the planning and zoning commission shall …donna a. keys-district 1 jens tripson-district 3 gregory...

PLANNING AND ZONING COMMISSION (P&Z)

Donna A. Keys-District 1 Jens Tripson-District 3 Gregory W. Smith-District 4 Pilar E. Turner-District 5 David L. Cox-Member at Large Sam Zimmerman-District 2

Carol Johnson - Non-voting liaison School Board

George Hamner, Jr., Chairman

The Planning and Zoning Commission will meet at 7:00 p.m. ON THURSDAY, April 23, 2009, in the County Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach.

THE PLANNING AND ZONING COMMISSION SHALL ADJOURN NO LATER THAN 11 :00 P.M. UNLESS THE MEETING IS EXTENDED OR CONTINUED TO A TIME CERTAIN BY A COMMISSION VOTE.

ITEM #1

ITEM#2

ITEM#3

AGENDA

CALL TO ORDER AND PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

A. April 9, 2009

ITEMS NOT ON CONSENT

A. Ridan Tower FL-1260: Request for administrative permit use approval to construct a stealth wireless communications tower. Steven Cartwright, Owner. Ridan Industries, Inc., Agent. Located approximately 1,200' east of 27th Avenue SW, just west and south of undeveloped portions of the Falcon Trace PD and just north of the St. Lucie County line. Zoning Classification: A-1, Agricultural 1 (1 unit per 5 acres). Land Use Designation: L-2, Low Density Residential (up to 6 units/acre). (SP-MI-08-10-41/2006050306-62312) [Quasi-Judicial)

B. Harbor Point: Request for major site plan and preliminary plat approval to construct a 67,310 square foot shopping center to be known as Harbor Point. North American Properties S. E., Inc., Owner. Carter Associates, Inc., Agent. Located at the southeast comer of US Highway I and 53'd Street. Zoning Classifications: CG, General

F:\Community Dcvclopment\Users\CurDev\P&Z\Agenda & Lists 2009\4-2).09 Agenda.rt[

ITEM#4

ITEM#5

ITEM#6

ITEM#?

ITEM#8

Commercial and RM-6, Residential Multi-Family (up to 6 units/acre). Land Use Designations: C/I, Commercial/Industrial and M-1, Medium Density Residential (up to 8 units/acre). (SP-MA-07-08-17 /SD-07-08-08/2004040368-58924) [Quasi-Judicial]

PUBLIC HEARINGS

A. Consideration of Proposed Amendments to Regulations for Changeable Copy and Electronic Message Signs within Special Corridors: Land Development Regulations Chapter 911 [Legislative]

B. Consideration of Proposed Amendments Providing for Temporary Suspension of Compliance with Regulations Not Directly Related to Public Safety: Land Development Regulations Chapter 902 [Legislative]

COMMISSIONERS MATTERS

PLANNING MATTERS

A. Planning Information Package

B. Tum Lane Discussion

ATTORNEY'S MATTERS

ADJOURNMENT

ANYONE WHO MAY WISH TO APPEAL ANY DECISION, WHICH MAY BE MADE AT THIS MEETING, WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE ON WHICH THE APPEAL IS BASED.

ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772-226-1223, (TDD #772-770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.

Meeting may be broadcast live on Comcast Cable Channel 27 - may be rebroadcast continuously Saturday 7:00 p.m. until Sunday morning 7:00 a.m. Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian.

F:\Community Dcvclopmcnl\Users\CurDev\P&Z\Agenda & Lists 200914-23-09 Agenda.rtf ')

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, April 9, 2009 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 2?1h Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on Indian River County website www.ircgov.com/Boards/PZC/2009.

Present were members: Chairman George Hamner, Member-atLarge; Donna Keys, District 1 Appointee; Jens Tripson, District 3 Appointee; Greg Smith, District 4 Appointee; Pilar Turner, District 5 Appointee; Dr. David Cox, Member-at-Large and Carol Johnson, nonvoting School Board Liaison.

Absent was Sam Zimmerman, District 2 Appointee (excused).

Also present was IRC staff: George Glenn, Assistant County Attorney; Bob Keating, Community Development Director; Stan Boling, Planning Director; Steven Deardeuff, Senior Planner; and Reta Smith, Recording Secretary.

Call to Order and Pledge of Allegiance (6:20:36)

Chairman Hamner called the meeting to order and led all in the Pledge of Allegiance.

Approval of Minutes (6:21:10)

ON MOTION BY Mr. Smith, SECONDED BY Mr. Tripson, the members voted unanimously (6-0) to approve the minutes of the meeting of March 26, 2009, as presented.

Public Hearing (6:21 :36)

Chairman Hamner read the following into the record:

A. County Initiated Request to Redesignate Two Conservation Properties:

PZC/Unapproved 1 April 9, 2009 F:/BCC/AII Committees/PZC/2009Agendas&Minutes/PZC040909.doc

Property #1: Redesignate _:!:16.22 Acres From L-1, LowDensity Residenti-1 (up to 3 units/acre), to C-1, Conservation-1 District (zero density), and Rezone those _:!:16.22 Acres From A-1, Agricultural-1 District (up to 1 uniU5 acres), to Con-1, Conservation-1 District (zero density). Subject property is known as Jones's Pier and is located on South Jungle Trail. [LUDA 94030151-63521] [Legislative]

Property #2: Redesignate _:!:47.25 Acres From C-2/C-3, Conservation-2 and Conservation-3 Districts (1 uniU40 acres and 1 uniU2.5 acres), to C-1, Conservation-1 District (zero density), and Rezone those _:!:47.25 Acres From A-1, Agricultural-1 District (up to 1 uniU5acres), and Con-2, Conservation-2 District (up to 1 uniU40 acres), to Con-1, Conservation-1 District (zero density). Subject property is located along the St. Sebastian River approximately one mile north of CR512; previously known as the Russell Grove River Buffer, now known as the Cypress Bend Community Preserve. [LUDA 2003120258-63522] [Legislative]

Mr. Steven Deardeuff, IRC Senior Planner (6:22:08), reviewed the information contained in his memorandum dated March 12, 2009, a copy of which is on file in the Commission Office.

Ms. Turner (6:27:01) noted there was a statement in the backup "except for minor facilities associated with passive recreation activities", and asked what types of things would be included. Mr. Bob Keating, IRC Community Development Director, explained it could be minor parking areas, kiosks or other limited structures related to public access to the conservation areas. He related staff was working to open up the Cypress Bend property to include a canoe launch.

Dr. Cox (6:29:36) observed the Saint Sebastian River ran through the area but was not part of the Cypress Bend property, and wondered if this action would have any effect on the river. Mr. Tripson advised the IRC Conservation Lands Advisory Committee was trying to devise the most economical way to remove the old citrus trees without disturbing the terrain.

Chairman Hamner opened the public hearing at 7:10 p.m. and since no one wished to speak, the public hearing was closed.


