until the barriers are restored and any necessary corrective actions taken to repair or replanting of any vegetation removed or damaged as a result of encroachments g) Preserve areas will be posted with signs marked "Preserve Area" (Figure 3). 3.02 Prohibited Activities Prohibited activities in the Preserve Areas or easements within Preserve Areas include, but are not limited to: construction or placing of building materials on or above the ground; dumping or placing soil or other substances such as garbage, trash, and cuttings; removal or destruction of native trees, shrubs or other native vegetation; excavation, dredging or removal of soil materials; diking or fencing; vehicular traffic including recreational vehicle and off road vehicle use; permanent irrigation, trimming pruning, or fertilization; and any other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife conservation and preservation (accept as required by the St. Lucie County Mosquito Control District). No hazardous material other than fuel for refueling on-site heavy equipment will be stored on-site during the construction phases. On-site fuel tanks will not be located within 25 feet of any Preserve Area and shall be removed upon completion of construction work. Development activities, such as the construction of building pads for associated structures, swales, or culverts for surface water management will not alter the hydrology of adjacent preserve areas. Nor should any activities increase non-point source pollution in the Preserve Areas. 4.0 RESTORATION & MAINTENANCE ACTIVITIES Wetland Preserve Except for approved restoration, maintenance activities and activities associated with the management of the mosquito impoundments (Wetland Preserve Area) by the St. Lucie County Mosquito Control District, the Preserve Area will be left undisturbed. All maintenance of the Preserve Area will be in accordance with this Plan. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. The following activities shall be allowed within the Preserve Area with prior written approval from St. Lucie County. a) Activities associated with the operation and maintenance of the mosquito impoundments by the St. Lucie County Mosquito Control District b) Exotic plant removal c) Revegetation -planting native vegetation, as necessary d) Removal of dead, diseased, or safety hazard plant material 2 Dune Preservation Zone All maintenance of the Preserve Area will be in accordance with this Plan. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. Except for approved restoration, maintenance activities and activities associated dune restoration, the Preserve Area will be left undisturbed. The extent and frequency of the dune restoration will be based on the dune condition. The POA will establish and maintain a Dune Fund for the monitoring, maintenance and restoration of the dune as required. It is anticipated that the dune will be renourished periodically or after significant storm erosion events. All dune work will be completed according to the Sea Turtle Protection Plan and per the FDEP Coastal Construction Control Line permit No. SL-233. Upland Preserve Area All maintenance of the Preserve Area will be in accordance with this Plan. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. The following activities shall be allowed within the Preserve Area with prior written approval from St. Lucie County. e) Exotic plant removal f) Revegetation -planting native vegetation, as necessary g) Removal of dead, diseased, or safety hazard plant material 4.01 Exotic Species Exotic vegetation in Preserve Areas shall be removed by the least ecologically damaging method available. Such methods include hand pulling, hand spading, chain saw and/or treatment with an appropriate herbicide. No debris, such as plant clippings or wood scraps, shall be allowed in the Preserve Areas. All exotic species will be removed within six to nine months of receipt of the first Building Permit. Exotic and invasive species will continually be eradicated in perpetuity, as required. 4.02 Re-vegetation Sunset Beach Investments, LLC will restore 7.1 acres of dune system. Beach compatible sand will be replaced within the primary dune area as was permitted through the Florida Department of Environmental Protection (FDEP). Vegetation within the restoration area will consist of planted railroad vine (Ipomoea pes-caprae) and sea oats (Uniola paniculata), bitter panicum (Panicum amarum), sea grape (Coccoloba uvifera), golden creeper (Ernodea littoralis), and saw palmetto (Serenoa repens). Re-vegetation in the Wetland Preserve Area and the Upland Preserve Area will be performed to meet the performance criteria set forth in the FDEP Permit No. 56-0264272- 001. 4.03 Removal of Plant Material No native plant material shall be removed from the Preserve Areas. Dead or diseased plant material may be removed only upon a written finding by St. Lucie County that the material creates a safety hazard to buildings within the fall zone of the material or the material does not add to the continued health of the Preserve Areas. Re-vegetation may be required for any removed plant material. 5.0 MISCELLANEOUS PROVISIONS & RESTRICTIONS 5.01 Dust During construction, dust annoyance to adjacent property owners and Preserve Areas shall be eliminated via application of water or other approved means. 3 S.OZ Noise Noise resulting from project site construction shall not exceed the noise levels and other requirements stated in St. Lucie County Ordinances. 5.03 Periodic CleanupBasic Site Restoration During construction, all accumulated debris and cleared vegetation will be removed from the project site on a regular basis, and as ordered by the Environmental Consultant and/or Project Engineer. NO construction debris or cleared vegetation shall be moved or stored within the on- site Preserve Areas. 5.04 Water Quality Turbidity curtains and erosion control structures will be installed around all Wetland Preserve Areas to prevent siltation and encroachment of turbid waters. All turbidity curtains and erosion control structures installed will be inspected by the Engineer and the Environmental Consultant prior to construction activities. 6.05 Chemical, Fuel, and other Hazardous Materials All chemicals, fuel, and other hazardous materials used on-site during construction activities, whether herbicide, pesticide, solvent, or reactant of other classification, will be required to have Environmental Protection Agency (EPA) or Housing and Urban Development (HUD) approval. The handling, use, storage, and disposal of such materials, containers, or residues shall be in strict conformance with the manufacturer and or supplier's instructions. NO chemicals, fuel, or other hazardous materials will be stored within the Preserve Areas. A hazardous substance cleanup kit will be kept on-site during construction activities. NO chemicals, fuel, or other hazardous materials will be stored within twenty-five (25) feet of a Preserve Area. 6.06 Construction Equipment NO heavy equipment or construction equipment shall be stored, cleaned, repaired, or fueled in or within twenty-five (25) feet of a Preserve Area. 7.0 MONITORING & MAINTENANCE PLAN The Preserve Areas will be monitored annually for a five (5) year period. A time-zero monitoring report will be completed after planting is complete. Monitoring will be conducted annually and annual reports documenting the results of the annual monitoring event will be prepared, to document the progress of the Preserve Areas located on-site. The reports will include vegetation analysis, wildlife utilization, panoramic photographs, and conclusions of the annual monitoring event. 7.01 Monitoring Set-up The time-zero will consist of setting wetland monitoring transects (T) with multiple quadrats (Q) in the wetlands. The beginning of each transect (T1, Q1) will be marked with a 36-inch survey stake or a concrete monument and will be used for fixed point panoramic photographs. Quadrats will be established along each transect and marked with 36-inch survey stakes painted fluorescent orange and flagging tape. Panoramic photos will be taken at T1, Q1; T2, Q1; T3, Ql; T4, Q1; T5, Q 1; T6, Q 1 and T7, Q 1. Additional single point photos will be taken at all quadrats. These fixed-transects and photo stations will be used to document physical changes in vegetation characteristics in the preserved wetland areas annually. 4 7.02 Vegetation Survey Biologists will conduct annual vegetation surveys of the transects for a period of five (5) years. Each vegetative community type will be represented in the transects and major vegetation zones will be identified. Sample quadrats will be established along the transects, approximately every 200 feet. Vegetation inside the quadrats will be identified to species level, when possible. The percent-coverage of each species will be recorded. 7.03 Panoramic Transect & Quadrat Photographs At the beginning of each transect, a color panoramic photograph (180°) will be taken. A range- pole marked in 12" intervals will be provided in each photograph for scaling vegetation growth. A single photograph will be taken of each quadrat. Panoramic photographs will also be taken at on-site upland Preserve Areas and the conditions of these areas will be discussed in the annual reports. The photographs will provide physical documentation of the conditions within the upland Preserve Area. Photographs taken during the annual monitoring event will be included in the annual reports. 7.04 Wildlife Utilization A qualitative study of wildlife utilization (birds, mammals, amphibians, and reptiles) will be conducted during each monitoring event. Wildlife utilization will be determined by sighting, scat, calls, nests, burrows, tracks, etc. A species list of observed wildlife from each of the annual monitoring event will be compiled and included in the annual reports. 7.05 Exotic Plant Species Exotic and nuisance plant species will be removed, in perpetuity, within the proposed Preserve Areas. Brazilian pepper and Austrailian pine currently located within the property will be removed from site. Other exotic and nuisance species will be treated with an approved herbicide (i.e., Rodeo) or pulled by-hand. Exotic maintenance will be performed on an as needed basis, depending on the existing conditions during each annual monitoring event. The proposed Preserve Areas will be maintained at <5% of listed exotic and nuisance vegetation as defined by the Exotic Pest Council (Table 1). Maintenance will be conducted in perpetuity and run with the land. 7.06 Monitoring Reports Annual monitoring reports, depicting results of each of the annual monitoring event, will be submitted to the St. Lucie County Community Development Department and St. Lucie County Environmental Resource Department. The time-zero report will be submitted within thirty (30) days of the completion of planting the Preserve Areas. Annual reports will be submitted within thirty (30) days of sampling the Preserve Areas. The monitoring reports will contain, but are not limited to, the following information: • date of the monitoring report; • results of the annual vegetation surveys; • results of the annual wildlife surveys; • annual panoramic and quadrat photographs; • discussion of project issues related to vegetation, exotic species and permit compliance, according to St. Lucie County permit conditions. 5 . p ~ x > ~lorlda's. Teske _ _ St. Lucie Pepper Beach St Rec Brea-N Ent - - - - 719 Fod Pierce Inlet St Rec Area-W Eni so7A A t a n t i c ~ ~ - Fort Pierce ~ = ss ~y 68 O c c a n ~ f's, t 77o z 70 F L O R I D A _ - = 613 509A ~ 605 ~rldral7 :~a. 615 - 712 - 3 ' ' S T. L U C I g Ca A1A g 709 x PROJECT VICINITY 707 STATE OF FLORIDA 6 (SEE BELOW) an Pa °PR~r ST. LUCIE COUNTY s ' ~ Oak HammPo, M hesney Park o ~ t 71s s Port S'~t. Luci 'a ~ _....._......_,.Jsn~lO.Basch E ~ ~ ~ Oesarr ersaze Park c MARTIN. ' J r~ • North tttver Shoes ' c ~ ~ ~W Bsckef Rd 707 ~Rfo ST. LUCIE COUNTY AtA x 607A AYef1Ua Q I a _ ~ ~ ~ L ~ se z "Fort Pierce 68 W s 7,3 %`a. 6,5 E 770 S A t/ 8 n t 1 C ~ d ~ "a ' g~ t? c e a n o ~ it O ci h F~L o R I D A PROJECT N € ~ 70 A1A s11 Indian LOCATION o ~ U L S T. 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Florida Land Use, Cover and Forms Classification System,. 1999. LEGEND f Code Community Area N ~ z 437 Australian Pine 11.2 AC 612 Mangrove Swamps 13.4± AC < ; 710 Beaches (other than swimming beaches) 4.4± AC 740 Disturbed Areas 0.1± AC g TOTAL: 29.1 ± AC N ¦ 3i~ ~ Kimley-HOm VEGETATION (FLUCFCS) MAP ~ ~ ~ ? antl Associates, Inc. CO 2008 KIMLEY-HORN ANO ASSOCIATES. INC. SUNSET BEACH 10521 SW vLG CTR DR, STE 103, PORT ST. LUgE, FL 34987 Section 29, Township 35 S, Range 41 E TEL: (772) 345-3800 FAX:(772) 286-0138 ST. LUCIE COUNTY, FLORIDA WWW.KIMLEY-HORN.COM CA 00000698 - P s.w..s o.r~.a ex o~a.n eK cn.aw ex scAtc: PROJ[cT R ogre MAY 2007 KHA JSA ,~S AS SHOWN 041124000 APRIL 2008 FIGURE 2 0 ~ U \ CULVERTS TO IMPROVE IMPOUNDMENT \ g \ \ PRESERVE SIGN ~ ~ , , x \ (TYP) APPROX. 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APRIL 2008 SUNSET BEACH ~ DRANN BY © 2DDE KINLEY_MORN AND ASSOaATES. ,NC. SOUTH HUTCHINSON ISLAND CHECKED Br KMS 10S~ s.M. v.a~ on.., sly ,m, von si wek ti ~aev PROJECT N0. o PIKINE ~»=>„a-,~o~ FAx I~T2~=e^-~,~, oa>>zaooo ST. LUCIE COUNTY, FLORIDA FL°R'°AP.E LIDS"g"°MBER REV APRIL 2008 WWW.KIMLEY-HORN.COM CA 00000696 0 Florida Exotic Pest Plant Council's 2007 List of Invasive Plant Species ~ ~ 1 Purpose of the List: To focus attention on - ~ ~ ~ ~ ~ • ? the adverse effects exotic pest plants have on Florida's biodiversity and plant communities, ~ ' ' ' " ~ ' ? the habitat losses from exotic pest plant infestations, • ? the impacts on endangered species via habitat loss and alteration, • ~ • ~ . • . ? the need to prevent habitat losses through pest-plant management, ~ . ? the socio-economic impacts of these plants (e.g., increased wildfires in certain areas), ? changes in the seriousness of different pest plants over time, ' ' ~ ' ' ? the need to provide information that helps managers set priorities for control programs. ' ' ' • ' 11 ~1 CATEGORY I ~ • Invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. This definition does not rely on the economic severity or geographic range • • of the problem, but on the documented ecological damage caused. ~ • FLEPPC Gov Reg. ~ ~ Scientific Name Common Name Cat. List Dist. Abrus precatorius rosary pea 1 N C, S ' • ~ • Acacia auriculiformis earleaf acacia 1 C, S Albizia julibrissin mimosa, silk tree I N, C • • • • • Albizia lebbech woman's tongue I C, 5 • Ardisia crenata coral ardisia I N, C, S (=A. crenulata misapplied) ~ 1 1 1 Ardisia elliptica shoebutton ardisia I N C, S (=A. humilis misapplied) • Asparagus aethiopicus (=A. sprengeri; asparagus-fern I N, C, S A. densifloras misapplied) Bauhinia variegata orchid tree I C, S 1 . ~ ~ Bischofia javanica bishopwood I C, S • Catophyllum antillanum Santa maria (names "mast wood," I 5 (=C. calaba and C. "Alexandrian laurel" used in cultivation) • • • . ~ ~ inophyllum misapplied) Casuarina equisetifolia Australian-pine, beach sheoak I P, N N, C, S • • • • ~ • Casuarina glauca suckering Australian-pine, gray sheoak I P, N C, S ~ Cinnamomum camphora camphor tree I N, C, S • • Colocasia esculenta wild taro I N, C, S Colubrina asiatica lather leaf I N S ~ ~ • Cupaniopsis anacardioides carrotwood I N C, S ~ ~ ~ ~ Dioscorea aiata winged yam 1 N N, C, S • Dioscorea bulbifera air-potato I N N, C, S ~ • • Eichhornia crassipes water-hyacinth I P N, C, S • ~ ~ Eugenia uniflora Surinam cherry I C, S ~ ~ ~ • Ficus microcarpa (F. nitida and laurel fig I C, S F. retusa var. nitida misapplied) • • Hydrilla verticillata hydrilla I P, U N, C, S • • Hygrophila polysperma green hygro I P, U N, C, S Hymenachne amplexicaulis West Indian marsh grass I C, 5 [mperata cylindrica (I. cogon grass I N, U N, C, S brasiliensis misapplied) r:, Ipomoea aquatica waterspinach I P, U C • Jasminum dichotomum Gold Coast jasmine I C, S Jasminum fluminense Brazilian jasmine I C, S Lantana Camara lantana, shrub verbena I N, C, 5 Ligustrum lucidum glossy privet I N, C Ligustrum sinense Chinese privet, hedge privet I N, C, 5 ~ FLEPPC 2007 List of Invasive Plant Species - FaII 2007 FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. 1 1 Lonicera japonica Japanese honeysuckle I N, C, 5 Ludwigia peruviana Peruvian primrosewillow I N, C, S i ~ ~ • Lygodium japonicum Japanese climbing fem 1 N N, C, 5 • - • • • • Lygodium microphyllum Old World climbing fern I N C, S - Macfadyena unguis-cati cat's claw vine I N, C, 5 • • • Manilhara zapota sapodilla I S • • Melaleuca quinquenervia melaleuca, paper bark I P, N, U C, S • • ~i • Mimosa pigs catclaw mimosa I P, N, U C, S • • Nandina domestica nandina, heavenly bamboo I N, C • • • • • • Nephrolepis cordifolia sword fem I N, C, S ~ Nephrolepis multiflora Asian sword fern I C, 5 Neyraudia reynaudiana Burma reed, cane grass I N S • • • • Paederia cruddasiana sewer vine, onion vine 1 N S • ~ • • • ~ Paederia foetida skunk vine I N N, C, S • , • ~ ~ • • Panicum repens torpedo grass I N, C, S ~ ~ • • ~ ~ • . Pennisetum purpureum Napier grass I N, C, 5 • ~ • • . • Pistia stratiotes waterlettuce I P N, C, S • • , • Psidium cattleianum (=P. littorale) strawberry guava I C, 5 • • • , • • • ~ • • • Psidium guajava guava I C, S ~ • ~ ~ ~ ~ • Pueraria montana var. lobata (=P. lobata) kudzu 1 N N, C, 5 • . • • . , • • • Rhodomyrtus tomentosa downy rose-myrtle I N C, S • • • • Rhynchelytrum repens Natal grass I N, C, 5 • • • • • • • (=Melinis repens) • _ _ Ruellia tweediana Mexican petunia I N, C, S • • • • ~ • • • • R. brittoniana , R. coerulea) . • • Sapium sebiferum (=Triadica sebifera) popcorn tree, Chinese tallow tree I N N, C, S • • ~ ~ • • ~ scaevola taccada scaevola, half-flower, beach naupaka I N C, S (=scaevola sericea, S.frutescens) Schefflera actinophylla schefflera, Queensland umbrella tree I C, S • ' ' ~ • • ' • (=Brassaia actinophylla) • ' • • • ' • • Schinus terebinthifolius Brazilian pepper I P, N N, C, S ~ , • . Senna pendula var. glabrata climbing cassia, Christmas cassia, I C, 5 _ (=Cassia coluteoides) Christmas senna _ • • Solanum tampicense (=S. houstonii) wetland nightshade, aquatic soda apple I N, U C, S • • Solanum viarum tropical soda apple I N, U N, C, S • • • Syngonium podophyllum arrowhead vine I N, C, S • • • • • , • ~ • Syzygium cumini jambolan plum, Java plum I C, S Tectaria incisa incised halberd fern 1 S • ~ Thespesia populnea seaside mahoe I C, S • • • , ~ • , ~ • • ~ • Tradescantia fluminensis white-flowered wandering jew I N, C • • • ~ • ~ • Urochloa mutica Para grass I C, S Brachiaria mutica) • • • • , • • • • CATEGORY II _ Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the • • ~ • extent shown b Cate o I s ecies. Theses ecies ma become ranked Cate o I, i ecolo cal lama a is demonstrated. Y g ry P P y g rY f gi S • • • • • • FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist • • - Adenanthera pavonina red sandalwood Il 5 • Agave sisalana sisal hemp II C, S • • ~ • Aleurites fordii (=Uernicia fordii) tung oil tree Il N, C _ • Aistonia macrophylla devil tree II S • • Alternanthera philoxeroides alligator weed II P N, C, S • • Antfgonon leptopus coral vine II N,,C, S . • Aristolochia littoralis calico flower II N, C, S FLEPPC 2007 List of Invasive Plant Species -Fall 2007 FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. 1 1 Asystasia gangetica Ganges primrose II C, S Begonia cucullata wax begonia lI N, C, S ~ ~ Blechum pyramidatum green shrimp plant, Browne's blechum II N, C, S t , Broussonetia papyrifera paper mulberry II N, C, S , ~ ~ • ~ ~ • ~ ~ Callisia fragrans inch plant, spironema 11 C, S ~ ~ Casuarina cunninghamiana river sheoak, Australian-pine 11 P C, S ~ ~ • ~ Ceoopia paimata trumpet tree II S ~ ~ • Cestrum diurnum day jessamine II C, S ~ ~ ~ Chamaedorea seifrizii bamboo palm I1 S ~ • ~ Clematis terniflora Japanese clematis II N, C ~ ~ ~ ~ Cryptostegia madagascariensis rubber vine II C, S Cyperus involucratus umbrella plant lI C, S • ~ (C. alternifolius misapplied) Cyperus prolifer dwarf papyrus II C, S ~ ~ ~ Dalbergia sissoo Indian rosewood, sissoo II C, 5 . ~ ~ Elaeagnus pungens silverthorn, thorny olive II N, C ~ ~ Epipremnum pinnatum cv. Aureum pothos I1 C, S ~ ~ Ficus altissima false banyan, council tree II S 1,~• ~ 1 Fiacourtia indica governor's plum II S ~ ~ . Hemarthria altissima limpo grass II C, S ~ • Hibiscus tiliaceus (=Taiipariti tiliaceum) mahoe, sea hibiscus II C, 5 ~ ~ ~ ~ ~ Ipomoea fistulosa shrub morning-glory II P C, S _ (=1. carnea ssp. fistulosa) ~ ~ ~ ~ ~ Jasminum sambac Arabian jasmine II S ~ ~ • Kalanchoe pinnata life plant Il C, S ~ ~ - Koelreuteria elegans ssp. flamegold tree II C, S • ~ ~ formossna (=K. Jormosana; K. panicuiata misapplied) • t t ~ t , Leucaena leucocephala lead tree lI N N, C, S , ~ ~ . ~ ~ . ~ ~ Limnophila sessiliflora Asian marshweed II P, U N, C, 5 Livistona chinensis Chinese fan palm II C, S ~ t ~ t Melia azedarach Chinaberry li N, C, S • ~ Melinis minutiflora Molassesgrass II C,S ~ ~ ~ Merremia tuberosa wood-rose II S _ • ~ . C ~ ~ ~ Murraya paniculata orange-jessamine II S ~ • ~ ~ ~ • ~ • Myriophyllum spicatum Eurasian water-milfoil II P N, C, S ~ ~ t . Nymphoides cristata snowflake II C, S ~ . • ~ Panicum maximum Guinea grass II N, C, S • ~ • ~ Passiflora biflora two-flowered passion vine II S , ~ Pennisetum setaceum green fountain grass II S Phoenix reclinata Senegal date palm II C, S • ~ Phyllostachys aurea golden bamboo II N, C • ~ • Pittosporum pentandrum Philippine pittosporum, Taiwanese cheesewood II 5 ~ , ~ , ~ Pteris vittata Chinese brake fern II N, C, S • . ~ Ptychosperma elegans solitaire palm II 5 . ~ ~ ~ ~ ~ Rhoeo spathacea (see Tradescantia spathacea) ~ ~ ~ . , ~ Ricinus communis castor bean II N, C, S ~ ~ . ~ ~ Rotala rotundifolia roundleaf toothcup, dwarf Rotala, 11 5 ~ ~ ~ ~ Sansevieria hyacinthoides bowstring hemp II C, S Scleria lacustris Wright's nutrush lI C, S Sesbania punicea purple sesban, rattlebox 11 N, C, S Solanum diphylium two-leaf nightshade II N, C, S Solanum jamaicense Jamaica nightshade II C Solanum torvum susumber, turkey berry 11 N, U N, C, S FLEPPC 2007 List of Invasive Plant Species -Fall 2007 FLEPPC Gov. Reg. 1 Scientific Name Common Name Cat. Lis[ Dist. ~ ~ Sphagneticola trilobata wedelia II N, C, S (=Wedelia Mlobata) S[achytarpheta cayennensis nettle-leaf porterweed II S t .t• t (=5. urticifolia) • • t t t Syagrus romanzoffiana queen palm II C, S • t t • t • (=Arecastrum romanzoffianum) Syzygium jambos rose-apple II C, S t • • Terminalia catappa tropical-almond II C, S •t t t .tt - Terminalfa muelleri Australian-almond II C, S • t t Tradescantia spathacea oyster plant II S • • (=Rhoeo spathacea, Rhoeo discolor) • t • • Tribulus cistoides puncture vine, burr-nut lI N, C, S t Urena Iobata Caesar's weed lI N, C, 5 • t Vitex trifolia simple-leaf chaste tree II C, S t • Washingtonia robusta Washington fan palm II C, S • • Wedelia (see Sphagneticola above) t t t . • • Wisteria sinensis Chinese wisteria II N, C • • Xanthosoma sagittifolium malanga, elephant ear II N, C, 5 t t t • t t Citation example: t . FLEPPC. 2007. List of Florida's Invasive Plant Species. Florida Exotic Pest Plant Council. Internet: http://wwwfleppc org/071ist.htm or Wildtand Weeds Vol. 10(4), Fall 2007. The 2007 list was prepared by the FLEPPC Plant List Committee: 11 t t Keith A. Bradley -Chair (2006-present), The Institute for Regional Conservation, 22601 S.bV 152"' Ave., Miami, FL 33170 • • Kathy Craddock Burks -Chair (2001-2006) Nancy Craft Coile, Botanist Emerita, Division of Plant Industry, Florida Department of Agriculture and Consumer Services, 22804 N.W County Road 2054, Alachua, FL 32615 Janice A. Duquesnel, Florida Park Service, Florida Department o[ Environmental Protection, PO. Box 1052, Islamorada, FL 33036 David W. Hall, Private Consulting Botanist, 3666 N.W 13'" Place, Gainesville, FL 32605 Roger L. Hammer, Miami-Dade Parks Department, Castellow Hammock Nature Center, 22301 S.W 162"`' Ave., Miami, FL 33030 • t Patricia L. Howell, Broward County Parks, Environmental Section, 950 NW 38`s Street, Oakland Park, FL 33309 • • • • • • ' Colette C. Jacono, U. S. Geological Survey, Center for Aquatic Resources Studies, 7920 NW 71st Street, Gainesville, FL 32653 t • t Kenneth A. Langeland, Center for Aquatic and Invasive Plants, IFAS, University of Florida, 7922 N.W 71st St., Gainesville, FL 32606 _ • Chris Lockhart, Florida Natural Areas Inventory, do PO Box 243116, Boynton Beach, FL 33424-3116 Gil Nelson, Gil Nelson Associates, 157 Leonard's Drive, Thomasville, GA 31792 Robert W. Pemberton, Invasive Plants Research Lab, U.S. Dept. of Agriculture, 3225 College Ave., Ft. Lauderdale, FL 33312 t • 1 t 11 Jimi L. Sadie, Everglades National Park, 40001 State Road 9336, Homestead, FL 33034 - t • • - Robert W. Simons, 1122 S. W. 11th Avenue, Gainesville, FL 32601-7816 • t • t t • t ~ ~ t Sandra M. Vardaman, Alachua County Forever Land Conservation Program, Alachua County Environmental Protection Dept., 201 SE 2nd Avenue, Suite 201, Gainesville, Florida 32601 • • • • • • • Daniel B. Ward, Department of Botany, University o[ Florida, 220 Bartram Hall, Gainesville, FL 32611 • t t . t • 1 Richard P. Wunderlin, Institute for Systematic Botany, Dept. of Biological Sciences, University of South Florida, Tampa, FL 33620 - • • FLEPPC Database -The Florida Exotic Pest Plant Database contains over 6,000 sight records of infestations of FLEPPC • t t • • • Category I and Category II species in Florida public lands and waters. 360 species are recorded. Nearly all of the records t, t • - i t are from local, state, and federal parks and preserves; a few records document infestations in regularly disturbed public lands such as highway or utility rights-of-way. Natural area managers and other veteran observers of Florida's natural . t • .t landscapes submit these records, with many supported further by voucher specimens housed in local or regional her- e t baria for future reference and verification. New and updated observations can be submitted online at www.fleppc.org/ t • • t t t EDDMapS/ This database, along with other plant-data resources such as the University of South Florida Atlas of Florida • • Vascular Plants at www.plantatlas.usf.edu, the Florida Natural Areas Inventory database at www.fnai.org, and The Institute for Regional Conservation Floristic Inventory of South Florida database at www.regionalconservation.org, provides important basic supporting information Eor the FLEPPC List of Invasive Plant Species. ltnages of FLEPPC-listed species may be Eound at one or more of the following websites: University of South Florida Atlas of Florida Vascular Plants, www.plantatlas.usf.edu; the "Introduced Species" page on the University of Florida ~ Herbarium website, www.ffmnh.uR.edu/herbarium/caUdigitalimagingprojects.htm; at Fairchild Tropical Garden's Virtual t. • - Herbarium, www.virtualherbarium.org/vhportal.html, The Robert K. Godfrey Herbarium at FSU, http://herbarium.bio. Ew fsu.edu/index php; and at the University of Florida's Center for Aquatic and Invasive Plants, http //planis.ifas ufl edu. P Please note that greater success and accuracy in searching for plant images is likely if you search by scientific name rather C than a common name. Common names often vary in cultivation and across regions. For additional information on plants included in this list, see related links and pages at www.fleppc.org. r 1 1 1 1 FLEPPC 2007 List of Invasive Plant Species -Fall 2007 ~~ao~cnoN Florida Department of Charlie Grist ~ Governor Envlronmental Protection Jeff Kottkamp Marjory Stoneman Douglas Building Lt. Governor 0 3900 Commonwealth Boulevard Michael W. Sole Tallahassee, Florida 32399-3000 Secretary July 23, 2008 Sunset Beach Investments, LLC - ,,yT c/o Michael E. Kiefer, Jr. Kimbley-Horn & Associates, Inc. . 10521 South West Village Center Drive, Suite 103 Port St. Lucie. Florida 34987 Dear Mr. Kiefer: '~'~~l~l~t~ AUG 0 5 2Q0~ Notice to,Proceed~W;ithheld Permit Number: ,SL-233< r Vsc ~•Y 1.€ f ~Gi! IGI~G! S E4/eFC Permittee Name: Sunset Beach Investments, LLC Your =repudst ,for a permit pursuant to Section 161.053, Florida Statutes, for construction or other activities seaward of the coastal construction control; line, has been .approved by the Department of Environmental Protection. However, construction may riot commence until after the permittee has received a notice to proceed in accordance with Special Permit Condition(s) 1, 2, 3, 4, 5, and 6, and the permittee complies with any preconstruction requirements described in Special Permit Condition(s) 7 and 9. Please read the permit and permit conditions including both the General Permit Conditions and any Special Permit Conditions closely before starting construction. General Permit Conditions 1(q), 1(r), and 1(s) pertain to written reports which must be submitted to the Department. of Environmental Protection at specified times. Forms for use in preparation of these reports are enclosed. Make sufficient copies of the periodic report form to provide the required reports. The periodic reports are due in the office of the Bureau of Beaches and Coastal Systems on a monthly basis on the last working day of each month. No progress reports are required until such time as construction activities have started. The permit will expire on July 23, 2011. Upon receipt of a timely written request signed by the permittee or authorized'`agent, he Department. will consider extending the permit for. up to but no more than three years. You must apply fora new permit for completion of any work not accomplished under the original permit. Although you may apply for a new permit, there is no assurance that such new permit for the same construction or activities would be approved. Any person whose substantial interests are affected by any decision of the Department on the application has the right to request an administrative hearing in accordance with the provisions of Sections 120.569 and 120.57 of the Florida Statutes. Should you desire an administrative hearing, your request must comply with the provisions of Rule 28-106.201 of the Florida Administrative Code, as indicated below. Send requests for hearings to the Department of Environmental Protection; Office of General Counsel, 3900 ~Y ~ ~ "More Protection, Less Process " ~ ' ~L iennn.u ion ctnta ~ uc Michael E. Kiefer, Jr. July 23, 2008 Page Two Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399. The Department must receive the request within. twenty-one (21) days after your receipt of this notice. When the Department receives an adequate and timely filed request for hearing, the Department will request the assignment of an administrative law judge. Once an administrative law judge is requested, the referring agency will take no further action with respect to the proceeding except as a party litigant, as long as the Division of Administrative Hearings has jurisdiction over the formal proceeding. Rule 28-106.201(2), Florida Administrative Code, explains what must be included in a petition for a formal administrative proceeding. Section 120.54(5)(b)4, Florida Statutes, and Rule 28-106.201(2) of the Florida Administrative Code, explain what must be included in a petition for a formal administrative proceeding. Unless otherwise provided by statute, and except for agency enforcement and disciplinary actions that shall be initiated under Rule 28-106.2015, F.A.C., initiation of proceedings shall be made by written petition to the agency responsible for rendering final agency action. The term "petition" includes any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of material fact. Each petition shall be legible and on 8 1/2 by 11 inch white paper. Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced. (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the Department's action; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department's proposed action; (f) A statement of the specific rules or statute the petitioner contends require reversal or modification of the Department's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department's proposed action. A person may request an extension of time to petition for an administrative hearing. The person filing the request for extension must do so within the time limits for filing a petition described above and serve all parties with the request. The request must state why an extension is needed. The Department will grant an extension only when good cause is shown. Michael E. Kiefer, Jr. July 23, 2008 Page Three If a petition or request for extension of time is filed, further order of the Department becomes necessary to effectuate this notice. Accordingly, the Department's final action may be different from the position taken by it in this notice. Actions undertaken by you under this permit, pending the lapse of time allowed for the filing of such a request for hearing, may be subject to modification, removal, or restoration. Failure to petition within the allowed .time frame constitutes waiver of any right that such a person has to request a hearing under Sections 120.569 and 120.57 of the Florida Statutes and to participate as a party to the proceeding. If a legally sufficient petition for hearing is not timely received this notice constitutes final agency. action. When this order becomes final, any party to the order has the right to seek judicial review under Section 120.68 of the Florida Statutes and Rules 9.030(b)(1) and 9.110 of-the Florida Rules of Appellate Procedure by filing a .notice of appeal with the Department of Environmental Protection, Office of General Counsel, Department Clerk, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399, and with the appropriate district court of appeal within thirty days after this final order is filed with the Department Clerk. The notice filed with the district court must be accompanied by the filing fee specified in Section 35.22(3) of the Florida Statutes. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed under Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Department's proposed agency action may choose to pursue mediation as an alternative remedy under Section 120.573 before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Department's action or proposed action. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, by the same deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e)-The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; Michael E. Kiefer, Jr. July 23, 2008 Page Four (f) The name of each party's representative who shall have the authority to settle or recommend settlement, and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and- incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57 for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such set forth above, and must therefore file their petitions within twenty-one days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. The authorized work is strictly limited to that described on the enclosed Final Order. If you have any questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail Station 300), by telephone at (850) 921-7778, or by email at kristen.sella(a~dep.state.fl.us. Sincerely, Kristen Nelson Sella, Permit Manager Bureau of Beaches and Coastal Systems KNS/dw Enclosures cc: Permit Information Center Mark Taynton, Field Engineer St. Lucie County, Building Official Sunset Beach Investments, LLC, Property Owner NOTE: THIS AUTHORIZATION ~~,~E~~~,\PAO~E[110 DEPARTMENTSOF ENV RONMEN AL PROTECTION IS DIFFERENT FROM THE ~ Division of Water Resource Management Bureau of Beaches and Coastal Systems ORIGINAL REQUEST. SEE t ~ 3900 Commonwealth Blvd. -Mail Station 300 SPECIAL PERMIT CONDITIONS. ~ FIOR A Tallahassee, Florida 32399-3000 o (850) 488-7708 PERMIT NUMBER: SL-233 PERMITTEE Sunset Beach Investments, LLC c/o Michael E. Kiefer, Jr. Kimley-Horn & Associates, Inc. 10521 South West Village Center Drive, Suite 103 Port St. Lucie, Florida 34987 PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINAL ORDER FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was filed by the applicantfpermittee named herein on May 3, 2006, and was determined to be complete pursuant to rule on April 9, 2008. However, on July 8, 2008, and subsequent dates, the applicant waived the 90-day time limit imposed on the Department for processing completed applications pursuant to Chapter 120, Florida Statutes, until July 18, 2008. The proposed project is to be located landward of the 30-year erosion projection. There is no continuous and uniform line of construction in the project vicinity. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a nature that they will result in no significant adverse .impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005, Florida Administrative Code; and that it is an activity or type of construction which the Chief of the Bureau of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 100, effective September 27, 2002. Based on the foregoing considerations, the Bureau Chief approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(5), Florida Statutes. EXPIRATION DATE: July 23, 2011 LOCATION: Between approximately 354 feet north and 1,463 feet south of the Department of Environmental Protection's reference monument R-60, in St. Lucie County. Project address: Sunset Beach, South Hutchinson Island. PERMITTEE: Sunset Beach Investments, LLC . PERMIT NUMBER: SL-233 PAGE 2 PROJECT DESCRIPTION: Paved Access Road 1. Location relative to control line: Varying from approximately 46 feet to 60 feet seaward at the north and south ends, respectively. The cul-de-sac at the south end extends to a maximum distance of 75 feet seaward of the control line. 2. Exterior dimensions: 24 feet in the shore-normal direction by approximately 1,700 feet in the shore-parallel direction including a 100-foot diameter circular cul-de-sac on the south end. 3. Type of foundation: 1.5-inch thick Type-S asphalt over 8-inch limerock base and 12-inch compacted sub-grade. Swimming Pool (See. Special Permit Conditions 2 and 3) 1. Location relative to control line: Approximately 8 feet seaward, with decking extending up to 18 feet seaward. 2. Exterior dimensions: Approximately 20 feet in the shore-normal direction by 40 feet in the shore-parallel direction. 3. Type of foundation: Pile. 4. Deck elevation of swimming pool: +8.6 feet (NAND). Restroom Facilities (See Special Permit Conditions 2 and 3) 1. .Location relative to control line: Approximately 18 feet seaward. 2. Exterior dimensions: Approximately 15 feet in the shore-normal direction by approximately 15 feet in the shore-parallel direction. 3. Type of foundation: Slab on-grade. Dune Enhancement 1. Location relative to control line: Approximately 240 feet seaward for the northernmost portion and approximately 250 feet seaward for the southernmost portion of the project. The seaward toe of the dune is to be located a minimum of 80 feet upland of the mean high water line. 2. Dimensions of dune: A maximum of 1,800 feet in the shore-parallel direction by a variable shore-normal width. Seaward side slopes are to be a maximum 1:3 (1-foot vertical to 3 feet horizontal). Terminal ends are tapered to match existing grade at property lines. 3. Dune crest elevation: Approximately +13.5 feet (NAND). PERMITTEE: Sunset Beach Investments, LLC PERMIT NUMBER: SL-233 PAGE 3 4. Volume of imported fill to be placed: The placement of a maximum 12,000 total cubic yards of beach compatible sand. See Special Permit Conditions 11 and 12. Excavation/Fill (See Special Permit Conditions 2.2 and ll) 1. Total volume of excavation: Approximately 275 cubic yards for a dry retention pond. Volume of net excavation: None; excavated material to be placed as fill on the project site. 2. Location of excavation: From 0 feet to 21 feet seaward of the control line. 3. Maximum depth of excavation: To elevation +1.5 feet (NAND); 1.5 feet below existing grade. 4. Volume of fill to be placed: Approximately 11,000 cubic yards for site grading, not including dune enhancement fill. Location of fill to be placed: From 0 feet to 204 feet seaward of the control line. Other Structures/Activities 1. A sheet pile bulkhead/retaining wall extending approximately 700 feet in the shore-parallel direction shall be located landward of the paved access road. 2. A beach/dune walkover structure with a switchback 90 feet in the shore-parallel dimension. See Special Permit Conditions 2.3 and 14. 3. A sidewalk of dimensions 5 feet shore-normal by 1,700 feet shore-parallel is to be located a maximum of 54 feet seaward of the control line. 4. Stormwater management system consisting of conveyance devices, exfiltration trenches and Detention Pond 1, located a maximum of 40 feet to 60 feet seaward of the control line at the north and south ends, respectively. 5. Water and sanitary sewer utilities to be located within the paved access road rights-of--way. 6. An irrigation system is to be located a maximum of 250 feet seaward of the control line. See Special Permit Condition 12.2. 7. Landscape plantings are to be located approximately 168 feet seaward of the control line. 8. Dune enhancement plantings are to be located a maximum of 254 feet seaward of the control line. See Special Permit Condition 12. 9. Exterior and landscape lighting. See Special Permit Condition 15. PERMITTEE: Sunset Beach Investments, LLC PERMIT NUMBER: SL-233 PAGE 4 10. A temporary equipment staging and material storage area of dimensions 70 feet in the shore- normal direction by 250 feet in the shore-parallel direction is to be located a maximum of 168 feet seaward of the control line. SPECIAL PERMIT CONDITIONS: 1. No work shall be conducted under this permit until the permittee has received a written notice to proceed from the Department. 2. Prior to issuance of the notice to proceed, the permittee shall submit two copies of the following plans. These documents shall be signed and sealed by the design engineer or architect (as appropriate), who must be registered in the State of Florida. These plans and specifications shall be subject to approval from the staff of the Bureau of Beaches and Coastal Systems, and shall include or reflect the following: 2.1. Construction details, elevations and specifications for the swimming pool, pool deck, and restroom. 2.2. Revised final site and grading plans specifying location and volume in cubic yards of excavation for swimming pool and other structures. 2.3. Revised construction details depicting the dune walkover to be no greater than 6 feet in width with pilings no greater than 6-inch by 6-inch, and the walkover extending no further than 10 feet seaward of the vegetation. 3. Prior to issuance of the notice to proceed, the permittee shall submit an additional application processing fee of $2,000 for two non-habitable major structures (swimming pool and restroom) pursuant to Rule 62B-33.0085, F.A.C. 4. Prior to issuance of the notice of proceed, the permittee shall provide the Bureau of Beaches and Coastal Systems written evidence that a Development Order for the proposed Sunset Beach site plan authorized under this permit has been approved by St. Lucie County. 5. Prior to issuance of the notice to proceed, the -permittee shall provide the Department with written evidence that a restrictive notice has been provided in the deed covenants and restrictions for the. subject property and recorded with the Clerk of the Court for St. Lucie County. The restrictive notice shall establish a dune protection zone with a seaward limit at the seasonal high water line and a landward limit 25 feet east of the 1978 coastal construction setback line; provide that salt-tolerant vegetation indigenous to the site's beach dune and coastal strand plant communities shall be maintained in perpetuity and if damaged or destroyed by a storm event shall be restored to pre-storm conditions; provide that the location and configuration of the dune protection zone may be modified on request of the property- owner and approval by the Department subsequent to significant changes in shoreline locations and conditions; and provide that such deed covenants and restrictions shall be enforceable by the Department of Environmental Protection. Prior to filing notice with the Clerk of the Court, the permittee shall submit a draft of the required notice for review and acceptance by the Department's legal staff. PERMITTEE: Sunset Beach Investments, LLC PERMIT NUMBER: SL-233 PAGE 5 6. Prior to issuance of the notice to proceed, the permittee shall provide written evidence that a public notice of the Department's action has been published for one day in the largest newspaper of general circulation in the county where the proposed project is located. A certification from the newspaper showing compliance shall be provided to the staff. The public notice must be published within 10 days of the date of issuance of this permit. 7. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Bureau of Beaches and Coastal Systems to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Mark Taynton, toll-free pager number 877/314-1329, to schedule a conference. 8. Construction activity authorized by this permit shall not commence until after the time period provided in the public notice and newspaper advertisement for the public to exercise any rights they may have under Chapter 120, Florida Statutes, has expired, or if a hearing is requested, disposition of the hearing request has been made. 9. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing vegetation located on the site and avoid interference with public beach access and nesting sea turtles. 10. No construction, operation, transportation or storage of equipment or materials, and no temporary lighting of the construction area is authorized in marine turtle nesting habitat, seaward of the frontal dune crest or seaward line of vegetation, at any time during the marine turtle nesting season (March 1 through October 31). 11. The permittee shall comply with the Department approved Sand QA/QC plan dated May 2008: 1 l.l. All fill material placed seaward of the control line shall consist of sand that is similar to the native beach sand in both coloration and grain size and be free of construction debris, metal, vegetation, organic soils, rocks, clay, or other foreign matter. Three benchmark fill material samples, each approximately 3/4 pound of beach compatible sand submitted on March 6, 2008 from Stewart Mining Industries and approved by the Department for dune- placement, shall be available for inspection .and approval at the preconstruction conference and retained for permit compliance: one by the Department's field representative, one by the permit holder and one retained on site by the contractor. 11.2. Any single or cumulative placement of greater than 15 yards of material determined not to meet the benchmark beach sand sample quality shall be re-mediated. Upon discovery of such an occurrence, all fill placement shall cease and the incompatible material removed and disposed of in an upland site. The permit holder shall report all quantities PERMITTEE: Sunset Beach Investments, LLC . PERMIT NUMBER: SL-233 PAGE 6 of incompatible material removed off the project site and replace any unsuitable material with beach compatible sand. 12. Prior to completion of construction activity, the permittee shall have completed all dune restoration work in accordance with the following criteria: 12.1. Grades shall be set, beach compatible sand shall be placed and construction fences installed so as to avoid or minimize direct burial of significant stands of woody and perennial native beach dune vegetation that has re-established within the proposed dune enhancement area. 12.2. Within 180 days, a minimum 90 percent overall survival rate of the planting units will be established and 90 percent of the planted area covered with the selected species. The permittee shall replant all deficient areas and maintain the plantings until the above success criterion are met and the project is complete. Irrigation systems and other structures shall be placed and operated to avoid sea turtle nesting habitat. Irrigation systems installed within the area of dune restoration shall be buried a minimum of 3 inches and shall be removed after approval of planting success by the Department. 12.3. The dune restoration area shall be protected -from foot traffic or other encroachments. Signs, rope and bollard barriers, or sand fencing will be constructed as found necessary and as required by the Department field representative to prevent trampling of vegetation and erosion of the dune feature. 12.4. All planting stock shall be derived from Atlantic Coast Florida plants. Northern sea oats (Chasmanthium latifoliuml, shall be replaced on the Dune Planting Plan Plant Schedule with sea oats jUniolapaniculata). 12.5. Prior to submitting the final certification,. the permittee shall submit an as-built plan prepared and certified by a licensed landscape architect showing the completion of the dune restoration in accordance with the design specifications and conditions of the permit. 13. Landscaping shall be in accordance with the Department approved plan and the. permittee shall remove all invasive nuisance plant species from seaward of the control line, including but not limited to Australian pine (Casuarina spp.), Brazilian pepper (Schinus terebinthifolius), beach naupaka (Scaevola laccada), and others on the Florida Exotic Pest Plant Advisory Council List of Category I and II Invasive Species. Large specimen palms are not authorized seaward of a major structure or decks. Plantings in other areas of the project site shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council's May 2003 List of Invasive Species Category I and II. PERMITTEE: Sunset Beach Investments, LLC PERMIT NUMBER: SL-233 PAGE 7 14. The deck of the walkover structure shall maintain an elevation above existing grade, and the width of the structure shall not exceed 6 feet. The piles for the walkover structure shall not be greater than 6-inch by 6-inch posts and shall not be encased in concrete. The walkover shall extend at least up to the existing line of vegetation but not further than 10 feet seaward of the vegetation. The optimum siting of the walkover structure shall be determined by the staff representative during the preconstruction conference to provide maximum protection to the existing dune topography and vegetation located on the site. 15. All lighting shall be installed and maintained as depicted in the approved lighting schematic. No additional permanent exterior lighting is authorized. Approved plans are incorpo ~ate,~i into this permit by reference. Done and ordered this ~ ~ day of -~.1 w 2008, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to 5120.52 Department of Environmental Protection Florida Statutes, with the designated Department Clerk, receipt of which is hereby owledged. ~ D Michael R. arnett, P.E., Chief Deputy Clerk Date Bureau of Beaches and Coastal Systems FINAL CERTIFICATION May NOIE(ipg ~ Bureau of Beaches and Coastal Systems Division of Water Resource Management FlORi6A Mail to' Florida Department of Environmental Protection Permit Number: SL-233 0 3900 Commonwealth Boulevard .Mail Station 300 Tallahassee, Florida 32399-3000 Permittee Name: Sunset Beach Investments, LLC This is to certify that the work under the permit for construction or other activities seaward of the coastal construction control line pursuant to Section 161.053, Florida Statutes, was inspected by the undersigned and was found to be acceptable and satisfactory in accordance with the approved plans and project description and with all conditions of the permit. All permitted construction or activities have been completed, and no unpermitted construction or activities have occurred. Location and elevations specified by the permit and approved plans have. .been verified and found to be correct, and topography and vegetation have been either preserved or restored as required by the permit. FOR WORK INCLUDING: Construction of a paved access road, swimming pool, restroom facilities, dune enhancement, other structures/activities, excavation, and placement of fill. NOTE: Any deviations from the permit and any portions of the permitted work not actually performed shall be noted and described in detail as an exception to this certification. Signature of Engineer or Architect Date Typed or Frinted Name of Engineer or Architect (Seal) State of Florida Registration Number DEP Form 73-1 ] 5B (Updated 9/05) PERIODIC PROGRESS REPORT ~ ~`~~~+~,noiEnr~ Bureau of Beaches and Coastal Systems ~ Division of Water Resource Management FLORIDA ~ Mail to: Florida Department of Environmental Protection PERMIT NUMBER: SL-233 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 PERMITTEE NAME: SUNSET BEACH INVESTMENTS, LLC 1. If construction has occurred, please describe its maximum extent in the space provided below (1f no work at all has been performed, please report "Not Started." If construction or other authorized activity has begun but no progress has been made since the last report, please report "No Progress"): - CONSTRUCTIO.N TO DATE INCLUDES: 2. All work performed as of this date is described above and is hereby certified to be in compliance with the project description and plans approved by the Department of Environmental Protection as part of the permit and with all conditions of the permit. Locations and elevations of all construction as of this date have been specifically verified as i applicable and have been found to comply with the project description, approved plans, and conditions of the permit.. No unpermitted construction or activity has occurred (Any exceptions to the statement above are to be described and explained under Item Number 1 above, as part of this report. The explanation should state why the construction or activities not in accordance with the permit has occurred.) j 3. The property owner or authorized agent may sign these progress reports. However for new armoring or major , reconstructed armoring, the reports must be signed by an engineer licensed in the state of Florida following each period in which construction has occurred. (Seal) Signature of Engineer (if applicable) Date I Typed or Printed Name of Engineer (if applicable) I Florida Registration Number (if applicable) i Signature of Property Owner or Authorized Agent (if applicable) Date I i I Typed or Printed Name of Property Owner or Authorized Agent I DEP Form 73-111 (Revised 6/04) I FOUNDATION LOCATION CERTIFICATION W}101E(710.r 8~` 'i Bureau of Beaches and Coastal Systems o FLOR A Division of Water Resource Management Mail to: Florida Department of Environmental Protection Permit Number: SL-233 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000. Permlttee-Name: SUnSet Beach IriyCStmeritS, LLC ~ This is to certify that all aspects of the foundation location, as constructed, are in accordance with both the plans and the project description approved by the Department of Environmental Protection as part of the permit. The foundation location certification is based upon such surveys as are necessary to determine the actual location specified below: Distance the seawardmost piling has been placed as measured perpendicular to the coastal construction control line: ~ feet Note: Any deviations from the approved plans and specifications shall be stated as an exception to this certification. No further vertical construction on the permitted structure is authorized until the Bureau of Beaches and Coastal Systems has notified the permittee, in writing, that this foundation location certification has been approved. Signature of Applicant Date Typed or Printed Name of Applicant Signature of Surveyor Date Typed or Printed Name of Surveyor (Seal) State of Florida Registration Number DEP Form 73-114B (Updated 9/05) PERIODIC PROGRESS REPORT WWlLOIEC Bureau of Beaches and Coastal Systems ~ Division of Water Resource Management FLORIDA Mail to: Florida Department Of Environmental Protection PERMIT NUMBER: SL-233 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3006 PERMITTEE NAME: SUNSET BEACH INVESTMENTS, LLC 1. If construction has occurred, please describe its maximum extent in the space provided below (If no work at all has ~ been performed, please report "Not Started." If construction or other authorized activity has begun but no progress has been made since the last report, please report "No Progress"): CONSTRUCTION TO DATE INCLUDES: ' 2. All work performed as of this date is described above and is hereby certified to be in compliance with the project description and plans approved by the Department of Environmental Protection as part of the permit and with all conditions of the permit. Locations and elevations of all construction as of this date have been specifically verified as applicable and have been found to comply with the project description, approved plans, and conditions of the permit. No unpermitted construction or activity has occurred (Any exceptions to the statement above are to be described and explained under Item Number 1 above, as part of this report. The explanation should state why the construction or activities not in accordance with the permit has occurred.) 3. The property owner or authorized agent may sign these progress reports. However for new armoring or major reconstructed armoring, the reports must be signed by an engineer licensed in the state of Florida following each period I in which construction has occurred. (Seal) Signature of Engineer (if applicable) Date I I Typed or Printed Name of Engineer (if applicable) i I Florida Registration Number (if applicable) I i Signature of Property Owner or Authorized Agent (if applicahle) Date Typed or Printed Name of Property Owner or Authorized Agent i DEP Form 73-111 (Revised 6/04) EXAMPLE OF NEWSPAPER ADVERTISEMENT PUBLIC NOTICE State of Florida Department of Environmental Protection You are hereby notified that the Department of Environmental Protection has issued a permit under File Number SL-23 3 to Sunset Beach Investments, LLC, for the construction of a paved access road, swimming pool, restroom facilities, dune enhancement, other structures/activities, excavation, and placement of fill, pursuant to Section 161.053, Florida Statutes. Project location: Between approximately 354 feet north and 1,463 feet south of the Department of Environmental Protection's reference monument R-60, in St. Lucie County. Project address: Sunset Beach, South Hutchinson Island. The permit and construction plans may be reviewed at the office of the Bureau of Beaches and Coastal Systems, 5050 West Tennessee Street, Building B, Tallahassee, Florida. Copies of the permit may be obtained by contacting Kristen Nelson Sella, Permit Manager at the Bureau of Beaches and Coastal Systems at (850) 921-7778, or by writing to 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399. Any person whose substantial interests are affected by any decision of the Department on the application has the right to request an administrative hearing in accordance with the provisions of Sections 120.569 and 120.57 of the Florida Statutes. Should you desire an administrative hearing, your request must comply with the provisions of Rule 28-106.201 of the Florida Administrative Code, as indicated below. Send requests for hearings to the Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399. The Department must receive the request within twenty-one (21) days after your receipt of this notice. When the Department receives an adequate and timely filed request for hearing, the Department will request the assignment of an administrative law judge. Once an administrative law judge is requested, the referring agency will take no further action with respect to the proceeding except as a party litigant, as long as the Division of Administrative Hearings has jurisdiction over the formal proceeding. Rule 28-106.201(2), Florida Administrative Code, explains what must be included in a petition for a formal administrative proceeding. Section 120.54(5)(b)4, Florida Statutes, and Rule 28-106.201(2) of the Florida Administrative Code, explain what must be included in a petition for a formal administrative proceeding. Unless otherwise provided by statute, and except for agency enforcement and disciplinary actions that shall be initiated under Rule 28-106.2015, F.A.C., initiation of proceedings shall be made by written petition to the agency responsible for rendering final agency action. The term "petition" includes any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of material fact. Each petition shall be legible and on 8 1 /2 by 11 inch white paper. Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced. (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name; address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the Department's action; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department's proposed action; (f) A statement of the specific rules or statute the petitioner contends require reversal or modification of the Department's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department's proposed action. A person may request an extension of time to petition for an administrative hearing. The person filing the request for extension must do so within the time limits for filing a petition described above and serve all parties with the request.. The request must state why an extension is needed. The Department will grant an extension only when good cause is shown. If a petition or request for extension of time is filed, further order of the Department becomes necessary to effectuate this notice. Accordingly, the Department's final action may be different from the position taken by it in this notice. Actions undertaken by you under this permit, pending the lapse of time allowed for the filing of such a request for hearing, maybe subject to modification, removal, or restoration. Failure to petition within the allowed time frame constitutes waiver of any right that such a person has to request a hearing under Sections 120.569 and 120.57 of the Florida Statutes and to participate as a party to the proceeding. If a legally sufficient petition for hearing is not timely received this notice constitutes final agency action. When this order becomes final, any party to the order has the right to seek judicial review under Section 120.68 of the Florida Statutes and Rules 9.030(b)(1) and 9.110 of the Florida Rules of Appellate Procedure by filing a notice of appeal with the Department of Environmental Protection, Office of General Counsel, Department Clerk, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399, and with the appropriate district court of appeal within thirty days after this final order is filed with the Department Clerk. The notice filed with the district court must be accompanied by the filing fee specified in Section 35.22(3) of the Florida Statutes. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed under Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Department's proposed agency action may choose to pursue mediation as an alternative remedy under Section 120.573 before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Department's action or proposed action. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, by the same deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have the authority to settle or recommend settlement, and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57 for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such set forth above, and must therefore file their petitions within twenty-one days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. July 17, 2008 Original by First Class Mail Ms. Susan Laventure Board of County Comm., St. Lucie County, FL Solid Waste Dept. 2300 Virginia Ave. ` Fort Pierce, FL 34982 Re: Surety: Hartford Fire Insurance Company ("Hartford") - ° Principal: 3-D Waste Services Obligee: St. Lucie County Claim No.: 564 S 36437 Bond No: 21 BSB EQ9024 Claimant: Board of County Camm., St. Lucie County, FL Dear Ms. Laventure: Hartford hereby acknowledges receipt of your correspondence received July 1, 2008 in which a claim was presented against Bond Number 21 BSB EQ9024 issued on behalf of 3-D Waste Services. Enclosed please find an Affidavit of Claim to be completed, signed, and notarized. In addition, please provide us with copies of any documentation, not previously submitted, in support of your claim. Return the completed and notarized Affidavit of Claim along with all substantiating documentation to my attention in the Bond Claim Department at the address listed on our letterhead. Our investigation will also include providing 3-D Waste Services with a copy of the claim for its review and response. After Hartford completes its review of the claim in conjunction with the Principal's information; as well as any other pertinent information, Hartford will advise of the results of its investigation. Be advised that we reserve the right to request additional information from Board of County Comm., St. Lucie County, FL before we complete our investigation. Hartford Fire Insurance Company reserves all rights and defenses available under the terms of the bond, applicable contract documents or applicable law. Nothing contained in this letter is, and shall not be construed as, an admission of liability or a waiver of any of Hartford's rights or the rights of the Principal. All such rights are fully reserved whether or not mentioned herein or in subsequent communications. Subject to this continuing reservation of rights, we look forward to hearing from you. One Hartford Plaza , yi ~ t Hartford, CT 06155 r),~y~' Telephone 860 547 5000 (f Susan Laventure Board of County Comm., St. Lucie County, FL ' July 17, 2008 Page 2 Please include the Claim Number referenced above on all communications. Sincerely, Ha d Fire Insurance Co ny Lainey L. Quincy s Bond Claim Department Phone: (88.8) 266-3488 ext. 7-5683 (860) 547-5683 Fax: (860) 221-3825 email: lainey.quinones@thehartford.com LQ Enclosure cc: Bond Center, via facsimile 3-D Waste Services Hilb Rogal & Hobbs Fl-Vero Beach, 772 562-3466@Fax2mail.com Affidavit of Claim The Hartford Commercial Surety Hartford Plaza T-4 Hartford, CT 06105 . State of ) ) SS. County of ) Being first duly sworn on oath I, in my capacity as the [Name of Aff ant] [Position in Firm] a located at [Name of Claimant] [Corporation, Partnership, Limited Liability Company, Sole Proprietor, Individual] on behalf of said firm state as follows: (Address] I) That ,hereinafter called Principal, is now and has been justly and truly indebted to Claimant in ['Jame of Principal] the sum of $ [Amount of Claim] 2) The facts and circumstances giving rise to this claim are as follows: (Attach additional pages, if necessary). Attached hereto and incorporated herein are documents not previously provided which fully support the Claimants entitlement to the amount of the claim set forth herein. 3) There are no setoffs, counterclaims, claims or other credits due said Principal against said claim and Claimant is not indebted to Principal on this or any other account, except .Claimant does not hold any note, collateral or security of an}' kind whatsoever for said claim and confirms that said claim is not encumbered nor has it been assigned. 4) This Affidavit and the supporting documentation is furnished to the surety in support of the claim for the purpose of inducing [Name of Surety] as surety for Principal to pay said claim. 5) Affiant has full knowledge of the statements contained herein and the basis therefore. Affiant is duly authorized by Claimant to make said statements, present said claim and bind the claimant to the statements contained herein. The furnishing of this form by the surety and the acceptance and/or retention thereof does rot constitute an admission of liability or a waiver of any of the terms or conditions of the surety's bond, or any of the defenses the surety has or may have. The surety reserves the right to request additional documents or support for the claim. S~vom and Subscribed to this day of [Name of Claimant] By: Its: Tax ID No./Soc. Sec. No.: THIS AFFIDAVIT MUST BE EXECUTED BEFORE A NOTARY PUBLIC Claim No.: 564 S 36437 Page 1 of 3 State of County of On before me, DATE NAME, TITLE OF OFFICER - e.g. JANE DOE, NOTARY personally appeared NAME(S) OF SIGNER(S) u Personally known to me -OR- u proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary Claim No.: 564 S 36437 Page 2 of 3 Alaska Fraud Waming: A person who knowingly and with intent to injure, defraud or deceive an insurance company files a claim containing false, incom lete or misleadin information ma be rosecuted under state law. laska Stat. § 21.36.380) Arizona Fraud Wazning: For your protectionArizonahw requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties. (A.R.S. § 20-466.03) Arkansas Fraud Waming: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents fats information in an a lication for insurance is uilt of a crime and ma be sub ect to fines and confinement in rison. (A.C.A. ' 2366-503 California Fraud Warning: For your protectionCalifomiahw requires the following to appear on this form. Any person who knowingly pesents a false or fraudulent claim for the a ment of a loss is oil of a crime and ma be sub ect to fines and confinement in state rison. Ins. § 1879.2 Colorado Fraud Warning: It is unlawful to knowingly provide false, incomplete, or risleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within [he Department of Regulatory Agencies. (C. R. S. 10- I -128) Delaware Fraud Warning: Any person who knowingly and with intent to injure, defraud or deceive any insurer, files a stater~rt of claim containing an false, incom lete or misleadin information is oil of a felon 11De1. C. § 913 b District of Columbia: It is a crime to provide false or misleading information to an insurer for the purpose of defauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was rovided b the a licant. D.C. Code § 22-3225.09 d ) Florida Fraud Waming: Any person who knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim or an a lication containin any false, incom lete or misleading information is uilty of a felony of the third de rec. )~'la. Stat. § 817.234(1)(b)) Idaho Fraud Waming: Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement containing any false, incomplete or misleading information is guilty of a felony. (Idaho Code § 41-1331) Indiana Fraud Warning: A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete or misleading information commits a felony. (Bums Ind. Code Ann. § 27-2-16-3) Kentucky Fraud Warning: Any person who knowingly and with intent to defraud any insurance company or other person files a statement of claim containing any materially false information or conceals, for the purpose of misleading, information onceming any fact material thereto commits a fraudulent insurance act, which is a crime. (KRS § 304.47-030 Louisiana Fraud Waming: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowinglytgsents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. R.S. 40: ] 424 (B). [Ja. R.S. 40:1424) Maine Fraud Warning: It is a crime to knowingly provide falsq incomplete, or misleading information to an insurance company for the purpose of defraudin the com an .Penalties ma include im risonment, fines or a denial of insurance benefits. (24A M.R.S. § 2186 Minnesota Fraud Warning: A person whofiles a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime. (vlinn. Slat. § 60A 955 New Hampshire Fraud Warning: Any person who, with a purpose to injure, defraud or deceive any insurance corpany, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20. (RSA 402:82 New Jersey Fraud Warning: Any person who knowinglj files a statement of claim containing any false or misleading information is subject to criminal and civil enalties. NJAC 1 I :161.2. J. Stat. § 17 33A-6) New Mexico Fraud Waming: Any person who knowingly presents a false or fraudulent taim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. (N.M. Stat. Ann. § 59A 16C-8) New York Fraud Waming: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or settlement of claim containing any materially false information, or conceals for the purpose of misleadig, information conceming any fac material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. (11 NYCRR § 86.4(a)) Ohio Fraud Warning: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containin a false or dece tive statement is uilt of insurance fraud. (OIL Ann. 3999.21 Oklahoma Fraud Warning: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim-for the proceeds o an insurance olic containin an false, incom lete or misleadin information is oil of afelon 36 Okl. St. § 3613.1 Pennsylvania Fraud Warning: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false or conceal for the purpose of misleading, information conceming any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. (18 Pa.C.S. § 4117 k) 1 Tennessee Fraud Waming: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose o defraudin the com an .Penalties include im risonment, fines and denial of insurance benefits. enn. Code Ann. § 5653-111) Virginia Fraud Waming: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defraudin° the com anv. Penalties include im risonment, fines and denial of insurance benefits. a. Code Ann. § 52-40 B Washington Fraud Warning: It is a crime to knowingly provide false, incomplete, or misleading informatiorto an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits. (Revised Code olWashington 48.135.080) Claim No.: 564 S 36a37 Page 3 of 3 ~o~ Florida Department of Charlie Crisl Governor ~ Environmental Protection 1eiTKottkamp LL Governor Southeast District Office 0 400 North Congress Avenue, Suite 200 Michael W. Sole West Palm Beach, Florida 33401-2913 Secretary ~~ut o 9 zoos Certified 1Ko. 70~$ D500 OOD1 8520 7788 Return Receipt Requested Sunset Beach Investments, LLC c/o Cliff Kennedy, Managing Member 207 Carson's Creek Drive Dawsonville, Georgia 30534 Dear Mr. Kennedy: Enclosed is the Consolidated Notice of Intent to Issue Environmental Resource Permit No. EI-S6-0264272-001, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). Please note that Specific Conditions Nos. 22 and 26 of the draft Consolidated Environmental Resource Permit state that the permittee has executed and recorded with St. Lucie County the attached conservation easement. The conservation easement included in this Intent to Issue has not yet been recorded, but it must be recorded prior to issuance of the final permit. Further processing of the conservation easement will proceed only after the permittee provides the information requested in the attached "Conservation Easement Package". Upon completion and submittal of all information required on the "Conservation Easement Package Checklist", the Department will finalize the conservation easement and send it to the permittee for signature. Once the fmal title commitment has been issued and the conservation easement signed, witnessed, and notarized, the title company shall record the conservation easement in the St. Lucie . County land records. Prior to issuance of the final permit, the title company or permittee must provide the Department with a copy of the executed and recorded conservation easement. The permit will include provisions for release of the conservation easement if you elect, for whatever reason, to not carry out the activities for which the permit was required, such as failure of other agencies to issue applicable authorizations necessary to construct the activities. If you have any questions about this document, please contact Indar Jagnarine at 56l/681-6640 or Holly Boyett at 561 /b 81-663 5. Sincerely, Indar Jagnarine Professional Engineer III Submerged Lands & Environmental Resources Program "More Protcction, Less Process r~a~w dcp. stilt e.l1. us CONSERVATION EASEMENT PACKAGE Sunset Beach Investments, LLC c/o Cliff Kennedy, Managing Member 207 Carson's Creek Drive Dawsonville, Georgia 30534 File No. EI-Sb-0264272-003, St. Lucie County Sunset Beach Investments, LLC Dear Mr. Kennedy: it was determined that a conservation easement (CE) will be an important component in meeting the specific conditions included in Consolidated Environmental Resource Permit No. EI-56-0264272-001. A draft CE prepared by staff is enclosed for reference, but should NOT be signed or recorded at this time. Further processing of this CE will proceed only after the permittee provides all the information requested in the attached "Conservation Easement Package Checklist". The following is a simplification of the sequence of events involved for processing the conservation easement: I. Permittee, reviews the draft CE prepared by the Department's Office of General Counsel and attached herein; 2. Surveyor prepares a survey (see "Boundary Information and Maps" below), and a legal description of the CE property; 3. A title company of your choosing prepares a title commitment naming the State of Florida Department of Environmental Protection as the insured. The title commitment may list exceptions that will need to be resolved prior to recording of the CE. The title company should send the commitment directly to the Department processor (listed below); 4. Permittee submits items on the attached checklist to the Deparhnent processor, including a Baseline Documentation Report (see below); 5. The Department reviews the title commitment and coordinates with the permittee and title company to ensure that exceptions that adversely affect the purposes of the CE are removed; 6. Department staff drafts the final CE and mails this to the petmittee; Permittee signs the CE and returns it to the Department processor (listed below); 8. The Department sends the signed CE with detailed instructions to the title company; 9. The title company updates the title commitment; a. If no exceptions exist, the title company will be authorized to record the CE and Baseline Documentation Report; b. If outstanding or new exceptions exist, the title company will be directed to contact the Department and to resolve the exceptions as needed; after satisfactory resolution, the title company will be authorized to record the CE and Baseline Documentation Report; ]0. CE a.tid Baseline Documentation Report are recorded by the title company; 11. Title company (or petmittee) sends the original, recorded CE, and recorded Baseline Documentation Report to the Department processor (listed below); 12. The Department issues the final permit; 13. The title company issues a title insurance policy naming the Florida Department of Environmental Protection as the insured and sends a copy to the Department processor (listed below). A. INFORMATION TO BE PROVIDED TO THE DEPARTMENT A complete list of items to be submitted to the Department for processing is enclosed as "Conservation Easement Package Checklist." This information will supplement the material already in our file. The items to be inclu~?~.:n this package should be prepared carefully and accurately. The following is a brief explanation of the items on the checklist. You will be responsible for all costs associated with obtaining a conservation easement. These costs will include the costs for a survey, a Baseline Documentation Report, a title insurance commitment and policy, and recording of documents in the County land records. i Boundary Information and Maps Please provide the Department with boundary information and maps of the land proposed to be encumbered by the conservation easement_ You will need to coordinate with the Department to determine whether a survey or professional sketch of the area to be placed under easement will be required. This determination will be based on the size and purpose of the CE. Your surveyor should be able to assist in determining whether a survey or professional sketch of description will be acceptable. The survey will need to show the boundary of the easement and include all structures, roads, utilities and other visible improvements on the property. If visible improvements do not exist, the survey must include a note that none exist. A Florida licensed surveyor must certify the boundary survey or sketch of description in accordance with Chapter 61G17-6, F.A.C. Your surveyor can use the "Survey Checklist" (Form CE- l la) as a guide. This will include a legal description, which should be provided in both a paper and an electronic format to the Department processor. In addition to the signed and sealed paper surveys as required by Chapter 61 G 17- 6, the surveyor is encouraged. to submit the survey using the survey digital format requirements described in the attached SLER 0955-B. In addition, maps and aerial photos listed on the enclosed checklist are needed to locate and depict the condition of the area. These include a local road map and aerial photograph each depicting the proposed location of the CE. Title Insurance Commitment and Policy To obtain the necessary title information, you will need to hire a title company or retain a lawyer to perform a title search and prepare a title commitment and subsequent title insurance policy for the property proposed to be placed into a conservation easement. Please provide the Department with the latest taz statement for the property upon which the CE will be placed. Your local property appraiser's office (http://www.propertyappraiseccom) can provide you with this information. It will be used to ensure that the title insurance policy is sufficient to cover the assessed value of the parcel. Once a title company has completed its title search, it will issue a "title commitment" which commits the title company to issue a title insurance policy. This title commitment identifies the fee simple owner and any encumbrances on the property on the date the commitment was issued (see below). The title company must send the title commitment directly to Department processing staff, NOT to you.(the permittee). Encumbrances Encumbrances, such as easements, mortgages, liens, judgments, -reservations (including mineral rights or timber deeds), will be listed as exceptions to the title commitment. The Department will review the title commitment and determine whether any of the exceptions will adversely affect the purposes of the conservation easement. If any adverse encumbrances exist, you will need to coordinate with the title company to ensure that these exceptions are removed from the title commitment (by release, satisfaction, or subordination). The title company will execute-all necessary subordination agreements, lien releases, or satisfactions. The title company will then be requested to submit an endorsement to the title commitment that will remove these exceptions. Form CE-7 "Subordination Agreement" is enclosed. You should make multiple copies of this form if more than one mortgage or lien encumbers your property. The subordination agreement is used to subordinate the mortgage or lien on the lands to be encumbered by the CE, and is signed by the bank or lien holder. Other formats of the form may be acceptable but will require review by the Department's Office of General Counsel, which may lengthen the processing time. If a mortgage or lien does not exist as an encumbrance, this form will not be required. A `"Title, Possession and Lien Affidavit" forms for either an individual, joint owners, or a corporation (Form CE-8a, Form CE-86, or Form CE-8c, respectively) are enclosed. You should use the form that fits your situation. The purpose of this form is to verify that the land is free and clear of encumbrances, such as use rights, liens, or judgments which are superior to or have priority over the conservation easement. This form must be si ng ed by you within 90 days before recording the conservation easement. Baseline Documentation Report The Baseline Documentation Report documents the ecological and physical conditions of the land to be encumbered by the CE at a particular point in time, including a description of the ecological communities and all disturbances to and structures built on the site. The requirements for the Baseline Documentation Report are contained in Form CE- 10. In most cases, this report should be completed by an environmental professional. In some cases, staff may accept a Baseline Documentation Report prepared by you; coordinate with staff to determine if it is appropriate for you to prepare the report. B. ADDITIONAL STEPS TO COMPLETE PROCESSING The following summarizes the remaining steps assuming all other criteria have been met for issuance of the regulatory permit. Upon completion and submittal of all information required on the "Conservation Easement Package Checklist°, the Department will finalize the CE, and send it to you for your signature. Once the final title commitment has been issued and the CE signed, witnessed, and notarized, the title company shall record the conservation easement in the St. Lucie County land records. On the day the title company records the executed CE, it will "search the gap" between the date the commitment was issued and the date of recording to ensure that no documents were recorded during that time that may affect the title. Once the CE is executed, the title company will issue a title insurance policy to the Department of Environmental Protection (Department). The policy will insure the Department from loss or damage resulting from liens, encumbrances, or defects of title to the parcel of realty. The title company should send all original recorded documents and a copy of the Title Insurance Policy to the Department. Prior to issuance of the final permit, the title company or permittee must provide the Department with a copy of the executed and recorded conservation easement. If you have any questions regarding the above process, please contact Indar Jagnarine at 561/681-5640 or Holly Boyett at 561/681-6635. Sincerely, Indar Jagnarine Professional Engineer III Submerged Lands & Environmental Resources Program Enclosures: "Conservation Easement Package Checklist" Form CE-7, "Subordination Agreement" Form CE-8c, "Title, Possession and Lien Affidavit (Corporation)" CONSERVATION EASEMENT PACKAGE CHECKLIST Your package should include the items listed below. Please note that checked items have already been submitted by the permittee. 1. BOUNDARY INFORMATION ON CONSERVATION EASEMENT PROPERTY Professional survey of description on 8 in. by l 1 in. paper. Since the conservation easement exceeds 2.5 acres in size, a survey is required. _ Legal description on 8 in. by 11 in. paper and in electronic format 2. MAPS X A map depicting existing easements, uses, and other physical encumbrances associated with the property that may affect the conservation easement if not already depicted on the survey or sketch of description X An 8 in. by 11 in_ local road map showing the location of the conservation easement with sufficient detail to locate the parcel without prior knowledge of the area X Aerial photos with project boundary and conservation easement boundary delineated. If the project and conservation easement are not located in the same vicinity, delineation of the boundary of the easement will be sufficient 3. BASELINE DOCUMENTATION REPORT X A Baseline Documentation Report describing the biological features and the condition of the conservation easement property, and incorporating all information requested in Form CE-10 4. TITLE INFORMATION ON CONSERVATION EASEMENT PROPERTY _ A signed, notarized "Title, Possession and Lien Affidavit" (enclosed). This form should be signed no more than 90 days before recording of the CE - A copy of the most current county property appraiser's tax statement for the property on which the conservation easement is to be placed 5. TO BE SUBMITTED TO THE DEPARTMENT BY THE TITLE COMPANY _ Title Insurance Commitment and any endorsements _ Recorded Conservation Easement and Baseline Documentation Report Title Insurance Policy (to be issued after CE is recorded) Form CE-7 SUBORDINATION AGREEMENT The undersigned, (Mortgagee), the Mortgagee under that certain (title of mortgage document) dated and recorded in Official Records Book ,Page , of County, Florida, hereby subordinates its mortgage lien encumbering all or any part of the Property as described in the Conservation Easement recorded in Official Record Book ,page of the Public Records of County, Florida. IN WITNESS WHEREOF, this subordination agreement is executed by the undersigned this day of , 200_ Signed, sealed and delivered MORTGAGEE in our presence as witnesses: By: Print Name: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 20~ by as of the (corporation's name) He/she is personally known to me or has produced as identification. Notary Public Printed/Typed Name of Notary Commission No. Commission Expires 1 Form CF-8c TITLE, POSSESSION AND LIEN AFFIDAVIT {CORPORATION -With Title Insurance) ("Affiant"), being first duly sworn, deposes and says that Affiant on behalf of Grantor (as hereinafter defined) makes these representations to THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (the "DEPARTMENT" or "Grantee") and to (the "title insurer+') to induce the DEPARTMENT to issue DEP Permit No. ,and accept a conservation easement, and the title insurer to insure a conservation easement in that certain real property described below. Affiant further states that: 1. The Affiant is the of , a Florida corporation {"Grantor"} and in such capacity has personal knowledge of the matters set forth herein, and he has been authorized by the Grantor to make this Affidavit on Grantor's behalf. 2. Grantor is the sole owner in fee simple and now in possession of the real property together with the improvements located thereon described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the "Property"). 3. The Property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for easements, restrictions, or other title matters listed in the schedule of exceptions in the title search for the property subject to this conservation easement in the Property to be received by Grantees in this transaction. 4. There are no matters pending against the Grantor that could give rise to a lien that would attach to the Property or cause a loss of title or impair the title, and the Grantor has not and will not execute any instrument that would adversely affect the interest to be insured. 5. Grantor has undisputed possession of the Property; there is no other person or entity in possession or who has any possessory right in the Property; and Grantor knows of no defects in the fee simple title to the Property. 6. No "Notice of Commencement" has been recorded which pertains to the Property since the date of the title search, there are no unrecorded laborers, mechanic's or materialmen's liens against the Property, and no material has been furnished to the Property for which payment has not been paid in full. If a "Notice of Commencement" has been recorded, the Grantor agrees to execute and record a Subordination of Notice of Commencement to the conservation easement in the Property to be received by Grantees in this transaction. 7. Within the past 90 days there have been no improvements, alterations, or repairs to the Property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid. 8. There are not due, or to come due, unpaid bills, liens or assessments for mowing, water, sanitary sewers, paving or other public utilities or improvements made by any governmental authority. Should any bill be found which relates to Grantor's possession, Grantor will pay such bill upon demand. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental authority. 9. There are no unrecorded deeds, agreements for deed, judgments, liens, mortgages, easements or rights of way for users, or adverse interests with respect to the Property. 10. If this is improved Property that Grantor is the owner of, there are no claims, liens or security interests whatsoever of any kind or description against the furniture, fixtures, equipment and personal property located in the improvements on the Property and sold as part of this transaction. Afl tangible personal property taxes are paid in full. 11. There are no existing contracts for sale affecting the Property. 12 There is no civil action pending which involves the Property in any way. 13_ There are no federal tax claims, liens or penalties assessed against the Grantor either individually or in any other capacity. 14 No proceedings in bankruptcy have ever been brought by or against Grantor nor has an . assignment for the benefit of creditors been made at anytime, nor is there now in effect any assignment of rents of the Property or any part thereof. 15. The real estate taxes will be kept current. 16. Grantor is not a "non-resident alien" for the purposes of United States income taxation, nor is Grantor a "foreign person" (as such term is defined in Section 1445 of the Internal Revenue Code of the United States and its related Income Tax Regulations). Grantor understands that the certification made in this paragraph may be disclosed to the lntemal Revenue Service by the Grantees; that any false statement contained in this paragraph could be punished by fine, imprisonment, or both; and that the information contained in this paragraph is true and correct and as provided under penalties of perjury. 17. Grantor has no knowledge as to any hazardous substances (as defined by any federal, state or local statute, law, ordinance, code, rule, regulation, order or decree) present on the Property. To the best of Grantor's knowledge, there has been no production, placement, disposal, storage, release or discharge on or from the Property of any hazardous substances, and there are no buried, partially buried, or aboveground tanks, storage vessels, drums or containers located on the Property. Grantor has received no warning notices, notices of violation, administrative complaints, judicial complaints or other formal or informal notices from any governmental agency alleging that conditions on the Property are in violation of environmental laws, regulations, ordinances or rules. 18. This Affidavit is executed in duplicate, each of which shall be considered an original, with one original to be delivered to the Grantor and one original to be delivered to the title insurer. THIS AFFIDAVIT is made for the purpose of inducing the DEPARTMENT to issue DEP Permit No. and the title insurer to insure a conservation easement encumbering that certain real property described in Paragraph 1 above. Grantor intends for the DEPARTMENT and the title insurer to rely on these representations. Grantor's Name STATE OF COUNTY OF SWORN TO and subscribed before me this day of 200_, by Such persons (Notary Public must check applicable box): [ ]are personally known to me. [ ]produced their current driver license. { ]produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: Form CE-l1a SURVEY REVIEW CHECKLIST CONSERVATION EASEMENTS Applicant: File No.: Reviewed by: Date: Approved: Yes No Remarks Surveyor's original signature Surveyor's original seal Surveyor's Certification Number: Name and address of surveyor Date of survey: ~ Certified to Board of Trustees (TIIF} Scale: Bar or Graphic Scale: Y ! N ~ North arrow Two 8'/z' X 11" originals Boundaries of easement Legal Description: Section(s) ~ Township Range County Waterbody Total square footage acreage) in legal description Legal description matches drawing Where Applicable Lease/Easement boundary abuts MHWUGHWUSUL (See Note Below) MHW procedure approved by BSM OHW procedure approved by BSM SUL procedure approved by BSM Where easement boundary abuts seawall: top 8 bottom seawall elevations and datum (NGVD 29 or NAVD 88) shown Note: Where SUL is located on survey, description calls for the mean or ordinary high water line directly, or begins with, "That part of the sovereignty lands of the State of Florida that lie within the following described area:..."1 COMMENTS: Florida Department of Charlie Crist Governor ~ Environmental Protection iefTKottkamp Lt. Governor Southeast District OlTice 400 North Congress Avenue, Suite Z00 Michael W. Sole West Palm Beach, Florida 33401-2913 Secretary In the Matter of an Application for Pernut/Water Quality Certification, and Authorization to Use Sovereignty Submerged Lands by: APPLICANT: PROJECT NAME: Sunset Beach Investments, LLC Sunset Beach Investments, LLC cJo Cliff Kennedy, Managing Member File No: EI-56-0264272-001 207 Carson's Creek Drive County: St. Lucie Dawsonville, Georgia 30534- . CONSOLIDATED NOTICE OF INTENT TO ISSUE ENVIRONMENTAL RESOURCE PERMIT AND LETTER OF CONSENT TO USE SOVEREIGNTY SUBMERGED LANDS The Department of Environmental Protection gives consolidated notice of its intent to: (a) issue an environmental resource permit under Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.) (draft copy of permit attached). Issuance of the environmental resource permit also constitutes certification of compliance with state water quality standards pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341; (b) grant a letter of consent to use sovereignty submerged lands for the proposed activity, under Article X, Section 11 of the Florida Constitution, Chapters 253 and 258, F.S., Title 18, F.A.C., as described, below subject to any fees, special lease, easement, or consent of use conditions in the attached Recommended Proprietary Action document. Where applicable (such as activities in coastal counties), issuance of the environmental resource permit also constitutes a finding of consistency with Florida's Coastal Management Program, as required by Section 307 of the Coastal Zone Management Act. I. DESCRIPTION OF THE PROPOSED ACTIVITY The applicant, Sunset Beach Investments, LLC, applied on April 5, 2406, to the Department of Environmental Protection for apermit/water quality certification and authorization to use sovereignty submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) to perform the following activities: (1) construct and operate a surface water management system designed to serve a 44-lot single family residential subdivision within a 29.15-acre parcel; (2) restore and preserve approximately seven acres of coastal dune habitat and construct an access walkway across it; and (3} permanently fill 0.67 acre of mangrove wetlands and temporarily impact 0.24 acre of mangrove wetlands for the construction of an access road with 2,570 linear feet of bulkhead, drainage structures, and mosquito control structures. Approximately 12.7 acres of wetlands shall remain on-site. The project is located within the limits of the Coastal Construction Control Line (CCCL). The project is located adjacent to the Atlantic Ocean, Indian River, Middle Cove, and Joe's Pond, Jensen Beach to Jupiter Inlet Aquatic Preserve, Ouutanding Florida Waters, Class III and Class II Waters, east and west of State Road AIA, approximately ]700 feet north of the Middle Cove beach access on South Hutchinson Island 'More Protcclion, Less Process" rtti~~v. dcp.state.Il, us Permittee: Sunset Beach Investments, LLC File No.: EI-Sb-0264272-001 Page 2 (Section 29, Township 35 South, Range 41 East), in St. Lucie County (27° 24' 13" North Latitude, 80° 16' 10" West Longitude). II. AUTHORITY FOR REVIEW The Department has permitting authority under Part IV of Chapter 373, F.S., and Chapters 62-330, 62-341 and 62-343, F.A.C. The activity is not exempt from the requirement to obtain an environmental resource permit. Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is responsible for reviewing this application. A portion of the mitigation activities also requues a proprietary authorization, as it is partially located on sovereignty submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. The activity is not exempt from the need to obtain a proprietary authorization. Pursuant to Article X, Section 11 of the Florida Constitution, Sections 253.002 and 253.77, F.S., Sections 18-21.0040, 18-21.005 I, 18-20, 62-343.075, F.A.C., and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department has the responsibility to review and take final action on this request for proprietary authorization. III. BACKGROUNDBASIS FOR ISSUANCE A. General The 29.15-acre property is located on a barrier island approximately 4.75 miles south of Fort Pierce Inlet and 3.75 miles north of the St. Lucie Nuclear Power Plant. Significant on-site, natural features include a disturbed beachldune system, 13.4 acres of mangrove wetlands actively managed for mosquito control, and a saltwater tidal basin connected to the Indian River by a culvert under State Road AIA. The severely eroded dune habitat is dominated by mature Australian pines and bare trunks, which have fallen and scattered over a groundcover sparsely vegetated by a few species, including native railroad vine (Ipomoea pes-caprae), the invasive exotic, half-flower {Scaevola taccada), and a single specimen of sea lavender (Argusia gnophalodes), listed as a threatened species. The mangrove communities are characterized by the canopy, seedlings, and saplings of red mangroves (Rhizophora mangle), black mangroves (Avicennia germinans), and white mangroves (Laguncularia racemosa). The east and west mangrove wetlands are infested along their landward borders with a fringe of Australian pine (Casuarina equisetifolia) and Brazilian pepper (Schinus terebinthifolius) associated with the interface of the State Road AlA Right-of--Way. The current proposal for the 44-lot residential development with 0.91 acres of wetland impacts, including O.b7 acres of permanent fill impacts and 0.24 acres of temporary construction impacts, reflects a significant reduction from the original proposal for a S4-lot residential development with approximately three acres of permanent impacts to mangrove wetlands. The permittee has incorporated staff recommendations to reduce the wetland impacts to the amount required for Construction of the access road, a fire truck turnaround, drainage structures, and mosquito control structures. Secondary impacts to remaining wetlands are minimized along most of the project area by incorporation of an upland buffer between site activities and remaining wetlands. Where space limitations preclude a buffer, bulkheads will be constructed to prevent encroachment into wetlands, Adverse water quality impacts will be avoided by implementing appropriate best management practices and turbidity control procedures during construction, as well as implementing a water quality monitoring plan during the initial release of impounded water when the proposed impoundment culverts and pump become operational. In order to offset 0.91 acre of permanent and temporary impacts to mangrove wetlands, the permittee shall complete the following mitigation activities: (1) the permittee shall purchase one mitigation credit from the St. Lucie County Bear Point Mitigation Bank prior to commencement of coastruction; (2) the permittee shall enhance 7.8 acres of mangrove wetlands on the east side of State Road AIA; (3) the permittee shall enhance 4.1 acres of mangrove wetlands on the west side of State Road Al A; (4) the permittee shall create 1.2 acres of upland buffer, located adjacent to the wetlands east of State Road AlA and surrounding the saltwater basin; (S) the permittee shall restore 1.3 acres of mangrove wetlands on previously altered sovereignty submerged lands, located west of State Permittee: Sunset Beach Investments, LLC File No.: EI-56-0264272-001 Page 3 Road A 1 A; (6) the peranittee has executed and recorded with St. Lucie County a conservation easement granted to the State of Florida Department of Environmental Protection encompassing 20.23 acres of on-site existing, restored, and enhanced wetlands and coastal dune habitat; and (7) the permittee shall monitor and maintain all mitigation areas in strict accordance with the attached "Sunset Beach Maintenance and Monitoring Plan." A portion of the mitigation activities shall be located within the Jensen Beach to Jupiter Inlet Aquatic Preserve and shall provide improved water quality within the mangrove wetland system. Therefore, it is staff s opinion that the proposed mitigation project is "clearly in the public interest" and otherwise meets all applicable requirements for a proprietary authorization to use sovereignty submerged lands, pursuant to Article X, Section 1 l of the Florida Constitution, Chapters 253 and 258, F.S., associated Rules 18-21 and 18-20, F.A.C. B. Specific Regulatory Basis for Issuance Through the above and based on the generaUlimiting and specific conditions to the permit, the applicant has provided affirmative reasonable assurance that the construction and operation of the activity, considering the direct, secondary and cumulative impacts, will comply with the provisions of Part IV of Chapter 373, F.S., and the rules adopted thereunder, including the Conditions for Issuance or Additional Conditions for issuance of an environmental resource permit, pursuant to Part IV of Chapter 373, F.S., Chapters 62-330, and Sections 40E-4.301 and 40E-4.302, F.A.C. The construction and operation of the activity will not result in violations of the water quality standards set forth in Chapters 62-3, 62-4, 62-302, 62-520, 62-522, and 62-550, F.A.C. and will not degrade ambient water quality in Outstanding Florida Waters pursuant to Rule 62-4.242, F.A.C. The applicant has also demonstrated that the construction of the activity, including a consideration of the direct, secondary, and cumulative, impacts, is not contrary to the public interest and the portion of the mitigation activities within the Jensen Beach to Jupiter Inlet Aquatic Preserve is clearly in the public interest, pursuant to paragraph 373.414(1)(a), F.S. C. Specific Proprietary Basis for Issuance ~ Through the above and based on the generaUlimiting and specific conditions to the letter of consent, the applicant has met all applicable requirements for proprietary authorizations to use sovereignty submerged lands, pursuant to Article X, Section 1 I of the Florida Constitution, Chapters 253 and 25B, F.S., associated Rules 18-21 and 18-20, F.A.C., and the policies of the Board of Trustees. The applicant has provided reasonable assurance that the activity: I (1) is "not contrary to the public interest" and mitigation activities within the Jensen Beach to Jupiter Inlet Aquatic Preserve will be "clearly in the public interest"; (2) will maintain essentially natural conditions; (3) will not cause adverse impacts to fish and wildlife resources or public recreation or navigation; and. (4) will not interfere with the riparian rights of adjacent property owners. In addition, the project is consistent with the goals and objectives of the "Conceptual State Lanus Management Plan" adopted by the Board of Trustees on March ] 7, 1981. IV. PUBLICATION OF NOTICE The Department has determined that the proposed activity, because of its size, potential effect on the environment or the public, controversial nature, or location, is likely to have a heightened public concern or likelihood of request for administrative proceedings. Under section 403.815 of the Florida Statutes and rule 62- 103.150 of the Florida Administrative Code, you (the applicant) are required to publish at your own expense the enclosed Notice of Intent to Issue Permit. The notice must be published one time only within 30 days in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of sections SO.O11 and 50.031 of the Florida Statutes, in the county where the activity is to take place. Where there is more than one newspaper of general circulation in the county, the newspaper used should be one with significant Permtttee: Sunset Beach Investments, LLC File No.' EI-56-0264272-001 Page 4 circulation in the area that may be affected by the permit. If you are uncertain that a newspaper meets these requirements, please contact the Department at the address or telephone number listed below. The applicant must provide proof of publication to: Department of Environmental Protection Southeast District Environmental Resources Permitting clo Indar Jagnarine, Professional Engineer iII 400 North Congress Avenue, Suite 200 West Palm Beach, Florida 33401 The proof of publication shall be provided to the above address within seven days of publication. Failure to publish the notice and provide proof of publication within the allotted time shat] be grounds for denial of the permit and letter of consent to use sovereignty submerged lands. V. RIGHTS OF AFFECTED PARTIES Under this intent to issue, the permit and letter of consent to use sovereignty submerged lands are hereby granted subject to the applicant's compliance with any requirement in this intent to publish notice of this intent in a newspaper of general circulation and to provide proof of such publication in accordance with section 50.051 of the Florida Statutes. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this intent to issue automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until fwther order of the Department. When proof of publication is provided, if required by this intent, and if a sufficient petition is not timely filed, the permit and letter of consent to use sovereignty submerged lands will be issued as a ministerial action. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the - deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired and until the permit and letter of consent to use sovereignty submerged lands have been executed and delivered. Mediation is not available. A person whose substantial interests are affected by the Department's action may petitio? for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mai] Station 35, Tallahassee, Florida 32399-3000. Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect_ If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. Permittee: Sunset Beach Investments, LLC File No.: EI-56-0264272-001 Page 5 - - In accordance with rules 28-106.11 I(2) and 62-110.106(3)(a)(4), petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the - agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301. Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This intent to issue constitutes an order of the Department. Subject to the provisions of paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Cleric of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. Executed in West Palm Beach, Florida. 1 Permittee: Sunset Beach Investments, LLC File No.: EI-56-0264272-001 Page 6 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Je fer K. Smit E onmental Administrator Submerged Lands & Environmental Resources Program JS/h~j,~ Copies furnished to: FDEP Compliance and Enforcement, Eric Shea, Eric.Shea@dep.state.fl.us FDEP Bureau of Beaches and Coastal Systems, John Wettstein, John.Wettstein@depstate.fl.us FDEP Coastal and Aquatic Managed Areas, Laura Herren, Laura.Herren@dep.state.fl.us FDEP, Mimi Drew, Mirni.Drew@dep.state.fl.us FDEP, Jack Long, Jack.Long@dep.state.fl.us USACOE, Alisa Zarbo, Alisa.A.Zarbo@usace.army.mil SFWMD, Donald Loving, DLoving@sfwmd.gov FFWCC, Division of Habitat and Species Conservation, Vicki Barnett, Vicki.Bamett@rnyfwc.com Department of Community Affairs, Ray Eubanks, Ray.Eubanks@dca.state.fl.us Department of Community Affairs, Johnna Mattson, Johnna.Mattson@dca.state.fl.us FDOS Division of Historical Resources, April Westerman, amwesterman@dos.state.fl.us St. Lucie County Mosquito Control District, Jim David, JDavid@co.st-lucie.fl.us Kimley-Horn and Associates, Inc., Jennifer Simpkins, Jennifer.Simpkins@kimley-horn.com Sunset Beach Investments, LLC, Cliff Kennedy, tmcckennedy@bellsouth.net ! CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this CONSOLIDATED INTENT TO ~ ISSUE and all copies were mailed before the close of business on , to the above listed persons. JUL ~ 9 2008 FILING AND ACKNOWLEDGMENT FILED, on this date with the designated Department Clerk, pursuant to section 120.52(1), Florida Statutes, receipt of which is hereby acknowledged. ~j~g Clerk Date STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTENT TO ISSUE PERMIT The Departrnent of Environmental Protection gives notice of its intent to issue a permit (File No. EI-56- 0264272-001) to Sunset Beach Investments, LLC, to perform the following activities: (l) construct and operate a surface water management system designed to serve a 44-lot single family residential subdivision within a 29.15- acre parcel; (2) restore and preserve approximately seven acres of coastal dune habitat and construct an access wallcway across it; and (3) permanently fill 0.67 acre of mangrove wetlands and temporarily impact 0.24 acre of mangrove wetlands for the construction of an access road with 2,570 linear feet of bulkhead, drainage structures, and mosquito control structures. In order to offset 0.91 acre of permanent and temporary impacts to mangrove wetlands, the permittee shall complete the following mitigation activities: (1) the permiee shall purchase one mitigation credit from the St. Lucie County Bear Point Mitigation Bank prior to commencement of construction; (2) the permittee shall enhance 7.8 acres of mangrove wetlands on the-east side of State Road AIA; (3) the permittee shall enhance 4.1 acres of mangrove wetlands on the west side of State Road A 1 A; (4) the permittee shall create 1.2 acres of upland buffer, located adjacent to the wetlands east of State Road AlA and surrounding the saltwater basin; (5) the permiee shall restore 1.3 acres of mangrove wetlands on previou~iy altered sovereignty submerged lands, located west of State Road AIA; (6) the permittee has executed and recorded with St. Lucie County a conservation easement granted to the State of Florida Department of Environmental Protection encompassing 20.23 acres of on-site existing, restored, and enhanced wetlands and coastal dune habitat; and (7) the pertnittee shalt monitor and maintain all mitigation areas in strict accordance with the attached "Sunset Beach Maintenance and Monitoring Plan." The project is located adjacent to the Atlantic Ocean, Indian River, Middle Cove, and Joe's Pond, Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters, Class III and Class II Waters, east and west of State Road AIA, approximately 1700 feet north of the Middle Cove beach access on South Hutchinson Island (Section 29, Township 35 South, Range 41 East), in St. Lucie County (27° 24' 13"North Latitude, 80° 16' 10" West Longitude). The application is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Florida Department of Environmental Protection, Southeast District Office, 400 North Congress Avenue, Suite 200, West Palm Beach, Florida 33401. The Department will issue the permit with attached conditions unless a timely petition for an administrative hearing is filed under sections 120.569 and 120.57 of the Florida Statutes, before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below. A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions by the applicant or any of the parties listed below must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21 days of publication of the notice or receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition or request for mediation within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. A petition that disputes the material facts on which the Department's actio? is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of how and when each petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules or statutes which entitle the petitioner to relief; and (f) A demand for relief. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-1 Ob.301. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation is not available in this proceeding. Any party to this order has the right to seek judicial review of it under section 120.68 of the Florida Statutes, by filing a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order is filed with the clerk of the Department Florida Department of Charlie Crist Governor ~ Environmental Protection le(fi4oukamp Lt Governor Southeast District Office 400 North Congress Avenue, Suite 200 Michael IN. Sole - - - - - - West Palm Beach, Florida 33401-2913 Secretary CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT AND SOVEREIGNTY SUBMERGED LANDS AUTHORIZATION PERMITTEE/AUTHORIZED ENTITY: PermiUAut~orization No: EI-56-0264272-001 Sunset Beach Investments, LLC Date,Q~ Issuer c/o Cliff Kennedy, Managing Member Expiration Date of ' : 207 Carson's Creek Drive Construetion,Phase: , ~ Coun St. Lucie Dawsonville, Georgia 30534 ty: Protect. Suntsv~~et Beach Residential Development ~J' - - This project requires an Environmental Resource Permit. Under the operating agreements between the Department and the water management distracts the Department has the authority to_issue this permit. References: Part IV of Chapter 373, Florida Statutes; Title 62~ Fiorida`Administrative Code;; Operating Agreements with the water management districts in Chapter 62-113, Florida Adrriinrstrative Code. ~ ACTIVITY DESCRIPTION: ; -d* The purpose of thgs'~iroject ~s tomperform the follawmg activities: (1) construct and operate a surface water management system desrgnedrto serve a !t~-lot single famiT}r residential subdivision within a 29.15-acre parcel; (2) restore and preserve approx~~s~2Cly sever acres of coastal dunehabitat and construct an access walkway across it; a~. and (3) permanently 6110.67 aere~o~mangr4ve wetlands and.Senporarily impact 0.24 acre of mangrove wetlands for the eonstructton o1; arz~ access road~~+rtth 2,570~~linear feet"of bulkhead, drainage structures, and mosquito control structures. ApprtiXiinately-;12,7 acres~'o~uvetlands shall i'E'tirain on-site. The project is located within the limits of the Coastal Construction CoritFa~ Line (CCCL ~ n. order to offset 0.91 acrd of permanent and temporary impacts to mangrove wetlands, the permittee shall complete the following mirigation'a~tivities:.~'~ (1) The,,permittee shall purchase one mitigation credit from the St. Lucie County Bear Point Mtt~gation Bank'pior to commencement of construction. (2) The pertuittee shall enhance 7.8 acres of mangrove wetlands on the east side of State Road AlA (M-East)by`perfonning the following activities in accordance with the attached Exhibit 16/S4 within t ycu years following commencement of construction: A. install one, 24-inch C.A.P. culvert with a tide gate weir under the berm on the north and south side of the saltwater basin to provide tidal flow between the northern mangrove wetland impoundment and the tidal basin; B. install three, 24-inch R.C.P. culverts underneath State Road AlA and construct a pump station to facilitate enhancement activities by the St. Lucie Mosquito Control District, improve flushing of the wetlands in the impoundment south of the tidal basin east of Page 1 of 15 "More Protection, Less Process" n~i~i<dcp sealc.A.us Sunset $each Investments, LLC PermiUAuthorizatlon No.: EI-56-0264272-001 State Road AlA, and improve flushing and tidal exchange between the wetlands east and west of State Road A 1 A; C. remove all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached) from all on-site wetland areas and replant the areas with appropriate native wetland vegetation. (3) The permittee shall enhance 4.1 acres of mangrove wetlands on the west side of State Road Al A (M-West2) by installing three, 24-inch R.C.P. culverts north of the saltwater basin per Exhibit 16/S4 within two years following commencement of construction that will create a connection to the wetlands east of State Road A l A. Furthermore, the permits ~~hall remove all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached) andreplant the areas with appropriate native wetland vegetation per Exhibit 23/S4 within ova years following commencement of construction. ' ` (4) The perTnittee shall create 1.2 acres of upland bttffer~ ~M-Upland) per Exhibit 16/S4, located adjacent to the wetlands east of State Road AIA,,~iid surrounding the saltwater basin by removing all exotic and nuisance plant species listed on~the current version of "The P1Qada Exotic Pest Plant Council's List of lnvasive Plant Species"::=(~5~07 version. attached) and rep~lantang }~e area with appropriate native upland vegetation in accordance with t}e~attached mitigation'~nd planting plan } t.u: . {Exhibits l7 through 22/54) within two years follow'mg commencement of construction. (S) The permittee shall restore 1.3 acres of mangrove~wet3ands on previously altered sovereignty submerged Iands (M-West), located west of State Road'AIA, by removing all exotic and nuisance plant species listed on the cui7ent.yersion of "The Florida Exotic Pest Plant Council's List of ~ ~ Invasive Plant Species" (2007 ~ersiotr~attached), scraping down, the land to intertidal elevations contiguous with adjacent mangrove wetlattd,~, and replanting .the azea with appropriate native wetland vegetation in accordance''w~th th~Kattached mitigatipn and planting plan (Exhibits 16, 23/54) within two years following co`(rimencPmenC of eogstNction. {6) The permittee,~has, executed and recorded with St ,~~ncie County the attached conservation easement ganfed-~Q t1ieState of Flond$Department of Enviroiunental Protection encompassing 20.23 acre`s of on-s ite`existing, restored, slid enhanced wetlands and coastal dune habitat. ("n The pet~tittee,shall monitor and maintain aU_mitigation areas in strict accordance with the attached "Sunset Bea~TiM~ i~rt~narice and Monitoring~Plan" (Exhibits 34 through 40/54). ~ . All wetlartdai~eas and wate~bodies~o sid@ the specific limits of construction authorized by this permit shall be protecfe~d"fro'm°eersion siltation, scouring and/or dewatering. Erosion barriers shall be installed prior to any excavat~or~~-~r placement of fill material and; shall b~ maintained ineffective condition at all locations until constntett is completed and disturbed area~ard stabilized. , , ACTIVITY~,, TIOIY: ` The proje x'~located ad $eknt to the Atlantic Ocean, Indian River, Middle Cove, and Joe's Pond, Jensen Beach to Jupiter Inlet E~~t~tic Preserve, Outstanding Florida Waters, Class lII and Class II Waters, east and west of State Road AIA, approx~;tEigly 1700 feet north of the Middle Cove beach access on South Hutchinson Island (Section 29, Township 3S ~out~, Range 41 East), in St. Lucie County (27° 24' 13"North Latitude, 80° 16' 10" West Longitude). a" This permit constitutes a finding of consistency with Florida's Coastal Management Program, as required by Section 307 of the Coastal Zone Management Act. This permit also constitutes certification of compliance with water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Page 2 of 15 Sunset Beach Investments, LLC PermiUAuthorization No.: EI-56-0264272-001 This activity also requires a proprietary authorization, as a portion of the activity is located on sovereignty submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X, Section 11 of the Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a proprietary authorization. The Department has the responsibility to review and take final action on this request for proprietary authorization in accordance with Section 18-21.0051, and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. In addition to the above, this proprietary authorization has been reviewed in accordance with Chapter 253 and Chapter 258, F.S., Chapter 18-20, Chapter 18-21,and Section b2-343.075, F.A.C. As staff to the Board of Trustees, the Department has reviewed the achvtfyc~described above, and has determined that the activity qualifies for a letter of consent to use sovereignty, submerged-lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Therefore, consent is hereby granted, pursuant to Chapter 253,77, F.S.; 'tq perform the activity on the specified sovereignty submerged lands. ~ { Federal authorization for the proposed project is reviewedFtiy~`'D$P pursuant to'afi;=agreement between the Department and the U.S. Army Corps of Engineers (Corpse ,The agreement is out]ined .ir`h.a document titled Coordination Agreement Behveen the U.S. Army Corps of Engtneers and the Florida Departmi?rit,Qf„~trvironmental Protection State Programmatic Genera! Permit, Section !Q of tlrr.? Rivers and Harbor Act of 1899 and Section 404 of .r , the Clean Water Act. ~ ' ~o , r Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed pld,~ect,is not consistent'du`~it}t~the SPGP program. A copy of your application has been sent to the Corps who may require a separate permit. Fail%tre to obtain their authorization prior to construction could subject you to enforcement action:` Epr' further informations cctitact the Corps directly. n _..~~.,1 You are hereby advised that authorizations a(~o m f b re~ujreiiby other federal, state, and local entities. This authorization does not relieveyou from the requverrients to obtainrsalJ, other required permits and authorizations. - ~'f The above named,permittee cs`liereby authorized,,to construct the work shown on the application and drawings}, plans, and gthec documents attached hereto and inade:a part hereof. This permit and authorization to use sovereignty submerged lauds are subject to the lim~f~~ onditions, and locations of work shown in the attached drawings, and are glsd_gubjee~~t0.~~#he,~attac~ed 19 General Conditions, 9 General Consent Conditions, apd,3Y Specific Condit~oas, which sre &_~}mdmg part of this permit and authorization. You are advised to ccad~and`iiitdersfand these drawings and conditions prior to commencing the authorized activities, and to a >i.•Y ensure the work is conducted ui:~conformarice with alt the terms, conditions, and drawings. If you are utilizing a contr~a~?~xrthe contractor also sboald read 'xt}d,rutt~erstand these drawings and conditions prior to commencing the authonze aaf~vities. Failure to c mply with~tilf drawings and conditions shall constitute grounds for revocation of the permit and-lip~ropriate enforcement actioTi. y''r~ Operatiori~tt tale fac:hty tsnbt authorized except when determined to be in conformance with all app!; ` rules, with the general and sped cconditions of this permii/certification/authorization, and as specifically describeu below. ti ,`y , SURFACE WATER SYSTEM DESIGN: Background: The applicant, Sunset Beach Investments, LLC applied on April 5`~, 2006, to the Department of Environmental Protection for apermit/water quality certification to construct and operate a surface water management system to serve the proposed residential development. The Department has jurisdiction of Environmental Resource Program (EItP) permitting because the project is, in part, Iocated seaward of the Coastal Construction Control Line. A permit is also required from the Department's Office of Beaches and Coastal Systems. Page 3 of 15 Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 Total Applicant-Owned Area: 29.15 acres Drainage Area: 10.6 acres Drainage Basin: Atlantic Ocean Existing Drainage: The site is currently undeveloped and runoff sheet flows towards the Middle Cove saltwater basin a.ka_ Joe's Point which outfalls into the Indian River Lagoon via an existing 42-inch culvert. Proposed Facilities: The purpose of the proposed work is for construction and operation of a surface water management system to serve the 44-unit single family residential subdivision. ,,~'he proposed surface water management system includes an exfiltration trench system and two dry detention sys(ezns,that will provide for water quality treatment and attenuation prior to discharge into on-site wetlands and to Joe's Point. The site discharges ultimately via the existing 42-inch culvert to the Indian River Lagoon. r. - ' >a~''. Basin Information: _ Basin Area WSWT Elevation Normal~Dry Ctrl );levation Method of (acres) (feet N.G.V.D.) -;'(feet N.G.V.D.) Determination Develo ed site 10.6 2.0 _ 2.0''x,. Soil.S,yLfuS;.t}ve` rI'idal Y ? ~?K Discharge Rate: The proposed surface water management system has_ been designed for the 25-year, 3-day storm with discharge to on-site mangrove wetlands and to Toe's Point at the pre-developed rate. Design Storm Frequency: 25-year, 3-day ~ ~_Design Rainfall: 10.0 inches Basin Allowable Method o>'4 Design Design Stage Dischar e (cfs) Determination I~rsCbar e cfs feet N_G.V.D.) Develo ed site 24.5, Pre-develo d `°'~~~4.3 7.25 (max) Discharge Structure: ,~;,~;a _ , Structure No. Descri ti~z% Elevation fee~N.G.V.D.) Dischar e Culvert CS# 1 Modified Inlgt,~, ~ ~-~;-~rtij,~ zT'op ofGr2te @ 7.0 feet 35 Linear feet of 30-inch r ~ ~ ~ I ~-inch weir w/invert @ S.0 feet culvert to Joe's Pond ~;r~3-inch circular~bleeder w/invert 2.0 feet CS# 2 Modified I~t et Top of Grate @ 3.9 feet 171inear feet of 15-inch `~-1~=~ich weir w/invert @ 3.75 feet RCP culvert to wetlands 3-inc'h'~circular bleeder w/invert 2.0 feet CS# 3 Manhole ~ " 15-inch weir w/invert @ 5.5 feet 23 linear feet of 15-inch ~ _ ~ 3-inch circular bleeder w/invert 2.0 feet CMP to Joe's Pond Water Quality. Water tlualrty treatment volume of 150% of the required treatment volume is provided in exfiltration trenches and di'rletehhon basins. Site Area Treatment Method Volume Required Volume Provided (acres) (acres-feet} (acres-feet Basin 1 6.47 dry detention 0.610 0.610 Basin 2 ].00 dry detention 0.100 O.I00 Basin 3 3.10 3S0 linear foot exfiltration trenches 0.291 0.291 Finished Floors: Proposed minimum finished floor elevations have been set at or above the 100-year, 3-day stage calculated at 8.5 feet N.G.V.D. or the elevation dictated by the Bureau of Beaches and Coastal System whichever is greater. Page 4 of 15 Sunset Beach investments, LLC Permit/Authorization No.: EI-56-0264272-001 Environmental Review: The 29.15-acre property is located on a bamer island approximately 4.75 miles south of Fort Pierce Inlet and 3.75 miles north of the St. Lucie Nuclear Power Plant. The project site is on the east and west side of State Road A 1 A, between the Atlantic Ocean and the Jensen Beach to Jupiter Inlet Aquatic Preserve (Outstanding Florida Waters). The residential development and surface water management system will be located on the east side of State Road AlA. The outfall from the surface water management system will discharge into a saltwater tidal basin east of State Road AIA and within the Jensen Beach to Jupiter Inlet Aquatic Preserve via its connection by a culvert through State Road AIA. Fill for an access road shall be placed on a man-made berm and adjacent wetlands on the south side of the tidal basin. Minor activities associated.;with culvert installation and turbidity screen placement will occur along the shoreline of the saltwater tidal basin:idj~cent to the berm. Mitigation enhancement and restoration activities will occw on the east and west sides of State`Road'AlA. Upland fill removal and exotic/nuisance vegetation removal will occw on disturbed uplands ad~acentao the tidal basin and the Indian River. Significant on-site, natwal features include a distwbed beach/duna System, 13.4 acres of mangrove wetlands actively managed for mosquito control, and a saltwater tidal basiw~,COnnected'to the Indian River by a culvert under State Road AIA. The severely eroded dune habitat is dominated;by mature Australian pines asi~ bare trunks, which have fallen and scattered over a groundcover sparsely vegetated by a few species, including native;railroad vine (Ipomoea pes-caprae), the invasive exotic, half-flower (Scoevola, taccada)~`'and a single specimeii',of sea lavender (Argusia gnaphalodes), listed as a threatened species. ` ;~~ti ~ The mangrove wetlands between the disturbed ,t<oastal community and'th ,Indian River are bisected by State Road AlA and further segregated into sections by man Made berms. The two impoundments east of State Road AIA are separated by the berm around the north and sot~~des, of the tidal basin ~~Ihe~ are at the "dead ends" of tidal exchange that occur via offsite culverts north and s,Quth of;tfie•property extending through adjacent properties and State Road AlA to the Indian River. The northei~~portions of;mangroves~west of State Road AlA are also impounded, but receive tidal exchange via offsite culverts. T~e~southern portions of mangroves west of State Road AlA are not impounded. Thrs results in the appearance o€'more stagnant water quality conditions and less robust mangroves in the impoundments~'compared with those in the tidal basin or the Indian River. c~~ { 2-; The mangrove commurtrftes kre characterized by the canopy, seedlings, and saplings of red mangroves {Rhizophora r t. mangle), black mangroves (~wrennia germrnaru), and white mangroves {Laguncularia racemosa). Black mangrove pneumatophores and sea oxe eye daisy.;(Borrichta frutescens) were also present within the mangrove community. The species listed aliove,as well asfi~dler crabs (~ca spp.) and land crabs (Cardisomo spp.) occur on the berm under the canopy Hof Australian pine {Casuarina egriisetifolia) and Brazilian pepper (Schinus terebinthifolius). Various species of fish and±invertebrates "sigh as shrimp, crabs, mollusks, and worms are expected to be present throughout the mangrove coniniunity, although their distribution and abundance in the impoundments would be less than those i;<z`the Indian River. Tfie east and hest mangrove wetlands are infested along their landward borders with a fringe of Australian pine and $razi}ian pepper associated with the interface of the State Road Al ARight-of--Way. Marine turtles are*~ wm to nest on the beach and dune at the site. Due to the disturbance and lack of appropriate food resources, gopher,~~tortoises and~other coastal listed species are not expected to occw on the beach or dune area of the site. The mangrove~~p~oY,~e feeding, breeding, nesting resting, and refuge habitat for wading birds, including listed species. None of these--°species were noted during the site inspections, and records of water bird colonies or bald eagle nests were not.found to occw within the vicinity of the site. Activities shall not occur where seagrasses are present. The current proposal for the 44-lot residential development with 0.91 acres of wetland impacts, including 0.67 acres of permanent fill impacts and 0.24 acres of temporary construction impacts, reflects a significant reduction from the original proposal fora 54-lot residential development with approximately three acres of permanent impacts to mangrove wetlands. The permittee has incorporated staff recommendations to reduce the wetland impacts to the amount required for construction of the access road, a fue truck turnaround, drainage structures, and mosquito control structwes. The impacts remaining after demonstration of adequate avoidance and minimization include a Page 5 of 15 i Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 permanent loss of 0.60 acre of mangrove wetlands (not within the Aquatic Preserve) which shall be filled for construction of the access road, permanent loss of 0.07 acre of mangrove wetlands (within the Aquatic Preserve) for ~ construction of mosquito control structures that will improve water quality within the system, and temporary impacts to 0.24 acre of mangrove wetlands where turbidity control devices shall be placed waterward of bulkhead construction areas. Secondary impacts to remaining wetlands are minimized along most of the project area by incorporation of an upland buffer between site activities and remaining wetlands. Where space limitations preclude a buffer, bulkheads will be constructed to prevent encroachment into wetlands. Adverse water quality impacts will be avoided by implementing appropriate best management practices and turbidity control procedures during construction, as well as implementing a water quality monitoring plan during the initial release of impounded water when the proposed impoundment culverts and pump become operational. fi~ r Dune restoration activities and the removal of Australian pines, other exoticlnuisance species, and miscellaneous debris will enhance nesting habitat for marine turtles. To prevent secondary impacts to marine turtles and their nesting habitat due to construction and operation of the developmen~!'ahe applicant shall follow a Sea Turtle Protection Plan, including a Lighting Pian, approved by the Florida Ftsh'and Wildlife. nservation Commission prior to commencement of construction. ~ r t Cultural and Historical Resources: The State Historic Preservation Office has determined that -project will not have an effect on cultural resources of historic, architectural, or archaeological value. r''~ Proposed Land Use: Forty-four (44)single-family residential lots~~~~ ~ System Operation: Sunset Beach Homeowner's Association, Inc. ~d~ k, Water Use Permit Status: A water use permit has pt beea ap~lied for. ~ ' 1 Potable Water and Wastewater System/Supplier: ,fort P~rc~'Uh~ttes,Anthority will provide potable water service and St. Lucie County Utilitigs. ill provide wasted ater service. r ~ s Save Our Rivers: This protect is no 1~itithin or adJacer~to ]ands under consideration by the Save Our Rivers program. *,a 'T Swim Basin: This protect is loca~ed within the Ipdian Rtver~Lagoon Swim Basin and Jensen Beach to Jupiter Inlet Aquatic Preserv~;i ~ _ r Right-of.y~+ay Permit Statu;~ A~Right of-V~'ay permit is not required from the South Florida Water Management Distr~cty~A~tight-of Way, utiltty`~Ftossing, drainage and driveway access permits have been submitted to the Florida Departmen~'Transportation (F`IX}3') for the.work within or dewatering to the State Road AlARight-of-Way. >~r r Well Field Zone<<iitInfluence: This Croject is not located within the zone of influence of a wellfield. ~'r ~ ~Jl Primary Issues Resolved:.Water quality, marine turtles, and mangrove mitigation. GENERAL CONDITIONS,; (I) All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part N, Chapter 373, F.S. (2) This permit or a copy thereof, completes with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the Page 6 of 15 Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 work site upon request by the Department staff The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. I (3) Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction and permanent control measures shall be completed within 7 days of any construction activity- Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until constructton, is completed and soils are stabilized and vegetation has been established. All practices shall be in.aceordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development~;Manual; A Guide to Sound Land and Water Management {Department of Environmental Regulation; ~988)'tnless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or -shi5aling that causes adverse impacts to the water resources. . (4) The permittee shall notify the Department of the anta~Ctpated construction start date t _q 34~ days of the } . ~ Y '3.:~Y.. Y.. date that this permit is issued. At least 48 hours`prtnlr to commencement of activity"~utliorized by this permit, the permittee shall submit to the Department att. "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3), F.A.C.) indicating the actual start date and the expected completion date. ~ ' ~ z7, = s (5) When the duration of construction wtll exceed; one year, the perm~ttee shall submit construction status reports to the Department on an annual Basis utihztng an "Annual Status'~Report Form" {Form No. 62- 343.900(4), F.A.C.). Status Report Forms shall be submi~ed th~ea~f.~oyllowjng Lune of each year. (6) Within 30 days after completion of constructipti'of the perm~tTed activity, the permittee shall submit a written statement oEcompletion>3nd certification'by a registere~'professional engineer or other appropriate individual as authorized by ~faw, utilizing the supplied "Environmental Resource Permit As-Built Certification by'k~a~egistered Professional" ~ ~'r No. 62-343.900(5), F.A.C.). The statement of completion and cerilffeaUon shahibe based on on ~~te' observation of construction or review of as-built drawings for the purpos¢ of determining ~f th work was completed in compliance with permitted plans and ~ F r specifcahan"~~}Taus submittal shall serve'ta uof~fy the Department that the system is ready for inspection. Addti'~tanally,,de~iation from the attached drawings is discovered during the certification process, the .certification must~Be ,accompanied by a copy of the attached permit drawings with deviations noted. Both thir~original and revised specifications, tti'ust be clearly shown. The plans must be clearly labeled as "as- ' [itlilt~or "record" drawing:. All s~veyed dimensions and elevations shall be certified by a registered 2 serve. or;, , (7) The operation; phase of this permit shall not become effective: until the permittee has complied with the requirements of-,condition (6) above, has submitted a "Request for Transfer of Environmental Resource Perit~~{>o~istruction Phase to Operation Phase" (Form No. 62-343.900(7), F.A.C.); the Department deter'ttts the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District - August 1995, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 62-343.110(1)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit. Page 7 of 15 i Sunset Beach Investments, LLC PermidAuthorization No.: EI-S6-0264272-001 (8) Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. (9) For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in .conformance with this permit, such easement or deed restriction must be recorded in the public records d~submitted to the Department along with any other final operation and maintenance documenu required by sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District -August t 995, prior to lot or unit sales or prior to: the completion of the system, whichever occurs first. Other documents concerning the establishment aad'authority of the operating entity must be filed with the Secretary of State where appropriate ~~'or~those systems'~which are proposed to be maintained by the county or municipal entities, final.. ~opecatiorl +and maintenance.,, documents muse be received by the Department when maintenance and,~t?peration of the system is"'accepted by the local govemment entity. Failure to submit the appropriate~~~~al docume~ts will result in thepetmittee remaining liable for carrying out maintenance and operation o~'th'~ pe~rritted system and any other permit conditions. ~ ~Y} - - sfi-~ - q' (10) Should any other regulatory agency require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation`sa that a determination can be made whether a permit modification is required s ~ 'w~~~, (11) This permit does not eliminate the necessity to o~ta zany requtred federate state, local and special district authorizations prior to the start of any activity~approv~~e~d..~~y this perrrut ,'his permit does not convey to the permittee or create in the permittee any propeiaty righty'~r'aty~rnte~~ gt in real property, nor does it authorize any entrance upon or aetitihe~ on property whtch3s-not owned~oT controlled by the permittee, or convey any rights or privileges"other"than those specift~d in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C. ,y~ ~ »3{ mss; (12) The permittee rs her~eby~_advrse~;that Section 253~~;~'F.S. states that a person may not commence any excavation~constructioit,,ork~,other'a~~~tyzinv~ly ~g>fhe use of sovereign or other lands of the state, the title to whit ~s4YJe3tedm the $gar~of TrusEes:ot"the Internal Improvement Trust Fund without obtaining the red_ ` d`1easteerise„ easemetitt.or other form of consent authorizing the proposed use. Therefore, the ~1` 'w ittee is respotts l} for obta " any necessary authorizations from the Board of Trustees prior to ~ ,~~~mmencing acnvtty 4 3veretgnty~ ds or other state-owned lands. y (13) The ~ ~ermittee is advised--that the'~~es of the South Florida Water Management District requu•e the permittee to obtain a ware use permit from the South Florida Water Management District prior to constructroai~dewaterrng ,iariless the work qualifies for a general permit pursuant to subsection 40E- 20.302(4), F'A.C ,also k~own as the "No Notice" rule. ~1~= (14) The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise .by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. (1S) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a forma] determination under section 373.421(2), F.S., provides otherwise. Page 8 of 15 Sunset Beach Investments, LLC Permit/AuthorizationNo.: EI-56-0264272-OOi {16) The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 62- 343.130, F.A.C. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. (17) Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. : (18) If historical or archaeological artifacts are discovered at any time on ihe~project site, the permittee shall immediately notify the appropriate Department office. ::~f TE:;, (19) The permittee shall immediately notify the Department in writing~of any previously submitted information that is later discovered to be inaccurate. x ~ GENERAL CONSENT CONDITIONS: ~ T~ {1) Authorizations are valid only for the specified activ'tt< pr. use. Any iti5authorized devration'fri5m the specified activity or use and the conditions for undertakingthat actRyity'or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (2) Authorizations convey no title to sovereignty submerged land or water colurru~, nor do they constitute recognition or acknowledgment of any other~persoil's,title to such land or water. „ , w~.4 _ 1i,. (3) Authorizations may be modified, suspended or revoked in accordaa~e with their terms or the remedies provided in Sections 253 04 and 258.46, F.S , or ~tlapter 18 14, liA.C. y r_ (4) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources y t % b (5) Construction, use, or opera_ tton of the structure or ac..tivrty shall not adversely affect any species which is endangered tlireatencd or of special concern as fisted in Rules 68A-27.003, 68A-27.004, and 68A-27.005, 4` (6) ~ Structures or activiries shall not unreasopably interfere with riparian rights. When a court of competent jurisdiction determines tha~riparian rights have been unlawfully affected, the structure or activity shay-'~e modified in accordance with'the court's decision. ~ Y (7) Structures gr activities sha1L not create a navigational hazard. ~r (8) Structures shal~~:''tharrrtained in a functional condition and shall be repaired or removed if they become dilapidated to suchai extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. {9) Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non-water dependent activities authorized under paragraph 18-21.004(1)(f1, F.A.C., or any other applicable law. Page 9 of 1 S Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 SPECIFIC CONDITIONS: (1) Drawings and Attachments: The 3-page permit review checklist; the project drawings, Exhibits 1 through 33; the 7-page "Sunset Beach Maintenance and Monitoring Plan", Exhibits 34 through 40; the 4-page "Mitigation Bank Credit Reservation Agreement", Exhibits 41 through 44; the 4-page "Florida Exotic Pest Plant Council's 2007 List of Invasive Plant Species Exhibits 45 through 48; the 6-page "Deed of Conservation Easement", Exhibits 49 through 54; and DEP forms 62.343.900(3), (4), (5), (6), (7), and (8) are attached to and become part of this permit. If the attached permit drawings conflict with the specific conditions, then the specific conditions shall prevail. (2) Pre-construction Meeting: After selection of the contractor to perform the; authorized activities and prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend apre-construction conference with a representative of the Department.-_~~The pernuttee shall contact the Department of Environmental Protection, Southeast District Branch Office,'Submerged Lands & Environmental Resources Program, Compliance/Enforcement Section, Attention: Eric SSea, 1801 S~ Hillmoor Drive, Suite C-204, Port St. Lucie, Florida 34952 (phone: 772!398-2806) in writing to schedule the conference; ; ' (3) Compliance with General Conditions: The permitteeJshall be aware of and operate under the attached genera( limiting conditions. General conditions are binding upon_the permittee and enforceable'pursuanr to Chapters _ _y, 403 and 373 of the Florida Statutes. a,, (4) General and Specific Conditions/Construction Personnel , The permittee shall be responsible for ensuring that the permit conditions are explaned to all constructiori`~ersonnel working on the project, and for providing each contractor and subcontractor with a co y of this permit before'construction begins. (5) Coastal Construction: Construction sha L` not'arrur seaward of the Coastal Construction Control Line (CCCL) prior to obtaining all necessary approvals from the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems. Prior to cammencement~of'construction seaward of the CCCL, the permittee shall submit a copy, of, the,;,000L Permit to the Departmetl~ of Environmental Protection, Southeast District Branch Office, Submerged Lands:& Environmental Resources Fcbgram, Compliance/ Enforcement Section, Attention: Eric Shea, 1801 SE HillmoorJ~t`ive, Suite C 204 Pori St. Lucie, Florida 34952 (phone: 772/398-2806). ~:a (6) State Road AlA Right-of Wax Construction Construction shall not occur within the State Road AIA Right-of--Way prior to obtaining al]_secessar~ apprayals Groin the Florida Department of Transportation. Prior to commencement of construction wirh~t~e State Raad:`~ilA Right-of-Way, the permittee shall submit a copy of the FDOT Rigt~t~of-Way'PerYnit to the ~ ~iprtment of Environmental Protection, Southeast District Branch Office, Submerged'~.ands & Envtronmental Re~burces Program, Compliance/ Enforcement Section, Attention: Eric Shea, 1801~L I-~illmoor Drive, Suite C-204, Port St.l,ucie, Florida 34952 (phone: 7721398-2806). .,1 (7) On site Construction The work authorized by this permit shall not be conducted on any property, other than that owned tty' {he perrnittee, without the prior written approval of that property owner. (8) Staging & N[tial Storage Restrictions: There shall be no staging of equipment and/or machinery or storage and/or stockpilutgafaools and materials (i.e., lumber, pilings, debris) within wetlands, unless specifically approved in the permit. (9) Fill Material: Ail fill material to be used in the authorized 0.67-acre permanent impact area shall be clean fill and free of vegetative matter, trash, rebar, garbage, toxic or hazardous waste or any other unsuitable materials. (10) Surface Water Management System: The surface water management system shall be constructed in accordance with the attached exhibits and described herein. The permittee shall ensure that the permit conditions are explained to all construction personnel working on the project and for providing each contractor and subcontractor with a copy of this permit before the authorized work begins. This permit must be attached to the Sunset Beach Page 10 of 15 Sunset Beach Investments, LLC PermidAuthorization No.: EI-56-0264272-001 Homeowner's Association rules and regulations as an exhibit. The registered agent for the Association shall maintain copies of all further permitting actions for the benefit of the Association. (I1) Additional Water Quality Requirement: The Department reserves the right to require that water quality treatment methods be incorporated into the drainage system if such measwes are shown to be necessary. (12) Perimeter Grade: Perimeter grades around the proposed site shall be set at the minimum elevation in order to prevent runoff from the developed areas of the project from short-circuiting the SWMS, and draining off- site. A FDOT or Municipal Connection permit may be required if stormwater from the driveway areas is not fully retained. (13) Wetland Impacts: Approximately 12.7 acres of wetlands shall remain undisturbed. This permit authorizes permanent and temporary impacts to the wetland fill areas shown on the attached Exhibit 3/S4 only (0.91 acres). No other areas are authorized to be impacted, which includes but is not limited o clearing with the use of heavy equipment, filling, or excavation. ,~fi~~~,. (14) Wetland/Construction Separation: As part of site preparations and prior to construction, the bulkhead lines and boundaries of all upland buffer areas, as shown on the attached Exhibit 3154, shall be clearly staked in the field, in a way which is visible and obvious to anyone performing work on-site, including someone operating heavy equipment. A clearly visible temporary, effective construction barrier shall be placed along the staked lines to isolate the construction areas from the wetlands that are to remain undistwbed. Turbidity fences shall be installed no further waterward than a fow-foot offset from the bulkhead. (IS) Sedimentation/Erosion Controls: All we~arid`areas or water bodies rovbich;are outside the specific limits of construction authorized by this permit must be proioct~di~from erosion, siltation, scouring, andlor dewatering. Prior to any work in wetlands, turbidity control devices shall he'trrstalled to Completely enclose sil construction activities. The pennittee shall ensure that erosion ~ttd turbidity `control ~ctevices/procedwes are inspected and maintained daily so that they arg operating effectively dtuing'all phases o~ construction authorized by this permit. At no time shall there be an};~~drs~harge'fr? violation of'~~e water quality standards in Chapter 62-302, Florida Administrative Code. OncB=all areas rhaf"-were distwbed~~uring construction are sufficiently stabilized to prevent erosion, siltation, and turbr$;'citscharges, ilia;:turbidity and erosio:~ control devices shall be removed within 14 days. (16) Dewatering: No dewate;~ri~ sliail_~e conducted witl?out the appropriate authorization. Dewatering activity may require an Indusinal;,Wastewater; permit (Tim' P'Qweal at 561/681-6684, DEP/VJest Palm Beach) and SFWMD approval. Wihin'30 'days of receipt of a'dewatering permit, the permittee shall submit a copy of the permit to the Departmgnf`of Environmental Protection; Southeast District Office, Attention: Indar Jagnarine, Stormwater Section, 400 hIotih~Congress Avenue, Swte 200, WestPahn Beach, Florida 33401. Vim. < (17) Spoil,bisposal: Spoil and removed`'~o is that will not be used as fill shall be properly contained tr ~ runoff into wetland~.~nd surface waters and shall be properly disposed of within uplands. (18) Land an~egetation Clearing: Herbicides shall not be used for vegetation clearing. Cleared vegetation and garbage removed from~th~ite shall be properly disposed according to local, state, and federal regulations. (19) Operation and IVlaintenance Entity: Prior to the commencement of the operation of any part of the swface water management system, the permittee shall provide to the Department a recorded Declaration for the Sunset Beach Homeowner's Association, Inc. (20) Perpetual Maintenance: The Sunset Beach Homeowner's Association, Inc. shall be responsible for perpetual operation and maintenance of the swface water management system. The applicant shall maintain the storrrtwater system to inswe that it operates as designed. The detention basins and exfiltration trench system shall be maintained (cleaned out) by the operator on an annual basis. The operator is responsible for maintaining a Page 11 of 15 Sunset Beach Investments, LLC Permit/Authorization No.: E1-56-0264272-001 maintenance log that documents when maintenance work was last performed (see attached Form # 62-343.900{6) FAC). (21) EzoticlNuisance Plant Species: The pennittee shall maintain, in perpetuity, the entire property, including the dune, construction site, and wetlands free from the invasion or establishment of the plants listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached). The landscaping within the project site shall not include plants that are on the EPPC list and the pernittee shall ensure that environmentally safe application measures are upheld if herbicides are used. Pf.. (22) Mitigation for Wetland Impacts: To offset permanent impacts to 0.6? ace Qf mangrove wetlands and temporary impacts to 0.24 acre of mangrove wetlands (0.91 acre total impacts); the peiirittee shall complete the following mitigation activities: ~r-=. (1) The permittee shall purchase one mitigation credit from the `.$t. Lucie County Bear Point Mitigation Bank prior to cornrnencement of construction.`r, {2) The pennittee shall enhance 7.8 acres of mangrove wetlands on the east side of State Road AlA {M-East) by performing the following activities in accordance with the`at'tached Exhibit 16/54 within two years following commencement: bf construction: r~ A. install one, 24-inch C.A.P. culvert wrth~a~Qde gate'weit under the berni'on the north and south side of the saltwater basin to provde;fidal flow between the northern mangrove wetland impoundment~and the tidal basin; B, install three, 24-inch R.C:P. culverts underneath-State Road AIA and construct a pump station to facilitate enhancement activities by the~~'$t._iueie Mosquito Control District, improve flushing of the ~ve~lan~s"<jn,the impoundment `south of the tidal basin east of State Road AIA, and rmpioye flushttig~and tide! exchange between the wetlands east and west of State Road A 1 A; - t+., <; 1; , ,,t~ C. remo~~e,:~all exotic and nuisance lent specr~lsted on the current version of "The Florida Exo~id'PesG~~lant Council's Lis~of Invasive Plant Species" (2007 version attached) from all:on-site w~tla~d areas and reptant the areas with appropriate native wetland vegetation. ~ ~ .,,~,,r r.„ (3) The permrttee shall enhance 4.1 acres of mangrove wetlands on the west side of State Road A 1 A (M-West2) by ~in'stalling'three~ 24-inch~RC.P. culverts north of the saltwater basin per Exhibit P6/54 within two years following c' omineneement of construction that will create a connection to ,,~'``"`tlie~wetlari~ds.east of State Road AIA. Furthermore, the permittee shall remove all exotic and nuisance`pIaiif species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive ,Plant Species"'(2007 version attached) and replant the areas with appropriate - native wetland vegetation,"per Exhibit 23/54 within two years following commencement of construction. (4) .The permittee shad create 1.2 acres of upland buffer (M-Upland) per Exhibit 16/54, located adjacent to the wetlands east of State Road AlA and surrounding the saltwater basin by removing all eSc~:tic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Counci ~"`I.ist'of Invasive Plant Species" (2007 version attached) and replanting the area with appropn~e~native upland vegetation in accordance with the attached mitigation and planting plan (Exhibrtsl7 through 22/54) within two years following commencement of construction. (5) The permittee shall restore 1.3 acres of mangrove wetlands on previously altered sovereignty submerged lands (M-West), located west of State Road AIA, by removing all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached), scraping down the land to intertidal elevations contiguous with adjacent mangove wetlands, and replanting the area with appropriate native wetland vegetation in accordance with the attached mitigation and planting plan {Exhibits 16, 23/54) within two years following commencement of construction. Page 12 of 15 Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 (6) The permittee has executed and recorded with St. Lucie County the attached conservation easement granted to the State of Florida Department of Environmental Protection encompassing 20.23 acres of on-site existing, restored, and enhanced wetlands and coastal dune habitat. (23) Mitigation Maintenance and Monitoring: The permittee shall monitor all mitigation areas in strict accordance with the attached "Sunset Beach Maintenance and Monitoring Plan" (Exhibits 34 through 40/54). Within 30 days after completing the removal of all exotic and nuisance plant species and subsequent enhancement plantings, the pertnittee shall submit to the Department a baseline ("time zero") report. The report shall include the number of individuals planted, species planted, and the date of the plantings. The report shall contain photographs, taken from referenced locations, to represent the entire site. Additionally, a drawing shall be included to show the location and direction of the camera. Subsequent monitoring reports shall be subigtted araually for a period of five years, the fast report being due 90 days after the baseline report. The annual; reports shall include the number of plants surviving from the initial planting, additional seedlings planted, and explanations if survivorship is trending toward failure. The reports shall include photographs from the locations:: referenced''in the baseline report. The reports shall be sent to the Deparment of Environmental Protectiory~~ouilieast District Branch Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcetrient..Section, Attention:-.Eric Shea, 1801 SE Hillmoor Drive, Suite C-204, Port St. Lucie, Florida 34952 (phoney 772/398-2806}. I ' (24) Mitigation Success Criteria: In order for the exotic and nuisance plant species removals''an'd~enhancement plantings to be deemed successful, the planted native upland, obligate,;facultativewet, and facultative species must achieve a minimum 80% survival rate by the end of the first five years `after planting. The responsibility to determine if the exotic/nuisance plant species removals and enhancement \lantings are meeting the permit-specified success criteria shall not fall solely on the Department, Within the first tworXears after planting, if the permittee becomes aware that the project is not meeting the success criteria and probably~will n~ meet the criteria based on site observations, then the permittee shall notify the'I]epartnent at the address iri$pecific Condition Number 23. The permittee shall then submit an alternative planting;plan to tha Department foz?teview and approval. The exotieJnuisance plant species removals and enhancement plantings shall be determined to be successful when the requirements of Specific CondrtionsNumbers 22, 23, and 24 of the permit_have been met. (25) Mitigation Bank:Piyment Receipt: In accordance with the attached "Mitigation Bank Credit Reservation Agreement" dated March'3;32006 (Ext~ibits;41 through 44/547,,thg;permittee shall make a final financial contribution of 587,600 for one (1) credit'fo,the_ St. Lucie-County Bear PoinfMitigation Bank for acquisition, enhancement, and management of 1.0 acre of mangtove~wetiands ~nthin_the rriitigation bank. The check (or other form of payment) shall include the unit cumber for this- ro ect~ pe p ~ (EI=S6=0?~64272-001) and be made out to St. Lucie County. Prior to construction;`fhe~permittee sfiah provide'documentation to the Department of the financial contribution in the form of a recetpEFfrom the St. Lilcie ~ounty Bed Point Mitigation Bank to the Department of Environmental Protection, Southeast~;,District Branch : ~ Office, `Submerged Lands & Environmental Resources Program, ~ ~1. ComphancelEnforcement Sectron;~;Attention:?~ric Shea, 1801 SE Hitlmoor Drive, Suite C-204, Port St. Lucie, Florida 34952 (phone: 772/398-2806). The receipt shall include the permit number for this project (EI-56-0264272- 001). ~ l~ (26) Conservation,Easemenl:' In order to preserve the on-site wetlands, the permittee has executed and recorded with St. Lucie G~`~ty,°a 20.23-acre conservation easement granted to the State of Florida Department of Environmental Protection (Exhibits 49 through 54154). The permittee shall maintain, in perpetuity, the 20.23-acre conservation easement with less than 5% establishment or invasion of any plants listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached). Monitoring and maintenance of the conservation easement area shalt be maintained in perpetuity for the life of the facility with annual monitoring and maintenance plans submitted to the Department for the fast five years from the time of each phase of project commencement. If for any reason the permittee elects not to carry out any of the activities for which the permit was required, then the conservation easement shall be released by the grantee. To obtain a release, the pernuttee must acknowledge that this permit is no longer required and must formally surrender the permit. Once the applicant formally surrenders the permit, the Department will prepare a Release of Conservation Easement for the permittee to record in the County's land records at their own cost. Page 13 of 15 Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 (27) Mosquito Control Activities: Any activities conducted on-site for maintenance or operation of mosquito control facilities shall be accomplished without additional adverse impacts to wetlands. This includes preparation of the berm surface for maintenance access that may require soil removal and sod placement. (28) Protection of Marine Turtles: Prior to commencement of construction, the applicant shall submit a copy of the "Sea Turtle Protection Plan", including a "Lighting Plan", approved by the Florida Fish and Wildlife Conservation Commission to the Department of Environmental Protection, Southeast District Branch Office, Submerged Lands & Environmental Resources Program, CompliancelBnforcemen[ Section, Attention: Eric Shea, 1801 SE Hillruoor Drive, Suite C-204, Port St. Lucie, Florida 34952 (phone: 772/398-2806). All permanent exterior lighting shall be installed and maintained as depicted on the FFWCC approved lightingschematic and cut sheets. 4y_ (29) Protection of Marine Turtles: Additional exterior lighting is not authorized on any strvctwe or in the landscape in the project area. If any of the lights become visible from the beach'o>• disorient nesting or hatching sea turtles at any time, they must be modified such that they are no longer visible from thg:beach. ~ !~i r >-x, (30) Protection of Marine Turtles: Operation, transportatton~or~?storage of equtpment or materials is not authorized seaward of the dune crest or rigid coastal structure,:~iliring the marine turtle nesiittgseason. The marine turtle nesting season is May 1" through October 31T` in all coitlties except Brevazd, Indian River`,: St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle ne~ttng occurs during the period of March 1" through October 31~' (31) Protection of Gopher Tortoises. If any gopher tortoises or'bii'rr~ws are found during on-site activities, contact the Florida Fish and Wildlife Conservation Commission, Attentiori.Chance Cohen, 255 154`" Avenue, Vero Beach, Florida 32968 (phone: 772/778-6354) for a relocation permit. Executed in West Palm Beach, Florida. , ~A STATE' OF FLORID~fi~DEPARTMENT OF ENVIRONMENTAL PROTECTION ~s r .Jenntfet~'~K. Smith Date ~ ~`~nvironmental Administrator ' ";Nx ~•y ~ Submerged Lands & Environmental Resources Program JS/hb/ij ~ Ate. Copiesfurt?is~ed to: ' .~f ~ FDEP Compliance~nd Enforcemeri ~ric Shea, Eric.Shea@depstate.fl.us FDEP Bweau of Beaches and Coasf~l Systems, John Wettstein, John.Wettstein@dep.state.fl.us FDEP Coastal and Aquatic Managed Areas, Laura Herren, Laura.Herren@dep.state.fl.us FDEP, Mimi Drew, Mimi.Drew@dep.state.fl.us FDEP, Jack Long, Jack.Long@dep.state.fl.us USACOE, Alisa Zarbo, Alisa.A.Zarbo@usace.army.mil SFWMD, Donald Loving, DLoving@sfwmd.gov FFWCC, Division of Habitat and Species Conservation, Vicki Barnett, Vicki.Barnett@myfwc.com Department of Community Affairs, Ray Eubank, Ray.Eubanks@dca.state.fl.us Department of Community Affairs, Johnna Mattson, Johnna.Mattson@dcastate.fl.us FDOS Division of Historical Resowces, April Westerman, amwesterman@dos.state.fl.us St. Lucie County Mosquito Control District, Jim David, JDavid@co.st-lucie.fl.us Kimley-Horn and Associates, Inc., Jennifer Simpkins, Jennifer.Simpkins@kimley-hom.com Sunset Beach Investments, LLC, Cliff Kennedy, tmcckennedy@bellsouth.net Page 14 of 15 Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and authorization to use sovereignty submerged lands, including all copies, were mailed before the close of business on , to the above listed persons. FILING AND ACKNOWLEDGMENT ~?x: FILED, on this date, under 120.52(7) of the= s Florida Statutes, with the designated DepartmentCierk, receipt of which is hereby acknowl'edge~._=__ Clerk ~ Date _ ; ; , 1 X t } ' .t- . ~ `fi'r' - Prepared by Indar Jagnarine and Holiy Boyett. ~ „ a~ 63 pages attached. ~'~Y ~'s~. s , rz~,,~e r, ~ w - fr~ ~ 5~i f ~i 7 +Y i= t` 'y;-` - r Y~ j ; ' ' a, ;i t ~1'. "c..l "ix, r '.:';_rl Page 15 of 15 ~ Permit Review Checklist (a summary of the required monitoring and reporting activities for your project) Pre-Construction Requirements Activity Date Due Date Completed ? Contact DEP to schedule Prior to construction pre~onstruction meeting ? Submit "Pre-Construction Notice 48 hrs. before construction Form" to DEP ? Mitigation: mitigation bank credit Prior to construction ? FDOT Right-of-Way permit Prior to construction ? FDEP CCCL permit Prior to construction ? FWCC approved "Sea Turtle and Lighting Plan" Prior to construction ? Temporary erosion control Prior to construction structures in place Construction Requirements Activity Date Due Date Completed ? Permit with al! attachments Permit shall be available on-site kept at the work site for DEP inspector at all times ? Permanent erosion control Structures should be inspected structures in place daily ? °Annual Status Report" submitted Following June of each year until complete ? Report changes to permitted Contact DEP before drawings/plans/activities any changes Post-Construction Requirements Activity Date Due Date Completed ? °Completion and Certification 30 days after construction (As-Bullt) Form" signed & sealed by P.E. and sent to DEP ? Mitigation: wetland enhancement Within two years following commencement of construction ? Mitigation: success Please see the attached monitoring schedule foryour project ? "Permit Transfer Form° Within 30 days sale of property submitted to DEP {if property sold) For the above criteria that require you to contact DEP -you should contact the Southeast District Branch Offlce, Environmental Resources Permitting Section, Compliance and Enforcement, 1801 SE Hillmoor Drive, Suite C-204, Port St. Lucie, Florida 34952, Attention: Eric Shea. Phone: 772/398-2806, Fax: 772/398-2815. PLEASE NOTE: As the property owner/permittee, you are ultimately responsible for ensuring that the required conditions of your permit are complied with and timely reported to the Department. Please ensure that any designated contractors or agents acting on your behalf are familiar with these requirements. Wetland Enhancement Schedule As part of your permit requirements, all exotic and nuisance plant species listed on The Florida Exotic Pest Plant Council's 2007 List of Invasive Plant Species shalt be removed and monitored for a five year period to ensure successful growth and propagation of planted native species. Installation of culverts/pump stations and initial exotic/nuisance vegetation removal and enhancement plantings - Required within two years following the commencement of construction, a baseline report to be sent to the Department ? All culverts and pump stations installed Two years following commencement of construction ? Initial exotic removal completed Two years following commencement of construction ? Enhancement plantings completed Two years following commencement of construction Activity Date Due -Report Submitted Date Completed ? Baseline report 30 days after initial exotic removal and enhancement plantings ? 1~ year -annual report One year later ? 2nd year -annual report One year later ? 3`~ year -annual report One year later ? 4'" year -annual report One year later ? 5'h year -annual report One year later ? Mitigation success notice After 5 years r ti' F Pepper eeocn Sf Rec Area-rl Ent Flolld~fa Tpke _ _ s St. Ltxlt 1.1 Fort Fierce inlet of Rrc Araa `Il Ent p.,~, 2 A t a n t i c ~ t3 ~1. Fort Pierce O .1T_ O r e a n Z 1 F L O R I D A i 617 :~.;a ~ + Cl15 y ' S T. L U C,'Ir 'i Z tali. 7f5 + t I O L~ ~ ~ STA7E OF FLORIDA PROJECT VICINITY , A 1 ST. LUCIE COUNTY ¢ vran art (SEE BELOVI~ ~ ~ Z Oak Hammo ~ ~ 'O ~ ' ' ~ p~T ~ 0. sne~ark 'r a L7P,~' ~ ~ Jen ~tch t ~ l ~ ~ Gp~° ~ ~ j a, ~ w ~ ~ 09MT~' OC n Prank ~ O ~i tv a `S M Rd se J ~7 \Rio 'y K ST~L 81 Noo s 601A AVt 6 . Y ~ l.. 1 . ~ r~ _ ~ `2I I 1~ fi f ~ ~ `Fort Pierce - Zy.. c 4 s 713- ~ , 615 770_ 7 f/ 8 l i C O c a B n I F~ ~ o R I~ D A A,A PROJECT i 'r 9 U ~ 811 _ - Indian LOCATION ~ o s f r S T. L U. C I E s sts a Tor: ~ s a n a ~ ~ ~i n. ~7 ~ -'..712.. -N 712 a i -709 - N 3 _ V 2 W 6 - m ~ ~ ' Port St. E Easy St H 5 5 D ~ e C~ ~ is UUU 8 s lucit eis 0200/WC C .Mrdlol qss us.nln Ur smea m VICINITY MAP ~ Kimley-Hom LOCATION MAP = and Associates, Inc. CO 2006 KIMLEY-HORN ANO ASSOCIATES. tNG SUNSET BEACH 10521 sw VLC CTR OR. STE 103, PORT ST. LUCIE. FL 34987 Section 29, Township 35 S, Range 49 E E TEI:(772) 345-3800 fAx:(772) 286-0138 ST. LUCIE COUNTY, FLORIDA ~ WWW.KMIEY-HpiH.COY CA 00000696 R+w.t OrMpiN Br. Pv~n 0Y Ow<t.d 8,: SCK4 9ROdCCT ~ D~1Q KHA JSA ,~S N.T.S. 041124000 MAR 2006 FIGURE "I 0 i ~ ~ - . > ~ _ I ~ K %k~ ~ _ _ 'mow,, a ~ / 7 ~~'_i.. eCAEA6 ei1dYM1 e \ +M a ~ y 1 1 ' l .i"a~v ` Y... ~ ~ ~ ~j~ f ~ r Y. r ~ ,o j ~ _ ~ ° } f _ ~ r,.. ~ ~ 1 J 1 'L.. ~ , i ~ ~ + t ~ c X11 - ~ n i ~ ~i _ i. of ~ ~ r SWRCE: 2005 PHOTOGRAPH - AEVIEW, v4.4 (c)2003, AERIALS EXPRESS, LLC. ~ FLUCFCS - Florida Deportment of Tromporlatbn. Florido Lond Use, Cover and Forme Clossificotlon System,. 1998. LEGEND t Code Community Area t 437 Australian Pine 11.2 AC t 612 Mangrove Swamps 13.4± AC i 710 Beaches (ocher than swimming beaches) 4.4± AC f 740 Diskurbed Areas 0.1± AC 'g ~ TOTAL: 29.11 AC Kinliey-Hom VEGETATION (FLUCFCS) MAP ~ and Associates, Inc. j O 2009 KIAILEY-HORN AND AssociATES, ANC. SUNSET BEACH = tOS21 sw VLC CTR DR, STE 103, PORT ST LUpE, Fl. 34987 Section 29, Township 35 S, Range 41 E TFL(772) 3as-3eoD FAx:(nz) zae-rn3e ST. 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I mzv ~..~'.l° O 'SLY I':'t~ y ~ 11 0 r 0 i ~ I i7'~~ ~~3 1 1 I i y~~ _ +,r~ C 5+ 1 ~~~T (ii~ p~ ~ r~~ I f ~o a i j ~ ly _ _ a I 77~~ ~ C Y - r G~ E ° " \ ~ c~ ~ .D v c ~ ~ 8 Z ~ ~ ° ~ ~ L 0 9 S $ ~ 4 ~ D Dip ~ SUNSET BEACH ~INo N D ~ A ~ AN 9 O ~IT(~Z ~ PLAN ~j, m x w N H ~ ~ z ~ ~ ~ ~ 2008 „a ° ~ N ~ .y ~ :it cijY ~~~~~~)di:+ ~ O ~~~=ST Paini BEA ~ Q APIUI, Zoos U I_f1i tn] U U a TABLE OF CONTENTS 1.0 INTRODUCTION ..............................................................................................................1 2.0 EXISTING SITE VEGETATION ......................................................................................1 3.0 DELINEATION OF NATIVE HABIT ...........................................................1 4.0 RESTORATION & MAINTEN F ®C~IVI7~ .................................................1 4.01 Exotic Species ~.~..................................................2 4.02 Re-ve etation g ..:cl.,... b...... 5.0 MONITORING & M E ......::................~........................................2 rn 5.01 Monitoring Set-up... Q....... ~ 5.02 Monitoring ..............ck,:....o. ~............~.....~....~~.,.................................................3 5.03 Panoramic Transe t B~.Q air tog ~ s.~....c~......... t?? .....................................3 ..n. N ....................................3 5.04 Wildlife Utilizatio ...c~... " ~...~•.....:y.. 3 5.05 Monitoring Repo a t ~5., ~ °o ~ O F FI S ~ Figures ~ ~ 2I I n 1-Location Map 2-Vegetation (FLUCFCS) Map 3-Preserve Area Map i i ' ~ UU I I 1.0 INTRODUCTION The project site consists of 29.] acres of land located on South Hutchinson Island 1,700 feet north of the Middle Cove beach access in St. Lucie County. A location map is provided as Figure 1. Kimley-Hom and Associates, Inc. has been retained by Sunset Beach Investments to provide the supporting information for this Maintenance and Monitoring Plan (Plan) for the proposed on-site Preserve Areas. The following addresses delineation of the Preserve Areas, > >te achvi ' and monitoring and maintenance plans for the proposed Preserve Areas. Three reset~~A ext'~ Wetland Preserve Area, Upland Preserve Area and Dune Preservation nev q 2.0 EXISTING SITE VEGET TCbN ~ o fT Land uses were classified accor in~o ~lo `da m meet ~ T bon's 1999 Florida Land Use, Cover, and Forms Classific ti~i S F UC ~Ve~etati n' L CFCS) Map of the site is included as Figure 2. The acr a~s o~ f r ea d~ov~ are a~ pon field reconnaissance survey information and aerial ' terpr a n-sit ~e e~atio clu es7A stralian Pine (FLUCFCS 437) and Mangrove Swamps (F C~fC d escri ~'o s ~lacov rs.~e rovided below. ~ ~ o ~ ~ FLUCFCS 437 -Australian pine 1 ~ a ~ The length of property located to t e~ an we t o AlA d~m~i ted by invasive and exotic vegetation. This area is dominated i e (C runa eq setfolia). Australian pine also dominates the uplands located between t i~~ound~er~s a the Atlantic Ocean. FLUCFCS 612 -Mangrove Swamps (13.4 + acres II~~ There are two mosquito impoundments located east of AlA and one impoundment located west of AlA that are actively managed by the St. Lucie County Mosquito Control District. The mosquito impoundments east of are separated from a saltwater basin "Joe's Pond" by a man-made berm. Joe's Pond is not part of the subject site. The on-site mosquito impoundments have no direct on-site connection to the Indian River Lagoon. The southernmost wetland west of A l A is not impounded. 3.0 DELINEATION OF NATIVE HABITAT The 13.4 acres of mangroves constitute the only native on-site vegetation. As depicted on Figure 3, 13.2 acres of wetlands will be preserved (11.9 acres will be preserved and 1.3 acres will be created). These wetlands will be referred to as the Wetland Preserve Area. Sunset Beach Investments, LLC will restore 7.1 acres of the dune system. The Dune Preservation Zone (7.1 acres) extends from mean high water to the 1978 CCCL. The Sunset Beach Property Owners Association, Inc. will be responsible for the maintenance and monitoring of the Wetland and Dune Preserve Areas. The Association's responsibilities are detailed in the Covenants and Restrictions. 4.0 RESTORATION & MAINTENANCE ACTIVITIES Wetland Preserve Except for approved restoration, maintenance activities and activities associated with the management of the mosquito impoundments (Wetland Preserve Area) by the St. Lucie County Mosquito Control District, the Preserve Area will be le8 undisturbed. All maintenance of the Preserve Area will be in accordance with this Plan. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. The following activities shall be allowed within the Preserve Area with prior written approval from St. Lucie County. t LJ a) Activities associated with the operation and maintenance of the mosquito impoundments by the St. Lucie County Mosquito Control District b) Exotic plant removal c) Revegetation -planting native vegetation, as necessary ' d) Removal of dead, diseased, or safety hazard plant material Dune Preservation Zone All maintenance of the Preserve Area will be in ance ~ is Plan. Maintenance and management activities will be performed by or under the ~.ew s~'o~f a q~al' a nvironmental professional. Except for approved restoration, maintenance t~',fins an ' 'es ~ss~iat dune restoration, the Preserve Area will be left undisturbed. Thee n~na quenc of tt~ e ~st~jr 'on will be based on the dune condition. The POA will establis ~+d tai a une~und they~,, nitoring, maintenance and restoration of the dune as required Ids ti ~ntt th ~ dune will a te" fished periodically or after significant storm erosion events. ~u o ill b ~o p~,te~cco di~t the Sea Turtle Protection Plan and per the FDEP Coastal C r~tru rd~i nt of Li Np risgit II ~ SL 33sj ~ w ~ Z Upland Preserve Area ~ ~ ~ All maintenance of the Preserve e~i ~ ~'a ord r1~ ~ th I Mai tenance and management activities will be performed by or rt~tr a r' a isi rn°o a2' jual' enviro mental professional. The following activities shall be allowe v~ljn e P ese ~ ea with i4t~r' en approval from St. Lucie County. yh ~ e) Exotic plant removal " F~ fl Revegetation -planting na ' e J`e~a~r~, ~n~ess g) Removal of dead, diseased, or sa material 4.01 Exotic Species Exotic vegetation in Preserve Areas shall be removed by the least ecologically damaging method available. Such methods include hand pulling, hand spading, chain saw and/or treatment with an appropriate herbicide. No debris, such as plant clippings or wood scraps, shall be allowed in the - Preserve Areas. All exotic species will be removed within six to nine months of receipt of the first Building Permit. Exotic and invasive species will continually be eradicated in perpetuity, as required. 4.02 Re-vegetation Sunset Beach Investments, LLC will restore 7.1 acres of dune system. Beach compatible sand will be replaced within the primary dune area as was permitted through the Florida Department of Environmental Protection (FDEP). Vegetation within the restoration area will consist of planted railroad vine (Ipomoea pes-caprae) and sea oats (LJniola paniculata}, bitter panicum (Panicum amarum), sea grape (Coccoloba uvifera), golden creeper (Emodea littoralis), and saw palmetto (Serenoa repens). Re-vegetation in the Wetland Preserve Area and the Upland Preserve Area will be performed to meet the performance criteria set forth in the FDEP Permit No. 56-0264272-001. 5.0 MONITORING & MAINTENANCE PLAN The Preserve Areas will be monitored annually for a five (5) year period. A time-zero monitoring report will be completed after planting is complete. Monitoring will be conducted annually and annual reports documenting the results of the annual monitoring event will be prepared, to document the progress of the Preserve Areas located on-site. The reports will include vegetation analysis, wildlife utilization, panoramic photographs, and conclusions of the anrrual monitoring event. 2 LJ ~ 1~ 5.01 Monitoring Set-up The time-zero will consist of setting wetland monitoring transects (T) with multiple quadrau (Q) in the wetlands. The beginning of each transect (T1, Ql) will be marked with a 36-inch survey stake or a concrete monument and will be used for fixed point panoramic photographs. Quadrats will be established along each transect and marked with 36-inch survey stakes painted fluorescent orange and flagging tape. Panoramic photos will be taken at Tl, Q1; T2, Q1; T3, Q1; T4, Q1; TS, Q1; T6, Q1 and T7, Q1. Additional single point photos will be taken at all quadrats. These fixed-transects and photo stations wi se ument physical changes in vegetation characteristics in the preserved we ~at~a ~rsuall~ 5.02 Monitoring ~G .c '9 Biologisu will conduct u~ai, tt4tori~ f r a ~5eriod ~v )years. Each vegetative community type will be re r®tnt d 't~rth bran and major e~e t n zones will be identified. Sample quadrats will east ton ~h ~ns~u, ~v 'mately every 200 feet. Vegetation inside the q cj~ts i enti t spec lev 1, L;Yh possible. The percent- coverage of each species will b r ed ~ ~ ~ z O N t7~ W 5.03 Panoramic Trans ct''~c ~ ~'P otog ~h ~ ~ y N At the beginning of each ar4~ec , a ~ to pan is ~hot~fgr h (18 )will be taken. A range- pole marked in 12" interva bdl b ro ided n e ch phot ~ f scaling vegetation growth. A single photograph will be i~¢~' qua rat. P amic~h ographs will also be taken at on-site upland Preserve Areas d"tKe n tw~e~are will be discussed in the annual reports. The photographs will p vide p~~ic~al/~o~e tion of the conditions within the upland Preserve Area. Photographs tak ual monitoring event will be included in the annual reports. 5.04 Wildlife Utilization A qualitative study of wildlife utilization (birds, mammals, amphibians, and reptiles) will be conducted during each monitoring event. Wildlife utilization will be determined by sighting, _ scat, calls, nests, burrows, tracks, etc. A species list of observed wildlife from each of the annual monitoring event will be compiled and included in the annual reports- S.OS Exotic Plant Species Exotic and nuisance plant species wilt be removed, in perpetuity, within the proposed Preserve Areas. Brazilian pepper and Austrailian pine currently located within the property will be removed from site. Other exotic and nuisance species will be treated with an approved herbicide (i.e., Rodeo) or pulled by-hand. Exotic maintenance will be performed on an as needed basis, depending on the existing conditions during each annual monitoring event. The proposed Preserve Areas will be maintained at <5% of listed exotic and nuisance vegetation as defined by the Exotic Pest Council. Maintenance will be conducted in perpetuity and run with the land. 5.05 Monitoring Reports Annual monitoring reports, depicting results of each of the annual monitoring event, will be submitted to the Florida Department of Environmental Protection Annual reports will be submitted within thirty (30) days of sampling the Preserve Areas. The monitoring reports will contain, but are not limited to, the following information: 3 i • date of the monitoring report; • results of the annual vegetation surveys; • results of the annual wildlife surveys; • annual panoramic and quadrat photographs; • discussion of project issues related to vegetation, exotic species and permit compliance ~ N ~ F~ G y ~ ~ d .o m ~ x~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ Z l A ~ ~ o ~ R~ ° ~ ~ 3 2iI A ~ G:1041 I24 SUNSET BEACH~ENV\ERPIMALNTENANCE AND MONITORING PLAN FDEP 04 04 08.DOC 4 j (~l f ^ l ~ ~J ~J UU UU uu uu ~ CULVERTS TO ~ IMPROVE IMPOUNDMENT ~ PRESERVE SIGN ZO ~ ' ~P) APPROX. MEAN ~ ~ ~ _ _ HIGH WATER -F--- r ~ - r{ ~ LINE (EL.