6:32:11 ON MOTION BY Dr. Cox, SECONDED BY Mr. Tripson, the members voted unanimously (6-0) to approve staff's recommendation.

Commissioners Matters (6:32:28)

None.

Planning Matters (6:32:33)

Mr. Stan Boling, IRC Planning Director, advised at the next P&Z meeting the members would be looking at two Land Development Regulation amendments along with two of three current development projects, and Mr. Chris Mora, IRC Assistant Public Works Director, was scheduled to give a presentation. He related the revised application for the Wild Turkey mining project had been submitted yesterday and it was scheduled for a Technical Review Committee meeting on April 22, 2009.

Discussion followed.

Attorney's Matters (6:36:02)

None.

There being no further business, the meeting was adjourned at 7:15 p.m.

George Hamner, Chairman Date

Reta Smith, Recording Secretary Date


INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

ADMINISTRATIVE PERMIT USE (QUASI-JUDICIAL)

TO: The Honorable Members of the Planning and Zoning Commission

THROUGH:

FROM:

DATE:

')(R'l\MENT HEAD CONCURRENCE: .~

Ro ert M. Keating, AICP; ommi· Development Director

Stan Bolin~CP; Planning Directo-:::(w M John W. McCoy, AICP; Senior Planner, Current Development

April 14, 2009

SUBJECT: Ridan Industries, lnc.'s Request for Administrative Permit Use Approval to Construct a Stealth Wireless Communications Tower [SP-MI-08-10-141/200605030662312]

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its regular meeting of April 23, 2009.

DESCRIPTION & CONDITIONS

Ridan Industries, Inc. has submitted an application for administrative pennit use approval on behalf ofT-Mobile to construct a stealth wireless communications tower located approximately 1,200' east of 27th Avenue SW, just west and south of undeveloped portions of the Falcon Trace PD and just north of the St. Lucie County line. The parent parcel is I 1.65 acres in area and includes an active fish farm. The subject site is zoned A- I, Agricultural I, and has an L-2, Low Density Residential, land use designation.

The stealth wireless communications facility is to be a 120 ft. tall structure designed to look like a power pole and is to be located within a 3,600 square foot lease parcel located in the southeast comer of the fish farm, adjacent to the north line of Indian River Farms Water Control District (IRFWCD) Canal J-6. Within the canal right-of-way, there is a major electrical transmission line supported by a series of tall power poles. The proposed stealth tower is proposed to mimic those nearby poles.

A use that requires an administrative permit is one that normally would not have an adverse impact on surrounding properties when carefully regulated in scale, duration, or nature. Administrative permit use approval requires submittal of a site plan that meets all of the specific use criteria set forth in chapter 971 of the county's land development regulations. The Planning and Zoning Commission is now to consider the request and is to approve, approve with conditions, or deny the request.

ANALYSIS

1. Size of Development: Lease Parcel: Parent Parcel:

F:\Community Development\Users\CurDcv\P&Z\2009\Ridan FL-1260 staff report.rtf

3,600 square feet (0.8 acres) I 1.65 acres

1

2.

3.

Zoning Classification:

Land Use Designation:

A-1, Agricultural I (up to I unit/5 acres)

L-2, Low Density Residential

4. Specific Land Use Criteria: Pursuant to LDR section 971.44(5)(5)(e)(l), the following criteria for new stealth antenna supporting structures apply to this project:

a. Setbacks. Stealth facilities shall meet the minimum setback requirements for the zoning district where they are located for the type of structure used or simulated.

Note: The A-1 district has a minimum setback requirement of30 feet from all property lines. At the closest point, the proposed tower will be located 55 feet from the adjacent IRFWCD canal north boundary and 205 feet from the nearest, proposed Falcon Trace PD lots. The Falcon Trace boundary is a rear/side lot line for the parent parcel. Therefore, the proposed tower complies with the setback requirements of the A-1 district.

b. Height. Stealth wireless communications facilities shall not exceed one hundred fifty (I 5 0) feet in overall height. The county may limit the height of a proposed stealth facility to ensure that the facility is not readily identifiable as a wireless facility, blends into its surroundings, and has the appearance of an allowable and customary structure on site (e.g. church steeple, flagpole with flag, light standard, tree) In particular, a stealth facility proposed to be disguised as a tree shall not exceed one hundred ten (110) percent of the height of the tree line of the subject parcel or surrounding area.

Note: The proposed stealth flagpole will be 120 feet in height. As demonstrated in the attached photo simulations, the stealth flagpole has the appearance of an electrical transmission pole, similar to the poles in IRFWCD right-of-way. The applicant's surveyor has determined that the power poles in the IRFWCD right-of-way are approximately 80' tall.

c. Construction. No stealth wireless communications facility shall be guyed or have lattice type construction.

Note: No guyed or lattice-type construction is proposed. In addition, no lights are required or proposed on the tower.

d. Accessory use. A stealth facility shall be an accessory use as defined by section 901. 03 in the land development regulations.

Note: The proposed stealth facility will be an accessory use to the fish farm and is designed to blend into its setting due to its proximity to existing power poles/lines.

e. Structural integrity. The stealth facility shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications, and to meet all applicable building code requirements (including windloading).

Note: Prior to issuance of a building permit, the applicant will be required to demonstrate that the tower complies with all applicable design requirements, including those of the 2003 Florida Building Code.

F:\Community Development\Users\CurDev\P&Z\2009\Ridan FL-1260 staffreport.rtf 2

f Aesthetics. No stealth facility, whether fully enclosed within a building or otherwise, shall have antennas, antenna arrays, transmission lines, equipment enclosures or other ancillary equipment that is readily identifiable from the public domain as wireless communications equipment.

Note: Generally, the tower site is remote from existing and future residential development within Indian River County, and is well-buffered from Lakewood Park to the south by existing, mature canopy trees. Specifically, all antennas on the tower shall be enclosed within the power pole outer "skin". All ground equipment will be located within a compound that will be screened by a new landscape buffer on all four sides of the tower compound. This landscape buffer will include native species such as Live Oaks, Wax Myrtles and Pine Trees.

Therefore, all applicable specific land use criteria for stealth wireless communications facilities are satisfied by the proposed application.

5. Number of Users: As proposed, the stealth power pole will be designed to support at least four users in addition to the applicant, T-Mobile. A condition of approval has been included in staffs recommendation that the tower be designed to structurally accommodate at least three users. Through the administrative review process, the county's telecommunications manager reviewed and accepted the applicant's technical justification for the stealth tower's need, location, height, and type.

6. Surrounding Land Use and Zoning: North: Vacant (Falcon Trace PD)/RS-6 East: Vacant (Falcon Trace PD)/RS-6 South: Indian River Farms Water Control District canal, Lakewood Park West: 27th Avenue, Single-Family/CN

RECOMMENDATION

Based on the analysis performed, staff recommends that the Planning and Zoning Commission grant administrative permit use approval for the stealth wireless communications facility with the following condition:

I. The tower must be designed and constructed to structurally accommodate at least three users (TMobile plus at least two additional users).