=1.9T/0.4T) o Aso 300 s ~ ~ a., ~ = ~ PHOTO e ~ LOCATION ~ 24' CAP W ID ~ ~ + ~ GATE WEIR y - ~oFS P 1~_ ~ ! . ~ p PROPOSED DUNE ,gyp CROSSOVER ~ e ~ ` tiR D ~ d cs t [d STATE OWNED LANDS O N PRESERVE SIGN E ~ (NOT INCLUDED IN THE ?.g ` _ ~ / s CONSERVATION p' ~ ' . ~ $ EASEMENT) t6 ~ d ~ ~ p' + N ~ LIMITS OF DUNE ~ O ~ S \ RESTORATION i ~ ~ ' ~ ~ FILL Y o t` ~ n ~ ~ ` ^ • DUNE o ~ ~ p7- I ^ ~ ~J PRESERVATION a ~ MOSQUITO CONTROL PUMP cP N -~~a ~ AREA Q ~ STATION OR PUMPS (NECESSITY ~ , ' ~ ` ~ AND LOCATION ON SITE TBD BY ~ ~ ~ i THE DIRECTOR OF THE MOSQUITO % - y ~t~ ~ ; CONTROL DISTRICT ~tP - ~y~ ~ x ~ ~ W t CULVERTS ~ ' ~eAeeA TO IMPROVE ~ Q ~ IMPOUNDMENT . 'AJ s~ o, to 1N/~110 , ~ . ~ B 1 ra ewwn - ` \ g s4 ~ ~ LEGEND ~ t ! a DUNE PRESERVATION ZONE (7.1 AC) T1 TRANSECT c g e ~ P UPLAND PRESERVE AREA (1.2 AC) Q~ Ql1ADRAT F R WETLAND PRESERVATION AREA (13.2 AC, EL = 7.5'Ib.O NGVO / NAVD g$~ i ~ 11.9 AC PRESERVED, 1.3 AC CREATED) Note STATE OWNED LANDS NOT INCLUDED iN o ~ ~°"S'"`K"'° eRiALL ~ THE CONSERVATION EASEMENT (1.8 AC) ~ p ~ r - RIIfMD Ad5[AK 90115 Al lg9N D ~ a C~ ~ 90tS ti)Ull e[ IMSTALL[O /~IAMC TK O ` Pp[Sa[V[ OOtWARY Iq Yp1f 1NAM 300 o !qf /DMi AS 5'MOMI O ~ $ ~ PRBS~N DET~L "n PRESERVE AREA MAP & MONITORING PLAN ~ E = scuE AS NO7E0 ?_a ~~_jyy~ OAIE oc9w CMdNCCR ~ ocvwm •r 11°7_'^"~~ SUNSET BEACH ~ TM ~ 8f1d~30Ct2(BS,((IC. APR+L zone FIGURB 3 °^A~ ~ b.r,..NO~ .NO A$5~(L17Q, MC SOUTH HUTCHINSON ISLAND s a`°`m e. ""5 "":""'"`"'.."M.,rti>w PRO~GT N~ ST. LUCIE COUNTY FLORIDA nanoA .S. ,A'~MA1Btl! c ~ vi»+1~Sd1 t.1u y..i 01124000 ~ ~ rtEV nvR+l 200E SswluAn-NOML0011 a anom55s MITIGATIOII B~AFH CREDIT RE8ERVATI01~ AGFtT Tffi8 AGRE~[F.NT made and entered into this .day of ~~c 2006, by and between ST. LIICIE COIIATY, apolitical subdivision of the State of Florida, (`County}, whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and SIIII8ET BBACH I..LG., a Georgia limited liabrTity corporation, (`Developer, whose address is 207 Carson's Creek Drive, Dawsonville, GA 30534. WIT1rF.SSETH WHYS, the County owns and operates the Bear Point Mitigation Bank, (`Barrlr; and, WSffi2F.A8, the Developer is the owner of certain property lying in the Banl~s Mitigation Service Area,(`Site"~; and, WHBRF.AS, the Developer intends to develop the Site in a manner consistent with all local, state, and federal regulations; and, the Developer desires to reserve one dual Stage and Federal mitigation cr~adits in the Bank order to seek the necessary permits for the proposed developm ~c~ #h~ ~i~e ;acrd,. 11~?SBitEAS, the minty ' wrllin to e~h requested credits pursuant to the terms and Dorn this ~ U ~ ~ F ~ _ an ~ ~e ~ afi o t~arrlaaled lzeleiR, tfle ~ c c ~ b W 1. 'lhe Co a ' ~ e o b~ti ral/State Credits for the Project as set forth ' 's me ~ eats, I,.L_C.. 'lire parties acknowledge and t eas~:of a is not guaranteed u:.-~. to January 1, 2007_ 'or6~e1 -of a 'ts will be subie~ct to the approval of the Florida De of v~r~n Pmtection.l`he term of this reservation shall begin on th fi~ n above and shaIl continue far a period of two f21 nears from the date o this Agreement s~ubiect tv extension anon the prior written agreement of the parties. 2_ In consideration of such r~eservation_ the varties acknowledge and agree that the Developer has raid the County anon-refundable reservation fee ~"J ~ Lrtl ~ U~ (°`Reservation Feed in the total amount of twenty-one thousand nine hundred and 00j 100 dollars ($21,900.00) based upon twenty-five percent (25%) of the current price of the reserved Credits upon the date of this Agreement as set forth in the Reserved Credit Allocation. 3. It shall be the responsibility of the Developer to provide the regulatory agencies with a copy of the receipt or other acceptable proof indicating reservation of the Credits. 4, In the event the permits for the Property are issued, the parties shall enter into a lUiitigation Bank Credit Purchase Agreement for the required number of Credits_ The amount of the Reservation Fee shall be credited against the Credit purchase price. In the event the permits for the Project are not issued, the County shall retain the Reservation Fee and the Developer shall have no claim against the County for the Reservation Fee or the reserved Credits. 5. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shaII be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resohred by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County ' shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, ciou , itrary, so grossly erroneous as to neeessanly imply bad far o'~z~t~iel~~~,e substantial evidence. S. Prior to ' a{~ri li ' a 'on o this Agreement, the parties . agree to submit the di~ iss ~ r ' tsi~ t ediator for non-binding mediation. The ' s grq~ ~ m c~,~t n from a list of certified mediators available fro n th~le~ i~ ~3 to a County. The fee of the mediator shall be s aged equa~.ly~y ~ 'e~ ~o e.e ent allowed by Iaw, the mediation process ei~fic~$e an s of the mediation or any testimony or argum ced e. , o s all not be admissible as evidence in any sub n proce cc~ti ~ disputed issue. ~ ° ~ 6. This Agreem ~'r~ns ~ e tide greement between the parties with respect to the subject tt~r~ereq~ai~ rsedes aIl prior verbal or written agreements between the parties ereto. This Agreement may only be amended by writtcn documeat, property authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. Iri the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St_ Lucie County, Florida, for -2- r_] EXHIBIT "A" RESERVED CREDIT ALI.OCATIOF Dual Credits Reaervstion Fie Remalnina Coat Total Cost 1-0 $21,900.00 $65,700.00 $87,600.00 ti~~ IR~1V ~ O ~ o ~ ~ ° ~ z ~ N ~ o W ~ c ~ ~ w ~ O Q ~y b d3Q ~ Day Florida Exotic Pest Plant Council's 2007 List of Invasive Plant Species ~ • Purpose of the List: To foc>LS attention an - _ ? the adverse effects exotic pest plants have on Florida's biodiversity and plant communities, ' ~ t' ~ ~ ~ t • ? the habitat losses from exotic pest plant infestations, ' ~ ' ~ ~ ? the impacts on endangered species via habitat loss and alteration, - - ' ' ' ' ' /the need to prevent habitat losses through pest-plant management, t . ~ . ? the srxio-economic impacts of these plants {e.g ,increased Wildfires in certain areas), ~•t ~ t. ? changes in the seriousness of different pest plants over time, / the need to provide information that helps managers sec priorities [or control programs.. ~ ' ' ' 11 CATEGORY I - Invuist exotics that ate altering native plant communities by displacing native species, changing community strucwres or ecological functiotu, or hybridung with natisv_s. This definition lots not rety on thz economic uvzrity or geographic range ' ' of the problem, but on dte don+mertted ccalogi.al lamagc caused. ~ t FLEPPC Gav. Reg. ~ ~ • ~ .Scientific Name Common Name Cat. List Dist. • ~ Abrus precatorius rosary pea [ N C, 5 Acacia auriculifmmis earleaf acacia 1 C, S ' ' t Albi~in julibrissin mimosa. silk tree 1 N, C ~ t t t t ' Aibizia lebbech wora~n's tongue I C, S ~ ~ ' ~ Ardisia crrnota croral ardisia I N, C, S (=A. crenuiatn misapplied) ~ ° i 1 1 Arduia cliiptica shoeburron ardisia t N C, 5 (=A. humitis misapplied) Aiprtrrtgus ac[hiopicus (.A. sprengcri; asparagus-icrn 1 N, C, 5 • ~ t t t A. derulflor+u misapplied) Bauhinia vnrlegata orchid tree 1 C, 5 1 • t . t ~ Bischnfin jmanica bishopwood l C S t Calopliyltum antilianum 5ants maria (names "mast 1 S (=C. casaba acid C. 'Alexandri:ut laure ' sed in ~'~}n t t t t ' ~ t inophylium misapplied) ~ 1•t. ~ ' - Casuanna cquiscttfolra Attstrahan rne, lxactCsh N N_, C, S Casuarina gfmrca suckers g A^^tt~ralia ine, gray shoo ~ P, t C, S , ~ Clnnamomum camphora cam or l1e! r- ~ ~ N, C, 5 ~ ~ t Colocasia esculrnta wil taro N v O U ~ ~ N, C, 5 Calubrina asiatita la eri~w( ~f~ N " ~ ~ ~ S 1 ' • t ' C11 N ~ p Cupnniopsis anncardioides ca rots~OOd ~ ,r ~ m N C, S ~ Dtoscorea alaw w W ~ ~ T N.~ N, C. S t Dioscoren bulbifern air otat~ k ~ ~ ~ ~ N, C, S ~ t . Eichhornia crassipcs wat r-ttfTin W ~ ~ ,1~ N, C, S t . t t W V Eugenia unijlora Surir. mChe{ry , . R ~ C, S Ficus microcarpa (f. nitirla and laurel fi ~ C, 5 F. rctusa var. nitida misapplied) i Nydrilla vcrticillam hydrilla ~ ~ A~jT 1 y ~ P, U ~ N, C, S t ' ~ ' Hygraphila polyspemta green hygro ~ 1~ O P, U N, C, S Hymrnachne amylaicauits West Indian marsh grass 1 C, S Intpc+-ata gdindrica (t cogon grass.. L N, U N, C, 5 - brasilicnsis misapplied) Ipomara aquatics wuterspinach I U C ~ jasminum dichatonwm Gold Coastjastnine I C, S ~ Jasmirwm f luminaue Brazilian jasnunc 1 C, S Lantana cantata Untana, shrub verlxna [ N, C, 5 Ligustntm lucidrun glossy privet 1 N, C ligtutrum sinense Chinese privet, hedge privet i N, C, S ~ ~ i ` ; ; FLEPPC 2007 List of trrvasive Plant Species -Fall 2001 D FLEPPC Gov Rcg. Scientific Name Common Name Cad Lut -Dist. 1 1 Lonircra jrtp,miw Japanesz honzywckle I C. S ~ ~ Ludwigia peruviana Pecunan pnrrunsevvilJmc 1 N, C, S , , • Lygodium japonicum Japanese ciirnbing (ern 1 N N. C, S . t t • ~ . • ~ ~ Lrgodium microphyl(unt Old ~`,brld climbing (ern i ~ C. S \tacJndvcna unguis-cnti cat's clav~ vine I N, C, S r ~ ~ • Jdnnilkara rapota sapodilla I S ~ blclakuca quinqumcrvia melaleuca, paper bark I P, N, U C, S ~ ~ t r. b[imosa pigta catches mimosa ! P, N, U C, S t r Nandinn domcstica nartdina, heavenly bamboo E N, C ~ t r Neyhralrpis cotdifolia sword (em 1 ih, C, S ~ ~ i\'ephmlcpu multif(ora Asian sword (ern 1 C, S t ~ ~ .t. ieyrnudiu rry~naudfana Burrru reed, cane grass 1 N S ~ ~ s t Poedcriu cruddnsianu sewn vinz, onion vine I N 5 Pacdma foetida skunk vine L N N, C, 5 ~ • t. ~ . ~ , . ~ r Panicum rrprns torpedo grass I N, C. 5 • ~ ~ • ~ Penniseuua purpureum Napirr grass I N, C, S ~ , ~ ~ . ~ Pistia stratiotcs vvaterizttucc I P N, C, S . t t , ~ Psidium catddanum (=P. litmrak) strawberry guavd I C. S t t~, r r~• r ~ ~ Psidium guajava guava 1 C S a : 1 1 Purraria montana var. lobata (-P lobuia) kudzu f N N, C, S • t , • . ~ ~ ~ Rhodomyrua tomattosa downy rose-myrtle I N C, S ~ ~ ~ , Rhynchelytrnm itptns Natnl grass 1 N, C, S (=6fdinis ripens) ~ r ~ ~ Ruelha twrediana _ IDtexican petunia - 1 N, C,S t o s~ r r ~ r-~ R bnttoniata , R cocrulca) • r r • t Snpimn xbijerum (=Tria,Gca sebifera) popcorn tree, Chine e tallow tree 1 N N, C, S • ~ • s t Scanoia taccada scaevola, half-flovvec, beach naupaki l N `C; S • ! ' r (=Scncvuln scricca, S. jtwrscros) Schefjlrra rtctinopltyllu sche(Oera, Queensland umbrella tree L C, S ' ' ' r ' t (=Brnssnia actinophyll - a ~ ~ • ~ r Schinus tercbi tf~y~~ v I R Ota_n PPer t P N N, C, 5 1 , c - Srnna pn ula var. rata t b~jtgc u, Christmas cassia, 1 C, 5 a\bv O fIAY>n (=Cuss c utcoidcs is s n r. r, , Sol u ~pi uc (=5. ho stotu we n~g}its}ta ,aquatic soda apple I N, U C, S r r ~ anum via p tto s a le I N, U N, C, S r • ~ t a fi ~ . _ •r ~ r s yn oni pod~iyll ~ an~ ~ ,mot 1 N, C S r • • s t - r r y+Zy~~R..t''u ctunl~ ~N~ ja h m, Jl ava lum 1 - C 5 r r •r • Tcyatrta cisa ~ w N inch Q~lbe [em I S • t~ip~s populn~ ' o sc3v21 h e b f C, S r ~ ~ ra an o1lur~cns~ ~ w)r~ 'i1+ d~td ringjew f N, C t o s r~ ochlo m ca ~ hi P Q l C, S • ra iatia alien) Q T r t r a ,rr(! L , . b d Invasive exou tha~ e~ttcr , tn®uAda u r (requenc}• but have not yet altered Florida plans communities to the • ~ r • s t extent shown by • I spe~ihts tits may beconu ranked Caregory 1, if ecological dnntage is demonshated .r~ ~ r t r ~r• a ~ FLEPPC Gov. Reg Scientific Name. Common Name Cat List Dist r a r • Adewnthera pavwtina red sandalwood ll S •t Agave sisalana sisal hemp ll C 5 .~•t t Alcuritcs fordii (=Vernicia fordii) lung oil tree II N, C r ~ r Alstonia manvphylla devil tree Il S ~ r •~t Alternnnlhna philoxerotda alligator weed tI P N, C, S Mtiganon kptoptu ' coral vine' LI N, C, S . Aristolochla liltoralis calico flower It N, C; S iJ ~ FLEPPC 200) list d Invasive Plant Species -fail 2007 W ~ ~ ~ i Pl-EPPC Gov. Reg. Scientific Name Common Name Cat, list Dist. 1 1 Asystttsin gnngctica Ganges primrose ll C, S Btgonia cucallara watt begonia tl N. C, S ' ~ Blechum pyramidatum green shrimp plant, Bcownesbleshum I1 N, C, S , Broussondia papyrifera paper rnulbtrry 11 C, 5 . ~ , • ~ , ' , t Caliisia frngrans inch plant, spironcma [l C, S ~ Casuarina cunninghrtmimm river sheoak, Australian-pine I[ P C. S ~ ~ ~ c Cecropia palmata trumpet tree I! 5 c ~ ~ Crstrum diurnum dayjrssamine 11 C, 5 r ~ ~ Chamacdona scifriZii bamboo palm 11 5 ~ , c Clanatis tcrniflora Japanese clematis II N, C ~ , ~ Cryptostegia madagascariensis ntbbrs vine ll C, S ~ e • e t , ~ • e . Cyprrus insroluu'aita umbrella plant it C; S c ~ r . (C. altentifoiitu misapplied) ~ ~ t• Crpcrus prolifcr dwarf papyrus 11 C, S _ • ~ ~ , Daibrrgia sissoo Indian rosewood, sissoo R C, 5 . ~ Elaeugnus pungens silvenhorn, thorny olivt lI N, C , ~ r', Epiprcmmnn pimraturn h% Auccum pothos I1 C, S r- , Ficus nltissima lake banyan, council tree (I S 1.,• , 1 Fiacaur2ia indica governor's plum 11 S , , , . Hunarthria atdssima limpo bRass 11 C, S ~ ~ Hibiscus tiiiaceus (=Tttlipariti tiliacoun) mahoe, sea hibiscus Il C, S ~ • ~ ~ c tpomoea ftstulrna shrub rooming-glary 11 P C, S ~ , , , . (=I. carnca ssp. fisiulosal ~ _ t • Jasminum sambas Arabian jasmine Il 5 • , i• Kulunchoe pin,tata life plant Il C, 5 . •~~•t , Kodrruteria degans asp (lamegold tree ll C, S Jormusana (=K. fonnosana; K. paniculuta misapplied),. • , , , , Leucacna Iei+cocephala lead tree II N N, C, 5 , . 1 • ~ ~ • , , Limnophila sessitiflora Asian marshwerd Il k; U N, C. S „ t l.ivistom chinensis 'Chinese fan,pal V. ,I R '0 l ` C, 5 l~ ~ ~ t t btclia azcdarach ~Chinabcrry ~ ' 1']I~] _ _ y. C, S ~J c , Mclinis minuttflora Mola r~ 1 ~ C,5 r , ~ Mcrrrntin tuberosa stood os~ ~ ~ S , is c~ hfurrayapttniculata ora e-jesstm e`~ v ~ ~ ~ S c ,r ~w?ff P~, N, C, S t c . Aiyriophylhcm splcancm Lu z4enwa t1 ~ ~ ~ , ~ • , Nymphoidcs cristnta s svllake - AC1 . cV~7 ~ O C. 5 ~ , ~ . Panicunt maximum Gin -a~ra_ ~ y N ~ N, C, S c • • ~ ~ c . Passiflora biflora is 1 ere passi cine7 ~ ~ S , ~ , , , t Ptnnixtum srtac~um grr ~t gnu ~ 'Q9 .~L", 5 e ~ • ~ , Photnix reclinata Sen ~ pa i W °j ~ O C, S ~ t ~ . , ~ • ~ A Phyliostarhys nuren golden C7 ~ N, C , , Piuosporum prntandrum PhiGppin iu~~,rjum, nex e e 11 S , . ~ , r - r Ptais viltnta _ Chinese beak errK ~ ,~L . N. C• S c c s r , Ptychospnma clegans sefitaire paten- - ~ O 1 S e e t t Rhuco spathacca (xe Tradacantia spmhacea; ~ r ~ ' ' ~ Ricinus iommm~is castor bcari ` .II N,.C, S ~ ~ ~ Ro[ata ro+undifolio roundleal toothcup, dwarf Rotala, 11 5 , , e , , Sansevieria hyacinthoids bowstring hemp Il C, S Selma lncustris R'right's nuttush LI C, 5 Salwnia punicea purple sesban, raulebox Il N C 5 Solanum diphylhtm two-lea(nightshade iI N, C, 5 Solarwm jamnicense Jamaica nightshade 11 C Solanum tmwm susumber, turkey berry II N, U N, C, 5 nD~ n ~ . Ull Lri] ~ IJ FLfPPC 2007 Ust of Invasive Plant 50ecies -fall 2007 r FLEPPC Gov. Reg. 1 Sdentific Namc Common Namc Cat_ List Dist. a ~ Sphagneticoln triiobnta wedelia ll C, S (=Wcdciia trilobata) Stachytarphuu cayntnnuis nettle-leaf pocttrweed ll S + + + Syagrus mmmtzoffiann queen palm II C. S + ~ , , ~ (=An:casnum romrm,offitntum) • + ~ SyTygiumjantbos rosy-apple Il C, S • Tcnninalia catuppu vopical-almond [t C, S •r ~ ~ .~r Ierntlnalia ntudkri Australian-almond Il C, 5 + ~ r Tradtscantiu spathaccu oyster plant 11 S + ~ + [ ~ (=Rhoeo spruhacea, Rhoco discolor) + ' + ' ' ~ Tribulus cistoides puncture vine, burr-aut 1! N, C, S + + + • + [ • Urznn lobate Gnesar'; weed ll N. C, 5 ' + + t Vita tnfolin simple-leaf rhlste tree li C, S ~ . t • ~ lLiahingtonin robunn Washington fan palm Il C, S • + + • , Wedelia (see Sphngneticula above) , • , , , . + , Wattria sinensis Chinese wisteria II N. C t • + . , , Xanthosmnn sagutifofium malanga, elephan[ ear l l A'. C. S + + + t + Citation example: + FLEPPC- 2001. List of Florida's Lnvasive Plant Species. Florida Erotic Pest Plant Council. [ntirner. http/hvwwlleppc. org/O71i;t.hrm or tLiidlund Weeds dol. l0(4), Fall 2007. i + •r The 2007 list w^us prepared by the FLEPPC Plain List Cotnmiuee: II + + ' Keith A. Bradley -Chair (2006-present), the liutiture for Regional Conservation. 22601 S.W. 152°' Aye., Miami, FL 33170 ~ Kathy Craddock Burks -Clair (2001-201)0) Naocy Craft Coile, Botanist Emcrita. Division of Plant [ndustry,. Florida Dcpartrncnt o[ Agriculture and Consumer Services, 22804 y.W County Road 2051, Alachua, FL 326li Janice A Duqucsncl, Florida Park Service, Florida Department of Emiromnen[al Pmtccuon, PO. Ik>x 1052, Lslamorada, FL 33036 David W Hall, Private Consuking Botanist, 3666 N. W: 13' Place, Cnines2lle, FL 32605 1 ' + Roger L. Hammer, Miami-wade Parks Department, Castelluw Hammock Nature Center, 22}01 S.~iT 162`d Avt., Miami, FL 33030 Patricia L. Howctl. Broward Counry Parks, Environmental Sccnon, 950 NW 38m Suttt, Oakland Park, FL 3331)9 + ' + + ~ ~ + Colette C. Jacopo, U. 5. Gcolo '©I Survey, Center for Aquatic Rcuurces Studits. 7920 NW 71st Street, Gainesville, FL 32653 + + t ' + ~ Kenneth A. Lauge n~~ter~~forTA acetic an vasis'c P1anu,1F.~1S, Unis'crsiry of Florida, 7922 N.W 71st St, GalnemUe, FL 32606 Chris Lockh F? rit>~att<tal Ir~it®,t O. Bvx 24116, Boy~tan Beach, FL 33424-3116 Gil Nel ,Gil ^1~s6nA - onalrh s rna;r~lle, GA 31792. , , Robe W. embers masive Pla u Recta La~lDe : of Agricuturc, 3225 Cullege Avc., Et. Lauderdale, FL 33312 + . t t 1' . + 1 1 t L~$~) dit, r lade> Nat pal rk, 40 1 Sta Rded,~3 Homestead, FL 33034 + t ' t • • A cn 7J. 5' 81122 5. lU2 t venue GaA~ ; CL 3~~260 -7816 , . , , r , • , ands M. ar, an, r~h ry Fe er serration gram, Alachua County Em~runrnentat Prurecnon Dept., O~E 2 Aee Suit~20 , ~1, sville, on ~0 ~ + Daniel B War part~nt f&1 ny, Uni rsi f ~n a, 220 tram Hall, Cnincsvilk, FL 326II t r t .r•+ •'7 ~ ct Rlt9urd . Wuodti''atin, lA~ti te~ ysten 'c of Biolo cal Scirnca, University of South florida, Tampa, FL 37620 ' . , t + FLSEPPC Datalx~ - ~ F ocjgi Exotic est 1?~ ~ zb~o tairu over 6,000 sight records oI in(estatiotts of FLEPPC r ~ + ~ ~ a ~ ' + t~ and {1~~legory Il i in Flo da~ ds^^/anVd tots. 360 species ate recorded, Nearly all of the rrrords t + • + a r lq 1, state, and I cd~l rks ~}d preserv ;attar re ords document in[estauoru in regularly disturbed public , + + , + Ian s 5uc~as hway o.LVnlity his- `(~-way' urai~ea anagea and other veteran observers of Florida's natural lap pY; spbmt ,eu Ftcords, th man poft~ fu rr by voucher specimens housed in lon( or tegiorul hrr- ~ t ' baria fo utE'rc^~cren c i 1 ut l u led obstn•adons can be submitted online at wxlv.IIeppcorg/ • t + [ EDDMap i31{~ along t t ~r p~Anr- to resources such as the Universiry of South Florida Atlas of Florida , Vascular Plants snv~antada~L~, t orida Nuurrl Areas Inventory database at www.Inai.org, and The Institute for Regional Co rtstic Inventory o(Suuth Florida daubase at www.regionakonservation.otg, protldcs important basic supporting information for the FLEPPC [-ist o[ Invasive Plant Species. Images o(FLEPPC-listed species may be found at one or more of the following wrbsites: Urticersity of South Florida Atlas oC Florida Vascular ['lams, www.plantadas.tufedu; the'lntmduced Species° pt+ge on the University of Florida Herbarium website, www.llmnh.ufl.edu/herbarium/caddigitalimagirtgprojects.htm; at Fairchild Tropical Crtrden's Virtual Herbarium, w~s•w.eittualherbarium.org/vltponaLhtml, The Robett K. God[rey Herbaritun at.FSU, httpl/herbarittm:bio. tsu.ed~ndex.php; and a the Unne[siry• of Ftondn's Center for Aquatic and Invasive Plants, lutp://plants.ifas.ufl.cdu. P Please note that greater wccezs and accuracy in searching for plain images Is hkely if you srarctt by scientific came rather ~1 than a common name- Common names o[ten vary in cultivauon and across regions. Fot additiotul information on plants v included in this list, see related links and pages at www.Ileppc.org. G' 6 1 1 1 1 ~ Q FLEPPC 2007 List of Invasive Plant Species -Fall 2007 ~ ~ J CONSERVATIOr EASEMENT THIS CONSERVATION EASEMENT is given this day of 20 , by Sunset Beach Investments, LLC, a Georgia Limited Liability Company, having an address at 1815 Satellite Boulevard, Suite 504, Duluth, Georgia, 30097 (Grantor) to the State of Florida Department of Environmental Protection (DEPARTMENT}, whose address is Department of Environmental Protection, Division of 900 Commonwealth Boulevard, Mail Station 130, Tallahassee, Florida 32399 ~t~(~~sed.j$e~ein, he terra Grantor shall include any and all heirs, successors or assigns . tl~, r _ 1 sus q ent owners of the Froperry (as hereinafter defined) and the term shal~.inc successor or assignee of the DEPARTMENT. O ~ ~ ~ I ES ~ I~' ~ fy N to O' ~~p ^ WHEREAS, the Grant r i t a°s wn f stj~ple o~ze ain lands situated in St. Lucie County, Florida, mores cic ~ ~s ribe E~i ~ ttach d hereto and incorporated herein (Property); ~ R~ ° O WHEREAS, the Grantor des es~~orn - o~,resid tial development (Project) at a site in St. Lucie County, which is-sub t`ttS f~e~t>~y, j ~sdiction of the Department under Part IV of Chapter 373 of the Florida Statute , WHEREAS, Department Permit No. 56-0264272-001 (Permit) authorizes certain activities which affect waters in or of the State of Florida; WHEREAS, this Permit requires that the Grantor preserve, enhance, restore or mitigate for impacts to wetlands, other surface waters, or uplands under the Department's jurisdiction; and WHEREAS, pursuant to Section 373.414(1)(b), F.S., the DEPARTMENT agrees to accept this conservation easement and the Grantor agrees to grant this conservation easement as a condition of the Permit issued by the Department to offset or prevent adverse impacts to water quality and natural resources, such as fish, wildlife, and wetland or other surface water func'_:.:,. Specifically, this conservation easement is intended to: 1. Offset impacts to wetlands and other surface waters; 2. Prevent cumulative impacts; 3. Prevent secondary impacts to the functions provided to fish, wildlife, and listed species_by wetlands, other surface waters, and uplands; 4. Protect a mitigation area; NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby voluntarily grants and conveys a perpetual conservation easement, as defined in Section 704.06, Florida Statutes, for and in favor of the DEPARTMENT upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. ~ The scope, nature and character of this conservation easement shall be as follows: 1. P ose. The purpose of this conservation easement is to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland or upland areas included in the conservation easement that are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. 2. Ri hts of the DEPARTMENT ~(L)ai$~ ou~tl}is urpose, the following rights are conveyed to the DEPARTMENT by isle A ~ .o a. The right to take a tib~ to~pr~e hand prote ~1~, vironmental value of the Property; ~ ~ ~ b. The right to pre en y`~ vi y o ~ s~ of~e P op~~frt that is inconsistent with the purpose of this conservatio ea~, e ~ ,~ri to A r~he~sto ati,~ f areas or features of the Property that may be damaged as~y ~si ent ~i it~or~e; ~ _o c. The right to enter pQ~ i spe t t e Pro rty~~ reasonable manner and at reasonable times, including the righ to~se ~neces ry equipment to determine if Grantor or its successors and assigns c~ip~i~~w~h~e co nants and prohibitions contained in this conservation easement; and d. The right to enforce this conservation easement by injunction or proceed at law or in equity to enforce the provisions of this conservation easement and the covenants set forth herein, to prevent the. occurrence of any of the prohibited activities hereinafter set forth, and the right to require Grantor to restore such areas or features of the Property that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this conservation easement is prohibited. Without limiting the foregoing, the following activities and uses are expressly prohibited, except for restoration, creation, enhancement, maintenance, and monitoring activities authorized by the Permit: a. Construction or placing of structures on, above, or below the ground, including but not limited to: buildings, roads, docks, piers, boardwalks, billboards or other advertising; utilities; signs (other than those marking the conservation easement), or other structures not associated with the maintenance and operation of the mosquito control impoundments by the St. Lucie County Mosquito Control District. b. Dumping or placing of soil or other substance or material as land fill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except nuisance, invasive, exotic, or nonnative species upon prior written approval by the DEPARTMENT; ~G~ ~ Q i d. Planting or seeding of exotic or nuisance species or other plants that are outside their natural range or zone of dispersal and have or are able to form self-sustaining, expanding, and free-living populations in a natural community with which they have not previously associated; e. Exploration for or extraction of oii or gas, and excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; f. Surface use except for purpo ~ the land or water area to remain in its natural condition; ~O N D FA G ~ .q g. Activities detrime ~ ~ ai~g flo~.d fYp~, ater conservation, erosion i control, soil conservation, or fi il;~if~ha preserv ~ol~in luding, but not limited to, f ditching, diking, dredging, and r~c n ;o a ~ ~ ~ ~ C 'Y~' h. Acts or uses de imen al~ uc of er~iort°cd re n~o and maintenance of land ~ or water areas; a ~ ~ N ~ ~ .y i. Acts or uses detr er~Ia t h pre ation ~t ctural integrity or physical ! appearance of sites, or prope es,~o i tori 1, archi tint, archaeological, or cultural significance;.and ~ 3 ~o n~ j. The use of All-Terrain Ve an those used for land management activities 4. Reserved Rights. Grantor reserves to itself, its successors or assigns all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein, . which are not inconsistent with any Department rule, criteria, permit, and the intent and purposes of this conservation easement. The following resource based recreational uses are not contrary to the purposes of this conservation easement upon prior written approval by the Department. a. Maintenance and operation of the mosquito impoundments by the St. Lucie County Mosquito Control District. b. Installation of fences for land management or habitat protection purposes. c. Removal or extermination of nuisance or exotic animal species. d. Installation of signs for land management or for habitat protection purposes. e_ Dune construction, planting, monitoring, and maintenance in accordance with the FDEP Coastal Construction Line Permit N0. SL-233. 5. Public Access. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 6. Responsibilities of Parties. Grantor on behalf of itself and its successors or assigns hereby agrees to bear all costs and liabilities related to the operation, upkeep, or maintenance of the Property and Grantor does hereby indemnify and hold harmless the DEPARTMENT from same. In addition, the DEPARTMENT and its successors or assigns shall have no responsibility for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 7. Taxes. Grantor, its successors or assigns, shall pay before delinquency any and all taxes, assessments, fees, and charges of whatever description levied on or assessed by competent authority on the Properly, and shall furnish the DEPARTMENT with satisfactory evidence of payment upon request. 8. Liability. Grantor, its successors or assigns, will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from ownership of the Property by the Grantor, its assigns. Neither Grantor, its successors or assigns, nor any person or entity clai ~n ~~ol~hro>~h for its successors or assigns, shall hold the DEPARTMENT liable for ~~a per nor personal property which may occur on the Property. F re e Gr tor,~rts c`9ce~o or assigns shall indemnify and hold harmless the DEPAR fer a~ li ~lity; any i ur,~, damage to the person or property of third parties which a~ c ~ ~ e Pr ~ y~~ ~ ~ ~ ~ ~ 9. Hazardous Waste. Gr for c v`~ is and ~ si6nts~hat o does substance or toxic waste exists nor has been gen rated, t>g ~ , for ~ sed, dos d o , r deposited in or on the Property, and that there are n t n der ~ ~ st get s located on the Property. Grantor, its successors or assign pfd mni t e~Dl v- T for any and all liability arising from any subsequent place ~>~or ~s ve o hazar user t rc material on the property. In the event such material is discove ed~rr~? ~ s rs or signs, shall be responsible for I, the removal of the materials following orfi~n~o$ ~n~v~~n proval of the DEPARTMENT. 10. Enforcement Discretion. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of the DEPARTMENT, and any forbearance on behalf of the DEPARTMENT to exercise its rights hereunder in the event of any breach by Grantor, shall not be deemed or construed to be a waiver of the DEPARTMENT' S rights. 11. Venue and Enforcement Costs. Venue to enforce the -terms of this conservation easement shall be in Leon County, Florida. If the DEPARTMENT prevails in an enforcement action, it shall be entitled to recover costs, including expert witness fees, as well as the reasonable cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of the conservation easement or to the vegetative and hydrologic condition required by the aforementioned Permit. These remedies are in addition to any other remedy, fine or penalty which maybe applicable under Chapters 373 and 403, Florida Statutes. 12. ~Assi~nment of Rights. The DEPARTMENT agrees to hold this conservation easement exclusively for conservation purposes and that it will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under applicable state laws. 13. Recording in Land Records. Grantor agrees to record this conservation easement and any amendments hereto in a timely fashion in the Official Records of St. Lucie County, Florida. Grantor shall pay all recording costs and taxes necessary to record this conservation easement in the public records. I4. Successors. The covenants, terms, conditions and restrictions of this conservation easement shall be binding upon, and inure to the benefit of the parties heret d their respective ~~Q~~ personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. I5. Notices. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 16. Subsequent Deeds. Grantor shall ~ and restrictions of this conservation easement in any subsequent deed or o r~~ i~trur>~n~ hick Grantor divests itself of any interest in the Property. Grantor fu erg e ~ ~ e to the DEPARTMENT of the transfer of any interest at least ~ ys ri r to.~he t~,~f ch transfer. The failure of Grantor to perform any act r ~u-e ~.,th p graph sh ~mpair the validity of this conservation easement or limit t.~e f ~il ty i ~;p way.tn a cn x o ~ ~ ~ 17. Severability. If any p oasi n~ i con A t}~n ~sem nt~r the application thereof to any person or circumstances is~o n$ ~ e in i , ~he`~m n~e' f the provisions of this conservation easement shall n t ~ ~d ther a~,lon; las the p ose of the conservation easement is preserved. ~ ~ ° O l8. Alteration or Revocation. ~is~~~srre n}~nt m be amended, altered, released or revoked only by permit modificati as" n~e~~r}~ar~l w en agreement between the parties hereto or their heirs, assigns or successors-i ~ shall be filed in the public records in St. Lucie County. 19. Controlling Law. The interpretation and performance of this conservation easement shall be governed by the laws of the State of Florida. 20. Baseline Documentation Report. The specific conservation values of the property are documented in the Baseline Documentation Report associated with this conservation easement. The Baseline Documentation Report consists of reports, maps, photographs, and other documentation that the parties agree provide, collectively, an accurate representation of the property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Baseline Documentation Report is maintained in the offices of the Florida Department of Environmental Protection and is incorporated by this reference. A copy of the Baseline Documentation Report is available from the Department on request. TO HAVE AND TO HOLD unto the DEPARTMENT forever. The covenants, terms, conditions, restrictions and purpose -imposed with this conservation easement shall be binding upon Grantor, and shall cantinue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said DEPARTMENT that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. ~ IIV WITNESS WHEREOF, the Grantor has executed this Conservation Easement on the day and year first above written. i Signed, sealed and delivered SUNSET BEACH INVESTMENTS, LLC in our presence as witnesses: ®N Signature of Witness G~ ~r~ _ A w 9 ~ T~le: Printed/Typed Name ~ x a ~ M ~ ° c ~ ° ~ ~ Crf A ~ ~ z Signature of Witness a ~ ~ N ~d s, y d ~ ~ a ~ ~ o Printed/Typed Name ~ } ~ STATE OF FLORIDA COUNTY OF The foregoing instrument was aclrnowledged before me this day of , 20`, by as of the (corporation's name) He/she is personally known to me or has produced as identification. (SEAL) Notary Public Signature Printed/Typed Name of Notary Commission No. Commission Expires ~ Form #62-343.900(3). F.A.C. Form Title: Construction Commencement Notice Date: October 3. 1995 ENVIRONMENTAL RESOURCE PERMIT Construction Commencement Notice PROJECT: PHASE: I hereby notify the Department of Environmental Protection that the construction of the surface water management system authorized by Environmental Resource Permit No. has commenced / is expected to commence on 200_, and will require a duration of approximately months weeks days to complete. It is understood that should the construction term extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Construction. PLEASE NOTE: If the actual construction commencement date is not known, Department staff should be so notified in writing in order to satisfy permit conditions. Permittee or Title and Company Date Authorized Agent Phone Address Send to: For projects in Okeechobee, St. Lucie, Martin Counties: Eric Shea Florida DEP 1801 SE Hillmoor Drive, Suite C204 Port St. Lucie, FL 34952 Fax: 772/398-2815 Form # 62-343.900(41, F.A.C. Form Title: Annual Status Report Date: October 3. 1995 ENVIRONMENTAL RESOURCE PERNIIT ANNUAL STATUS REPORT FORM Send to: For projects in Palm Beach, Broward, Dade For projects in Okeechobee, St. Lucie, Martin Counties: Counties: Florida DEP Florida DEP Attn: Richard Stalker Attn: Eric Shea 400 N. Congress Ave., Suite 200 1801 SE Hillmoor Drive, Suite C204 West Palm Beach, FL 33401 Port St. Lucie, FL 34952 Fax: 561/681-6780 Fax: 772/398-2815 Permit No. County: Project Name: Phase: The following activity has occurred at the above referenced project during the past year, between June 1, 200_ and May 30, 200_. Permit Condition / % o[ Completion Date of anticipated Date of Activity Completion Completion (Use Additional Sheets As Necessary) Benchmark Description (one per major control structure): Print Name Phone Permittee's or Authorized Title and Company Date Agent's Signature This form shall be submitted to the above referenced Department Office during June of each year for activities whose duration of construction exceeds one year. Form #62-3d3.900f51. F..a.C. Form Title: As-Built Certificatloo by a Rteistercd Protessioaal Date: October 3,1995 ENVIRONMENTAL RESOURCE PERMIT AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL Permit Number: Project Name: I hereby certify that all components of this surface water management system have been built substantially in accordance with the approved plans and specifications and are ready for inspection. Any substantial deviations (noted below) from the approved plans and specifications will not prevent the system from functioning as designed when properly maintained and operated. These determinations are based upon on-site observation of the system conducted by me or by my designee under my duect supervision and/or my review of as-built plans certified by a registered professional or other appropriate individual as authorized by law. Name (please print) Signature of Professional Company Name Florida Registration Number Company Address Date City, State, Zip Code Telephone Number (Affix Seal) Substantial deviations from the approved plans and specifications: (Note: attach two copies of as-built plans when there are substantial deviations) Within 30 days of completion of the system, submit two copies of the form to: For projects in Palm Beach, Broward, Dade For projects in Okeechobee, St. Lucie, Martin Counties: Counties: Florida DEP Florida DEP Attn: Richard Stalker Attn: Eric Shea 400 N. Congress Ave., Suite 200 1801 SE Hiiimoor Drive, Suite C204 West Palm Beach,l{L 33401 Port St. Lucie, FL 34952 Fax: 551/681-6780 Fag: 772/398-2815 Form # 62-343.900(6). F.A.C. Form Title: Inspection Certification Date: October 3. 1995 ENVIRONMENTAL RESOURCE PERMIT INSPECTION CERTIFICATION Permit Number: Project Name: Inspection Date(s): inspection Results: (check one) I hearby certify that 1 or my designee under my duect supervision have inspected the system at the above referenced project and that the system appears to be functioning in accordance with the requirements of the permit and Chapter 373 F.S. (as applicable). The following necessary maintenance was conducted: I hearby certify that I or my designee under my dvect supervision has inspected the system at the above referenced project and that the system does not appear to be functioning in accordance with the requirements of the permit and Chapter 373 F.S. (as applicable). I have informed the operation and maintenance entity of the following: (a) that the system does not appear to be functioning properly, (b) that maintenance is required to bring the system into compliance, and (c) if maintenance measures are not adequate to bring the system into compliance, the system may have to be replaced or an alternative design constructed subsequent to Department approval. Name (please print) Signature of Professional Engineer Company Name Florida Registration Number Company Address Date City, State, Zip Code Telephone Number (Affix Seal) Within 30 days of completion of the inspection, submit two copies of this form to the following Department Office: For projects in Paim Beach, Broward, Dade For projects in Okeechobee, St. Lucie, Martin Counties: Counties: Florida DEP Florida DEP Attn: Richard Stalker Attn: Eric Shea 400 N. Congress Ave., Suite 200 1801 SE Hillmoor Drive, Suite C204 West Palm Beach, FL 33401 Port St. Lucie, FL 34952 Faz: 561/681-6780 Fax: 772/398-2815 Form #62-343.900(71. F.A.C. Form THIe: Recuest for Transfer to Operation Phase REQUEST FOR TRAI~ISFER OF Date: October 3.1995 ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION PHASE TO OPERATION PHASE Send to: For projects in Okeechobee, St. Lucie, Martin Counties: Florida DEP Attn: Eric Shea 1801 SE Hillmoor Drive, Suite C204 Port St. Lucie, FL 34952 Fax: 772/398-2815 It is requested that Department Permit No. authorizing the construction and operation of a surface water management system for the below mentioned project be transferred from the construction phase permittee to the operation phase operating entity. PROJECT: FROM: Name: Address: City; State: Zipcode: TO: Name: Address: City: State: Zipcode: The surface water management facilities are heaeby accepted for operation and maintenance in accordance with the engineers certification and as outlined in the restrictive covenants and articles of incorporation for the operating entity. Enclosed is a copy of the document transferring title of the operating entity for the common areas on which the surface water management system is located. Note that if the operating entity has not been previously approved, the applicant should contact the Department staff prior to filing for a permit transfer. The undersigned hereby agrees that all terms and conditions of the permit and subsequent modifications, if any, have been reviewed, are understood and are hereby accepted. Any proposed modifications shall be applied for and obtained prior to such modification. Operating Entity Name Title Telephone Enclosure: Copy of recorded transfer of title surface water management system Copy of plat(s) Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation Fo~~ 62.33.900 (8) A licahon for Tansfu of ERP Ptxmd EflcUivc Date: 8-1-0-96 APPLICATION FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT AND NOTIFICATION OF SALE OF A FACILITY OR SURFACE WATER MANAGEMENT SYSTEM Permit No. Date Issued Date Expires FROM (Name of Current Permit Holder) Mailing Address Citv State Zip Code Telephone: O Identification or Name of Facility/Surface Water Management System: Phase of Facility/Surface Water Management System (if applicable): The undersigned hereby notifies the Department of the sale or legal transfer of this facility, or surface-water management system, and further agrees to assign all rights and obligations as permittee to the applicant in the event the Department agrees to the transfer of permit. Signature of the current permittee Title (if any): Date: TO (Name of Proposed Permit Transferee): Mailing Address City State Zip Code Telephone• The undersigned hereby notifies the Department of having acquired the title to this facility, or surface-water management system. The undersigned also states he or she has examined the application and documents submitted by the current permittee, the basis of which the permit was issued by the Department, and states they accurately and completely describe the permitted activity or project. The undersigned further attests to being familiar with the permit, agrees to comply with its terms and with its conditions, and agrees to assume the rights and liabilities contained in the permit. The undersigned also agrees to promptly notify the Department of any future changes in ownership of, or responsibility for, the permitted activity or project. Signature of the applicant (Transferee): Title (if any): Date: Project Engineer Name (if applicable) Mailing Address City State Zip Code Telephone: NOTE: THIS AUTHORIZATION ~~e~~tl DEPARTMENT OF EN RONMENTAL PROTECTION IS DIFFERENT FROM THE >r Division of Water Resource Management ORIGINAL REQUEST. SEE ° Bureau of Beaches and Coastal Systems r ~ 3900 Commonwealth Blvd. -Mail Station 300 SPECIAL PERMIT CONDITIONS. = FL A Tallahassee, Florida 32399-3000 o (8501488-7708 PERMIT NUMBER: SL-233 PERMITTEE Sunset Beach hivestments, LLC c/o Michael E. Kiefer, Jr. Kimley-Horn & Associates, Inc. 10521 South West Village Center Drive, Suite 103 Port St. Lucie, Florida 34987 PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.OS3, FLORIDA STATUTES FINAL ORDER FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was filed by the applicanUpermittee named herein on May 3, 2006, and was determined to be complete pursuant to rule on Apri19, 2008. However, on July 8, 2008, and subsequent dates, the applicant waived the 90-day time limit imposed on the Department for processing completed applications pursuant to Chapter 120, Florida Statutes, until July 18, 2008. The proposed project is to be located landward of the 30-year erosion projection. There is no continuous and uniform line of construction in the project vicinity. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.OOS, Florida Administrative Code; and that it is an activity or type of construction which the Chief of the Bureau of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 100, effective September 27, 2002. Based on the foregoing considerations, the Bureau Chief approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.OS3(S), Florida Statutes. EXPIRATION DATE: LOCATION: Between approximately 3S4 feet north and 1,463 feet south of the Department of Environmental Protection's reference monument R-60, in St. Lucie County. Project address: Sunset Beach, South Hutchinson Island. PERMITTEE: Sunset Beach Investments, LLC PERMIT NUMBER: SL-233 , PAGE 2 PROJECT DESCRIPTION: Paved Access Road 1. Location relative to control line: Varying from approximately 46 feet to 60 feet seaward at the north and south ends, respectively. The cul-de-sac at the south end extends to a maximum distance of 75 feet seaward of the control line. 2. Exterior dimensions: 24 feet in the shore-normal direction by approximately 1,700 feet in the shore-parallel direction including a 100-foot diameter circular cul-de-sac on the south end. 3. Type of foundation: 1.5-inch thick Type-S asphalt over 8-inch limerock base and 12-inch compacted sub-grade. Swimming Pool (See Special Permit Conditions 2 and 3) 1. Location relative to control line: Approximately 8 feet seaward, with decking extending up to 18 feet seaward. 2. Exterior dimensions: Approximately 20 feet in the shore-normal direction by 40 feet in the shore-parallel direction. 3. Type of foundation: Pile. 4. Deck elevation of swimming pool: +8.6 feet (NAND). Restroom Facilities (See Special Permit Conditions 2 and 3) 1. Location relative to control line: Approximately 18 feet seawazd. 2. Exterior dimensions: Approximately 15 feet in the shore-normal direction by approximately 15 feet in the shore-pazallel direction. 3. Type of foundation: Slab on-grade. Dune Enhancement 1. Location relative to control line: Approximately 240 feet seaward for the northernmost portion and approximately 250 feet seaward for the southernmost portion of the project. The seawazd toe of the dune is to be located a minimum of 80 feet upland of the mean high water line. 2. Dimensions of dune: A maximum of 1,800 feet in the shore-parallel direction by a variable shore-normal width. Seaward side slopes aze to be a maximum 1:3 (1-foot vertical to 3 feet horizontal). Terminal ends are tapered to match existing grade at property lines. 3. Dune crest elevation: Approximately +13.5 feet (NAND). PERMITTEE: Sunset Beach Investments, LLC PERMIT NUMBER: SL-233 PAGE 4 10. A temporary equipment staging and material storage area of dimensions 70 feet in the shore- normal direction by 250 feet in the shore-parallel direction is to be located a maximum of 168 feet seaward of the control line. SPECIAL PERMIT CONDITIONS: 1. No work shall be conducted under this permit until the pennittee has received a written notice to proceed from the Department. 2. Prior to issuance of the notice to proceed, the permittee shall submit two copies of the following plans. These documents shall be signed and sealed by the design engineer or architect (as appropriate), who must be registered in the State of Florida. These plans and specifications shall be subject to approval from the staff of the Bureau of Beaches and Coastal Systems, and shall include or reflect the following: 2.1. Construction details, elevations and specifications for the swimming pool, pool deck, and restroom. 2.2. Revised final site and grading plans specifying location and volume in cubic yards of excavation for swimming pool and other structures. 2.3. Revised construction details depicting the dune walkover to be no greater than 6 feet in width with pilings no greater than 6-inch by 6-inch, and the walkover extending no further than 10 feet seaward of the vegetation. 3. Prior to issuance of the notice to proceed, the permittee shall submit an additional application processing fee of $2,000 for two non-habitable major structures (swimming pool and restroom) pursuant to Rule 62B-33.0085, F.A.C. 4. Prior to issuance of the notice of proceed, the permittee shall provide the Bureau of Beaches and Coastal Systems written evidence that a Development Order for the proposed Sunset Beach site plan authorized under this permit has been approved by St. Lucie County. 5. Prior to issuance of the notice to proceed, the permittee shall provide the Department with written evidence that a restrictive notice has been provided in the deed covenants and restrictions for the subject property and recorded with the Clerk of the Court for St. Lucie County. The restrictive notice shall establish a dune protection zone with a seaward limit at the seasonal high water line and a landward limit 25 feet east of the 1978 coastal construction setback line; provide that salt-tolerant vegetation indigenous to the site's beach dune and coastal strand plant communities shall be maintained in perpetuity and if damaged or destroyed by a storm event shall be restored to pre-storm conditions; provide that the location and configuration of the dune protection zone may be modified on request of the property owner and approval by the Department subsequent to significant changes in shoreline locations and conditions; and provide that such deed covenants and restrictions shall be enforceable by the Department of Environmental Protection. Prior to filing notice with the Clerk of the Court, the pennittee shall submit a draft of the required notice for review and acceptance by the Department's legal staff. PERMITTEE: Sunset Beach Investments, LLC PERMIT NUMBER: SL-233 , PAGE 3 4. Volume of imported fill to be placed: The placement of a maximum 12,000 total cubic yards of beach compatible sand. See Special Permit Conditions 11 and 12. Excavation/Fill (See Special Permit Conditions 2.2 and 11) 1. Total volume of excavation: Approximately 275 cubic yards for a dry retention pond. Volume of net excavation: None; excavated material to be placed as fill on the project site. 2. Location of excavation: From 0 feet to 21 feet seaward of the control line. 3. Maximum depth of excavation: To elevation +1.5 feet (NAND); 1.5 feet below existing grade. 4. Volume of fill to be placed: Approximately 11,000 cubic yazds for site grading, not including dune enhancement fill. 5. Location of fill to be placed: From 0 feet to 204 feet seaward of the control line. Other Structures/Activities 1. A sheet pile bulkhead/retaining wall extending approximately 700 feet in the shore-parallel direction shall be located landwazd of the paved access road. 2. A beach/dune walkover structure with a switchback 90 feet in the shore-parallel dimension. See Special Permit Conditions 2.3 and 14. 3. A sidewalk of dimensions 5 feet shore-normal by 1,700 feet shore-parallel is to be located a maximum of 54 feet seaward of the control line. 4. Stormwater management system consisting of conveyance devices, exfiltration trenches and Detention Pond 1, located a maximum of 40 feet to 60 feet seaward of the control line at the north and south ends, respectively. 5. Water and sanitary sewer utilities to be located within the paved access road rights-of--way. 6. An irrigation system is to be located a maximum of 250 feet seawazd of the control line. See Special Permit Condition 12.2. 7. Landscape plantings aze to be located approximately 168 feet seaward of the control line. 8. Dune enhancement plantings aze to be located a maximum of 254 feet seaward of the control line. See Special Permit Condition 12. 9. Exterior and landscape lighting. See Special Permit Condition 15. PERMITTEE: Sunset Beach Investments, LLC PERMIT NUMBER: SL-233 PAGE 5 6. Prior to issuance of the notice to proceed, the permittee shall provide written evidence that a public notice of the Department's action has been published for one day in the largest newspaper of general circulation in the county where the proposed project is located. A certification from the newspaper showing compliance shall be provided to the staff. The public notice must be published within 10 days of the date of issuance of this permit. 7. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Bureau of Beaches and Coastal Systems to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Mark Taynton, toll-free pager number 877/314-1329, to schedule a conference. 8. Construction activity authorized by this permit shall not commence until after the time period provided in the public notice and newspaper advertisement for the public to exercise any rights they may have under Chapter 120, Florida Statutes, has expired, or if a hearing is requested, disposition of the hearing request has been made. 9. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing vegetation located on the site and avoid interference with public beach access and nesting sea turtles. 10. No construction, operation, transportation or storage of equipment or materials, and no temporary lighting of the construction azea is authorized in marine turtle nesting habitat, seaward of the frontal dune crest or seaward line of vegetation, at any time during the marine turtle nesting season (March 1 through October 31). 11. The permittee shall comply with the Department approved Sand QA/QC plan dated May 2008: 11.1. All fill material placed seaward of the control line shall consist of sand that is similar to the native beach sand in both coloration and grain size and be free of construction debris, metal, vegetation, organic soils, rocks, clay, or other foreign matter. Three benchmark fill material samples, each approximately 3/4 pound of beach compatible sand submitted on March 6, 2008 from Stewart Mining Industries and approved by the Department for dune placement, shall be available for inspection and approval at the preconstruction conference and retained for permit compliance: one by the Department's field representative, one by the permit holder and one retained on site by the contractor. 11.2. Any single or cumulative placement of greater than 15 yards of material determined not to meet the benchmark beach sand sample quality shall be re-mediated. Upon discovery of such an occurrence, all fill placement shall cease and the incompatible material removed and disposed of in an upland site. The permit holder shall report all quantities PERMITTEE: Sunset Beach Investments, LLC PERMIT NUMBER: SL-233 PAGE 6 of incompatible material removed offthe project site and replace any unsuitable material with beach compatible sand. 12. Prior to completion of construction activity, the permittee shall have completed all dune restoration work in accordance with the following criteria: 12.1. Grades shall be set, beach compatible sand shall be placed and construction fences installed so as to avoid or minimize direct burial of significant stands of woody and perennial native beach dune vegetation that has re-established within the proposed dune enhancement area. 12.2. Within 180 days, a minimum 90 percent overall survival rate of the planting units will be established and 90 percent of the planted azea covered with the selected species. The permittee shall replant all deficient areas and maintain the plantings until the above success criterion are met and the project is complete. Irrigation systems and other structures shall be placed and operated to avoid sea turtle nesting habitat. Imgation systems installed within the azea of dune restoration shall be buried a minimum of 3 inches and shall be removed after approval of planting success by the Department. 12.3. The dune restoration area shall be protected from foot traffic or other encroachments. Signs, rope and bollazd bamers, or sand fencing will be constructed as found necessary and as required by the Department field representative to prevent trampling of vegetation and erosion of the dune feature. 12.4. All planting stock shall be derived from Atlantic Coast Florida plants. Northern sea oats (Chasmanthium latifolium), shall be replaced on the Dune Planting Plan Plant Schedule with sea oats f Uniola paniculata). 12.5. Prior to submitting the final certification, the permittee shall submit an as-built plan prepared and certified by a licensed landscape architect showing the completion of the dune restoration in accordance with the design specifications and conditions of the permit. 13. Landscaping shall be in accordance with the Department approved plan and the pennittee shall remove all invasive nuisance plant species from seaward of the control line, including but not limited to Australian pine (Casuarina spp.), Brazilian pepper (Schinus terebinthifolius), beach naupaka (Scaevola taccada), and others on the Florida Exotic Pest Plant Advisory Council List of Category I and II Invasive Species. Large specimen palms are not authorized seawazd of a major structure or decks. Plantings in other areas of the project site shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council's May 2003 List of Invasive Species Category I and II. PERMITTEE: Sunset Beach Investments, LLC PERMIT NiJMBER: SL-233 PAGE 7 14. The deck of the walkover structure shall maintain an elevation above existing grade, and the width of the structure shall not exceed 6 feet. The piles for the walkover structure shall not be greater than 6-inch by 6-inch posts and shall not be encased in concrete. The walkover shall extend at least up to the existing line of vegetation but not further than 10 feet seaward of the vegetation. The optimum siting of the walkover structure shall be determined by the staff representative during the preconstruction conference to provide maximum protection to the existing dune topography and vegetation located on the site. 15. All lighting shall be installed and maintained as depicted in the approved lighting schematic. No additional permanent exterior lighting is authorized. Approved plans are incorporated into this permit by reference. Done and ordered this day of 2008, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to 5120.52 Department of Environmental Protection Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Michael R. Barnett, P.E., Chief Deputy Clerk Date Bureau of Beaches and Coastal Systems Document prepared by. Kiinley-Hom and Associates, Inc. ~ Return recorded document to: k' Board of Tnrstees ~ - Department of Environmental Protection ~ ~ _ . , - - Division of State Lands 3900 Commonwealth Boulevard, Mail Station 130 Tallahassee, Florida 32399-3000 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this 30th day of November 2006, by Sunset Beach Investments, LLC, a Geortiia Limited Liability Company, having an address at 1815 Satellite Boulevard, Suite 504, Duluth, Georgia 30097 (Grantor) to the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (BOARD OF TRUSTEES), whose address is Department of Environmental Protection, Division of State Lands, 3900 Commonwealth Boulevard, Mail Station 130, Tallahassee, Florida 32399-3000 (Grantee). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the Property (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the sole owner in fee simple of certain lands situated in St. Lucie County, Florida, more specifically described in Exhibit A attached hereto and incorporated herein (Property); WHEREAS, the Grantor desires to construct Sunset Beach (Project) at a site in St. Lucie County, which is subject to the regulatory jurisdiction of the Department of Environmental Protection (Department) under Part IV of Chapter 373 of the Florida Statutes; WHEREAS, Department Permit No. 56-0264272-001 (Permit) authorizes certain activities which affect waters in or of the State of Florida; WHEREAS, this Permit requires that the Grantor preserve, enhance, restore or mitigate wetlands, other surface waters, or uplands under the Department's jurisdiction; and WHEREAS, Grantor grants this conservation easement as a condition of the Permit issued by Grantee to offset or prevent adverse impacts to water quality and natural resources, such as fish, wildlife, and wetland or other surface water functions. Specifically, this conservation easement is intended to offset impacts to wetlands and other surface waters; prevent cumulative impacts; prevent secondary impacts to the functions provided to fish, wildlife, and listed species by wetlands, other surface waters, and uplands; and protect a mitigation area. NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby voluntarily grants and conveys a perpetual conservation easement, as defined in Section 704.06, Florida Statutes, for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature and chazacter of this conservation easement shall be as follows: 1. Purpose. The purpose of this conservation easement is to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such azeas as suitable habitat for fish, plants or wildlife. Those wetland or upland azeas included in the conservation easement that are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. 2. Rights of Grantee. To carry out this purpose, the following rights aze conveyed to Grantee by this easement: a. The right to take action to preserve and protect the environmental value of the Property; b. The right to prevent any activity on or use of the Property that is inconsistent with the purpose of this conservation easement, and to require the restoration of areas or features of the Property that maybe damaged by any inconsistent activity or use; c. The right to enter upon and inspect the Property in a reasonable manner and at reasonable times, including the right to use vehicles and all necessary equipment to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this conservation easement; and d. The right to enforce this conservation easement by injunction or proceed at law or in equity to enforce the provisions of this conservation easement and the covenants set forth ,herein, to prevent the occurrence of any of the prohibited activities hereinafter set forth, and the right to require Grantor to restore such areas or features of the Property that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this conservation easement is prohibited. Without limiting the foregoing, the following activities and uses aze expressly prohibited, except for restoration, creation, enhancement, maintenance, and monitoring activities authorized by the Permit: a. Construction or placing of structures on, above, or below the ground, including but not limited to: buildings, roads, docks, piers, boardwalks, billboards or other advertising; utilities; signs (other than those marking the conservation easement), or other structures not associated with the maintenance and operation of the mosquito control impoundments by the St. Lucie County Mosquito Control District. b. Dumping or placing of soil or other substance or material as land fill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except nuisance, invasive, exotic, or nonnative species upon prior written approval by the Grantee; d. Planting or seeding of exotic or nuisance species or other plants that aze outside their natural range or zone of dispersal and have or are able to form self-sustaining, expanding, and free-living populations in a natural community with which they have not previously associated; e. Exploration for or extraction of oil or gas, and excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; f. Surface use except for purposes that permit the land or water area to remain in its natural condition; g. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing; h. Acts or uses detrimental to such aforementioned retention and maintenance of land or water areas; i. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites, or properties of historical, architectural, archaeological, or cultural significance; j. The use of All-Terrain Vehicles, other than those used for land management activities. 4. Reserved Rights. Grantor reserves to itself, its successors or assigns all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any Department rules, criteria, permit and the intent and purposes of this conservation easement. The following resource based recreational uses are not contrary to the purposes of this conservation easement upon prior written approval by the Grantee. a. Maintenance and operation of the mosquito impoundments by the St. Lucie County Mosquito Control District. b. Installation of fences for land management or habitat protection purposes. c. Removal or extermination of nuisance or exotic animal species. d. Installation of signs for land management or for habitat protection purposes. e. Dune construction, planting, monitoring and maintenance in accordance with the FDEP Coastal Construction Control Line Permit No. SL-233. 5. Public Access. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 6. Responsibilities of Parties. Grantor on behalf of itself and its successors or assigns hereby agrees to bear all costs and liabilities related to the operation, upkeep, or maintenance of the Property and Grantor does hereby indemnify and hold harmless the Grantee from same. In addition Grantee its successors or assigns, shall have no responsibility for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 7. Taxes. Grantor, its successors or assigns, shall pay before delinquency any and all taxes, assessments, fees, and charges of whatever description levied on or assessed by competent authority on the Property, and shall furnish Grantee with satisfactory evidence of payment upon request. 8. Liabili Grantor, its successors or assigns, will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from ownership of the Property by the Grantor, its successors or assigns. Neither Grantor, its successors or assigns, nor any person or entity claiming by or through Grantor its successors or assigns, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. Furthermore, the Grantor, its successors or assigns shall indemnify and hold harmless Grantee for all liability, any injury or damage to the person or property of third parties which may occur on the Property. 9. Hazardous Waste. Grantor covenants and represents that no hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, or deposited in or on the Property, and that there aze not now any underground storage tanks located on the Property. Grantor, its successors or assigns, further indemnify the Grantee for any and all liability azising from any subsequent placement or discovery of hazardous or toxic material on the property. In the event such material is discovered, Grantor, its successors or assigns, shall be responsible for the removal of the materials following coordination and written approval of the Grantee. 10. Enforcement Discretion. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights. 11. Venue and Enforcement Costs. Venue to enforce the terms of this conservation easement shall be in Leon County, Florida. If the Grantee prevails in an enforcement action, it shall be entitled to recover costs, including expert witness fees, as well as the reasonable cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of the conservation easement or to the vegetative and hydrologic condition required by the aforementioned Permit. These remedies are in addition to any other remedy, fine or penalty which maybe applicable under Chapters 373 and 403, Florida Statutes. 12. Assignment of Ri ts. Grantee agrees to hold this conservation easement exclusively for conservation purposes and that it will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under applicable state laws. 13. Recording in Land Records. Grantor agrees to record this conservation easement and any amendments hereto in a timely fashion in the Official Records of St. Lucie County, Florida. Grantor shall pay all recording costs and taxes necessary to record this conservation easement in the public records. 14. Successors. The covenants, terms, conditions and restrictions of this conservation easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. 15. Notices. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 16. Subsequent Deeds. Grantor shall insert the terms and restrictions of this conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this conservation easement or limit its enforceability in any way. 17. Severability. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 18. Alteration or Revocation. This conservation easement may be amended, altered, released or revoked only by permit modification as necessary and written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in St. Lucie County. 19. Controlling Law. The interpretation and performance of this conservation easement shall be governed by the laws of the State of Florida. 20. Baseline Documentation Report. The specific conservation values of the property are documented in the Baseline Documentation Report associated with this conservation easement. The Baseline Documentation Report consists of reports, maps, photographs, and other documentation that the parties agree provide, collectively, an accurate representation of the property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Baseline Documentation Report is maintained in the offices of the Florida Department of Environmental Protection and is incorporated by this reference. A copy of the Baseline Documentation Report is available from the Department on request. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all person whomsoever. IN WITNESS WI-IEREOF, the Grantor has executed this Conservation Easement on the day and year first above written. Signed, sealed and delivered Clyde. Stns in our presence as witnesses: 1~~ ay: Signature of Witness Print Name: Title: ,u~a..~..r:-Y MAwAA~Q Print d/T e e Signature of Witness Printed/Typed Name ~ w STATE OF ~F~ COUNTY OF ~ Ar,,~_ The foregoing instrument was acknowledged before me this day of Ndv~r+~•6eit~ 20 ofo , by ~ IAA ~ S ; rh 5 as stn r ~ e.-~ Z of the (corporation's name) 5~ ~ ~Q : 3c~. k Sn~ey}w~a n UL H she is personally kn to me or has produced as identification. (SEAL) No Public Signature 3R~Ni Nr}I~ Printed/Typed Name of Notary Commission No. Commission Expires i U~U SKETCH 8 DESCRIPTION (THIS 1S NOT A BOUNDARY SURVEY) ~ 0 g ~ ~ N07 TO SCALE .y V to / ~ 'Y / ~ s~ , ~ d ~ ~ % ~ ~ o / ~ w ' O~ ~ ~ o G i r~ O i 9 2 ? \ ~ . I CERTIFIED TO: TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND VIC/NITYMAP NOTES 1. BEARINGS SHOWN HEREON REFER TO NORTH AMERICAN DATUM OF 1983(1990). 2. CB = CHORD BEARING 3. CH = CHORD DISTANCE 4. ~ DELTA ANGLE 5.®= SUBJECT PARCEL SHEET 1 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. !SOT `?ALID WITHOUT ALL SHEETS CERTIFICATION: I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 61G17-6 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS. N CHRISTIAN FENEX AND ASSOCIATES, LLC. ~ ~ z om PROFESSIONAL SURVEYING AND MAPPING S-IAN FENEX, PSM can _ ENVIRONMENTAL CONSULTING PR ESSIONAL SURVEYOR & MAPPER o 0 1657 S. DIXIE HIGHWAY, STUART, FLORIDA FLORIDA REGISTRATION 5102 ~ P.O. BOX 2533, PALM CITY, FL 34991 REVISED: EASEMENT LOCATION 04 13 07 # ~ PH.(772)283-2977 FAX.(772)283-2979 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O.~J LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 SKETCH 8 DESCRIPTION ' (THIS IS NOT A BOUNDARY SURVEY) (DUNE PRESERVATION ZONE) BEING A PARCEL OF LAND LYING IN GOVERNMENT LOT 2 AND GOVERNMENT LOT 3, SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF GOVERNMENT LOT 3 AND THE CENTERLINE OF STATE ROAD A-1-A, SAID POINT BEING A RAILROAD SPIKE: THENCE NORTH 89'48'16" EAST, ALONG THE SOUTH LINE OF GOVERNMENT LOT 3, A DISTANCE OF 596.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 18'55'31" WEST, A DISTANCE OF 20.40 FEET TO THE POINT OF A NON TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 1.90 FEET, THROUGH A CENTRAL ANGLE OF 108'54'59", HAVING A CHORD BEARING OF SOUTH 35'20'46" WEST, AND A CHORD DISTANCE OF 1.63 FEET; THENCE SOUTH 89'48'16" WEST, A DISTANCE OF 19.12 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1.22 FEET, THROUGH A CENTRAL ANGLE OF 70'04'17", HAVING A CHORD BEARING OF NORTH 55'09'35" WEST, AND A CHORD DISTANCE OF 1.15 FEET; THENCE NORTH 20'07'27" WEST, A DISTANCE OF 7.66 FEET; THENCE NORTH 20'21'49" WEST, A DISTANCE OF 14.82 FEET; THENCE NORTH 20'16'03" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 19'25'13" WEST, A DISTANCE OF 14.95 FEET; THENCE NORTH 18'23'31" WEST, A DISTANCE OF 14.83 FEET; THENCE NORTH 18'12'19" WEST, A DISTANCE OF 14.41 FEET; THENCE NORTH 18'03'04" WEST, A DISTANCE OF 13.96 FEET; THENCE NORTH 18'21'34" WEST, A DISTANCE OF 13.86 FEET; THENCE NORTH 18'36'09" WEST, A DISTANCE OF 19.35 FEET; THENCE NORTH 18'38'08" WEST, A DISTANCE OF 16.99 FEET; THENCE NORTH 18'40'06" WEST, A DISTANCE OF 18.81 FEET; THENCE NORTH 18'42'40" WEST, A DISTANCE OF 19.37 FEET; THENCE NORTH 18'46'17" WEST, A DISTANCE OF 18.78 FEET; THENCE NORTH 18'51'48" WEST, A DISTANCE OF 16.93 FEET; THENCE NORTH 19'01'21" WEST, A DISTANCE OF 13.65 FEET; THENCE NORTH 19'32'07" WEST, A DISTANCE OF 11.03 FEET; THENCE NORTH 21'46'39" WEST, A DISTANCE OF 10.98 FEET; THENCE NORTH 22'20'18" WEST, A DISTANCE OF 21.80 FEET; THENCE NORTH 22'30'07" WEST, A DISTANCE OF 17.92 FEET; THENCE NORTH 22'34'33" WEST, A DISTANCE OF 19.21 FEET; THENCE NORTH 22'37'37" WEST, A DISTANCE OF 19.17 FEET; THENCE NORTH 22'39'53" WEST, A DISTANCE OF 17.97 FEET; THENCE NORTH 22'42'05" WEST, A DISTANCE OF 22.09 FEET; THENCE NORTH 22'45'17" WEST, A DISTANCE OF 13.08 FEET; THENCE NORTH 24'07'53" WEST, A DISTANCE OF 12.09 FEET; THENCE NORTH 26'36'41" WEST, A DISTANCE OF 10.65 FEET; THENCE NORTH 26'30'11" WEST, A DISTANCE OF 15.59 FEET; THENCE NORTH 25'34'20" WEST, A DISTANCE OF 16.87 FEET; THENCE NORTH 21'48'23" WEST, A DISTANCE OF 16.56 FEET; THENCE NORTH 21'18'38" WEST, A DISTANCE OF 12.16 FEET; THENCE NORTH 21'11'30" WEST, A DISTANCE OF 13.88 FEET; THENCE NORTH 21'07'15" WEST, A DISTANCE OF 14.86 FEET; THENCE NORTH 21'04'27" WEST, A DISTANCE OF 14.99 FEET; THENCE NORTH 21'02'29" WEST, A DISTANCE OF 14.12 FEET; THENCE NORTH 21'01'05" WEST, A DISTANCE OF 12.30 FEET; THENCE NORTH 21'00'02" WEST, A DISTANCE OF 12.94 FEET; THENCE NORTH 20'59'35" WEST, A DISTANCE OF 14.85 FEET; THENCE NORTH 20'59'15" WEST, A DISTANCE OF 14.04 FEET; THENCE NORTH 20'26'53" WEST, A DISTANCE OF 14.22 FEET; THENCE NORTH 19'59'41" WEST, A DISTANCE OF 12.41 FEET; THENCE NORTH 20'02'49" WEST, A DISTANCE OF 14.09 FEET; THENCE NORTH 20'14'02" WEST, A DISTANCE OF 12.93 FEET; THENCE NORTH 21'05'11" WEST, A DISTANCE OF 11.41 FEET; THENCE NORTH 23'28'17" WEST, A DISTANCE OF 11.11 FEET; THENCE NORTH 23'52'59" WEST, A DISTANCE OF 24.08 FEET; THENCE NORTH 23'58'44" WEST, A DISTANCE OF 20.74 FEET; THENCE NORTH 23'56'42" WEST, A DISTANCE OF 13.81 FEET; THENCE NORTH 23'36'37" WEST, A DISTANCE OF 14.94 FEET; THENCE NORTH 22'45'22" WEST, A DISTANCE OF 24.33 FEET; THENCE NORTH 22'39'56" WEST, A DISTANCE OF 13.36 FEET; THENCE NORTH 22'38'35" WEST, A DISTANCE OF 14.28 FEET; THENCE NORTH 22'37'43" WEST, A DISTANCE OF 14.41 FEET; THENCE NORTH 22'37'10" WEST, A DISTANCE OF 13.72 FEET; THENCE NORTH 22'36'52" WEST, A DISTANCE OF 12.20 FEET; THENCE NORTH 22'37'00" WEST, A DISTANCE OF 13.57 FEET; THENCE NORTH 22'46'00" WEST, A DISTANCE OF 24.72 FEET; THENCE NORTH 22'44'36" WEST, A DISTANCE OF 27.81 FEET; THENCE NORTH 21'12'41" WEST, A DISTANCE OF 30.33 FEET; THENCE NORTH 20'35'02" WEST, A DISTANCE OF 12.62 FEET; THENCE NORTH 20'32'42" WEST, A DISTANCE OF 22.88 FEET; THENCE NORTH 20'31'52" WEST, A DISTANCE OF 35.24 FEET; THENCE NORTH 20'30'31" WEST, A DISTANCE OF 14.56 FEET; THENCE NORTH 20'21'20" WEST, A DISTANCE OF 12.75 FEET; THENCE NORTH 20'19'37" WEST, A DISTANCE OF 13.47 FEET; THENCE NORTH 20'24'47" WEST, A DISTANCE OF 13.31 FEET; THENCE NORTH 20'53'43" WEST, A DISTANCE OF 24.51 FEET; THENCE NORTH 20'57'15" WEST, A DISTANCE OF 16.38 FEET; THENCE NORTH 20'57'40" WEST, A DISTANCE OF 18.61 FEET; THENCE NORTH 20'57'53" WEST, A DISTANCE OF 19.57 FEET; THENCE NORTH 20'57'57" WEST, A DISTANCE OF 19.29 FEET; THENCE NORTH 20°57'54" WEST, A DISTANCE OF 17.77 FEET; DESCRIPTION CONTINUED ON PAGE 3 SHEET 2 OF 6 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC. N PROFESSIONAL SURVEYING AND MAPPING c°r, ENVIRONMENTAL CONSULTING ° 1657 S. DIXIE HIGHWAY, STUART, FLORIDA fJn _ P O BOX 2533, PALM CITY, FL 34991 p zo PH.(772)283-2977 FAX.(772)283-2979 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O.# ~ . LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 G~ SKETCH 8 DESCRIPTION ' (THIS IS NOT A BOUNDARY SURVEY) (DUNE PRESERVATION ZONE) DESCRIPTION CONTINUED THENCE NORTH 20'57'33" WEST, A DISTANCE OF 21.15 FEET; THENCE NORTH 20'53'00" WEST, A DISTANCE OF 14.42 FEET; THENCE NORTH 20'38'36" WEST, A DISTANCE OF 13.11 FEET; THENCE NORTH 20'37'31" WEST, A DISTANCE OF 12.38 FEET; THENCE NORTH 20'40'58" WEST, A DISTANCE OF 14.16 FEET; THENCE NORTH 21'04'13" WEST, A DISTANCE OF 12.25 FEET; THENCE NORTH 21'32'07" WEST, A DISTANCE OF 13.01 FEET; THENCE NORTH 21'35'00" WEST, A DISTANCE OF 11.75 FEET; THENCE NORTH 21'36'12" WEST, A DISTANCE OF 13.16 FEET; THENCE NORTH 21'37'02" WEST, A DISTANCE OF 13.69 FEET; THENCE NORTH 21'37'42" WEST, A DISTANCE OF 13.38 FEET; THENCE NORTH 21'38'18" WEST, A DISTANCE OF 12.24 FEET; THENCE NORTH 21'39'11" WEST, A DISTANCE OF 14.23 FEET; THENCE NORTH 21'50'26" WEST, A DISTANCE OF 13.92 FEET; THENCE NORTH 22'06'34" WEST, A DISTANCE OF 14.27 FEET; THENCE NORTH 22'03'36" WEST, A DISTANCE OF 14.18 FEET; THENCE NORTH 22'12'02" WEST, A DISTANCE OF 11.58 FEET; THENCE NORTH 68'29'03" EAST, A DISTANCE OF 40.78 FEET; THENCE NORTH 21'30'57" EAST, A DISTANCE OF 15.83 FEET; THENCE NORTH 68'29'03" EAST, A DISTANCE OF 9.50 FEET; THENCE NORTH 21'30'57" WEST, A DISTANCE OF 75.83 FEET; THENCE SOUTH 68'29'03" WEST, A DISTANCE OF 19.16 FEET; THENCE SOUTH 21'30'57" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 68'29'03" WEST, A DISTANCE OF 31.30 FEET; THENCE NORTH 22'28'31" WEST, A DISTANCE OF 6.38 FEET; THENCE NORTH 22'30'22" WEST, A DISTANCE OF 13.88 FEET; THENCE NORTH 22'30'50" WEST, A DISTANCE OF 13.82 FEET; THENCE NORTH 22'30'22" WEST, A DISTANCE OF 14.69 FEET; THENCE NORTH 22'11'23" WEST, A DISTANCE OF 13.37 FEET; THENCE NORTH 22'10'27" WEST, A DISTANCE OF 14.63 FEET; THENCE NORTH 22'29'07" WEST, A DISTANCE OF 12.51 FEET; THENCE NORTH 24'19'52" WEST, A DISTANCE OF 11.49 FEET; THENCE NORTH 26'18'46" WEST, A DISTANCE OF 11.94 FEET; THENCE NORTH 26'37'29" WEST, A DISTANCE OF 24.14 FEET; THENCE NORTH 26'43'06" WEST, A DISTANCE OF 14.02 FEET; THENCE NORTH 26'34'55" WEST, A DISTANCE OF 15.22 FEET; THENCE NORTH 26'22'33" WEST, A DISTANCE OF 16.17 FEET; THENCE NORTH 23'59'54" WEST, A DISTANCE OF 16.78 FEET; THENCE NORTH 22'14'46" WEST, A DISTANCE OF 25.78 FEET; THENCE NORTH 22'06'14" WEST, A DISTANCE OF 24.21 FEET; THENCE NORTH 22'03'41" WEST, A DISTANCE OF 11.52 FEET; THENCE NORTH 22'02'30" WEST, A DISTANCE OF 14.30 FEET; THENCE NORTH 22'03'07" WEST, A DISTANCE OF 26.12 FEET; THENCE NORTH 22'02'30" WEST, A DISTANCE OF 13.35 FEET; THENCE NORTH 22'03'52" WEST, A DISTANCE OF 23.86 FEET; THENCE NORTH 22'07'30" WEST, A DISTANCE OF 12.41 FEET; THENCE NORTH 23'04'59" WEST, A DISTANCE OF 14.19 FEET; THENCE NORTH 22'47'23" WEST, A DISTANCE OF 16.11 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1.97 FEET, THROUGH A CENTRAL ANGLE OF 112'39'48", HAVING A CHORD BEARING OF NORTH 33'32'30" EAST, AND A CHORD DISTANCE OF 1.66 FEET; THENCE NORTH 89'52'24" EAST, A DISTANCE OF 19.51 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1.18 FEET, THROUGH A CENTRAL ANGLE OF 67'20'12", HAVING A CHORD BEARING OF SOUTH 56'27'30" EAST, AND A CHORD DISTANCE OF 1.11 FEET; THENCE NORTH 22'53'57" WEST, A DISTANCE OF 16.93 FEET; THENCE NORTH 89'52'24" EAST, A DISTANCE OF 125.81 FEET; THENCE SOUTH 21'29'58" EAST, A DISTANCE OF 116.26 FEET; THENCE SOUTH 21'18'13" EAST, A DISTANCE OF 114.57 FEET; THENCE SOUTH 21'02'06" EAST, A DISTANCE OF 121.31 FEET; THENCE SOUTH 21'07'25" EAST, A DISTANCE OF 152.55 FEET; THENCE SOUTH 21'00'51" EAST, A DISTANCE OF 171.65 FEET; THENCE SOUTH 22'03'29" EAST, A DISTANCE OF 169.44 FEET; THENCE SOUTH 21'52'42" EAST, A DISTANCE OF 101.83 FEET; THENCE SOUTH 21'37'08" EAST, A DISTANCE OF 202.78 FEET; THENCE SOUTH 20'58'53" EAST, A DISTANCE OF 153.66 FEET; THENCE SOUTH 22'04'10" EAST, A DISTANCE OF 159.90 FEET; THENCE SOUTH 21'01'05" EAST, A DISTANCE OF 192.30 FEET; THENCE SOUTH 20'13'52" EAST, A DISTANCE OF 159.44 FEET TO THE SOUTH LINE OF GOVERNMENT LOT 3; THENCE SOUTH 89'48'16" WEST, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 110.76 FEET TO THE POINT OF BEGINNING. CONTAINING 222,285 SQ. FT. (5.10 ACRES), MORE OR LESS. SHEET 3 OF 6 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEXAND ASSOC/AYES, LLC. N PROFESSIONAL SURVEYING AND MAPPING cn ENVIRONMENTAL CONSULTING ~ 1657 S. DIXIE HIGHWAY, STUART, FLORIDA ~ ~ U~ _ P.O BOX 2533, PALM CITY, FL 34991 ~ Z PH (772)283-2977 FAX.(772)283-2979 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O.// ~ LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 G~ SKETCH & DESCRIPTION (THIS IS NOT A BOUNDARY SURVEY) (DUNE PRESERVATION ZONE) LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L81 N18'S5'31"W 20.40' L150 N20'57'40"W 18.61' L82 S89'48'16"W 19.12' L151 N2D'57'S3"W 19.57' L83 N20'07'27"W 7.66' L752 N20'57'57"W 19.29' L84 N20'21'49"W 14.82' L153 N20'S7'54"W 17.77' L85 N20'16'03"W 15.00' L154 N20'57'33"W 21.15' L86 N19'25'13"W 14.95' L155 N20'53'00"W 14.42" L87 N18'23'31"W 14.83' L156 N20'38'36"W 13.11' L88 N18'12'19"W 14.41' L157 N20'37'31"W 12.38' L89 N18'03'04"W 13.96' L158 N20'40'S8"W 14.16' L90 N18'21'34"W 13.86' L159 N21'04'13"W 12.25' L91 N18'36'09"W 19.35' L160 N21'32'07"W 13.01' L92 N1838'08"W 16.99' L161 N21'35'00"W 11.75' L93 N18'40'06"W 18.81' L162 N21'36'12"W 13.16' L94 N18'42'40"W 19.37' L163 N21'37'02"W 13.69' L95 N18'46'17"W 18.78" L164 N21'3T42"W 13.38' L96 N18'51'48"W 16.93' L165 N21'38'18"W 12.24' L97 N19'01'21"W 13.65' L166 N21'39'11"W 14.23' L98 N1932'07"W 11.03' L167 N21'S0'26"W 13.92' L99 N21'46'39"W 10.98' L168 N22'06'34"W 14.27' L100 N22'20'18"W 21.80' L169 N22'03'36"W 14.18' L101 N22'30'07"W 17.92' L170 N22'12'02"W 11.58' L102 N2234'33"W 19.21' L171 N68'29'03"E 40.78' L103 N22'37'37"W 19.17 L772 N21'30'57"E 15.83' L104 N22'39'S3"W 17.97' L773 N68'29'03"E 9.50' L105 N22'42'05"W 22.09' L774 N21'30'57"W 75.83' L106 N22'45'17"W 13.08' L175 568'29'03"W 19.16' L107 N24'0T53"W 12.09' L176 521'30'57"E 80.00' L108 N2636'41"W 10.65' L178 S68'29'03"W 31.30' L109 N26'30'11"W 15.59' L179 N22'28'31"W 6.38' L110 N25'34'20"W 16.87" L780 N22'30'22"W 13.88' L111 N21'48'23"W 16.56' L181 N22'30'S0"W 13.82' L112 N21'18'36"W 12.16' L182 N22'30'22"W 14.69' L113 N21'11'30"W 13.88' L183 N22'11'23"W 13.37' L114 N21'07'15"W 14.86' L184 N22'10'27"W 14.63' L115 N21'04'27"W 1.4.99' L185 N22'29'07"W 12.51' L716 N21'02'29"W 14.12' L186 N24'19'52"W 11.49' L117 N21'01'05"W 12.30' L187 N26'18'46"W 11.94' L118 N21'00'02"W 12.94' L188 N26'37'29"W 24.14' L719 N20'59'35"W 14.85' L189 N26'43'O6"W 14.02' L120 N20'59'15"W 14.D4' L190 N2634'55"W 15.22' L121 N20'26'53"W 14.22' L191 N26'22'33"W 16.17' L122 N19'S9'41"W 12.41' L192 N23'S9'S4"W 16.78' L123 N20'02'49"W 14.09' L193 N22'14'46"W 25.78' L124 N20'14'02"W 12.93' L194 N22'O6'14"W 24.21' L125 N21'05'11"W 11.41' L195 N22'03'41"W 11.52' L126 N23'28'17"W 11.11' L196 N22'02'30"W 14.30' L127 N23'52'59"W 24.08' 1197 N22'03'07"W 26.12' L128 N23'S8'44"W 20.74' L198 N22'02'30"W 13.35' L129 N23'56'42"W 13.81' L199 N22'03'52"W 23.86' L130 N23'36'37"W 14.94' L200 N22'D7'30"W 12.41' L131 N22'45'22"W 24.33' L201 N23'04'S9"W 14.19' L132 N22'39'56"W 13.36' L202 N22'47'23"W 16.11' L133 N22'38'35"W 14.28' L203 N89'S2'24"E 19.51' L134 N2237'43"W 14.41' L2D4 N22'S3'57"W 16.93' L135 N22'37'10"W 13.72' L205 N89'52'24"E 125.81' L136 N22'36'S2"W 12.20' L206 821'29'58"E 116.26' L137 N22'37'00"W 13.57' 1207 521'18'13"E 114.57' L138 N22'46'00"W 24.72' L208 S21'02'O6"E 121.31' L139 N22'44'36"W 27.81' L209 521'07'25"E 152.55' L140 N21'12'41"W 30.33' L210 S21'OD'51"E 171.65' L141 N20'35'02"W 12.62' L211 822'03'29"E 169.44' L142 N20'32'42"W 22.68' L212 S21'S2'42"E 101.83' L143 N2031'52"W 35.24' L213 S21'37'08"E 202.78' L744 N20'30'31"W 14.56' L214 S20'S8'53"E 153.66' L145 N20'21'20"W 12.75' L215 S22'04'10"E 159.90' L146 N20'19'37"W 13.47' L216 521'01'05"E 192.30' L147 N20'24'47"W 13.31' L217 820'13'52"E 159.44' NOT VALID WITHOUT THE SIGNATURE L148 N20'S3'43"W 24.51' L218 S89'48'16"W 110.76' AND THE ORIGINAL RAISED SEAL OF L149 N20'S7'15"W 16.38' SHEET 4 OF 6 A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOC/AYES, LLC. o cn PROFESSIONAL SURVEYING AND MAPPING O m ENVIRONMENTAL CONSULTING ~ 1657 S. DIXIE HIGHWAY, STUART, FLORIDA ~ _ P.O. BOX 2533, PALM CITY, FL 34991 pLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O. ~ ~ PH.(772)283-2977 FAX.(772)283-2979 N A 10/18/06 N/A N/A NONE 205055 ~ LICENSED BUSINESS # 6858 SKETCH 8 DESCRIPTION ' L2o3 LzoS (THIS IS NOT A BOUNDARY SURVEY c3 L2o4 (DUNE PRESERVATION ZONE) L202 C4 L201 a L200 L199 CURVE TABLE L198 CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD L797 Ct 1.00' 1.90" 108'54'59" 535'20'46"W 1.63' C2 1.00' 1.22' 70'04'17" N55'09'35"W 1.15' L196 C3 1.00' 1.97' 112'39'48" N33'32'30"E 1.66" L795 C4 1.00' 1.18' 6720'12" S56'2T30°E 7.11' L794 ra o~ L193 use 5.10 ACRES u91 222,285 SQ. FT. L790 L189 L188 L~15 (ao L7 87 ry L786 L185 ri L184 r~ n L783 ~ ' L182 L181 L~13 L7 8 ~1 `~12 SOUTH LINE GOVT LOT 2 L179 `~1~ L769 L170 L168 `~'o L7 67 ~ L166 ~ ~ L7 65 'L € L164 i NOT 70 SCALE L763 L162 L161 U 60 L159 L158 L157 L156 rl L155 0 L154 L153 L152 L151 L150 L149 L148 L147 L146 tai L145 f L144 L143 L142 L141 ~ N MATCH LINE '=A _ _ L140 - a SEE SHEET 6 SHEET 5 OF 6 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHR/ST/AN FENEX AND ASSOCIATES, LLC. N PROFESSIONAL SURVEYING AND MAPPING ~ cn N ENVIRONMENTAL CONSULTING o 1657 S. DIXIE HIGHWAY, STUART, FLORIDA ~ ~ U~ _ P.O. BOX 2533, PALM CITY, FL 34991 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O. ~ Z PH.(772)283-2977 FAX.(772)283-2979 0 LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 ~ MATCH LINE "A" u39 ~ SEE SHEET 5 a a L138 L137 L136 L13s SKETCH & DESCRIPTION L134 (THIS IS NOT A BOUNDARYSURVEI~ L133 L, 32 (DUNE PRESERVATION ZONE) L131 ra L130 L129 L,28 L127 L126 L125 L124 L123 L122 L121 ~ L120 ~ g L119 p L118 L117 ~ NOT TO SCALE L116 ~ ~ ~ <J ' J L115 O L114 ~ y L113 ~ ~ ~Z L112 Q ~ L111 ~ U10 L, 09 GOVT LOT 3 LL°o7 ~ SECTION 29-35-41 L1 o6 ~Z L105 CURVE TABLE L104 CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD L,03 Ct 1.00' 1.90' 108'54'59" 535'20'46"W 1.63' 102 C2 1.00' 1.22' 70'04'17" N55'09'35"W 1.15' L101 C3 1.00' 1.97' 112'39'48" N33'32'30"E 1.66' C4 1.00' 1.18' 67'20'12" S56'27'30"E 1.11' 100 L99 L98 ~ L97 ai rn L96 1000 ~0 L95 f0~~ L94 0 L93 ~ L92 L91 p\ L90 P ~ L89 Gy ~ L88 ~ Q L87 ri ~ L86 v ~ L85 ~ SOUTH LINE OF GOVERNMENT LOT 3 L83 C1 ~ N89'48'16"E ~ 596.30' c2 L219 ~ POINT OF COMMENCEMENT POINT OF BEGINNING \ FOUND RAILROAD SPIKE GOVT LOT 4 NO IDENTIFICATION VACANT SHEET 6 OF 6 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC. o PROFESSIONAL SURVEYING AND MAPPING o m ENVIRONMENTAL CONSULTING cn 1657 S. DIXIE HIGHWAY, STUART, FLORIDA ~ _ P.O. BOX 2533, PALM CITY, FL 34991 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O. ~ ~ PH.(772)283-2977 FAX.(772)283-2979 10 18 06 ~ LICENSED BUSINESS#6858 N\A ~ ~ N/A N/A NONE 205055 G~ SKETCH & DESCRIPTION (THIS lS NOT A BOUNDARY SURVEY) h j ~ ~ A O ~ ~ ~ ~ ~ g d ~ \i t ~ NOT TO SCALE \ ~ ~ ~ s 'y 9s \ ~ 9 ~ ! rG o ~ J IIt ~ f ~ ~ ~ \ o l \ G j 1~ ~ ~ ~ \ \ _1 ~ A ~ ~ \ > , ~ 1 CERTIFIED TO: TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND VICINITY MAP NOTES 1. BEARINGS SHOWN HEREON REFER 70 NORTH AMERICAN DATUM OF 1983(1990). 2. CB =CHORD BEARING 3. CH =CHORD DISTANCE 4. 6= DELTA ANGLE 5.®= SUBJECT PARCEL SHEET 1 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CERTIFICATION: I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 61G17-6 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS. Iv CHRISTIAN FENEX AND ASSOCIATES, LLC. PROFESSIONAL SURVEYING AND MAPPING , STIAN FENEX, PSM c~ii ENVIRONMENTAL CONSULTING PROFESSIONAL SURVEYOR & MAPPER o 0 1657 S. DIXIE HIGHWAY, STUART, FLORIDA FLORIDA REGISTRATION #5102 ~ P.O. BOX 2533, PALM CITY, FL 34991 ~ PH.(772)283-2977 FAX.(772)283-2979 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O.# LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 SKETCH & DESCRIPTION (THIS 1S NOT A BOUNDARY SURVEY) (WETLAND PRESERVE) BEING A PARCEL OF LAND LYING IN GOVERNMENT LOT 2 AND GOVERNMENT LOT 3, SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF GOVERNMENT LOT 3 AND THE CENTERLINE OF STATE ROAD A-1-A, SAID POINT BEING A RAILROAD SPIKE; THENCE SOUTH 89'48'16" WEST, ALONG THE SOUTH LINE OF GOVERNMENT LOT 3, A DISTANCE OF 57.33 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A; THENCE NORTH 29"28'56" WEST, ALONG THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A, A DISTANCE OF 1,766.63 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 65'35'45" EAST, A DISTANCE OF 200.82 FEET; THENCE SOUTH 81'27'54" WEST, A DISTANCE OF 19.09 FEET; THENCE SOUTH 01'48'35" WEST, A DISTANCE OF 158.12 FEET; THENCE SOUTH 22'51'11" WEST, A DISTANCE OF 90.99 FEET; THENCE SOUTH 63'44'36" WEST, A DISTANCE OF 36.88 FEET; THENCE NORTH 00'10'28" WEST, A DISTANCE OF 601.60 FEET; THENCE NORTH 89'52'24" EAST, A DISTANCE OF 80.72 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A; THENCE SOUTH 29'28'56" EAST, ALONG THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A, A DISTANCE OF 176.78 FEET TO THE POINT OF BEGINNING. CONTAINING 59,465 SQ. FT. (1.37) ACRES, MORE OR LESS. SHEET 2 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC, o PROFESSIONAL SURVEYING AND MAPPING o m ENVIRONMENTAL CONSULTING ~ 1657 S. DIXIE HIGHWAY, STUART, FLORIDA P.O. BOX 2533, PALM CITY, FL 34991 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O. ~ ~ PH.(772)283-2977 FAX.(772)283-2979 LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 ~ ' SKETCH & DESCRIPTION (THIS lS NOT A BOUNDARY SURVEY) (WETLAND PRESERVE) L27 \ ~ g N07 TO SCALE vACANT m POINT OF BEGINNING sECT1oN 30 ~ ~ LINE TABLE m \ LINE BEARING DISTANCE a r~ L12 565'35'45"E 200.82' \ L22 581'27'54"W 19.09' w n L23 SOl'48'35"W 158.12' 0 1.37 ACRES L24 S22'51'11 "W 90.99' 59,465 SQ. FT. ~ L25 563'44'36"W 36.88' ~ L26 N00'10'28`W 601.60' ~ ~ L27 N89'S2'24"E 80.72' ~ s L28 529'28'56"E 176.78' moo. U ~ ~ ~ \ o $ s~ ~ ~ cy~ o ya r ~ N ~ 9~ D ~ ~ \ L22 9-~' 2\ ~ ~ SOUTH LINE GOVT LOT 2 \ \ (PRODUCED WEST) N \ J N29'28'56"W 1766.63' ~ \ o~°~° y, d~ v INDIAN RIVER X25 \ POINT OF COMMENCEMENT FOUND RAILROAD SPIKE NO IDENTIFICATION SOUTH LINE GOVT LOT 3 S89'48'16"W \ 57.33' \ GOVT l0T 3 SECTION 29-35-41 SHEET 3 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC, o PROFESSIONAL SURVEYING AND MAPPING o m ENVIRONMENTAL CONSULTING cn 1657 S. DIXIE HIGHWAY, STUART, FLORIDA ~ _ P.O BOX 2533, PALM CITY, FL 34991 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O.// ~ ~ PH.(772)283-2977 FAX.(772)283-2979 1 Q 1 8 06 ~ LICENSED BUSINESS#6858 N\A / / N/A N/A NONE 205055 ~ SKETCH & DESCRIPTION (THIS IS NOT A BOUNDARY SURVEY) ~ ~ ~ \ ~ / o 'y~ ~ ~ ~ € ~ t \ ` ~ NOT TO SCALE ,y ~ ~ o ~ ~ ~ 9`L' 9~~9~~~ ~ ~ C~ rL \ ' O ~ J e \a r~ ~ \ ~ ~ O %ii ~ n o ' ~ i O r , viii ~ ~ ~ ~ ~ i/,/ ; ~ . \ / CERTIFIED TO: TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND VICINITY MAP NOTES 1. BEARINGS SHOWN HEREON REFER TO NORTH AMERICAN DATUM OF 1983(1990). 2. CB =CHORD BEARING 3. CH =CHORD DISTANCE 4. ~ DELTA ANGLE 5.®= SUBJECT PARCEL SHEET 1 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CERTIFICATION: I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 61G17-6 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS. rv CHRISTIAN FENEX AND ASSOCIATES, LLC. o m PROFESSIONAL SURVEYING AND MAPPING CH r tN`X, PSM c"n = ENVIRONMENTAL CONSULTING PROFE ZONAL SURVEYOR & MAPPER o 0 1657 S. DIXIE HIGHWAY, STUART, FLORIDA REVISED: EASEMENT LOCATION 05/3/07 FLORIDA REGISTRATION 5102 ~ P.O. BOX 2533, PALM CITY, FL 34991 REVISED: EASEMENT LOCATION 04 10 07 ~ ~ PH.(772)283-2977 FAX.(772)283-2979 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O.# LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 SKETCH 8 DESCRIPTION ' (THIS /S NOT A BOUNDARY SURVEY) (WETLAND PRESERVE) BEING A PARCEL OF LAND LYING IN GOVERNMENT LOT 3, SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF GOVERNMENT LOT 3 AND THE CENTERLINE OF STATE ROAD A-1-A, SAID POINT BEING A RAILROAD SPIKE; THENCE NORTH 89'48'16" EAST, ALONG THE SOUTH LINE OF GOVERNMENT LOT 3, A DISTANCE OF 57.33 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 29'28'56" WEST, A DISTANCE OF 267.11 FEET; THENCE NORTH 60'31'04" EAST, A DISTANCE OF 9.30 FEET; THENCE NORTH 07'36'15" WEST, A DISTANCE OF 135.93 FEET; THENCE NORTH 35'46'44" WEST, A DISTANCE OF 53.51 FEET; THENCE NORTH 26'25'37" WEST, A DISTANCE OF 68.29 FEET; THENCE NORTH 33'38'45" WEST, A DISTANCE OF 28.42 FEET; THENCE NORTH 48'16'26" WEST, A DISTANCE OF 27.74 FEET; THENCE NORTH 54'25'35" WEST, A DISTANCE OF 36.43 FEET; THENCE NORTH 41'13'43" WEST, A DISTANCE OF 61.31 FEET; THENCE NORTH 29'12'58" EAST, A DISTANCE OF 16.40 FEET; THENCE NORTH 60'31'04" EAST, A DISTANCE OF 18.16 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 120.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 140.43 FEET, THROUGH A CENTRAL ANGLE OF 67'03'05", HAVING A CHORD BEARING OF NORTH 26'59'32" EAST, AND A CHORD DISTANCE OF 132.55 FEET; THENCE NORTH 06'32'01" WEST, A DISTANCE OF 26.54 FEET TO THE POINT OF A NON TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 255.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 160.00 FEET, THROUGH A CENTRAL ANGLE OF 35'57'05", HAVING A CHORD BEARING OF NORTH 11'26'31" EAST, AND A CHORD DISTANCE OF 157.39 FEET; THENCE NORTH 30'02'36" EAST, A DISTANCE OF 49.35 FEET TO THE POINT OF A NON TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 376.50 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 101.85 FEET, THROUGH A CENTRAL ANGLE OF 15'29'58", HAVING A CHORD BEARING OF NORTH 22'18'44" EAST, AND A CHORD DISTANCE OF 101.54 FEET; THENCE NORTH 87'30'22" EAST, A DISTANCE OF 30.56 FEET; THENCE SOUTH 22'38'11" EAST, A DISTANCE OF 9.40 FEET; THENCE SOUTH 06'58'30" EAST, A DISTANCE OF 22.79 FEET; THENCE SOUTH 02'53'44" EAST, A DISTANCE OF 32.02 FEET; THENCE SOUTH 16'26'42" EAST, A DISTANCE OF 24.71 FEET; THENCE SOUTH 37'31'46" EAST, A DISTANCE OF 33.41 FEET; THENCE SOUTH 17'21'07" EAST, A DISTANCE OF 2.66 FEET; THENCE SOUTH 67'21'02" EAST, A DISTANCE OF 103.71 FEET; THENCE SOUTH 22'38'11" EAST, A DISTANCE OF 205.89 FEET TO THE POINT OF A NON TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 171.65 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 150.95 FEET, THROUGH A CENTRAL ANGLE OF 50'23'13", HAVING A CHORD BEARING OF SOUTH 00'14'14" WEST, AND A CHORD DISTANCE OF 146.13 FEET TO A POINT ON THE SOUTH LINE OF SAID GOVERNMENT LOT 3; THENCE SOUTH 89'48'16" WEST, ALONG THE SOUTH LINE OF GOVERNMENT LOT 3, A DISTANCE OF 146.20 FEET TO THE POINT OF BEGINNING. CONTAINING 176,400 SQUARE FEET (4.05 ACRES), MORE OR LESS. SHEET 2 OF 3 NOT VALIC WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC. o PROFESSIONAL SURVEYING AND MAPPING o m ENVIRONMENTAL CONSULTING r_n 1657 S. DIXIE HIGHWAY, STUART, FLORIDA ~ _ P O. BOX 2533, PALM CITY, FL 34991 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O.# ~ o PH.(772)283-2977 FAX.(772)283-2979 ~ LICENSED BUSINESS#6858 NSA 10/18/06 N/A N/A NONE 205055 G7 L233 Lz3a SKETCH 8 DESCRIPTION L23s (THIS lS NOT A BOUNDARY SURVEY) L236 (WETLAND PRESERVE) ' L237 L238 ~^~`V L239 GOVT LOT 3 " ~,Z40 SECTION 29-35-41 v U m N NOT TO SCALE w CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD C13 120.00' 140.43' 67'03'05" N26'S9'32"E 132.55' C14 255.00' 160.00' 35'57'05" N11'26'31"E 157.39' C15 376.50' 101.85' 15'29'58" N22'18'44"E 101.54' \ C16 171.65' 150.95' 50'23'13" 500'14'14"W 146.13' \ L230 ~ L229 B L226 ~ LINE TABLE LINE BEARING DISTANCE L220 N29'28'56"W 267.11' `,iS L221 N60'31'04"E 9.30' ~ ~ 4.05 ACRES L222 N07'36'15"W 135.93' L223 N35'46'44"W 53.51' 9s~ ~y 176,400 SQUARE FEET L224 N26'25'37"W 68.29' A L225 N33'38'45"W 28.42' 9y GOVT LOT 3 L226 N48'16'26"W 27.74' j `off SECTION 29-35-41 L227 N54'25'35"W 36.43' 04 L228 N41'13'43"W 61.31' °o. ~J r~ L229 N29'12'S8"E 16.40' P ~ L230 N60'31'04"E 18.16' cs\~Q 2~ L231 N06'32'01"W 26.54' r L232 N30'02'36"E 49.35' v~ N L233 N87'30'22"E 30.56' ~ L234 522'38'11"E 9.40' ~ L235 506'58'30"E 22.79' ~ L236 502'53'44"E 32.02' L237 S16'26'42"E 24.71' L238 S3T31'46°E 33.41' \ L221 L239 51721'07"E 2.66' \ L240 567'21'02"W 103.71' L241 52238'11"E 205.89" L242 589'48'16"E 146.20' 00 0 d ~c, ~ 0 co \ U SOUTH LINE OF GOVERNMENT LOT 3 L242 POINT OF BEGINNING GOVT LOT 4 POINT OF COMMENCEMENT N89'48'16"E VACANT POUND RAILROAD SPIKE NO IDENTIFlCATION 57.33 SHEET 3 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC. o PROFESSIONAL SURVEYING AND MAPPING o m ENVIRONMENTAL CONSULTING ~ 1657 S. DIXIE HIGHWAY, STUART, FLORIDA P.O. BOX 2533, PALM CITY, FL 34991 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O. ~ PH.(772)283-2977 FAX.(772)283-2979 LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 ~ SKETCH & DESCRIPTION (THIS lS NOT A BOUNDARY SURVEY) I ~ ~ ~ ~ 0 ~ ~ w~ ~ g r ~ NOT TO SCALE I ~ ~ ~ V ~ ~ .y~ 9~~,y~ ~ ~ d f ~rG ~ O C{'J n O~ I ~ ~ \ O ~ ~ ~ d ~ \ ~r \ c`' 1~~ ~ ~ ~ , ~ ~ \ - , CERTIFIED TO: TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND VICINITY MAP NOTES 1. BEARINGS SHOWN HEREON REFER TO NORTH AMERICAN DATUM OF 1983(1990). 2. CB =CHORD BEARING 3. CH =CHORD DISTANCE 4. a=- DELTA ANGLE 5.®= SUBJECT PARCEL SHEET 1 OF ,3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. N07 VALID WITHOUT ALL SHEETS CERTIFICATION: I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 61G17-6 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS. CHRISTIAN FENEX AND ASSOCIATES, LLC. o m PROFESSIONAL SURVEYING AND MAPPING PISTIAN FENEX, PSM c~''„ ENVIRONMENTAL CONSULTING OFESSIONAL SURVEYOR & MAPPER 1657 S. DIXIE HIGHWAY, STUART, FLORIDA FLORIDA REGISTP.ATION 5102 ~ ~ P.O. BOX 2533, PALM CITY, FL 34991 # ~ PH.(772)283-2977 FAX.(772)283-2979 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE w.o.;y LICENSED BUSINESS#6858 N~A 11/29/06 N/A N/A NONE 205055 SKETCH & DESCRIPTION (THIS IS NOT A BOUNDARY SURVEY) (WETLAND PRESERVE) BEING A PARCEL OF LAND LYING IN GOVERNMENT LOT 3, SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF GOVERNMENT LOT 3 AND THE CENTERLINE OF STATE ROAD A-1-A, SAID POINT BEING A RAILROAD SPIKE; THENCE SOUTH 89'48'16" WEST, ALONG THE SOUTH LINE OF GOVERNMENT LOT 3, A DISTANCE OF 57.33 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'48'16" WEST ALONG SAID SOUTH LINE OF GOVERNMENT LOT 3, A DISTANCE OF 462.32 FEET; THENCE NORTH 07'49'12" WEST, A DISTANCE OF 140.53 FEET; THENCE NORTH 22'21'16" EAST, A DISTANCE OF 142.64 FEET; THENCE NORTH 35'29'59" EAST, A DISTANCE OF 195.73 FEET; THENCE NORTH 02'17'19" EAST, A DISTANCE OF 117.45 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A; THENCE SOUTH 29'28'56" EAST, ALONG THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A, A DISTANCE OF 627.52 FEET TO THE POINT OF BEGINNING. CONTAINING 136,342 SO. FT. (3.13) ACRES, MORE OR LESS. SHEET 2 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC, o PROFESSIONAL SURVEYING AND MAPPING o m ENVIRONMENTAL CONSULTING cn 1657 S. DIXIE HIGHWAY, STUART, FLORIDA ~ _ P.O. BOX 2533, PALM CITY, FL 34991 PLAT BK. PG. DATE Of SKETCH FIELD SURVEY DATE f.8. PG. SCALE W.O.# ~ o PH.(772)283-2977 FAX.(772)283-2979 ~ LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 G~ SKETCH & DESCRIPTION ' (THIS /S NOT A BOUNDARY SURVEY) (WETLAND PRESERVE) \ \ 4 4 NOT TO SCALE LINE TABLE INDIAN RIVER ~ \ LINE BEARING DISTANCE J L1 589'48'16"W 462.32' L2 N0T49'12"W 140.53' L3 N22'21'16"E 142.64' L4 N35'29'59"E 195.73' LS N02'17'19"E 117.45' L6 S29'28'S6"E 627.52' ~ °o. p O p o cy~ 4 o Ti I v ~ 2 ~ \ v 3.13 ACRES \ d d 136,342 sq. ft. GOVERNMENT LOT 3 SECTION 29-35-41 °o rv ~ POINT OF COMMENCEMENT FOUND RAILROAD SPIKE SOUTH LINE OF GOVERNMENT LOT 3 NO IDEN71FlCAilON L1 POINT OF BEGINNING ~S89'48'16"W 57.33' SHEET 3 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC, o PROFESSIONAL SURVEYING AND MAPPING cn ENVIRONMENTAL CONSULTING ° 1657 S. DIXIE HIGHWAY, STUART, FLORIDA CTi = P O. BOX 2533, PALM CITY, FL 34991 ~ z PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O./ ~ PH.(772)283-2977 FAX.(772)283-2979 ~ LICENSED BUSINESS #6858 N\A 10/18/06 N/A N/A NONE 205055 G) SKETCH & DESCRIPTION (THIS lS NOT A BOUNDARY SURVEY) ~ o ~d ~ g ~ ~ ~ 9 ~ NoT ro scALE ~ rJ, ~ ~ ~ V~ ~ o ~ ~ ~ 9`P~91+ ~ ~G O ~ ~ ~ 'd ~ ~ d o z ~ ~ o ~ ~ ~ ~ \ ~ ~ ~ ~ , ~ ~ r ~ \ CERTIFIED TO: TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND VICINITY MAP NOTES 1. BEARINGS SHOWN HEREON REFER TO NORTH AMERICAN DATUM OF 1983(1990). 2. CB =CHORD BEARING 3. CH =CHORD DISTANCE 4. a= DELTA ANGLE S.®= SUBJECT PARCEL SHEET 1 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CERTlF1CATION: I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 61 G17-6 F.A.C. BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS. Iv CHRISTIAN FENEX AND ASSOCIATES, LLC. ~ PROFESSIONAL SURVEYING AND MAPPING RISTIAN FENEX, PSM can ENVIRONMENTAL CONSULTING PROFESSIONAL SURVEYOR & MAPPER o 0 1657 S. DIXIE HIGHWAY, STUART, FLORIDA FLORIDA REGISTRATION 5102 ~ P.O. BOX 2533, PALM CITY, FL 34991 REVISED: EASEMENT LOCATION 04 10 07 # ~ PH.(772)283-2977 FAX.(772)283-2979 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O.# LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 SKETCH 8 DESCRIPTION ' (THIS /S NOT A BOUNDARY SURVEY) (WETLAND PRESERVE) BEING A PARCEL OF LAND LYING IN GOVERNMENT LOT 2, SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF GOVERNMENT LOT 3 AND THE CENTERLINE OF STATE ROAD A-1-A, SAID POINT BEING A RAILROAD SPIKE; THENCE NORTH 89'48'16" EAST, ALONG THE SOUTH LINE OF GOVERNMENT LOT 3, A DISTANCE OF 57.33 FEET TO A PONT ON THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A; THENCE NORTH 29'28'56" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A, A DISTANCE OF 1,794.16 FEET TO THE POINT OF BEGINNING; THENCE NORTH 29'28'56" WEST, A DISTANCE OF 48.47 FEET; THENCE NORTH 23'33'06" EAST, A DISTANCE OF 9.86 FEET; THENCE NORTH 06'53'40" WEST, A DISTANCE OF 59.48 FEET; THENCE NORTH 35'21'16" WEST, A DISTANCE OF 24.00 FEET; THENCE NORTH 89'52'24" EAST, A DISTANCE OF 557.62 FEET; THENCE SOUTH 69'47'53" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 20'12'07" EAST, A DISTANCE OF 21.28 FEET; THENCE CONTINUE SOUTHERLY ALONG SAID LINE, A DISTANCE OF 7.41 FEET; THENCE CONTINUE SOUTHERLY ALONG SAID LINE, A DISTANCE OF 3.30 FEET; THENCE SOUTH 39'52'02" WEST, A DISTANCE OF 15.39 FEET; THENCE SOUTH 21'59'54" WEST, A DISTANCE OF 20.50 FEET; THENCE SOUTH 02'08'31" WEST, A DISTANCE OF 20.53 FEET; THENCE SOUTH 17'42'52" EAST, A DISTANCE OF 20.53 FEET; THENCE SOUTH 37'34'15" EAST, A DISTANCE OF 20.53 FEET; THENCE SOUTH 57'25'38" EAST, A DISTANCE OF 20.53 FEET; THENCE SOUTH 77'47'19" EAST, A DISTANCE OF 20.71 FEET; THENCE SOUTH 09'58'07" EAST, A DISTANCE OF 20.18 FEET; THENCE SOUTH 03'21'40" EAST, A DISTANCE OF 39.64 FEET; THENCE SOUTH 32'56'05" EAST, A DISTANCE OF 45.71 FEET; THENCE SOUTH 21'23'59" EAST, A DISTANCE OF 42.53 FEET; THENCE SOUTH 26'12'27" EAST, A DISTANCE OF 68.95 FEET; THENCE SOUTH 07'21'34" EAST, A DISTANCE OF 26.42 FEET; THENCE SOUTH 48'24'31" EAST, A DISTANCE OF 40.78 FEET; THENCE SOUTH 08'31'35" EAST, A DISTANCE OF 27.13 FEET; THENCE SOUTH 63'15'00" WEST, A DISTANCE OF 14.59 FEET; THENCE NORTH 87'58'34" WEST, A DISTANCE OF 1.45 FEET; THENCE NORTH 81'43'35" WEST, A DISTANCE OF 4.00 FEET; THENCE NORTH 74'09'16" WEST, A DISTANCE OF 2.60 FEET; THENCE NORTH 66'34'10" WEST, A DISTANCE OF 4.01 FEET; THENCE NORTH 61'58'11" WEST, A DISTANCE OF 5.17 FEET; THENCE NORTH 57'08'40" WEST, A DISTANCE OF 52.53 FEET; THENCE NORTH 41'38'47" WEST, A DISTANCE OF 51.89 FEET; THENCE NORTH 36'10'40" WEST, A DISTANCE OF 70.64 FEET; THENCE NORTH 47'57'28" WEST, A DISTANCE OF 75.79 FEET; THENCE NORTH 48'32'22" WEST, A DISTANCE OF 5.25 FEET; THENCE NORTH 57'08'14" WEST, A DISTANCE OF 5.25 FEET; THENCE NORTH 61'26'10" WEST, A DISTANCE OF 45.00 FEET; THENCE NORTH 65'56'16" WEST, A DISTANCE OF 41.67 FEET; THENCE NORTH 70'13'41" WEST, A DISTANCE OF 48.43 FEET; THENCE NORTH 77'16'33" WEST, A DISTANCE OF 62.47 FEET; THENCE NORTH 83'05'40" WEST, A DISTANCE OF 67.48 FEET; THENCE NORTH 75'28'57" WEST, A DISTANCE OF 54.07 FEET; THENCE NORTH 71'07'25" WEST, A DISTANCE OF 43.22 FEET; THENCE NORTH 80'16'20" WEST, A DISTANCE OF 55.06 FEET; THENCE NORTH 82'06'21" WEST, A DISTANCE OF 37.03 FEET; THENCE SOUTH 43'28'28" WEST, A DISTANCE OF 18.14 FEET; THENCE SOUTH 75'55'17" WEST, A DISTANCE OF 17.53 FEET TO THE POINT OF BEGINNING. CONTAINING 109,462 SQUARE FEET (2.51) ACRES, MORE OR LESS. SHEET 2 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT AlL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC. o PROFESSIONAL SURVEYING AND MAPPING cry ENVIRONMENTAL CONSULTING U°, 1657 S. DIXIE HIGHWAY, STUART, FLORIDA CTi = P.O. BOX 2533, PALM CITY, FL 34991 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O. ~ Z PH.(772)283-2977 FAX.(772)283-2979 ~ o LICENSED BUSINESS#6858 N\A 10/18/06 N/A N/A NONE 205055 G~ SKETCH 8 DESCRIPTION (THIS lS NOT A BOUNDARY SURVEY) (WETLAND PRESERVE) ' GOVT LOT 2 SECTION 29-35-41 L247 L248 L249 L246 L250 N L252 L251 ~ L253 cr L244 2.51 ACRES L254 g ~ 109,462 SQUARE FEET L2~5 NOT TO SCALE L287 L286 L256 L288 X285 C2g4 L257 L289 L283 X282 L258 N J'~ 2~~ POINT OF BEGINNING ~28~ L259 0 2 \o ~ ~`6,~ C 8~ ~ 9 L278 ~~,c~ l V O. , L277 J ~ r o ~ js T y~ SOUTH LINE GOVT LOT 2 ~ l~ PRODUCED WEST). Oc.r' \ r ~ ~ s L264 N 89'48' 16"E ~ 57.33' ~ - ~ SOUTH LINE GOVT LOT 3 A C2j2 ~6S r" POINT OF COMMENCEMENT FOUND RAILROAD SPIKE L271 NO IDENTIFICATION L270 ~ LINE TABLE ~26g x-26 po° o~ LINE BEARING DISTANCE LINE TABLE 9~F Less sos'31'3s"E 27.13' LINE BEARING DISTANCE 0~ ~O 0 ~ L267 563'15'00"W 14.59' ,0 p. L243 N29'28'56"W 48.47' ~ L268 N87'S8'34"W 1.45' L244 N23'33'06"E 9.86' f0~ SOS L269 N81'43'35"W 4.00' L245 N06'S3'40"W 59.48' L270 N74'09'16"W 2.60' L246 N35'21'16"W 24.00' O~ L271 N66'34'10"W 4.01' L247 N89'S2'24"E 557.62' tl L272 N61'S8'11"W 5.17' L248 S69'47'S3"W 1.50' v~ L273 N5T08'40"W 52.53' L24g S20'12'07"E 21.28' L274 N4138'47"W 51.89' L250 S20'12'07"E 7.41' 2~ L275 N36'10'40"W 70.64' L251 820'12'07"E 3.30' L276 N47'S7'28"W 75.79' L252 S39'S2'02"W 15.39' L277 N48'32'22"W 5.25' L253 521'59'54"W 20.50' L278 N57'08'74"W 5.25' L254 802'08'31"W 20.53' L279 N61'26'10"W 45.00' L255 817'42'82"E 20.53' L280 N65'S6'16"W 41.67' L256 53734'15"E 20.53' L281 N70'13'41"W 48.43' L257 557'25'38"E 20.53' L282 N77'16'33"W 62.47' L258 577'47'19"E 20.71' L283 N83'O5'40"W 67.48' L259 809'88'07"E 20.18' L284 N75'28'S7"W 54.07' L260 S03'21'40"E 39.64' L285 N71'07'25"W 43.22' L261 832'86'08"E 45.71' L286 N80'16'20"W 55.06' L262 521'23'59"E 42.53' L287 N82'O6'21 "W 37.03' L263 S26'12'27"E 68.95' L288 S43'28'28"W 18.14' L264 50721'34"E 26.42' L289 575'55'17"W 17.53' L265 548'24'31"E 40.78' SHEET 3 OF 3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NOT VALID WITHOUT ALL SHEETS CHRISTIAN FENEX AND ASSOCIATES, LLC. o PROFESSIONAL SURVEYING AND MAPPING m o~ ENVIRONMENTAL CONSULTING ~ 1657 S. DIXIE HIGHWAY, STUART, FLORIDA ~ _ P.O. BOX 2533, PALM CITY, FL 34991 PLAT BK. PG. DATE OF SKETCH FIELD SURVEY DATE F.B. PG. SCALE W.O.# ~ o PH.(772)283-2977 FAX.(772)283-2979 ~ LICENSED BUSINESS#6858 N~A 10/18/06 N/A N/A NONE 205055 G7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION j~ P~C~ g50-0ga~e DRIVEWAY CONNECTION PERMIT SYSTEMS PLANNING FOR ALL CATEGORIES PART 1: PERMIT INFORMATION APPLICATION NUMBER: n r~ Q~ n_ n A/ a Permit Category: Vehicular Access Connection ~ Access Classification: Y _ Project: Sunset Beach Permittee: Sunset Beach Investments LLC Section/Mile Post: 'Z~ ~ ~3~ ~ State Road: l A1A Section/Mile Post: State Road: PART 2: PERMITTEE INFORMATION Permittee Name: Sunset Beach Investments LLC Permittee Mailing Address: 207 Carson Creek Drive City, State, Zip: Dawsonville GA 30504 Telephone: (706) 429-6278 Engineer/Consultant/or Project Manager: Kimley-Horn & Associates Inc Engineer responsible for construction inspection: Jeffrey B. PalmQUist P.E NAME 63110 P.E. # Mailing Address: Suite 103 10521 S.W. Villa e Center Drive City, State, Zip: Port St. Lucie Florida 34987 Telephone: (772) 345-3800 Mobile Phone PART 3: PERMIT APPROVAL The above application has been reviewed and is hereby approved subject to all Provisions as attached. Permit Number: _ O b A ~4 9 0- 0~ b 2 De rtment of Transportation Signature: Title: Roger G. LaLanne, P.E. Department Representative's Printed Name IS rIC Temporary Permit ~ YES ~ (If temporary, this permit is only valid for 6 months) JUI ~ ili"1 Special provisions attached ~ YES ~ Date of Issuance: ~ y` If this is a normal (non-temporary) permit it authorizes construction for one year from the date of issuance. This can only be extended by the Department as specified in 14-96.007(6). See following pages for General and Special Provisions 850-040-18 ' SYSTEMS PLANNING -08/08 Page 2 of 3 PART 4: GENERAL PROVISIONS 1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work. Phone: ~j f . 2~"{~j . ,Attention: ~ rj~~'p 2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection construction. 3. Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic. 4. Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements. 5. All work performed in the Department's right of way shall be done in accordance with the most current Department standards, specifications and the permit provisions. 6. The Permittee shall not commence use of the connection prior to a final inspection and acceptance by the Department. 7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction. 8. If a Significant Change of the permittee's land use, as defined in Section 335.182, Florida Statutes, occurs, the Permittee must contact the Department. 9. Medians may be added and median openings may be changed by the Department as part of a Construction Project or Safety Project. The provision for a median might change the operation of the connection to be for right turns only. 10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department. 11. All approved connection(s) and turning movements are subject to the Department's continuing authority to modify such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 12. Transportation Control Features and Devices in the State Right of Way. Transportation control features and devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may install, remove or modify any present or future transportation control feature or device in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. 13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance, or continuing existence of the connection facility,except that the applicant shall not be liable under this provision for damages arising from the sole negligence of the Department. 14. The Permittee shall be responsible for determining and notify all other users of the right of way. 15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit. 1 1 850-040-18 SYSTEMS PLANNING - 06(06 Page 3 of 3 PART 5: SPECIAL PROVISIONS NON-CONFORMING CONNECTIONS: Q YES • NO If this is anon-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this permit. 1 The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit Category on page 1 of this permit, or as specified in "Other Special Provisions" below. 2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available in the future. OTHER SPECIAL PROVISIONS: PART 6: APPEAL PROCEDURES You may petition for an administrative hearing pursuant to sections 120.569 and 1.20.57, Florida Statutes. If you dispute the facts stated in the foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57(1) Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.57(2), Florida Statutes. You must file the petition with: Clerk of Agency Proceedings„ Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 The petition for an administrative hearing must conform to the requirements of Rute 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain: 1. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any, which shall be the address for service purposes during the course of the proceeding. 2. An explanation of how your substantial interests will be affected by the action described in the Notice; 3. A statement of when and how you received the Notice; 4. A statement of all disputed issues of material fact. If there are none, you must so indicate; 5. A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency's proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or modification of the agency's proposed action; 6. A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency's proposed action, If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department. Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an adminstrative hearing is not affected when mediation does not result in a settlement. Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you wilt have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and fnal. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 950-040-15 DRIVEWAY/CONNECTION APPLICATION SYSTEMS PLANNING . FOR ALL CATEGORIES O4,a3- Pa 1 W 3 OFFICE USE ONLY Application Number: ~T1j Q n ~ ~ ~ Received By: r~ v ~T FDOT STAFF (TYPE OR PRINT) Category Date: ~ - - ~j Section/ Mile Post: ~7~J ~ ~y- T State Road: Section/ Mile Post: State Road: Instructions - To Applicant • Contact the Department of Transportation to determine what plans and other documents you are required to submit with your application. • Complete this form (some questions may not apply to you) and attach all necessary documents and submit it to the Department of Transportation. • For help with this form contact your local Maintenance of District Office. • Or visit our website at httD://wwwl1.mvflorida/com/onestooaermitting/ for the contact person and phone number in your area. • You may also email - drivewavC~dotstate.fl.us • Or call our District or local Florida De artment of Trans ortation Office and ask for Drivewa Permits. Please rint or e APPLICANT: Check One: 00wner Lessee Contract to Purchase Name Sunset Beach Investments, LLC Responsible Officer or Person: Claude Sims If the Applicant is a Company or Organization, Name Address: 207 Carson Creek Drive City, State: Dawsonville, GA Zip: 30504 Phone: (706) 429-6278 Fax: (706) 216-1999 Email: LAND OWNER: (if not applicant) Name If the Applicant is a Company or Organization, Name Address: City, State: Zip: Phone: Fax: Email: JUL 1 0 ~00~ D~~T. ~¦9 a S:\041\041124 Sunset beach\ADMIN\Apps\FDOT\Drive\Drive Conn ApF.doc ` 0 6 A q D- O~ ~S ~ eso-oaais Y MS PLANNING 04/03 Page 2 of 3 AUTHORIZED REPRESENTATIVE: If specified by Applicant to handle, represent, sign, and file the application - NOTE: A notarized letter of authorization must be provided with the Application Name Company Name: Address: City, State: Zip: Phone: Fax: Email: Address of property to be served by permit (if known): If address not known, provide distance from nearest intersecting public street (such as, 500 feet south of Main St.) SR A1A, a roximatel 2.85 miles south of Blue Heron Blvd. Check here if you are requesting a riew driveyra tem ora drivewa modification to existin drivewa safe u rade Does the property owner own or have any interests in any adjacent property? 0 No Yes, if yes -please describe: Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the property? 0 No Yes, if yes -list them on your plans and indicate the proposed and existing access points. Local Government Development Review or Approval Information: Local Govemment Contact: Name: Craig Hauschild P.E. Government Agency: St. Lucie Countv Phone {772) 462-1712 JUL 1 ~ 2006 .1~~~ ~ DIST S:\04]\041124 Sunset Beach\ADMIN\Apps\FD011Drive\Drive Conn App.doc ' / 850-040-15 0 6 A 4 9 0- o o V aYSTEMS PLAN 03 Page 3 of 3 If you are requesting commercial or industrial access, please indicate the types and number of businesses and provide the floor area square footage of each. Use additional sheets if necessary. Business (Name and Type) Square Footage Business (Name and Type) Square Footage 1. 3. 2. 4. If ou are re uestin a residential develo ment access, what is the a sin le famil , a artment, townhouse and number of units? Type Number of Units Single Famil ~ Provide an estimate of the daily traffic volume anticipated for the entire property at build out. (An individual single family home, duplex, or quad- plex is not required to complete this section). iyTra~fi~l1sfimat~=.590~~teased Dn 54Dvtirelling Umts}, (Use the latest Institute of Transportation ;Engine,ers(iTE) Trip Genera~tion~epi~rt} If you used the ITE Trip Generation Report, provide the land use code, independent variable, and reference page number. ...c Eu~arid;Use Code (ndepe°fia'~~f~e ~'~~(?epoiia'go' number re}'e~ence, 210 Per Dwell ~~1t~it 2~t~ ~,~~tion Check with the Florida DOT Office where you will return this form to determine which of the followin documents are re wired to com lete the review of our a lication. Plans should be 11" x 17" (scale 1" x 50') Note: No plans larger than 24" x 30" will be accepted f) Proposed access design a) Highway and driveway plan profile g) Parcel and ownership maps including easements (Boundary Survey) b) Drainage plan showing impact to the highway right-of-way h) Signing and striping plans c) Map and letters detailing utility locations before and after i) Traffic Control/Maintenance of Traffic Plan Development in and along the right of way d) Subdivision, zoning, or development plans e) Property map indicating other access, bordering roads and street. Important Notices to Applicant Before Signing Application: The Department Reserves The Right To Change Traffic Features and Devices in Right Of Way At Any Time Proposed traffic control features and devices in the right of way, such as median openings and other traffic control devices, are not part of the connection(s) to be authorized by a connection permit. The Department reserves the right to change these features and devices in the future in order to promote safety in the right of way or efficient traffic operations on the highway. Expenditure by the applicant of of monies for installation or maintenance of such features or devices shall not create any interest in the maintenance of such features or devices. Significant Changes in Property Use Must Undergo Further Review If an access permit is issued to you it will state the terms and conditions for its use. Significant changes in the use as defined in Section 335.182(2)(b), Florida Statutes, of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. All Information I Give I s Accurate I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief, such information is true, complete and accurate. Starting Work On The Driveway Connection After I Get My Permit Means 1 Accept All the Conditions In My Permit I will not begin work on the connection until I receive my Permit and I understand all the conditions of the Permit. When I begin work on the connection, I am accepting all conditions listed in m Permit. Applicant Name (Printed): Cla i s Ma a in 'tuber A licant's si nature: % Date S . ~aG JUL 1 0 200E T. 1 ®IS S:\041\041124 Sunset Beach\ADMIN\Apps\FDO'[1Drive\Drive Conn App.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RECEIPT OF CONNECTION APPLICATION esa-o4als AND FEE (OR WAIVER OF FEE) SYSTEMS PLANNING ~ 04/03 IMPORTANT NOTE: Even though your application has been accepted, it may not be complete. We will contact you if more information is needed. (1) APPLICATION NUMBER: 0 6 A 4 9 0- 0 0 6 2 APPLICANT: (2) Name/Address Sunset Beach Investments, LLC 207 Carson Creek Drive Dawsonville, GA 30504 (3) Project Name: Sunset Beach VEHICLES PER DAY FEE (4) Fee Category A 1-20 $50.00 ® Category B 21-600 $250.00 Category C 601-1,200 $1,000.00 Category D 1,201-4,000 $2,000.00 Category E 4,001- 10,000 $3,000.00 Category F 10,001 - 30,000 $4,000.00 Category G 30,001 + $5,000.00 Temporazy $250.00 Safety NO FEE Government Entity NO FEE (5) Application Fee $ (6) Fee Collected By Collected i~ aS-p , Payment: Certified Check Money Order Name s Check (PRIN Check Number Signatu p Cash Date District Unit (7) Receipt Given Back to Applicant Via O Hand Delivery O Mail O Courier Service O Other Applicant (or Agent) Signature (if available) This form bears your application number and serves as your receipt. (8) If fee is waived, ive justification below or on separate sheet. FOR AGENCY USE ONLY -ATTACH COPY OF CHECK ON THE NEXT PAGE Make Checks Payable to: State of Florida Department of Transportation S:\04)\041124 Sunset BeachWDMI1V\Apps\FDOT\Dnve\Drivc Conn App Fec.doc 06A490-OOb~ ' ~???~J ??~..~~?r'/.f~f der/.~ i~?„/J/I /.f~?r ? J ~ ~ ? ti i . / ~ - /l1. .fir ' ~I C / r ~ ~ ~ ~ .-a k J "'`~+.'M~~ ,~1 ~ ! \~~ti`~ , III r~ v r , wry ? y~ rl.~'/,f^J~~? r ? '~/`rr'r?'/",/~ fs . 1 \ h"t: ~ , ti, na~7;~,, '~~~1~ "K1(i4~ ROB?<.', , VMS SPECIAL CONDITIONS PERMIT NO. 2006 A 490 0062 State Section No.: 94050 ? During construction, highest priority should be given to ensure pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans with Disability Act (ADA) standards. ? The D.O.T. right-of--way cannot be utilized for on-site construction. ? The D.O.T. roadway, sidewalk, etc. must not be disturbed until the off-site improvements shown on the permit are ready to be constructed. This construction should be completed as soon as possible so as to minimize disruption within the R/W. ? A copy of this permit and plan will be on the job site at all times during the construction of this facility. ? Traffic Operation Plan (TCP) must be provided at the Pre-Construction meeting showing how the Contractor is going to protect the slopes and stabilization with sheeting or shoring. ? This permit is valid only for work proposed within the D.O.T. right-of--way. Contact Mr. FERNANDO OJEDA AT 772-633-5334 to schedule apre-construction meeting. APre- Construction Meeting is required and must be scheduled two weeks before starting construction. Certification acceptance and final approval is contingent upon conformity of all work done according to this permit. ? Permittee is cautioned that utilities may be located within the construction area. ? Validity of this permit is contingent upon permittee obtaining necessary permits from all other agencies involved. ? Before beginning any work the signal maintaining agency must be notified to establish the location of any signal loops, wires, system communications, etc. ? Contain all erosion and sedimentation on-site and prevent its entry into the state road storm sewer system. ? Give Special attention to MOT note instructing that the local media shall be contacted a week prior to any lane closures on the state road system if it will occur during peak hours or over the span of more than one day. Contact Barbara Kelleher, FDOT Public Information Office at 954-777-4090 for guidance on who to contact. Provide a copy of the press release to: Florida Department of Transportation Public Information Office 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309 "Collins, Donna" To Josette M Amitirigala <josette.amitirigala@dot.state.fl.us> <Donna.Collins@dot.state.fl.u s> cc "Kowalski, Joe" <Joe.Kowalski@dot.state.fl.us>, "Warrick, 11/15/2007 02:52 PM Benjamin" <Benjamin.Warrick@dot.state.fl.us> bcc Subject Sunset Beach Investment -Permit 2006-A-490-0062 The LOC has been accepted. Please let Ben Warrick, Joe Kowalski and me know when this project has been completed and accepted so we may release the LOC. Thank You, Donna Collus Admiinstrative Assistant Department of Tr-a~isporta[iou Generil Accounting Office, MS 42B Phone: (850) 41 ~4863/Fax: (8,50) 414-4891 donna.collinsC~dot.state,ll.us Kimley-Horn ~ and Associates, Inc. SUNSET BEACH ROADWAY (A1A) IMPROVEMENTS ¦ FDOT Permit No.: 2006A4900062 suite l03 10521 S.W Village Center Drive Port St Lucie, Florida OPINION OF PROBABLE PROJECT COST 3as67 ROADWAY, DRAINAGE, UTILITY "Since the Engineer has no control over time, labor and material cost furnished by others, or over methods of determining prices, or market conditions, all opinions rendered herein as to cost, represent its best judgement; the Engineer does not guarantee that actual cost will not vary from opinion of cost." 12/5/2006 ITEM NO. ROADWAY ITEMS Quantity Unit Unit Cost Total 101-1 Mobilization 1 L5 $20,000.00 $20,000.00 102-1 Maintenance of Traffic 1 LS $20,000.00 $20,000.00 104 Erosion Control 1 LS $10,000.00 $10,000.00 110-1-1 Clearin & Grubbin 0.76 AC $9,000.00 $6,840.00 120-6 Embankment 180 CY $15.00 $2,700.00 160-4 T e B Stabilized Sub rade 12" 3686 SY $2.50 $9,215.00 285-701 O tional Base Base Grou 1 1090 SY $12.00 $13,080.00 285-709 O tional Base Base Grou 9 1948 SY $17.00 $33,116.00 331-2-1 T e S As haltic Concrete 1" 55 TN $120.00 $6,600.00 331-2-2 T e S As haltic Concrete 3" 313 TN $120.00 $37,560.00 339-1 Miscellaneous As halt Pavement 2 TN $250.00 $500.00 522-1 Concrete Sidewalk, 4" thick 13 SY $35.00 $455.00 536-1-1 Guardrail Roadwa 38 LF $35.00 $1,330.00 536-85 Guardrail End Anchors a Assembl , T e SRT 350 2 EA $3,000.00 $6,000.00 575-1-1 Soddin Bahia 2878 SY $2.50 $7,195.00 700-40-1 Si n, Sin le Post 5 EA $250.00 $1,250.00 706-3 Reflective Pavement Markers 150 EA $5.00 $750.00 711-4 Directional Arrows Thermo lastic 4 EA $125.00 $500.00 711-7 Remove Existin Pavement Markin Thermo lastic 1800 SF $5.00 $9,000.00 711-35-61 6" Solid Traffic Stri e, Thermo lastic White 2302 LF $2.90 $6,675.80 711-35-121 12" Solid Traffic Stri e, Thermo lastic White 83 LF $1.50 $124.50 711-35-241 24" Solid Traffic Stri e, Thermo lastic White 14 LF $2.00 $28.00 711-36-61 6" Solid Traffic Stri e, Thermo lastic Yellow 5990 LF $2.90 $17,371.00 711-36-181 18" Solid Traffic Stri e, Thermo lastic Yellow 172 LF $2.00 $344.00 Roadway Total 5210,634.30 Engineer of Record: Jeffrey B. Palmguist, P.E. P.E. No.: 63110 RECEIVED ~ 2 (S~(~( DEC 0 7 2006 ¦ DIST. IV -PERMITS TEL 772 345 3800 FAX 772 286 0138 Sunset Beach Offsite OPC-tO1B06.xls ~ of ~ FIRST . .FLORIDA BANK IRREVOCABLE STANDBY LETTER OF CREDIT ISSUER: FIRST FLORIDA BANK PLACE FOR PRESENTATION OF DRAFT: First Florida Bank 8850 Tamiami Trail North Naples, Florida 34108 APPLICANT: Sunset Beach Investment Limited BENEFICIARY: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION OFFICE OF COMPTROLLER MS 42B, 605 SUWANNEE STREET TALLAHASSEE, FLORIDA 32399 LETTER OF CREDIT NUMBER: 07-01-23-07 PLACE AND DATE OF ISSUE: NAPLES, FLORIDA, JUNE 13, 2007 AMOUNT: $210,634.30 EXPIRATION DATE: DECEMBER 13, 2008 The Issuer hereby issues this Irrevocable Standby Letter of Credit in favor of the State of Florida, Department of Transportation, for any sum or sums up to the aggregate amount of Two Hundred Ten Thousand, Six Hundred Thirty Four Dollars and Thirty Cents United States Dollars ($210,634.30), available by draft at sight drawn on the Issuer. Any draft under this Credit shall: 1. Identify this Irrevocable Standby Letter of Credit by the name of the Issuer, and the Letter of Credit number, amount, and place and date of issue; and Z. State one of the following: "This drawing is due to Sunset Beach Investments, LLC failure to perform certain obligations under agreement Permit #2006A4900062 between Sunset Beach Investments, LLC and the State of Florida, Department of Transportation." or 6150 Diamond Centre Court, Unit 1101, Fort Myers, Florida, 33912-7135 "This drawing is being made because the Issuer of the Letter of Credit upon which draft is made has failed to maintain the financial or organizational requirements established in Rule 14-116, Florida Administrative Code." or "This drawing is being made because we have been notified that the Letter of Credit will not be renewed beyond the current expiration date and a satisfactory replacement has not been provided as of 14 days prior to the current expiration date." All drafts will be honored if presented to First Florida Bank, 8850 Tamiami Trail North, Naples, Florida 34108 on or before 18 months or any extended expiration date. This Letter of Credit shall be automatically extended for successive periods of one year, without amendment, from the stated expiration date and each extended expiration date unless we send the State of Florida, Department of Transportation written notice of our intent not to renew the credit; which notice must be sent at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term, by registered or certified mail, to the Comptroller of the Florida Department of Transportation at the Office of Comptroller, Mail Station 42B, 605 Suwannee Street, Tallahassee, Florida 32399, or any other address specified in writing by the Comptroller, Florida Department of Transportation. Notice to the State of Florida, Department of Transportation that this Letter of Credit will not be renewed, shall be deemed a default. This Letter of Credit is subject to the rules of the "International Standby Practices" ISP98, if a conflict between ISP98 and Florida law should arise, Florida law shall prevail. Issuer: FIRST FLORIDA BANK i f By: ~ ' STA AND ZE KI EXECUTIVE VICE PRESIDENT 2 8/ 6/'07 MON 21;08 ( 119546777893 ~ 2/ 8 vnns IqR~ STATE OF FLORIDA DEPARTMENT OP TAANSPORTAnoN FOAM 592-12 DRAINAGE CONNECTION PERMIT APPLICATION VI~I~$ ROADWAY DFStGN Ta be completed by DOT AR~ ,on6 Drainage Connection Permit Application No. V 6 ~ ~ 9 Q Q ~ ~ ~ Date ~ ~ 7~` Received By ,~..''T~ ~ ~7-~~~~ Mauttet>auce Unit State Road No. Construction Project No/. ~Q Section No. _ ~'T".,~ ~ Station 6 / ~ , ~/'~y~~ FxoM rr, Milepost a, -r-r-_ To be completed by Applicant Applicant's Name: Sunset Beach investments, LLC Address: 207 Carson CYeek T)r. _ (70G) 429-G278 STREET ~ 1'F.t.F,PHONE N0. Dawsonvi[]e Dawson GA 34504 ~'iTY' COUNTY ~ STATE ZIP Project Name: Sttnset Beach Location: E Sidc of SR A 1 A 2.85 miles S of Blue S.R. AIA Heron Blvd. ~ tiTRF.F,T' SR. N(7. US HWY NQ. (:ITY St. Lucie 29 35S 41E COIJN'I~Y SECTION(S) 'fOWNSHIP($) RANCI3(S) T3rief ll~seription of Activity Proposed; Drainage work associated with construction of a driveway connection on SR A 1 A for single family subdivision briefly llcscrihe Wiry This Activity Requires a Drainage Connection Permit: (include Where rite Stormwatcr Will Discharge) The site wilt connect to FDOT maintained S.R. AIR. (D~•-I' ~eN1~9t~., NOTE: Rule Chapter 14-86.UU4 specif er the exact darn requirements, which cunstitute a complete application. This,form must be submitted with all the required items in quadruplicate. These include: A~davit u/'O>,~nership nr Control Location Mup Legal Description Grading ~'lu» Statement of Cantigunu.c Interest Soil Borings Computations Water '!'able/Percolation C'ettificntion Permit Forni S>2-13 Photugrnphs oJ'ExistinA Conditiuns Please stark !tc?ns which have been suhmitted I IiEREBY CERTIFY THAT THE INFORMATION SUBMITTED IN THIS APPLICATION [S C'UMPLETE, ACCURATE, AND INp1t:'ATIVE OF THE ACT iTY AND OF THE EXISTING AND PROPOSED DRAINAGE/STORMWATER MANAC]i;MENT FEATtIRES AND PATT ~ ~ APPLICANT ~ ' L; (SIGN) Claude Sims, Maoa ui Member _ 207 Carson Creek Drive _ NAME (MAILfNG ADUkP.SS) 5TRIIHT Dawsonvillc (UA 3x504 CITY - ~ STATE - 2:IN (706)429-6278 !~n rF. ~ - TeL6PHON6 If this application is signed by a representative of the applicant, a letter of authorization from the pemlittee must be attached. 9 10A110/1 i21 Sunset BemhUnMlTnAvPe1F+DOT~lkainye\t)t~indet <:unn App (arts 592 12.doc 8;! 6%'0' MON 21;08 )~9~4o???S9~ # ?i' 8 obo~9o-00~~ Fi.ORIDA DEPARTMENT OF TRANSPORTATION ENGINEER' S CERTIFICATION for nRATNAGE CONNECTION PERMITS Project Name Sunset Beach Project Location E Side of SR A 1 A 2.85 miles S of i3Jue Heron Blvd. County St. Lucie State Road Numher SR AlA Applicant's Narne Sunset Beach Investments, LLC In accordance with Florida Administrative Code (F.A.C.) Rule 14-86, Drainage Connections, ] hereby certify that the following requirctnents have been or will he met. 14-86,U(13(3}(a)3: The quality of water conveyed by the connection meets all applicable water quality standards or minimum desibn and performance standards. 14-86.004(4)(8): The complete set of plans and computations comply with ® 14-86,OU3(3)(a), or' ? 14-RG.UU3(3)(b). (check one) I further certify that a National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges associated with industrial activity from construction saes ®is required, ~ is not required. (check one) I am aware that there are significant penalties for submitting false information, including the rossibility of fines and imprisonment. This certification shall remain valid for any subsequent revision or submittal of plans, computations or other project documents. Signature Namc (typed) G, Mark Brockway, P.E. Uate ~r=r~: -AF~IX SEAL- C)istrict staff to forward a completed copy to [he Clislrict NPDES Cpordinator $'(041041124 Sunxcl BexchWDh41N1Ap p51I11)0"~\UI'UIIIII(;C1CCf11liculiun.Ju (ktaber 1 L. 2005 8/ 6/'.07 MOM 21;08 1 .119546777893 # 4/ 8 STATP OF FLARIUA Ue;PARTMGNTOF TRANSPORTATION FORM 392.13 DRAINAGE CONNECTION ~'ERMIT ROADWAY ni:SrGN 10lA(S P~B~ 1 of 3 Tn be completed by DCfT L Q n Drainage Connection Permit Application No, _ y D ~ 7 ~ D U State Road No, Construction Project No. ~ Q Section No. ~7' [.J Station f 3, //1,,~,iy~ FROM T Milepost ~ _ To be completed by Applicant I. Claude Sitits, Mana ing Mcmbcr of 5uns~t Tieach Investments, LLC 706 429-6278 (NAMF, OF APPLICANT) (TFI..F,PHONE NO.) 207 Carson Crtek Drive Dawsonville C;A _ 30504 (MAILING ADDRESS) (CITY) (STATE) (7.rP) having tead the terms and conditions which follow, request permission to constntet and operate a drainage connection between (DESCRTT3F. YOUR FACILITY) construction of driveway connection ou SR ATA for a prnposed single family subdivision. and the facilities of t}te Department of Transportation by construction oi' a (DESCRTAF, PROPOSED C'UNNLCTIUN) Two-lane driveway connection rvlth center median and addition of left-turn lane to S.R. AlA on the Department's right of way at the following location: East side of SIt AlA, approxirrtately 2.85 tniles south of Blue Heron Blvd. yn Slate Road No. p 1 A U.S. Highway No, County St. Lucie 6/~5? MON 21:08 I )19~46~77893 >Y 5/ 8 ' FORM 59'1-13 knAUWAY Ulr$IGN. INtteS Page 2 of 3 06D~49Q-003' To be completed By DOT 1. This pemvt is a license for permissive use only and does not convey any property rights either in real estate or material, or any exclusive privilege and it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State or local laws or regulatio[ts; nor does it obviate the necessity of obtaining any required state or local approvals, 2. The drainage connection as authorized herein shall be constructed and thereafter maintained in accordance with the documents attached hereto and incorporated by reference herein. All construction on the Department's right of way shall conform to Uepartrrlent specifications and the llcpamnent's manual on'I'raftic Controls and Safe Practices for Strcct and Highway Construction, Maintenance and Utiliry Qperation. Such construction shall he subject to the supervision and approval of the Department, and the Department may at any time make such inspections as it deems necessary to assure that t}~c drainage connection is incompliance with this permit. 3. The entire expense of constn?ction within the llepartmcnt right of way, including replacement of existing pavement or other existing feattues, shall be borne by Q[e petrnittce. 4. The pernuttee shalt maintain that portion of the drainage connection authorized herein located on lus property in good condition. The Department shall maintain that portion of the drainage connection authorized herein located within its right of way. 5, if the drainage connection is not constructed, operated or maintained in accordance. with this perrrvt, the permit maybe suspended or revoked. In this event modification or removal of any portion of the drainage connection from the Department's right of way shall be at the pcrmittce's expense, 6. The Department reserves the right to modify or remove the drainage connection to prevent damage or in conjunction with road improvements. 7. The permittee shall make no attempt to forbid the full and free use by the public of all navigable waters at or adjacent to the drainage corutection. S. It i understood and asreed that the rights and privileges herein set out are granted only to the extent of the Department's right, title, and intcrest in the land to be entered upon and used by the pcrmittee, and the pernuttee will, at all times, assume all risk of and indemnify, defend and save harmless the Department from and against any and all loss, damage, cost or expense arising in any manner nn account of the exercise or attempted exercises by said pentuttee of these rights and privileges, regardless of the respective degrees of fault of the parties. 9, Tt[e permittcc shall notify the Department of Transportation Maintenance Office located at 24 hours in advance of starting al VMS INC.772-299.1554 [na also 24 hours prior t4 any work within the right of way. Construe n days aflcrsuchnotification. if such work is not completed withi[, pNW1 1WN11bAUVl1, u,~ Nc~~wucc snau nonry the Department of the anticipated completion date. 10. Utilities, including gas lints, may be located within the right of way. Prior to beginning work the pernuttee shall contact the Clerk of the Circuit Court for the name, address, and telephone ntunber of any gas line owner who will provide information upon request on possible eontliets between the gas line and the pernvttec's drainage connection, The pemuttee shall also locate all utilities and obtain information from utility owners as to possible conflicts between utilities and the drauuige eonncction. The perrnittee shall be solely responsible Cor any damage to or conflicts with gas lines, utilities andlor third persons, 11. This permit shall expire if constnlction on the drainage connection is not begun within one year from the date of approval and if construction on the drainage eonncction is not completed by (Date) 12. All the provisions of this permit shall be binding on any assignee or successor in intcrest of the penruttee. 8,' 6i ~ ~ ~ MOIV 21:08 ! 1 1 9546. ?'99? # 7i fi Ob~494_Q~~~~ S'1'n'1'1?MEN'I' OIL ('ON`I'IGUOUS IN'I'ERES'!' APPLICANT: _ Sunset Reach Investments, LLC; PROJECT NAME: Sunset Heach NkUJ!?C"I' LOCATION: East Side of SR A_lA approximately 2.85 miles south of 131ue Heron Blvd COUNTY; St. Lucie STAT?? ROAD NUMBER; SR A 1 A 1,6GAL DESCKll''I'!UN OP TIIL PROPERTY OWNED BY APPLICANT: (AS PER ORB. 1141, PAGR 0257) GUV7' LU7'S 2 8r. 3 - LESS Al A & LESS N. 938.4 F'I' OP GOVT LOT 2 - (35.13 AL), SECTION 29, TOWNSHIP 355, RANGE 41r:. I CP:RTIFY THA"1' TEIE T(~TA1, CONTIGUOUS PROPERTY OWNED OR CONTROLLI?ll IS AS DES~:RIBF.D AROVE, AS SHOWN UN THF, .PROJECT'S CONSTRUCTION PLAN, AND AS FULLY DESCRIBED !iY LEGAL DESCRIPTION IN "i'11E StIRVF.Y AND iN THE O OF OWN1rRSI SIGNED: L ~ NAME/TITLE: Claude Sims, Managing Member ADDRrSS: 207 Carson Creek Dr.; Dawso ille, GA 30504 7 WITNF..',SF.D BY: (Mailing addreaS) (City) (Stat.c) (Zip) S1~Ogl\I)ql IZ4 Sunxcl BcachUDMIN\Appb\RGO'f~Ulalnogt\S19lGltknl of l'unliguuux Interest .JiK~ 8~ 6/'07 MOM 21;08 ( 119546777893 # 8/ 8 ~i~i:~~y~J-~~0~.~ AFFIDAVIT OF PROPERTY OWNERSHIP OR CONTROL 1n accordance with Rules of the Department of'I'ransporiation, Chapter 14-86.004(4) a; I, Claude Sims, Managing Member of Sunset Beach Investments, LLC who resides at 207 Carson Crcck Drive; Dawsonville, GA 3050.4 ceirtify that I own or control the following described property: (AS PER ORB. l 141, PAGE 0257) GOVT LOTS 2 & 3 - LESS AlA & LESS N. 938.4 (;T OF GOVT LOT 2 - (35.13 AC), SECTION 29, TO SH1P 35S, RANGE 41 E. 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Site/Project Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 I-East FLUCFCS code Further classification (optional) Impact or Mitigation Site? Assessment Area Size 612 -Mangrove Swamp Impact 0.67 AC Basin/Watershed Name/Number Affected Waterbody (Class) Spedal (rlaSSlflCatlOn (i.e. OFW, AP, other local/state/federal designation ofimportance) Indian River Lagoon Basin Class III-mosquito impoundment N/A Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands The subject site is located on South Hutchinson Island in unincorporated St. Lucie County (Section 29, Township 35 South, Range 41 East). There are two mosquito impoundments located to the east of A1A, which are actively managed by St. Lucie County. The mosquito impoundments are hydrologically separated from a saltwater basin (SWt) by a man-made berm. The SW1 is connected to the Indian River Lagoon (IRL) via an onsite culvert which allows tidal fluctuations to occur across AtA. The two mosquito impoundments have no direct onsite connection to the IRL. The two mosquito impoundments functions and values are typical of the area, and therefore were assessed as one wetland for the UMAM. Assessment area description 612-Mangrove Swamp. The two onsite mosquito impoundment located east of A1A are hydrologically isolated from the onsite SWt area. The mosquito impoundments are connected to the IRL via offsite culverts. The primary species observed are red mangroves (Rhizophora mangle) with less than 1 % white mangroves (Laguncularia racemosa) and black mangroves (Avicennia germinans The mangroves observed within these areas are smaller in size (trunk and root diameter) and are less dense (fewer per area) compared to the mangroves located adjacent to the SW1. Tidal fluctuation was less than one foot because the mosquito impoundments are actively managed by St. Lucie County. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape. ) The mosquito impoundments have no direct connection to the IRL via the The mosquito impoundments are not unique to the regional area nor subject property, but per St. Lucie County Mosquito Control, are connected to Hutchinson Island. There are numerous mosquito impoundments to the IRL via offsite culverts. throughout coastal and inland Florida. Functions Mitigation for previous permiUother historic use The mosquito impoundments may provide areas of cover, substrate, refuge, food chain support, and natural water storage; however, due to Mosquito Control Management flushing is minimal and detrital material accumulates N/A and causes a significant loss of wildlife utilization. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found) assessment area) Species State Federal mangrove rivulus (Rivulus marmoratus) SSC n/ roseate spoonbill (Ajaia ajaja) SSC n/ little blue heron (Egretta caerulea) SSC n/ reddish egret (Egretta ruferscens) SSC nl snowy egret (Egretta thula) SSC n/ tricolor heron (Egretta tricolor) SSC n/ The mosquito impoundments may be utilized by wading birds, osprey, white ibis (Eudocimus albus) SSC n/ raccoons, bobcats, mangrove crabs, and land crabs. American oystercatcher (Haematopus palliates) SSC n/ wood stork (Mycteria americana) E E brown pelican (Pelecanus occidentalis) SSC n/a The species listed above may use the impoundments for cover, substrate, refuge, and food chain support; however, due to Mosquito Control Management flushing is minimal and detrital material accumulates and causes a significant loss of wildlife utilization. Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): During the field reconnaissance the following was observed: osprey (Pandion haliaetus), fiddler crab (Uca pugnax), mangrove crab (Aratus pisonii), land crabs (Cardisoma spp.), white ibis (Eudocimus albus), and raccoon (Procyon /otor) tracks. Additional relevant factors: N/A Assessment conducted by: Assessment date(s): Ted Kendziora, Jennifer Simpkins, REP 8/24105, 10/06105, 09/17/07 Form 62-345.900(1), F.A.C. [effective date 02-04-2004 ] PART II -Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 I-East Impact or Mitigation Assessment conducted by: Assessment date: Impacts Jennifer Simpkins, REP, Ted Kendziora January 12, 2006 Scorin Guidance Optimal (10) Moderate 7j Minimal (4) Not Present 0) The scoring of each Condition is less than indicator is based on what Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to would be suitable for the supports wetland/surface maintain most wetland/surface water provide wetland/surface type of wetland or surface water functions wetland/surface water functions water functions water assessed functions 500(6)(a) Location and The two mosquito impoundments are isolated from each other by a man-made berm and a salt water basin. The Landscape Support mosquito impoundments are not connected to the onsite salt water basin. The mosquito impoundments are connected to the India River Lagoon via offsite culverts. The uplands surrounding the assessment area are dominated by invasive and exotic vegetation. The proposed development will impact 2.69 acres of the mosquito impoundments. /o pres or current with 6 0 500(6)(b)Water Environment (n/a for uplands) The mosquito impoundments are actively managed by St. Lucie County. The County controls the tidal fluctuations via offsite culverts. Due to the distant locations of the offsite culverts, flushing of the mosquito impoundments is not efficient and water clarity, biolggical functions, and wildlife utilization have been negatively impacted. The proposed development will construct vertical bulkheads along the access roadway and the western side of the residential lots that will impact wetlands. /o pres or current with 6 0 500(6)(c)Community structure The mosquito impoundments are dominated by red mangroves (Rhizophora mangle) which are smaller in size and 1. Vegetation and/or less dense compared to the mangrove fringe along the saltwater basin and immediately adjacent to the Indian River 2. Benthic Community Lagoon. Invasive and exotic vegetation was limited due to the saturated soils. The proposed access roadway and residential lots will impact 2.69 acres of mosquito impoundment mangroves. /o pres or current with 6 0 Score =sum of above scores/30 (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) Preservation adjustment factor = current FL = delta x acres = (0.6x0.67)=0.40 r w/o res with Adjusted mitigation delta _ 0.60 0.00 mi Aga wn For mitigation assessment areas Delta = [with-current] Time lag (t-factor) _ -0.60 Risk factor = RFG =delta/(t-factor x risk) _ Form 62-345.900(2), F.A.C. [effective date 02-04-2004] PART I -Qualitative Description (See Section 62-345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 M-East FLUCFCS code Further classification (Optional) Impacl or Mitigation Site? Assessment Area Size 612 -Mangrove Swamp Mitigation 7.8 AC BasiNWatershedName/Number AffectedWaterbody(Class) SpeCIalCIaSSlficatlOn(i.e.OFW,AP, other locallstateflederaldesignationo(importance) Indian River Lagoon Basin Class III-mosquito impoundment N/A Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands The subject site is located on South Hutchinson Island in unincorporated St. Lucie County (Section 29, Township 35 South, Range 41 East). There are rivo mosquito impoundments located to the east of Al A, which are actively managed by St. Lucie County. The mosquito impoundments are hydrologically separated from a saltwater basin (SW1) by a man-made berm. The SW1 is connected to the Indian River Lagoon (IRL) via an onsite culvert which allows tidal fluctuations to occur across A1A. The two mosquito impoundments have no direct onsite connection to the IRL. The two mosquito impoundments functions and values are typical of the area, and therefore were assessed as one wetland for the UMAM. Assessment area description 612-Mangrove Swamp. The two onsite mosquito impoundment located east of A1A are hydrologically isolated from the onsite SW 1 area. The mosquito impoundments are connected to the IRL via offsite culverts. The primary species observed are red mangroves (Rhizophora mangle) with less than 1 % white mangroves (Laguncularia racemosa) and black mangroves (Avicennia germinans The mangroves observed within these areas are smaller in size (trunk and root diameter) and are Tess dense (fewer per area) compared to the mangroves located adjacent to the SW 1. Tidal fluctuation was less than one foot because the mosquito impoundments are actively managed by St. Lucie County. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) The mosquito impoundments have no direct connection to the IRL via the The mosquito impoundments are not unique to the regional area nor to subject property, but per St. Lucie County Mosquito Control, are connected Hutchinson Island. There are numerous mosquito impoundments to the IRL via offsite culverts. throughout coastal and inland Florida. Functions Mitigation for previous permiUother historic use The mosquito impoundments may provide areas of cover, substrate, refuge, food chain support, and natural water storage; however, due to Mosquito N/A Control Management flushing is minimal and detrital material accumulates and causes a significant loss of wildlife utilization. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found) assessment area) Species State Federal mangrove rivulus (Rivulus marmoratus) SSC n/a roseate spoonbill (Ajaia ajaja) SSC n/a little blue heron (Egretta caerulea) SSC n/a reddish egret (Egretta ruferscens) SSC n/a snowy egret (Egretta thula) SSC n/a tricolor heron (Egretta tricolor) SSC n/a white ibis (Eudocimus albus) SSC n/a The mosquito impoundments may be utilized by wading birds, osprey, American oystercatcher (Haematopus palliatus) SSC n/a raccoons, bobcats, mangrove crabs, and land crabs. wood stork (Mycteria ameriCana) E E brown pelican (Pelecanus occidentalis) SSC n/a The species listed above may use the impoundments for cover, substrate, refuge, and food chain support; however, due to Mosquito Control Management flushing is minimal and detrital material accumulates and causes a significant loss of wildlife utilization. Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): During the field reconnaissance the following was observed: osprey (Pandion haliaetus fiddler crab (Uca pugnax mangrove crab (Aratus pisonii land crabs (Cardisoma spp.), white ibis (Eudocimus albus and raccoon (Procyon lotor) tracks. Additional relevant factors: N/A Assessment conducted by: Assessment date(s): Ted Kendziora, Jennifer Simpkins, REP 8/24!05, 10/06/05 Form 62345.900(1), F.A.C. [effective date 02-04-2004 ] PART II -Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) SitelProject Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 M-East Impact or Mitigation Assessment conducted by: Assessment date: Mitigation Jennifer Simpkins, REP, Ted Kendziora January 12, 2006 Scoring Guidance Optimal (10) Moderate(7) Minimal (4 Not Present (0) The scoring of each Condition is less than indicator is based on what Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to would be suitable for the supports wetland/surface maintain most wetland/surface water provide wetland/surface type of wetland or surface water functions wetland/surface water functions water functions water assessed functions .500(6)(a) Location and Landscape Support The two mosquito impoundments are isolated from each other by a man-made berm and the salt water basin. The mosquito impoundments will be connected to the onsite saltwater basin via culverts on the north and south side of the berm and six culverts are proposed under A1A which will increase flushing between the wetlands and the IRL. The assessment area will be maintained free of invasive and exotic vegetation. /o pres or current with 6 7 500(6)(b)Water Environment (n/a for uplands) The mosquito impoundments will be actively managed by St. Lucie County. The proximity of the new culverts and increased number of culverts will increase flushing in both mosquito impoundments. The increased flushing will likely positively effect water clarity, biological functions, and wildlife utilization. /o pres or current with 6 8 500(6)(c)Community structure The mosquito impoundments are dominated by red mangroves (Rhizophora mangle) which are smaller in size and 1. Vegetation and/or less dense compared to the mangrove fringe along the saltwater basin and immediately adjacent to the IRL. The 2. Benthic Community increased flushing will likely produce more preferable conditions for the mangrove system and increase functional value. The invasive exotic vegetation will be removed and the buffers will be planted with native vegetation and maintained in perpetuity. /o pres or current with 5 7 Score =sum of above scores/30 (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) Preservation adjustment factor = current FL = delta x acres = r w/o res with Adjusted mitigation delta 0.57 0.733333 mi iga ion For mitigation assessment areas Delta = [with-current) Time lag (t-factor) = 1.14 0.17 Risk factor = 1.25 RFG =delta/(t-factor xrisk) = 0.12 Form 62-345.900(2), F.A.C. [effective date 02-04-2004) PART I -Qualitative Description (See Section 62345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 M-Uplands FLUCFCS code Further classification (optional) Assessment Area Impact or Mitigation Site? Size 437 -Australian pine Mitigation 1.3 AC Basin/Watershed Name/Number Affected Water body (Class) Special Classification (i.e. OFW, AP, other local/state/federal de ignation of important Indian River Lagoon Basin Class Ill-mosquito impoundment N/A Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands The subject site is located on South Hutchinson Island in unincorporated St. Lucie County (Section 29 and 30, Township 35 South, Range 41 East). The upland assessment area (AA) is adjacent to the east side of A1A and on the berm surrounding the salt water basin (SW1). Assessment area description The entire length of property located along A1A and on the uplands adjacent to the wetlands east of A1A is dominated by invasive and exotic vegetation. Most of this area is dominated by Australian pine (Casuaruna equisetfolia) with an understory of Brazilian pepper (Schinus terebinthifolius). About twenty-five percent (25%) of the Australian pine has been downed by the recent storm events in the 2004 hurricane season. Australian pine also dominates the berm surrounding the SW1. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) The invasive and exotic vegetation is located adjacent to mosquito Exotic and invasive vegetation is not unique to the area. The impoundments and open surface waters. right-of-way of A1A is dominated by invasive and exotic vegetation throughout Hutchinson Island Functions Mitigation for previous permiVother historic use These trees may provide areas of cover. N/A Anticipated Wildlife Utilization Based on Literature Review (List of Anticipated Utilization by Listed Species (List species, their species that are representative of the assessment area and legal classification (E, T, SSC), type of use, and intensity of use reasonably expected to be found) of the assessment area) Wildlife was not observed in the AA. Birds, raccoons, and other wildlife may utilize the area for cover, but wildlife utilization would be Listed species are not likely to use the assessment area. limited. Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, Wildlife was not observed in the AA. Additional relevant factors: N/A Assessment conducted by: Assessment date(s): Ted Kendziora, Jennifer Simpkins, REP 8/24/05, 10/06/05, 09 /17 /07 Form 62-345.900(1), F.A.C. [effective date 02-04-2004 PART II -Quantification pf Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 M-Uplands Impact or Mitigation Assessment conducted by: Assessment date: Mitigation Jennifer Simpkins, REP, Ted Kendziora January 12, 2006 Scorin Guidance Optimal (10) Moderate 7 Minimal (4) Not Present (0) The scoring of each Condition is less than indicator is based on what Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to would be suitable for the supports wetland/surface maintain most wetland/surtace water provide wetland/surface type of wetland or surface water functions wetland/surtace functions water functions water assessed watertunctions .500(6)(a) Location and Landscape Support Uplands are adjacent to A1A, adjacent to the wetland east of A1A and surround the saltwater basin. Invasive and exotic vegetation dominate the uplands which limit wildlife utilization. Invasive and exotic vegetation will be removed and a native upland buffer will be established. /o pres or current with 3 6 .500(6)(b)Water Environment (n/a for uplands) N/A for upland assessment areas. /o pres or current with .500(6)(c)Community structure 1. Vegetation and/or Uplands are dominated by invasive and exotic vegetation, such as Australian pine and Brazilian pepper. The 2. Benthic Community invasive and exotic species will be removed and the upland area will be planted with native vegetation. !o pres or current with 3 7 Score =sum of above scores/30 (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) current Preservation adjustment factor = r w/o res with FL = delta x acres = Adjusted mitigation delta = 0.30 0.65 mi iga ion For mitigation assessment areas Delta = (with-current] Time lag (t-factor) = 1.14 0.35 Risk factor = 1.00 RFG =delta/(t-factor xrisk) = 0.31 Form 62-345.900(2), F.A.C. (effective date 02-04-2004] PART I -Qualitative Description (See Section 62-345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 M-West 1 FLUCFCS code Further classification (optional) Assessment Area Impact or Mitigation Site? Size 437 -Australian pine Mitigation 1.3 AC Basin/VNatershed Name/Number Affected Water body (Class) Special Classification (i.e. OFW, AP, other local/state/federal de Indian River Lagoon Basin Class III-mosquito impoundment N/A Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands The subject site is located on South Hutchinson Island in unincorporated St. Lucie County (Section 29, Township 35 South, Range 41 East). The upland assessment area (AA) is adjacent to the west side of A1A. Assessment area description The entire length of property located along A1A is dominated by invasive and exotic vegetation. Most of this area is dominated by Australian pine (Casuaruna equisetfolia) with an understory of Brazilian pepper (Schinus terebinthifolius Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) The invasive and exotic vegetation is located adjacent to mosquito Exotic and invasive vegetation is not unique to the area. The impoundments and the IRL. right-of-way of A1A is dominated by invasive and exotic vegetation throughout Hutchinson Island Functions Mitigation for previous permiUother historic use These trees may provide areas of cover. N/A Anticipated Wildlife Utilization Based on Literature Review (List of Anticipated Utilization by Listed Species (List species, their species that are representative of the assessment area and legal classification (E, T, SSC), type of use, and intensity of use reasonably expected to be found) of the assessment area) Wildlife was not observed in the AA. Birds, raccoons, and other wildlife may utilize the area for cover, but wildlife utilization would be Listed species are not likely to use the assessment area. limited. Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, Wildlife was not observed in the AA. Additional relevant factors: N/A Assessment conducted by: Assessment date(s): Ted Kendziora, Jennifer Simpkins, REP 8/24/05, 10/06/05 Form 62-345.900(1), F.A.C. [effective date 02-04-2004 ) PART II -Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 M-West 1 Impact or Mitigation Assessment conducted by: Assessment date: Miti ation Jennifer Simpkins, REP, Ted Kendziora, g and Anna Fuller January 12, 2006 Scorin Guidance O timal (10) Moderate 7 Minimal (4) Not Present (0) The scoring of each Condition is less than indicator is based on what Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to would be suitable for the supports wetland/surtace maintain most wetland/surtace water provide wetland/surtace type of wetland or surtace water functions wetland/surtace water functions water functions water assessed functions .500(6)(a) Location and Landscape Support The invasive and exotic vegetation will be removed from a 1.3-acre upland area and then the impacted area will be re-graded and planted with native wetland vegetation and maintained in perpetuity. /o pres or current with 0 7 500(6)(b)Water Environment {n/a for uplands) The removal of the invasive and exotic vegetation and replanting with native wetland vegetation will increase the functions and values of the assessment area. Two culverts are proposed under A1A, which will enhance flushing. /o pres or current with 0 8 500(6)(c)Community structure 1. Vegetation and/or 2. Benthic Community The invasive and exotic vegetation will be removed and re-graded and planted with native wetland species. /o pres or current with 0 7 Score =sum of above scores/3o (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) current Preservation adjustment factor = r w/o res with FL = delta x acres = Adjusted mitigation delta = 0.00 0.73 mi iga ion For mitigation assessment areas Delta = [with-current] Time lag (t-factor) = 1.14 0.73 Risk factor = 1.5 RFG =delta/(t-factor xrisk) = 0.43 Form 62-345.900(2), F.A.C. [effective date 02-04-2004) PART I -Qualitative Description (See Section 62-345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 M-West 2 FLUCFCS code Further classification (optional) Impact or Mitigation Site? Assessment Area Size 612 -Mangrove Swamp Mitigation 4.1 AC BasinMlatershed Name/Number Affected Waterbody (Class) $pedal (?18551fICatlOn (i a OFW, AP, other IocaUState/federal desgnatlon of ImpoRance) Indian River Lagoon Basin Class III-mosquito impoundment N/A Geographic relationship to and hydrologic connection with wetlands, other surtace water, uplands The subject site is located on South Hutchinson Island in unincorporated St. Lucie County (Section 29, Township 35 South, Range 41 East). This area is west of A1A and contains one impounded wetland and one unimpounded wetland. Assessment area description 612-Mangrove Swamp. The species observed are red mangroves (Rhizophora mangle white mangroves (Lagunculana racemosa) and black mangroves (Avicennia germinans). The impounded wetland has no direct onsite connection to the IRL. The unimpounded wetland has greater flushing with the Indian River Lagoon and is a higher quality wetland than the surrounding mosquito impoundments. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) The mosquito impoundments are not unique to the regional area nor to The Indian River Lagoon is adjacent to the assessment area. Hutchinson Island. There are numerous mosquito impoundments throughout coastal and inland Florida. Functions Mitigation for previous permit/other historic use The mosquito impoundments may provide areas of cover, substrate, retuge, food chain support, and natural water storage; however, due to Mosquito N/A Control Management flushing is minimal and detrital material accumulates and causes a significant loss of wildlife utilization. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found) assessment area) Species State Federal mangrove rivulus (Rivulus marmoratus) SSC n/a roseate spoonbill (Ajaia ajaja) SSC n/a little blue heron (Egretta caerulea) SSC n/a reddish egret (Egretta ruferscens) SSC n/a snowy egret (Egretta thula) SSC n/a tricolor heron (Egretta tricolor) SSC n/a white ibis (Eudocimus albus) 5SC n/a The mosquito impoundments may be utilized by wading birds, osprey, American oystercatcher (Haematopus palliatus) SSC n/a raccoons, bobcats, mangrove crabs, and land crabs. wood stork (Mycteria americans) E E brown pelican (Pelecanus occidentalis) SSC n/a The species listed above may use the impoundments for cover, substrate, refuge, and food chain support; however, due to Mosquito Control Management flushing is minimal and detrital material accumulates and causes a significant loss of wildlife utilization. Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): During the field reconnaissance the following was observed: osprey (Pandion haliaetus fiddler crab (Uca pugnax mangrove crab (Aratus pisonii), land crabs (Cardisoma spp.), white ibis (Eudocimus aibus and raccoon (Procyon lotor) tracks. Additional relevant factors: N/A Assessment conducted by: Assessment date(s): Ted Kendziora, Anna Fuller, Jennifer Simpkins, REP 8/24/05, 10/06/05 Form 62-345.900(1), F.A.C. (effective date 02-04-2004 ] PART II -Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) SitelProject Name Application Number Assessment Area Name or Number Sunset Beach EI-56-0264272-001 M-West 2 Impact or Mitigation Assessment conducted by: Assessment date: Mitigation Jennifer Simpkins, REP, Ted Kendziora, January 12, 2006 and Anna Fuller Scoring Guidance O timal (10 Moderate(? Minimal (4) Not Present 0) The scoring of each Condition is less than indicator is based on what Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to would be suitable for the supports wetland/surface maintain most wetland/surface water provide wetland/surface type of wetland or surface water functions wetland/surface water functions water functions water assessed functions .500(6)(a) Location and Landscape Support /o pres or current with 6 7 500(6)(b)Water Environment (n/a for uplands) The mosquito impoundments will be actively managed by St. Lucie County. The proximity of the new culverts and increased number of culverts will increase flushing in both mosquito impoundments. The increased flushing will likely positively effect water clari)y, biological functions, and wildlife utilization. /o pres or current with 6 8 .500(6)(c)Community structure The mosquito impoundments are dominated by red mangroves (Rhizophora mangle) which are smaller in size and 1. Vegetation and/or less dense compared to the mangrove fringe along the saltwater basin and immediately adjacent to the IRL. The 2. Benthic Community increased flushing will likely produce more preferable conditions for the mangrove system and increase functional value. The invasive exotic vegetation will be removed and the buffers will be planted with native vegetation and maintained in perpetuity. /o pres or current with 6 7 Score =sum of above scoresi3o (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) current Preservation adjustment factor = r w/o res with FL = delta x acres = Adjusted mitigation delta = 0.60 0.733333 mi iga ion For mitigation assessment areas Delta = [with-current) Time lag (t-factor) = 1.14 0.13 Risk factor = 1.25 RFG =delta/(t-factor xrisk) = 0.09 Form 62-345.900(2), F.A.C. [effective date 02-04-2004) Mitigation Determination Formulas (See Section 62-345.600(3), F.A.C.) For each impact assessment area: (FL) Functional Loss =Impact Delta X Impact acres For each mitigation assessment area: (RFG) Relative Functional Gain =Mitigation Delta (adjusted for preservation, if applicable)/((t-factor)(risk)) (a) Mitigation Bank Credit Determination The total potential credits for a mitigation bank is the sum of the credits for each assessment area where assessment area credits equal the RFG times the acres of the assessment area scored Bank Assessment Area RFG X Acres = Credits example a.a.1 a.a.2 total (b) Mitigation needed to offset impacts, when using a mitigation bank The number of mitigation bank credits needed, when the bank or regional offsite mitigation area is assessed in accordance with this rule, is equal to the summation of the calculated functional loss for each impact assessment area. Impact Assessment Credits Area FL = needed example a.a.1 a.a.2 total (c) Mitigation needed to offset impacts, when not using a bank To determine the acres of mitigation needed to offset impacts when not using a bank or a regional offsite mitigation area as mitigation, divide functional loss (FL) by relative functional gain (RFG). If there are more than one impact assessment area or more than one mitigation assessment area, the total functional foss and total relative functional gain is determined by summation of the functional loss (FL) and relative functional gain (RFG) for each assessment area. FL / RFG = Acres of AC Provided Mitigation example a.a.1 0.40 East 0.12 7.8 West 1 0.43 1.3 West 2 0.09 4.1 a.a.2 Upland 0.31 1.3 total 0.4 0.95 0.42 14.5 Form 62-345.900(3), F.A.C. [effective date 02-04-2004] THIS DECLARATION, made this 20th day of February , 2008, by StTNSET BEACH INVESTMENTS LLC., hereinafter called "Developer." WITNESSETH WHEREAS, the Developer is the owner of the real property described in Exhibits "A" and "B" attached to this Declaration and desires to create thereon a planned residential community with open spaces and facilities for the benefit of the said community; and WHEREAS, Developer desires to provide for the preservation of the values in said community and for the maintenance of said property described in Exhibits "A" and "B" together with such additions as may hereafter be made thereto (as provided in Article II), to the covenants, restrictions, easements, charges, fees and liens, hereinafter set forth, each and all of which shall be for the benefit of said property and each owner hereof; and, WHEREAS, Developer has deemed it desirable for the efficient preservation of the values in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the common properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and, WHEREAS, Developer has incorporated under the laws of the State of Florida and a non- profit corporation, SUNSET BEACH PROPERTY OWNERS ASSOCIATION, INC. (POA) for the purpose of exercising the functions aforesaid. NOW, THEREFORE, the Developer declares that the real property described in Exhibits "A" and "B" and such additions hereto as may be made pursuant to Article II, hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions") hereinafter set forth. ARTICLE I. DEFINITIONS Section 1. The following words, when used in this Declaration (unless context shall prohibit), shall have the following meanings: a. "association" shall mean and refer to Sunset Beach Property Owners Association, Inc., as described in the Articles of Incorporation of the Association. b. "By-Laws'' shall mean and refer to Sunset Beach Property Owners Association, Inc. By- Laws. c. "The properties" and "Sunset Beach" are used interchangeably herein and shall mean and refer to all such existing properties, and additions thereto, as are subject to the Declaration or any Supplemental Declaration under the provisions of Article II hereof. d. "Common Areas" shall mean and refer to those areas described more particularly on Exhibit "B" attached hereto. "Common Areas" shall mean and refer to those tracts of land, together with any improvements thereon, which are actually and specifically Page - 1 - dedicated or deeded to the Association and designated in said dedication or deed as "Common Property" or "Common Areas" or tracts of land identified as "Common Property" or "Common Areas" or any easements dedicated to the Association on a final plat recorded in the Public Records of St. Lucie County, Florida by the Declarant. The term "Common Property" shall also include any personal property acquired by the Association if said property is designated as "Common Property" in the bill of sale or instrument transferring such property, and shall also include easement rights which may be specifically granted to the Association over or upon other lands, but only to the actual extent of such easement rights. "Common Property" is specifically reserved for the use and benefit of Members and is an integral appurtenant party of each Residential unit. e. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties designed and intended for single-family residential. f. "Home" shall mean and refer to any house situated upon the Properties designed and intended for use and occupancy as a residence by a single family. A "Home" shall be deemed to exist when a "Certificate of Occupancy" or equivalent has been issued for the Home. g. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of the fee simple title to any Lot or Home, but notwithstanding any applicable theory concerning a mortgage encumbering any Lot or Home, shall mot mean or refer to the mortgagee unless and until such mortgagee had acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. h. "Member" shall mean and refer to all those Owners who are Members of the Association as provided in Article III, Section 1, hereof. i "Developer" shall mean and refer to Sunset Beach Investments, LLC. j. "Development Period" shall mean and refer to the period beginning with the recording of this Declaration and terminating five years thereafter or the date the Developer turns over control of the Association to the Members, whichever is earlier. ARTICLE II. PORPERTY SUBJECT TO THIS DECLARATION, ADDITIONS THERETO Section 1. Existing PropertX The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in St. Lucie County, Florida, and is more particularly described as follows: See Attached Exhibit "A" All of which said lots shall hereinafter be referred to as "the properties" Section 2. Common Areas. The properties described in Exhibit "B" shall be referred to as "Common Areas" and shall be dedicated for recreation, drainage and utility purposes and for ingress and egress. The use of said Common Areas shall be restricted and devoted to the common user and enjoyment of the owners of the Properties as herein defined and shall be held subject to this Declaration. The P2ge - 2 - Common Areas may include easements and improvements thereon over and across portions of some of the Lots. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot or Home which is subject by these covenants or record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a Member. Section 2. Voting Rights• The voting rights of the Members shall be as provided in the By-Laws of the Association, provided that the actions and votes of members during the Development Period, except on the issues set forth in Exhibit J, Sections 6 and 7, shall be of no force and effect whatever unless approved by the Developer. The quorum requirements and the Members' assent by the required two-thirds vote are retained and preserved even during the development period as to the assessment issues set forth in Exhibit J, Sections 6 and 7. Members shall be entitled to one (1) vote for each Lot or Home owned. When more than one person holds an interest in any Lot or Home, all such persons shall be Members. The vote for such lot or Home shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot or Home Section 3. Turnover. At the end of the Development Period, a meeting of Members shall be called for the purpose of electing directors. Not less than 30 nor more than 60 days after written notice of the meeting shall be provided. At such meeting, the then existing directors shall submit their written resignations and the Members shall elect directors and assume control of the Association. Provided, however, that if, and so long as, the Developer shall be entitled to appoint one member of the Board of Directors, who shall be removable and replaced only by the Developer. Within a reasonable time after Members first elect the Members of the Board of Directors of the Association (but not more than 30 days after such event), the Developer shall relinquish control of the Association then held by or controlled by the Developer. Notwithstanding the foregoing, the Developer may vote in respect of his/her Lots or Homes, or proxies therefore, if any, at all meetings of Members whether annual or special. Section 4. Quorum. Except as provided. Except as provided in Exhibit J, Section 7 hereof, the presence in person or by proxy at any regular or special meeting of the Members entitled to cast one- fourth (1/4) of the votes of the member shall constitute a quorum for any action governed by the Articles of Incorporation or by the By-Laws of this Association. ARTICLE IV. ARCHITECTURAL REVIEW COMMITTEE Architectural and Landscaping Design Guidelines I. PRELIMINARY STATEMENT The Declarant developed and designed Sunset Beach as a private, luxury residential oceanfront community with a "Traditional Coastal Florida" style architectural and landscaping theme. All homes have access to the ocean, and all construction is intended to be in compliance with state and local Page - 3 - approvals for the project. The color palette for all exterior finishes and recommended building and landscaping materials was developed specifically for Sunset Beach to further guide designers in their interpretation of the "Traditional Coastal Florida" theme. Restriction of architectural character to one general style will still allow for a tremendous variety of design expression due to the diversity found within the "Traditional Coastal Florida" theme. II. INTRODUCTION The Declaration of Covenants, Restrictions and Easements ("CCRs") for Sunset Beach, as amended from time to time, has caused the creation of a standing committee called the Architectural Review Committee ("ARC"). The CCRs have granted the ARC broad discretionary powers to regulate the planning, design, engineering, construction, and landscaping of all new construction or alteration to Sunset Beach committed property as defined in the CCRs; including but not limited to architectural style, exterior colors, textures, materials, overall impact on surrounding property, and other aesthetic matters. "The Committee may adopt Design Guidelines (Guidelines) to assist it in establishing a uniform standard for review and approval. The Design Guidelines may contain rules and provisions for submitting plans and specifications and general provisions applicable to all of the Committed Property, as well as specific provisions which vary according to land use and from one (1) portion of the Committed Property to another depending upon the location, unique characteristics, and intended use. The Design Guidelines are intended to provide guidance to Owners and Builders regarding matters of particular concern to the Committee in considering applications hereunder. The Design Guidelines are not the exclusive basis for decisions of the Committee and compliance with the Design Guidelines does not guarantee approval of any application." The intent of the ARC is to promote and assure that all improvements to the committed property are aesthetically compatible with each other; promote the architectural character of Sunset Beach; and are constructed to reflect the quality and permanence of a premiere residential community. The ARC shall have sole and full authority to amend the Design Guidelines, and any amendments shall be prospective only. There shall be no limitation on the scope of amendments to the Design Guidelines except that no amendment shad require the modification or removal of any structure previously approved once the approved construction or modification has commenced." Although the committee will try to provide each Sunset Beach property owner the most current version of the Guidelines, it is the responsibility of the property owner to obtain from the ARC and utilize the most current version of the published Sunset Beach Architectural and Landscaping Design Guidelines when planning, designing, engineering, and constructing any new construction or alteration to Sunset Beach committed property. It is the intent of this manual, the Architectural and Landscaping Design Guidelines for Sunset Beach, to help assure that Sunset Beach will be a community of quality homes and buildings with tasteful and aesthetically pleasing architectural design and landscaping that is consistent with a "Traditional Coastal Florida" style theme. This manual promotes the use of long-lasting materials, high construction standards, quality landscaping, and compatible site improvements. Page - 4 - The Guidelines set forth in this manual have been prepared by the ARC as a guideline for owners and their contractors in designing homes, landscaping, and other buildings within Sunset Beach. This manual does not include all building, use and other deed restrictions associated with Sunset Beach and, accordingly, each owner and any contractor retained by the owner should familiarize themselves with the provisions of the CCRs of Sunset Beach, the use restrictions imposed by various government agencies on Sunset Beach committed property, and the applicable local St. Lucie County and Florida state building codes and regulations. The inclusion of any recommendation in this manual shall not preclude the ARC's right to disapprove any proposed matter for any reason. The ARC has sole discretionary rights to override these guidelines. Approval by the ARC is required before an owner can obtain a government building permit. ARC approval does not constitute approval by any government permitting agency. The local government permitting agency, St. Lucie County, Florida, and the Department of Environment Protection (D.E.P.) require building permits for construction and any alteration to the committed property within Sunset Beach, which will necessitate compliance with local and state building codes. III. DESIGN AND CONSTRUCTION REVIEW PROCESS The ARC shall approve proposed plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated will not be detrimental to the appearance of the surrounding area of the Total Property (including Committed Property) as a whole, and that the appearance of any structure affected thereby will be in harmony with the surrounding structures and is otherwise desirable. In reviewing each submission, the Committee may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography, and finish grade elevation, among other considerations. Decisions may be based solely on aesthetic considerations. Each Owner acknowledges that opinions on aesthetic matters are subjective and may vary over time. The Committee shall have the sole discretion to make final, conclusive, and binding determinations on matters of aesthetic judgment and whether proposed improvements are consistent with the (Architectural and Landscaping) Design Guidelines. A. Members The ARC is composed of three members appointed by the POA Board of Directors. While the Declarant controls the POA, it will appoint the ARC. An architect and landscape architect will be employed as consultants to help the Committee review construction plans for compliance with these Guidelines. B. Meetings The ARC meets every thirty days or as necessary to review applications. C. Submission Requirements A Sunset Beach Property Owner must submit an application to the ARC requesting review of all plans for construction, remodeling or alteration to the committed property within Sunset Page - 5 - Beach. Thorough and timely submission of al] required information as well as adherence to the design standards and procedures set in this manual will prevent delays and minimize frustration of all parties involved. Questions concerning the interpretation of the application process or any matter set forth in this manual should be detailed in writing and submitted to .the ARC. Exhibit "C" lists the current contact person, address and telephone number of the ARC. Said application to the ARC should be made prior to application processing with the Florida Department of Environmental Protection. The ARC requires that a St. Lucie County building permit be obtained after ARC approval of the proposed new construction or alteration to existing property. St. Lucie County will not approve a building permit until the ARC has stamped an owner's plans "Approved for County Permitting Purposes Only" or "Final Approval". The ARC requires that all construction within Sunset Beach be designed by a Florida licensed architect and/or engineer; that all building and landscape construction be performed by a Florida licensed contractor; that all landscaping be designed by a Florida licensed landscape architect; with demonstrable experience designing, constructing landscaping homes and other improvements in developments similar to Sunset Beach. The Committee must approve all building contractors; and reserves the right, at its sole discretion, to reject any building contractor or subcontractor. The owner is responsible for assuring that a qualified building contractor is approved before Final Approval of construction plans. If there are any questions regarding a contractor's qualifications, the ARC should be consulted before an owner hires the contractor. The owner is ultimately responsible for ensuring that the requirements of this manual and other applicable documents are met by any contractor or sub-contractor hired by the owner. D. The Architectural and Landscape Design Review Five Step Process 1. Contractor Approval 2. Preliminary Review 3. Final Plan Review 4. Final Landscape Plan Review 5. Final Inspection of Approved Construction Step One -Contractor Approval Any contractor that works within Sunset Beach performing new construction or an alteration to existing property must be approved by the ARC. Owner's must submit the Contractor's Approval Application Form, Exhibit "D" prior to or simultaneously with the request for Preliminary Plan Review. All building contractors must have a current Florida Building and/or a Landscape Contractor's License, an occupational license, describe their business entity, provide evidence of business insurance, and references that will verify their competence in constructing the type of improvements for which the owner is hiring them. An owner will not receive Final Approval of their construction plans unless their contractor has been approved by the ARC. Page - 6 - Step Two -Preliminary Plan Review An owner shall submit preliminary drawings and specifications or other information to the ARC for Preliminary Review. Preliminary Review is provided for the convenience of owners in order that they may receive Preliminary approval of building and landscape plans prior to preparing and submitting detailed plans and specifications. The ARC shall evaluate the owners' applications for consistency with the approved Master Site Plan and state and local approval requirements. The ARC will review the information and indicate its approval, disapproval or recommendation as to the plan. A Preliminary approval given by the ARC shall not constitute approval for the commencement of construction, but only approval of the preliminary information being reviewed. Sets of the drawings shall be submitted on 18" x 12" paper. Reduction of actual size 24" x 36" (25%) drawing without actual scale is permitted. Submittals for Preliminary Review of any New Home Construction shall include at a minimum three (3) sets of the following and shall be designed by a Registered Florida Architect and a Registered Florida Landscape Architect: 1. ARC Submission Transmittal (Exhibit "E"). 