Attachments: I. Application 2. Location Map 3. Photo Simulations 4. Site Plan 5. Detail Site Plan 6. Landscape Plan

F:\Community Development\Users\CurDev\P&Z\2009\Ridan FL~ 1260 staff report.rtf

APPROVED AS TO FORM AND LEGAL SUFF~

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PROJECTNAME(PRIN1): Steven Cartwri ht Ridan Tower FL-1260

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PROPOSEDPROJECTUSE: Telecommunications Tower and Related Compound

CORRESPONDING PRE-APPLICATION CONFERENCE PROJECT NAME AND CDPLUS ASSIGNED FILE NUMBER (IF ANY):

SP-MI- 0 g - IO - 4 ( OWNER: (PRINT) Steven Cartwright

NAME 2470 27th Ave SW

ADDRESS Vero Beach FL

STATE CITY 32968 CZ12)564 --8~6_6_9 ____ _ ZIP PHONE

FAX E-MAIL

Steven Cartwri CONTACT PERSON

PROJECT ENGINEER: (PRINT) EGI, Inc.

NAME 333 N. Falkenburg Rd., #All7

ADDRESS Tampa FL

STATE CITY 33619 @13)333 __ 5_4_1_3 _____ _ ZIP PHONE

)[email protected] FAX E-MAIL William H. Roberts

AGENT: (PRINT) Ridan Industries, LLC

NAME 2030 Schooner Road

ADDRESS Merritt Island FL

CITY STATE ~3~2_9_5_2 ____ Lill, 6 9 3 - 4 910 ZIP PHONE

(452-061}0 stacey,mat,his@

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PROJECTARCHITECT:(PRINT)

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CONTACT PERSON CONTACT PERSON

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2. TOWER SHALL BE DESIGNED TO ACCOMMODATE UP TO (5) CO-LOCATIONS.

3. TOWER SHALL HAVE A GALVANIZED FINISH.

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/ ~ .. , ~-- x,:;~~«:~m;({<> '0':,~'f:l 0 "- "d H. ROBERTS '/ /,. .Y/ -' - 42712

>;: ,,· . "' ~ P ONA!. ENGINEER I ""'"""""""'"'""""'""·,,_"-...,,

~~ .,, -- ,, I A KNOX BOX WII.L BE PLICF;D IN A V\SW31.E ; , .' LOCA1lON FOR Er.lERGe!CY ACCESS TO 511E. .'

h ~ Ba 8' VINYL FENCE DETAIL I . I 1'-6" - NOT TO SCALE [Il LANDSCAPE PLAN

SCALE: 1"=20'

~---·-·-· 2 t/2" • 2" (NOMINAL) OR 2 1/2" DIAMrrER WOOD OR SCHEllULE 40 MITAL PIPE OR

Mfuolfl·~INJ~U~N[fbU~Jr.?R u D~ 18" MINIMUM IITTO GROUND.

• GEOTEXllt.E (CLASS

"' ,:po'<' ";•. EMBED Al'PROX. s" OF

,,, .... ~ ~

GfOTEXlll..E RO.CKFlU. co• TRENCH WITli EAATH. '< COMPACT niOROUGHLY- o,_

' 3 12 09 i= COMMENTS TRENCH APPROX. ' 3 tD/01 ESSEIICOMMEMTS 4" Oi'E' )( 6" WIOE ' 1on1 ISSUED ftlI< SJRIYMD

WllilC~ tCt:II&!I ~mE· 0 1/Jl OS ISSUED F1lR ZONING n-a;: Pl./,COjOO Of 1l-!E EROSION COtmlOL !'ENC£ WII.L BE: • 1/15/08 ISSIJED F'O/! R~EW OETERMINE!l BY SJRWMD OR INDL<IN RIVER COUNTY PRIOR •o •• - D;;sc~PTIOH TI-IE COl'ISIIIUCllON OF THE TOWER SITE.

EE EROSION CONTROL SILT FENCE DETAIL VERO BEACH NOT TO SCALE RIDAN SITE NO.: FL1260

2470 27th AVE SW VERO BEACH FL 32968 INDIAN RIVER COUNTY

SHEET 11TLE

LANDSCAPE PLAN

" SITE SPECIFIC DETAILS

I SHEET NUMBER

I 26 ,~ ,,. '" ... . . '

ATTACHMENT 6


:rTcm 3b MAJOR SITE PLAN

AND PRELIMINARY PLAT [QUASI-JUDICIAL]


Robert M. Keating, AICP Community Development Direct

M THRU: Stan Boling, AICP

Planning Director

FROM: John W. McCoy, AICP -1wl/J\ Senior Planner, Current Development

DATE: April 13, 2009

SUBJECT: North American Properties S.E Inc. 's Request for Major Site Plan and Preliminary Plat Approval for the Harbor Point Shopping Center [SP-MA-07-08-17 (SD-07-08-08) I 2004040368-58924]

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its regularly scheduled meeting of April 23, 2009.

DESCRIPTION AND CONDITIONS:

Carter Associates, Inc. has submitted a major site plan and preliminary plat application on behalf ofNorth American Properties S.E. Inc. to construct a 67,310 square foot shopping center ( consisting of 4 buildings) with parking, access, stormwater management, and landscaping improvements. The project site is located at the southeast comer of US Highway I and 53rd Street, and lies within the US Highway I special corridor. In addition, the developer proposes to plat a lot for the shopping center buildings, 4 additional out parcels, and common areas. The 4 separate out-parcels are proposed for various commercial uses and will be site planned at a later date under separate applications.

The subject property is zoned CG and RM-6. All proposed "hard" improvements will be located in the CG zoning district, a district which allows shopping centers, banks, drug stores, convenience stores, fuel sale facilities and a variety of commercial uses as permitted uses. Certain buffer and stormwater management improvements ("soft" improvements) will be located in the portion of the project site that lies within the RM-6 zoning district.

ANALYSIS:

1. Size of Site: 18.56 acres

2. Zoning Classifications: CG, General Commercial (15.57 acres), RM-6, Residential Multi Family (up to 6 units per acre)(2.99 acres)

F:\Community Development\Users\CurDev\P&Z\2009\HarborPointPZC4-23-09staffreport.rtf

3.

4.

Land Use Designations:

Building Area Coverage:

C/I, Commercial/Industrial, M-1, Medium Density Residential (up to 8 units per acre)

Grocery Store: Building A: Building B: Building C: Total Shopping Center:

46,031 sq. ft. 11,786 sq. ft. 2,813 sq. ft. 6,680 sq. ft.

67,310 sq. ft.

Note: The outparcels will be site planned separately. The grocery store building includes a drive-up window for a pharmacy

5. Total Impervious Surface: Shopping Center: 552,317 sq. ft.

6.

Note: The total impervious figure includes the shopping center and future outparcels. The out-parcels have an assumed impervious area of 85%.