2. Design Architect; Landscape Architect; Contractor Approval Form. (Exhibit "D"). 3. Preliminary site plan showing the approximate location and dimension of all improvements. This plan should also show the relationship of proposed building(s) on adjacent property. 4. All exterior elevations. 5. Preliminary landscape plans. This plan shall establish the basis and commitment for the landscape intent for all elevations of the residence. 6. Photographs of the site in its existing state taken from each corner of the home site. 7. Such other information, data and drawings that the owner desires the ARC to consider. The Committee may require additional information. 8. A review fee of $1,000.00 payable to the Sunset Beach Architectural Review Committee. 9. Preliminary Site Drainage Plan 10. Hurricane Protection Plan 11. The Coastal Construction Control Line application for the project. Step Three -Final Plan Review Owners requesting final approval for construction shall submit sufficient exhibits to demonstrate compliance with the standards and requirements of these Design Guidelines and the applicable state and local permit requirements. Construction must commence within six (6) months from date of final approval or final approval is void. If final approval is granted subject Page - 7 - to conditions, the conditions shall be satisfied within sixty (60) days of issuance or final approval shall be void. Submittals for final approval of any New Home Construction shall include at a minimum three (3) sets of the following and shall be designed and sealed by a Registered Florida Architect. One complete set of all documentation will be retained by the Committee for its permanent records after they have been stamped "Final Approval". Submittal Requirements: 1. Final Construction Documents. All engineering should be completed and the plans should have all the information required by St. Lucie County Building Department. 2. Final Site Drainage Plan with spot topography of existing and proposed. 3. Certified Survey Showing the Following: a. Legal description and street address. b. All easements. c. Utility locations. d. Footprint of building and any assemblies like HVAC, gas tanks etc. Clearly dimension to property lines. e. Driveway and sidewalks. £ Pool and/or screen enclosure. g. Detached garage, fence, or accessory structure. 4. Samples or cut sheets for material showing actual colors and exterior color chart. a. Pavers. b. Roof tile. c. Other hardscape features. d. Exterior finish materials and stucco texture. e. Window and door selections. 5. Construction Deposit of $10,000.00 made payable to the Sunset Beach Architectural Review Committee. Step Four -Final Landscape Plan (within 120 days of construction start) 1. Landscape Plan 2. Plant List 3. Irrigation Plan 4. Landscape Lighting Plan 5. Exterior Lighting Fixtures (with cut sheets) Step Five -Final Architectural Review Committee Inspection After construction is complete and prior to obtaining the final building inspection from St. Lucie County, an owner must have their property inspected by the ARC to determine that, but not limited to, the exterior colors, building materials, pool design, landscape plan, drainage plan, irrigation plan, and the architectural design have been completed per the plans submitted and approved by the ARC. Page - 8 - St. Lucie County will not complete a final inspection on any improvement until the ARC has notified the Building Department that a permitted improvement within Sunset Beach has had a final inspection by the ARC. An owner will not receive a Certificate of Occupancy from St. Lucie County until the ARC has approved the improvements. Approval by the ARC does not guarantee that an owner will receive a building Certificate of Occupancy from St. Lucie County or that the residential building, pool, and other structures on the owner's lot have been designed according to government regulations. Approval by the ARC means that the improvements to the owner's lot have met the requirements of these Design Guidelines. E. Appeal If an application for Preliminary Review or Final Review has been denied, if an approval is subject to conditions that the "Owner" feels are harsh or unwarranted, or if there are disputes on any other matter related to actions of the ARC, the "Owner" may request a hearing before the full committee of the ARC. At the hearing, the "Owner" will be allowed to present their position on the matter and make requests or recommendations as to an alternative action. After the hearing, the ARC will review the information presented and notify the party of the ARC's final decision on the matter. The decision of the ARC shall be final. F. Construction Deposit The Owner shall deposit ten thousand dollars ($10,000.00) with the ARC, to be held by the developer in anon-interest bearing account until the improvements are complete and the ARC performs its Final Inspection. In the event that the ARC finds the need to utilize these funds for, but not limited to, any of the purposes enumerated below, the ARC shall, except in an emergency, give the Owner two business days within which to begin to correct the problem. If the action is not begun within that time, the ARC is authorized to remedy the situation and withdraw funds from the construction deposit to cover any expenses. The Owner must replace any funds withdrawn from the construction deposit within seven (7) days of notification of the withdrawal by the ARC. The ARC may use all remedies available to it, including, without limitation, denying access to the building site over roads of the POA. The construction deposit may be used to offset any costs incurred by the POA or the ARC in order to: 1. Repair damage to any property caused by contractor or his subcontractors, suppliers and representatives during construction; 2. Pay for the cost of any cleanup of the site and adjacent property not performed by the contractor; 3. Bring the home site and any structures thereon into compliance with the requirements of the CCRs, and the Guidelines; 4. Recover legal fees and other costs incurred by the ARC in order to correct any construction or alteration not performed in substantial compliance with the plans receiving Final Approval; and Page - 9 - 5. Pay for any fines or penalties imposed by the ARC or the POA for violation of any rules of conduct or regulations governing use of property within Sunset Beach. G. Builder Conduct All "Builder's" shall be held responsible for the acts of their employees, sub-contractors, suppliers and any other persons or parties involved in construction or alteration of a homesite. In this regard, a "Builder" shall be responsible for the following: 1. Ensuring that the construction site is kept clean and free of all debris and waste materials, and that stockpiles of unused materials are kept in a neat and orderly fashion. Maintenance of dumpsters on site is required. There shall be no burning. 2. Prohibiting the consumption of alcoholic beverages, illegal drugs or other intoxicants that could hamper the safety or well-being of other personnel on the site or affect the quality of workmanship. 3. Assuring that aforementioned are properly insured. 4. Assuring that the aforementioned do not commit any violations of the rules and regulations of the POA, or the ARC. 5. Limiting working hours for construction personnel to 7:00 a.m. to 7:00 p.m. Monday through Friday. No construction work will be allowed on Saturdays or Sundays. Exceptions to this rule may be allowed by the ARC under special circumstances and with prior written authorization. 6. Prohibiting construction personnel from having pets run loose within Sunset Beach. 7. Maintaining portable toilets at the construction site. 8. Prohibiting the playing of music or other sounds from non-construction activities, which can be heard, on adjoining property. 9. Prohibiting use of adjacent property for access or storage of material or equipment. 10. Limiting "Builder's" employees, subcontractors and suppliers to construction related activities at the designated site only. (NO FISHING, TOURING, ETC.) 11. Ensuring "Builder's" employees, subcontractors and suppliers use only designated construction access routes as described by the ARC. 12. Prohibiting all "Builder's" employees, subcontractors and suppliers from using motorcycles within Sunset Beach. All motorcycles shall be parked in the designated construction trailer yard. (Mopeds and scooters permitted.) IV. GENERAL NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES A. Residential Use The homesites are for residential housing only and for no other purposes. All structures shall be constructed within the required lot setbacks. No structures will be permitted in setbacks. No business, occupation, or profession may be conducted on a homesite or within a dwelling unit, except for the construction of improvements by approved contractors and sales activities by the Declarant. Page - 10 - B. Temporary Improvements Construction must begin less than three years from purchase of the property. No temporary building or structure shall be permitted on any homesite except that trailers, temporary buildings, barricades, temporary power poles and the like may be permitted during the construction of a permanent improvement, and provided that the ARC shall have approved the design, appearance, and location of the same. All such temporary improvements shall be placed on the site plan. They shall be removed not later than seven (7) days after the date of completion of the building, and shall be permitted for no longer than a period of six (9) months unless an extension of time is granted in writing by the ARC. C. Accessory Structures No more than one (1) detached single-family residential dwelling shall be erected on a homesite. The ARC may approve accessory structures (such as garages, gazebos, guest houses, servants' quarters, and the like) that are detached from a main residential dwelling so long as they are not erected prior to construction of the main residential dwelling and are not intended to be held for lease. Some lots are large enough to accommodate a gazebo, cabana and guesthouse. If built, the accessory structures must be located within the required setbacks and match the architectural details of the home. Roofs and exterior walls must match the main house in both design and color. D. Utility Services No lines, wires or other devices for communications purposes, including telephone, television, data and radio signals, or for transmission of electric current or energy shall be constructed or placed on any homesite unless the same shall be in or by conduits or cables constructed, placed and maintained underground or concealed in, under or on buildings, or other approved improvements. Above ground electrical transformers and other equipment may be permitted if properly screened and approved by the ARC. In addition, all gas, water, sewer, oil and other pipes for gas or liquid transmission shall also be placed underground or within or under buildings. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved improvements. All utilities will abide by and comply with all applicable ordinances, policies, and specifications of all agencies governing such services. E. Refuse and Storage Areas Garbage and refuse shall be placed in containers and shall be capped and contained in such a manner that they are inaccessible to animals. The containers shall be concealed within buildings, by means of a screening wall of material similar to and compatible with that of the building or by sufficient landscaping to provide a permanent screen from view of surrounding property. These elements shall be integrated with the building plan, be designed so as not to attract attention, and shall be located in as reasonably an inconspicuous manner as possible. Page - 11 - F. Condenser Units Condenser units may be in the side yards within county ordinances. Condenser units may not be placed in the front yards, corner lot side yards (sides which are exposed to the street) or rear yards within view from public or other open spaces. G. Elevation Diversity To the extent possible, replication of similar elevations along the streets shall be avoided. Elevations may not be duplicated within four houses of each other, on the same or both sides of the street. Efforts shall be made to vary color, finishes and materials from one house to another. Elevation and style diversity is preferred to the extent possible. H. Facade Design Variety of any structure's massing and building form is encouraged in order to create different and interesting facades along the streetscape. Facades shall be properly scaled and proportioned. The architectural style of the home shall be applied on all sides of the structure and shall include window trim, window subdivisions, attic ventilation louvers, eave details, etc. I. Exterior Trim/Details Any Architectural appointments or trim details must be consistent with the architectural style of the structure. If Architectural appointments such as shutters or louvers are decorative, they may be of wood or copolymer material. If stucco cladding is used, then trim details must be raised or profiled by the use of j-molds or expanded polystyrene (EPS, foam). Details such as shutters, louvers or any other appointment may not be scored into the stucco. J. Exterior Paint Colors Sunset Beach has an approved exterior color palette that should be utilized to determine paint colors and shall be submitted to the ARC for review and approval. K. Window Air Conditioning Units Window air conditioning units shall not be permitted. L. Fiber Optic Wiring Sunset Beach's security backbone is a fiber optic wire to the home optic system. Each residential home in the community will be wired according to the wiring standard. Each owner is required to install a Network Interface Device (NID) under the foundation to the fiber optic demarcation point in the front utility easement. V. SITE IMPROVEMENTS STANDARDS A . Site Placement All buildings and other improvements shall be submitted for review and approved by the ARC before installation. The existing topography and landscape shall be disturbed as little as Page - 12 - possible. The ARC will review the proposed location of all improvements on the site prior to lot clearing and grading. B. Building Setbacks The minimum building setback lines shall be from the front homesite property line from the side property homesite line, and from the rear property homesite line per the following: Ocean front Front - 10' Rear - 25' Side - 5' The only items that will be allowed to encroach into side setback are the roof overhangs and the mechanical equipment. C. Easements No permanent structures shall be placed in any easement (including large tree species). D. Drainage, Grading, Finished Floor Elevations Special attention shall be given to proper site surface drainage, so that surface waters will not interfere with surrounding home sites and natural surface water flows. Paved areas shall be designed to allow surface water to drain naturally and not allow water to collect or stand. Site plans shall show physical improvements or elements of the landscape or terrain, which control or determine the location or flow of surface water and drainage patterns. Spot elevations must be given for fmish grades and decks at property and house/deck edges 20 feet on center or at critical locations to fully understand the drainage plan. If adjacent property is developed, the elevations shall be stated as they exist. No landscaping can restrict the conveyance of water The minimum floor elevations shall meet local, state and federal requirements at the time of building permit application. E. Driveways Parking spaces, garages, curb cuts and the driveway to a garage shall be planned and executed in an attractive and functional manner and shall consider the location of existing trees, topography, streetscape and compatibility with surrounding improvements. Driveways must be a hard surface such as 5' x 5' saw cut concrete, pavers or brick with reinforced edges to prevent spreading. Unacceptable materials include asphalt. Driveways shall be 12' - 16' wide, at the front property line through the right-of--way, before widening for on-site parking or other uses. The driveway entrance shall use the side yard setback to limit the distance from the adjacent property. The common sidewalk within the right-of--way must be terminated at the driveway entrance for a continuous driveway material. When curbs are required to be broken for driveway entrances, the curb shall be repaired in an orderly fashion in such a way that is acceptable to the ARC. Page - 13 - F. Swimming Pools, Decks and Pool Enclosures N/A G. Dune Preservation The dune restoration and maintenance is extremely important and shall be completed in accordance with the Dune Restoration Plan and the Preserve Area Monitoring and Maintenance Plan attached as Exhibit "H" and Exhibit "I". All governing jurisdictions must apply to the development about the dune. Protect the dune and native vegetation during construction. Only the approved dune crossover (FDEP, St. Lucie, County and ARC) is allowed. VI. STREET FRONT IMPROVEMENTS A. Streetscape The developer will install irrigation and landscape the area between the roadway curbing and the right-of--way. The Sunset Beach Owners Association will own and maintain these improvements. During construction, special care shall be taken to minimize the disturbance to this area. The irrigation system must continue to operate during construction. At the time of the landscape construction of the lot, this area shall be restored to its original condition. B. Games and Play Structures Any fixed games and play structures are not allowed. Temporary play structures are subject to approval by the ARC and shall be located/screened not visible from the street or in a manner that detracts from views of water from neighboring home sites. The only location of temporary structures is within the building envelope. All basketball backboards are prohibited. C. Porte Cochere Porte cocheres are not allowed. D. Lighting All lighting must conform to the Sea Turtle Protection Plan and lighting requirements in Exhibits "F" and "G". All exterior lighting shall be consistent with the character established in the Sunset Beach Neighborhood and be limited to the minimum necessary for safety, identification, and decoration. Light Fixtures should be consistent in theme to match the residence and photographs or sketches of proposed light fixtures must be submitted to the ARC for approval. Special site conditions may warrant consideration by the ARC. E. Signage Page - 14 - Signage, including but not limited to for sale signs, realtor signage, lender sign, etc. are prohibited. A contractor's sign for an Unoccupied Home consistent with the Sunset Beach standard, established by the ARC, is permitted for temporary use consistent with Featured Builder and Developer agreements. Only a single contractor's identification sign will be permitted during construction. The sign must be removed upon receipt of the homes certificate of occupancy. The Architect and Landscape Architect's signs may be attached below the builder's sign in accordance with details and specifications provided by the ARC. All signs are subject to review and approval of the ARC prior to installation. F. Walkways The purpose of walkways is to lead the pedestrian to the various entrances of the residence and accessory structures within the home site. Walkways should be unobtrusive and match the driveway, or if located in the rear yard, the decking or patio materials. G. Fences and Walls Although landscape buffers are encouraged for visual screening, walls may be approved by the ARC provided that: The design is attractive and compatible with the overall character of the residence and with the Sunset Beach neighborhood. ii. The design and location of such wall does not adversely affect the adjacent property owner. iii. The wall is permitted by the St. Lucie County, FDEP and other applicable agencies. Walls constructed within the buildable area have a maximum height the same as the residence and are "frangible" as defined by the FDEP. Walls constructed between the front building setbacks, but within the side building setback have a maximum height of 5.5 feet above grade. Walls constructed between the rear building setbacks, but within the side building setback have a maximum height of 6 feet above grade. The location and materials utilized for fences is of utmost importance to the ARC. Improper placement and poorly constructed fences detract from even the best-looking designs. Fence materials shall be PVC, wrought iron or aluminum. Chain link fence is prohibited. Fences must be coordinated as closely as possible with building architectural colors and shall be approved by the ARC. Rear fences must be shared on the side property lines. Solid fencing in the rear is not allowed. Alternative design utilizing the specific fence in the rear will be reviewed individually. The fences must be visually screened 60% from neighboring views. H. Mail Boxes All mailboxes shall be placed at the property line of the adjacent neighbor and be of the same style. Contact the ARC for location and model specifications. Mailboxes shall include no more than the surname and house number of the resident and shall be located at the street front of each home site as prescribed by the United States Postal Service. All homes must have visible address numbers mounted on the house. They shall be three inches (3") in height, Arabic in character, uniform in material and black in color. They must be located at the garage or entry area of the residence so that they are visible from the street. Page - 15 - VII. BUILDING CONSTRUCTION STANDARDS Sunset Beach will be developed in a "Traditional Coastal Florida" architectural style. In order for the community to exhibit a sense of cohesion, basic elements of the design must have a "Traditional Coastal Florida" flavor. The architect should strive to reflect a pure and simple, yet elegant tone to the design of the structure, and classical Floridian architecture lends itself to such an endeavor. There should be a sense of timelessness incorporated into the design. Details must be limited and consistent without a cluttered appearance. Faddish or weak interpretations shall be avoided. "Traditional Coastal Florida" architecture typically is low in perceived height. However, the ocean front property demands a more vertical type of construction. Many traditional `Floridian' architectural elements can be combined to create an overall `Floridian' style. A large palette of elements allows great flexibility, creativity, and variety while providing continuity and cohesiveness to the overall community. Porches and verandas are elements that have a major impact on this style. Both elements provide a transition from public to private space that adds warmth and continuity in the neighborhood. Incorporating details making up the porch, or possibly a veranda element, can provide a great opportunity to express individuality and variety with this style. "Traditional Coastal Florida" design shall be characterized by the following: Break pitched roofs over continuous porches and verandas with gentler slopes that the main roof structure. Columns and posts supporting the roof can be integrated with a variety of railing configurations used to both define the porch or veranda and add visual interest to the structures. Detailing is encouraged at gables, columns, post caps, brackets and railings. Gable roofs, large gracious windows, shutters, metal roofs, flat ceilings and quality ornate hardware also contribute to the "Traditional Coastal Florida" theme. A. Maximum Building Size The maximum buildable area is available; however you must comply with all other requirements and are encouraged not to over develop the lot. See the individual neighborhood sections for allowable building sizes. Guidelines for Sunset Beach Development are below: Lot S ize: • Minimum Lot Size: 5,000 SF • Minimum Lot Width: 40' • Minimum Yard: o Front: 10' o Rear: 25' o Side: 5' • Maximum Building Height: 35' from first habitable floor • Max Lot Coverage: 50% Page - 16 - Grade (+8.0' MSL) Open, frangible construction, pilings under building envelope, access stairs outside of envelope at front and rear only, storage area (screen walls) under envelope, parking under envelope. First (+19.0' to +20.0' MSL) Enclosed space at 100% and covered porch (screened optional) at 20% of maximum envelope, open balconies may cantilever 5' front and rear beyond envelope, trellis or awning may cover 50% maximum of open deck areas, bay windows may extend 2' beyond envelope at front and rear, beyond envelope sides. Second (+28.0' to +30.0' MSL) Enclosed space at 66% and, covered porch at 15% of maximum envelope, open deck may extend to maximum envelope, trellis or awning may cover 25% of open deck, bay windows may extend 2' beyond envelope at front and rear. Third (+37' to +39' MSL) Maximum coverage at 33% of envelope, no enclosed space, covered porch & open deck only, trellis or awning may cover 25% of open deck. Permitting: State: Permitting as required by appropriate state agencies for all structures, east of the Coastal Construction Control Line (CCCL) is the responsibility of the property owner(s). Local: Permitting as required by the local agencies for all structures is the responsibility of the individual property owner(s). Codes: All current and future applicable Federal, State, and Local laws ordinances, codes, etc. must be met and/or exceeded by all construction. Responsibility for code compliance rests with the individual property owner(s). B. Exterior Materials Recommended materials shall be stucco, cementious materials, copper, or similar products for a seaworthy and durable material. Brick and stone may be used as accents. Exterior finish materials are expected to be of the very highest qualities. Products shall be applied so as to eliminate "bleed through" of the supporting structure. All materials proposed for exterior use shall be approved prior to construction. Elastomeric paint is recommended. C. Exterior Trim and Decoration The front, sides and rear building facades shall have full architectural trim and enhancements. A false impression "western front" is not allowed. Page - 17 - D. Exterior Colors All exterior colors shall be selected from the ARC designated color palette. Finish colors shall be applied consistently to all sides of the exteriors of buildings. E. Windows All windows shall comply with the Sea Turtle Protection Plan (STPP) and lighting requirements in Exhibits "F" and "G". Divided glass windows are encouraged front and sides and recommended on the rear to support the architectural philosophy. All deviations from this character must be specifically approved. Vinyl or aluminum clad wood windows will be permitted, subject to color approval. Bold, raised mullions are required to closely simulate the character of wood framed windows. Contemporary windows of large glass or butt glazing are not allowed. Tinted Glass that meets the STPP requirement is necessary. Foil or reflective material is not allowed. Drapery lines of a neutral color are required to provide a consistent exterior appearance. Roof overhangs and shutters are appropriate sunscreening devices with approval of design materials and colors. Exterior window and door trim and similar decorations shall all be of the same color and material, unless otherwise approved, and shall be either of the same material as exterior walls or directly compatible. The preferred material for trim and decorations is stone or a high quality simulated stone. Highest quality windows and doors are required. F. Gutters Gutters may be approved as part of the roof fascia and eave system when special attention is given to downspout locations and overall color compatibility. Specifically, the corrugated "gooseneck" connection must be concealed from street and neighboring views. Copper half- round gutters, downspouts and their connection may be exposed to view. Gutter emitters may discharge in the right-of--way. G. Shutters and Awnings Window shutters must be sized to match window openings and mounted to appear operational. They must also follow the guidelines for exterior trim and decorating concerning materials and colors. From a design point of view, bevel board and panel shutters are preferred, but louvered shutters are acceptable. In the bevel board style, the joints between boards and the cross pieces should be understated to avoid a rustic look. A very small "V" groove should be used between boards, and all edges of the cross pieces should be chamfered. It is important to note that the installation of shutters should be done in the historical manner. All shutters must be sized to fit the window. Limited use of canvas awnings is permitted with ARC approval. Awnings on the front elevation are prohibited. Page - 18 - H. Drapes, Curtains and Shutters As viewed from the exterior, any drape, curtain, shutter or any other similar element shall be compatible in color and style with the exterior of the building. I. Building Heights Heights of buildings shall be compatible with adjacent buildings. The maximum height shall be 35', measured from finished grade (excluding chimneys). Any design of residential elements over three stories will be subject to ARC review for compatibility with the neighborhood. J. Roofs, Roof Materials and Roof Appurtenances The material of all pitched roofs is to be low profile standing seam or battened metal roof. No steel roofing or accessories are allowed. All metals must be highly corrosive resistant. The preferred color is gray, however other colors will be considered. Flat roofs shall not be permitted on the main portion of the structure provided, however, that the ARC shall have discretion to approve such roofs on the main body of the building if typical to that type of design. No built-up roofs shall be permitted, except on approved flat surfaces. Roofing less than 4/12 slope is acceptable only in minor areas (not to exceed 15% of roofing area) with primary acceptability in use as a connection to more dominant themes of the roofing mass. All connecting roofs, i. e., garage to main structure or freestanding garage, etc., shall have a roof with material compatible with the main structure. All roof accessories such as vent stacks and roof vents shall be painted to match the roof color. Wherever possible, vents shall be located away from the entry elevations. Flashing shall be copper except in the case of metal roofs, where it shall be of the same material. The use of solar energy producing devices (active and/or passive) are subject to the ARC approval, but in all cases must be removed from the street's or adjacent properties' view. Skylights are not permitted within view of the front facing street. K. Appurtenances All exterior mechanical equipment, including but not limited to transformers, vents, air conditioning compressors, pool pumps, meters, etc., shall be concealed from view by walls of the same material and color as the building or by an opaque landscaping screen. No solar panels shall be allowed where visible from any street. L. Utility Connections Group all exterior utility panels, disconnects, conduits, equipment, meters, etc. together for a minimum affect and visual screening from neighboring views. See neighborhood sections for specific guidelines. Page - 19 - M. Antennas, Solar Devices and Satellite Dishes No antenna or satellite dish for transmission or reception of television signals shall be erected, used or maintained where visible from an adjoining common property. Solar devices are permissible only on side or rear elevations, and not visible from the street or unsightly to adjacent property owners. The ARC must approve all locations. N. Chimneys Any exposed portion of a chimney outside of the building shall be constructed solely of brick, stone or stucco. If the fireplace is a metal (self-insulated) type with a metal spark arrestor at the top of the chimney, this arrestor must have a cowling or surround of a material approved in advance by the ARC and be a color approved by the ARC. Spark arrester may be left exposed. Chimneys, along with other projections above roofing surfaces, play a dominant role in depicting the character desired. Chimney dimensions shall be compatible in scale to the structure; however, the minimum size shall be two (2) feet, six (6) inches by four (4) feet, six (6) inches. O. Garages Garage doors are a large percentage of an elevation. They must have detailing on the door and surrounding trim for scaling and `Floridian' style. All residential dwellings shall include a garage adequate to house at least two (2), but not more than four (4), large-sized automobiles with a minimum floor space allocation for each automobile of not less than eleven (11) feet clear in width and twenty-two (22) feet clear in length. No garage shall be less than four hundred eighty-four (484) square feet of total floor space. All garages shall be constructed of the same exterior materials and colors as the main structure; however, all walls below the finished floor of the habitable structure shall be frangible. Garage doors shall be constructed of a material that is similar in appearance to the exterior materials of the buildings, and the color of the garage doors shall be compatible with the color of other exterior finishes of the building. Garage doors, automatic door openers and service doors shall be maintained in working condition and shall be kept closed when not in use. No garage shall be converted to other usage without the substitution of another garage. No carports shall be permitted. P. Greenhouses Detached greenhouses will be reviewed on a case by case basis. Greenhouses must be located within the fence location area. The ARC will take into account the impact of the structure on neighboring residences and views. Q. Screening Screening when used to enclose covered porches will be allowed if detailed as part of the architectural statement using bold framing elements. Access doors will be of a matching Page - 20 - character identifying wide styles and 8'-0" height to minimize horizontal bracing elements. R. Swimming Pools N/A S. Porches, Decks, Verandahs and Balconies To promote indoor/outdoor transitions, the creative use of wide verandahs on the rear of residences is strongly encouraged. The use of balconies or second floor covered porches on two story plans is encouraged. They shall be incorporated into the building form to articulate and provide visual interest to large wall masses. The railings shall be consistent in character and detail to the rest of the structure. Use of vvrought iron, anodized aluminum, quality PVC, or wood balusters for railings are acceptable. Handrails and/or columns form an integral part of the verandah concept. The handrails and columns should be either stone, painted aluminum or wrought iron (with proper rust inhibitors), and designed to be architecturally compatible with the residence. T. Energy Efficiency All homes shall meet or exceed Florida's Energy Efficiency Code for Building Construction. All plans and specifications submitted for final approval shall include evidence of compliance with this provision. U. Wells All residential homes shall be connected to St. Lucie potable water system and no wells shall be allowed. V. Miscellaneous Design Components Trash receptacles, pool equipment, utility installations, and greenhouses shall be screened from neighboring views. Antennas and large satellite dishes (greater than 18") are prohibited. Compact 18" satellite dishes are permitted but shall be placed at the rear (or rear side) of the house and screened from public view. The ARC must approve the location of all satellite dishes. Permanently mounted basketball backboards and hoops, visible from the street, are prohibited. When portable basketball backboards and hoops are not in use they must be stored inside the garage. Flashing sheet metal, vents, etc., shall be painted to match adjacent surface. Skylights and solar panels shall be integrated into roof designs and the color must blend with the roof color. Solar panels are prohibited on front elevations. Any yard sculptures must be pre-approved by the ARC. One national, holiday, seasonal or occasion flag, not larger than 3'x5', is allowed to be displayed mounted to the residence. Awnings require pre-approval by the ARC and are only permitted in the rear or on the side(s) of a residence. All hurricane shutters must be approved by the ARC. Page - 21 - VIII. GENERAL LANDSCAPE GUIDELINES It is the purpose of this section to establish regulations for minimum aesthetic landscape standards within the community of Sunset Beach. The ARC shall be the final authority regarding all landscape issues. At its discretion, the ARC may require additional landscaping on comer lots, sites with unusual site conditions or properties that may significantly impact the golf course. Sunset Beach is an upscale "Traditional Coastal Florida" style themed community. This concept should be reflected in the landscape, which should compliment and enhance the architectural style while maintaining a natural, south Florida character. Ideally, residential landscapes should provide a backdrop of native plantings with Floridian accents. It is the desire of the ARC that the landscape reflect the same level of permanence, quality and elegance as the architecture. Environmental sensitivity is a goal of Sunset Beach. Existing vegetation should be retained where possible and excessive use of fertilizer, pesticides and water-intensive species is discouraged. Each homeowner's individual preferences will reflect their personality and lifestyle. As each individual home becomes a part of the growing residential community, attention must be paid to the integrity of the Sunset Beach community. In order to ensure that individual homes fit within the overall design concept for Sunset Beach, while allowing homeowners to express their own tastes and aesthetics, the landscape guidelines have divided each lot into three distinct zones. Zone One is the Streetscape. Zone Two is the Private Yard surrounding the house in the front and rear. Zone Three is the Open Space Corridor that is the backdrop for the ocean and dunes. These zones will be further defined in the following pages with respective requirements listed. Each residential home will have an automatic irrigation system, connected to St. Lucie County's potable water system. The controls will be accessible to the Sunset Beach Property Owner Association maintenance crews. The irrigation system will adequately provide water to all three landscaping zones of the lot, including the common area between the side walk and street curb in front of each residence. A. Landscape Materials All plant material shall be Florida # 1 or better as defined by the latest edition of Grades and Standards for the Nursery Plants, State of Florida, Department of Agriculture and Consumer Services, Tallahassee, FL. 1) Trees and Palms a) No more than fifty percent of the tree credit may be palm trees (two palms equals' one tree). Tree and palm locations must be coordinated with street tree locations. Street trees must be shown on the landscape plan. b) A minimum of fifty percent of trees and palms must be cold hardy species. c) All canopy trees counted as tree credits shall be a minimum of 3.5" caliper. d) Trees or palms planted in sod shall have mulch rings to protect them from maintenance equipment and string trimmers. Page - 22 - 2) Hedges Hedge shall be installed at a maximum of three feet on center and a minimum of 30" height. 3) Shrubs and Groundcover a) A minimum of twenty five percent of shrub and groundcover plantings must be a native to Florida. b) A minimum of fifty percent of the shrubs and groundcover must be cold hardy species. c) Annual planting shall not exceed 20% of the total footage of groundcover planting. 4) Grass a) All grass area shall be installed with sod and approved by the ARC prior to installation. St. Augustine `Flora tam' is recommended. 5) Mulch All planting beds shall have athree-inch layer of mulch. Dyed mulch (red mulch or other) is prohibited. 6) No synthetic or artificial plant material shall be used. B. Foundation Planting Facade building foundations shall be entirely planted with scrubs or groundcover. C. Side Yard Planting Side Yard must not be made impassible by planting and are required to provide access to the rear of the property. Side yard plantings must not obstruct drainage. D. Maintenance In general, landscaping should present a neat and orderly appearance. Trimmings and clippings must be removed the same day. Dead and damaged plants should be removed as promptly as possible. Grass areas must be maintained at or below 4" height. E. Earthwork Berms must present a natural, free flowing appearance and not be in excess of 2' height. Angular berms or planters created with timbers are prohibited. Berms must not create surface drainage problems. F. Topiaries Page - 23 - Pruning trees or shrubs into odd irregular shapes is prohibited except for hedges and individual pieces. All pruning shall be done in accordance with Natural Arborist's Standards. No topping or hat racking of trees is allowed. G. Irrigation All landscape areas shall be provided with an authentic underground irrigation system. Irrigation must be provided to the back of the curb of the adjacent street and to the rear lot line of the home site. The use of rain switch is required. All home sites must use the irrigation water source provided (reuse). H. Zone One -Streetscape The Streetscape zone is the width of the lot adjacent to the roadway. Trees and shrubs should not be planted within the 10' utility easement adjacent to the roadway. The composition and quality of planting, walls, mailboxes, and architectural elements along the street is one of the most significant visual elements in the community. The completion of a successful Streetscape depends on the proper adherence to the guidelines for this area. The ARC encourages accompanying under story planting with the street trees. The under story planting shall be species included on the approved plant list and should not impede drainage or block vision from driveways or intersections. Additional tree and shrub plantings in the Streetscape shall be in keeping with the natural character of the neighboring lot and the Sunset Beach community. This is an opportunity to create privacy within your property yet fit into the overall Sunset Beach concept. Newly planted trees shall be maintained in perpetuity by the homeowners and replaced within thirty days after determined not suitable or dead. Lawn in the Streetscape area shall be St. Augustine and shall be installed and irrigated to the street pavement edge. I. Zone Two -Private Yard The Private Yard is that portion of the lot extending from the edge of the Streetscape planting through to the rear yard buffer. Since the Private Yard represents the most private outdoor spaces for each home, the character and quality here can be an individual expression. Criteria that have been adopted by the ARC areas follows: The landscape architect shall examine the existing side yard landscapes of neighboring homes and the proposed landscape design shall be coordinated with those features. The view between neighboring homes and the ocean must be considered on all landscape plans. Open views into neighboring windows and pool areas are discouraged. The homeowner is strongly encouraged to separate all outdoor living areas from each other by establishing a vegetative screen with a height minimum of five feet with appropriate plant materials that will achieve 75% opacity within one year after installation. The elevations of homes shall have sufficient landscaping to screen all blank walls and large roof sections. All screening walls or fences shall have associated landscape planting in the Page - 24 - form of continuous shrubs or vines. Side yard landscaping shall avoid creating alleys between adjacent homes. J. Zone Three -Open Space Corridor The open space corridor is greatly affected by the planting in the rear yards of every home. Every homeowner's view across and down these corridors is impacted by what every other homeowner plants in their rear yards. This planting in this zone will create a harmonious backdrop for the ocean and dunes through out the community. The rear yard/setback is 25' on the oceanfront lots; the following items are not allowed to be constructed within the 25' rear setback: swimming pools, gazebos, habitable structures, or other structures not allowed east of the established building construction line (CCCL 1978) as defined by FDBP. All trees and shrubs shall have the characteristics of the ones described on the Preliminary landscape plan and utilize the recommended plant list. Trees and shrubs shall be planted in perpetuity and replaced within thirty days after determined not suitable or -dead. Page - 25 - EXHIBIT A - LEGAL DESCRIPTION SUNSET BEACH SUBDIVISION EXHIBIT B - COMMON AREAS EXHIBIT C - ARC CONTACT INFORMATION EXHIBIT D - CONTRACTOR APPROVAL SUBMITTAL FORM EXHIBIT E - SUBMISSION TRANSMITTAL EXHIBIT F - SEA TURTLE PROTECTION PLAN FOR SUNSET BEACH SUBDIVISION, ST. LUCIE COUNTY, FLORIDA EXHIBIT G - FLORIDA WILDLIFE COMMISSION LIGHTING REQUIREMENTS FOR SUNSET BEACH SUBDIVISION, ST. LUCIE COUNTY, FLORIDA EXHIBIT H - DUNE RESTORATION PLAN EXHIBIT I - PRESERVE AREA MONITORING AND MAINTENANCE PLAN EXHIBIT J - EASEMENTS AND COMMON AREAS EXHIBIT K - COVENANT FOR MAINTENANCE ASSESSMENTS EXHIBIT L - MAINTENANCE OF COMMON AREAS AND AUTHORITY OF ASSOCIATION EXHIBIT M - GENERAL PROVISIONS EXHIBIT N - SUNSET BEACH ARCHITECTURAL REVIEW OARD, RESTRRCTIONS AND LIMITATIONS EXHIBIT O - COVENANTS, CONDITIONS AND RESTRICTIONS FOR SWIMMING POOL CONSTRUCTION AND OWNERSHIP FOR SUNSET BEACH SUBDIVISION, ST. LUCIE COUNTY, FLORIDA EXHIBIT P- FDEP PERMIT NO. 56-0264272-001 EXHIBIT R - ACOE PERMIT NO. SAJ-2006-2796 (IP-AAZ) EXHIBIT S - PLAT t EXHIBIT "A" LEGAL DESCRIPTION SUNSET BEACH SUBDIVISION LEGAL DESCRIPTION: (AS PER ORB. 1141, PAGE 0257) GOVT LOTS 2 & 3 - LESS AlA & LESS N. 938.4 FT OF GOVT LOT 2 - (35.13 AC), SECTION 29, TOWNSHIP 355, RANGE 41 E. z U r O _ ~ a > 0 X50 300 SCALE IN FEET e \ t.+~ I \ ~ ~ \ ~ ~ c i fi o ~ s ~x- ~ i ~3 + ~ a~ x a i `i - ~~.u ~ ~`~,y APPROX. MEAN HIGH ~ii WATER LINE (EL. = 1.9T/0.47') s I ti a I \ ~ kt r~ ' ~ s ; \ JOE'S POND l~ 1 ~ PROPOSED TOP OF ~ I ~ ~ ' ~ f` ~ DUNE RESTORATION E i +'•4 PROPOSED \ - ~ (EL. = 15.0'/13.5') E ~ j ~ , • ~ LIFT STATION ; s I' II ~ ~ ~ ` ~ ~ I - ~ ~ PROPOSED DUNE ~a ~ ~ ~ ~ CROSSOVER a ~ ~ o ~ l jrJ, a ti ~ ~ '3 ~ ~ o ~ , i A ^ ~r ~ ~ ° YOB ~ ~ \ ~ t , ~ ° -p _ " ° ~ o ~ ~~F " ~ rv - ~ ~ 1 O U P iA ~ s PROPOSED BULKHEAD ~ ; v 2 a ~ v -v~ a \ yy < - \l \ ~ ~3. z \ o ~ \i ( i 3 L m s , YYY \ \ \ \ U S Q LEGEND NOTES a t. This exhibit is for agency review only. It is not to be used ~ COMMON AREAS for construction. <5 0 a EL = 7.5'/6.0 NGVD / NAVD i i# o - o 0 6 a E COMMON AREAS I SCALE AS NOTED DATE DESIGN ENGINEER: E DE9GNED BY Kimley-Hom SUNSET BEACH ~ and Assoaates, Inc. FEa zoos DRAMN er ©2DD6 KIMLEY_NDRN AND AssoaATES, IND. SOUTH HUTCHINSON ISLAND CRECKEG Br +osa+ sw. Maw. c.,,+. on.., s.u. ~m...n si wa., n. ism PROJECT N0. o KMS PNwE (nx)sss-xro rnx (nz)zee-mJe 0411240p~ ST. LUCIE COUNTY, FLORIDA FLORIDA F.E. LICENSE NUMBER: O REV FEB 2008 WW'N. KIMLEY-NORN.COM CA DD000696 Exhibit "C" Architectural Review Committee Contact Information Contact Person: Cliff Kennedy, Managing Member Sunset Beach Investments, LLC Address of ARC: 1815 Satellite Blvd. Suite 504 Duluth, GA 30097 Telephone Number: 770-231-0455 5 Exhibit "D" Contractor's Approval Application Form Building Contractor: Address: Phone Florida Building and/or Landscape Contractor's License Occupational License Business Entity Description: Business Insurance Company and Policy References: Name: Address: Phone Project Description: Name: Address: Phone Project Description: Name: Address: Phone Project Description: Name: Address: Phone Project Description: Name: Address: Phone Project Description: 6 Exhibit "E" ARC Submission Transmittal STEP ONE: Contractor Approval/General Contact Information: 1. Owners name: 2. Address: 3. Telephone number 4. Legal description and address of new construction: 5. Description of new construction: 6. Contractors name (Exhibit B): STEP TWO: Preliminary Review: STEP THREE: Final Plan Review: STEP FOUR: Final Landscape Review: STEP FIVE: Final Architectural Review Committee: STEP TWO PRELIMINARY PLAN REVIEW (Must Include Three Sets of the Following: L ARC Submission Transmittal (Exhibit "C"). 2. Design Architect; Landscape Architect; Contractor Approval Form. (Exhibit "B"). 3. Preliminary site plan showing the approximate location and dimension of all improvements. This plan should also show the relationship of proposed building(s) on adjacent property. 4. All exterior elevations. 5. Preliminary landscape plans. This plan shall establish the basis and commitment for the landscape intent for all elevations of the residence. 6. Tree survey showing location of all trees having a diameter of three inches DBH or more proposed to be removed from the site. 7. Photographs of the site in its existing state taken from each corner of the home site. 8. Such other information, data and drawings that the owner desires the ARC to consider. The Committee may require additional information. 9. A review fee of $1,000.00 payable to the Sunset Beach Architectural Review Committee. 10. Preliminary Site Drainage Plan 11. Hurricane Protection Plan STEP THREE FINAL PLANREVIEW Submittal Requirements: 1. Final Construction Documents. All engineering should be completed and the plans should have all the information required by St. Lucie County Building Department. 2. Final Site Drainage Plan with spot topography of existing and proposed. 3. Certified Survey Showing the Following: a. Legal description and street address. b. All easements. c. Utility locations. d. Footprint of building and any assemblies like HVAC, gas tanks etc. Clearly dimension to property lines. e. Driveway and sidewalks. 8 f. Pool and/or screen enclosure. g. Detached garage, fence, or accessory structure. 4. Samples or cut sheets for material showing actual colors and exterior color chart. a. Pavers. b. Roof tile. c. Other hardscape features. d. Exterior finish materials and stucco texture. e. Window and door selections. 5. Construction Deposit of $10,000.00 made payable to the Sunset Beach Architectural Review Committee. STEP FOUR FINAL LANDSCAPE PLAN (Within I20 days of construction start) 1. Landscape Plan 2. Plant List 3. Final Drainage Plan 4. Irrigation Plan 5. Landscape Lighting Plan 6. Exterior Lighting Fixtures (with cut sheets) STEP FIVE FINAL ARCHITECTURAL REVIEW COMMITTEE INSPECTION After construction is complete and prior to obtaining the final building inspection from. St. Lucie County, an owner must have their property inspected by the ARC to determine that the exterior colors, building materials, pool design, landscape plan, drainage plan, irrigation plan, and the architectural design have been completed per the plans submitted and approved by the ARC. 9 EXHIBIT "F" SEA TURTLE PROTECTION PLAN FOR SUNSET BEACH SUBDIVISION, ST. LUCIE COUNTY, FLORIDA This STPP was prepared based on Sections 6.04.02. a. General Information The nesting season established for the protection of sea turtles is March 1 through November 1 S. The homebuilders and/or homeowners shall adhere to all conditions of this STPP. (1) Identification of person(s) having a legal or equitable interest in the subject property. Claude Sims, President of Sunset Beach Investments, LLC 207 Carson 's Creek Drive Dawsonville, GA 30534 (2) Legal description of the subject property. LEGAL DESCRIPTION: (AS PER ORB. 1141, PAGE 0257) GOVT LOTS 2 & 3 - LESS AlA & LESS N. 938.4 FT OF GOVT LOT 2 - (35.13 AC), SECTION 29, TOWNSHIP 355, RANGE 41 E. (3) Name of the general contractor for the project. To be determined. (4) Assurance that the applicant has written authority to act as agent for person(s) with legal or equitable interest in the subject property. See the attached Warranty Deed and Limited Liability Company Affidavit. (5) Description of the proposed development and intended land use. to The applicant proposes to construct a single family residential beachfront community that will consist of 44 single family lots that will be approximately 40 feet in width and 125 feet in length. At completion, the project will consist of two story single family homes with parking beneath the residential unit. (6) Scaled map of the site with a north arrow. See attached. b. Light Information (1) The location, number and positioning of proposed floodlights, spotlights and other fixtures discharging high intensity lighting from incandescent, fluorescent, mercury vapor, metal halide or high pressure sodium lamps. None proposed. (2) The intensity of the light source emanating from the fixtures identified in Section 6. oa .02(19(1)0)(1) Not applicable. (3) Other artificial light sources including, but not limited to, those used on balconies, walkways, recreational areas, roadways, parking lots, dune crossovers, decks, boardwalks and signs. See the attached lighting plan. (4) Protective/mitigative measures to minimize lighting impacts on sea turtle, including measures to prevent direct illumination of areas seaward of the primary dune. No lights shall be permitted on dune walkovers or elevated walkovers to the beach as stated in FDEP 62B-34.070. All lighting, including construction, temporary, security, operational, andpermanent residential, shall be positioned to minimize lighting on the frontal dune within the line of sight of the beach. Temporary night time security lighting should be limited to the fewest number of lights necessary to provide adequate security. Those lights which are used shall not: a) be mounted more than 15' above the ground, b) illuminate areas outside the subject property, c) directly illuminate areas seaward of the primary dune unless appropriately coordinated with the regulatory agencies. The use of high intensity lighting for decorative or accent purposes such as that emanating from spot lights or flood lights is prohibited unless buffered appropriately so as to not directly illuminate areas seaward of the primary dune and the source of light is not directly visible from the beach and does not contribute to cumulative glow. Low intensity lighting shall be used in parking lots within line of sight of the beach. Such lighting shall be: • set on a base which raises the source of light no more than 48 "above existing grade. 11 • positioned and/or shielded such that the source of light is not directly visible from the beach. All windows and glass doors on the seaward and shore perpendicular sides of any new dwelling or additions shall be tinted to transmittance value (light transmission from inside to outside) of 45% or less through the use of tinted glass or window film or screens. In addition to the dune restoration planting, natural vegetation or structures shall be encouraged to buffer lighting and potential noise impacts on the frontal dune, as appropriate. All balconies shall utilize low intensity lights and shall be shielded from the line of sight of the beach. During the preparation of individual site plans, all proposed structures and lighting which could potentially impact sea turtle nesting shall be described, (verbally and/or graphically), and provided to Federal, State, and local agencies for review as appropriate. Prior to obtaining a Certificate of Occupancy, a Registered Florida Architect or Professional Engineer shall conduct a site inspection which includes a night survey of all beach front lighting onsite. The inspector shall prepare a report of findings in accordance with the St. Lucie County's Land Development Regulations, and submit a final certification to the Florida Department of Environmental Protection in accordance with 62B-33 F.A.C. c. Development Information (1) A schedule of proposed development periods. The developer and all subsequent property owners shall coordinate with Federal, State, and local agencies, as appropriate, to meet the regulatory requirements for sea turtle protection. (2) The number of linear feet of shoreline seaward of the primary dune upon which development will occur. The proposed dune crossover will extend approximately 280 feet seaward of the 1988 CCCL. (3) The number and type of vehicles anticipated during development, the type of equipment and materials to be used seaward of the primary dune, and the location of beach access points to be used in moving equipment and materials to and from the development site. During dune construction dump trucks, dozers and front end loaders will be used. The access road will be utilized to access the beach. (4) The location, number, positioning, and type of temporary nighttime security lights. None are proposed (5) The location, number, positioning, and type of nighttime construction lights and the extent of areas seaward of the primary dune to be illuminated. Nighttime construction is not proposed 12 (6) Protective/mitigative measures to minimize development impacts on sea turtles. Construction materials and equipment shall be stored and utilized in a manner which minimizes impacts to sea turtles and shall be coordinated with Federal, State, and local government agencies as appropriate during apre-construction meeting. No bon fires or other light sources shall be permitted on the beach at night during turtle nesting season. Pedestrian traffic shall be limited to beach access points provided with dune crossovers. Permanent sea turtle information signs shall be conspicuously posted at beach access points. Existing Federal and State educational materials shall be made available, at the management building, and on display for residents 'and visitors 'use. Residents shall restrain pets from interfering with sea turtles and sea turtle nests as appropriate. Littering of the beach shall be prohibited. Trash receptacles shall be placed at each dune cross-over with lids that can be secured to prevent disturbance from raccoons. These receptacles shall be emptied on a regular basis. Permanent sea turtle information signs shall be conspicuously posted at all new public beach, commercial, and private multi family access points provided with dune crossovers. The information signs shall be installed and maintained by the property owner. Information printed on the signs shall inform beach users that sea turtles use the beach as a nesting habitat, of potential penalties for the possession, molestation, disturbance, harassment or destruction of sea turtles, their nests or eggs, of a contact address or phone number for public use in obtaining additional information. Standardized sea turtle information signs shall be maintained in perpetuity such that information printed on the signs remains legible and the signs positioned such that they are conspicuous to persons accessing the beach; A barrier will be constructed 1 'west of the 1978 CCCL. The barrier will be a picket style fence installed so as not to trap any turtles that would move over the dune. This barrier will prevent any turtles from entering the development if disoriented however it will not be detrimental or deter nesting attempts in appropriate habitat. G. GENERAL STANDARDS FOR COASTAL DEVELOPMENT WITHIN NRISDICTIONAL BOUNDARIES Timing Considerations: Dune Restoration ill and planting) and dune cross-over construction shall be constructed during the non-nesting season (November 16 through February 28). During the nesting season (March 1 through November I5), construction landward of the primary dune 's crest shall be conducted during the daylight hours and coordinated with Federal, State, and local government agencies as appropriate. 13 EDWIN, M. FRY, Jr., CLERK OF Tffi CIRCUIT COURT - SAINT Lt7CIY COUNTY 'FILE ~ 2673118 OR BOOK 2310 PAGE 2000, Recordod 07/22/2005 at 03:19 1?M ' Doc Tax: $147000.00 Preoand br YerarAv Swords, GLG, an errQloyee d Fkst American 711k Lnuranrt Campmy 109 Nortll Semnd St. Fort Pleroe, Florida 34950 (772) 464.75!7 Reaan to: GrarrDee Fqe Ho.: iae3.796sn WARRANTY DEED This indenture made on ~ A.D., by Spencer B. Gilbert, Indhrldually and as Trustee of the Spencer e. Gilbert Uving Tnrst dated April 23,1998, as to an undivided 75 % interest; and Linda H. Horowitz, a single woman and Alfred ]t!ffrey Horowit;, a single man, as to an undivided 25 % interest whose address is: 403 Fernandina Street, Fort Plarce, FL 34949 hereinafter called the "grantor", to Surfset Beatdr Investments LLC, a Georgia Umited Uabiltty Company whose address ts: 1815 Sabaltite Blvd., Suih 504, Duluth, GA 30097 hereinafter oiled the "grantee": (whidi terms "GarMOr" and'~Ganeee" shag Nrrhde sk~gurar a plan!, corpontlon or MfdNidual, and eltlKr sex, and shat irdrde heis, legal representatlves, sKCesson aM sssgns d the same) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, (;10.00) and other valuable oonsideratbtu, receipt whereof Is hereby adoro+nrledged, here grants, bargains, sells, aliens, remises, releases, wnveys and aonflrms unto the grantee, all that land situate in SG l.ude County, Florida, to-vvit: Govemtnent Lot 2, less the North 938.84 feet and less the right of way o to Road A-1-A; and Government Lot 3, less the right of way of State Road A-1-A, n 29, ip 35 South, Range 41 Fast, St Lurie County, Fbrida. Parcel Identiflcatron Number. 2529-233-0002-000/O The land Is not the homestead of the Grantor under ws and tltutlon of the State of Florida and neither the Grantor nor any person(s) for whose sup Gran r is responsible reside tm or ad)acent to the land. Subbed to all reservations, covenants, conditions, restrtWoris a is of record and to all applicable IoMng ordtnanas and/tx r6:strictlons im by govern authorities, Y any. OR HOOK 2310 PAGE 2001 . Togetfiar with all the tenements, hereditaments and appurtenances thereto bebnging or in any way appertaining. To Haw and to Hold, the same in fee simple forever. And the grardor hereby oovenards with said grantee that the grantor is lawfully seized of said land In fee simple; that the grantor has good right and lawful authority bo sell and convey sad land; that the grantor hereby fully warrar~ the title Oo said land and will defend the same against the lawful daims of all persons whomsoever; and that said land is free of all encumbrances except takes accruing subsequent to December 31st of 2004. In tNitrress Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year Hrst atxrie written. Spencer B. Gilbert, as trustee of the Spencer B. GilbeR Livifnjg Tru/t ~i. S nce . GilbeR, Truste0 S B. Gilbert, itdivi,duelly S/g " kd a~ P~ ' Signature W nature Print Name: ~ ?'-~S ~ State of ~~'O~ G County of Sf • (,uA' ~ me on ul oo ~ by The foregoing Instrument Was Adm ~ eg Tom, dated a Gilbert, indlvidwlly and a stee of ter to me or who /ha produced a vaAd driver's license as April ?3,1998 who is/are personally Identlficatlon. n ash NOTARYVPUfBLiC v~aoNi ~pe.,w~t.70os ~pmAt pp / DD 110507 p~,e eMO~~"' Notary Print Name My Commission Expires: ' OR BOOR 2310 PAGE 2002 Together with all the tenements, henditamerds and appurtenances thereto belonging or in any way appertaining. To Have and bo Hold, the same (n fee simple forever. And the grantor hereby covenarrts with Bald grantee that the grantor is lawfully seized of said land In fee simple; that the grantor has good right and lawful authority to sell and convey Bald land; that the grantor hereby fupy warrar>ts the title b sold land and wnl defend the same aga(nst the lawful dalms of all persons whomsoever; and that said land is free of all encumbrances except taxes aaruing subsequent to December 31st of 2004. In Wkness tNhereof, the grardor has hereunto set their hand(s) and seal(s) the day and year first abcl w flan. , 'nda H. Horowitz Alfred J Horvwitt S/gned led and de/i7~erad M orn p?esancr: , 1 ` ems. ,rZ~~y~u/i_ Witness Signature ~ Witness Si nature Print Name: i/~IGl4•I~u Sf.,a'~ S Print Name: ~~r~~~ ~ ~~'ful,( i< Sig/nature/ / Witness Signature Print Name: ` it 6/1Q (~t'(QCIQ~CPs Print ame: ~ ' ~E~I~Y~ Div rivsr. cvw state of ~Or~e~4 County of `J'{ ~ The Foregoing Instrument Was Admowledged before me on C.?,t a~ ~ ~~by Unda H. Horowitz and Alfred 7efh+e~? Horowitz, ~ o are personally known to me or who has/have produced a valkl driver's Ik:ense as klendfication. NOTA PUBLIC Notary Prhrt Name My Commission Fxplres: VEROMIKA SWORD No1rr~~eXj101~0 0 . W~~I~~a~toio~'J?~"n. 91 EDWIN M. FRY, Jr., CLERK OF Tl~ CIRCUIT COURT -SAINT LUCIE COUNT? 'FILE ~ 2673119 OR BOOK 2310 PAIGE 2004, Recorded 07/22/2005 at 03:19 PM Frepand try and yetu,n m: varadlu sword; CLC, an engroyee of Hrst knslon Trtle tm~ranea Cortpany 109 norm Second SR Pat wrQ, Harrda 3~yso (m) ~r,~-ten LIMITED LABIL'~'ry COMPANY AFFIDAVIT State of Rodda County of St Lode BEFORE ME, the undersigned authority, personaly appeared Claude Skins, who bring by me first duly sworn, on oath deposes and says that: i. That he/she Is a member/manager of Sunset Beach Investments, LLB a Georgia limited IlabRtty company. 2. Said Ihnfted Ilabtlity company is curtenty in ocistenoe under valid artldes of organhatloh and regulations and has not been terminated or dBsohred. 3. The fopowing parties are aQ of the members/managers of said Ifmibed IlabllRy company: gaude Sims 4. Claude Sims is authorized by the artldes of organhatlon or ~ mortgages on behalf of the limited pabtllly comparry, and aH n sen obtained. 5. Neither the limited Ilabiilty company nor any of the members are currently a ban Proceedings, and this conveyance or mortgage B In the ord of business. ~ 6. This affidavR is gben ~ Indux Rrst Amerkan Title I noe ny to Issue Its title policy Insuring the contemplated transaction. 7. Affiant further states that he b fami9ar wfth the nature of a and the penaltks as provided by the laws of the State of Honda. for falsely swearing to statemcn an Instrument of this nature. Afl4ark further cerLffies tfiat he has 1lrlly read Is aRldavlt and Its contents. Sunset Beach Investrnents, Llt~, a Georgia Ltablgty Fay. 1 of 2 raa; - ~sdsu a~ a~Wl~ i...iv ARili L~iV V~//.l VIA Cb~~ State of Florida County of St Lode Sworn To, Subscribed and Admowladyad before me on ]uly 21, 2005, by gouda Slurs, as Manaylnp Member of and on behalf of Sunset Beach Invasbnenb, LLC, aGeor0la limited IlabiBty wmparry ,who Is personally (mown to me or who has produced a valid drivers license as identtflatlon. ~ NOTARY PUBLIC NOiARy RIC f Notary Print Nam~'OJt~AS II My Commission Exptres: _ . 9k v~,....~/•. ~ v.d: :yti ~•.l .,I. T~... aFL~oa~.r~"..,~~Y~y1~~'. 'TihC~ 4~ i~ l , Cl fJ t1:'~s ~ ` ~Y ~ "FA k. J ~4~~ rR~:.> wi" , :~c Pape 2 of 2 1083.796521 Drc.Mq nom.. 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L16HT SANDBLAST FINISH. TOP CAPS NATURAL PRECAST CONCRETE. L16HT SANDBLAST FINISH. OPTICAL TRAIN: ?URABLE. CORROSION RESISTANT CAST ALUMINUM LOUVER SYSTEM PROVIDES 30' CUT-OFF FOR BRI6HTNE55 CONTROL. INTERNAL CLEAR ACRYLIC LENS SURROUNDS LAMP. 6A5KETIN6: CLOSED CELL SILICONE. LAMP HOLDER: MEDIUM BASE PORCELAIN. LAMPS (BY OTHERS] BALLAST: H.P.F./C.W.A. AUTOTRANSFORMER. -2O' STARTINfi TEMPERATURE. ELECTRICAL COMPONENTS ARE MOUNTED TO A REMOVABLE BALLAST TRAY. BALLAST 15 EQUIPPED WITH FACTORY INSTALLED QUICK DISCONNECT PLUfi. BASE PLATES STEEL PLATE SUPPLIED WITH 14] 1' X 1 1/2• SLOTS FOR ANCHORAGE. ANCHOR PLATE IS MECHANICALLY FASTENED TO HOUSING. ANCHORAGE: [4] 3/4'X18• FULLY GALVANIZED ANCHOR BOLTS EACH SUPPLIED WITH TWO NUTS AND TWO WASHER. FIN15H: CAP AND HOUSING-LIGHT SANDBLAST FINISH. POWER WASHTATN140 LTEMPERATUREE NCORPORATES~ DURESTEP RONSPHOSPHATE PROCESS TO CLEANSE AND PRETREAT THE METAL SURFACE FDR MAXIMUM PAINT ADHESION. ELECTROSTATICALLY APPLIED TEXTURED POLYESTER POWDER TOPCOAT 15 BAKED AT 4OO' TEMPERATURE FOR MAXIMUM HARDNESS AND EXTERIOR DURABILITY. ~L Matloatbn~ 680 WEST AVENUE 0, PALMDALE, CA. 83651 ~~1 , ~ FAX N0.1(~233-2001 ~ www. usaltg.com IN5TALLATIDit1{ A1~:~)';~'~~_-.._!4". ti`;S'',:.: ~'ii , f',`?,S?, i:~,~ ~.C)?MP SIZE: h aC~'v F ; ; f i .C i', 35 1D0 WATT •f!,.j~ ~!_,,.,,.Q. i.~~'Ic~.l iU tlt~. c;_'~-t~I.!~.r,. (i .'1:e i 1~~ 'f11 .~7 •i... _ ...1~ ( ...o i ,1.111'.1:. lf?• Sq. Q~ II ~~1''tl~' _ ~..1'J[ .:~I~l~ f~J1f~ 11 1:".ti. ~i~. 5~ a3j :4.•.=a•.•: _ ,/L ~3 v6 / _o x~ K 1'Ih`~'HD ~ UAi'6 PEt:h71 ~ f~C~ a.?~, rT L~~;S ~"?..rR i[~~t! r~ 4z" Y~ ? ~Yl.? L ii-•.•. w; T.• ~?•?r ;1~ ~~3;, O C .tyr~t~ 3 rrt' WIRING AN • O~ . O ~ I lE1 Sq. FOOTING 'p O• ' Q BY OTHERS ~ • o ' O~ P• ANCHDR BOLT ° Q~ d•U Q ~ •o ~ [4) 3/4' X 18' PRECAST CONCRETE. ' c ~ ' L16HT 5ANOBLAST FINI5H. • ~ ° OiT nO r ~ ' ~ ~ EL OPTICS WATTAGE TYPE VOLTAGE MOUNTING FlNIE2i OPTIONS PC12 OPTICS LAMP MOUNTING FINISH OPTIONS WATTAGE TYPE VOLTAGE GROUNDINSTALLATION OPncAL ? HOUSE SIDE SHIELD B ?CASTAUIMINUMLOUVER SECTION g0' HS 90' P CL ?100 ? HPS ? 120 135' ..........HS 135' ?OARK 180'.......... HS 180' ?75 ?MH ?277 BRONZE C 15' DIA. DBM ? SINGLE FUSE ?70 ? MV ? MT BOLT CIRCLE ?YEDIUM (120V. , 277 BRONZE V)•••••••••••SF 1 ?50 ? PL / MBM ? DOUBLE FUSE 2 ?42 ?BIACK (208V. , 240V) ...........DF / ~ 1 BKM ) ?35 - -r ~ ?WHITE f 1 , ~ _ . ~ ~ / wTM (r, ~F-, sLM v ' ' I CAP AND ~1E3' CIIA.~{ HOUSING rn 'M: ~ ?NATURAI CONCRETE NAT ?OTHER OPTIONAL HEIGHTS: SEE PAGE ? 3O" ANCHOR BOLT FOR ? 36" (4) 3/4' X t8' ADDITIONAL COLONS Ill \ {7 660 YVEST AVENUE 0, PAIMDALE, Gl ACi561 LS L~ to (661)2332000 ~ FAX N0. (88112332001 C42 1 ~ www.usaltg.com LIG NC. ' ~ SPECIFICATION SHEET SPJ36-05 301/2" 191/4, ~ISN.A`.D'r:~1..ii,:Fi:ION^r'n\•nT'i!.`~7[ Ari~c:. :'M.'Fy Lf{:I;?"iiv i' - .f ~~11{~Sli)Y !'i.:1N r + - ''r..ri, ! i,+ rlt:• c-,tcri r i- ~nC; a, ; ~.1c,1 n+1 tr~c i._... ,u.u.~r,'.., ,.,u. ~i sf., 33 t::~tsf~• ti,~+, t0' MODEL: SPJ36-05 , - MOUNTING : ~/2" NPT ~ , • , 1 i SOCKET : Medium Base ` j~ ELECTRICAL : 120V ~ f ' • + LAMP : 100W Max ~ a m m Q z y DRAWN BY MMC BASE DESIGN: SPJ DATE: 12-19-00 SPJ LIGHTING INC. Shop Drawing Number: 100-167 2107 Chico Avenue South EI Monte, CA 91733 (800) 469-3637 FAX: (626) 433-4839 Turtle Safe Coated l.a m s p Retrofit compact fluorescent lamps (light bulbs) • Provides filtering to recommended standards • UV protected coating applied directly to outside of the lamp's original envelope for durability • Enjoy the energy savings, low heat and long life of compact fluorescent lamps • Replacement lampforfloodlights,porch lights or any standard base lamp. Provides immediate compliancefor manystandard light fixtures • Available in Turtle Safe color and Turtle Safe plus masking • Easy seasonal installation and removal • Coating warranted to last the life of the lamp Turtle Safe Lighting lamps (light bulbs) and filters are only effective when used in properly shielded lighting fixtures approved for the application. Turtle Safe lighting, LLC ~ E ~ ~ ~y a _ - 621 Brookhaven Drive Orlando, FL 32803 ~ Te1:407-447-9191 Fax:407-447-9192 3 T~~.~:~;,,~:~~~~,';~, r,.,..,.~-,,..,,, ,,,`chris@turtlesafelighting.com ? ~ ~ ~~f~srina@turtlesafelighting.com r ~n+. Te.~ ~ n ~ rr. ~ tab ","'~"'r'ur'~~`S`a#~'L`~'w#it~ www.turtlesafel~ htm .com p ~ 9 9 9 pproved Product 5~ a3,j v,sK,r;r; ~~~u Turtle Safe Lighting Compact Fluorescent Lamps and Filters • Y YI M X11 1r M .EMI.. Turtle Safe Lighting compact fluorescent lamps and filters are designed to combine the advantages of compact fluorescent lamps -long lamp life, cool operation, low energy consumption, and broad applications -with lighting requirements in coastal areas. Our products utilize our unique monochromatic filter system, which, applied to high quality lamps (light bulbs), results in a specific spectral output (see figured) widely regarded to be less distracting to nesting sea turtles and their hatchlings than white light. The Turtle Safe Lighting output is equal or superior to that of low-pressure sodium light sources, which have been accepted by many researchers and government agencies to be an acceptable source of lighting for coastal applications. Unlike low-pressure sodium lamps, our products can be used in many standard 120V lighting fixtures, which do not require a ballast. Often, our lamps can be retrofitted into existing lighting fixtures for instant compliance with the local jurisdiction at a minimal cost. While Turtle Safe Lighting products are one tool in helping to protect sea turtles and other species no solution is absolute. The technology is based upon the best information available regarding less distracting light sources for sensitive species. Variances are possible species to species and individual to individual. Turtle Safe Lighting is a partner in developing state of the art solutions, making our products available to research organizations at no charge. While we believe that our products provide leading edge solutions based upon current research, we make no guarantee, directly or implied, that our products will absolutely protect marine turtles or other species. Many coastal lighting regulations require that the source illumination is not directly visible. Our masked compact fluorescent lamps and sleeves are one available solution. Other methods of shielding may also be necessary. Many of these are also available from Turtle Safe Lighting. Filtering inherently reduces the lumen/footcandle levels of the light source. This means that care must be taken to choose a lamp that will provide adequate output to light the area so that people can move about safely. Thank you for your interest in Turtle Safe Lighting products. Please call us for additional information or to place an order. Turtle Safe Lighting lamps (light bulbs) and filters are only effective when used in properly shielded lighting fixtures approved for the application. Turtle Safe Lighting, LLC E E ~ , ~y a 621 Brookhaven Drive Orlando, FL 32803 = _ - Tel: 407-447-9191 Fax: 407-447-9192 3 ' ~n,';`;~~:a`;~ "'"'<~-~14Ws@turtlesafelighting.com ~rn~. ,y,,,.,,.,,., ; ~ ~~;~r: a-, ~,,~Cr~st~na@turtlesafehghting.com ` ~ 'iurtkS~fe ^~w~ww.turtlesafeli htin COm I~J~,;,«; , 8 ~ ~ 9 9• Approved Product pe..2v:. v~~ 5 ~ - 2 3, j /a / 06 i,7rc-0~65'a~2-oe~ E F:tcM!r vr;. EXHIBIT "G" FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION LIGHTING REQUIREMENTS FOR SUNSET BEACH SUBDIVISION, ST. LUCIE COUNTY, FLORIDA 1. Lighting from indoor sources -require curtains/blinds and/or window tinting or other treatments. 2. Alternative long-wavelength light sources, such as low-pressure sodium vapor and "bug lights'' (yellow and red color-tinted incandescent lights), yellow or orange dichroic long-pass filters and red LEDs. 3. Examples of acceptable lighting fixtures: a. Low-Profile luminaires, tier lights b. Low-Profile luminaires, bollard lights c. Low-Profile, miscellaneous low-level lighting d. Wall- and ceiling-mounted downlighting e. Recessed, ceiling downlighting f. Arm-mounted and pole-top HID Cutoff Luminaires g. Arm-mounted and pole-top LPS Cutoff Luminaires h. LPS ceiling-mounted fixtures i. LPS wall-mounted fixtures j. Floodlighting fixtures, LPS and HID k. Motion-detector lighting 4. Examples of unacceptable lighting fixtures: a. Unshielded or poorly-shielded floodlights b. Unshielded wallpacks c. Unshielded or poorly-shielded wall mount fixtures d. Drop-lens and sag-lens fixtures with exposed bulb/refractor lens e. Unshielded streetlights is f. Unshielded "Period" style fixtures g. Unshielded security lights h. Unshielded PAR floodlights i. Drop-lens canopy fixtures Excerpts from Florida Administrative Code -Chapter 62B-34, General Permits for Activities Seaward of the Coastal Construction Control Line 62B-34.070 General Permit for a Single Family Dwelling and Associated Minor Structures or Activities (4) Turtle Protection Requirements. All work authorized by this General Permit shall meet the following turtle protection requirements: (a) All windows and lrlass doors on the seaward and shore-perpendicular sides of any new dwellings or additions shall be tinted to transmittance value (light transmission from inside to outside) of 45% or less through the use of tinted glass or window film or screens. (b) The following types of li>hting are authorized under the General Permit. Any departure or deviation from these lighting requirements shall constitute a violation of the General Permit. 1. Balcony, deck and entranceway lights shall be canister down-light fixtures or louvered wall lights that adhere to the following standard: a. Canister down-light fixtures shall be equipped with black baffles or grates, shall have the light source recessed so that it is not visible from the beach, shall be used with one 480 (or less) lumens output standard incandescent (or equivalent) yellow "bug" bulb, and shall be limited to no more than one fixture per egress. b. Louvered wall lights shall be mounted 12 inches or less above the adjacent floor or deck, shall be equipped with louvers that completely hide the light source, shall be used with one 480 (or less) lumens output standard incandescent (or equivalent) yellow "bug" bulb, and shall be limited to no more than one fixture per egress. 2. Underhouse lights for unenclosed or partially enclosed parking and building access areas shall be canister fixtures, either mounted on piles or recessed into the ceiling. The fixtures shall be equipped with black baffles, shall have the light source recessed so that it is not visible from the beach, shall be used with one 480 (or less) lumens output standard incandescent (or equivalent) yellow "bug" bulb, and shall be limited to no more than one fixture per 100 square feet of parking or building access area. 16 3. Landsca~ng and pathway lights shall be mushroom type fixtures, shall extend no more than 12 inches above the ground, shall be used with 220(or less) lumens output standard incandescent (or equivalent) bulbs or with 400 (or less) lumens output compact fluorescent (or equivalent) bulbs, shall extend no farther seaward than the house, and shall be limited to one fixture per 8 feet of path length or 1 fixture per 100 square feet of ground area. (c) No lights shall be permitted on dune walkovers or elevated walkovers to the beach. (d) No additional lighting shall be authorized. (e) No temporary lighting of the construction area is authorized at any time during the marine turtle-nesting season (May 1-Oct 31 all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach and Broward counties March 1-Oct31) Exhibit "H" Dune Restoration Plan This dune restoration plan was prepared to meet the requirements outlined in Section 6.02.01 F and G of the St. Lucie County Land Development Regulations. F. DUNE RESTORATION All development shall comply with the following criteria concerning site development and maintenance, beach nourishment, and dune height elevations: 1. Restoration Requirement: Dune restoration shall be required for development which requires a County permit when, the elevation of the existing dune is less than the maximum height elevation specified in. Subsection 4. 2. Developed Sites: Sunset Beach HOA will maintain or restore the entire 1800' of dune with sand and vegetation to the maximum height elevation specified in Subsection 4 from a specified dune restoration fund. 3. Dune Restoration with Beach Nourishment: Dune restoration where needed shall be an integral part of any proposed beach nourishment plan. 4. Dune Restoration Height Elevation: All restored dunes, unless otherwise approved by the State, shall have the maximum height elevation specified below: 18 a. one (1) foot greater than the minimum required flood elevation for the subject parcel of land; or b. equal to the height of the adjacent dune. In no case shall the restored dune be less than eight (8) feet in elevation above mean sea level, i.e., the nineteen (19) year hourly average of heights as defined by the Florida Depaztment of Environmental Protection in Chapter 16B-33, Florida Administrative Code, unless otherwise approved by the State. The top of the proposed dune which has been approved by the Florida Department of Environmental Protection Division of Beach and Coastal Systems will be at an elevation of 13. S feet (NA VD) or 1 S feet (NGVD). Plan and profile view exhibits of the proposed dune are attached 5. Character of Restored and Stabilized Beaches and dunes: Restored and stabilized beaches and dunes shall comply with the following, as applicable: a. Restored beaches, shall, to the maximum extent possible, resemble the characteristics ofpre-existing or adjacent natural beaches in terms of sediment grain size, compaction, and beach slope. b. Restored and stabilized dunes shall, to the maximum extent possible, be similar in appearance to pre- existing or adjacent natural beaches in terms of profile, vegetation and sediment characteristics. c. Restored and stabilized dunes shall be designed such that the reconstructed dune profile does not effectively exclude access by nesting sea turtles. The proposed dune has designed to resemble other restored dunes in the area. Existing dunes have been greatly impacted and cannot be relied on for design criteria. The dune will be restored with beach compatible fill that will be hauled in by truck and deposited on the beach. Backhoes and graders will be utilized to shape the dune to the configuration shown in the attached graphics. All dune work will occur outside of sea turtle nesting season, as specified in the Sunset Beach Sea Turtle Protection Plan. The dune has been designed so that sea turtles are not excluded Sea turtle habitat will be improved greatly by the dune restoration. G. DUNE LANDSCAPING All development shall comply with the following criteria and recommendations concerning the use and maintenance of native dune vegetation: 1. Minimum Criteria: One hundred (100) percent of all landscaping material used on the frontal dune shall be composed of native vegetation adapted to soil and climatic conditions occurring onsite. Efforts on the part of the public, community organizations, or regulatory agencies to restore native vegetation on dune systems shall be encouraged and supported. 2. Sprinkler Systems: The use of temporary sprinkler systems to irrigate vegetated restored dunes shall be required. Once the vegetation has become established, all irrigation shall cease and all associated equipment shall be removed from the dunes. The use of permanent sprinkler or irrigation systems within the Dune Preservation Zone shall not be encouraged. The design and operation of sprinkler or irrigation systems shall not interfere with the normal development of sea turtle eggs in the nests or adversely affect emergent hatchlings. See the attached dune cross sections and planting plans. Temporary irrigation will be utilized until the vegetation is established and will then be removed when the annual dune monitoring shows that the plants are successful. 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A location map is provided as Figure 1. Kimley-Horn and Associates, Inc. has been retained by Sunset Beach Investments to provide the supporting information for this Preserve Area Management and Monitoring Plan (Plan) for the proposed on-site Preserve Areas. The following addresses delineation of the Preserve Areas, prohibited activities, and monitoring and maintenance plans for the proposed Preserve Areas. Three Preserve Areas exist on-site: Wetland Preserve Area, Upland Preserve Area and Dune Preservation Zone. 2.0 EXISTING SITE VEGETATION Land uses were classified according to the Florida Department of Transportation's 1999 Florida Land Use, Cover, and Forms Classification System (FLUCFCS). A Vegetation (FLUCFCS) Map of the site is included as Figure 2. The acreages provided for each land cover are based upon field reconnaissance survey information and aerial interpretation. On-site vegetation includes Australian Pine (FLUCFCS 437) and Mangrove Swamps (FLUCFCS 612). Descriptions of land covers are provided below. FLUCFCS 437 -Australian pine (11.2+ acres) The length of property located to the east and west of AlA is dominated by invasive and exotic vegetation. Most of this area is dominated by Australian pine (Casuaruna equisetfolia). Australian pine dominates the uplands (berm) located between the mosquito impoundments and the Atlantic Ocean. FLUCFCS 612 -Mangrove Swamps (13.4 + acres) There are two mosquito impoundments located east of AlA that are managed by the St. Lucie County Mosquito Control District. The mosquito impoundments are separated from a saltwater basin "Joe's Pond" by a man-made berm. Joe's Pond is not part of the subject site. The onsite mosquito impoundments have no direct onsite connection to the IRL. The species observed in the impoundments are red mangroves (Rhizophora mangle), white mangroves (Laguncularia racemosa) and black mangroves (Avicennia germinans). There is a mosquito impoundment and a mangrove swamp within the western portion of the project area that are connected to the I}ZI., via an offsite culvert. These mosquito impoundments are predominantly composed of red mangroves, black mangroves and white mangroves. 3.0 SURVEY REQUIREMENTS The Preserve Areas will be surveyed. No plant material shall be removed from the Preserve Areas to facilitate surveying, fencing or soil boring sampling without prior permission from a St. Lucie County Environmental Planner. 3.01 Barricading Requirements The developer will ensure that Preserve Areas are protected with physical barriers during all clearing and construction activities in accordance with the following guidelines: a) Barricades (not including turbidity screens) will be high-visibility orange safety fence with a final height of at least 4 feet above the ground. Barricades shall not be attached to vegetation. b) All barricades and turbidity screens will be upright and maintained intact for the duration of construction. t c) Where areas are proposed for clearing (i.e. building envelope, utilities, drainage, road right-of--way, etc.) the bright orange barricades must be offset at least 10 feet outside the Preserve Area or placed at the dripline of the canopy trees, whichever is greater. d) All native vegetation (not slated for removal as part of the development plans) shall be retained in their undisturbed state and will be barricaded at or outside the dripline of the trees. e) Cut or fill will meet existing grade without encroaching into Preserve Areas. f) In the event that any protective barricades are removed or altered and land clearing or construction work is being conducted on-site, all work at the site will be stopped until the barriers are restored and any necessary corrective actions taken to repair or replanting of any vegetation removed or damaged as a result of encroachments g) Preserve areas will be posted with signs marked "Preserve Area" (Figure 3). 3.02 Prohibited Activities Prohibited activities in the Preserve Areas or easements within Preserve Areas include, but are not limited to: construction or placing of building materials on or above the ground; dumping or placing soil or other substances such as garbage, trash, and cuttings; removal or destruction of native trees, shrubs or other native vegetation; excavation, dredging or removal of soil materials; diking or fencing; vehicular traffic including recreational vehicle and off road vehicle use; permanent irrigation, trimming, pruning, or fertilization; and any other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife conservation and preservation (accept as required by the St. Lucie County Mosquito Control District). No hazardous material other than fuel for refueling on-site heavy equipment will be stored on-site during the construction phases. On-site fuel tanks will not be located within 25 feet of any Preserve Area and shall be removed upon completion of construction work. Development activities, such as the construction of building pads for associated structures, swales, or culverts for surface water management will not alter the hydrology of adjacent preserve areas. Nor should any activities increase non-point source pollution in the Preserve Areas. 4.0 RESTORATION & MAINTENANCE ACTIVITIES Wetland Preserve Except for approved restoration, maintenance activities and activities associated with the management of the mosquito impoundments (Wetland Preserve Area) by the St. Lucie County Mosquito Control District, the Preserve Area will be left undisturbed. All maintenance of the Preserve Area will be in accordance with this Plan. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. The following activities shall be allowed within the Preserve Area with prior written approval from St. Lucie County. a) Activities associated with the operation and maintenance of the mosquito impoundments by the St. Lucie County Mosquito Control District b) Exotic plant removal c) Revegetation -planting native vegetation, as necessary d) Removal of dead, diseased, or safety hazard plant material 2 Dune Preservation Zone All maintenance of the Preserve Area will be in accordance with this Plan. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. Except for approved restoration, maintenance activities and activities associated dune restoration, the Preserve Area will be left undisturbed. The extent and frequency of the dune restoration will be based on the dune condition. The POA will establish and maintain a Dune Fund for the monitoring, maintenance and restoration of the dune as required. It is anticipated that the dune will be renourished periodically or after significant storm erosion events. All dune work will be completed according to the Sea Turtle Protection Plan and per the FDEP Coastal Construction Control Line permit No. SL-233. Upland Preserve Area All maintenance of the Preserve Area will be in accordance with this Plan. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. The following activities shall be allowed within the Preserve Area with prior written approval from St. Lucie County. e) Exotic plant removal f) Revegetation -planting native vegetation, as necessary g) Removal of dead, diseased, or safety hazard plant material 4.01 Exotic Species Exotic vegetation in Preserve Areas shall be removed by the least ecologically damaging method available. Such methods include hand pulling, hand spading, chain saw and/or treatment with an appropriate herbicide. No debris, such as plant clippings or wood scraps, shall be allowed in the Preserve Areas. All exotic species will be removed within six to nine months of receipt of the first Building Permit. Exotic and invasive species will continually be eradicated in perpetuity, as required. 4.02 Re-vegetation Sunset Beach Investments, LLC will restore 7.1 acres of dune system. Beach compatible sand will be replaced within the primary dune area as was permitted through the Florida Department of Environmental Protection (FDEP). Vegetation within the restoration area will consist of planted railroad vine (Ipomoea pes-caprae) and sea oats (Uniola paniculata), bitter panicum (Panicum amarum), sea grape (Coccoloba uvifera), golden creeper (Ernodea littoralis), and saw palmetto (Serenoa repens). Re-vegetation in the Wetland Preserve Area and the Upland Preserve Area will be performed to meet the performance criteria set forth in the FDEP Permit No. 56-0264272- 001. 4.03 Removal of Plant Material No native plant material shall be removed from the Preserve Areas. Dead or diseased plant material may be removed only upon a written finding by St. Lucie County that the material creates a safety hazard to buildings within the fall zone of the material or the material does not add to the continued health of the Preserve Areas. Re-vegetation may be required for any removed plant material. 5.0 MISCELLANEOUS PROVISIONS & RESTRICTIONS 5.01 Dust During construction, dust annoyance to adjacent property owners and Preserve Areas shall be eliminated via application of water or other approved means. 3 5.02 Noise Noise resulting from project site construction shall not exceed the noise levels and other requirements stated in St. Lucie County Ordinances. 5.03 Periodic Cleanup/Basic Site Restoration During construction, all accumulated debris and cleared vegetation will be removed from the project site on a regular basis, and as ordered by the Environmental Consultant and/or Project Engineer. NO construction debris or cleared vegetation shall be moved or stored within the on- site Preserve Areas. 5.04 Water Quality Turbidity curtains and erosion control structures will be installed around all Wetland Preserve Areas to prevent siltation and encroachment of turbid waters. All turbidity curtains and erosion control structures installed will be inspected by the Engineer and the Environmental Consultant prior to construction activities. 6, 05 Chemical, Fue% and other Hazardous Materials All chemicals, fuel, and other hazardous materials used on-site during construction activities, whether herbicide, pesticide, solvent, or reactant of other classification, will be required to have Environmental Protection Agency (EPA) or Housing and Urban Development (HUD) approval. The handling, use, storage, and disposal of such materials, containers, or residues shall be in strict conformance with the manufacturer and or supplier's instructions. NO chemicals, fuel, or other hazardous materials will be stored within the Preserve Areas. A hazardous substance cleanup kit will be kept on-site during construction activities. NO chemicals, fuel, or other hazardous materials will be stored within twenty-five (25) feet of a Preserve Area. 6.06 Construction Equipment NO heavy equipment or construction equipment shall be stored, cleaned, repaired, or fueled in or within twenty-five (25) feet of a Preserve Area. 7.0 MONITORING & MAINTENANCE PLAN The Preserve Areas will be monitored annually for a five (5) year period. A time-zero monitoring report will be completed after planting is complete. Monitoring will be conducted annually and annual reports documenting the results of the annual monitoring event will be prepared, to document the progress of the Preserve Areas located on-site. The reports will include vegetation analysis, wildlife utilization, panoramic photographs, and conclusions of the annual monitoring event. 7, 01 Monitoring Set-up The time-zero will consist of setting wetland monitoring transects (T) with multiple quadrats (Q) in the wetlands. The beginning of each transect (T1, Q1) will be marked with a 36-inch survey stake or a concrete monument and will be used for fixed point panoramic photographs. Quadrats will be established along each transect and marked with 36-inch survey stakes painted fluorescent orange and flagging tape. Panoramic photos will be taken at Tl, Q1; T2, Q1; T3, Q1; T4, Q1; T5, Q 1; T6, Q 1 and T7, Q 1. Additional single point photos will be taken at all quadrats. These fixed-transects and photo stations will be used to document physical changes in vegetation characteristics in the preserved wetland areas annually. 4 7.02 Vegetation Survey Biologists will conduct annual vegetation surveys of the transects for a period of five (5) years. Each vegetative community type will be represented in the transects and major vegetation zones will be identified. Sample quadrats will be established along the transects, approximately every 200 feet. Vegetation inside the quadrats will be identified to species level, when possible. The percent-coverage of each species will be recorded. 7.03 Panoramic Transect & Quadrat Photographs At the beginning of each transect, a color panoramic photograph (180°) will be taken. A range- pole marked in 12" intervals will be provided in each photograph for scaling vegetation growth. A single photograph will be taken of each quadrat. Panoramic photographs will also be taken at on-site upland Preserve Areas and the conditions of these areas will be discussed in the annual reports. The photographs will provide physical documentation of the conditions within the upland Preserve Area. Photographs taken during the annual monitoring event will be included in the annual reports. 7.04 Wildlife Utilization A qualitative study of wildlife utilization (birds, mammals, amphibians, and reptiles) will be conducted during each monitoring event. Wildlife utilization will be determined by sighting, scat, calls, nests, burrows, tracks, etc. A species list of observed wildlife from each of the annual monitoring event will be compiled and included in the annual reports. 7.05 Exotic Plant Species Exotic and nuisance plant species will be removed, in perpetuity, within the proposed Preserve Areas. Brazilian pepper and Austrailian pine currently located within the property will be removed from site. Other exotic and nuisance species will be treated with an approved herbicide (i.e., Rodeo) or pulled by-hand. Exotic maintenance will be performed on an as needed basis, depending on the existing conditions during each annual monitoring event. The proposed Preserve Areas will be maintained at <5% of listed exotic and nuisance vegetation as defined by the Exotic Pest Council (Table 1). Maintenance will be conducted in perpetuity and run with the land. 7.06 Monitoring Reports Annual monitoring reports, depicting results of each of the annual monitoring event, will be submitted to the St. Lucie County Community Development Department and St. Lucie County Environmental Resource Department. The time-zero report will be submitted within thirty (30) days of the completion of planting the Preserve Areas. Annual reports will be submitted within thirty (30) days of sampling the Preserve Areas. The monitoring reports will contain, but are not limited to, the following information: • date of the monitoring report; • results of the annual vegetation surveys; • results of the annual wildlife surveys; • annual panoramic and quadrat photographs; • discussion of project issues related to vegetation, exotic species and permit compliance, according to St. Lucie County permit conditions. 5 _ + la das ST<tutt~ P~PPet EeaotT,~t,~ec AI~a~N EJ~1 \ - - ; I3 ~ap7~~~~.~~ ~ ~ z ~ f r y 2 i t bu..~~ s_. a ass ~ - 5 - ~ ~ 'r }~x, - O r 6~t ~4 7 ~ s~ _ Z f ~ B~Mx: ~ F L ~ C~. ii ~ I t7! A ~ ~ .w( _ ~ 5T ~~I. ~ _ r rt ..ia Y t 5 _ a- 4..r x ~ ~ PROJ~ECT VICINITX: ~ - - r• STATE OF FLORIDA ~ SEE BEL~~_` ti"nna~' R1ror. ~~f; '~>~;:4.~.' ST. LUCIE COUNTY ~ ~ s ~aK Nam Pb ~ M , esrley [ids; " * ~ r 4' s ~ ~ _ - a port St Luci ' i Y - ~1 ~ MfiRilN: ~ ~Mr~~~S { r ~ ~ }Nor11t ~ ST. LUCIE COUNTY E ~ - . _ . ~ o ~ r . ~ - so~a Avenue C<~ i . " t., j ~ ~ e r ~ ~ P a 4t{~ 0 a „ ~ t a SF's . f e T _ Ga ,r ~ to ~ x ~ ~ v 3 ~ ~ ~,i'd ~'l ~51 G m . P I » Y~)sh .r ~ 3 'j4 ~ ~ 0 ~ $i: t * ~ 'gti~'~ 'F .ttYy~ i ~ ~ _ ~ j F D R I D'A~ ~ f~ ~ ~,F~ V p ~ - l k ffil ~ `'ht» 1 ~~~SF' ,i WAR - I ~ c 1 ids e ~ I i ~ 1j3'~ ~S a 4t~ tc;~w~ C 7>: "S l'1 . ~ ~ ~ t ~ .8 o f ~ f YG3~,~`~ f 1 i' ~ I f ~ q.. 7~. ~ a r Y p ~ n 0 i ~ ~ a ~ Aort St. ~ r ~ ~ ~ Y r ~ f s, o e i _ ~ ~as~SL-~ ~ ti ~ Luale ~ ~ j . 'k ~ g-. a ~ { 1~ _ ~ ~ ~2i ~a M~~~_ n ;~antl~c Is s~¢p~ed Pu a resr-ie_ 9 VICINITY MAP ~ v~ Kimley-Horn LOCATION MAP ~ ~ and Associates, Inc. o OC 2006 KIMLEY-HORN AND ASSOCIATES, INC. SUNSET BEACH i ,0521 SW VLG CTR DR, STE 103, PORT ST. LUCIE, FL 34987 Section 29, Township 35 S, Range 41 E E TEL (772) 3as-38oo FAX: (772) 286-0738 ST. LUCIE COUNTY, FLORIDA WWW. KIMLE Y-HORN.COM CA 00000696 -3 RehSed. Oezgned By Drawn By Checked By SCALE: PROJECT M' DATE: o KHA JSA JCS N.T.S. 041124000 MAR 2006 FIGURE 1 ~ - J ~ i'~ i :'1 z 3~~ ` , Oz 0 150 300 qy. ~ j ~ j;F ~ SCALE AS SMONM i v i, ~ PF ? ~ , ' D f ~ a ~ i , ~ ; 7~0 `s ~~i ;t ~i . . ~z ! ~ ~ r • ~s ~ ~ ; 7 y t ~ g ~ t T` ~ , ~ ~ Z ~ ~ E .v t„ 8 ~ V~,. i N y, T a ~ Yr h f_ ~ 1~: \ SOURCE: 2005 PHOTOGRAPH - AEVIEW, v4.4 (c)2003, AERIALS EXPRESS, LLC. v ~ FLUCFCS -Florida Deportment of Transportation. Florido Land Use, Cover and Forms Gassification System,. 1999. LEGEND Code Community Area 437 Australian Pine 11.2 AC F ~ 612 Mangrove Swamps 13.4± AC < ~ 710 Beaches (other than swimming beaches) 4.4f AC j 740 Disturbed Areas 0.1± AC TOTAL: 29.1± AC 3~ Kimley-Hom VEGETATION (FLUCFCS) MAP and Associates Inc. ©2008 KIMLEY-HORN AND ASSOCIATES. INC. SUNSET BEACH ,osz, SW VLG CTR DR, sTE ,03, PORT ST. LUCIE, FL 34987 Section 29, Township 35 S, Range 41 E TEL: (772) 345-3800 FAX: (772) 286-0138 ST. LUCIE COUNTY, FLORIDA ~ WWW.KIMLEY-HORN. COM CA 00000696 P ` ewb.2 o..q~.a ex da.n ex cn.a.d ex scA~e: nto.ECr R o~ic: MAY 2007 KHA JSA JCS AS SHOWN 041124000 APRIL 2008 FIGURE 2 ,E CULVERTS TO IMPROVE IMPOUNDMENT ~ PRESERVE SIGN Z k~ (~'P) O ~ APPROX. MEAN ~ 9 ~ ! - ~ ~ HIGH WATER = e ! t , ~ ff ~ ; ~~s LINE (EL.=1.9T/0.4T) o ,so 300 b - - _ ~ ~ ~ Ak scar= ~ r~Er _ ~ ~ i ~r ~ ~ ~ ,i ',r, PHOTO s ~ ~ LOCATION ~ ~ ~ L 24 CAP W!T'I ~ z ~ty~ ! TYP. ~ GATE WEIR ( ) ~ i ~ ~ ~ JOE'S POND \ ~ ~ Y UPLAND ~ ~ PRESERVE ~ ~ ~ ~ PROPOSED DUNE a AREA ~ ~ CROSSOVER ~ t 1 ~ ~ ~ `,t m s s . ~ ~ STATE OWNED LANDS ~ PRESERVE SIGN Z E 6 (NOT INCLUDED IN THE _ / , , ~ - _ / i CONSERVATION - s EASEMENT) Z6 - ~ E ~ \ ' f ~'~j LIMITS OF DUNE O , ~ ~ O O - E= 5 y ~ - ~ ~ RESTORATION ° ~ ~ ~ ~ ~ FILL b ~ ~ e J N a ~/L~ ~ ~ f~ - : - DUNE ri ~ ~ ~ i~ ° 6 02 ~ % \ ' , PRESERVATION y ~ ~ ~ %S ~ ~ AREA = MOSQUITO CONTROL PUMP ~ ~ ~ ' STATION OR PUMPS (NECESSITY ~ a a AND LOCATION ON SITE TBD BY ~ ~ ~ "r . o ~ THE DIRECTOR OF THE MOSQUITO i - ~ o s CONTROL DISTRICT / ~ ~ ~ ~ w ~ ~ ~ CULVERTS \ ~ a g ~ TO IMPROVE ~ ~ ~ Z ~ raa~nc IMPOUNDMEN / ~ f// ~ _ o: o e ~ - - - ~~.z~`~.e_ i ~ ~ o ~ ~ ~ ~ ~ a y< ' LEGEND E DUNE PRESERVATION ZONE (7.1 AC) T~ TRANSECT ~ ` UPLAND PRESERVE AREA (1.3 AC~ Q~ QUADRAT F$ fr ~ ~ WETLAND PRESERVATION AREA (13.2 AC, EL = 7.5'/6.0 NGVD / NAVD 11.9 AC PRESERVED, 1.3 AC CREATED) %o i o g NOTE: ~ STATE OWNED LANDS NOT INCLUDED IN coNTRacroR To caNSTRUCT AND INSTALL THE CONSERVATION EASEMENT (1.8 AC) ~ ~ WETLAND PRESERVE SIGNS AS SHOWN. p L SIGNS SHALL BE INSTALLED ALDNG THE PRESERVE BOUNDARI' NO MORE THAN 500 U O/ ~ EEET APART AS SHOWN o o b PRESERVE SIGN DETAIL i "TS PRESERVE AREA MAP & MONITORING PLAN SCALE DESIGN ENGINEER: u DESCNEDSBNOiED Kimley-Hom °ATE SUNSET BEACH DRAWN B E"" ~ and AssOaates, InC. APRIL 2008 TM ©2DDB KIMLEY-HORN AND ASSGCIATES. INC. SOUTH HUTCHINSON ISLAND GHEGKEDBY KMS ~.9•~„-0~...,.,,•,oT.P_„Lw~. ti>.,~, PROJECT N0 ST. LUCIE COUNTY, FLORIDA o PHWE (nx).N5-Jeoo EAx (n2) 20e-m )e ~4~~24~~~ FLORIDA P.E. LICENSE NUMBER: ~ REV APRIL 2008 WNW. KIMLEV-HORN.COM CA 000(10696 F(arida Exotic Pest Plant'Cauncil's ' 2007 Lis of invasive Plant Species ~ ~ 1 . Purposeof the Lisi: T~, focus attentiori'on - ? the adverse of€ects exoticpestplan~a haveon Ftorida's biodtaersty and plant communities, ' ' ~ " ' ~ ? the ha~itat 1~s5es from exotic pest plant infestatiotL, ~ • . , • ? the impacts on endangzzed species z~iahabitat kiss and alteration. i ~ ~ ? the need u~ prevent habitat lassesthrou~hpest-plait managemez~I, 1 the socio-ecoiior~ic impactsof these plants (e.g.,increased wildfires in certain-areasj, ~ ~ ? changes. in the seriousness of differer;t pest plants over lime, ~ ? the .need tq pro~-ide inforniation thaE helps'nianagers set priorities for control programs ' + ~ ~ • • ~ 11 +i Cr`~T~.~y~7~~~X •i Iii°a,i~e exotics that are altering Hance pIanz commnnihes by displacing native sPecSes, changing cominunin~ strictures o* ecolo~al Eut~cuans, or hy6ndiz~ng w-i[h name<. ~liis rlefinftion does rot rev cn11.e eCnnomic severity orgeograpl~c rnnge ~ t oftl:e probicm;but en the derumented ccol~~gical damagecdused ~ ~ ~ ~ ELEPPC Gov. Reg. ~ ~ Scientific [game Comaton Iyame Cat. List Dist. !!brus reiutiirius fQSa a . P rs I ;v C. 5 Acuia uunculiformis ea_leat acacia 1 C 'S e . ' ~ ~ Albiziajulibrissin mimosa,stlktree I IBC ~ ~ . . i, .Alba<ia lebbech woman's tongue 1 C. ~ t Anlisiucrenuta coralardisia I ~ C ~ vertu{ntn Hai;applied? ~ II 1 Anlisut e(liptica shge6u*tor. a~d~s~a l C, S (=A, humi;is misapplied)' !lsparao s acthi,~picus (=A sprengeri; aspa:a~s-fern q L 5 A densiJlorusmisapplied) . ~ •t a Bauhinin vmiegata orchid tree 1 l., ~ 1 • ~ , • ~ Bischafia javnricu b~shopwoc~d I C, S ~ Calophj~ilum an[ilianun; Santa ma:ia (name<'mast ~sood.` I i =C c iab,i ant C "Alexarid-ian lacieC~ used ir. cvltidanon? ~ ~ ~ , ~ ~ in~~phyi'umrcti_apFhedl Casuarina equuettfolia nus~aliaii-pine, beach sheoak 1 P, A~ N, C. ~ ~ ~ ~ ~ ' ~ Casuarina giauca scckerirrg Au<traLan-pine, gray sheoak I P, L; C, S ~ Cimiumomum curnphora camphor tree 1 N. C. S . . ••t . Colocasiu e cuieata wild taro I N, C. ~ Colubrinaas[arica latherlcaf I y ~ I- . Cupaniopsis anacardioides carrotwood I N G 5 Diosearea alata ti'inged pain I \ N, C, S Dioscore~i bulb fora atr-potato I ~ 1 C 5 ~ ~ ~ Et~hhorniacrsssipes watcnc~acni[h- I I' N,C,S ~ . Eugenia unff[ora Smuiam cheii}' I ~ s . ~ . Finis nucrocarfa (Enitian and Isurel fig, I j F rcn~sa tar, tt9tida misapplied) . H~drilini~erticiHata hvdrill2 I f', l.' N. C. ~ ~ ~ . H~grop7~ilupolvspeiiru ~reenh}gTO l YU ~ C,5 HcmenachneairplexScuuhs V'dest Indian marsh grass ( C, Itnnerata eviindrun cogon g; ass ] P,, y C_ i hranh~nsis missppi~ed; lpamoe ~ ugna[i~n ~.~.ater p,nach I P L~ Jasminwn di~hommum Gold l ~~a_t;as~nine 1 C c J~w~anum lluminen:e Frazilian iasmine [ L. Lantmia canima lanC~na, shrtib ~-erLena 1 ~ C 5 L[gustrum lucidum gloss}-privet I ru C I_ipustrum sinense l"hi*~ese p wet, hedge Inset V', S ~ FLEPPC 20p7 List a` Invasive Plant Species-.Fall 2007 FLEPPC Gov. Reg. Scientific Name Common Name ~ ~ Cat. List Dist. Lonicera japonica Japanese hone~~suckle I N, C, S ~ ~ I_udwigia peruviana Peruvian pnmrosewillow I N, C, S + + + • Iy,godiunijaponicum Japanese climbing fern I N N, C; S t ~ ~ Lygadium microphyllum Old World climbing fern I N C, 5 ~ ~ Macfadyena ungttis-cati cats claw ~~ne I N, C, S ~ ~ ~ ~ , binnilhara zapotu sapodilla I S ?vlelaleuca quinquenervia melaleuca, paper bark I P. N, U C, S ~ ~ ~ ~ ~ • ~ ~ !Mimosapigm catclaw mimosa I P, N, U C, 5 ~ ~ ~ Nandina dnmestica nandina, heavenly bamboo I N, C i ~ ~ Nephrolep%s cordifnHa sword Eem I N, C, 5 ~ ~ t ~ + Nephrolepis multiflora Asian sword fern I C. S ~ ~ ~ NeYrnudiu reynaudiuna Burma reed, cane grass I N S ~ ~ ~ ~ - Puederia cruddusiuna sewer vine, onion v2ne I N C , ~ ~ Puederia foetid<r skunk vine I N N, C, S , ~ . ~ ~ ~ Punicum repens torpedo grass I N, C. S ~ ~ ~ ~ - Pennise(atm purpureum Napier }'rass 1 N, C, S , , , ~ Pistiu struiigtes waterletwce I P N, C, S , - ~ ~ . ~ Psidium cattleianum (=P 1ittoruie) stravaberry guava I C, S , r ~ . , , ; Psidium gtaajuvu guava I C, S , , ; ~ ~ , Pueruria monlana var lobutu (=P Iobata) kudzu 1 N N, C, 5 , - , , , Rhndumyrtus tomentosu downj' mse-myrtle 1 N C, 5 ~ , , Rhynchelytrum repens Natal grass 1 N C S ~ ~ ~ ~ • ~ (=Melinis repens) ~I~ ~ ~ , ~ ~ ~ ~ ~ ~ Ruellia tweediana btexican petunia I N C S R. brittoniana, R. coerulca) ~ - ~ Sapium sebiferum (=Triadicn schifern) popcorn tree, Chinese tallow tree 1 N N, C, S Scaevola tuccuda scaevola, half-flower, beach naupska 1 N C, S i- (=Sazevola sericea, S.frutescens? Sche(Jleru actinophylla schefIlera, Queensland umbrella tree I C, 5 ~ l=Brassuiu actinophylla) ~ ~ SchinusterebinOtifolius Brazilian e per P PF I P, N N, C, S 1 , , , • Scnna pendulu var, giubrnta climbing cassia, Christmas cassia, I C, S • (=Cassia coluteoides) Christmas senna ~ ~ ' ~ ~ Solarium tampicense (=S. houstonii) wetland nightshade, aquatic soda apple i N, U C. 5 ~ • ~ ~ ~ ~ ~ Solarium viarum tropical soda apple I N, U N, C, S ~ ~ ~ Syngnnium podophydlum arrowhead vine 1 N, C, S ~ ~ , ~ + ~ Syzygium cumini jambotan plum, Java plum 1 C S • 1 , Tectaria incisa incised halberd fern I S ~ ~ ~ Thespesia papulnea seaside mahoe I C, S , ~ . , ~ . ~ ~ ~ ~ ~ ~ Iradescantia fluminertsis white-flowered wandering jew I N, C , , ~ ~ ~ Urochlou mutica Para grass 1 C, S Bruchiaria muticn) ~ ~ ~ ~ • . , „ , , CATEGORY' II Invasive exotics that have increased in abundance or frequency but have not pet altered Fiotida plant communities to the • • ~ ~ ~ ~ ~ ~ extent shown by Category 1 species. These species muy become ranked Category I, if ecological dumage is demonstrated, , FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist ~ ~ Adenunthera pavonina red sandalwood 11 S Agave sisulana sisal hemp II ~ , C,S - ~ Aleurites jordii (=~Crniciu fordii) rung oil tree li N, C t , Alstonia mucrophylla devil tree II S ~ ~ - AlternunOrera philoYemides alligator weed II P N, C, S ~ ~ Antigonon lepropus coral vine II N, C, S , Aristolochia littoralis calico flower TI N, C, S FLEPPC 2007 List of Invasive Plant Species -Fall 2007 FLFPP~ Gov. Reg. Scientific Name Common Name Cat. Lict Dist. 1 1 Asysrnsia gangetiat i;anges prim:e_e II C. 5 Beganin cucullata wax begonia 11 N, C,S ~ ~ Blechump}ramtdatum .green shrimp plant. Y,;o~+~1e's hTechum II ~'v', C, S / , I3roussanciiu papyri(era .paper mulberry Ii N, C, S ~ -11 Cailuin fragi~nns tech plant, spirenema I1 C, S f i Casuarina cunninghmniana rte>er sheoal:, Aa~traliun-pine Il P C,S / 1 1. t Ce~rnpiapnlniatn trumpet tree 11 5 f f 1. 1 Cestriun diurnum day jessami~ie lI C, • • t f Chamaedorca setfri~ii bam~oq palm II S 1. t ' f Cizmnds terniflora Japarrese,clemaris 11 N, C ~ 1 t Cryp[ostegia madagcau~riensis rubber vine 11 C, 5 1f . . / 1 . Cyperusim~oiucratus um6rellaplant dl C;IS (C. aTternifolius rraisapplied~ 1 t 1. 1•• f 1• .1 •f Cypems pvolifer dwarf papyrus i1 C~ 5 / 1 1 1 1 1 Paibergia~issoo 'Indian iosewood, sts_oo IL -C, S t.. 1 t ' Liaeabnitspungens silvenhern, thortay olive IC N; C f 1 1'I Eptpre»mum pinnatutti Aure~um po[hos II C, S 1• t t t Ficus alnssima- false. banyan, council tree 11 S 1.1• 1 ~ flacourtia Indira gos~ernor's plem Il S . i • 1 1 1 Hemar[hria aitissima liiiipo grass II C,'S 1' i t Hibiscus riliaceirti (=Talipa~ m ttlia~euml mshoe, ea hibiscus IL C; S t 1 1 1 1 1 ipombca ~istulosa shrub mormnti glsn~ II P C: 5 ~=1_ cornea ssp fisnilosa? f 1 1 ' ! f Jasminuni snmbac Arabianjasmine 11 5 f Kalanchoepinnatn liteplant II C.5 ~ 1 ~ 1' Koelreutcria e(egans ssp flamegold dee II C 5 ~ 11 • 1 1 Jormosana ~=K formusuna; R- puniculata misa plledl t r t Leucaena le-uco~ephala lead tree Il N ti, C, S , 11 • 1 • i f Limnophila stsnliJlorn Asian marshweed II P, U N, C, ~ 1 f 1 1 i Liviswna chinensis Chinese fan palm I1 C, 5 / / / .1 / 1,1e1ia a~erlarach t~hlnabercy II V. C, 5 f f Meiinis minufiJ1ora Motassesgrass 11 G;S / 1. t f Merremia Cuherosa .wood-rose II ~ / f. : f 1 t MurTaya panicalata orange jessamine II 5 1 1 b4}~rioph}dlum spicatuni' Eurasian water-milfgil II P C, ~ .1. 1 t N}ntphoides cristata snoµ-tlake' 11 C, S t i ~ 1• Pnnicunt maximum G[iinea grass II N, G,S 1 1 1 1. Passiflora hiflora ru4~ flowered passion ~~,r,e IL- S , .1 / . t 1.. Pennisetum sefaceuni green fountain glass IL 5 f • 1 . . f Phi?enix redinatq Senegal date palm II C. S 1 1 1 ~ 1 ~ 1 , P}rnllostachysaurea 'golden bamboo II ti,C f f f Pitrusporum pentandrum Phlltppine pittospuruni, ~faiwanese cheesewood II 5 1 _ 1 f Pteris vitta[a Chinese brake fern 11 N, C, S 1 t • i 1 1 PRchosperma eirgmis solitaae palm II ~ •.1 t t 1 Rhoco spathacea see Tradescantia spu[hacea) 1 1 , , 1 Ruinus communis casioibean I1 N. C ` ~1 1 Ru[a3a *orwt~lifohu ruaniliea[ ioot}icup dw~arl Rotala, II S ~ 1 1 i ~ 1 ~anseru~rfa h}acmthaidcs bumstring hemp 1I C, S ScLrnu lact~shis ~>v'right's nutnah ll C. 5. Jgsbania punicra puplesesban, ra~debox II ti, C, S Solarium diphvlluni two-leaf n[ghtshade 1I r:, C, S Solanumjamaicense Jamaica nightshade II C Solarium [nrvum susumber, turkevbem Il \ U C. S FLEPPC 2007 List of Invasive Plant Species - Fali 20D7 1 Scientific Name Common Name FLEPPC Gov. Reg. Cat. List Dist. ~ ~ Sph.agneticoia triloham .+-edelia lI N C 5 (=Wedelia trilobata? Stachytmpheta cayenneruis nettle-leaf porterwee~d II S ~ ' ~ ~ ~ (=S. urticifolia) ~ ~ ~ Syagrus romanzo/liana queen palm II C, S t t ~ ~ (=Arecastrum romartoffianum) ~ ~ Sy'zygium jambas rose-apple 11 C, S . ~ ~ ~ ~ ~ Terminalia cnlnppa tropical-almond II C, S Terminalia muelleri Australian-almond 11 C,S ~ ~ ~ ~ ~ ~ ~ Tradescantia spathacea oyster plant If S (=Rlioeo spathacea, Rhoco discolor) ~ i ~ ~ ~ Tributus tistoides puncture vine, burr-nut 11 N, C, S ~ ~ ' ~ Urena lobuta Caesar's weed Il N, C, S ~ ~ Vitexnifolia simple-lealchaste tree II C, 5 ~ • ~ Washngtonia robusta Wushingti~n fan palm. II C, S ' + ~ - ~ Wedelia (see SphaRtteticola above) f • ~ ~ Wisteria sinensis Chinese wisteria lI N; C ~ . ~ • ~ ~ Xanthosdma sagittifolium malatiga, elephant ear lI N?, C, 5 ~ ~ ~ ~ ~ ~ Citation exantple; ~ FLEPPC. 2007. list of Florida's Invasive Plant Species. Florida Exotic Pest Plant Council Internet http~//www,tleppe- org/071isLhtm or Wildland Weeds Vol. 10(4). Fa112007 ltu' 200! list was prc~paned by the 1 I LPPC: PIa6t Litit Cornuritiee: 11 • ~ Keith A. Bradley -Chair (2006-present), `Phe Institute for Regional (=onscrvation, 22601 S.W 152" Ace., Miami, FL 33170 ~ ~ ~ Kathy Craddock Burks - Ctuir (2001 X006) Nancy Craft Coile, Botanist Emerita, Division of Plant Industry, Florida Deparunent of Agriculture and Consumer Seances, "_804 N W Counn~ Road 2054, Alachua, FL 32615 Janice A. Duquesnel, Florida Park Sernce, Flotida Deparunent of Environmental Protection, PO Box lOSZ, Islamorada, FL 33036 David ~V Hall, Prn-ate Consulting Botanis[,3666 N. W 13"' Place, Games~~lle, FL 32605 i ~ - ~ Roger L. Hammer, Miami-Dade Parks Depanment, Castellow Hammock Nawre. Center, 22301 S.bV. 162"~ Ave., Miami, Fl_ 33030 Patricia I_. Howell, Broward County Parks, Environmental Section, 950 N W 38"' Street, Oakland Park, FI_ 33309 Colette C. Jacono, U S. Geological Survey, Center for Aquatic Resources Swdies, 7920 N\b' 71st Street, Gainesville, FL 326>3 ~ • ~ ~ ~ t Kenneth A. Langeland, Censer Cor Ayuatlcand Invasive Plants, tf~5, University of Florida, 7922 N.V.! 71st St., Gainesv1le, PL 32606 t Chris Lockhart, Florida Nawral Areas Inventory, c/o EO. Box 243116, Boynton Beach, FL 33924-311( ~ • , ~ - Gil Nelson, Gil Nelson Asscxiates, 15 % Leonard's Drive, Thomasville, GA 31792 Robert W. Pemberton, Invasive Plants Research Lab, U.S. Dept. oEAgrculiure, 3225 College Ave., Ft. Lauderdale, 1'L 33312 Jimi L. Sadie, Everglades National Park, 40001 State Road 9336, Homestead, PL 33034 ~ ~ • ~ " Robert W. Simons, 1122 S bV 11th Avenue. Gainesvdile, FL 32601-7816 ~ • r, ~ ~ ~ , ~ Sandra Vii. Vardaman, Alachua County Forever Land Conservation Frogram, Alachua County Environmental Protection Dept., 201 SE Znd Avenue, Suite 201, Gainesville, Florida 32601 Daniel B. Ward, Department of Botany, Univeriq' of Florida, 220 Bartram Hali, Gainesville, FL 32611 ~ ~ ~ ' ~ ~ ~ Richard P. R'underlin, Institute for Systematic Botany Dept. of Biological Sciences, university of South Flotida, Tampa, FL 33620 t i ~ FT.EPPC. batabase -The Florida Exotic Fest Flant Database contains crver 6,000 sight records of infestations of Fl-EFPC ~ ~ ~ ~ ~ Category I and Category ll species in Florida public lands and waters. 350 species are recorded. Nearly all of the records ~ • ~ ; t are from local, state, and federal parks and preserves, a few records document infestations in regularly disturbed public • ~ ~ • ~ lands such as highway or utility rights-of-way. Natural area managers and other veteran observers of Florida's natural landscapes submit these records, with many supported further by voucher specimens housed in local or regional her- e baria for future reference and verification. brew and updatzd obsernations can be submitted online at www.fleppcorg/ ' ~ ~ ~ ~ EDDMapS/ This database, along with other plant-data resources such as the University of South Florida Atlas of Florida • ~ Vascular Plants at ~+•ww plantatlas.usledu, the Florida Natural Areas inventory database at www firai org, and The Institute for Regional Conservation Floristic Inventory of South Florida database at www regionalconsea,ation.org, provides important basic supporting information for the FLEPPC List of invasive Plant Species. luia~~es of PL.EPPG-listed species may be. found at one or more of the following websites Llniversity of South Flotida Atlas of Florida Vascular Plants, vnvw plantatlas.ust.edu; the "Introduced Species" page on the university of Florida Herbarium website, yaws+' flmnh ufl.edu/herbarium/cat/digitalimagingprojects.htm~, at Fairchild Tropical Garden's Virtual Herbarium, wwtiv.vietualherbanum org/vhportal html, The Robert K Godfrey Herbarium at FSU, http://hetbarium.bio. P Lu edti/index php; and at the University of Florida's Center (or Aquatic and invasive Plants, blip://plantsSlas ufl,edu. Please note that greater success and accuracy in searching Cor plant images is likely if you search by scienn[ic name rather than a common name. Conunon names often vary in cultivation and across regions. For additional infonnatinn on plants included in this list, see related links and pages at www.tleppc.org. ' 1 1 1 1 ' FLEPPC 2007 List of Invasive Plant Species -Fall 2007 EXHIBIT "J" EASEMENTS AND COMMON AREAS Section 1. Members' Easements of Enjo ment Every Member subject to assessments as provided in Exhibit "J", Section 4 hereof, shall have a right and easement of enjoyment in and to the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Lot and Home. Members' rights and easements of enjoyment are subject to being suspended as elsewhere provided herein. Section 2. Title to Common Areas. The Developer may retain the legal title to the Common Areas until such time they have completed improvements thereon and until such time, as in the opinion of the developer, the Association is able to maintain the same, but, notwithstanding any provisions herein, the Developer hereby covenants, for himself, his heirs, successors and assigns that he shall convey the Common Areas to the Association not later than 30 days after the end of the Development Period, free and clear of all liens and encumbrances, except real property taxes for the year in which the conveyance takes place and any easements or other non-exclusive rights of use granted by the Developer. The Developer's title may consist of easement interests as well as underlying fee interest. Section 3. Use of Common Areas for Recreation Utilities Roadways and Drainage The Common Areas may be used for recreation, utilities, roadways and drainage from the properties and other contiguous property, as well as for open space, rights of ingress and egress and other related activities. No structure, planting or other material shall be placed or permitted to remain in the Common Areas which might impair or interfere with the structures an improvements, if any, for handling drainage or temporary retention of storm water with respect to The Properties as originally designed or approved by appropriate regulatory authority. a. As herein before provided, the obligation to maintain the Common Areas for recreation, utility, roadway and drainage purposes shall be an obligation of the Association and each Member of the Association shall be required to make periodic payments of the assessments established by the Association in order to meet such financial obligation. b. In the event this association is dissolved or otherwise ceases to exist, then in such event the Developer shall have the right to assign, transfer and deliver over to a governmental authority or to any other like organization the powers herein reserved to this Association. However, the local government authority and any special assessment district created thereby is under no obligation to accept any such assignment or transfer. Section 4. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: a. The right of the Association, as provided in its Articles and By-Laws, to suspend the enjoyment of the Common Areas and voting rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and b. The drainage and temporary retention of stormwater runoff uses of the Common Areas referred to in Section 3 of this Exhibit, and elsewhere herein; and 23 c. The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility, subject to the acceptance of such dedication or transfer by the public agency, authority or utility, for such purposes and subject to such conditions as may be agreed to by the Members, as hereinafter provided; provided that no such dedication or transfer or determination as to the purposes or as to the conditions hereof shall be effective unless an instrument signed by the president and Secretary of the Association be recorded, certifying that at a special or regular meeting of Members called for such purpose, of which written notice was sent to all members called for such purpose, of which written notice was sent to all members at least thirty (30) days in advance setting forth the purpose of the meeting, atwo-thirds (2/3) majority of the Members who voted in person or by proxy was obtained, agreeing to such dedication or transfer. Section 5. Utility and Other Easements There is reserved unto the Developer until the end of the Development Period, the right to grant easements for the installations and maintenance of public utilities on the Common Areas in addition to those already reserved. Once granted, such easements shall continue in force and effect as provided by their terms. No such grant shall require the removal or relocation of any improvements existing on the Common Areas on the date of the grant. Section 6. Permits and Licenses After the Development Period, the Association shall have the right to exercise the Developer rights provided in Exhibit "I", Section 5 above and also grant permits, licenses and easements over the Common Areas for utilities, roads and other purposes reasonably necessary or useful for the property maintenance or operation of the project. Section 7. Conservation Easements. The Declarant reserves the right to grant Conservation Easements to qualified guarantees over and across Conservation Areas, Common Property, Open Space or Surface Water Management Systems. The Sea Turtle Protection requirements are attached to this Declaration as Exhibit "F". Section 8. Maintenance of Conservation Easements. No trimming of native vegetation shall be permitted in the Conservation Easement without the expressed written approval of St. Lucie County, the ARC, and applicable federal, state or local agencies. No native vegetation shall be removed from the Conservation Easement without the expressed written approval of St. Lucie County, the ARC, and applicable federal, state or local agencies. Planting ofnon-native vegetation is strictly prohibited within the conservation easement. Any planting ofnon-native vegetation adjacent to the conservation easement must be strictly maintained so as to prohibit any encroachment of said vegetation into the conservation easement. The POA shall maintain, in perpetuity, the lands dedicated as a Conservation Easement in accordance with the approved Preserve Area Management and Monitoring Plan, May 2007. Said maintenance shall include, but not be limited to, exotic vegetation removal, replanting with appropriate native vegetation, vine control, and removal of debris/trash, as from time to time might become necessary. Furthermore, the POA agrees that it shall take private enforcement action against any member, including lessors and lessees, of the POA who violate the rules relating to use/maintenance of the designated Conservation Easement. It is the intention of this provision that the Association shall maintain a maintenance schedule to keep the conservation easement ecologically functional, of high quality, and free of exotic vegetation to the extent reasonably possible. 24 EXHIBIT "K" COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligations of Assessments. Except as hereinafter more fully provided, the Developer, for each Lot or home owned by him hereby covenants and each Owner of any Lot or Home by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: a. Annual assessments, fees or charges; and b. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided; and The annual and special assessments, together with such interest and cost of collection as herinafter provided, shall be a charge and continuing lien on the Lot or Home, as the case may be, against which it is made. Each such assessment, together with such interest and cost of collection as herinafter provided, shall also be the personal obligation of the person or entity that was the Owner of such property at the time when the assessment came due. Section 2. Purpose of Annual and Special Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the health, and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas, and repair, replacement and additions thereto, and for the cost of labor, equipment, materials, management and supervision therof. The Association shall establish and maintain an adequate reserve fund to provide for the periodic maintenance, repair and replacement of improvements to the Common Areas. The fund shall be maintained out of regular assessments for common expenses. Section 3. Fiscal Year. The Association's fiscal year shall begin July 1, and end June 30 of each year. Section 4. Date of Commencement of Annual Assessments: DUE DATES. The Annual Assessments provided for herein shall commence on the date the improvements and amenities, as stated herein, are completed or the date on which a Certificate of Occupancy for a home is issued by St. Lucie County, whichever occurs first, herein called the "Date of Commencement." The first Annual Assessment shall be levied for the balance of the calendar year in which it is imposed. The assessments for any year, after the first year, shall be payable on the first day of July of each year. The amount of the first Annual Assessment shall be an amount which bears the same relationship to the Annual Assessment provided for in Exhibit "J", Section 5 hereof as the number of days remaining in the year of the first Annual Assessment (from and including the month of the Date of commencement) bears to three hundred sixty-five. The same pro-rata approach shall apply to the first assessment levied against any property which is hereafter added to the Properties now subject to assessment at the time other than the beginning of any assessment period. The due 25 date of any special assessment under Exhibit "J", Section 6 hereof shall be fixed in the resolution authorizing such assessment. Section 5. Basis and Maximum of Annual Assessments Except as herinafter otherwise provided, Annual Assessments for the initial year and subsequent years of operation of the Association shall be as follows: a. For each Lot ....................$10,000.00 These annual assessments are subject to proration as provided in Section 4 of this Article, and are subject to increase in subsequent years as provided herein below. Except as otherwise provided, all assessments shall be payable from the date determined by the Board of Directors. The Developer shall not be required to pay annual or special assessments, unless the Developer actually owns a lot or home, in which case, the Developer shall be liable for and shall pay assessments as other Lot or Home owners. The Annual Assessments may be adjusted by vote of the membership, as hereinafter provided, for the next succeeding year and at the end of each such period one year, for each succeeding period of one year; or, at the discretion of the Board of Directors, the Annual Assessment may be increased annually, provided that such increase shall not be in excess often per cent (10%) above the assessment for the previous year without the approval of the membership by the vote required in Section 7. Section 6. Special Assessments for Capital Improvements In addition to the Annual Assessments referred to in this Article, the Association may levy in any assessment year a special assessment, applicable to the time required for payment, for the purpose of defraying in whole or in part, the cost of any construction or reconstruction or unexpected repair or replacement of a described capital improvements upon the Common Areas, including the necessary fixtures and personal property related thereto; provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of the Members who are present in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting. The extent and frequency of the dune restoration will be based on the dune condition. The POA will establish and maintain a Dune Fund for the monitoring, maintenance and restoration of the dune as required. It is anticipated that the dune will be renourished periodically or after significant storm erosion events. All dune work will be completed according to the Sea Turtle Protection Plan and per the FDEP CCCL permit No. SL-233. Section 7. Change in Basis and Maximum of Annual Assessment Subject to the limitations of Section 5 hereof, and for the periods therein specified, the Association my change the maximum and basis of the assessments fixed by Section 5 hereof prospectively for any such period; provided that any such change shall have the assent of two-third (2/3) of the votes of the Members who are present in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting. 26 Section 8. Quorum for Any Action Authorized under Sections 6 and 7. The quorum required for any action authorized by Section 6 and 7 hereof shall be as follows: At the first meeting called, as provided in Section 6 and 7 hereof, the presence at the meeting of Members, or of proxies, entitled to cast sixty-six and two-thirds (66 2/3) percent of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 6 and 7, and the required quorum at any such subsequent meeting shall be thirty-three and one-third (33 1/3) of all votes of the membership. Section 9. Duties of the Board of Directors. The Board of Directors of the Association shall fix the Date of Commencement and the amount of the assessment against each Lot or Home for each assessment period at least thirty (30) days in advance of such date or period and shall, at the time, prepare a roster of the Owners and assessments applicable thereto which shall be open to inspection by any owner subject thereto. The association shall, upon demand at any time, furnish to any Owner liable for said assessment, a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 10. Effect of Nonpayment of Assessment; The Personal Obligation of the Owner• the Lien; Remedies of the Association. If the assessments are not paid on the date when due (being the dates specified in Section 4 hereof), then such assessments shall become delinquent and shall, together with such interest and cost of collection as hereinafer provided, become a continuing lien on the property which shall bind such property in the hand of the then Owner, his heirs, devises, personal representatives and assigns. The Lot or Home Owner agrees that it shall be liable for and promptly pay as and when due to the Association all assessments as provided herein and in the Articles of the Association and the By-Laws. The Lot or Home Owner agrees and understands that in the event that a Lot or Home Owner fails to make payment as and when due, the Association shall have the right to record a lien against the Owner's Lot or Home in the form of a statement signed by President or Vice-President of the Association in recordable form. The Association shall have the right to enforce the lien in the manner provided under Florida law for the foreclosure of liens. The Lot or Home Owner shall pay interest on the amount owed at the highest rate permitted by law and all court costs and attorneys' fees incurred in collection, including preparation and filing of any assessment lien, as well as all fees incurred in foreclosure of such lien. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation. Provided, however, that no voluntary sale of any Lot or Home shall be effective, nor shall any marketable title be conveyed unless and until the Seller has obtained from the proper officers of the Association a certificate, in recordable form, attesting to the fact that the Seller has paid all assessments then due, as provided herein. If no such certificate is obtained and recorded, the Purchaser shall be conclusively presumed to have assumed such past due assessments and shall become forthwith personally liable therefore. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the highest rate permitted by law, 27 and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property and there shall be added to the amount of such assessment, all costs of collection, including but not limited to the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as provided above and a reasonable attorney's fee to be fixed by the Court together with the costs of the action. Section 11. Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed upon the Lot or Home subject to assessment. The sale or transfer of any Lot or Home shall not affect the assessment lien. However, the sale or transfer of any Lot or Home pursuant to a mortgage foreclosure or any proceeding in lieu thereof or the bona fide conveyance to the first mortgagee in satisfaction of a first mortgage shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No such sale or transfer shall relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment, which again will be subordinated to the lien of a new first mortgage placed upon the Lot or Home. Section 12. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments, charges and liens created herein: (a) all properties to the extent any easement or other interest therein is dedicated and accepted by the local public authority and devoted to the public use; and (b) all Common Areas as defined in Article 1, Section 1 hereof. However, said Common Areas shall be subject to St. Lucie County taxes and Municipal Service Taxing District taxes and special assessments, if any, to the extent that the tax assessment and valuation of Lots and Homes does not include the value of the Common Areas. 28 EXHIBIT "L" MAINTENANCE OF COMMON AREAS AND AUTHORITY OF ASSOCIATION Maintenance of the Common Areas and the Authority or the Association may include, but is not necessarily limited to, the following items: a. Operating and maintaining the Common Areas; b. Maintaining unkempt lands or trees; c. Fixing and collecting assessments (or charges) to be levied against the Properties; d. Enforcing any and all covenants, restrictions and agreements applicable to the Properties; e. Paying taxes and insurance, if any, on the Common Areas and facilities; f. Maintaining grounds and landscaping of the Common Areas g. Cleaning and maintaining parking areas, if applicable; h. Removing waste from the Common Areas; i. Paying the utilities costs for the Common Areas, including water, sewer, electricity, etc; j. Maintaining perimeter fence and landscaping; k. Paying for other miscellaneous services which may be required, such as security system maintenance, fire extinguisher services, etc.; 1. Maintaining a reserve for future maintenance and repairs; m. Maintaining, repairing and replacing the Common Area streets, community dune crossover and other amenities; n. Maintaining the private streets and roads; o. Maintaining the surface water management system; p. Maintaining any signage and/or fencing associated with the Conservation Easement as well as responsibility for monitoring the Preserve Areas as required by FDEP Permit No. 56-0264272-001 q. Maintaining the dune. 29 EXHIBIT "M" GENERAL PROVISIONS Section 1. Amendments. These Covenants and Restrictions shall run with and bind the land, for a term of twenty (20) years from the date these Covenants and Restrictions are recorded, after which time they shall be automatically extended for successive periods of ten (10) years. These Covenants and Restrictions may be amended by an instrument signed by not less than two-thirds (2/3) of the Lot Owners. Any amendment shall require the written consent of the Developer as long as the Developer owns any Lot or Home. No amendment shall affect the priority of the lien of any first mortgage on any Lot over the lien of the assessments provided for herein unless the holder of the mortgage joins in the execution of the amendment. Any amendment must be recorded. Section 2. Duration. The Covenants and Restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developer, the Association or the Owner of any land subject to this Declaration and their respective legal representatives, heirs, successors and assigns. Section 3. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 4. Enforcement. The Association or any owner shall have the right to enforce these Covenants and Restrictions by a proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain the violation or to recover damages, and against the land to enforce any lien crated by these covenants; and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In addition, the Association shall have the right, whenever there shall have been built on any Lot any structure which is in violation of these Covenants and Restrictions, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the Owners; and such entry and abatement or removal shall not be deemed a trespass. Section 5. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision hereof, which shall remain in full force and effect. Section 6. Information. The association is required to make available to Lot or Home Owners and lenders, and to holders, insurers or guarantors of any first mortgage, current copies of the Declaration, Articles, By-Laws, other rules concerning the project and the books, records and financial statements of the Association. "Available" means available for inspection, upon request, during normal business hours or under other reasonable circumstances. 30 Section 7. Financial Statements Any holder of a first mortgage shall be or is entitled, upon written request, to a fmancial statement of the Association for the immediately preceding fiscal year. Section 8. Lender's Notices. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor and the property number or address, any such eligible mortgage holder or eligible insurer or guarantor will be entitled to timely written notice of: a. Any condemnation loss or any casualty loss which affects a material portion of the project or any property on which there is a first mortgage held, insured, or guaranteed by such eligible mortgage holder or eligible insurer or guarantor, as applicable; b. Any delinquency in the payment of assessments or charges owed by an Owner of a property subject to a fist mortgage held, insured or guaranteed by such eligible holder or eligible insurer or guarantor, which remains uncured for a period of 60 days; c. Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; d. Any proposed action which would require the consent of a specified percentage of mortgage holders. Section 9. Water Taps. Owners shall reimburse the Developer for the full amount paid by the Developer for the water taps, at the time of closing. Section 10. Cable Television. Owners are required to purchase a cable television hookup for each home built. Section 11. Sewer Taps. Owners shall reimburse the Developer for the full amount paid by the Developer for the sewer taps, at the time of closing. Section 12. Attorneys' Fees In all litigation involving this Declaration or regulations promulgated pursuant to the Declaration, including provisions of the Declaration or regulations regarding architectural or environmental control, the prevailing party shall be entitled to collect and shall be awarded attorneys' fees and court costs. 31 EXHIBIT "N" SUNSET BEACH ARCHITECTURAL REVIEW BOARD, RESTRICTIONS AND LIMITATIONS IN WITNESS WHEREOF, the Owner has caused this instrument to be executed this day of , 2007 Signed, Sealed anal Delivered In the presence of: Sunset Beach Investments, LLC. 1. Claude Sims Managing Member 2. State of County of I HEREBY CERTIFY that on this day of , 2007, before me personally appeared ,known by me to be the person described in an who executed the foregoing Declaration of Restrictions for the uses and purposes set forth. Given under my hand and seal this day of , 2007. Notary Public 32 EXHIBIT "O" COVENANTS, CONDITIONS AND RESTRICTIONS FOR SWIMMING POOL CONSTRUCTION AND OWNERSHIP FOR SUNSET BEACH SUBDIVISION, ST. LUCIE COUNTY, FLORIDA Prior to the commencement of any construction, installing equipment, erecting fences or walls, landscaping or installing exterior lighting systems, plans for all such activity must be submitted in writing to the Sunset Beach ARC for approval I. Construction A) Construction must comply with Standard Swimming Pool Codes for the state of Florida. B) Construction must comply with all local, state and federal codes and laws C) Construction must be completed within 100 days from commencement of construction D) Pool must be constructed of poured marcite, gunite or Pebble Tec. E) The size, shape and setting of pools, including spas, must be designed to be compatible with the existing natural and man made environment. F) Screen enclosures must be approved by ARC II. EQUIPMENT A) Swimming pool equipment may not be erected or located on the sides or front of existing or future dwellings. B) Filtration equipment must be installed so as to prevent open discharge of backwash effluent to ground surface. C) Pool equipment must be screened from view using current architectural guidelines for materials, color and design. III. FENCES AND WALLS A) No fence or wall shall exceed five (5) feet in height. B) Fencing shall be vinyl or aluminum powder coat or conform to current community architectural standards. C) All fences and walls shall be maintained in a structurally sound and attractive Manner, but shall be designed to be "frangible" as defined by the FDEP. D) No fence or wall shall be erected until the ARC has given its prior written approval of the color, size, design, materials and location for such fence or wall. 33 IV. LANDSCAPING GUIDELINES A) The submission of a comprehensive landscape plan for the pool site and adjoining perimeter shall be required in conjunction with any proposal for the installation of a pool. Landscaping, per the plan approved by the ARC, shall be installed within 30 days of substantive completion of pool construction. B) Landscape improvements include, but are not limited to, trees, shrubs, ground covers, annual and perennial flowers, turf grasses, mulches, irrigation and landscape lighting systems, an similar existing and introduced improvements. C) No planted material shall be used that will offend or obstruct the view of neighboring lots within the community. D) Planted material shall be maintained in a neat and unobtrusive manner at all times. V. POOL USE REGULATIONS & NOISE RESTRICTIONS The following activities are prohibited within the boundaries of the designed pool area: (1) any activity that causes an unhealthy condition or violates local, state or federal laws; (2) any activity which causes an unclean or untidy condition, except during the normal course of construction or construction repair or improvements; (3) any noxious or offensive activity that causes discomfort, annoyance or nuisance to Residential Owners an Occupants, except during the normal course of construction or construction repair or improvements; (4) accumulation of rubbish, trash, or garbage within the designed pool area. Also, (5) no radio, stereo or other device transmitting sound, live or recorded, or any noise from any other source, shall be played in any loud manner. Loud manner is defined as any decibel level which reasonably constitutes an annoyance to neighboring units. Summary of rules of this section shall be clearly posted for display in pool area at all times. VI. MAINTENANCE A) Swimming pools area must be well-maintained, safe, clean and free of debris and in an attractive landscaped condition at all times. B) Pool must be maintained a minimum of once per week by a licensed Certified pool and Spa Operator. 34 EXHIBIT "P" FDEP PERMIT NO. 56-0264272-001 TO BE INSERTED ONCE PERMIT IS OBTAINED 35 EXHIBIT "R" ACOE PERMIT NO. SAJ-2006-2796 (IP-AAZ) TO BE INSERTED ONCE PERMIT IS OBTAINED 36 / Date Submitted: Fee: Permit No: 'k'hli.:. ~T ST. LUCIE COUNTY NOTICE OF VEGETATION REMOVAL APPLICATION Please complete the requested information and submit to the St. Lucie County Building & Zoning Department. For additional information, please contact the St. Lucie County Environmental Resources Division at (772) 462-2526. Filing this application does not result in an authorization to commence any Vegetation removal or alteration. Prior to the commencement of any vegetation removal an approved Vegetation Removal Permit or Exemption Verification is required. Incomplete applications will not be accepted or will be returned in accordance with section 11.05(c) of the St. Lucie County Land Development Code. PROJECT INFORMATION OWNERS NAME: Sunset Beach Investments, LLC PROJECT LOCATION ADDRESS: 207 Carsons Creek Drive CITY: Dawsonville STATE: GA ZIP: 30534 CONTACT PHONE#: 706-429-6278 SUBDIVISION: N/A ZONING:PUD PARCEL SIZE 29.1 PROPERTY TAX ID#:2529-233-0002-000/0 LAND CLEARING CONTRACTOR INFORMATION (IF APPLICABLE): TBD NAME: ADDRESS: FLORIDA REG/CERT# ST. LUCIE CO.CERT.# BRIEFLY DESCRIBE THE VEGETATION REMOVAL ACTIVITY AND THE PROPOSED DEVELOPMENT ACTIVITY TO TAKE PLACE ON THE PROPOERTY: an access roadway, single family residential lots, infrastructure, and a dune crossover will be constructed for this project PLEASE CHECK ANY OF THE FOLLOWING THAT APPLY: X THIS PROPERTY CONTAINS A WETLAND. X THIS PROPERTY CONTAINS SPECIES LISTED AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN. THIS PROPERTY ABUTS THE NORTH FORK OF THE ST. LUCIE RIVER, TEN MILE CREEK, OR FIVE MILE CREEK. X THIS PROPERTY ABUTS THE INDIAN RIVER LAGOON. UPDATED2/2005 PART 1 EXEMPTION. Any person who intends to remove or cause the death of any vegetation pursuant to any of the following exemptions must first fill our Part 1 of this form. The burden of proving entitlement to any particular exemption shall lie, at all times, with the person or persons claiming the exemption. PLEASE CHECK ON OF THE FOLLOWING: 1. The minimal removal of native vegetation necessary for the clearing of a path not to exceed 4' in width, to provide physical access or view necessary to conduct a survey or site examination OR 10' in width to provide vehicular access necessary to conduct soil percolation or soil bore tests, for the preparation of bona fide site development plans or vegetation inventories; provided such clearing or removal is conducted under the direction of a Florida registered surveyor or engineer. 2. The removal of native vegetation in a utility easement, drainage easement, storm water management tract or facility, or right-of--way provided such work is done by or under the control of the operating utility company and that company has obtained all necessary licensed or permits to provide utility service through the easement. 3. The removal of native vegetation which has been determined to be a safety hazard, destroyed or damaged beyond saving by natural causes or causes not covered by other sections of this chapter, is infected with disease or is infested with insects, or which constitutes immediate peril to life property or other trees. 4. The removal of native vegetation, upon any detached single family residential lot or parcel of land having an area of one (1) acre or less. This exemption is, however, subject to the following conditions. A) Nothing in this exemption shall exempt any person from the landscaping requirements set forth in Section 7.09.00 of this Code; B) This exemption shall not be constructed to allow the removal or alteration of any protected vegetation without a Vegetation Removal Permit on any exempted lot or parcel of land by its subdivider unless the subdivider intends in good faith to construct a residential unit or units upon the lot or parcel of land prior to its sale. Advertisement or listing the lot or parcel of land for sale without a residential unit shall create a presumption that the subdivider does not intend to construct such a unit and that the intent is for a subsequent purchaser to develop the lot or parcel. C) No native vegetation twenty-four inches (24"), or greater,dbh shall be removed from any residential parcel (including those in the AG-5, AG-2.5, AG-1, RE-1, and R/C zoning districts), regardless or parcel size, without an approved Vegetation Removal Permit and an approved mitigation on individual residential lots '/z acre or less where protected tree 24" dbh or greater must be removed in order to provide for the reasonable use of the property. 5. The removal of any non-native vegetation. 6. The following activities do not require the application of a Notice of Vegetation Removal however, one may be required for Building Permit approval or other such authorization: ($0.00 Fee) a. No vegetation to be removed. b. Preserve and Pazks Management Activities. Vegetation removal activities associated with an adopted management plan for government maintained parks, recreation areas, wildlife management areas, conservation areas and preserves. The purpose of the vegetation removal activity shall be to protect and preserve the natural values and functions of the ecological communities present, such as, cleazing for firebreaks, conducting prescribed burns, or construction offences. c. Existing Agricultural Operations. Vegetation removal associated with subsequent harvesting activities, except with required preserve area or deeded conservation easements, which are part of the on-going activities of the existing operation shall not require a permit. Initial clearing of a site is not an exempt activity. Bona fide agricultural activities include commercial nursery, tree farm, aquaculture, ranch, or similar operation. d. Routine Landscape Maintenance. Trimming or pruning of vegetation which is not intended to result in the eventual death of the vegetation, mowing of yards or lawns, or any other landscaping or gardening activity which is commonly recognized as routine maintenance, replacement or relandscaping which does not result in the eventual death of the vegetation, mowing of yards or lawns, or any other landscaping or gardening activity which is commonly recognized as routine maintenance, replacement or relandscaping which does not result in the eventual death of any vegetation, does not require the approval of a Notice of Vegetation Removal. UPDATED 2/2005 PART II- VEGETATION REMOVAL PERMIT Applicants removing vegetation, and who do not qualify for an exemption must fill out Part II of this form. Please complete ALL of the requested information. The Public Works Director, or his designee shall issue a Vegetation Removal Permit only if sufficient evidence demonstrating at least on of the following criteria has been satisfied. 1. The applicant for vegetation removal permit shall demonstrate why removal of the existing vegetation is necessary for the reasonable development of the site or why preservation of the existing vegetation is not practically feasible and prevents the reasonable development of the site. The mangrove impacts have been minimized from 2.97 AC to 0.67 AC. 2. The removal of the native vegetation is the minimum necessary in order to implement a Final Development Order. The mangrove impacts have been minimized from 2.97 AC to 0.67 AC. 3. A Final Development Order has not been issued, or is not required by this Code for the intended non-agricultural use of the land and vegetation is the minimum necessary to allow for the construction of the intended use or improvement. The mangrove impacts have been minimized from 2.97 AC to 0.67 AC. SUBMITTAL REQUIREMENTS FOR VEGETATION REMOVAL PERMITS: 1. Vegetation/Tree Survey -For individual single -family or duplex development lots, the site vegetation survey may be a sketch provided that the sketch accurately and completely depicts the areas of vegetation removal and protection. For any residential development activity which requires the submittal of a site plan approval, or any non-residential development activity, the site vegetation survey must accurately depict the location of all proposed buildings, structures, driveways, septic tanks, and other improvements drawn to scale; and the existing vegetative conditions on the project site, including an identification of what areas will be impacted by the proposed development activity and what areas are proposed for protection/preservation. The individual locations of all County-protected trees, measuring improvement and within twenty (20) feet of all proposed improvement areas shall be shown on the plan. For the purpose of the requirement, improvement areas shall include all subdivision lot lines and maximum buildable areas, as identified in Section 11.02.10 (A) (3) (d). 2. List the number and type of trees to be removed (example: two 12" Live Oaks, on 24" Slash Pine, etc)_ 0.67 acre of mangroves will be removed as a result of filline 0.67 acre of mosquito impoundment Due to the nature of the system surveyinQ each mangrove isn't feasible. 3. Mitigation Calculations and Plan (If required) The vegetation Removal Permit shall only be issued after an acceptable mitigation plan has been reviewed and approved. Prior to the issuance of any zoning compliance, certificate of capacity or other recognized authorization for the commencement of the permitted development activity, the replacement trees shall be planted, relocated, or preserved or the 12.7 of the 13.4 acres of mangroves are being_preserved as part of this project. Additional mitigation is proposed as part of the project. See the miti ag tion plan within the plans set submitted. PART III-VEGETATION SALVAGE PROGRAM The applicant is encoura ee d to participate with the salvage of this vegetation Native upland vegetation which cannot be preserved or relocated on site shall be considered surplus. The applicant shall attach to this application a list of the available vegetation including the species names and approximate quantity and sizes of each species. The applicant shall physically mark (so no inadvertent destruction occurs) available vegetation on site to afford easy identification. The vegetation shall remain available for removal for at least twenty (20) business days after issuance of the permit. The applicant is encouraged to participate with the salvage of this vegetation. ***s****s***********r***************s**s**************s*****************~*s***s**s**** PLEASE HAVE THE FOLLOWING ACKNOWLEDGEMENTS NOTARIZED: I CERTIFY THAT: (CHECK ONE) A. (X) I AM THE OWNER OF RECORD OF THE ABOVE DESCRIBED PROPERTY. B. ( ) I AM NOT THE OWNER OF RECORD OF THE ABOVED DESCRIBED PROPERTY; HOWEVER, I HAVE AUTHORITY TO ACT AS AGENT FOR THE OWNER OF RECORD. (PLEASE PROVIDE DOCUMENTATION). I CER THAT ALL INFORMATIO SUBMITTED WITH THIS APPLICATION IS TRUE AND CO T O THE BE F OWLEDGE. AGENT SI ATURE CONTRACTOR SIGNATURE STATE OF FLORIDA, STATE OF FLORIDA, COUNTY OF ST. LUCIE COUNTY OF ST. LUCIE The foregoing instrument was acknowledged The foregoing instrument was acknowledged before me this. day of 20~ before me this day of , 20 , by ~ icw~e S,n-,S ,who is by ,who is personally know to me or has produced personally know to me or has produced as identification. as identification. ignature of Notary Signature of Notary Type or Print Name of Notary Type or Print Name of Notary Notary Public Title Notary Public Title Commission Number Commission Number oar No a e o on a = Dery' rvenak (SEAL): M C~~'t~~ron DD464203 M~oaM1°~° E p,n3s09101R009 *******~****************s****s********~****«***~*****~********~***** FOR OFFICE USE ONLY , VEGETATION REMOVAL PERMIT APPROVED EXEMPTION VERIFIED_ APPLICATION DENIED _ SALVAGE OPERATION APPROVED CONDITION S/COMMENTS: APPROVED BY:: ENVIRONMENTAL RESOURCES DIVISION / DATE UPDATED 2/2005 Environmental Impact Report Sunset Beach PUD Section 29, Township 35 South, Range 41 East St. Lucie County, Florida Prepared by: Sunset Beach Investments, LLC 207 Carson's Creek Drive Dawsonville, GA 30534 Apri12006 Revised April 2008 TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION 1 1.1 Project Location 1 1.2 Purpose .................................................................................................................1 2.0 METHODOLOGY 1 2.1 Vegetation (FLUCFCS) 1 2.2 Topography ..........................................................................................................1 2.3 Wetlands Determination 2 2.4 Threatened and Endangered Wildlife Species Survey 2 2.5 Preliminary Agency Coordination 2 3.0 VEGETATION AND SUBSTRATE 2 3.1 Vegetative Communities 2 3.2 Soils ......................................................................................................................3 4.0 WETLANDS AND OTHER SURFACE WATERS ..........................................4 5.0 JiJRISDICTIONAL CONTROL 5 6.0 BUILDING ELEVATION 5 7.0 STORM OVERWASH/DUNE BREACHING 5 8.0 FEDERAL AND STATE PROTECTED SPECIES SURVEY 5 9.0 ENDANGERED, THREATENED, AND OF SPECIAL CONCERN 6 10.0 SURFACE WATER MANAGEMENT PLAN 11 11.0 SEA TURTLE PROTECTION PLAN (STPP) 11 12.0 SHORELINE STABILIZATION PLAN 11 13.0 GOPHER TORTOISE PROTECTION PLAN 11 14.0 IMPACT ASSESSMENT 11 14.1 Vegetation ......................................................................................................11 14.2 Wildlife ..........................................................................................................11 14.3 Onsite .............................................................................................................12 14.4 Offsite 12 14.5 Impact minimization 12 14.6 Impact mitigation 12 15.0 SUMMARY .......................................................................................................13 FIGURES Figure 1- Location Map Figure 2- Quadrangle Map Figure 3- Vegetation (FLUCFCS) Map Figure 4- Soils Map Figure 5- FEMA FIRM Map i TABLES Table 1-FAUNA- Potential Federal and State Listed Species in the Vicinity of the Proposed Project Area Table 2-FLORA- Potential Federal and State Listed Species in the Vicinity of the Proposed Project Area APPENDICES Appendix A-Site Photographs Appendix B-March 2008 FNAI St. Lucie County Species Tracking List ii 1.0 INTRODUCTION 1.1 Project Location The project site is located in Section 29, Township 35 South, and Range 41 East on South Hutchinson Island, 1,700 feet north of the Middle Cove beach access in St. Lucie County, Florida. The site is divided by State Road AlA (AlA) and is located between the Atlantic Ocean and the Indian River Lagoon (IRL). A location map is attached as Figure 1. Site photographs are included as Appendix A. 1.2 Purpose This report documents and characterizes the natural resources found onsite and identifies potential impacts that may result from construction of the proposed oceanfront residential development. This report also provides a description of the approach used to conduct the natural resources survey and to evaluate the impacts of the proposed project. 2.0 METHODOLOGY Kimley-Horn and Associates, Inc. (KHA) conducted site visits, regulatory agency coordination, and reviewed readily available documentation to provide the required data for this report in accordance with the St. Lucie County Land Development Code. A description of the methodology used to complete these tasks is provided below. 2.1 Vegetation FLUCFCS) KHA environmental staff conducted a field reconnaissance at the subject site in August and September 2005, November 2006, April 2007 and September 2007 with the most recent field visit December 2007 by Sunset Beach Investments, LLC staff to verify that no changes have occurred to the site from KHA's field work. The purpose of the field reconnaissance was to verify the existing wetland boundaries, identify areas of vegetative cover, and determine the potential for utilization of the site by listed species. The Florida Department of Transportation's (FDOT) Florida Land Use, Cover and Forms Classification System (FLUCFCS) (1999) was used to classify the existing vegetative communities and land use cover within the site. Each vegetative community occurring within the site was delineated on a 1":200' scale aerial photograph using photo interpretation and ground truthing techniques. 2.2 Topography Site topography and average elevation was identified using a United States Geological Survey (USGS) 7.5 minute series topographic map and a boundary/topographic survey prepared by Christian Fenex. The elevation of the site ranges from 0 to approximately 10 feet on the dune. A copy of the USGS Quadrangle Map is attached as Figure 2. 1 2.3 Wetlands Determination CZR delineated the onsite wetlands in April 2005. On October 6, 2005, KHA environmental staff re-delineated State and Federal jurisdictional wetland locations within the portions of the site using the statewide methodologies as described in Chapter 62-340, Florida Administrative Code (FAC), as well as the 1987 Corps of Engineers Field Guide for Wetland Delineation. In areas where KHA agreed with CZR's delineation, the wetland line was left in place. These methods take into account prevalence of wetland vegetation, hydric soil indicators, and wetland hydrology. Any wetlands identified within the site were delineated on 1": 200' scale aerial photography of the site. Christian Fenex surveyed the wetland boundary. The Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (ACOE) accepted the wetland delineation. 2.4 Threatened and Endangered Wildlife Species Survey KHA requested information from the Florida Natural Areas Inventory (FNAI) in August 2005 to determine the potential for state and federally listed threatened and/or endangered species and their habitat within the project area. The Florida Fish and Wildlife Conservation Commission (FWC) bald eagle's nest locator database and waterbird colony roosting/nesting locator database were also reviewed. No documented eagle nests or waterbird colonies are located in the vicinity of the site. 2.5 Preliminary Agency Coordination KHA reviewed site conditions and available documentation, relative to the potential for protected species involvement. KHA coordinated with the FWC, USFWS, and FNAI to obtain information from their databases regarding known occurrences of protected species within project vicinity. KHA submitted a request to the State Historic Preservation Office's (SHPO) Florida Master Site File for a Preliminary Investigation of Previously Recorded Cultural Resources. The SHPO listed one previously recorded archeological site (8SL15) and no historical standing structures within the subject area. Panamerican Consultants, Inc. (PCI) performed a cultural resources assessment on the site in May and October 2005. PCI concluded that 8SL15 consisted of spoil piles that were mistakenly recorded as an archaeology site. SHPO concurred with PCI in correspondence dated June 2, 2005 which was previously submitted to the County. 3.0 VEGETATION AND SUBSTRATE 3.1 Vegetative Communities Land use within the site boundaries were identified through aerial photograph interpretation and random pedestrian transects. Land uses were classified according to the Florida Department of Transportation's 1999 Florida Land Use, 2 Cover, and Forms Classification System (FLUCFCS). AVegeation Map of the site is included on Figure 3. The acreages provided for each land cover are based upon survey information and aerial interpretation. The site contains Australian Pine (FLUCFCS 437), Mangrove Swamps (FLUCFCS 612), Beaches Other Than Swimming Beaches (FLUCFCS 710) and Disturbed Land (FLUCFCS 740). The on-site wetlands are discussed in the Wetlands and Other Surface Waters section. Descriptions of land covers are provided below. FLUCFCS 437 -Australian pine (11.2+ acres) The length of property located to the east and west of AlA is dominated by invasive and exotic vegetation. Most of this area is dominated by Australian pine (Casuaruna equisetfolia). Australian pine dominates the uplands (berm) located between the mosquito impoundments and the Atlantic Ocean. FLUCFCS 710 -Beaches Other Than Swimming Beaches (4.4 + acres) The onsite dune has experienced significant erosion from wind and water. The backdune area has been greatly impacted by the invasion of Australian pine. The shading effect of these pines along with a dense mat of needles covering the ground, have restricted the growth of most native vegetation. As part of this project, the dune will be restored to 13.5 feet in elevation and planted in native dune vegetation. Planting will extend from the dune west to the 1978 Coastal Construction Control Line. FLUCFCS 740 -Disturbed land (0.1 + acres) This area of disturbed land is located west of AlA in the northeast corner of the subject site. The St. Lucie County Mosquito Control District accesses their impoundment in this disturbed area. 3.2 Soils The 1980 U.S. Department of Agriculture (USDA) /Soil Conservation Service Soil (SCS) Soil Survey of St. Lucie County Area, Florida maps the following primary soil types on the subject site: Beaches, Canaveral fine sand 0-5% slopes and the Pompano Variant-Kaliga Variant association. A soils map of the site is attached as Figure 4. Descriptions of the soil types excerpted from the SCS Soil Survey are included below: Beaches (9) -Consist of narrow strips of tide washed, very rapidly permeable sand along the Atlantic Coastline, which range from less than 100 feet to more than 500 feet in width. The water table ranges from a depth of 0 to 6 feet or more and the depth is highly variable depending on the distance from the water, height of beach and effect of storms each year. Near the waters edge the sand is firm or compact, but further back it is drier and loose. Beaches are made up of pale 3 brown to light gray uncoated quartz sand grains, with some pockets or lenses of coquina shell or larger shell fragments. Canaveral fine sand (10)- This moderately well drained to somewhat poorly drained, nearly level to gently sloping soil with 0 to 5 percent slopes is on low dune like ridges and side slopes that border depressional areas and sloughs near the coast. Slopes are smooth to concave in the sloughs and smooth to convex on the low dune like ridges. Surface layer is typically dark brown fine sand about 6 inches thick. The underlying material extends to a depth of 80 inches or more. The water table is between depths of 10 to 40 inches for 2 to 6 months or more and is within a depth of 60 inches for most of the rest of the year. Available water capacity is very low and permeability is very rapid. Pompano Variant-Kaliga Variant (35) -This association consists of very poorly drained soils in tidal mangrove swamps in the Indian River. Kaliga is generally in the center of the swamps where organic material is the thickest and Pompano is on the outer edges. The surface layer of Kaliga is black muck about 35 inches thick which has high available water capacity and slow permeability. The water table is at or above the surface for most of the year. The occurrence of hydric soils is one characteristic used to define wetlands. According to the Hydric Soils of Florida Handbook (Florida Association of Environmental Soil Scientists, 1995), Beaches and the Pompano Variant-Kaliga Variant association are considered hydric. 4.0 WETLANDS AND OTHER SURFACE WATERS The presence or absence of wetlands was determined using the State unified methodologies in accordance with Chapter 62-340, Florida Administrative Code (FAC) and the 1987 Corps of Engineers Field Guide for Wetland Delineation. These methods take into account the prevalence of wetland vegetation, hydric soil indicators, and wetland hydrology. Surface waters include both natural and man-made bodies of water, such as streams, lakes, ponds, canals, and ditches. Aerial interpretation, ground truthing, and soils information were utilized in order to determine if wetlands were present onsite. FL UCFCS 612 -Mangrove Swamps (13.4 + acres) There are two mosquito impoundments located east of AlA that are managed by the St. Lucie County Mosquito Control District. The mosquito impoundments are separated from a saltwater basin "Joe's Pond" by a man-made berm. Joe's Pond is not part of the subject site. The onsite mosquito impoundments have no direct onsite connection to the IIZL. The species observed in the impoundments are red mangroves (Rhizophora mangle), white mangroves (Laguncularia racemosa) and black mangroves (Avicennia germinans). There is a mosquito impoundment and a mangrove swamp within the western portion of the project area that are connected to the IRL, via an offsite culvert. These mosquito 4 impoundments are predominantly composed of red mangroves, black mangroves and white mangroves. 5.0 JURISDICTIONAL CONTROL KHA initiated coordination with numerous state and federal agencies for the project site as part of the Environmental Resource Permit process. These agencies include the FDEP, FWC, USFWS, EPA, NMFS, ACOE, and the SHPO. The project site contains approximately 13.4 acres of wetlands. Based on the configuration of the site, wetland impacts are unavoidable, but have been minimized to the extent practicable with access roadway impacts only. Since impacts to wetlands are unavoidable, the activities will be permitted through applicable agencies. This will require a Federal Dredge and Fill Permit from the ACOE and an ERP from the FDEP. Any structures east of the 1988 Coastal Construction Control Line (CCCL) require a CCCL permit. A CCCL permit application has been submitted to FDEP Beaches and Coastal Systems. The individual lot owner will be required to obtain a CCCL permit in accordance with the permit issued to the subdivision. 6.0 BUILDING ELEVATION A copy of the available Federal Emergency Management Agency Flood Insurance Rate Maps is attached as Figure 5. The project site is located on the FEMA FIRM number 1211100194 G, revised November 4, 1992. The majority of the site is in Zone AE with flood elevations raging from 7 to 10 feet during the 100-year storm depending on the location within the project site. The easternmost portion of the site is located in Zone VE (EL 12), where the area is a flood zone with velocity hazard (wave action) and the base flood elevation has been determined to be 12 feet. Houses will be constructed in accordance with the FDEP Coastal Construction Control Line Program and the Florida Building Code. 7.0 STORM OVERWASH/DUNE BREACHING The beach community comprises 4.4f acres of the project site and is located between the Atlantic Ocean and the impounded mangrove swamp. The dune has experienced significant erosion from wind and water. This has resulted over-wash and the western migration of sand into the mosquito impoundment. The dune restoration phase of the projectwill enhance the beach/dune area by removing invasive exotic vegetation (Australian pines) and replanting the dune system (1978 CCCL to MHW) with native species. The restored dune system will be 7.1 acres. 8.0 FEDERAL AND STATE PROTECTED SPECIES SURVEY FNAI determined that portions of the site appear to be located on or near Potential Habitat for Rare Species. This potential habitat is associated with the known occurrence in the vicinity of Johnson's seagrass (Halophia johnsonii), leatherback turtles (Dermochelys coriacea), green turtles (Chelonia mydas), and loggerhead turtles (Caretta caretta). 5 Johnson's seagrass potentially grows in the saltwater basin and the adjacent IRL, which are not within the limits of construction. Based on FWC's website, documented turtle nesting has occurred onsite. During field reconnaissance with the USFWS turtle tracks were observed on the site and nesting occurs on the beach. The Burrowing four-o'clock (Okenia hypogaea) is a State listed endangered plant and is listed by FNAI as occurring on the subject site in 1983. This species was not observed during the field reconnaissance. The existing area is dominated by Australian pine, other non-native and exotic vegetation, and less than one percent (1%) coverage of native plants such as buttonwood (Conocarpus erectus) and sea grape (Coccoloba uvifera). Based on observations made during site reconnaissance, it is likely that several species of state and/or federally listed wading birds utilize the site; however, no nesting was observed during the field reconnaissance. 9.0 ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN Information from the FNAI website, a listing of federally and state listed species known to occur in St. Lucie County, is included in Appendix B. The FNAI, the Florida Department of Agriculture and Consumer Service's Notes on Florida's Threatened and Endangered Plants and Richard Wunderlin's Guide to Vascular Plants of Florida, were consulted to assess habitat requirements for each protected species. Based on the review of FNAI and FWC data and an assessment of habitat availability, listed species may occur on the subject site. Tables 1 and 2 on the following pages summarize the listed species that may occur on the subject site based on the review of available data. 6 TABLE 1: FAUNA Potential Federal and State Listed Species in the Vicinity of the Proposed Project Area Scientific Common Federal State Notes Likelihood Name Name Status Status of Occurrence FISH Rivulus Mangrove C LS Habitat: Bay and sounds, herbaceous Low: Prefers marmoratus Rivulus wetland, lagoon, river mouth/tidal unimpounded river, Scrub-shrub wetland, Tidal high marsh flat/shore habitat in the IRL REPTILES Caretta Loggerhead LT LT Habitat: Marine coastal and oceanic High: FWC caretta waters; nest on coastal sand beaches, has often near the dune line, sufficiently documented high to avoid tidal inundation sea turtle nesting on the site Chelonia Green Turtle LE LE Habitat: Estuarine and marine coastal High: FWC mydas and oceanic waters; nests on coastal has sand beaches, often near dune line, documented sufficiently high to avoid tidal sea turtle inundation nesting on the site Dermochelys Leatherback LE LE Habitat: Oceanic waters; nests on High: FWC coriacea coastal sand beaches has documented sea turtle nesting on the site Eretmochelys Hawksbill LE LE Habitat: Marine coastal and oceanic High: FWC imbricata waters commonly associated with coral has reefs, keys, and mangroves documented sea turtle nesting on the site Lepidochelys Kemp's LE LE Habitat: Marine coastal waters, usually Low: This kempii Ridley with sand or mud bottoms; nests species rarely (rarely in Florida) on sandy beaches nest in Florida BIRDS Ajaia ajaja Roseate N LS Habitat: Usually populated in marsh Moderate: Spoonbill like areas. More specifically, Foraging spoonbills can be found around areas habitat exists heavily o Mated with mangroves. on site. Charadrius Piping Plover LT LT Habitat: inhabits sandy beaches, Moderate: melodus mudflats and sandbars along rivers and Foraging lakes habitat exists on site. 7 Egretta Little Blue N LS Habitat: Feed in a variety of freshwater Moderate: caerulea Heron and estuarine covers such as marshes, Foraging swamps, streams, rivers, ponds, habitat exists impoundments, flooded agriculture on site. fields, estuarine shallows and tidal flats. Nests generally are constructed in trees and shrubs standing in water, or on small islands of interior wetlands, swamps, ponds, lakes, or impoundments, or marine islands within ran a of fora 'n areas. Egretta thula Snowy Egret N LS Habitat: Marshes, swamps, ponds, Moderate: lakes, shallow coastal areas and tidal Foraging flats; occasionally found in dry fields. habitat exists This highly colonial bird usually nests on site. in mixed colonies with other herons. Both fresh and saltwater habitats are used as nestin areas. Egretta Tricolored N LS Habitat: Breed primarily in coastal Moderate: tricolor Heron wetlands, such as salt mazshes, Foraging estuarine shallows, tidal flats, and river habitat exists deltas, but also may use freshwater on site. areas such as ponds and marshes. They often nest in mixed colonies with other waterbirds. Nests generally are constructed in trees and shrubs on higher ground surrounded by open water or flooded mazsh, but tall reeds, grasses, or the ound may be used. Eudocimus White Ibis N LS Habitat: It utilizes both freshwater and Moderate: albus estuarine wetlands such as mangrove Foraging and cypress swamps, bottomland habitat exists hardwood, and marshes. In Florida on site. studies, its preferred breeding habitat is in freshwater areas where winter and early spring water levels are low or receding Grus Florida N LT Habitat: Birds of open fresh water Moderate: canadensis Sandhill wetlands, but the different subspecies Foraging pratensis Crane utilize habitats that range from bogs, habitat exists sedge meadows, and fens to open on site. grasslands, pine savannas, and cultivated lands. Sandhill Cranes occur at their highest breeding density in habitats that contain open sedge meadows in wetlands that are adjacent to short ve elation in u lands. Haematopus American N LS Habitat: Nesting pairs of American Moderate: palliatus Oystercatcher Oystercatchers typically inhabit Foraging isolated beaches, dredged-material habitat exists islands, and shell bars excavating a on site. shallow nest scrape in the substrate above the hi h-tide line 8 Haliaeetus Bald Eagle N LT Habitat: In Florida, a typical nest site is Moderate: leucocephalus located near a large body of water in a Foraging tall living pine or cypress tree that habitat exists offers good visibility of the on site. surrounding area. Hardwoods are used on occasion, and in extreme South Florida, where pines do not occur, mangroves are used. Alternate nests are fairly common and are generally within 300 m (1,000 ft) of the primary nest site. Mycteria Wood Stork LE LE Habitat: Wood storks inhabit mainly Moderate: americana tidal waters, marshes, swamps, streams Foraging and mangroves. They hunt for prey in habitat exists shallow, muddy-bottomed banks or on site. wetlands. Their nests are ideally constructed in trees surrounded by water to limit depredation of the eggs. Pelecanus Brown N LS Habitat: Feeding occurs primarily in Moderate: occidentalis Pelican shallow estuarine waters. The preferred Foraging nesting sites are small coastal islands habitat exists which provide protection from on site. mammal predators, especially raccoons, and sufficient elevation to revert wide scale flooding of nests Rynchops Black N LS Habitat: Traditionally nested in Moderate: niger Skimmer colonies on bare sandflats just above Foraging the high-water mark, often in habitat exists association with Least Tems. Has been on site. noted nesting inland and on rooftops in Florida. Sterna Least Tem N LT Habitat: Nests primarily along the Moderate: antillarum coast, where beaches and roofs provide Foraging nest sites and nearby waters supply habitat exists small forage fish. Small colonies occur on site. inland on flat, gravel-covered rooftops of warehouses, shopping malls, and other large buildings near canals, lakes, or ponds. MAMMALS Peromyscus Southeastern LT LT Habitat: Primary, secondary, and Low: Based on olionotus Beach Mouse occasionally tertiary sand dunes with a the poor niveiventris moderate cover of grasses and forbs, condition of the including sea oats, bitter panicum, and dune and the beach dropseed. Adjacent coastal lack of dune palmetto flats (coastal strand) and scrub vegetation. are important during and following hurricanes Sources: http://www.fnai.org/trackinglist.cfm 9 TABLE 2: FLORA Potential Federal and State Listed Species in the Vicinity of the Proposed Project Area Common Federal State Likelihood Name Scientific Name Status Status Notes2 of Occurrence Habitat: coastal dunes, coastal rock High: Observed barrens; St. Lucie county; all year. onsite by FDEP, Description: shrub up to 2 m tall; leaves the applicant oblanceolate, to 10 cm long, with silky will relocate the Argusia hairs, succulent; corollas white, tinged plant to the dune gnaphalodes sea lavender N LE pink in throat. restoration area Habitat: coastal dunes, coastal scrub; Low-The dune Description: prostrate herb; stringlike, has eroded and zig-zag stems; leaves similar in size, contains elliptic; capsule glabrous; seed terete, minimal 1-1.4 mm long vegetation. Australian pines Chamaesyce dominate the cumulicola sand-dune spurge N LE backdune. Habitat: Dunes and coastal pinelands. Low-The dune Description: Nutlet commissure 1/3 to has eroded and 1/2 the width of nutlet, rounded at top; contains leaves incised to pinnatifid. Calyx minimal glandular. Leaves glabrous or glabrate, vegetation. somewhat succulent. Australian pines Glandularia dominate the maritima coastal vervain N LE backdune. Habitat: Ocean side of coastal dunes. Low-The dune Description: annual; stems and leaves has eroded and sticky; leaves opposite; flowers reddish contains purple, about 3 cm across, long tube minimal and 5 notched lobes; fl-stalk elongates vegetation. after fruit begins to form and pushes the Australian pines Okenia fruit under the sand dominate the hypogaea burrowing four-o'clock N LE backdune. Habitat: Occurs in the coastal lagoons Johnson's of east Florida, from Sebastian Inlet to seagrass Biscayne Bay potentially grows in the saltwater basin and the adjacent IRL, which are Halophila not within the 'ohnsonii Johnson's seagrass LT N site. Sources: Wunderlin, Richard P. 1988 Guide to the Vascular Plants of Florida. Florida Department of Agriculture and Consumer Services, Bureau of Entomology, Nematology, and Plant Pathology -Botany Section, Contribution No. 38, 4th edition (di ital version). Notes on Florida's Endan ered and Threatened Plants. 2003. 10 STATUS LE Endangered: species in danger of extinction throughout all or a significant portion of its range. LT Threatened: species likely to become Endangered within the foreseeable future throughout all or a significant portion of it range. C Candidate species for which federal listing agencies have sufficient information on biological vulnerability and threats to support proposing to list the species as Endangered or Threatened. N Not currently listed, nor currently being considered for listing as Endangered or Threatened. 10.0 SURFACE WATER MANAGEMENT PLAN The proposed project will be permitted through the FDEP and is subject to the South Florida Water Management District's (SFWMD) criteria for site storage and water quality treatment. The post-development peak discharge from the site must not exceed the pre-development discharge rate for the 25-year, 72-hour design storm event. The stormwater management system must provide water quality treatment equal to the greater of 2.5 inches over the percent impervious area or 1 inch over the entire project area. A combination of exfiltration trench and dry detention ponds is proposed to meet the water quality and quantity criteria. The proposed ponds will discharge to the onsite wetland which is hydraulically connected to the IRL, via a culvert under the development's entrance road. 11.0 SEA TURTLE PROTECTION PLAN (STPP) A STPP has been submitted separately. 