Open Space: Required: Provided:

5.09 acres or 27.40% 5.24 acres or 28.20%

Note: The open space requirement is based on the site's split zoning. While the CG zoned site area requires 25% open space, the RM-6 area requires 40% open space. On a proportional basis, the total required site open space comes to 5.09 acres. The 5.24 acres of open space provided includes 1.53 acres of stormwater pond area credited as open space. The overall pond size is 2.18 acres.

Open space areas in the developed portions of the overall site are designed to meet various landscaping requirements, including perimeter landscaping, and to break-up parking and building areas with green space.

7. Traffic Circulation: The applicant is proposing four driveways to the site, with two on US Highway 1 and two on 53rd Street. The southernmost driveway on US Highway 1 will be the main US Highway 1 driveway. This driveway will be shared with the property to the south and will require dedication of a shared access easement prior to site plan release. The movements at the southern driveway will be limited to right in, right out, and left in. Left out movements will be prohibited by a US Highway 1 median

The northern driveway on US Highway 1 will be a right in/right out driveway. This driveway will provide access to the shopping center parking lot and a common, internal north/south driveway that will serve outparcels #2, #3, and #4.

The western driveway on 53rd Street will be the customer driveway. This driveway aligns with the northsouth driving aisle that crosses in front of the shopping center and provides access lo out parcels# 1 and #4. As a full movement (left in/left out and right in/right out) driveway, this driveway will align with the driveway for the CVS Pharmacy located on the north side of 53 rd Street. The intersection of that driveway and 53rd Street will be signalized to serve entrances to shopping areas on both the north and south (subject project) sides of 53rd Street.

The eastern driveway on 53 rd Street will be a service driveway that aligns with the driving aisle behind the proposed shopping center building. This driveway will be limited to right in/ right out movements.

Also, the project will provide a driveway inter-connection stub-out with the commercially zoned property to the east. The stub-out is an extension of the east/west driveway that runs directly in front of the shopping

F:\Community Development\Users\CurDev\P&Z\2009\HarborPointPZC4-23-09staffreport.rtf 2

center Building A. The stub-out will become functional when the property to the east is developed and connects to the stub-out. A similar driveway stub-out to the south is proposed as an extension of the north/south driveway.

Internal to the site, all four driveway connections are integrated into a shared access system that will serve the shopping center building and all 4 outparcels. Traffic engineering has reviewed and approved the internal circulation plan as well as all driveway locations and the inter-connection stub-outs.

8. Traffic Impact Analysis: A project traffic impact analysis (TIA) has been reviewed and approved by Traffic Engineering. Based on the approved TIA, the following site related improvements are required:

a. A north bound right tum lane and a south bound left tum lane are required on U.S. I at the project's southern U.S. I driveway.

b. A north bound right tum lane is required on U.S 1 at the project's northern US Highway I driveway.

c. An east bound right tum lane and a west bound left tum lane are required on 53rd Street at the project's western 53rd Street driveway.

d. A traffic signal is required on 53rd Street at the project's western 53rd Street driveway. The timing of traffic signal installation is covered by a developer's agreement that was approved by the Board of County Commissioners on May 20, 2008. Generally, the developer's agreement addresses intersection improvements, impact fee credits, signalization, and stormwater management.

e. Prior to site plan release, the applicant shall pay his proportional fairshare ($6,339.99) for dual south bound left tum lanes at the US Highway I and 53rd Street intersection.

All of the above referenced improvements and payments must be completed prior to the issuance of a certificate of occupancy for the shopping center.

9. Off-Street Parking:

Shopping Center Required 338 spaces

Note: The excess spaces can serve future outparcel developments.

Provided 415 spaces

I 0. Storm water Management: A preliminary stormwater management design has been approved by the public works department, and the applicant will be required to obtain a Type "A" stormwater management permit. The system consists of a stormwater management pond that outfalls into a ditch that runs along 53rd Street. The pond will be located south of the shopping center building within the RM-6 zoning district. The stormwater management system is designed to accommodate some of the drainage from proposed 53 rd Street improvements.

11. Environmental Issues:

Uplands: Since the site is over 5 acres, the native upland set aside requirement ofLDR Section 929.05 potentially applies. Although the subject site is former grove with some canopy trees, Environmental planning staff has determined that no native uplands habitat exists on the site. Therefore, no set aside is required.


- Wetlands: Environmental planning staff has verified that no jurisdictional wetlands exist on the subject site.

- Tree Preservation: There are several large canopy trees (greater than 24" in diameter) on site. The applicant has worked with staff to propose a site design that preserves this grouping of trees. The trees are concentrated on the western side of the site adjacent to US Highway 1, and the applicant proposes a green area around the trees to preserve a majority of them. In addition, other trees will be mitigated on site.

Endangered Species: Based on a review of an environmental survey prepared by the applicant's consultant and a site inspection, environmental planning staff has verified that no endangered species exist on the site.

12. Landscape and Buffering Plan: The landscape plan is in conformance with Chapter 926 landscape and buffer requirements, including foundation plantings and other landscaping required by US Highway 1 corridor criteria. Adjacent to the south property line, a Type "C' buffer with a 6' opaque feature is required and proposed in order to buffer the RM-6 zoned parcel to the south. This buffer will include a 6' pre-cast wall along the south property line east of the proposed driveway stub-out and a 6' hedge along the south property line west of the driveway stub-out. These improvements will meet the county's 6' opaque feature requirements.

13. Utilities: The project will be served by county water and sewer. These utility provisions have been approved by the Department of Utility Services and the Environmental Health Department.

14. Dedications and Improvements:

-,,,,, Traffic Improvements: The tum lanes and traffic signal previously described in the traffic section of this <.._ report are required improvements and are proposed to be provided. 7

- Driveway Inter-connection: As referenced in the traffic section, the applicant will be stubbing-out a driveway inter-connect to the east and south property lines. These stub-outs will facilitate future interconnection to the properties that lie east and south of the subject site. The stub-outs will need to be constructed prior to the issuance of a certificate of occupancy.

- Sidewalks: Based on the County's Sidewalk and Bikeway plan, public sidewalks are required along the site's US Highway 1 and 53rd Street frontages. Those sidewalks are depicted on the site plan and must be constructed or bonded prior to issuance ofa certificate of occupancy. The external pedestrian system will be linked to an internal pedestrian system at the western driveway along 53rd Street. At that location, a sidewalk will connect to the 53rd Street sidewalk and run across the front of the shopping center. Additional internal sidewalk improvements will be provided when the outparcels are developed.

15. Signs: No signs are being approved with this site plan application. All signage will require separate permits, and will meet the US Highway 1 corridor criteria.

16. Concurrency: The developer has obtained a conditional concurrency certificate for the project. This satisfies the project's concurrency requirements with regard to site plan and preliminary plat approval. The developer will be required to obtain a final concurrency certificate prior to building permit issuance.


17. Preliminary Plat: The applicant has submitted a preliminary plat application to "plat over" the proposed site plan. The preliminary plat submitted with this application depicts 4 out parcels, a lot for the shopping center buildings, a stormwater management tract, and easements necessary to provide access and utilities to the out parcels. The proposed preliminary plat satisfies all the criteria for a commercial plat over site plan project.

18. US Highway I Corridor Criteria: The site lies within the US Highway 1 corridor plan area. The US Highway 1 corridor plan regulates the aesthetic qualities of buildings and sites through design criteria, sign criteria and landscape criteria. All of these elements have been reviewed, and the site plan and associated buildings were found to be consistent with the Corridor Plan criteria.

19. Surrounding Land Use and Zoning:

North: 53rd Street, CVS Pharmacy, Vacant Residential/CG, RM-6 South: Vacant, One single-family home/RM-6 East: Vacant/CL West: US Highway 1, Walgreens, Vacant/CG

RECOMMENDATION:

Based on the above analysis, staff recommends that the Planning and Zoning Commission grant major site plan and preliminary plat approval for the Harbor Point shopping center and associated improvements with the following conditions:

1. That prior to site plan release, the developer shall:

a. Pay his proportional fairshare for the dual southbound left tnrn lanes at the US Highway I and 53nl Street intersection; and

b. Obtain an access easement for the shared driveway depicted along the south property line of the project site.

2. That prior to the issuance of a Certificate of Occupancy, the applicant shall:

a. Provide a driveway stub out to the east and south property lines as depicted on the project site plan;

b. Complete all required buffers as depicted on the site plan; and

c. Complete all required tum lanes as described in the traffic section of this report.

3. That prior to the issuance of a Certificate of Occupancy or as specified in the approved developer's agreement, (C.O. for the grocery store) the applicant shall complete signalization of the project's 53nl Street westernmost driveway.

ATTACHMENTS:

1. Application 2. Location Map 3. Traffic Summary 4. Site Plan 5. Landscape Plan/Pond Tree Planting Section 6. Aerial 7. Preliminary Plat

APPROVED AS TO FORM

AND LEGALSUF~Y--

av Jbrt<~ GEOII.CiE A. Cil.lNH

ASSISTAl>ltCOUHTT AffQ!lNEY


MAJOR SITE PLAN APPLICATION FORM

(SPMJ)

COMPUTER ASSIGNED PROJECT #:_...,,2c,c00,c:4,,,0:,.,40'""'3-"'68,....__ __

-, --,

' - J

PROJECT NAME (PRINT): __ __,H"'a~r"'b"'o-'--r "'-P""oi,,,n"--t -------F,-,-....:/,~..AA~-1----;,;:.i

PRO POSED PROJECT USE:_.:._-"G,_,r_,,o-"'ce"'--"..!a'-"n"'d'--'R~e"'t,,_a1"'·1""Sc,,h2.ol!l.!c'-'-'-"-'-!!.~~=

PRE-APPLICATION CONFERENCE PROJECT NAME: __ ---""'--""""""

OWNER: (PRINT) SP-/nf.'\-01-08-11

NAP Indian River LLC NAME NAME

7500 College Parkway ADDRESS ADDRESS

Fort Myers CITY 33907 (239) 278-1121

FL STATE CITY

ZIP PHONE ZIP PHONE

(239)278-0036 [email protected] FAX E-MAIL

Shawn R. McIntyre CONTACT PERSON

FAX E-MAIL

CONTACT PERSON NAP Indian River LLC By: NAP Investments anage nt Company, Inc.

a Georgia Car ow By: ______ __:____,,_,/JL_ __

STATE

PROJECT ENGINEER: (PRINT) PROJECT ARCHITECT: (PRINT)

Carter Associates, Inc. NAME

1708 21 st Street ADDRESS

Vero Beach CITY 32960

ZIP (772) 562-4191

PHONE

FL STATE

(772) 562-7180 [email protected] FAX E-MAIL

John H. Blum P.E. CONT ACT PERSON

Marc Weiner AIA NAME 33 S.E. 4th Street

ADDRESS Boca Raton FL

CITY 33432

STATE

ZIP (561) 750-4111

PHONE

(561) 750-5298 [email protected] FAX E-MAIL

C \Documents and Settings\CTow.NAPCJNCI\Local Settings\Temporary Internet Files\OLK I C8\IRC~MAJ SITE PLAN I .doc

Page I of 3 ITTACHMfNT

CG RM-6

_/ ______________________________________________________ 53rd_ Stree~-------------------------------- ------------!

-::s a. -· m ::s ::u -· CG < CD ... m -

[\ ~. ! ~ ! \ ~

~ -~----------~.> \

< a. •

CL RM-6

1-----------\ \

\ IL

\..---------f----,,___.....,.~-------.\ RM-6

lnACHMENT 2

Kimley-Horr. and Associates. inc.

HARBOR POINT EXECUTIVE TRAFFIC IMPACT SUMMARY CT ammry 2009)

I. Location: Southeast quadrant of the iutersection of US 1 / 53"' Street.

2. Size 8_2,.335 syua.rc-foot shopping center? 16 vehicle fueling posirion convenience. market with gas pumps, and 1,280 square-foot automated car wash

3. Trip Generauon: Net New Daily Trip Volume= 5,076 ,-elricular trips Net New _'\.M. Peak-Hour Volume= 144 Ychicular rrips Net New P.l\L Peak-Hour Volume= 350 vehirnhr trips

4. c,\re" of Int1uencc Boundaries:

• North - 65:n Street

• South - 4Y' Srttet • East - Indian River Boulevard

• \"Xlest- 581.ii Avenue

~. Significant Roads:

• Indian River Boulevard- W. vr, City L. to US 1 @ 53'" Street • US 1 - 45m Strt~er to 65m Sn:eet

• 65"' Street - 58"' Avenue to US 1 • 43w Ave1~ue- 45tl, Street to 49rh St.rcct

• 49i1, Srreet - 43n.1 A-..:enue to US l

6. Significant Intersections:

• Indian River Hsulcvard / 531\? Street

• Indian River B~ulevard / Grand Harbor Boulevard • US 1 / 491

h Su,::et

• US l / 53"' Str,aet

• US 1 / 65"' Street

• Old Dixie Highway/ 4~/1' Street

• ()Id I) .. 11· 1 ' ,,,J" 1.,~c - 1g 1w,1y / .:J.J ~trcet

• Old Dixie Highway / 65'' Stteer

7

Suhe snc 60121st S:reet Vem Beach, F!mida :32960

Trip Distribution: See Appendix A JAN 2 3 2009 8. Inttrnal Captun::: 1 ~/(i

9. Pass-by Capture: Shupping Center 51!·,,

Convenience i\-farker with G,~s Pump.s 'l S~1\, Automated Car Wash 33%

INDIAN RIVEll COUNTY TRAFFIC ENGINEERING DIVISION

upda.+ec.l SUl'ni1Jn'3/?-.Y- S,

APPROVED DATEcl '/1

tlart:C~M;~T ~,;:~eel -ro/j,1173

Hl .AJ\L

Kimley-Hom and Associaies. inc.