12.0 SHORELINE STABILIZATION PLAN There are no activities proposed that would result in shoaling or erosion on or in the vicinity of the project site. Best management practices will be utilized to control erosion during construction. Erosion control measures utilized during site grading activities could include silt fences and hay bales. The proposed dune crossover was designed according to FDEP guidelines. The applicant proposes to restore the dune along the entire length of the property. The dune will also be planted with native species to the 1978 CCCL to further prevent erosion. 13.0 GOPHER TORTOISE PROTECTION PLAN No gopher tortoises or their burrows were observed onsite. No additional surveys are recommended due to the lack of suitable gopher tortoise habitat. 14.0 IMPACT ASSESSMENT 14.1 Ve etg ation Approximately 0.67 acres of impounded wetland containing mangroves and 11.2 acres of Australian pines will be impacted onsite by the proposed project. 14.2 Wildlife The mosquito impoundments may be utilized by wading birds, osprey, raccoons, bobcats, mangrove crabs, and land crabs. Based on observations made during site reconnaissance, it is likely that several species of state and/or federally listed 11 wading birds and sea turtles utilize the site. Potential impacts to those species will be addressed during the permitting process. 14.3 Onsite Of the 13.4 acres of onsite wetlands, 0.67 acres will be impacted. 14.4 Offsite No offsite impacts are proposed. 14.5 Impact minimization The Sunset Beach project has been modified to eliminate all 15C tier lots associated with the project. This has reduced the amount of wetland impacts associated with the project from 2.97 acres (original submittal) to 0.67 acres. We coordinated with the County engineer and the access road right-of--way has been minimized to further reduce wetland impacts. The right-of--way cannot be reduced further because of safety concerns. A hammer head turnaround has been incorporated on the north end of the project with approval from Captain Foxx of SLCFD in an effort to minimize wetland impacts. To further minimize wetland impacts, the applicant proposed to construct a vertical bulkhead along the access road and western side of the interior roadway and in some locations where the interior road is in close proximity to the existing wetlands. Construction of a vertical bulkhead eliminates a required fill slope from the limits of both the access and interior roadways to the adjacent wetlands. The applicant is also providing 1.3 acres of upland buffer. This buffer will be replanted in native upland vegetation. 14.6 Impact miti ag t The applicant has met with Mr. Jim David of the St. Lucie County Mosquito Control District. Based on suggestions from Mr. David, the applicant is proposing to conduct onsite mitigation, which includes the following: As part of the applicant's mitigation package, the applicant will connect existing culverts under AlA north and south of Joe's Pond to the on-site wetlands. These culverts will greatly improve the flushing in the impoundments. To further improve flushing, the applicant will fund a pump that will be operated and maintained by the St. Lucie County Mosquito Control District. The location and necessity of the pump will be determined by the District Director. Culverts are also being installed under the north and south berms adjacent to Joe's Pond to provide greater enhancement of the wetlands via increased flushing. The applicant proposes the removal of exotic invasive vegetation adjacent to AlA to the west and regrading and replanting, as necessary, to create a continuous wetland. Additionally, the applicant proposed the removal of exotic invasive vegetation on the uplands adjacent to AlA to the east and adjacent to the wetlands, where practicable, and replanting the buffer. 12 The proposed mitigation will not only improve the quality of the onsite and downstream wetlands, but it will also enhance the habitat for wildlife that utilizes these wetlands. Based upon the Unified Mitigation Assessment Method (LJMAM), the abovementioned onsite mitigation completely offsets wetland impacts; however, the applicant is proposing to buy up to 1 credit (1.0 acre) from the Bear Point Mitigation Bank in St. Lucie County. The proposed mitigation will create a net increase of wetlands in St. Lucie County. 15.0 SUMMARY • The 29.1-acre project site is located in Section 29, Township 35 South, and Range 41 East on South Hutchinson Island in St. Lucie County, Florida. • The project site includes mosquito impoundments (mangrove swamp), exotic invasive vegetation and beach. The dune has eroded and the applicant proposed to restore the dune along the entire length of the property. The dune system will also be planted with native species to the 1978 CCCL to further prevent erosion. • There are approximately 13.4 acres of wetlands onsite. Approximately 0.67 acres of wetlands will be impacted by the current site plan. • 11.2 acres of Australian pines will be removed as part of this project. The applicant is providing 1.3 acres of upland buffer within the project limits. The buffer will be replanted in native upland vegetation. • The applicant has met Mr. Jim David of the St. Lucie County Mosquito Control District. Based on suggestions from Mr. David, the applicant is proposing to conduct onsite mitigation, which includes the following: As part of the applicant's mitigation package, the applicant will connect existing culverts under AlA north and south of Joe's Pond to the on-site wetlands. These culverts will greatly improve the flushing in the impoundments. To further improve flushing, the applicant will fund a pump that will be operated and maintained by the St. Lucie County Mosquito Control District. The location and necessity of the pump will be determined by the District Director. Culverts are also being installed under the north and south berms adjacent to Joe's Pond to provide greater enhancement of the wetlands via increased flushing. The applicant proposes the removal of exotic invasive vegetation adjacent to AlA to the west and regrading and replanting, as necessary, to create a continuous wetland. Additionally, the applicant proposed the removal of exotic invasive vegetation on the uplands adjacent to AlA to the east and adjacent to the wetlands, where practicable, and replanting the buffer. The proposed mitigation will not only improve the quality of the onsite and downstream wetlands, but it will also enhance the habitat for wildlife that utilizes these wetlands. Based upon the Unified Mitigation Assessment Method (UMAM), the abovementioned onsite mitigation completely offsets wetland impacts; however, the applicant is proposing to buy up to 1 credit (1.0 acre) from 13 the Bear Point Mitigation Bank in St. Lucie County. The proposed mitigation will create a net increase of wetlands in St. Lucie County. • Threatened and/or endangered species, sea turtles and wading birds, likely utilize the site. Potential impacts to these species will be addressed during the permitting process. A STPP has been submitted separately. • Panamerican Consultants, Inc. (PCI) performed a cultural resources assessment on the site in May and October 2005. PCI concluded that 8SL15 consisted of spoil piles that were mistakenly recorded as an archaeology site. The State Historic Preservation Officer (SHPO) concurred with PCI in correspondence dated June 2, 2005 which was previously submitted. • No significant adverse impacts are anticipated to occur as a result of the proposed project. 14 x Plarfde's Tpke_ _ ~ LutN PeFper t3each St Rec Area-N Enf ° ;1;, Fod Pierce Inlet St Rec Area-W Ent _ 6L~~A ,Q t a n t I C = ` _ Fat Pierce ~ O c e a n ~ n_ z = 6.1 f 7r: F L O R I D A _ s1a c sas - :I, Indian _ S T. L U C I ? f y1A € 70. y PROJECT VICINITY 707 STATE OF FLORIDA fi `wan PariF} Rhnar ST. LUCIE COUNTY (SEE BELOW) ~ P¦x , Oak Hammo(~t f P } filcChesney Park r" 1 Pat 3t. Lu,cie' e' i Jaaan Beach s c ~ ~ ~ o Oeaan enexa Pads 5 y, MARTIN J N0~ (aver Shama 115VII Becker Rd~ 707 Rb fr ST. LUCIE COUNTY g E ~ x A1A _ `'-m ~ x sa7A Avenue Q 1 ~ - 8 ~ a° c t Z Fort Pierce 66 69 Uf _ ~ "s 713 615 w no s A tia n tic ~ o~ O c e a n Ss FL O R I D A fi ,o A,A PROJECT 81 lsdian LOCATION i o~ - ~ `S T. L U C I E 605 1 s1s 2 707 r' a _ a o y 712 N 712 J a ~ ~ ° 709 a a ¢ a ~ II 5 R ~ m ~ B ~ fi O ~ G a Port St. E Easy St t'n S ~ Lucie s1s $ I V _ ~ $ ®2001 Micr0.5m1 Corp. anNOr its supBliers. All riarltsr sened. m o VICINITY MAP ~ Kimley-Horn LOCATION MAP ~ ~ and Associates, Inc. o CO 2006 KIMLEY-HORN AND ASSOCIATES, iNC. SUNSET BEACH ~ 10521 SW VLG CTR DR, STE 103, PORT ST. LUCIE, FL 34987 Section 29, Township 35 S, Range 41 E E TEL: (772) 345-3800 FAX: (772) gas-o13a ST. LUCIE COUNTY, FLORIDA WWW. KIMLE Y-HORN.COM CA 00000696 o Revisetl: Designed By. Drawn By Checked By. SCALE: PROJECT ,y~. DATE: KHA JSA JCS N.T.S. 041124000 MAR 2006 FIGURE 1 0 ti f 1 • t~ 1• ~ 1t ~ ~ x I ~„b r ~ ~ ~ D z~ SOD r ~ ~ ; PROJECT k BOUNDARY .7 ' 4.~~ ~ •~l 6 + ' ~ # ' O r ~ ~ 4.. ~ ~ ^ "a z i ~ ~ s ~ ti' , ,,t-' ~ E ' , rr •y ~ h s ~ ? ~ j ` sj ~ • o ~ . J7 Y o ~ r p v A _ ~ ? ~ , ti ° s ~ ~ it ~ ~ ~ ~ `R a lit Y ~ ~ ~ ~ ~ i a _ 1 E ~ o R o `ti r a= a g r ~ ~ ~ m ~ SOURCE: USGS QUADRANGLE MAPS; FT. PIERCE, FL REV 1983 I ~ Kimley-Horn USGS QUADRANGLE MAP ~ ~ and Associates, Inc. OC 2006 KIMLEY-HORN AND ASSOCIATES. INC. SUNSET BEACH ~ 10521 SW VLG CTR DR, STE 103, PORT ST. LUCRE, FL 34987 Section 29, Township 35 S, Range 41 E ~ TEL: (772) 345-3800 FAX: (772) 286-0138 ST. LUCIE COUNTY, FLORIDA WWW.KIMLEY-HORN.COM CA 00000696 .o ReNSed: Designed By Drawn By Check<d By SCALE: PRO..ECT DATE: KHA JSA JCS AS SHOWN 041124000 MAR 2006 FIGURE 2 0 I ~ _ i ~ Z O w ~ _ 0 150 300 ' r 2 ~ _ SCALE A33HOWN 1E ~ i -s s - , ~ - i _ ` ~ ~ 710 .4-~ ~ ~ - ~ _ ~ s ~p ~ L o ~ t ~ t _ e 9~ . f c 1! . f o ~ } o~ ~ ~ ~ ~ ~ ~ ~ . o~ gb CS ~ - Y- 1 ~ 3 ~ SOURCE: 2005 PHOTOGRAPH - AENEW, v4.4 (c)2003, AERIALS EXPRESS, LLC. v ~ FLUCFCS -Florida Department of Transportation. Florida Land Use, Cover and Forms gassification System,. 1999. ~i LEGEND f Code Community Area N ~ i 437 Australian Pine 11.2 AC F ~ 612 Mangrove Swamps 13.4± AC < ; 710 Beaches (other than swimming beaches) 4.4± AC ~ 740 Disturbed Areas 0.1± AC 8 ~ TOTAL: 29.1± AC a~ Kimley-Hom VEGETATION (FLUCFCS) MAP N ~ and Associates, Inc. OC 2008 KIMLEY-HORN AND ASSOCIATES, INC. SUNSET BEACH = 10521 SW VLG CTR DR, STE 103, PORT ST. LUgE, FL 34987 Section 29, Township 35 S, Range 41 E TEL:(772) 345-3800 FAX:(772) 286-0138 ST. LUCIE COUNTY, FLORIDA c WWW.KIMLEY-HORN.COM CA 00000698 P ~ RMwd D~MpiW 8% D~o/n ex o>twine ex SCAIE: iIIOJECt R DALE: of MAY 2007 KHA JSA ,~S AS SHOWN 041124000 APRIL 2008 FIGURE 3 _ 9 i e ~ ~ _ < i ~ ~ _ 0 - Z 3 ~ ~3 e ~ 5 - S~ PRf~} BL~V g B 6 R N= 3 '~i 4 i "a s = i g t t~ _ t - i ` o - P D ~ i. o R 4 ':4 v~ s N fi A d o ~ - - ~ ~ 4 E ~ - ~ _ E 2s~ ~ ~ N 2 ~ ~ ~ z.. ~ _ ~ ~ _ g d 5 Vii. _ ia` `z - R -')4 £T~- 'T ~ i~' m o SvURCE: SOIL SURVEY OF ST. LUCIE COUNT r AREA, FLORIDA 1981 USDA SOIL CONSERVATION SERVICE. C SOIL LEGEND ~s Symbol Name o f 9 Beaches 10 Canaveral fine sand, 0 to 5 percent slopes 35 Pompano Variant-Kaliga Varent association 1/ m v ~ Kimley-Hom SOILS MAP ~ ~ and Associates, Inc. CO 2006 KIMLEY-HORN AND ASSOCIATES, INC. Sl1NSET BEACH 10521 SW VLG CTR DR, STE 103, PORT ST. LUCIE, FL 34987 Section 29, Township 35 S, Range 41 E E TEL: (772) 345-3800 FAX: (772) 26s-o13s ST. LUCIE COUNTY, FLORIDA WWW.KIM~EY-HORN.COM CA 00000696 .a ReNSed: Designtd By Drown By Checked By SCALE: PROJECT DATE: KHA JSA JCS N.T.S. 041124000 MAR 2006 FIGURE 4 0 ~ APPROXIM,ATE SCALE IN FEET zooo o zooo E - 04 \ 6 t`. ~ _ L. L d 8p Y Q O ~ N _ E E ~ m n a ~ ~ s °o N ~ , o+ ; s S a z N ~ ~ ~ o ~ R a ~ fi ~ s a s g t HATCHING INDICATES: FLOOD INSURANCE NOT AVAILABLE FOR NEWLY BUILT OR SUBSTANTIALLY IMPROVED ON AND AFTER OCTOBER t. 1983. ~ ~ IN DESIGNATED UNDEVELOPED COASTAL BARRIERS E m $ SOURCE: Flood Insurance Rate Map, St. Lucie County, Florida, Panels 191 & 194 of 410, November 4, 1992. a, ~ National Flood Insurance Progrom, U. S. Department of Housing and Urbon Development, Federal Insurance Administration ~ Kimley-Horn FLOOD INSURANCE RATE MAP (FIRM) ~ ~ and Associates, Inc. o © 2006 KIMLEY-HORN AND ASSOCIATES, INC. SUNSET BEACH 10521 SW VLG CTR DR, STE 103, PORT ST. LUCIE, FL 34987 Section 29, Township 35 S, Range 41 E E TEL; (772) 345-3600 FAX: (772) 286-0138 ST. LUCIE COUNTY, FLORIDA WWW. KIMLEY-HORN.COM CA 00000696 O Raised: Designed By Drawn By Checked By SCALE. PROJECT DATE: KHA JSA JCS AS SHOWN 041124000 MAR 2006 FIGURE 5 Project: Sunset Beach Prepared by: JCS C~I1 Client: Sunset Beach Investments, Job Number: 041124000 Kimley-Horn Inc and Associates, Inc. Page 1 of 4 Photo 1: Australian pines located east of AlA. These trees will be removed as part of mitigation. Photo 2: View of the beach looking north. The Australian pine pines in the photo will be removed as part of mitigation. Project: Sunset Beach Prepared by: JCS Client: Sunset Beach Investments, Job Number: 041124000 Kimley-Horn Inc and Associates, Inc, Page 2 of 4 _~v I';}~- Photo 3: Typical view of ditches within the mosquito impoundments at low tide. i.~ ~ ~ , A M ~ 4 J .G . ` .t ~ f • Photo 4: Australian pines along an upland berm that surrounds Joe's Pond. These trees will be removed as part of mitigation. Project: Sunset Beach Prepared by: JCS Client: Sunset Beach Investments, Job Number: 041124000 Kimley-Horn Inc and Associates, Inc. Page 3 of 4 - . - . I _ _ ~ - _ , _ I ~ w._ i* _ l 4 Photo 5: Typical view of Australian pines in the back dune and upland portion of of the site. These trees will be removed as part of mitigation. i { r, _ - _ 4 Photo 6: Typical view of the onsite mosquito impoundments. The water quality in these areas will be enhanced by increased flushing created by the proposed addition of culverts and a pumping station. Project: Sunset Beach Prepared by: JCS ~r1 Client: Sunset Beach Investments, Job Number: 041124000 Kimley-Horn Inc and Associates, Inc. Page 4 of 4 yj `a}' y t!' a 6 4 `t. r Photo 7: Typical view of the onsite mosquito impoundments. ~ - Photo 8: Typical view of Australian pines and Brazilian pepper along the western side of Al A. 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McIntyre SUBJECT: Claim by APA Emerson C~ Indrio, L.L.C., Pursuant to Section 70.001, Florida Statutes ("Bert Harris Claim") BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: . RECOMMENDATION: Staff recommends that the Board approve the letter and . authorize the Chair to sign the letter. COMMISSION ACTION: CONCURRENCE: {>C], APPROVED [ ]DENIED _ [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and AP,provals County Attorney: ~ Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA s ~ TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0581 DATE: May 6, 2009 SUBJECT: Claim by APA Emerson ~ Indrio, L.L.C., Pursuant to Section 70.001, Florida Statutes ("Bert Harris Claim") *******~***********~********************************,?*************,~**************x~* BACKGROUND: On December 9, 2008, Glenn N. Smith, Esquire, sent a letter to Commissioner Lewis presenting a claim on behalf of APA Emerson C~ Indrio~, L.L.C. ("APA Emerson") pursuant to the Bert J. Harris, Jr. Private Property Rights Protection Act, Section 70.001, Florida Statutes. APA Emerson's claim is based on the County's enactment of Ordinance No. 07-055 (the interim TVC land development regulations). A copy of the December 9 letter with enclosures is attached to this memorandum. Pursuant to the Bert Harris Act, the County has the ability to consider the claim and render a ripeness decision and a settlement offer. In this regard, attached is a draft letter with a proposed ripeness decision and a settlement offer. As indicated in the draft letter, County staff does not believe the claim is ripe for presentation to the County. In addition, County staff does not believe that either amending the Ordinance or paying compensation to APA Emerson is warranted. RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the letter and authorize the Chair to sign the letter. Respe t Ily submitted a Daniel S. McIntyr County Attorney DSM/caf Attachment QOARD OF COUNTY • PAULA A. LEWIS COMMISSIONERS COMMISSIONER June 2, 2009 Glenn N. Smith, Esq. Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard Suite 1500 Fort Lauderdale, Florida 33302 Re: Claim by APA Emerson C~ Indrio, L.L.C. , Pursuant to Section 70.001, Florida Statutes ("Bert Harris Claim") Dear Mr. Smith: On December 9, 2008, you wrote to me, as Chair of the St. Lucie County Board of County Commissioners ("County"), to present a.claim on behalf of APA Emerson C~ Indrio, L.L.C. ("APA Emerson"), pursuant to the Bert J. Harris, Jr., Private Property Rights Protection Act ("Bert Harris Act"), Section 70.001, Florida Statutes. APA Emerson's claim is based on the County's enactment of Ordinance No. 07-055 ("the Ordinance"). This letter constitutes the ripeness decision and settlement offer of the County pursuant to Sections 70.001(4)(c) and 70.001(5)(x), Florida Statutes. Ripeness Decision The County understands that you felt compelled to present your client's Bert Harris Act Claim within one year from the enactment of the Ordinance. Nevertheless, we do not believe the Claim is ripe for presentation to the County or for suit within the meaning of the Act. Pursuant to the Ordinance, development of the APA Emerson property for retail/commercial use would be approved through the planned development process as set forth in Chapter XI of the County's Land Development Code. To date, APA Emerson has not presented for approval any specific plan of development for its property. Without any specific application for development approval, and given the considerable flexibility inherent in both the Ordinance and the planned development process, it would be premature to determine whether the Ordinance has significantly affected the size and scope of retail/commercial uses possible on the site. See §70.001(1), F/orida Statutes Citrus County v. Ha//s River Dev., Inc., So.2d , 34 Fla. L. Weekly D316, 2009 WL 722053 (Fla. 5th DCA, March 20, 2009). ~HRI D~ADOVSKY, Disrnct No. 1 GOUG COWARD visrrlcr Nc " PAULy .S. LEWIS, Disrnct Ne. 3 CHARLES GRANDE. District No. 4 CHRIS CRAFT, Disrnct No. 5 2300 VirGinia Avenue Fart Pierce, FL 34982-5b52 (772) 462-1406 v~ww.stlucieco.org The appraisal presented in support of the Claim assumes a level of development for retail/commercial uses, termed "Development Scenario 1." That assumed development scenario is but one of many ways in which the site can potentially be planned for retail/commercial development. Notably, Development Scenario 1 appears to assume the strictest application of the Ordinance, and to disregard the considerable flexibility provided by the Ordinance by which the County may consider and approve additional and alternative lot types and lot dimensions, additional street types or modified street cross sections, minor modifications to block size standards, alternative transect boundary conditions, and various phasing alternatives. Neither APA Emerson nor the County can determine how these factors would affect every specific development that an applicant might propose for the property, or the economics of such development, until after application of the planned development process. Although the TVC Comprehensive Plan Amendments have not yet become effective, the interim regulations in the Ordinance were enacted in light of the intention expressed in future TVC Policy 3.1.2.5 that the "TVC Element shall not limit the potential densities or intensities, as established by the pre-existing Future Land Use Element." Analysis by the County planning staff shows that retail/commercial use, including two "anchor" merchants and associated, smaller retail/commercial uses of a size and scope achievable under the existing land use and zoning, can be situated on the property using the design format of, and taking advantage of the flexibility provided by, the Planned Retail Workplace (PRW) zoning classification. Moreover, this analysis shows that other design criteria that might be desirable for anchor merchants, such ns minimum building size, visibility to traffic, and accessibility of parking, can be achieved within the framework of the Ordinance. While the Board of County Commissioners cannot pre-judge any planned development application that would be addressed at a public hearing, this planning exercise demonstrated the physical feasibility of such development on the APA Emerson property, applying the Ordinance. Settlement Offer At this time the County does not believe that either amending the Ordinance or paying compensation to APA Emerson is warranted. However, the County will if requested continue to work with APA Emerson to develop n site plan for the property that complies with the Ordinance and authorizes retail/commercial development of n size and scope attainable under the COM land use classification and CG zoning. Sincerely, Paula A. Lewis, Chair Board of County Commissioners cc: Board of County Commissioners County Administrator County Attorney ~ +1 r ! - ! - 200 EAST BROWARD BOULEVARD j ~ ~ SUITE 1500 } / { ~ FORT LAUDERDALE, FLORIDA 33301 :.J , Ruden 1 ~ / r ~i~ ~ POST OFFICE BOX 1900 ' I O n ~ ~ i FORT LAUDERDALE, FLORIDA 33302 L,~~ (954) 527-2466 FAX: (954) 333066 GLENN.SMITH@RUDEN.COM December 9, 2008 The Honorable Paula Lewis Chairperson of the Board of County Commissioners St. Lucie County 2300 Virginia Ave Ft. Pierce, FL 34982 Re: Claim by APA Emerson @Indrio, L.L.C. Pursuant to X70.001, Florida Statutes ("Bert Harris Claim') Dear Chairperson Lewis: The undersigned firm represents APA Emerson @Indrio, L.L.C. ("APA Emerson"), the owner of 26 acres of real property within St. Lucie County (the "County"), located at the northwest corner of the intersection of Emerson Avenue and Indrio Road (the "Propert}~'), and more specifically described as: The South 830.00 feet of the East 1,550.00 feet of the South 1/2 of the Northeast 1/4 of Section 15, Township 34 South, Range 39 East, less the East 80 feet, the West 60 feet, and the South 60 feet for public road and drainage canal right-of--way, all lying and being in St. Lucie County, Florida. APA Emerson presents this Bert Hams Claim based upon the County's newly enacted Ordinance 07-055 (the "Ordinance"), which became effective on December 10, 2007 when the Ordinance was filed with the Secretary of State. As you are aware, by the Ordinance, the County created a Towns, Villages, Countryside Overlay Zone, which was intended to implement a new element of the St. Lucie County Comprehensive Plan, adopted by the County on May 15, 2006, but which has not yet become effective. The Ordinance uniquely imposes restrictions and limitations upon the uses, intensities and densities of development permitted upon the Property, which have limited or prevented altogether the realization of APA Emerson's reasonable investment-backed expectations. Submitted herewith is a bona fide valid appraisal (the "Appraisal") of the Property to reflect the diminution in value of the Property under two (2) different scenarios, reflecting two different, yet conceivable applications of the Ordinance and its limitations upon development of the Property. Because of the newly imposed limitations and requirements of the Ordinance that FTL:2993528:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA.RATON CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA WEST PALM BEACH Page 2 directly restrict and/or limit the use of the Property, as set forth in detail below, the Ordinance has decreased the fair market value of the Property and decreased APA Emerson's reasonable investment-backed expectations for the existing use of the Property. Furthermore, the County's action has caused a substantial and measurable loss in the fair market value of the Property, as calculated in accordance with the standards provided in §70.001, Fla. Stat. Therefore, APA Emerson presents this Bert Harris Claim to assert and preserve its rights under §70.001, Fla. Stat. Development Before December 10, 2007 Prior to December 10, 2007, APA .Emerson had a reasonable expectation to use the Property as a retail center, anchored by a grocery store, based upon the current land use designation of Commercial and the current zoning designation of Commercial General (CG). Prior to December 10, 2007, APA Emerson had the right and the intention to develop approximately 184,766 square feet of retail space, based upon the plan and drawings prepared by Ken Natoli, a licensed landscape architect and a certified planner with the Houston Cuozzo Group. APA Emerson has included, in the Appraisal submitted with this Bert Harris Claim, a description of APA Emerson's reasonable investment-backed expectations in and to development of the Property prior to December 10, 2007. The representation included with the Appraisal takes into account the County's Land Development Code and effective Comprehensive Plan, existing as of December 9, 2007. As set forth in the Appraisal, as of December 9, 2007, the Property was valued at $6,189,661 million. Development Scenario 1: Rezoning to Planned Retail Workplace This Development Scenario 1 represents an evaluation of the fair market value of the Property assuming the Property is rezoned to Planned Retail Workplace (PRW). Despite the lawfully existing Commercial land use designation, the Ordinance would not permit commercial development in accordance with the CG zoning of the Property. The Ordinance requires that APA Emerson rezone the Property to PRW before commercial development would be permitted; thus, there is no development potential as of right. The County is not required to approve a rezoning; however, for purposes of this Development Scenario 1, the appraiser has made the assumption that the Property would be approved for a rezoning to PRW. Pursuant to the PRW zoning regulations in the Ordinance, the Property can be developed with 176,297 square feet of building area. The Property can be developed with various types of mixed-use building lots with no maximum lot size, but with a minimum height of two stories. Further, the Property can be developed with retail building lots up to maximum lot size of 7,200 square feet, with eighty percent (80%) lot coverage. As set forth in the Appraisal, as of December 10, 2007, the Property was valued at $3,030,686, representing a loss in fair market value of the Property due to the Ordinance of $3,158,975. FTL:2993528:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA RATON • CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • SLPETERSBURG • TALLAFLASSEE • TAMPA • WEST PALM BEACH Page 3 Development Scenario 2: Rezoning and Land Use Change to A~-icultural This Development Scenario 2 represents an evaluation of the fair market value of the Property assuming that the County approves a land use amendment to Agricultural and a concurrent rezoning to Agricultural-1 (AG-1). The Ordinance would not permit agricultural development in accordance with the existing Commercial land use or the CG zoning of the Property. The Property would have to be rezoned, and would also require a land use amendment; thus there is no development potential under the Ordinance as of right. The County is not required to approve a land use change or a rezoning; however, for purposes of this Development Scenario 2, the appraiser has made the assumption that the County would approve a land use change to Agricultural, and a corresponding rezoning to Agricultural-1 (AG-1). The Property was designated AG-1 until it was rezoned to CG. Thus, the appraiser has assumed that the Property would be able to function as a general agricultural site with limited development potential. As set forth in the Appraisal, as of December 10, 2007, the Property was valued at $649,925, representing a loss in fair market value of the Property due to the Ordinance of $5,539,736. No Development Possible Pursuant to the Ordinance, it is possible that APA Emerson is entirely prevented from developing the Property. APA Emerson cannot develop the Property for residential uses because residential development is not permitted either by the existing land use designation of Commercial, or by the Ordinance. APA Emerson cannot develop the Property for retail and/or commercial uses without rezoning the Property to PRW, which the County may not be required to approve. Lastly, APA Emerson cannot develop the Property for agricultural uses, without rezoning the Property to an agricultural zoning district, and without seeking a corresponding land use change to Agricultural, neither of which is the County required to approve. For this reason, APA Emerson herein reserves the right to assert any claim of regulatory taking that APA Emerson may have against the County, as well as any other legal and equitable claims APA Emerson may possess. This reservation of right shall not affect APA Emerson's Bert Harris Claim. Based on the foregoing, and pursuant to §70.001(4)(a), Florida Statutes, APA Emerson hereby presents this Bert Hams Claim to St. Lucie County, along with the attached bona fide valid appraisal performed by Cantrell Real Estate, Inc., seeking compensation for the diminution in fair market value of the Property as a result of the Ordinance. APA Emerson requests that it be compensated as mandated and provided by §70.001, Fla. Stat. FTL:2993528:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOLA RATON • CARACAS • FT. LAUDERDALE MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA WEST PALM BEACH Page 4 Please govern yourself accordingly. Since~relQy~ J Glenn N. Smith, Esq. CC: Douglas M. Anderson, County Administrator Daniel S. McIntyre, Esq., County Attorney Mark Satterlee, Growth Management Director Missy Delgado, County Recoding Secretary FTL:2993528:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA RATON CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • 57. PETERSBURG • TALLAHASSEE • TAMPA WEST PALM BEACH A SUMMARY APPRAISAL REPORT of 25.997 acres of Vacant Land Northwest corner of Indrio Road and Emerson Avenue St. Lucie County, Florida 34951 AT THE REQUEST OF: Mr. Glen Smith Ruden McClosky 200 East Broward Boulevard Suite 1500 Fort Lauderdale, Florida 33301 AS OF December 9, 2007 & December 10, 2007 PREPARED BY: CANTRELL REAL ESTATE, INC. 200 West Forsyth Street, Suite 400 Jacksonville, Florida 32202 CRE APPRAISAL N0.3354 PREPARED ON December 8, 2008 CANTRELL REAL ESTATE, INC. TABLE OF CONTENTS CERTIFICATE OF APPRAISAL ..............................................................................2 SUMMARY OF SALIENT FACTS AND CONCLUSIONS ..............................................3 SCOPE OF THE APPRAISAL .................................................................................5 DEFINITION OF VALUE ......................................................................................7 DATE OF VALUE ESTIIVIATE ...............................................................................7 ASSUMPTIONS AND LIMITING CONDITIONS ..........................................................8 IDENTIFICATION OF THE SUBJECT PROPERTY I 1 LEGAL DESCRIPTION .......................................................................................11 SALES HISTORY OF SUBJECT PROPERTY .............................................................12 MARKET AREA DATA ......................................................................................13 SITE DESCRIPTION ...........................................................................................23 HIGHEST AND BEST USE ANALYSIS ....................................................................27 VALUE OF SUBJECT BEFORE EFFECTNENESS OF ORDINANCE N0. 06-017............31 VALUE OF SUBJECT AFTER EFFECTNENESS OF ORDINANCE N0. 06-017............41 MARKETING TIME .51 REASONABLE EXPOSURE TIME ........................................................................51 ADDENDA Qualifications of Appraiser CANTRELL REAL ESTATE, INC. 2 CERTIFICATE OF APPRAISAL The undersigned do hereby certify that, except as otherwise noted in this appraisal report: 1. The statements of fact contained in the report are true and correct to the best of our knowledge. 2. The analyses, opinions, and conclusions in the report are limited only by the Assumptions and Limiting Conditions set forth, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the subject property and no personal interest with respect to the parties involved. We have no bias with respect to the subject property or to the parties involved with this assignment. 4. Our engagement in this appraisal assignment was not contingent upon developing or reporting predetermined results. 5. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 6. Our analyses, opinions, and conclusions were developed and the report has been prepared in conformity/compliance with • The requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute; and, • The Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation. 7. We have complied with the competency provision of the Uniform Standards of Profes- sional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation. 8. The use of this report is subject to the requirements of the Appraisal Institute regarding review by its duly authorized representatives. 9. As of the date of this report Heyward M. Cantrell, MAI has completed the requirements under the continuing education program of the Appraisal Institute. 14. We have made a personal inspection of the property that is the subject of this report. 11. No one, other than those below, provided signific rat real property,gssistance to the persons signing this certification. ~ G F Heywar .Cantrell, MAI" Sean ~ . McGil State C rt ied General Appraiser Stat C rtified General Appraiser License No. RZ 1051 Lic nse o. RZ3106 CANTRELL REAL ESTATE, INC. 3 SUMMARY OF SALIENT FACTS AND CONCLUSIONS PROPERTY OWNER APA Emerson @ Indrio, LLC SUBJECT LOCATION Located on the northwest corner of Indrio Road and Emerson Avenue, approximately two miles east of Interstate 95, Ft. Pierce, St. Lucie County, Florida DATE OF VALUE ESTIMATE December 9, 2007 & December 10, 2007 LAND AREA 25.997 Acres (1,131,689 Square Feet) ZONING General Commercial (CG) HIGHEST AND BE5T USE Commercial development APPRAISAL OBJECTIVE Estimate the difference in market value of the fee simple interest of the subject property assuming the Land Development Code of St. Lucie County has not been amended by Ordinance No. 07-055; and assuming the Land Development Code of St. Lucie County has been amended by Ordinance No 07-055. The market value of the subject site following the effectiveness of Ordinance No. 07-055 will be estimated based upon the following development constraints: 1. The Land Development Code as amended by Ordinance No. 07-055 is effective. The subject site must be rezoned, and thus there is no development potential under the current zoning as of right. St. Lucie County is not required to approve a rezoning; however, for purposes of this development scenario we have made the hypothetical assumption that the site has been approved for a rezoning to Planned Retail Workplace (PRW). The subject site can be developed with 176,297 square feet of building area; the subject site can be developed with various types of mixed- use building lots with no maximum lot size, but with a minimum height of two stories, in addition to any retail building lots with a 7,200 square foot maximum lot size; each block of development has a maximum of 2,4001inear feet. 2. The Land Development Code as amended by Ordinance No. 07-055 is effective. The subject site must be rezoned, and thus there is no development potential under the current zoning as of right. St. Lucie County is not required to approve a rezoning; however, for purposes of this development scenario we have made the hypothetical assumption the site has been approved for a rezoning to AG-1 and that a land use change to Agriculture has also been approved. Under this scenario we have assumed that the site would be able to function as a general agricultural site with limited development potential. 3. The Land Development Code as amended by Ordinance No. 07-055 is effective. There is no development potential on the subject property as a matter of right. Generally, properties with no development potential would retain minimal value as conservation or mitigation. As described above, for purposes of this appraisal, we have assumed that some form of rezoning would be approved for this property. CANTRELL REAL ESTATE, INC. 4 VALUE CONCLUSIONS The appraisers have been employed to estimate the difference in market value of the fee simple interest of the subject property assuming the Land Development Code of St. Lucie County has not been amended by Ordinance No. 07-055; and assuming the Land Development Code of St. Lucie County has been amended by Ordinance No 07-055. Pursuant to Ordinance No. 07-055 we have assumed the following two development scenarios. We have made the following conclusions: Loss in Value The Land Development Code as amended by Ordinance No. 07-055 is effective. The subject site must be rezoned, and thus there is no development potential under the current zoning as of right. St. Lucie County is not required to approve a rezoning; however, for purposes of this development scenario we have made the hypothetical assumption that the site has been approved for a rezoning to Planned Retail Workplace (PRW). The subject site can be developed with 176,297 square feet of building area; the subject site can be developed with various types of mixed-use building lots with no maximum lot size, but with a minimum height of two stories, in addition to any retail building lots with a 7,200 square foot maximum lot size; each block of development has a maximum of 2,4001inear feet. $3,158,975 The Land Development Code as amended by Ordinance No. 07-055 is effective. The subject site must be rezoned, and thus there is no development potential under the current zoning as of right. St. Lucie County is not required to approve a rezoning; however, for purposes of this development scenario we have made the hypothetical assumption that the site has been approved for a rezoning to AG-1 and that a land use change to Agriculture has also been approved. Under this scenario we have assumed that the site would be able to function as a general agricultural site with limited development potential. $5,539,736 CANTRELL REAL ESTATE, INC. 5 SCOPE OF THE APPRAISAL Identification of the Appraisal Problem Historically the subject site, which contains 25.997 acres has had a land use designation of Commercial and has been zoned CG (Commercial General). This is a very liberal zoning classification intended to permit the development of a variety of commercial uses including, but not limited to, food stores, retail, restaurants, and gasoline stations. On December 10, 2007, Ordinance No. 07-055 became an effective amendment to the Land Development Code of St. Lucie County. Under this Ordinance, the subject site can no longer be developed in accordance with the CG zoning. The Ordinance would require a rezoning of the subject property. The amendment to the Land Development Code placed restrictions on use which have the effect of significantly diminishing the utility of the property. The value of the property is highly dependent upon its utility. The appraisal problem is to consider the effect of the Land Development Code as amended by Ordinance No. 07-055 on the property's utility, its related highest and best use, and any related change in market value. Any diminishment in market value will be measured by the appraisal and used by our client, Ruden, McClosky, Smith, Schuster & Russell, P.A., to serve as a basis for a claim under Florida Statutes Section 70.001 for' compensation due to the owner. It is our understanding that the appraisal report will be provided to officials of St. Lucie County for their consideration. Scope of Work Necessary It is first necessary for the appraiser to identify the highest and best use of the property prior to the amendment of the Land Development Code by Ordinance No. 07-055, as well as after the effectiveness of Ordinance No. 07-055. Land planning experts familiar with the previous zoning of CG as well as the new regulations should be consulted and relied upon for information pertaining to the legally permissible uses of the property in each instance. We have been instructed by legal counsel to assume the subject property can be developed under the following two development scenarios: 1. The Land Development Code as amended by Ordinance No. 07-055 is effective. The subject site must be rezoned, and thus there is no development potential under the current zoning as of right. St. Lucie County is not required to approve a rezoning; however, for purposes of this development scenario we have made the hypothetical assumption that the site has been approved for a rezoning to Planned Retail Workplace (PRW). The subject site can be developed with 176,297 square feet of building area; the subject site can be developed with various types of mixed-use building lots with no maximum lot size, but with a minimum height of two stories, in addition to any retail building lots with a 7,200 square foot maximum lot size; each block of development has a maximum of 2,400 linear feet. 2. The Land Development Code as amended by Ordinance No. 07-055 is effective. The subject site must be rezoned, and thus there is no development potential under the CANTRELL REAL ESTATE, INC. 6 current zoning as of right. St. Lucie County is not required to approve a rezoning; however, for purposes of this development scenario we have made the hypothetical assumption that the site has been approved for a rezoning to AG-1 and that a land use change to Agriculture has also been approved. Under this scenario we have assumed that the site would be able to function as a general agricultural site with limited development potential. After identifying the highest and best use under each of the forgoing scenarios, it is necessary for the appraiser to estimate the related market value of the site using the Sales Comparison Approach. As will be developed later in this appraisal, the appropriate unit of comparison for valuation purposes is the price paid for land per square foot of building area. This unit of comparison will measure the market value of the site as related to the utility of the property under its legally permissible uses. Finally, compute any difference in market value subsequent to the effectiveness of Ordinance No. 07-055 from the market value of the subject site prior to the adoption of Ordinance No. 07- 055. Scope of Work Performed In performing this appraisal of the subject property, the appraisers utilized the sales comparison approach to value. In applying the sales comparison approach, the appraisers: • Inspected the subject property; • Researched the market area and market conditions; • Identified the highest and best use of the subject property before the effectiveness of Ordinance No. 07-055; • Relied on the conceptual plans and data provided by Mr. Ken Natoli, of HCG Design, to identify the square feet of commercial/retail building area that can be developed on the property before and after the effectiveness of Ordinance No. 07-055; • Gathered information on comparable sales; • Identified any changes in highest and best use to the subject after the adoption of Ordinance No. 07-055; • Confirmed and analyzed data; • Applied data to the sales comparison approach to value; • Calculated the value of the subject property after the effectiveness of Ordinance No. 07-055 under two development scenarios; • Identified the loss in value to the subject as a result of the effectiveness of Ordinance No. 07-055. CANTRELL REAL ESTATE, INC. 7 DEFINITION OF VALUE Market Value in this report is defined in The Dictionary of Real Estate, (4`h edition), as: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1) Buyer and seller are typically motivated; 2) Both parties are well informed or well advised, and acting in what they consider their best interests; 3) A reasonable time is allowed for exposure in the open market; 4) Payment is made in terms of cash in United States dollars or in terms of financing arrangements comparable thereto; and 5) The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (p.177-178) DATE OF VALUE ESTIMATE The effective date of the value estimate is December 9, 2007 & December 10, 2007. PROPERTY RIGHTS APPRAISED The property rights appraised herein are those of Fee Simple Interest. The Appraisal of Real Estate, (13`h edition), defines fee simple interest as: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (p. 111) CANTRELL REAL ESTATE, INC. 8 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report has been made with the following Assumptions and Limiting Conditions: 1. This is a Summary Appraisal Report, which is intended to comply with reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 5. It is assumed that there are no hidden or inapparent conditions of the property, subsoil or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that maybe required to discover them. 6. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws, unless noncompliance is stated, defined and considered in the appraisal report. 7. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless nonconformity has been stated, defined and considered in the appraisal report. 8. It is assumed that all required licenses, certificates of occupancy, consents or other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 9. It is assumed that the use of the land and improvements lies within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise noted in the report. 10. The distribution, if any, of the total value between land and improvements applies only to the use stated in this report. The separate allocations for land and buildings must not be used in conjunction with any other use or appraisal and are invalid if so used. 11. The appraiser herein, by reason of this appraisal, is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question, unless arrangements have been previously made. CANTRELL REAL ESTATE, INC. 9 12. Neither all, nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales or another media without the prior written consent and approval of the appraiser. 13. Survey exception: Any statement of facts an accurate survey might show. 14. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation, asbestos, polychlorinated biphenyls, petroleum leakage or agricultural chemicals, which may or may not be present on the property, other environmental conditions, was not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, ureaformaldehyde, foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there are not such conditions on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 15. Any value estimates provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the value estimate, unless such proration or division of interest has been set forth in the report. 16. The forecasts, projections, or operating estimates contained herein are based upon current market conditions and anticipated short-term supply and demand factors and are, therefore, subject to changes in future conditions. 17. The value estimate applies only to the dates specified in the report. Value is affected by related and unrelated economic conditions, both local and national. Unforeseen precipitous changes in economic conditions can impact the future value of subject property. 18. The appraiser is not qualified to identify areas that may be legally defined as jurisdictional wetlands. The appraiser assumes no liability for identification of any possible jurisdictional wetland areas on the site. 19. The presence of termites or the infestation of any other types of insect was not noticed or called to the attention of the appraiser. The appraiser, however, is not qualified to test for such infestations, and the value estimated within this report is predicated on the assumption that there are no such infestations and there are no hidden damages due to such infestation. No responsibility is assumed for any such condition, nor for the expertise or knowledge required to discover them. CANTRELL REAL ESTATE, INC. 10 EXTRAORDINARY ASSUMPTIONS HYPOTHETICAL LIMITING CONDITIONS The Appraisal of Real Estate, (13`h edition), defines extraordinary assumptions as: An assumption in which the appraiser presumes uncertain information to be factual. If found to be false these assumptions could alter the appraiser's opinion or conclusions. The Appraisal of Real Estate, (13`h edition), defines hypothetical conditions as: A condition that is contrary to what exists, but the conditions asserted by the appraiser for the purposes of analysis. This appraisal report is based on the following extraordinary assumptions: 1. Mr. Ken Natoli of HCG Design has provided the appraiser with various conceptual plans outlining the permissible development options of the subject under different plans. We have relied upon these scenarios in our valuation of the subject property and assume them to be accurate potential development scenarios. We also assume that they comply with the Land Development Code both prior to and after it was amended by Ordinance 07-055. 2. We have assumed that the subject site would be able to obtain concurrency. 3. We have identified approximately 0.23 acres of wetlands on the northern boundary of the subject property. We have assumed- that these wetlands will not affect the development potential of the subject property. 4. In order for there to be any commercial development at all, the subject property must be rezoned to Planned Retail Workplace (PRW). This appraisal assumes the hypothetical condition that the PRW zoning is, in fact, approved in Development Scenario 1. 5. In order for there to be any agricultural use at all, the subject property must be rezoned to AG-1 and a land use change to Agriculture must also be approved. This appraisal assumes the hypothetical condition that the AG-1 zoning and Agriculture land use is, in fact, approved in Development Scenario 2. 6. There is no development potential on the subject property as a matter of right. Generally, properties with no development potential would retain minimal value as conservation or mitigation. As described above, for purposes of this appraisal, we have assumed that some form of rezoning would be approved for this property. CANTRELL REAL ESTATE, INC. 11 IDENTIFICATION OF THE SUBJECT PROPERTY The subject property is rectangulaz and contains approximately 25.997 acres, (1,132,428.39 squaze feet). The subject is located on the northwest corner of Indrio Road and Emerson Avenue, two miles east of Interstate 95, in St. Lucie County, Florida. The subject site is identified by the St. Lucie County Property Appraiser as real estate pazcel number 1315-131-0002-000-7. 4 `rt, 'Y ..k- LEGAL DESCRIPTION The South 830.00 feet of the East 1,550.00 feet of the South 'h of the Northeast of Section 15, Township 34 South, Range 39 East, less the East 80 feet, the West 60 feet, the South 60 feet for public road and drainage canal right-of--way, all lying and being in St. Lucie County, Florida. CANTRELL REAL ESTATE, INC. 12 SALES HISTORY OF SUBJECT PROPERTY A title abstract has not been provided to the appraisers and a title search is not within the scope of this assigrunent. However, we have reviewed the available data and researched the sales history of the subject property. Our research indicates that a transfer of ownership occurred between Glassman Holdings, LLC, seller, and APA Emerson @ Indrio, LLC, buyer, on January 30, 2006 for $6,500,000. No other transfer of ownership has occurred within the past three years. TAXES AND ASSESSMENT ANALYSIS The subject's ad valorem taxes are established by St. Lucie County, and according to Florida law, property must be appraised at 100% of its market value as of January 1 of each year. Taxes which are for the calendar year, January 1 through December 31, come due March 1 of the following year, and are delinquent after April 1. A 4% discount for early payment is offered in November. Subsequent discounts of 3%, 2% and 1% for payments are allowed in December, January and February. The delinquent fee for payment after April 1 is 3% of the gross amount of taxes due. The subject property is assessed by the St. Lucie County Property Appraiser as parcel number 1315-131-0002-000-7. The 2007 real estate taxes and assessment data for the subject property follows: Real Estate Identification Number 1315-131-0002-000-7 Indicated Owner of Record APA Emerson @ Indrio LLC Assessed Value (2007) $ 5,532,200 Taxable Value $ 5,532,200 Total Tax $104,771.34 The 2007 real estate taxes for the subject property were paid. CANTRELL REAL ESTATE, INC. 13 MARKET AREA DATA OVERVIEW A market area is defined as the area within which a subject property competes for the attention of buyers and sellers in the real estate market, and is the area in which market participants live and work. The market area may include neighborhoods (a group of complimentary land uses), districts (areas with a single predominant land use), or a combination of both. A market area analysis is performed to determine how the operation of social, economic, government and environmental forces influence property values in the specific area in which the subject property is located. Transportation routes and development throughout the market area serves as an analytical basis when determining how, and to what extent, these forces influence property values. The subject property is located in northern St. Lucie County, Florida and is located approximately 6 miles northwest of the Central Business District of Fort Pierce. The market area of the subject property has the following general boundaries: .Northern Boundary North Boulevard .Eastern Boundary US 1 .Southern Boundary Orange Avenue .Western Boundary Interstate 95 The market area consists of a mixture of uses including older and newer single-family residential, agricultural, and~light industrial properties. Transportation Direct and indirect access to the market area is primarily provided by the following roadways: • Interstate 95 -Interstate 95 is alimited-access highway that connects the subject market area to areas along Florida's east coast and the entire eastern seaboard of the United States. In the subject market, I-95 has northbound and southbound on/off ramps at Indrio Road. • Indrio Road -Indrio Road is a 3.4-mile-long east-west street serving a section of northern St. Lucie County, Florida. Its current western terminus is an interchange with Interstate 95. Its current eastern terminus is an intersection with Old Dixie Highway. At this intersection there are commercial developments including food stores and pharmicies. • Emerson Ave - An 8.5 mile-long north-south road in northem St. Lucie County and southern Indian River County, Emerson Avenue extends 8.5 miles from its northern terminus in Vero Beach to its southern terminus at Indrio Road. CANTRELL REAL ESTATE, INC. 14 ~ Kinds Highway -Kings Highway is a 10-mile-long, two-lane north-south road connecting SR 70 and U.S. Route 1. The intersection with US 1 is the northern terminus of SR 713. Proposed Amendment to Comprehensive Plan St Lucie County is in the process of amending its Comprehensive Plan for the County. In trying to regulate future growth it developed what has become the TVC (Towns, Villages, and Countryside) Element of the Comprehensive Plan ("TVC"). However, as of December 10, 2007, the "proposed amendments" to the Comprehensive Plan had not yet become effective. The principles set forth in the Towns, Villages and Countryside Element (TVC) constitute a restrictive plan for future growth in St. Lucie County. This planning approach contains a strategy for development in the existing rural agricultural areas that the County asserts is intended to ensure that future growth is sustainable, predictable, protects and enhances the natural environment, and improves the citizens' quality of life. The TVC Element will significantly burden existing private property rights and force landowners to abide by the amended land use regulations and plan. The County has asserted that the TVC Element is intended to encourage a pattern of development that will preserve the rural character of the northern part of the county. By requiring the use of the principles of Traditional Neighborhood Design (TND), the strategy for new settlement in the undeveloped areas will require a sustainable growth pattern characterized by a mix of uses, building types and income levels as well as apedestrian-friendly block and street network. The TVC Element applies only to the Special Area Plan for North St. Lucie County as shown on the following map. According to the proposed amendments, the subject site will be required to be developed as part of a Neighborhood Center. This requirement in the proposed amendments along with the corresponding amendments to the Land Development Code that implement the proposed amendments, further restrict development of the subject beyond what is restricted by Ordinance No. 07-055, which governs development only until such time as the proposed amendments become effective. CANTRELL REAL ESTATE, INC. 15 ~ ~ 4 y ~ ~ ~ ~ ~ t, F. ~ ad Lam=: i s ~ ~+z~ ~ - V ~ ~ _c F7 ~*_'ll Sa, _ _ ~ ~ y' - ~ t ~ 5 . X`~' R~'~ n pS ~ ~ e ~ h La _ t ;"ti .hoe _ - r."~ ..4 b lt)~i - p _ ` y A.~ ~ .vim.. L ,t c ~ # i ~ .e .mil Y rl=-~.~?,i VF1.i .y..:: w~~ ;_~.a~".2:~ t+_ ~i s!.l~?S. -a.w..-~-,a ~ rr _ ~ ti K ~ A ! ¢ F~ ~ a~ `..Fk ~~J Kit dr,u,.c~. ~ ~ ~ Gat a-- c-. Fes: +.1 ~ - a - - . 'mss _"ti' _`a_: '.3 ..-.'F"=.~~ .F_=_`._" 'i.. - d _ a ~ a~r 3 _ _ r t ~ _ ms`s ~ ~ ~ ` ~ _ r ~ ~ ~ t~ tie .....'~,.~l~_~ - 3 s{"". t- a} a > r ~ ~ ~ t x _ t yy , ; ~c ~ - f a,_ ~ ~ , r ~ ~ ~ ~ 2~~- ~ ~ ~ rr s.. t: z r~ i~- :~r e - - CANTRELL REAL ESTATE, INC. 16 Development within the TVC area is intended by the government of St. Lucie County to do the following: • Preserve the rural character, encouraging opportunities for continued agriculture; • Offset biological and ecological impacts of new development; • Improve the water quality within the Indian River Lagoon; • Manage water comprehensively throughout the area; • Provide an interconnected system of native habitat preserves, greenways, parks, and open space; • Reduce automobile trips; • Balance housing with workplaces, jobs, retail and civic uses; • Provide a variety of housing types to support residents of diverse ages, incomes, family sizes, and lifestyles; • Create predictability and efficiency in planning and in the provision of infrastructure; • Allocate infrastructure and public service costs to provide for fiscal neutrality. Based on the TVC Element, the Neighborhoods will form the basic building block for all new Towns and Villages within the TVC area. Neighborhoods shall exhibit the following characteristics: 1. Neighborhood Size. The neighborhood size shall be scaled upon afive-minute walk radius (approximately % mile, 1,320 feet, or area of 125 acres), as measured from the Neighborhood Center. In general, each neighborhood shall have well defined edges and range from 80 to 150 acres in size, not including the land set aside for the Countryside component. The shape or form of the neighborhood is flexible and responds to physical or geological conditions, provided that the maximum mile radius benchmark for scale is generally maintained. For example, proposed development within a Net Developable Area of 200 acres should create two distinct neighborhoods. 2. The Transect. A Neighborhood shall contain a mix of uses including residential, retail, office, civic and recreation spaces that support the daily needs of its residents within walking distance. Varying uses shall be organized in the Neighborhood based on the Transect, which is composed of a hierarchy of zones including the Countryside, Neighborhood Edge, Neighborhood General, and Neighborhood Center zones, and in the case of developments with multiple neighborhoods, the Neighborhood Core zone. The Transect promotes a wide cross section of uses, densities and building types and depicts their appropriate location in clearly defined zones: a. Neighborhood Edge. The Neighborhood Edge is primarily a detached single- family area with larger lots and less density than the other zones. b. Neighborhood General. The Neighborhood General is one of the larger areas in a Neighborhood, allowing some small businesses compatible with the primarily residential character of the zone. A mixture of single-family homes on various lot sizes, attached townhouses, apartments, bed and breakfast tourism homes and some live-work units is appropriate. CANTRELL REAL ESTATE, INC. 17 c. Neighborhood Center. A neighborhood center is between 80,000 and 150,000 square feet of building area and averages 100,000 square feet of building area in size anchored by a grocery store. The Neighborhood Center is the recognizable nucleus in the form of a public or civic focal point. The public or civic focal point may be a publicly owned square, park, green or plaza, in combination with a school, library, museum, place of worship, community center, farmer's market or small-scale neighborhood retail uses. The Neighborhood Center provides a natural gathering place for the community and is lined by the fronts of buildings for spatial definition as well as for the increased safety afforded by the resulting natural surveillance opportunity. The Center is compact and appropriate for multi-story attached buildings designed to accommodate a range of uses over time. Shops with offices or apartments in the upper stories, live/work units and higher density residential types are all appropriate in the Neighborhood Center. The Neighborhood Center is within walking distance of and accessible to all neighborhood residents. d. Neighborhood Core. The Neighborhood Core is the densest, most active zone of the Transect, supported by at least two neighborhoods usually occurring along a major thoroughfare or at a major intersection. The Neighborhood Core has the more intense retail and office uses and may include targeted industry employment uses. 3. Variety of Housing Types. A Neighborhood shall provide a variety of housing types . and prices that support a broad range of family sizes and incomes. Housing types are defined by building types such as single-family, multi-family, townhouse, mixed-use, etc. and are distributed throughout the neighborhood in relation to the. principle of the Transect. The Neighborhood provides home-ownership as well as rental housing opportunities in an integrated manner. 4. Civic Uses. Each Neighborhood shall contain at least one Civic building. Civic buildings shall be sited on locations of high public visibility and prominence, usually within or around public Open Spaces, or at the termination of vistas. Fire Stations and Police Stations are encouraged to provide community meeting rooms to enhance their public character. Towns or Villages that are required to provide a school shall locate the school onsite. 5. Walkable Blocks. Blocks shall be scaled to accommodate a variety of building types and encourage pedestrian traffic. Such typical block dimensions range between 300' - 500' on a block face and do not exceed 750' on any single block face. Single blocks shall not exceed a total perimeter distance of 2,500'. 6. Proper Building Placement. Building types of like scale, massing, and uses shall face one another on a given street. To provide a harmonious transition, differing building types may be placed back-to-back on a single block. The primary entrance of every building shall directly face a street, a square, a park, a plaza, or a green. 7. Street Network. Neighborhoods shall have an interconnected network of public streets designed to balance the needs of all users, including pedestrians, bicyclists and motor CANTRELL REAL ESTATE, INC. 18 vehicles. A hierarchy of streets shall be provided in the neighborhood so that larger streets accommodate larger buildings and wider sidewalks while smaller streets have smaller buildings and sidewalks. Streets and buildings shall be designed so the building height facing the street is proportional to the width of the street. Alleys are required in the mixed use areas of the neighborhood to provide access for rear-loaded parking, municipal services, and loading and unloading of goods, which allows the street to be more safely used by pedestrians and bicyclists by reducing conflicts with vehicles. Alleys are required for townhouse development. In residential areas, alleys are encouraged, but not required, to accommodate parking and to provide private entrances and parking for rental units located behind single-family homes. Where alleys are used to provide rear access, buildings shall have secondary entrances, lighting and sufficient window openings to provide natural surveillance. 8. Mix of Uses. Neighborhoods shall support varying amounts of mixed use located within the appropriate area of the Transect within suitable building types. Different neighborhoods have diverse characters, which support varying amounts of mixed use; however, every neighborhood should support residential uses, a civic site, and at least one Local Store. 9. Countryside. A significant amount of Open Space is designated for the Countryside as an integral component of the settlement pattern to: a. support and enhance the rural character; b. preserve and restore native habitats; c. provide opportunities for sustained agriculture; and d. help mitigate the biological and ecological impacts of new development. Ordinance No. 07-055 (the "Ordinance") By the Ordinance, the County created a Towns, Villages, Countryside Overlay Zone that was intended to implement the proposed amendments to the St. Lucie County Comprehensive Plan, even though the proposed amendment has not yet become effective. The TVC Overlay has the same boundaries as the TVC area proposed by the TVC Element. Under the Ordinance, a Town or Village cannot be developed on the subject site because the subject site is not of sufficient size, nor has the subject site been allocated any residential density by the Ordinance or the underlying future land use designation. To develop retail and/or commercial uses outside of a Town or Village, the Ordinance requires that the subject site be rezoned to Planned Retail Workplace (PRW). As noted earlier in this report, this appraisal assumes that the County does, in fact, grant the PRW rezoning in Scenario 1 and alternatively grants the AG-1 zoning and Agriculture land use in Scenario 2. The Ordinance further limits the size of each building that can be developed on the subject site by restricting the types of "building lots" permitted on the subject site. Once rezoned to PRW, the subject site must be allocated to a transect zone. The Ordinance identifies the specific building lot types that can be placed within each particular transect zone. Although the Ordinance does not specify exactly to which transect zone the subject site is to be allocated, CANTRELL REAL ESTATE, [NC. 19 only the "core" or the "center" transect zones appear to be applicable. The "core" and the "center" transect zones each provide which building lot types would be permitted on the subject site, and the Ordinance further provides the applicable lot size and dimensional requirements for each building lot type. In summary, in order for there to be retail and/or commercial development on the subject site, only Retail Building Lots and Mixed-Use Building Lots are appropriate. Retail Building Lots have a maximum lot size of 7,200 square feet, of which the maximum building coverage is eighty percent (80%). Mixed-Use Building Lots, however, have no maximum lot size, although there is a height minimum for this type of lot; any Mixed-Use Building Lot must include atwo-story component. The various development scenarios included in this appraisal reflect the use of both Retail Building Lots and Mixed-Use Building Lots. The Ordinance further limits the uses permitted upon each type of building lot, including Retail Building Lots and Mixed-Use Building Lots. With respect to retail and/or commercial uses, only those uses permitted in the underlying zoning districts of Commercial Neighborhood and Commercial Office are permitted on the subject property. Thus, based on the Ordinance, the subject property will no longer be able to be developed in accordance with the underlying permitted uses, densities or intensities of the CG zoning district. The Ordinance identifies the uses permitted upon Retail Building Lots and Mixed-Use Building Lots, by reference to the uses permitted by the Land Development Code for the Commercial Neighborhood (CN) and the Commercial Office (CO) zoning districts. The Ordinance allows landowners to "initiate, continue, or expand agricultural uses" so long as the property has an agricultural zoning. Until September 3, 2002 the subject property had a zoning of AG-1. Therefore, it is reasonable to assume that an AG-1 zoning would be appropriate on the subject site. Residential Development The "Indrio Comdor" area is located along Indrio Road in northern St. Lucie County, generally between Interstate 95 to the west and U.S. Highway 1 to the east. This area has historically consisted of orange groves and other agricultural uses, like most land in the western two-thirds of the county. The only residential development currently in this area is the Lakewood Park neighborhood, which is a mix of scattered lot homes with some newer PUD communities. Demand for housing in this area has generally been limited, due to large scale residential development in the southern portion of the county and lack of a large employment center in the northern area of the county. Housing demand in the Indrio Corridor is projected to increase substantially in the future with the approval of the Town, Village, and Countryside (TVC) Element. The TVC Element, developed by the Treasure Coast Regional Planning Council (TCRPC), allows for "cluster" style development to occur over a 28 square mile area on both sides of Indrio Road. Much like the Abacoa community in Jupiter, the TVC area will include retail, office, institutional and other commercial activity in addition to a variety of residential housing types. The construction of new detached single-family homes within the market area should follow the same trend as the entire Treasure Coast market, with the amount of starts declining through CANTRELL REAL ESTATE, [NC. 20 2006 and 2007, followed by an increase in 2008. The amount of new housing started in the market area will increase substantially in the long-term, as development begins to occur in the TVC area. In the near-term, northern St. Lucie County will most likely not experience a substantial increase in new housing construction, as there is enough supply in the southern portion of the county to fulfill demand. Much like the Treasure Coast, the amount of finished, but vacant lots has increased substantially over the past year, indicating a buildup of inventory. The amount of units under construction has also declined, as builders are reacting to increased supply levels and decreased demand from buyers. The amount of finished, vacant units has almost matched the amount of units under construction, indicating that demand for housing in the market area has subsided, and inventory is backing up. There are several residential developments in the subject market area. They include: Waterstone Waterstone is a planned 720 unit single-family and townhome development on Emerson Road west of the proposed Kings Cove project. Developed by KB Homes and Tiffany Homes, the community will feature 544 detached single family lots ranging on 47' to 72' lot widths and 176 townhome units on 35' wide lots. Unit sizes will likely range from 1,492 square feet to 3,296 square feet and include three to five bedrooms under one story. The 62' and 72' lots will have two car garages, with the 47' lots only having a one car garage. This community is within the designated Town, Village, Countryside overlay zone established by the Ordinance and also within the TVC area contemplated by the TVC Element. Falcon Trace Falcon Trace is a 587 unit single family development on the east side of Emerson Road, just north of the St. Lucie County Line. Falcon Trace is being developed by GL Homes in two phases. Phase 1 of Falcon Trace includes 330 homes. Phase 2 will include 257 homes. There have been 120 homes sold in Phase 1 and development of Phase 2 has yet to begin. Homes within Falcon Trace are priced from $300,000 to $500,000. Millstone Landing Millstone is a 613 unit single-family development located on the west side of Emerson Road, just north of the St. Lucie County line. Millstone Landing is being developed by Shelby Homes. There have been 160 homes sold in Millstone Landing and they are priced between $310,000 and $520,000. Portofino Shores Portofino Shores is a recently constructed 276 unit single-family community which was developed by Prime Homebuilders and located on Kings Highway north of Indrio Road in northeast St. Lucie County. The community is located within close proximity of the TVC area and one of the only new planned communities to have been recently constructed in this area. CANTRELL REAL ESTATE, INC. 21 Due to concerns about the project's location, pricing for some of the units originally started in the mid $100,000 and sold extremely quickly. Since then, prices for homes within the community have increased substantially, indicating that there is a market for homes in this area. Although their sales office is closed, Prime Homebuilders is currently listing three developer units for sale. Each one of these unfurnished units includes a two car garage and the Casa Nova II model has a lake view. Prices for these remaining units are substantially higher than what was originally offered, most likely due to the fact that there is no immediate pressure to sell these last units. However, the builder has recently added a $3,000 incentive package for interior upgrades to the Casa Nova models, indicating some desire to move the remaining product. Community amenities are typical for a development of this size and include a clubhouse, pool, fitness center and multipurpose rooms. Interior amenities include ceramic flooring, vaulted ceilings, European style cabinetry and appliance package. There is an annual HOA fee of $780 per year. Commercial and Retail Commercial and retail development in the subject market area is sparse. The only significant retail center in the area is located to the east of the subject site at the northeast corner of Indrio Road and King's Highway. Indrio Crossing consists of 132,000 square feet of leaseable area and is anchored by a 48,000 square foot Winn-Dixie. A McDonald's occupies an outparcel of the Indrio Crossing center. There is a CVS Pharmacy at the southeast corner of King's Highway and Indrio Road. Conclusion The subject property is located within the Urban Service Boundary, which provides the site with access to sewer and water service, on the edge of future growth. The growth patterns indicate a westward movement and the urban service boundary line is currently at the east side of Emerson Road. The subject site is a desirable location for future development as the growth moves westward and the more heavily developed southern portion of the county is filled in. There are several new residential neighborhoods being developed in the market area. The new TVC Overlay created by Ordinance No. 07-055 imposes severe restrictions on development in the area. The outlook for the future of the subject market area is uncertain due to the uncertain status of the TVC Element and Overlay. It is possible that the growth in the County will by- pass the area encumbered by the TVC Element and Overlay. CANTRELL REAL ESTATE, INC. 22 Market Area Map Vero Beach ~ -~8 A g ' 12th St 12th St 12th St < Royat t 8M St aBth St _a ~ Pane'anait '~,y, ac < t 6lh PI `"t` B - Htn 81 - ~PaAc p~ e 9 n 104th P! 4gt St a ~ a5 Porcwiarta > s Atlantic p ate P ~ ~ Pane ist st Sw 1st St sw a ~ N _ ~ - t3ceae 5th St SW 35th St SW ~ 67, , Stn St Sw ptks Rd__ 3~ ~ ~Qstc A,~ 6a6 ~ soe ~ ~ ~i3th SL SW t 13th St SW ~ a u3i ~ > N J' 4 a Filth St SW y ~ :17th l.n-SW ~ sca 19Ct $t SW , . t c2isl Sl _ ~ 21s! SI SW Q a~ ~N , $ c a' Hghlerd~ lrtdi8t! - - _ 'n--- _ v 7~S!N - 25th Si SLM1 Lakewood - Vtkng o' Park ~ p o. < ~ 2 0 - -Z ~ o K~ a~ w ~ O Avatcn eo3 ~ ° " ~ ° $ ..State ¢ v E' Sdb~ i0. Park v ~ w o Indrio Rd Y eu - Shdrn Rd - Indro Rd ;ntlrq t~ Nt)rth Savannas . y Dike ; G b O. t 10 U ~ e- ° p 5 o ~ ~ ~ ~ 615 ID~ - z w ~ ~St tuc+e ~ ,SL Lucie o ~ n.-.-_ _"_8-.1506 . n. ' in Y HannOny Heights. 1?aradtse tiY. L 20 v'i ~bs Z, Juattifa.Av_e c ',Park ~'..J~ ~ Angle Rd W Angt£ Rd Grady Or N' p AaA ~ -o ~ Avenue Q z Schuman Rd : ~ ~ ac;r, Avenue M c Avenue :I M n~ ~ Sungnd Gardens - . 2 r7 ~ `t ~ - t31~ ~ Avenue ~ 2~AvertuG~ ~ _ ~ Florida Cracker 7 - ` _ ~ _ 3]8 Qrartge Ave FoRPe~o ~ ~ ~ ~ 131A ~ DelawafE Ave TrC - .y?n F o ~ ? Peterson Rd ~a ~r.+ 0 ~ ~ '"04~ ~ $ Ghdden.Pa~f( deeper Rd ~ Pxos Rd ~ ~ ~ 6t? ~ et5 a 6~: txl'4 ~ e118A ~ 'c a. ~rn Kelly Rd >c a a 3 - 3lrgin~a~ve_~'~ $ ~ ~ rn ~ N r ~ F O N N rA BS- ,N N J Crcg 1 2 3 4 :.a,r~t ~ t ~?2--~C'_ SI ~asor: CcrO. a~e:u ? wcl hr_ Ae ~ ~c,f hes~~.vxMarres~R~,^:stcea~ "'Cit rJ.ST-2 F;.'rgYm re~ened ~ rata a~:i:aes r'ar•.ar~rn Caen ~ 7•-+'*+sa:a^ Fan Crads aa-rnie~:~.ir USCx'j7e Qa~rn r. r'T,.~ dCants : ic,^+ypt..tr5 :y 'ele4r:s'.r. A~en:a. n.. A."~ ri~'rs restre= CANTRELL REAL ESTATE, INC. 23 SITE DESCRIPTION The site description is a detailed listing of the factual data, which affects the site and is organized in three major groups: physical characteristics, legal/governmental factors, and locational attributes. An analysis of the factual data and its relationship to the market area characteristics that create, enhance or detract from the utility or marketability of the site is provided in the Highest and Best Use section of this report. Portions of the following site description are based upon several sources which include: (1) physical inspection of the subject property; (2) information provided by the client; and (3) information provided by the public records of St. Lucie County. PHYSICAL CHARACTERISTICS Shape and Land Area The subject site is rectangular and consists of approximately 25.997 acres, or 1,132,428.39+ square feet. The subject has approximately 1,470 feet of frontage along the north side of Indrio Road and 770 feet of frontage along the west side of Emerson Avenue. w - _ - - Q. ; _ -..Le~ 0 w - w. - - IN[5R10 RD ,w ,z. w O i~ w w 0 1369ft CANTRELL REAL ESTATE, INC. 24 Ingress/Egress Access will be provided from the north side of Indrio Road and the west side of Emerson Avenue. Topography and Drainage The site is generally level and at road grade. However, there is a section of low-lying land along the northern boundary of the subject. Excess water on the subject flows towards this area. An inspection of the subject property revealed no apparent drainage problems. Utilities and Public Services The subject site is located within the Urban Service Boundary. Water and sewer are located along Emerson Road. Electricity is provided by Florida Power & Light. Telephone is provided by AT&T. Waste Disposal is provided by St. Lucie County. Police and Fire protection are also provided by St. Lucie County. Soil and Subsoil Conditions . No report of geotechnical exploration has been provided to the appraiser. As explained in the Assumptions and Limiting Conditions, no responsibility is assumed for hidden or unapparent conditions that would make the property more or less valuable. Generally, the soils appear to have adequate bearing capacities based on other nearby developments in the area. Environmental Hazards During the course of this assignment, we did not become aware of any toxic substances (or similar environmental problems) that would affect the value of the subject. As stated in the Assumptions and Limiting Conditions section of this report, the appraisers are not qualified to test for environmental hazards. We assume no adverse environmental conditions exist on the site. LEGAL AND GOVERNMENTAL FACTORS Easements, Restrictions, and Covenants An inspection of the subject property and a review of deeds recorded in the Public Records of St, Lucie County did not reveal any easements or encroachments on the subject property. Flood Hazard An examination of Federal Emergency Management Agency's Flood Insurance Rate Maps indicate the subject property is located on Map No. 12111C-0070-F, dated August 19, 1991. The map indicates the subject property lies within Flood Zone "X", an area determined to be outside the 500-year flood plain. CANTRELL REAL ESTATE, INC. 25 Zoning Until September 3, 2002 the subject property had a zoning of AG-1. On this date the property was rezoned to Commercial General (CG). Permitted uses within the CG zoning district include, but are not limited to, apparel and accessory stores; beauty and barber services; eating places; finance, insurance, and real estate; food stores; gasoline service stations; health services; miscellaneous retail including drug stores, sporting goods, and florists; tax return services; motion pictures; photographic services; retail trade-indoor display and sales only; child care services; travel agencies; and veterinary services. The lot size and dimensional requirements under the CG zoning are as follows: • Minimum Lot Requirements: 20,000 square feet, with minimum lot width of 100 feet • Maximum Building Coverage: 50% • Maximum Height: 60 feet • Minimum Road Frontage 60 feet • Setback Requirements o Front: 25 feet o Rear: 20 feet o Side: 10 feet o Side Corner: 20 feet ' Concurrency The exceptional rate of growth experienced by the State of Florida over the past 30 years has placed unprecedented demands upon the local and state governments for schools, roads, bridges, utilities, police, fire and emergency medical services, and recreational facilities. In an attempt to address these increasing demands, and exert some control over them the Florida State Legislature passed the Growth Management Act of 1985. In brief, the Growth Management Act required all of the State's counties and municipalities to devise their own "comprehensive land use plan" which would then be used to guide and control development into the foreseeable future. The Concurrency provision of the Growth Management Act mandates that new development can proceed only when the necessary infrastructure is already in existence or will be in place concurrent with the impact of the development. This new law has effectively created a "pay as you go" system of implementing new growth in a given area. If local governments are unable to meet the demands which new growth will entail, the burden will be shifted to the individual property owner or developer. This new situation impacts the valuation of real estate due to the fact that government at all levels is generally in a mode of reduced spending, and the costs related to Concurrency will frequently be borne by the property owner. The Concurrency provision also requires local governments to adopt level of service standards for public facilities and services. These standards are to be specified in each city's or county's comprehensive plan. Developers of proposed projects are required to satisfy level of service CANTRELL REAL ESTATE, INC. 26 requirements in all seven categories. These categories are: roads, drainage, solid waste, sanitary sewer, potable water, recreation and mass transit. Examples include total car trips and/or average speed on roadways at peak traffic hours, amount of solid waste disposal per resident, etc. If the existing level of service falls below adopted standards, or if a proposed development degrades the level of service to an unacceptable level, the previously mentioned concurrency provision will then be implemented, and a development permit will not be issued until the deficit is addressed. Developers who meet or exceed these requirements, and those projects which are grand fathered into local plans, are considered vested. New developments may be vested by gaining approvals within the one year time period between when a comprehensive plan is transmitted to the state for approval and when the concurrency management system and land development regulations based on that plan are adopted. As mentioned in the Assumptions and Limiting Conditions, we have made the extraordinary assumption that the subject site can satisfy concurrency requirements. LOCATIONAL ATTRIBUTES Geographical Orientation The subject property is located on the northwest corner of Indrio Road and Emerson Avenue in northern St. Lucie County, Florida. The property is located approximately two miles east of Interstate 95 and three miles west of US Highway 1. Adiacent Land Uses The subject is located in a rural area of St. Lucie County. However, new development is planned and/or is under construction within the immediate area. The Waterstone development is located across Emerson Avenue from the subject property and upon completion will include 720 single family lots and town homes. An older commercial center is located approximately one mile east of the subject site. In addition, existing single-family homes are located east of the site on the north side of Indrio Road. CANTRELL REAL ESTATE, INC. 27 HIGHEST AND BEST USE ANALYSIS Highest and Best Use, as used in this report, is defined in The Appraisal of Real Estate, (12th edition), as follows: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value, (p. 305). Market forces create market value, so an analysis of market forces that have a bearing on Highest and Best Use is critical to the valuation process. When the purpose of an appraisal is to develop an opinion of market value, the Highest and Best Use analysis identifies the most profitable use to which the property can be put. The Highest and Best Use of a specific parcel of land is not determined through subjective analysis by the appraiser; rather, the competitive forces with the market where the property is located shape Highest and Best Use. The analysis and identification of the Highest and Best Use is an economic study and a financial analysis focused on the subject property. Highest and Best Use must be reasonable, probable and proximate (i.e., likely to occur soon, if not immediately). It is not speculative or conjectural. It may or may not be the present use of the site. Highest and Best Use can change over time as external market forces change. These changes include competition, effective demand, public tastes and standard land use requirements (e.g., zoning). In addition, the character of a property may change, thereby chang- ing its Highest and Best Use. To identify the Highest and Best Use of the land as if vacant, the proposed use must meet four criteria. Those criteria are considered sequentially as follows: 1. Possible Use (Physical) -Those uses that are physically possible on the subject site or in the subject improvements, given the physical characteristics revealed by property analysis. 2. Permissible Use (Legal) -Those uses that are permitted under existing zoning and other land use regulations and controls, and under existing deed restrictions for the subject property (if applicable). 3. Feasible Use (Appropriate) -Those legally permitted and physically possible uses for the subject property, which are appropriate given the characteristics revealed by the market, and the analysis of those uses that produce any net return to the owner or positive net present value. 4. Maximally Productive Use -That appropriate or feasible use for the subject property, which will produce the highest present value. HIGHEST AND BEST USE PREMISE Highest and Best Use is the foundation on which market value rests. Most valuation studies include the basic assumption that both buyer and seller are equally well informed and are well CANTRELL REAL ESTATE, INC. 28 aware of the property's most profitable use. The rational purchaser, assuming no undue pressure to buy, will base his purchase offer on this most profitable use. Likewise, the rational seller, without any undue pressure to sell, will not accept an offer below the price based on this most profitable use. Therefore, the value estimate must be based on the property's Highest and Best Use. A proper test of the Highest and Best Use of vacant land must consider all logical and feasible alternative uses. However, the market usually limits the number of uses to a few logical choices. Each alternative use must first meet the tests of physical possibility and legal permissibility. The uses that meet the first tests are then analyzed to ascertain how many are financially feasible. Of those uses that are deemed to be financially feasible (i.e., those which produce an adequate return on investment), the one that produces the highest return to the land or the highest land value, is said to be the Highest and Best Use of the property. HIGHEST AND BEST USE PRIOR TO ORDINANCE N0.07-055 Physically Possible Uses The first constraint on the subject site is dictated by its physical attributes. The scope of development would be physically limited by ground coverage within its boundaries. The subject property contains approximately 25.997 acres, or 1,132,428.39 square feet. It is located on the northwest corner of Indrio Road and Emerson Avenue and is of sufficient size to accommodate most development plans that would be appropriate for a site of its size. We have provided a conceptual plan for the potential development of the site. This plan prepared by Mr. Ken Natoli of HCG Design indicates that the subject site can be developed with acommercial/retail center with approximately 184,766 square feet of building area. Legally Permissible Uses The second constraint of the use of the subject site is dictated by the legal and governmental restrictions imposed on the land. The subject property is zoned CG by St. Lucie County. The CG zoning allows a variety of commercial uses including, but not limited to, apparel and accessory stores; beauty and barber services; eating places; finance, insurance, and real estate; food stores; gasoline service stations; health services; miscellaneous retail including drug stores, sporting goods, and florists; tax return services; motion pictures; photographic services; retail trade-indoor display and sales only; child care services; travel agencies; and veterinary services. The lot size and dimensional requirements under the CG zoning are as follows: • Minimum Lot Requirements: 20,000 square feet, with minimum lot width of 100 feet • Maximum Building Coverage: 50% • Maximum Height: 60 feet • Minimum Road Frontage 60 feet • Setback Requirements CANTRELL REAL ESTATE, INC. 29 o Front: 25 feet o Rear: 20 feet o Side: 10 feet o Side Corner: 20 feet Financially Feasible Uses In order for the physically possible and legally permissible uses to be considered financially feasible, they must produce net revenue sufficient to satisfy the rate of return on invested capital required by the investor. After considering uses for the subject site, which are physically possible and legally permissible, we must consider the influence of the surrounding neighborhood land uses and the recent growth and current demand within the subject's neighborhood. We have surveyed the neighborhood to determine the types of land uses in the area. Within the immediate area of the subject site are existing residential developments including Lakewood Park, located east of the subject property, on the north side of Indrio Road. In addition to existing residential development, there are two developments under construction. Portofino Shores is a 276 unit single-family community which was developed by Prime Homebuilders and located on Kings Highway north of Indrio Road and Waterstone which is a 720 unit single-family and town home development on Emerson Road located across from the subject property. With the current residential development ongoing in the immediate area of the subject site and the future development that is planned, demand for commercial development is likely to increase. The subject, located on the corner of Indrio Road and Emerson Avenue, is ideally located to support the current and future demand for commercial development in the area. Therefore, commercial/retail development is identified as a financially feasible use of the subject property. Maximally Productive Use The maximally productive use of the subject site "as if vacant" is the use which creates the highest return to the land in the long run, and, therefore, creates the greatest overall land value. The subject is ideally located in a growing area with existing and planned residential development. The subject is of sufficient size to support a variety of commercial uses. Given these considerations, we have identified that the maximally productive use of the subject site is for development of a community shopping center with two anchor tenants including a national food store, big box retail and supporting out parcels totaling 184,766 square feet. A conceptual site plan prepared by Mr. Ken Natoli of HCG Design is shown on the following page. CANTRELL REAL ESTATE, INC. 30 ~i= ~ mg a R ~ o ^R j m m - - 0 >e y 3r1~_nv ~osa~~u m - - - as yi -.u 1 0 ~v ~ l+ v ~ 1 1 .