Peak Hour Directional ~.-o (ingress/egress): Convenience lvfarket with G~ts Pwnps 50~/o in/50%, out Auromared Car \l:1ash 50% in/ 50% our .Shopping Center 61 ~1o in/39~--(i out

11. P .J\t Pe1k HouJ Dircccio1i..'1..1 ~·u (ingress/ egress): Convenience 1:farket -with Gas Pumps 5ff'/o in/ 50~/n out Automated Car Wa.i:h so~,c, in/sou .. -cl out

Shopping Center 48'/o in/52°.io out

12. Tr..affic Count .factors Applied: 5.00(Yfl annual growLh rat.c:

1.\. Off Site Improvcmen~s: Pl

• VAC #1 -Auxiliary right and left turn hncs

• V:\C #2 - Au,:iliary 11ght tum hnc

• VAC #3 - Auxiliary right and left turn hnes

• VAC #4 - noi:e

• Signalizari.on o: 53~d Srreet/\T..A.C #3 • US l /53'" Street Dual Southbound Left Turn Lane Proportionate

bur Share Connibution: $6,339.99

1-1. Roadway Capacities (lRC Lnk Sheets;: See Appendi:, l:l

15 . .Assume roadlvay and / or inrersection improvements:

• 53rd Street extension fron1 58ih ..::\venue to Indian Rivcx Bouk-r.'ard

I (1. Significant Dates a) Pre-study conference: April 2007

Sote,

Ul For \-..:\C if designation rcfe.r w _-\ppcndi.-x. Ji.

K:\VRB ___ Roadwr.y:4 74W•.!t)3'.Rt!\·istd __ (! J -23-iJ\rffarbor l-'ulnt Tr~fr'ic !mp:;.,:~ []:CCutivc- ,Summary.doc

ATTACHMENT j

Kimley-Hom and Associaies. in:.

b) Traffic counts:

\Intersection AM Count AM Pe'.tk I . Date Hour

Indim1 River Boulcvard/53'" 4/17/07 7:30-· 8:30

Street ( unsignalized) Indian River Boulevard/ Grand

1:hu:bcn: B(·mk~·.ai:d 8/16/07 7:30--8:30 (unsurrialized)

US 1 / 49'" Street 4/18/07 7:15- 8:15

(unsignalized)

US 1 / 53 "' Street 4/19/07 7:15 - 8:15 (uns~1:ilized)

US 1 / 65'" So:eet 4/26/07 7:15 - 8:15

/unsimalized) Old Di:<ie Highway/ 49" Street

4/19/07 7:30 - 8:30 (unsignalized)

Old Dixie Highway/53'J Street 4/24/07 7:30- 8:30

(unsigna1i7.ed)

Old Di.xie I--lighway/65"' Street 4/18/07 7:15 - 8:15

(unsignalized)

c) Study approval: J/ g_/tiJ' 17. SR 60 Interest Share SpeG-ial Fee

Peak Season PMConnt Factor Date

1.02 4/17/07

J.07 8/15/07

1.02 4/24/07

1.02 4/24/07

1.03 4/11/07

1.02 4/17/07

1.03 4/25/07

1,02 4/18/07

• SR 61) westbound between 82., A ,enne to 66'' _", venue: 0.7°10 assigned w link, 181 rrips = l.267 uips 1.267 trips , $4,054 per (Ilp = $5,136.42

PM Peak Peak Season Hour Factor

4:00-5:00 U)2

4:J0-5:30 1.07

4:30--5:30 1.03

4:30-5:30 1.03

4:30 - 5:30 1.02

4:00--5:00 1 .02

4:00-5:00 1.03

4:30--5:30 1.02

IITACHMflT 3

B PRO~"JECT LINK ASSIGNMENT

ITTACHMEIT j

HARBOR POINT Traffic counts in the EXISTING column were collected in 2007

Trips indicated in the VESTED column are as of J?J912008

"·«of LOS UNK ON STREET FROM STREET TO STREET CAPACITY EYJST. VESTED PROJECT REMAINING WI , •o~

' ~ PROJECT

1010N S-R.A1A S. COUNTY LINE S. VB CITY l. 950 244 22 0 684 28%

1010S SRA1A S. COUNTY ll~lE S.VBCITYL 050 '22 12 0 .,. 35%

t020N S.A.AlA S.VBCITYL l7THS1"FfEE'f 030 ""' 13 D ·22 102%

'!02DS S.A. AJA S. VB CIT'{L 17TH STl-lEET 930 1.(114 3 0 _,,, 109%

1030N S.R.A1A 17THSTREET SR.SO B60 956 50 D -146 117<'/4

1031)8 S.R.AlA TTTHSTAEET S.R.60 860 734 5 0 121 86%

1040N S.R.A1A $.R.60 N. VBCJTYL B60 912 " 0 -81 109%

104[}S S.A.ATA S.A.60 N. VBCITfL 860 625 1fi 0 19 98%

IOSON S.RA1A N. VSCITYL F.REDTUERKRC. B60 782 20 0 58 93%

1050S s.n.AIA N. VBCITY_L FHED TUERK RC. 660 981 10 0 -'f31 115%

11l60N $.R A.1A FRED TUERK RD. OLD WINTER BE.~CH AD B60 "'' 30 0 ''" 57"/4

1060S S.FLATA rAED TUERK RD. OLD WINTER BEACH AD B60 514 14 0 "" 61%

1070N S.R. AtA OLD WJN1'ER BEACH RO N_IRSL B60 568 41 0 253 71%

1070S S.R. A.1A OLD WINrER BEACH RD N-. fASL BBD 489 .2[1 D '71 57%

f080N S.R ,\lA N. !RSLN. C.R.510 860 566- " 0 230 73%

1080S S.RA1A N.IRSL'll. C.R.510 860 - ,, -0 317 63%

1090N S.FI. A1A C.R. SfO N. COUNTY LINE 998 343 61 0 59' 40% ,_ S.R.A1A C.R. 510 1\1. COUNTY LINE 998 536 79 0 3ll3 62¾

1110N /NDJAN RIVER Bl.VD. 4THST. @US1 12THSTREET 1860 , .. 25 0 l/145 44%

11100 INOJAM R.!VER BL VO. 41HST.@ US1 12TH S'rREET 1860 1,184 61 0 615 6-7%

il20N IN!JIAN RIVER SL 'JD. 121HSTREET S, VBC1TYL <B6i! 1,02-4 1l 0 '25 56%

112os JNDIAN RIVER Bl VD. 12TI1 STREET S. '/BCITI/ L 1860 1.S=H SI 0 ,.. 86%

1130N !NDIAN RIVER BLVD. S. VBCIT'{L T7THSTRE:ET 1860 UlN ' 0 ..,, 55%

1WOS !~IDJANRWERBLVD S. VBCJTYL 17THS"fflF-ET U16D }.-541 "' 0 260 85%

"""' INDIAN RIVER BLVD. 1TTHSTREET 21ST STFlEET 1860 1.002 '" 0 .,, 55%

,r.:os INDIAN RIVER BLVD. 17Tri STREET .2l$T STI=IEET 1940 1,"'2 " 0 470 76'l:O

11SON: !NDJAN FWEA BLVD. 21STSTREET S.R.50 t860 1,458 "' 0 '"' 83%

i1505 IND/AN RIVER BLVD. 21STSTREET S.A.60 2242 1.706 100 0 428 81%-

nBDN 1ND)Ml.AJVEA BLVD. S.R. 60 W. VBCffYL 1860 1,= 46 0 5El2 68%

11606 INDIAN RIVER BLVD. S.R. 60 W. VBCITYL. 2240 1.11!3 m 0 1111 50'%

11iot..i $NDIAN flfv'ER Bl VD, W, VB CJTYL US1 @53RD ST 181::i'O 518 58 72 1212 3S%

11i'OS- INDIAl\f AlVS.f:I 80/0. W. VBCITYL. US 1 ii; 53RD ST. 1937 41£1 z, 68 1428 26'%,

1210N 1-95 N. COU!vTY LINE C.A.512 2740 1,504 0 0 1'3S 56%

t21•S J-95 N. COUNTY LINE C.A.512 2740 1,509 10 D '.122l 55':!(,

1220N' 1-95 C.R. 512 S.R..60 2740 1,510 ,o 0 1210 5~;,

1220S HIS C.R512 S.fi. 60 2740 1,519 23 0 1198 56%

1230N ,~s S.R.60 OSLO ROAD 2B90 1.726 48 0 1116 61%

1230$ l-95 S.R.60 OSLDADAD 2890 1.712 35 0 1143 60",;,

1240N 1·95 OSLO ROAD S. COUNTY LINE 2890 l,715 ,. 0 i136 61%

12MJS '""' OSLO ROAD S. COUNTY LINE 2890 i.707 ZI 0 1156 60%

1305N U.S.1 s. cour..'TY LINE OSlOFIOAD 1B60 1~02 80 0 518 69%

i,305S U.S.! S. COUNiY LINE OSlOROAD 1660 f,581 .. ' "' 11!!%

1310N U.S.i OSLO ROAD 4TI-',ST.@ ff! BLVD. 279D l.3ro- 67 0 1340 52%

1:,1os U.S.l OSLO ROAD 4TH ST. @ IA BLVD. 2790 1,820 91 D ,,. 68%

1315N u.s., 4TH ST.@ IA BLVD. BTHSTREET lflf'.ifl '81 34 0 94' 49%

1315$ U.S.1 4TH SL @ IR BLVD. STHSTRE.ET 1860 1,238 ,o 0 582 69%

132UN U,S.1 8THSTAEET 12THSTREET 1860 1,046 36 " na 58%

1320S L\.S-.1 8THSTREET !2THSTi!EEf 1860 1.220 51 0 ''" 68%

1"'5N LI.S.l 12THS7REET s. vacrrrL 1710 1,228 " 0 446 74%.

13255 U,S.1 12TH S'rAEE"f S.VBCllYL 1710 1,572 54 D ., 95",\,

1330N U.$.1 S. VBCffY L lTTHSTREET 17i0 1,228 "' 0 445 74%

,AnACHMfNT 3

HARBOR POINT Traffic counts in the EXISTING column were collected In 2007

Trips indicated irl the VESTED column are as of 12/912008

R-11.'1AINING W, % of LOS UNK OM STREET FROM STREET TO STREET CAPACITY eXIST VEST~D PROJECT ;:; 1 "D"

PROJECT 1330S u.s.1 S. V:BCITYJ... 1/THS:rREET 1710 1.572 54 0 84 95%

1335N !J.$,1 1TTHSTREET $.R.6C. 1510 1,177 45 0 288 81%

13355 U.S.1 17THSTR.EEI S.R.60 1510 1,125 26 0 ,,. 76%

1340N U.S.1 S.R. 60 ROYAL PALM PL 1820 1,287 60 0 473 74%

13400 U.S.1 S.R.60 ROYAL PAU,.,- ?l 1510 "' 15 0 600 60%

13451,J U.S.l A:OYAL PALM PL ATLANTIC BLVD. 2116 998 .50 0 1068 50%

13455 U.$1 ROYAL PALM PL ATLANTIC 6LVO 17W oos 24 0 780 54%

1350N U.S.1 ATLANTIC ElVO. N. VB CITY L 2322 i,039 50 0 1233 47%

i~OG U.S.l AllANTJC BLVD. N. YBGITYL 20W 1,"596- 73 0 341 83'¾

1355N U.S.1 N. VSCITYL. OLD DIXIE HWY 2320 2.019 " 0 203 m,

13555 U.S. t N.VB-CITYL OLD OJXIEHWY 2010 1.039 47 0 \l24 54%

1,00N !JS.1 OLD D/XfE Hw·r 41STSTREET 2586 1214 '"' 0 1270 51%

1360$ 1,1.s.·1 OLD DIXIE HWY 41STSTAEET 2010 843 "' 0 1122 '4%

l365N U.S.l 4tSTSTREET 45THSlR.EET 2352 1,093 80 0 rl79 50%

131ES U.S.1 41STSTAEET 45fHSTAl:ET 2010 790 36 0 1184 41%

1370N U.S.1 *.,lH.STREET 4lmiSTREET 231l4 1.281 95 17 ''" 53%

1S70S (}$1 45THSTREET 49THSTREET 2010 7,r, 32 18 1213 40o/ ..