~QG4_- I - ' I / 1 i 1~ 1 u i 1 1~ - I a ~ -O' W ~ ~ ~ ~ ! ~ ~O $ SZ O5Y I OB I Q ~ ~c ~ I- ~ I 1 1~ y I ~ N I~ ~ I i° 1 I I I 1 U I ~ I ~ / .r. i i V~IIIIIIIV tl 1 ~ 1 A 1 ~ - 1 .I ~ J .e ~ai z u 1 I ~ C L > v l ( / 1 ~ ~ ~ ~ i~ I i~ ~ Y 1 1$ I ~ u ~ Qa I a" ~ r ~ { ~ a i r ~ L ~ ~ 1 1 II 11 1 1$ ~ V ~ a ~ _ ~ _ I I~ 1 1~$ o I ~ -'-v' ~ ~ I ' ' ° s V O 1 1 Ic g 1 I I~~ of N b ~ ( laa i # _ J 1 ~ H I I I .7 J l) K ~ L i Z K~ ~ I I I ~ ~ n o ~ I ILL- ~ 4~+ u~ U , ~ 1 1 ~o ~ ° z ~ I 1 C lea ~ / - J ~ I i i p II ~ ~ I I ' I v ` 1 ~ ~ H 1 I I z v c C =r~~ `I at~~< N ! ~ 1 $w'.7~. r-~.~ OLL I ~i CANTRELL REAL ESTATE, INC. 31 VALUATION METHODOLOGY -BEFORE THE EFFECTIVENESS OF ORDINANCE 07-055 Before December 10, 2007, the subject property was able to be developed within the limits detailed by the CG zoning code. We identified the highest and best use of the subject property and estimated the market value under this scenario. The valuation process includes an analysis using the Sales Comparison Approach based on a price for land paid per square foot of building area as a unit of comparison. The Sales Comparison Approach involves a process of gathering information from similar properties that have recently sold and, by direct comparisons, an indication of the value of the subject property is developed. The analysis can produce a good indication of value when there is an active market and the physical and economic aspects of each property are highly similar. Direct sales comparisons tend to best reflect the actions of buyers and sellers. The procedure. reduces the sale prices of comparables to common units of comparison and, through a process of analysis and the application of judgment, a unit value for the subject property is estimated and applied. A systematic five-step procedure for applying the Sales Comparison Approach involves: Research -the market for information on comparable properties; Verify -that the data is accurate and representative of arms-length transactions; Determine -relative price units of comparison; Compare -the subject with the comparables and either adjust the comparables prices for those differences that influence value or bracket the subject property based upon the subject's relative comparability when compared to the comparables; Reconcile -the multiple value indications into a single value or range of values. RESEARCH, VERIFICATION AND UNITS OF COMPARISON A thorough search for recent sales of comparable sites was made. Some of the sources for information include public records, local real estate agents, site inspections, buyers, sellers, etc. Of the land sales that were found, only those "arms-length" transactions for sites that would be considered a reasonable substitute to the subject property were used in the valuation analysis. All of the sales were verified with the seller, buyer, or sales agent (broker) and/or attorney where possible. Verification was used to confirm data collected through research and to discover value influencing factors such as condition of sale, motivations of sale, negotiations, planned use, etc. All of the data is felt to be accurate and reliable. The unit of comparison utilized in the Sales Comparison Approach is price per square foot of building area. We have relied upon a conceptual plan by Mr. Natoli of HCG Design indicating that the subject can be developed with a density of 184,766 square feet of building area. Additionally, we have identified the proposed development densities on the comparable sales. On the following pages is a summary of the market sales we have found to be most comparable to the subject property and which have been analyzed in our valuation process. CANTRELL REAL ESTATE, INC. 32 Land Sale No. 1 I Property Identification Record ID 6464 Property Type Retail, Shopping Center Property Name Indrio Road Shoppes Address St. Lucie County, Florida Location South side of Indrio Road Tax ID 1316-321-0002-000-3 Sale Data Grantor Indrio Properties, LLC Grantee Indrio Road Shoppes Fla, LLC Sale Date October 09, 2007 Deed Book/Page 2890/981 Property Rights Fee simple Conditions of Sale Arm's-length Verification Randy Tulepan; (954) 603-0455, November 26, 2008; Other sources: Public records, Confirmed by Sean McGill Sale Price $2,600,000 Land Data Zoning CG Topography Level Utilities All to site Shape Rectangular Stormwater On-site Concurrency Not in place at the time of sale CANTRELL REAL ESTATE, INC. 33 Land Size Information Gross Land Size 10.087 Acres or 439,390 SF ActuallPlanned Building SF 90,000.00 Indicators Sale Price/Planned Bldg. SF $28.89 Remarks This property is located on the south side of Indrio Road, just east of Interstate 95. The property is located within the St. Lucie County Urban Service Boundary. The property owner indicated that the property was proposed to be developed with a retail shopping center with approximately 90,000 square feet of building area. CANTRELL REAL ESTATE, INC. 34 Land Sale No. 2 - - - ¦ A`lENUDD ~ AVENUED ~ _ . # ~ q O Wit} sj AVE y.F - ` ~ - f i, 3 - x ~ , ~ i i ~ OELAIYIIRE AYEN_UE -_I ~ ~ 1~ Property Identification Record ID 6465 Property Type Retail, Shopping Center Property Name Orange Avenue Mart Address St. Lucie County, Florida Location North side of Orange Avenue Tax ID 2407-134-0001-000-4 Sale Data Grantor Orange Avenue Development, LLC Grantee Orange Avenue Mart Fla, LLC Sale Date October O5, 2007 Deed Boolz/Page 2889/77 Property Rights Fee simple Conditions of Sale Arm's-length Verification Randy Tulepan; (954) 603-0455, November 26, 2008; Other sources: Public records, Confirmed by Sean McGill Sale Price $4,750,000 Land Data Zoning CG Topography Level Utilities All to site Shape Rectangular Stormwater On-site Concurrency Not in place at the time of sale CANTRELL REAL ESTATE, INC. 35 Land Size Information Gross Land Size 19.190 Acres or 835,916 SF Actual/Planned Building SF 141,481.00 Indicators Sale Price/Planned Bldg. SF $33.57 Remarks This property is located on the north side of Orange Avenue. The property is located within the St. Lucie County Urban Service Boundary. The property owner indicated that the property was proposed to be developed with a retail shopping center with approximately 141,481 square feet of building area. CANTRELL REAL ESTATE, INC. 36 Land Sale No. 3 AVEN000 f t. _a-, <i l 3 ORANGE AVE `4~f - ~ J; ~ F E ' ! OELAYMRE AVENUE ~m train ~ ~ Z . t~ ~ ! E ~ _ s _ err - _ Property Identification Record ID 5667 Property Type Retail, Shopping Center Property Name Orange Avenue Shoppes Address Fort Pierce, St. Lucie County, Florida Location South side of Orange Avenue Tax 1D Multiple Parcel Numbers Sale Data Grantor Smigiel Partners IX, Ltd. Grantee Orange Avenue Shoppes Fla, LLC Sale Date October 24, 2006 Deed Boolz/Page 2686/1131 Property Rights Fee simple Conditions of Sale Arm's-length Verification Randy Tulepan; (954) 603-0455, June 04, 2007; Other sources: Public records, Confirmed by Sean McGill Sale Price $9,500,000 Land Data Zoning CG Topography Level Utilities All to site Shape Rectangular Concurrency Not in place at the time of sale CANTRELL REAL ESTATE, INC. 37 Land Size Information Gross Land Size 33.250 Acres or 1,448,370 SF ActuaUPtanned Building SF 229,412.00 Indicators Sate Price/Planned Bldg. SF $41.41 Remarks This commercially zoned property is located on the south side of Orange Avenue. The property is located within the St Lucie County urban service boundary. The property owner indicated that the site was purchased for development of a retaiUpower lifestyle center. CANTRELL REAL ESTATE, INC. 38 Commercial Land Sales Map .'tom:, Pt3t+±r zest sl ;;w ~t - i 6t ; - _ _ tfgh4and ~ - ~~qda Aue. 25th S2 SW__ _ 251h~t ,SVY- _ ~ lakewood - ~ - ~ c Park c Q~Ibnd Ave-n', ~~s~ ~ Russos Rd ~ ~ 6~ "s' rn bG3 ~ 607 ~ ~ ~ Q o m ~,Setiasl~n-ft4 'fi : o Y Q a ~teden~td~ - ~r'3 ~e indtBR ~ ~ 6 X38 c m - f It~riq Rd - ~ t I g W - - _ ~ $ti - ~ indro Rdlfldfl0 Rd ata - - tlndiq y T38 Land Sale ~1 ~ ~ ~ , b~_ Q o ~ ~ E ~ W 60? Z ' o = _ ~strucre _ ~ 9 ~-IiNema9onal - fY 16- ~ 6t5 ~ . _ - _ p` o ~ St _Lu~ie Blvd - lit. L.alciee _ - - - - s hoe „ ' ~ Conic _ u ' Harmony` to Fiegh~ L-26 6tt Yvonne Dr - _ _ - Pardaise Fancy W An Ie Ro ~ ~ 3s,Q . W Anyle_Rd .tyailNa Pve .n rn anus L g _ _ - s z g' ` ~ rand sale s3 Angievilfes Land Sate ~ z m: Uj t31ti ~ ~ ~ t i Fbrida~racket_Tratl sa - ~ ~~[ange~ve z~ F _ n 3 ~ ~ ~ l + _ _ Delewatt Ave m ° +p ~ o 131At PE~(SOf1 RQ l.__ 7711 - V: n ° c ~ ~ \~4- to ~ Pa==Fort Pje'?te ~sl' cGnham d f ~~6A .Z7 Y: ~ y Q1f ~ - ~ ~ n - ° i a ~Ytrgmiallve Yw9~ live _ z 609.> SY \ ~ Cortez f3{Vd - r _ i o ° Kirby' Loop- Rd ' ` ° - ~ ' S m of Edw~ds Ra' u' - r C'~ 152,. X29 - ~ - ems: ~ -6t~ _ _ - Q - _ ~ 'P1 _ „ .n `~,i N 6ell_gv4 ~ _V7 0 nti l 2 3 Cccw.c t a ~ .+c8 - ~ 6t~crosch Cnmoraam an ~c-:-s swo .111 -~ha riser d `r9 +w.lw -r vcscicc2~safrs~ ^rra ^ mi~ma +rd diner > --u ':.00: rl%`.TEU A * Tts resfrvs:, The Lati .ter seas a Ca}u i ,.u:fi'srcrmabn otf- ,}r" 2frt^.ii}:6~ lrcrr~ :,i-ad-~ss autrc:-:~e}.. s... a • H:~ b1:lsy the Glue-. s F. ~ht c. GnaQi. Green s Pri.-lr for C+nG.i. xa, -0 arnc .Jr?c~ fix: h,°i d ire traoerits ot!:h`.TE ~ . _CC? Tex A"..a} *•c!ri Arfnca..<. A` nrns IE}!lLF~. TNe LCD i": AYlS 1k1d1 iY'N~Li Yf 6i~lr'a11} LsT1! Ma}. K. CANTRELI. REAL ESTATE, INC. 39 ANALYSIS OF LAND SALES We have analyzed the characteristics of the comparable land sales and compared them to the subject property. Characteristics analyzed include market conditions, location of the property, and size. The following sales are the most comparable to the subject property: Sale Sale Proposed Sq. $/Sq. Ft. Sq. Ft. No. Grantee Date Sale Price Acres Ft. Bldg. Bldg. Bldg./Acre 1 Indrio Road Shoppes Fla, LLC 10/9/07 $2,600,000 10.09 90,000 $28.89 8,922 2 Orange Avenue Mart Fla, LLC 10/5/07 $4,750,000 19.19 141,481 $33.57 7,373 3 Orange Avenue Shoppes 10/24/06 $9,500,000 33.70 229,412 $41.41 6,807 All of the sales were the result of arm's-length negotiations between buyer and seller and were consummated on cash terms or its equivalent. Therefore, no adjustments were necessary for conditions of sale or financing. MARKET CONDITIONS Paired sales analysis reveals no clear pattern of change in market conditions during the time period of the sales analyzed for sites of similar size to the subject. Therefore, no adjustment for market conditions has been applied to the comparable sales. SITE CHARACTERISTICS Proposed Density We have studied the market and identified that the density of retail developments is typically in the range of 7,000 to 7,500 square feet of building area per acre. The subject is proposed to be developed to a density of 7,108 square feet of building area per acre. Sale No. 2 is proposed to be developed to a density of 7,373 square feet of building area per acre. These densities are very similar and therefore, no adjustment for density is necessary. Sale No. 1 is proposed to be developed to a density of 8,922 and sale No. 3 is proposed to be developed to a density of 6,807. Paired sales have indicated that a positive adjustment of 15% is appropriate for Sale No. 1 and a negative adjustment of 15% is appropriate for Sale No. 3 due to the difference in proposed density as compared to with the subject's planned development density. Location All of the sales are located in northern St. Lucie County and are zoned CG for commercial use. The locations are very similar to the subject, and we were unable to identify a premium for location for any of the comparable sales. Therefore, no adjustment for location was necessary. The adjustments outlined above are depicted on the grid on the next page: CANTRELL REAL ESTATE, MC. 40 Land Sale Land Sale Land Sale Sub'ect No. 1 No. 2 No. 3 APA Emerson @ Indrio Road Shoppes Orange Avenue Mart Orange Avenue Shoppes Property Indrio, LLC Fla, LLC Fla, LLC Fla, LLc N WC Indrio Rd. & North side of Orange South side of Orange Location Emerson Ave. South side of Indrio Road Avenue Avenue Sale Date 10/9/07 10/5/07 10/24/06 Acres 26.00 10.09 19.19 33.70 Sq. Ft. Bldg Area 184,776 90,000 141,481 229,412 SALE PRICE $2,600,000 $4,750,000 $9,500,000 Price Per Sq. Ft. Bldg. Area $28.89 $33.57 $41.41 Property Rights Conveyed Fee Simple Fee Simple Fee Simple Conditions of Sale Arm's-length Arm's-length Arm's-length Sq. Ft. Bldg Area per Acre 7,108 8,922 7,373 6,807 Adjustment Necessary 1'es No Yes Adjustment 15% 0% -15% Size adjusted Price per Sq. Ft. Bldg. Area $3322 $33.57 $35.20 INDICATED VALUE PER FRONT FOOT $33.22 $33.57 $35.20 RECONCILIATION AND ESTIMATE OF VALUE The range of unit sales prices for the four sales transactions identified above is $32.22 to $35.20 per square foot of building area. These sales reflect a mean of $34.00 per square foot of building area. We have analyzed the sales and compared them to the subject property. Sales Nos. 1 and 2 are the most recent sales and are considered most comparable to the subject as of the date of value. Some weight has been placed on Sale No. 3. Based on this analysis, we have concluded a unit value of $33.50 per square feet of building area for the subject property. Therefore, the value of the subject property as of December 9, 2007, before the effectiveness of Ordinance 07-055, is: 184,766 sq. ft. of bldg. area x $33.50 per sq. ft. of bldg. area = $6,189,661 CANTRELL REAL ESTATE, MC. 41 VALUATION ASSUMING THE LAND DEVELOPMENT CODE OF ST. LUCIE COUNTY HAS BEEN AMENDED BY ORDINANCE NO. 07-055 On December 10, 2007, the Land Development Code of St. Lucie County was amended by Ordinance No. 07-055. Ordinance No. 07-055 eliminated the ability of APA Emerson @ Indrio, LLC to develop the property in accordance with the CG zoning and applies restrictive land development regulations, decreasing the development potential of the site. We have been asked to estimate any loss in market value to the subject property as a result of Ordinance No. 07-055 under the following two development scenarios: 1. The Land Development Code as amended by Ordinance No. 07-055 is effective. The subject site must be rezoned, and thus there is no development potential under the current zoning as of right. St. Lucie County is not required to approve a rezoning; however, for purposes of this development scenario we have made the hypothetical assumption that the site has been approved for a rezoning to Planned Retail Workplace (PRW). The subject site can be developed with 176,297 square feet of building area; the subject site can be developed with various types of mixed-use building lots with no maximum lot size, but with a minimum height of two stories, in addition to any retail building lots with a 7,200 square foot maximum lot size; each block of development has a maximum of 2,4001inear feet. 2. The Land Development Code as amended by Ordinance No. 07-055 is effective. The subject site must be rezoned, and thus there is no development potential under the current zoning as of right. St. Lucie County is not required to approve a rezoning; however; for purposes of this development scenario we have made the hypothetical assumption that the site has been approved for a rezoning to AG-1 and that a land use change to Agriculture would also be approved. Under this scenario we have assumed that the site would be able to function as a general agricultural site with limited development potential. DEVELOPMENT SCENARIO 1 Under Development Scenario 1 the subject site can be developed with 176,297 square feet of building area; the subject site can be developed with various types of mixed-use building lots with no maximum lot size, but with a minimum height of two stories, in addition to any retail building lots with a 7,200 square foot maximum lot size; each block of development has a maximum of 2,400 linear feet.. A conceptual site plan of Development Scenario 1 prepared by Ken Natoli of HCG Design is shown on the following page. CANTRELL REAL ESTATE, INC. 42 ~ _ _ _ _J z~ ~ _ ~ ~nN3n0' NOS?13W3 _ ~Z ~ 3 ~s ' ~ I I U ~ C ' I 9 -oN 1VNV~ ~IaM i?~I7tJ lyo ! ~ ! sF I . i ea i I ' ' ~J . A 1 ~ i S Y~ I ~ I # v ~ ; Q j iiiiii i ~ 1 I o t~ ~ ~ - ~ Ufa ~ o 1 I fir. I ~ ~ ~ b ~ I ~ I I ~ F ~ ~~6 afy ~ ~ I w (I ( I~ z{C~!U ~ a~ I 1 »s a1 ~ ! h ~ o - ; ~ r I ! - ~O uo . I Y I i _ ° 1 IrCD i w ILI! I,li o~~lllil'~Ll+~~~~® r 1 .c i _ ~ ~ _ h , 3~ i ~~y_ ~ ~ I II da r a I 7 ~ of a ! i z y.... ~ ~ p, t ~--r--r-r ~t-rrr-i-~i~ ~ ~ N t9 ~ i f ~ ! } ~ ~ a v ~i~ ~ a v ~ ~ ~ _ ~ D• U ~ a I it a -r•i ! # ~ 9 I ~ C ~i! ~ ~ I i (]II1II I~ - ~i~°O°JJJ I i ; LIII~TffTl1 ~ ~ V -Y s ~ I ~ ~ ~ Q r~ I ~i ® ! ? f O 's •ie ~ ~ E h CSSOYJIOLL CL'IO.OIC ~ i ~ i _ L CANTRELL REAL ESTATE, INC. 43 As indicated on the site plan, the development potential of the site has been restricted by the Ordinance. This includes: • Limiting the site to only one anchor tenant with a maximum of approximately 44,095 square feet; • Requiring the site to be developed with approximately 132,202 square feet of smaller strip retail uses; • Requiring the parking to be located in the interior of the site as opposed to in front of the buildings; • Limiting the view of the buildings not located along Indrio Road and Emerson Avenue; • Requiring development with the use of blocks, where each block is limited to 2,400 linear feet. Based upon our analysis of the site plan prepared by HCG Design and our review of the Land Development Code as amended by Ordinance No. 07-055, we have concluded that the subject is restricted to a development plan more consistent with an urban infill setting. For this type of development to succeed it is typically necessary for there to be a large residential base in the immediate area and a small supply of retail land available. This is not the case for the subject property as of the date of value. Based on our understanding of the market demands we have concluded that this type of development is not financially feasible as of December 10, 2007 and is not the current highest and best use of the subject property. We have concluded that the highest and best use of the subject site under Development Scenario 1 is to hold for investment for seven years until demand can support this type of retail and/or commercial use. Then the subject property might be developed in accordance with Ordinance No. 07-055 as depicted in the conceptual site plan prepared by HCG Design. If sufficient demand were in place, we conclude that the unit value of $33.50 per square foot identified in the land valuation before the Code was amended by Ordinance No. 07-055 would be appropriate for the subject property. Because there is not sufficient demand to support this type of development, it is necessary to estimate the present value of the property under Development Scenario 1 from when demand is expected to be sufficient to support development. We have forecasted that sufficient demand for Development Scenario 1 will not be available for seven years from the date of value. We have utilized the fourth quarter publication of the Korpacz Real Estate Investor Survey to derive an appropriate discount rate to identify the current market value of the subject. Based on our analysis and the data contained in Korpacz we have concluded that a discount rate of 10% is appropriate to estimate the present value of the subject under Development Scenario 1. Therefore the value of the subject property as of December 10, 2007, assuming Development Scenario 1, is as follows: $33.50 per sq. ft. bldg. area x 176,297 sq. ft. _ $5,905,950 Present Value of $5,980,186 @ 10% over 7 yr. holding period = $3,030,686 CANTRELL REAL ESTATE, INC. 44 Loss in market Value Under Development Scenario 1 As previously described in this report, we have estimated that the value of the subject property as of December 9, 2007, assuming that the Land Development Code of St. Lucie County had not been amended by Ordinance No. 07-055 is $6,189,661. Therefore the loss in value to the subject property as a result of the effect of Ordinance No. 07-055 under Development Scenario 1 is as follows: Market Value before the effectiveness of Ordinance No. 07-055 $6,189,661 Market Value after effectiveness of Ordinance No. 07-055 under Development Scenario 1 $3,030,686 Loss in Market Value due to effectiveness of Ordinance No. 07-055 $3,158,975 DEVELOPMENT SCENARIO 2 Under Development Scenario 2 the land development code as amended by Ordinance No. 07- 055 is effective, but the TVC element of the comprehensive plan amendment is not effective. The subject site must be rezoned, and thus there is no development potential under the current zoning as of right. St. Lucie County is not required to approve a rezoning; however, for purposes of this appraisal we have assumed that the site would be approved for a rezoning to AG-1 and that a land use change to agriculture would also be approved. Under this scenario we have assumed that the site would be able to function as a general agricultural site with limited development potential. We have identified four sales for comparison to the subject under this scenario. These sales were analyzed on a price per acre basis. A summary of the four sales is shown on the following pages. CANTRELL REAL ESTATE, INC. 45 Land Sale No. 1 ~ ~ r ~`~`S~ i fit. ~ .~,,i ~~'r'f ' ~ ~ ~~r 'i7 ~ , j'r~ ~ t,!l~~i ~ ~ ~ ~~j_; ~~,1 ~ r ~{ri1r~~,r~€~ 1. ' , ~ - ~r tr~'~~~~ ~~#~F b` - .r - f - e i~ { Property Identification Record ID 6467 Property Type Agricultwal Address St. Lucie County, Florida Location West side of County Road 613 Tax ID 2228-111-0003-000-8 Sale Data Grantor Ameer & Rabeena Khan Grantee Gator Bait Development, LLC Sale Date March 08, 2007 Deed Book/Page 2777/973 Property Rights Fee simple Conditions of Sale Arm's-length Verification Public records, Confirmed by Sean McGill Sale Price $520,000 Land Data Topography Level Shape Irregular Land Size Information Gross Land Size 20.000 Acres or 871,200 SF Indicators Sale Price/Gross Acre $26,000 CANTRELL REAL ESTATE, INC. 46 Land Sale No. 2 r u - - _ GEAVE M 6 _ t Property Identification Record ID 6468 Property Type Agricultural Address St. Lucie County, Florida Location North side of Orange Avenue Tax ID Multiple parcel numbers Sale Data Grantor Edward & Nettie Swan Grantee Stewart Land Company, LLC Sale Date Apri121, 2006 Deed Book/Page 2547/1463 Property Rights Fee simple Conditions of Sale Arm's-length Verification Public records, Confirmed by Sean McGill Sale Price $1,969,800 Land Data Topography Level Shape Rectangular Land Size Information Gross Land Size 80.000 Acres or 3,484,800 SF Indicators Sale Price/Gross Acre $24,623 CANTRELL REAL ESTATE, INC. 47 Land Sale No. 3 - _ - - - -7=' l _ ~~1 _ .r • tt: _ - - - t~ 1 - - T( t Property Identification Record ID 6469 Property Type Agricultural Address St. Lucie County, Florida Location South side of Rim Ditch Road Tax ID 2203-121-0001-000-8 Sale Data Grantor Yaser Etayem Grantee Mya Corporation of Melbourne Sale Date August 15, 2005 Deed Book/Page 2336/575 Property Rights Fee simple Conditions of Sale Arm's-length Verification Public records, Confirmed by Sean McGill Sale Price $1,000,000 Land Data Topography Level Shape Rectangular Land Size Information Gross Land Size 40.000 Acres or 1,742,400 SF Indicators Sale Price/Gross Acre $25,000 CANTRELL REAL ESTATE, 1NC. 48 Land Sale No. 4 'i a o a 4 ~ t- ~ ~ ~ ~ ~ ~ ~ ' ~ - - _ ~ - ORAMGE AVE _ _ ~ _ f _ 9. . ~ 6+ S f.l Proaerty Identification Record ID 6470 Property Type Agricultural Address St. Lucie County, Florida Location East side of Jenkins Road Tax ID 2407-221-0001-000-1 Sale Data Grantor Marie & Philip Hoeffner Grantee Joseph Miller Sale Date Mazch 23, 2005 Deed Boolc/Page 2195/2300 Property Rights Fee simple Conditions of Sale Arm's-length Verification Public records, Co~rmed by Sean McGill Sale Price $1,000,000 Land Data Topography Level Shape Irregular Land Size Information Gross Land Size 38.400 Acres or 1,672,704 SF Indicators Sale Price/Gross Acre $26,042 CANTRELL REAL ESTATE, INC. 49 Land Sales Map _ ztst Sr sw - - ~ sw. s77 _ .IygttlarG nth St SW _ _ 25th Si SW _ _ - = - ~ i ~ ~ Viktng _ Lakewood Park ~ ~7 a' . ~3 yQ' 695 Rusa95 Rd ~ ~ ~ _ m t `is. ~ fiG3 ~ 6C7 o:y-~ -m W m ~ E t C7 ~ 138 a~i' m v? ti ~ w _ I~drio Rd Y ¢ ~rlndtio Rd Eta Intlno .,138 wbJ~ a ~ z s 0 06 a : ~m ~ z F '~L Sale No. 3 ` ~ ~ w E St Lucie Blvd _ - _ - ~ aofi - - V ,n ~t'- Harrnany, L-20 s7 ~ Fkighti v ~ . ~ ~ An91e Rd _ W ~nyle Rd - z ~ o . e Avenue R s Schuman Rd ? ~ ~ ~m ~9 n ~ ~ Sunl d Gardens c- ~ .n 1378- _a: ~Ftarida Ga er Tr2 _ _ - tl - ss ~ ~ ~~nda_!~rxk_ersrl~- eE _ ~ < oratf{pe Ave a ~ = ID Sale N0.4 yy d _ 7 N ^ ~ ~ E 1r Sate nlc. Z ~ f~D 7Ft . o a ~ ~ Picos Rtl ~ ~ ~ rn ~ _ m 770 - Kepy Rd ~ `u: ~ ~ f o _ t~ -+L ~ ~ 617 Y - ~ sos., rn Q Fto - ~ ~ eGa 152 29Edwards Rtl_ v~ i a ~ N K. 7G ~ ~ • Eft, _ Sale NO. 1 J ~ ~ 5 arrton .rdims Rtl ~ ~Mutk* Rd gF"9 b m ~ ~ ~ _ ~ ~ 126 ~ \iy, y _ h 'fZMtdwey Rd 7t~ w W ay Rd_-Its W M?dway Rd - ~ ee Chi t 08 , ~hoQee Rd - - -70 X126- - ~ - _ ~ Qa d _ z E o c _ ~1'; ~ ~ 615 ~ n. ¢ ~ ~iort~t~ ii E 673 n `c_ Q-a Luele ~1; ~iiiii a t O~ ' C N a to G~ pi _ e - _ _ _ o - Omi 1 2 3 4 5 ,:xw+C^-t a~tl :.1 ! e56-;::Ji WkrOSOft Co~DOrritn mG.c. ne. u:DL~.£a, nN n~3 (esmed ^.7y:.-ianvr_m::.-csCt.ear.~svee:s~ Carta- ma ~«w arb 'Jrettan cab ~ 20C7 t1F1'TE4. ranb rextvr.. The Gau+a areas o! Cana a ~.~vM in<crmaan bhr wig, rertnosw~ hcm Canadan autta•~es va.^.~: ~ Ht 4tars^i tM Cuee- .n R~ht e1 Cartada. F~~ O~aen's Pri-.:er fa O~tatin. hA1?c2 an: ~ARLTEC Cti E^~AFC iR ]]de+la'YS oI !~AiTEC °~^:CCT T!I! A:ias tiOrJl ArriffCa ~a IU.' ripha nsan+~ Tel! ht::s a- Teie Adas NuT luner!ca xe traiemaks o"!a Rias, nc. CANTRELL REAL ESTATE, INC. 50 ANALYSIS OF LAND SALES We have selected four sales for comparison to the subject under Development Scenario 2. The four sales are summarized as follows: Sale No. Grantee Sale Date Sale Price Acres $/Acre 1 Gator Bait Development, LLC 3/8/07 $520,000 20.00 $26,000 2 Stewart Land 4/21/06 $1,969,800 80.00 $24,623 3 Mya Corporation of Melbourne 8/15/05 $1,000,000 40.00 $25,000 4 Joseph Miller 3/23/05 $1,000,000 38.40 $26,042 The four sales range from March 2005 to March 2007 and indicate a range of value for the subject property of $24,623 to $26,042 per acre. Based on our analysis we have concluded a unit value for the subject property under Development Scenario 2 of $25,000 per acre. Therefore, the value of the subject property under Development Scenario 2 as of December, 10 2007 is as follows: $25,000 per acre x 25.997 acres = $649,925 Loss in market Value Under Development Scenario 2 . As previously described in this report, we have estimated that the value of the subject property as of December 9, 2007, assuming that the Land Development Code of St. Lucie County had not been amended by Ordinance No. 07-055 is $6,189,661. Therefore the loss in value to the subject property as a result of the effect of Ordinance No. 07-055 under Development Scenario 2 is as follows: Market Value before the effectiveness of Ordinance No. 07-055 $6,189,661 Market Value after effectiveness of Ordinance No. 07-055 under Development Scenario 2 $ 649,925 Loss in Market Value due to effectiveness of Ordinance No. 07-055 $5,539,736 CANTRELL REAL ESTATE, [NC. 51 MARKETING TIME ESTIMATE Based on our investigations, the marketing period is estimated to be twelve months at the above estimated market value conclusion. This appraisal does not imply that this value will necessarily be constant over the projected marketing period. REASONABLE EXPOSURE TIME According to Statement on Appraisal Standards No. 6 of the Uniform Standards of Professional Appraisal Practice of The Appraisal Foundation, exposure time is defined as: The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective opinion based on an analysis of past events assuming a competitive open market. Thus, a reasonable exposure time is not synonymous with a marketing time estimate, as it is assumed to have occurred prior to the date of valuation. Inherent in the market value estimate is not that it will sell within the estimated marketing time, but that it would have sold assuming prudent marketing within some reasonable exposure time prior to the valuation date. In this instance, we have concluded that the reasonable exposure time occumng prior to the date of . valuation that would have resulted in a contract of sale at the market value estimate would have been approximately twelve months. . CANTRELL REAL ESTATE, INC. ADDENDA CANTRELL REAL ESTATE, INC. PROFESSIONAL QUALIFICATIONS HEYWARD M. CANTRELL, MAI PROFESSIONAL DESIGNATIONS and MEMBERSHIPS MAI -Member, Appraisal Institute Florida Certified General Appraiser -License No. RZ 1051 Georgia State Certified General Appraiser -License No. CG 003802 Registered Real Estate Broker, State of Florida Member of the Urban Land Institute EDUCATION Graduate, University of Florida BSBA Degree -Major in Finance 1966 MBA Degree - University of Florida 1969 Appraisal Institute Courses: Course No. lA -Principals and Practices of Real Estate Course No. 2 -Urban Properties Course No. 6 -Investment Analysis Course No. 8-2 -Residential Valuation Course No. 1 B -Capitalization Theory & Techniques, Part B Standards of Professional Practice Parts A & B Course 256457 - Hotel/Motel Valuation Course IVo. 7-5-494 -Special Purpose Properties: The Challenges of Real Estate Appraising in Limited Markets Course No. 7-5-386 -Understanding Limited Appraisals and Reporting Options Course No. ACE1657 -Appraisal of Nursing Facilities Course No. ACE1934 -Florida Condemnation Valuation & Appraiser Liability Case Studies in Highest and Best Use Business Enterprise Valuation Partial Interests: Theory and Case Law Estimating Environmental Impacts on Commercial & Industrial Properties Institute of Real Estate Management: Course 301 -Management of Residential Properties Course 401 -Managing Real Estate as an Investment Course 501 -Long-Range Management Plan for Residential Properties Course 701 -Management of the Management Office University of Florida Continuing Education: Principles and Practices of Real Estate I Principles and Practices of Real Estate II Additional Courses: Advanced Management Research Seminar on Condominiums NAREIT Seminar of Managing the Property Manager NYU Seminar of "The Impact of Federal Income Taxes on Real Estate Investing" Urban Land Institute -Shopping Centers: How to Build, Buy & Redevelop Urban Land Institute -Developing Golf Courses and Golf Communities CANTRELL REAL ESTATE, INC. PROFESSIONAL QUALIFICATIONS SEAN K. MCGILL PROFESSIONAL DESIGNATIONS State Certified General Appraiser Florida License No. RZ3106 State Licensed Real Estate Salesperson Florida License No. SL3087553 EDUCATION University of Florida Bachelor of Science-Business Administration in Finance May 2004 Appraisal Institute Coursework Completed: Course 310 -Basic Income Capitalization Approach, May 2005 Course 520 -Highest & Best Use and Market Analysis, March 2006 Course 410 - 15 Hour National USPAP, October 2006 Course 530 -Advanced Sales Comparison & Cost Approaches, November 2006 Course 510 -Advanced Income Capitalization, May 2007 Course 540 -Report Writing, August 2008 Additional Related Education: Completed the 75-hour Licensed Residential Property Appraising course (AB-1) 7-Hour National USPAP Update 3-Hour Florida Appraisal Laws and Regulations Course APPRAISAL EXPERIENCE • Vacant Commercial • Vacant Industrial • Vacant Subdivision • Office • Office/Warehouse • IndustriaUWarehouse • Residential • Free-Standing CommerciaURetail CANTRELL REAL ESTATE, INC. ~ AGENDA REQUEST ITEM NO. DATE: June 2, 2009 - ~ REGULAR [XX] ~ r PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: City of Fort Pierce Resolution 09-23 Initiating Development of nn Interlocal Service Boundary Agreement with the City of Port St. Lucie pertaining to Properties North and West of Midway Road BACKGROUND: See attached memorandum FUNDS AVAILABLE:. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09- 176 and authorize the Chair to sign the Resolution. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: ~ Mana ement & Bud et Purchasin 9 9 9 Daniel 5. McIntyre Originating Dept. Public Works Dir. County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 _ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • • TO: Board of County Commissioners Faye W. Outlaw, County Administrator FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 09-0674 DATE: May 27, 2009 SUBJECT: City of Fort Pierce Resolution 09-23 Initiating Development of an Interloca) Service Boundary Agreement with the City of Port St. Lucie pertaining to Properties North and West of Midway Road BACKGROUND: Attached is a copy of nn agenda item and background material prepared by Anne Satterlee ,Communications & Marketing~Mannger for the City of Fort Pierce. The background material includes a copy of City of Fort Pierce draft Resolution 09-23. The resolution proposes to initiate the process for negotiation of an interlocal service boundary agreement with the City of Port St. Lucie. The issues identified in the draft resolution are: (1) issues concerning planning, annexation and service delivery for the area identified in the map attached to the resolution; (2) establishing Midway Road as the natural, geographical, and agreed boundary line for future annexations and utility service by either city; and (3) discuss improving coordination of transportation concurrency impacts on each jurisdiction's transportation network including collection of proportionate fair share payments. According to City Attorney Rob Schwerer, the City of Fort Pierce Commission adopted Resolution 09-23 on April 6, 2009. Mr. Schwerer also indicated that the City of Fort Pierce had not received a response yet from the City of Port St. Lucie. DISCUSSION: Under the provisions of Section 171,203(3), Florida Statutes, the County has the option of requesting to participate in the negotiations between the two cities. One of the reasons that the Board may want to consider participating is that the issue of the provision of utility services north of Midway Road has been raised as one of the three issues identified by the City of Fort Pierce. Since this is the County's utility service area, the County presumably would have an interest in making sure its rights are protected. Even if the County cannot come to nn agreement on a joint interlocal service boundary agreement, the County would have a place at the table to hear what is going on and have an opportunity to intervene if the County's interests are being impacted. Attached for Board consideration is a copy of draft Resolution No. 09-176 which, if adopted, would express the Board's desire to participate in the discussion and negotiations between the City of Fort Pierce and the City of Port St. Lucie pursuant to City of Fort Pierce Resolution No. 09-23 and other issues raised by the City of Port St. Lucie in a responding resolution. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09-176 and authorize the Chair to sign the Resolution. Res ctfully submitt f ,Fl l ; Dnni~l S. McInt e County Attorn DSM/caf Attachments RESOLUTION NO. 09-23 A RESOLUTION OE THE CITX COMMISS2ON Ok' THE CzTY OF FORT PIERCE, FLORIDA, QURSUANT TO CHAPTER 1i1, PART II, ~''LORTDA STATU'J,'ES, THE INTERLOCAL SF.RVTCE BOUNDAP.Y AGREEMENT AGT, INZTZATING THE PROCESS FOR NEGOTIATION OF AN INTERLOCAL SEIxVxCE flOLIIQDARX A(3REEI~@:N'x WITH THE CITY OF PORT s'.C', LBCIE, E'OR THE PUR~'OSE OF ADDRESSING THE ISSUES PAORE PARTICULARLY SET FORTH HEREIN. W~k~AS, • Part II, Chapter 171., Florida Statutes, entl.tled the "Interlocal Service Boundary Agreement Act" (Act) provides an alternative to Part T of said Chapter for local governments regarding the annexation of texzitory into a municipality and the subtraction of thrrxtory from the unincorporated area of the County; and REA5, the Act further intends to provide as ,its principal goal the encouragement of local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community and is further intended to encourage intergovernmental coordination and planning, service delivery and boundary adjustment9 and to reduce intergovernmental conflicts ar~d litigation between local governments; and WHEREAS, the Act is intended to prevent inefficient service delivery and an insufficient tax base to support the dell.vcry of those services; and ~5, on Febzuary 12, 2009, The Fort Pierce City Commission and the Pozt St. T,ucie City Council held a Special JCint Meeting to discuss annexation and issues of mutual concern pertaining to the area west and north of Midway Road as the understood natural. boundary between the two municipalities, said area be9.ng more pazticularly described and shown in r_he attached map as Exhibit "A"; and WHERF,A.S, the City Commission o£ the City o£ Fort Pierce in accordance with the Act, wherein said resolution proposes fo,r, discussion certain issues, the majority of which the City believes are adequately addre2sed heretofore by policies and procedures existing cr put into place by the City and with the consent and agreement of St. Lucie County and the City of Port st. Lucie, including but not limited to, an Interlocal Agreement dated E'ebruary 10, 2004, as agreed to between the EPUA, 5t. Lucie County and Fort Pierce, and the City's CompxEhensive Plan which pzovi.des fcr annexation cf pzoperties within the Fort Pierce Utilities Authority boundary in an orderly manner promoting officienoy of public service provision and economic vitality; and WHEREAS, it j.S the intent of the City Cornrnission of the City ofi Fort Pierce, Florida to initiate discussions with the City of Port St i,ucie regarding the development of an interlocal service beurdary agreement to address the above referenced Concerns. ~tesolution No. 09-79 Page 2 230A, THERE80T~tE, SE IT RE30S.VED HY THE CITX COMMISSION OF THE CITY OF FOIt'.L" PSERCE, ~'I.ORIDA: 1. The City Commission hereby adopts this initiating resolution pursuant to the Act and invites the City of Pont St. Lucie, T'lozida to commence tho negotiations process. under the Act to enter into an interlacal service boundary agreement to address zssues concerning planning, annexation and service delivery fox the area identified herein. 2. Establishing that azEa o£ Midway Road west of 25th Street as tkae natural, geogzaphical, and agreed north/sCUth boundary Ziiie foz' future annexations and .utility service by'either city. 3. Discuss improving coordination of transportation ooncurrency impacts on each jurisdictAon~s transportation network including collection of proportionate fair Share payments. 9. The City Managex or his dosignee is hereby directed to pron~,de a copy of this Resolution by United States Certified Dail to the Chief Administrative Officez o;E the City of Port St. Lucie, Florida. BE. ~T F[TRTHER ktESOI~VED, that this Resolution is and the 3amE sha7.l become ef£octive inm?ediately upon adoption. IN WIT2~SS W~3EREOF, thiq Resolution has been duly adopted this 6th .day of,Apri1, 2009. r `may ~l ` YOR COMMISSIONER ATTESx: c~if~-~ CITY CLERkC (CITY SEAL) v w. s ~ ` R's ~ CITY OF' F'ORT' PIERCE, FLORIDA - City Commission Meeting Agenda Item # r ~~T `l Commission Meeting April 6, 2009 To :The Honorable Mayor and Members oft i Co Through : David L. Recor, ICMA-CM, City Manag From Anne Satterlee, Communicatons & Marketing Manager Re Resolution 09-23 Chapter 171, Part II Interlocal Service Boundary Agreement -City of Port St. Lucie Date :March 30, 2009 ISSUE(S): Passage of Resolution 09-23, pursuant to Section 171.203(1)(b), F.S., initiating discussions regarding the development of an Interlocal service boundary agreement with the City of Part St. Lucie pertaining to properties north and west of Midway Road. SUMMARY: At the February 12, 2009 Special Joint meeting with the City of Fort Pierce Commission and Port St. Lucie City Council agreed that unincorporated properties north of Midway Road . should be in Fort Pierre's municipal boundaries. Both boards suggested staff collectively work towards an Interlocal service boundary agreement to address issues concerning planning, annexation, service delivery, etc. in this particular area. FISCAL IMPACT: Loss of municipal ad valorem tax revenue; building, permitting fees; etc. RECOMMENDATION: Adopt Resolution to create official mechanlsrns to implement the policies and regulations identified in the Comprehensive Plan, City Code and Fort Pierce Utility Service Agreement that would be beneficial to the Clty. AL' TERNATIVES: Do not adopt the resolution. RESPONSIBLE STAFF: David L. Recor, ICMA-CM, City Manager Anne Satterlee, Communications & Marketing Manager COORDINATED WITH: Robert V. Schwerer, City Attorney ATTACHMENTS: Resolution 09-23 Minutes from Special Joint Meeting February 12, 2009 City of Fort Pierce, P.O. Box 1480, Ft. Pierce, FL 34954-1480 - 772.460.2200 RESOLUTION NO. 09-23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, INITIATING THE PROCESS FOR NEGOTIATION OF AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WZTH THE CITY OF PORT ST. LUCIE, FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH HEREIN. weRR~nG, Part II, Chapter 171, Florida Statutes, entitled the "Interlocal Service Boundary Agreement Act" (Act) provides an alternative to Part I of said Chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the County; and WHEREAS, the Act further intends to provide as its principal goal the encouragement of local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community and is further intended to encourage intergovernmental coordination and planning, service delivery and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments; and WHEREAS, the Act is intended to prevent inefficient service delivery and an insufficient •tax base to support the delivery of those services; and WSI;REAS, on February 12, 2009, The Fort Pierce City Commission and the Port St. Lucie City Council held a Special Joint Meeting to discuss annexation and issues of mutual concern pertaining to the area west and north of Midway Road as the understood natural boundary between the two municipalities, said area being more particularly described and shown in the attached map as Exhibit "A"; and WB~REAS, the City Commission of the City of Fort Pierce in accordance with the Act, wherein said resolution proposes for discussion certain issues, the majority of which the City believes are adequately addressed heretofore by policies and procedures existing or put into place by the City and with the consent and agreement of St. Lucie County and the City of Port St. Lucie, including but not limited to, an Interlocal Agreement dated February 10, 2004, as agreed to between the FPUA, St. Lucie County and Fort Pierce, and the City's Comprehensive Plan which provides for annexation of properties within the Fort Pierce Utilities Authority boundary in an orderly manner promoting efficiency of public service provision and economic vitality; and WHEREAS, it is the intent of the City Commission of the City of Fort Pierce, Florida to initiate discussions with the City of Port St. Lucie regarding the development of an interlocal service boundary agreement to address the above referenced concerns. NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COM~IISSION OF TH8 CITY OF FORT PIEEtCE, FLORIDA: 1. The City Commission hereby adopts this initiating resolution pursuant to the Act and invites the City of Port St. Lucie, Florida to commence the negotiations process under the Act to enter into an interlocal service boundary agreement to address issues concerning planning, annexation and service delivery for the area identified herein. 2. Establishing Midway Road as the natural, geographical, and agreed boundary line for future annexations and utility service by either city. 3. Discuss improving coordination of transportation concurrency impacts on each jurisdiction's transportation network including collection of proportionate fair share payments. 4. The City Manager or his designee is hereby directed to provide a copy of this Resolution by United States Certified Mail to the Chief Administrative Officer of the City of Port St. Lucie, Florida. BE IT FVRTSER RESOLVED, that this Resolution is and the same shall become effective immediately upon adoption. IN WITNESS WHEREOF, this Resolution has been duly adopted this day of , 2009. MAYOR MMISSIONER ATTEST: Appr ed a to Form and Correctness; By: CITY CLERK CIT ATTO Y (CITY SEAL) d~cr~ ~c~~ a' ~ ~ ~ b~~~ Mil ~ p. ~ ~ o "G A O fl. ~ ~ ~ ~ ° b ~ C CL C ~ n ~ flq ~ "r" ~ o~ d o Q a a , d~~ r a ~ a ~ ~ c ~r~-\ O " 1~ q,. lw+r .~?'1 w . vi flCN~ i~ ~ re f y c, ,~~,.a~.e.~ MINUTES OF A SPECIAL JOINT MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE AND THE PORT ST. LUCIE CITY COUNCIL, HELD IN THE FORT PIERCE CITY HALL, 2ND FLOOR CONFERENCE ROOM, 100 NORTH U.S. $1, FORT• PIERCE, FLORIDA AT 10:40 A.M. ON FEBRUARY 12, 2009. Mayor Benton called the meeting of the Fort Pierce City Commission to order at 10:10 a.m. Mayor Christensen called the meeting of the Port St. Lucie City Council to order. Upon Roll Call, those present for the Fort Pierce City Commission were: Mayor Robert Benton; Commissioners Rufus Alexander and Christine Coke; City Manager David Recor; City Attorney Rob Schwerer; and City Clerk Cassandra Steele. Those absent: Commissioners Edward Becht and Reginald Sessions. (Commissioner Sessions arrived at the meeting at 10:40 a.m.) Upon Roll Call, those present for the Port St. Lucie City Council were: Mayor Patricia Christensen; Vice Mayor Jack Kelly; Councilwoman Linda Bartz and Councilman Christopher Cooper; City Manager Don Cooper; and City Attorney Roger Orr. Those absent: Councilwoman Michelle Berger. Fort Pierce Staff present: Jack Andrews, City Engineer, Jon Ward, FPRA Director; Anne Satterlee, Communications & Marketing Manager; Marc Meyers, Building Official; Erica Ehiy, Comprehensive Planner; Paul Williams, Urban Forester; and Bill Thiess, FPUA Director. Port St. Lucie Staff present: Assistant City Manager Greg Orabec; Assistant City Manager Gerry Bentrott; Daniel Holbrook, Planning & Zoning Director; and Jesus Merejo, Director of Utilities. The purgose of the Special Joint Meeting was Diseus~;on regard~nu • Annexation of The Provences Develonmen loca Pd i*+ *t,n *torthwest quadrant of I-95 and north of Midwav Road and Discussion on issues of mutual concern - Annexation Utilities Road e Mayor Benton said he wants to thank the Port St. Lucie City Council for coming up here and joining them today. Mayor Christensen and he have discussed for a couple of months this annexation of The Provences that is in front of the Port St. Lucie City Council and their Planning & Zoning Board. Some of them have been around a long time remember they had a Gentleman's Agreement for many years when it comes to utilities and annexations, with Midway Road being the dividing line. The City of Fort Pierce had some concerns when they saw The Provences on Port St. Lucie's agenda. This is the first chance they have had to get everybody to the table to discuss it. He thinks they are really here today to try to reaffirm this Gentleman's Agreement they have had in the past. He will open it up to everyone. But he knows that was the City of Fort Pierce's concern, that it was on their agenda, and they are very concerned about the area north of Midway Road. Mayor Christensen said she is not sure if Staff is prepared to give any presentations or anything. But she was aware of the fact that this goes back to probably the early to mid 1990's. Was there any discussion at any time of a formalized agreement to determine where the boundary lines would eventually end up? City Manager Cooper said the only discussion he ever had was with Bo Powell (former Fort Pierce City Manager) concerning the utilities at that time, not a discussion about annexations. They have the Joint Planning Agreement with St. Lucie County - which is much to do about nothing - which Port St, Lucie signed off, but the County didn't. That is really all that is out there. ~~~~9~~® TIME ~i~R ~ 0 2009 CITY OF FT. PIERCE CITY MANP.GEtZ'S OFFICE Special Joint Meeting February 12, 2QQ9 Mayor Christensen said that Joint Planning Agreement was the one several years ago that they asked them to formalize. City Manager Coope= said Port St. Lucie did and the County didn't. Mayor Benton said he knows there was some discussion years ago about the Alzheimer's facility down there when Fort Pierce Utilities Authority provided water on the south side of Midway Road. He thinks that is what brought everybody to the table. Fort Pierce has agreed since then to stay on their side. So everyone knows, the City of Fort Pierce and the City of Port St. Lucie always got along very well. It has just been many years since they have sat down at the table and discussed issues. Commissionez Coke said she was thinking this was a rather informal kind of meeting, so she is surprised to see everybody here. Part of the reason that she wanted to get together as the two bodies here and have a discussion was not only this project in pazticular. She knows that six or seven years ago when there were some concerns about Indian River Estates and all kinds of other things, there were three entities and everybody was getting pitted against each other. The ten of them sat down and they agreed what they felt • was beneficial to both the City of Fort Pierce and the City of Port St. Lucie. Having that understanding took the third party "he said, she said" kind of thing out of the mix. They did that six or seven years ago and she walked out of• that meeting faith the understanding that they had kind of agreed on Midway Road and that they would go from there. She thinks Jack Kelly and she pushed to have that meeting back then. She felt from that meeting forward there was much better communication between the two entities, and there was no middle person involved trying to let them know what was going on, they could just communicate directly with each other. So she had concerns when she saw this, because she knew when they had that meeting down•in Port St. Lucie, that they had kind of agreed that Midway Road was the line. She thought before they get their noses out of joint, they should sit down and talk to them about it. Vice Mayor Kelly said part of his concern - speaking for himself, but he knows others expressed the same feelings - the Provences Annexation is not an issue for him. It is north of Midway Road. He doesn't know how long the Gentleman's Agreement has been there, but he wouldn't want to go north of Midway Road anyway. He thinks tha issue is really a utility issue. He has heard others on his Council say the same thing. But he is speaking for himself. If he is incorrect, the others• can tell them. As far as they are concerned, here is Midway Road - north of Midway Road, Fort Pierce takes care of the utilities; south of.Midway Road, Port St. Lucie takes care of the utilities. They do everything to help each other. If they need a Bulk Water Agreement for awhile, he doesn't want to do it forever, but that is fine with him if they just cooperate. Make it a regional deal, north and south regional, 'and just cooperate. That is what he always thought it should be, and he has heard others on his Council say the same thing and he heard Fort Pierce say it. Port St. Lucie's utility is way ahead. They have arguably one of the best utilities in the State of Florida. Fort Pierce Utilities Authority could be better than Port St. Lucie's some day, they are in the electric business, they are experienced. The County doesn't really have a utility - a very small or no utility. He knows there are County Commissioners who don't want to be in the utility business and some do. But that is 2 Special Joint Meeting February 12, 2009 neither here nor there. He thinks the annexation is a non-issue. He knows it is coming before the Planning & Zoning Board and it is premature; but he has already expressed his feelings about it. Commissioner Coke asked they should yell at the developer? Vice Mayor Kelly said no, the developer is doing the best they can. It is a non issue for him. He thinks it is all about the utilities. It is pretty simple. The reason he doesn't want to do a long-term Bulk Water Agreements is, it is about the wells. Fortunately they have thought ahead, because their city is going to become 250,000 people. Those wells are going to be important because the water wars are coming. If Fort Pierce wants to go ahead and take care of the north and the County agrees, that is what they do. But they have to get their own well permits. He doesn't want to give. up those wells they have now for the future of the b~ty to be used for long-term Bulk Water Agreements. That is how he feels about it. The Provences Annexation is a non-issue for him. Mayor Christensen said she would agree that utilities obviously is the issue; but she thinks they also have to look at the impacts • that any development on the north side of Midway Road has on the total infrastructure of the City of Port St. Lucie on the south side of Midway Road. The Provences is a big development. There are going to be other developments that are going to come along in the future. Her biggest concern is whether it stays ih the County or it is in the City of Fort Pierce or even in the City of Port St. Luce, what those impacts are going to be to the already existing infrastructure, not just utilities. The developers that have annexed into the City of Port St. Lucie have obligated to pay for the road infrastructure. But now they have this development that is going to come in - what is their contribution going to be? Because they are going to have impacts. They are going to have impacts on their parka system, because this is right on their border. They are eventually going to have parks in that area and a number of other things. They are going to be right on their border. How is police protection going to serviced? So there are many issues that need to be determined, utilities being the major one. But still, any of those developments on the north side of Midway'~Road, how are they going to impact and how will they contribute toward those impacts they will have on Port St. Lucie's services? Vice Mayor Kelly said their Staff's recommendation, on Page 5 of 5 (Memorandum from Planning & Zoning dated January 7, 2009) it says: "Objective 9.1.2 of the Capital Improvements Element requires new development to bear 100 percent of the costs of facility improvements necessitated by the development. Until the departments responsible for maintaining level of service requirements have completed their review and made recommendations as to the conditions that should be included in the annexation agreement, the Planning and Zoning Department staff finds it premature to support this proposal." But they have to pay 100%. Mayor Christensen said but that would be if they annex into the City of Port St. Lucie, If they develop in the County or they develop in the City of Fort Pierce, Port St, Lucie doesn't have those assurances, and that is whew her concerns come in. Vice Mayor Kelly said he is sure the Capital Improvements Element requires 200. 3 Special Joint Meeting February 12, 2009 Mayor Banton said Fort Pierce would want to do the same, as they do now with annexations and stuff that affects the County, they bring them to the first meetings when the developer comes in because they want to work along with the County. In this case it would be Port St. Lucie. They would want Port St. Lucie to sign off on the site plans, etc. before it even hits their Planning Board. They want to agree to these things. It is like the utilities, they don't have the ability to spend the capital to put the infrastructure in place for this, the developer would be required to pay for that. Vice Mayor Kelly said he is taking it for granted that all the impacts to the cities would be... The thing is, if they are going to annex it, it has got to have future advantages and benefits, on don't annex it. He is just not worried because it is a utility issue. If anybody wants to annex into their city, most of the time they want to annex because of the utilities and they come right out and say it. That is his feeding, it is a utility issue, not an annexation issue. Mayor Benton said he asked Bill Thiess (Fort Pierce Utilities Authority Director) to be here today because he knows FPUA would not have the ability right now to furnish utilities. It would be something that he is sure they could work out with Port St. Lucie to furnish utilities, as they did with Tropicana, he thinks they were already there taking care of them. So that would not be an issue with Fort Pierce because they don't have the ability. Commissioner Coke said her concern certainly was the fact that Fort Pierce needs to have a future. And if they all agree that Midway Road is the future, then she is a very happy person. She didn't really want to sit here with however many of them showed up today and try to nitpick about utility agreements, how long, bulk water,' and all those other things. Her theory would be that if they can all. agree on that, then they can charge Staff and the Utilities Authority that this is what they want done, this is what needs to be done, and this is the time frame that it needs to be done in, so that Port St. Lucie feels comfortable and the City of Fort Pierce feels comfortable in order to enable them to expand to their full potential also. They don't want to do anything that is going to burden Port St. Lucie. Mayor Christensen said she would suggest that their Staffs get together and work out an Interlocal Agreement that they can bring to both Boards to address these issues to both cities satisfaction. Again, that is providing that the Provences is in Fort Pierce. Right now it is in the County. She is not sure what the process would be for it to become part of the City of Fort Pierce. They applied for annexation with the City of Port St: Lucie. They have to get through that process and then they will have to make a decision based on whatever the final decision is by the City and move forward. But she does agree there needs to be an Interlocal Agreement or a Joint Planning Agreement. She truly wishes the County had approved the Joint Planning Agreement that the County had asked for and they discussed many times. Commissioner Coke said she doesn't think it would have helped, because Fort Pierce entered into one with the County and they haven't gotten any feedback on anything. Every time the City sends feedback to the County on something, it is completely disregarded anyway. The fact that Fort Pierce signed on the dotted line and the County signed on the dotted line, it hasn't been of any benefit • 4 Special Joint Meeting February 12, 2009 really to either staff or more importantly the citizens that are affected by the developments that go into both areas. Mayor Christensen said it is just the fact that the County Commissioners felt it was imperative that they have this; and when they finally come to an agreement, the County won't sign it. Vice Mayor Kelly said the Midway Road demarcation idea, he wasn't the first one to say it, Councilman Cooper has been saying that for three or four years. He doesn't know how he still feels about that, but he said that a long time ago. It is not his idea, it was Councilman Cooper's. He just bought into it. Does he still feel that way? Councilman Cooper -said he is not sure if he does or doesn't feel that way right now either. Everything changes. His concern is, he doesn't know if Port St. Lucie has the ability to service them and he doesn't know if Fort Pierce has the ability to service them. To him, it !s more than the utilities. Somebody is going to have to provide police, parks and recreation. Fort Pierce doesn't have a Parka & Recreation department; so if the County ends up doing it, then that is Port St. Lucie, they are the ones contributing the majority of the money to the Covnty. So now he is kind of back on the fence, because it seems to him that somehow at some future point Port St. Lucie is going to be servicing part of this anyhow. They had the same problem down on St. James. The majority of the people using those parks there come from Fort Pierce, but Port St. Lucie paid for those parks. He is just throwing this out there. Does Fort Pierce have the ability to service that for other needs? It is not just a utilities issue to him. And who are they to tell the developer•which city this is going to be a part of? It seems to him that is where they are at right now. They are going to annex into one or the other, and one or the other is going to take them, and that is a whole new problem. He agrees that splitting the County down the middle at that point just kind of opens up a whole new ball game for him. Commissioner Coke said just for information, they are in the process right... The County, not by request, just decided to give Fozt Pierce all of their parks within the City. The County with no notification gave them the St. Lucie County CommunityCentex, which is now the City of Fort Pierce Community Center. Thank goodness Mr. Recor and Staff jumped up and they have already begun the preliminary groundwork for establishing a Recreation Department that will be operating through there. It has been his goal for seven years to have the City be in charge of their own recreation facilities. Commissioner Alexander had joined her and now Commissioner Sessions is right on board with that theory also. They are going to have to take baby steps, no doubt about it; but they will be moving forward to handle .the recreation needs. As part of that they are renegotiating the Parks MSTU. Port St. Lucie got that $29 million direct allocation from that and Fort Pierce got zero because the County was then taking care of their parks and the capital improvement that went with it. Vice Mayor Kelly asked what $29 million? Commissioner Coke said that was a direct allocation over the life of the bond the County gave Port 5t. Lucie. Mayor Christensen said not quite that much. 5 Special Joint Meeting February 12, 2009 Commissioner Coke said that is the paperwork the County presented when they put the MSTU to a vote. Mayor Christensen said keep in mind that the County keeps playing with the millage on this, so the amount fluctuates. Commissioner Coke said but Fort Pierce got zero. The point she was trying to make was that the City of Fort Pierce got zero. However, in December 2008 they put the County on notice that they would either be withdrawing from that or they could renegotiate it with them, so Fort Pierce gets a fair percentage which would enable them to build mare parks and make capital improvements' in the existing parks. Councilman Cooper said he has asked for Port St. Lucie ~to get out of that too or to renegotiate that, because he is not happy with the way that fs being doled out either. Mayor Benton said~Port St. Lucie stepped up and took the lead and created impact fees and took that fight on with the County. Fort Pierce has followed, so their impact fees are slowly coming into effect. They are not putting it at 100 because of the economy. But as development does occur in these areas, at least the capital needed for items such as police substations is available, which they didn't have before. He wants to thank Port St. Lucie for taking that step with the County, because Fort Pierce isn't getting their fair share either. Councilman Cooper asked have they gotten to the point with this, , like they have with the southwest annexations, where they stepped up to designate future fire station sites and school sites? Oz are they premature on that? Mayor Benton said that is premature. Wouldn't that happen through the DRY (Development of Regional Impact) process? Councilman Cooper said that is still another concern. Mayor Christensen said she thinks they have actually already done that; because she knows when it went before Treasure Coast Regional Planning Council, it was already done. She knows there was some discussion in regards to the school site and where the school site was located. She is sure the fire station has been addressed too. Councilman Cooper said he has seen the residential and the commercial in the paperwork, but he didn't see... Mayor Christensen said it may be that they only have to contribute dollars toward the fire district rather than designate a fire station site. She can't recall. It has been some time since she saw it at~the Treasure Coast Regional Planning Council. There is parks and open space. Everything is there, laid out. Vice Mayor Kelly said he wants to comment on something Councilman Cooper said. He is right, it is not just a utility issue. But predominantly, it is a utility issue. No matter what happens, this will impact Port St. Lucie because it is on their border. Maybe they will use their parks and roads and things.' But he rants to remind them, Port St. Lucie residents also use Fort Pierce's Beaches, their boat ramps, and the Sunrise Theatre. He eats at a lot of the restaurants up here. They are neighbors, so they are going to overlap in things. 6 Special Joint Meeting February 12, 2009 Mayor Christensen said but they pay County taxes for those services. Vice Mayor Kelly said he knows they do. And they come up and use them. But they ride on their roads tq use them. Mayor Christensen said but these residents in the City of Fort Pierce would not be paying taxes to use the facilities in Port St. Lucie. She is not disagreeing with him. What she is saying is, there has got to be an agreement. Mayor Benton mentioned that they would be happy to sit down and come to an agreement with Port St. Lucie to address those impacts they are going to have. The developer would have to contribute monetarally towards the impacts they are going to have. Why should the Port St. Lucie developments on the south side of Midway Road pay for all of that infrastructure, when the developments on the north side of Midway Road are going to benefit from that infrastructure? She is not talking just about utilities. She is talking about roads, she is talking about future roads that will be built at some tfine by those future developments. Commissioner Coke asked couldn't they have a fair share contribution system they would work out? Mayor Christensen said that is what she is saying. Vice Mayor Kelly said the DRI process takes care of all that. Mayor Christensen said right now she is not sure of how much they understand what the City of Port St. Lucie has done. But with all of the developers and the land owners on the south side of Midway Road within their utility service boundaries, they have laid out a road network. Right now those roads don't exist. But before any more development took place, they wanted to ensure there was going to be a road grid to move the traffic internally, but also to get it to the main arteries. Those developers at this point have agreed to pay for that infrastructure. Commissioner Coke said Fort Pierce does that as a condition of approval. Mayor Christensen said but what she is trying to say is, the developments on the north side are going to cross Midway Road and use all o£ those roads. Her concern is that there should be a fair " share equity in the fact that the northern development will impact the southern traffic network that has been put in place. They want guarantees that there is going to be some fair share equity. Commissioner Coke asked isn't that kind of like when they have somebody who wants to build in Fozt Pierce, the County might say there is going to be an impact on a road that five or six miles away and charge them a fair share contribution toward that road? That is the same kind of thing they are talking about. Mayor Christensen said she does not know if they have ever had to deal with that. Have they? City Manager Cooper said they do it internally. Mayor Christensen said they do it internally, but they have never had any relationship with the County on anything like that. 7 Special Joint Meeting February 12, 2009 Mayor Benton said Fort Pierce has. They approved a development maybe a quarter of a mile north of Midway Road where the County told the developer they would have to put $1 million up towards improvements to Midway Road. He thinks this discussion will bring them even more into when and how and doing their fair share toward Midway Road, because he thinks they have been sort of out of the picture on that. He knows that has been a big concern for several years with the County and with Port St. Lucie. Fort Pierce has just been reaching out and annexing into the White City area, so he thinks they are at the table now. Commissioner Alexander said they are sister cities, they are in the same County. For them to be discussing this one protect, they should be discussing their entire east to west on that corridor. His concern is with the economy today, what is the surety that they are going to have this even come to fruition? The discussion they are having now is great and it should continue on for the future. This•one project is the tip of the iceberg. It should be a collaborative effort from both Cities and the County, that is the way he looks at it. How many homes are they speaking of - 4,900? He doesn't see that. That is just his vision of what is going on here. This is something that is going to come in and put a wedge between the two cities? He doesn't see it, because it is going to be development one day anyway. So it should not be a wedge, it should be a collaborative effort to go forth on this. Councilman Cooper said he is looking at the backup and it says 4,943 homes. Mayor Christensen said that is a combination of single and multi- family. Mr. Dennis Murphy, Culpepper & Terpening Inc., said that is the old number. The new number is 3,500 residential. Commissioner Alexander asked when does he see that becoming actuality? Mr. Murphy said residentially, not for a number of years. Non- residential, they are actively marketing it. Commissioner Alexander said again he is just putting emphasis on Port St. Lucie and Fort Pierce, they should be sharing facilities. He welcomes Port St. Lucie residents to come up here and look at the string of pearls Fort Pierce has, and everything is in place already. (Commissioner Sessions arrived at the meeting at 10:40 a.m.} Mayor Christensen said don't get her wrong, she is not saying she doesn't want Fort Pierce residents to use their facilities. She is looking at the impacts for future development. She doesn't want her residents paying for infrastructure that is going to be used by Fort Pierce and the County. And she doesn't think Fort Pierce would want Port St. Lucie residents using their infrastructure without them contributing to it. Commissioner Coke said they are always going to overlap though. Commissioner Alexander said he is just again saying they welcome Port St. Lucie residents. Whether it is Fort Pierce or whether it is Port St. Lucie, they are all St. Lucie County residents. 8 Special Joint Meeting February 12, 2009 Everyone pays taxes in St. Lucie County regardless. But this demarcation here on Midway Road should be null and void between the cities because there should be an overlap to make some type of cohesiveness there. Mayor Benton said the presentation being made in the last few months at the Tourist Development Council with the Bahamas, the approach is that they are St. Lucie County. Port St. Lucie and Fort Pierce make up the majority of the County. To sell themselves, Port St. Lucie has golf courses and Fort Pierce has the beaches. But they both have what people want and it is just working together to provide it. Councilwoman Bartz said Commissioner Alexander brings some valuable comments to the table. The fact is, they are touching the tip of the iceberg by looking at one development. There is a demarcation line. And she thinks they need to start working now on what their needs• are and future planning, as they impost each other. Right, they are all one County - residents of Fort Pierce and Port St. Lucie and the County. But they need to start working together now becauae of the impact on all of those residents. She does agree that what they are talking about now is just the tip. They really need to start talking about the future and what is going to happen, becauae there is a lot of land on Midway Road. There is a lot of development that will be going on long after their times. 5o if they can place some of those plans and those agreements together now for future development, she thinks they are ahead of the game. Mayor Benton said especially now, while they have a lull in the economy and the push. it was only a couple of years ago when they had so much on their plates. So now is a perfect time. He thinks amending their Comprehensive Plans, they are looking after each other. City Manager Recor said he thinks a good way to characterize the discussion they are having today is, this is nothing more than growing pains. For the longest time the City's annexation strategy • has been fairly compact. But in the last year since they have aggressively stepped up their annexations, they have started to stretch out their arms a bit and now they are touching on areas that they traditionally have not. He thinks it is good to hear that there is a general consensus for Midway Road being the boundary. He thinks both City Attorneys would agree that the Florida annexation laws encourage boundaries along major geographical boundaries - roads, rivers, water bodies, and what not - and that seems to be a logical transition. They have demonstrated through Interlocal Agreement and Joint Planning Agreement with the County where developments have impact on each other's service area, particularly in transportation and concurrency management, the willingness and reciprocation of a fair share contribution for roads. He is hearing the same thing today. It is these growing p~ina that are necessitating these discussions. He thinks that is what they should be focusing on as they move forward, because the issue is much larger than just this one development. Fort Pierce is currently annexing in the area. They are but a stone's throw away from being contiguous with Provences as they speak. They have an Annexation Agreement with Wal-Mart, a deferred property tax schedule that goes into effect in 2014. The St. Lucie County Landfill property is eligible for annexation in February of this year. So they eventually will be contiguous with Provences. But he thinks the issue is, as Councilwoman Bartz pointed out, a larger issue than just this one project. s Special Jofnt Meeting February 12, 2009 Vice Mayor Kelly said what they have here now, the Provences, there is really nothing to discuss and he thinks it is out of oxder. They are going to have it on their Agenda next week; so after that, they will know whether Port St. Lucie plans to annex it or not. Do they know what the status of that...? They had a letter two months ago from their City Manager who recommended against the annexation, pretty stxongly. It is a bigger issue, everybody knows that. They are pretty experienced on these annexations. Port St. Lucie annexed 15 square miles en the Martin County line. They got upset and they voiced the same concerns that the Mayor just did. And they were straightened out in the DRI process. 8e has no doubt they will be straightened out even better and address their concerns because Fort Pierce is to their neighbor. So any concerns they have, they will straighten out the same way at the table, the DRI process. He thinks the Mayor already hit the nail on the head, she already asked that Staffs get together and work out something on the demarcation of Midway Road. And if they need a consensus on that... He thinks that is the issue. He is all for that, if that is what they want the Staffs to do. That will start to address the impact it is going to have on Midway Road. The utility issue has to get resolved before they can move forward with anything else. He thinks that is a big thing. The County is going to have to be involved, because they do have a utility. Most of it is north of Midway Road, right? That is the issue. If they need a consensus, he thinks their Staff's should get together, let's see what happens next week with the Provences, and then move forward with all the other annexations. It will all be straightened out by the DRI process. They are very familiar with the DRI process. Mayor Benton said that is why both Mayors decided to call everybody to the table. They felt this could be handled by Staff; but Staff decided they wanted to hear from all of the elected officials, so that is why they are all here. Send both Staffs to the table to bring something back to them that they all can agree on and get _ • moving in the right direction. Vice Mayor Itelly said political will turns tha wheels. Councilman Cooper said they are fortunate enough in the County that they only have two cities, unlike others to the south of them that have 20-plus municipalities. He thinks at some point the County will be divided and Fort Pierce and Port St. Lucie will take over and the County will be pretty much put out of business except for government items they have to take care of like the jail and courthouse and things like that. That is a good thing though, because it gets rid of duplication of services. He forgets the numbers, but Jesus Merejo says Port St. Lucie produces more water in an hour than the County does in a week or something like that. It is almost ridiculous for the County to be in some of these businesses. It is good that Fort Pierce is working towards taking over their parks system, because there should only be two parks systems - Port. St. Lucie and Fort Pierce. So it is good to have conversation, trying to.work things back and forth. Midway Road has been what they have unofficially agreed on to be the dividing line and he is still good with that. Ae has said from day one that Fort Pierce should be north of Midway Road and Port St. Lucie should be south of Midway Road. Staffs should go back and do what they need to do to make it happen. At some point if they can make it official, then the developers will know; and they won't need to come to Port St. Lucie if they are north of Midway Road. 10 Special Joint Meeting February 12, 2009 Mayor Christensen asked is there consensus on the Port St. Lucie City Council that they have Staff work with the City of Fort Pierce? (The Council agreed.) Mayor Benton asked does Fort Pierce feel the same? (The Commissioners agreed.) Councilman Cooper said everybody says they want all of these developments to stop. There probably is a different way to do it. But if it comes into the City of Port St. Lucie, it will happen. If it goes to Fort Pierce, it will happen. If it stays in the County, it is going to happen. As much as they claim they are anti-growth and they don't want things to happen, from what he sees it is not okay for it to happen in their cities; but when they stay in the County, they allow it to happen. So they are not walking ' the walk, because if they were against it, then they would toe the line. But as long as they are getting a piece of the pie, it doesn't seem to matter. Commissioner Coke said she has always been a firm believer that if an area reaches a certain population density, it should become part of one of the two cities that are in the County. She really in her heart believes that benefits the County. The County should never be considering a development of this type, it is diametrically opposed to the definition of County. A development like this is in a city. Big housing developments with all that density should be in a city. If any development of this size or with a certain density level were part of either City, it would free up County Staff and County time and County money most importantly from planning and reviewing all these things that really shouldn't be in the County: Give the City the responsibility of what is going to be in their City eventually anyway. That gives the County the ' money and the time to concentrate on the areas that are defined typically as County government ouch as the Sheriff's Department, the County roads, and the Court system. Mayor Henton asked do they have anything else they would like to bring to the table while they are here? Mayor Christensen asked do they want to touch on the utilities? Mayor Benton said he is the only Commissioner who sits on the Fort Pierce Utilities Authority Board, whereas the Port St. Lucie Council is their Utilities Board, So he thinks that is something their utility staffs could work out and come back to them. • Mayor Christensen asked does Staff have anything else? Mayor Benton asked does Staff have anything they would like to add? They haven't heard anything from the City Attorneys, but he thinks they know each other well and get along. He thanks everyone who showed up today. There being no further business, Mayor Benton declared the meeting of the Fort Pierce City Commission adjourned at 10:55 a.m. Adjournment. ATTEST: CITY CLERK MAYOR COMMISSIONER 11 RESOLUTION NO. 09-176 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, RESPONDING TO AN INITIATING RESOLUTION OF THE CITY OF FORT PIERCE AND SETTING OUT IN ACCORDANCE WITH SECTION 171.203(6), FLORIDA STATUTES, CERTAIN ISSUES FOR NEGOTIATION AND DISCUSSION WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "Interlocnl Service Boundary Agreement Act" ("Act") provides an alternative to Part I of said chapter for local governments regarding the annexation of unincorporated territory into municipalities and the provisions of services related to such annexed territory; and WHEREAS, the St. Lucie County Board of County Commissioners ("Board") has been provided notice of the adoption by the City of Fort Pierce, Florida, City Commission ("FP) of Resolution No. 09-23, adopting an initiating resolution pursuant to the Act, and inviting the City of Port St. Lucie ("PSL") to commence the negotiations process under the Act to enter into an interlocal service boundary agreement to address issues concerning planning, annexation and service delivery for the area identified in the resolution; and WHEREAS, one of the issues that is proposed to be discussed is the provision of water and wastewater utilities north of Midway Road outside the Fort Pierce Utilities Authority ("FPUA") retail service area which area is in the County's retail utility service area; and WHEREAS, it is the intent of the Board to respond to FP's initiating resolution to provide the Board the opportunity to participate in the discussions between FP and PSL and the negotiation process under the Act to discuss issues that may affect the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. The Board hereby adopts this responding resolution pursuant to the Act, and invites FP and PSL, by reply, to commence discussions and negotiations pursuant to the Act so as to enter into an Interlocnl Service Boundary Agreement addressing the area and the issues set forth in FP Resolution No. 09-23, and other issues raised by PSL in a responding resolution, if any. f~ B. The Board directs the County Administrator or her designee to provide a copy of this Resolution by United States Certified Mail to the City Manager of the City of Fort Pierce and the City Manager of the City of Port St. Lucie, as the Chief Administrative Officers of those respective cities. C, This resolution shall be effective on the date of its adoption. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Y AGENDA REQUEST ITEM NO. - . - - DATE: June 2, 2009 - ~ ~ REGULAR [XXJ UNAGENDAED PUBLIC HEARING CONSENT TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: St. Lucie County v. T&T Land -Settlement Offer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: The County Attorney recommends that the Board make a counteroffer where the parties would stipulate to nn order of taking with n floor of $1,670,000 (the owner's purchase price) established for the ultimate compensation. The County's special counsel concurs with this recommendation. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED J OTHER: ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator i Review and Approvals County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • • TO: Board of County Commissioners FROM: Daniel 5, McIntyre, County Attorney C.A. NO.: 09-0700 DATE: June 2, 2009 SUBJECT: St. Lucie County v. T&T Land -Settlement Offer BACKGROUND: On October 28, 2008, the Board adopted Resolution No, 08-314 authorizing the acquisition of a parcel owned by T&T Land, Ltd. by donation, purchase or eminent domain. Attached to this memorandum is a map outlining the boundaries of the St. Lucie County International Airport, The property owned by T&T is outlined in yellow. The property is needed to clear the line of sight to the Air Traffic Control Tower, for providing additional security and for enhancing airport safety, In addition to adopting Resolution No. 08-314, the Board also authorized staff to make an initial offer of $1,369,750 based on the 2008 Assessed Value by the St. Lucie County Property Appraiser. In determining the initial offer, the Board was presented with the following information: Amount 1. Fair Market Value based on an appraisal dated August 27, 2008 by Harry Gray, MAI $1,200,000 2, Fair Market Value based on an appraisal dated August 27, 2008 by Daniel Fuller, MAI $1,275,000 3. 2008 Assessed Value by St. Lucie County Property Appraiser $1,369,750 4. Purchase Price paid by T&T on March 23, 2005 $1,670,000 The property owner did not accept the County's offer and the County was forced to file suit in eminent domain, The County requested the Court to allow the County to obtain possession of the property immediately by issuing an Order of Taking. The Court has held two hearings on the County's request for nn Order of Taking and a third hearing is scheduled for later this week. SETTLEMENT OFFER Attached to this memorandum is a copy of an email dated May 28, 2009, from William P. Roney, Esq. outlining a settlement offer from the property owner. Based on the Airport's need for the property and the value information set out above, staff does not recommend that the Board accept any of the three settlement options outlined in this email. As indicated previously, the County is attempting to convince the Court to issue an Order of Taking. Given the current uncertain status of the case, the Board may want to consider making a counteroffer of settlement. If the Board determines to make a counteroffer, Staff recommends that the Board use a modified version of the third settlement option using a floor of $1,670,000 which is the purchase price paid by the property owner in March 2005. According to Daniel D. Fuller, MAI, the appraiser the County is using at the Order of Taking hearing, the value of $1,670,000 is within the upper range of value in his appraisal. According to the Airport Director, the County has sufficient funds to pay the increased amount. DISCUSSION: In any decision of whether to accept or make a settlement offer, it is appropriate to consider a "best case-worst case" scenario. In the best case scenario, the Court would enter. an Order of Taking in favor of the County and the County would acquire fee simple title by depositing the good faith estimate of value ($1,275,000) in the Court registry. The final value would be determined later by a jury unless the parties reached a settlement on value. In the worst case scenario, the Court would deny the Order of Taking. The County could appeal a denial but resolution of the appeal would take months with no guarantee of success, A possible modification to the worst case scenario would be for the Court to grant the County a lesser interest (e.g., easement) over some or all of the property than the interest (i.e., fee simple) that the County is requesting. In this event, the County would have to start the process all over again which would create further delays. It is difficult to predict what the Court will do. On the one hand, the burden of proof requirements in the case are favorable. The County is required to prove that the proposed taking is necessary for a pro ject that is for a public purpose. Once the County meets its burden, the burden then shifts to the owner to prove bad faith or abuse of discretion. On the other hand, if the Court is not convinced that the County has met its burden, overturning the Court's decision will be difficult and time consuming. The advantage of settlement is certainty. The owners would stipulate to the entry of an Order of Taking and the County would immediately acquire the property. The disadvantage of settlement is that it is possible the County could be paying more than what a jury thinks the property is worth. If this case goes to trial, it is likely that the owners will present a value of well over $2,000,000 to the jury. Based on experience, it is more likely than not that a jury wi I I determine a value somewhere between the County's proposed value and the owner's proposed value. Another factor to consider is that the owner's attorneys' fees are based in part on any increase the owner receives over the County's initial offer ($1,369,750.00). RECOMMENDATION/CONCLUSION Based on the above, the County Attorney recommends that the Board make a counteroffer where the parties would stipulate to an order of taking with a floor of $1,670,000 (the owner's purchase price) established for the ultimate compensation. The County's special counsel concurs with this recommendation. Respec Ily submitted, ~J ~ ( c~~ Daniel 5. McIntyre ~ County Attorney DSM/caf Attachment ~ ~ - - ~:i ~3~ S a :ifl~g~~.:..~y7 Q 3 l J ~ ~ Go C 'O ~~$'g Rag~s3 a~`.~zr ~ ~ 4' ~ ~ 1 33~R:g 3~$g Q O 0 E ~YSa=S ~'ec C ~ aR~9 _ r ~ ~ '+Y Nr~~z Q Q ~ zs~.~` ` e rn Taylor=Dairy=Rd ~ _ f I E ~ t - i ~C ~ ~ ~~~I ~ ~ A. 0 ~ a - ~ ° ~ - _:~r _ F f ~ ~ .f ~ i t - ~ ~ i $ f - E~~ _ G_ . _ ~ ~ _ _ W~ NS~~ ~ ET~~~~~~=~- _ ~ 25th"=S.t - - ~t_'~ ~ 4 E_= - r 7Q~ f 1 _r__~ - 9 - _ - ~ - l ~ Jr _ vz ~ ~ - ~ m Daniel McIntyre From: vance doney [vancedoneypa@yahoo.com] Sent: Thursday, May 28, 2009 1:14 PM To: Daniel McIntyre Cc: Diana Lewis Subject: St. Lucie County v T & T Land Dan, Brad Gould conveyed to me the following alternate settlement proposals: 1. Some agreement whereby T & T would keep development rights to the property, ie, lease-back or some other arrangement. A lot of details would need worked out. 2. $3,000,000.00 in full and final settlement. 3. Owner to agree to the Order of Taking with a $2,000,000.00 floor established for the ultimate compensation. Your thoughts? William P. Doney, Esq. Vance, Doney & MacGibbon, P.A. 1665 Palm Beach Lakes Boulevard The Forum, Suite 610 West Palm Beach, FL 33401 561-684-5544 561-684-0833 (fax) The information contained in this a-mail message is intended only for the personal and confidential use of the recipient(s) named above. T1~is message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. i