1'375N U.S.1 49TH STREET 65THSTAEET 2568 0,604 141 -l2 n, 70%

1375S U.S. t 49TH STRE::1 $511·1 STF!f:Et 2010 1,094 127 -l2 747 63%

1380N u.s.1 6STHSTREET 69THSTRf.:F-T 2631 1.565 134 " !)32 6'%

1380S u.s.1 l>STH STREET &,TH STREET 1860 "63 99 n ... 52%

t385N U.S.i 69THSTAEET ClD DIXIE HWY 2648 1.453 189 n 1029 61%

13855 u.s.·1 69TH STREET OLD DIXIE HWY 1860 831 113 0 ,,. St%

1390N U.$.~ OLD OIXlE HWY SCHUMANN OR. 2210 1,701 125 0 384 83%

1390S U.S.l OlDDIXlEHWV SCHUMANN OR. 1.860 1,350 1'2 0 378 80%

1.395N U.S.1 SGHUfl.1ANN OR. C.R.512 1!l1l0 9"71 94 0 795 57%

1395$ U.S,1 SCHUMANN DR. C,R. 512 1860 ... 114 0 '"' 60%

MOON U.S.1 C.R. 512 N. SEB. CITY L 1710 1,142 50 0 518 70"io

14005 U.S.1 C.R.512 l'f. SEE. CITY L nrn 1,179 .. 0 <67 73%

1-405N U.S.1 N. SEB. CITY L ROSELAND AD. 1860 1.009 127 0 ""' 65"/4

14055 U.B.l N, SEB. CrrYL ROSELAND RD 1860 i,124 Hill 0 sn 69";,,

1410N U.S.l ROSELAND RO. N". COUNTY UNE 1860 1,150 96 0 .,, 67%

1410S U,S1 ROS.:.1AJJD RD. N. COUNTY LINE 1880 "" 133 0 7BS 5Bo/o

i510N SCHUMANN OR C.R.. 510@66TH AVE S. SES. CITY L 660 853 9 0 _, 100%

1510$ SCHUMAN/'J OR C.R. 5-10@ 65TH AVE. S.SEB.CITYL 860 477 1·1 0 '" 57%

15-.?..0N SCHUMANNLJR S.SEB.Cm"L U.S.1 860 "-2 7 0 711 1?'¼-

1520$ SCHUMANN DR S. SES. CITY L. u.s.t 560 "'' 19 0 703 18%

f6toE ROSELAND AD. S,R.512 N. S!:E. CITY L 860 "" 2" 0 500 42%

1610W ROSELAND RD_ S.R. 512 N. SE8. CITY L Bh'O 361 23 0 ,,. 45%

1620!; ROSELAND RD. N, Se8.CITY L U-''1 860 '"" 42 0 42S 5D%

1620W ROSEL.AHO AD. N. SES. CITY L U.S..l 860 45!1 " 0 360 "'" l710E C.R. 512 S.R. 60 1-95 860 448 "" 0 '" 57%

1710W C.f'l.512 S.R. 60 l-55 660 645 11 0 204 76%

l72QE C.A.512 1·.95 C.R.510 1860 823 93 0 944 49%

1now C.R.512 1·95 C.R.510 1960 720 2:i 0 1106 41%

1730E CR. 512 C.A.5rn W. SES. C!TY L 1860 737 60 0 1063 43%

1730W C.R..512 C.R.510 W. SES CITY L. 1860 i21 e6 0 1073 42%

17<10E .C.R. 51:2 W.5E6.CllY L ROSELAND RD 1860 553 43 0 12S4 32~

1740\'lf C.R.512 W. SEB. CITYL. ROSELAND RD 1860 -542 49 0 1269 32%

17SOE C.R.512. ROSELAND RD. us., 1860 "" 48 0 122• J/1%

1r::,0w C.R.512 ROSELA,••m AD u.s., 1660 ''" 41 0 1124 40%

ATTACHMENT l

HAl:JBOR POINT Traffic counts in the E).JSiJNG column wena- collected in 2007

Trips indicated in the VESTED column are as, i:,f 1219/200&

REMA'NING W/ % ot LOS LINK ON STREET FROi\1 STREET TOSTR:EET Gl<PACIIT EXIST. VESTED PROJECT t:: ' ·"D"

PROJECT

1810€ C.R 510 C.R5t2 SOTHAVE. 1860 272 190 0 139B 25%

1a1ow C.R.StO C.fi.512 6011-lAVE. 1860 667 1oe 0 1087 42%

1620E C.R. 510 66THAVE: 58THAVE. 1860 :r.n 109 0 1430 23%

1820W C.R. 510 66T!-iAVE. 5!:ffHAV'i;.. 1860 6ii7 116 0 1077 42%

1630E C.R,510 5BTHAVE U.S.1 1860 365 117 0 1347 28%

1a30w C.R.510 55-THAVE. U.S.1 1860 717 "' 0 """ 46.%

1840£ C.R.51'1 U.S.1 S.R.AlA 1900 851', 240 0 1004 47%

1840W C.R. 510 u.s.1 S.R.ATA 1900 426 171 0 1303 31%

l!l!J5f $,H. 60 ~'I/. COUNTY LINE CF/. 512 1810 ""' ' 0 1600 12%

1905W S.R.60 W, COUNli' LINE C.R. ~i2 1810 20£i 9 0 1595 12%

19ll7E S.R. GO C.R.512 100'rHAVE. 1810 230 0 1579 13%

1.907W S.R.60 C.R.512 tOITTHAVE.. 1810 23() 0 0 1""' 13%

191DE S.R 60 100TH AVE. f-S5 rnso 4'5 114 0 1311 SO%

19-TOW S.R. 60 1001HAVE. "' '""" 336 191 0 1333 ,.% 1915E S.A. 60 t-95 62NDAVE. iB60 i,146 155 0 559 70%

1915\lV S.R. 60 l-!35 62NDAVE.. 2000 1,509 100 0 ,01 65%

1920E S.R.60 .S2ND AVE. 66THAVE. 2790 f,226 316 0 124' 55%

1920W S.R.60 B2NDAVE. 66TH AVE. 2790 i.890 285 0 615 78%

J925E S.R60 &IT!-iAVE. 58THAVE 2790 1,3,<;1 !8J 0 "" . .,. i9.2!1-W S,R50 66Tl-iAVE 5BTHAVE. 2790 1,782 ?.6i 0 '37 74%

1!l30E S.R.60 58THAVE. '13AOAVE 2790 1,339 217 0 1224 56%

rn30\.'V S.R. 60 58THAVE. 43RDAVE 2790 I.651 359 0 "° 72%

1935E S.R.60 43ROAVE. 27TttAVE. 2790 1,390 "'' 0 1207 57%

1935\l'J S.A.£0 43RDAVE 27THAVE_ 2790 L656 "'' 0 ... 70%.

194i)f: S.R. 60 27THAVE.. 20rHAVE. 2790 1,225 146 0 14tS 49%

1940W S.R60 VTHA.VE. 20THAVE. Z700 ',285 291 0 1214 56%

1945E S.R. 60 .20THAVf.. OLD DIXIE HWY :3252 1.2U1 ""' 0 1921 41%

1.945W S.R.60 2ITT"HAVE. OLD DIXIE HWY 3252 i,281 ""' 0 1762 -le50E S.R60 OLD DIXIE li-Y.JY lDTHAVE. 3:?.52 1,057 .,

0 2144 34%

1951)',.\' S.R.60 OLODOOEHWY 10THAVE. 32S2 999 136 0 2117 35%

1$55E S.R. 60 10THAVf;. U.S.1 3252 1,0.99 42 0 2111 35%

19551/11 :s.R50 10THAVE. V.S.1 3252 63G 104 0 2509 = 1950E S.R.50 U.$.1 INO!AN R'iVB'l l:il.VD J252 784 ' 0 - 24%

1961lW S.R. 60 u.s., /NOi.AN RIVER Bl.VD 3252 482 50 0 '720 lfio/~

19imE S.R60 lNDW.SAIVER6L'.'D. !CWW 1000 980 7 0 '73 53%

19651.V S.R.60 !~/DIAN RIVER BLVD !CWW 1860 1,"'6 0 42J Tio/,.

. t970E S.R. 60 !CWW S.fj. AtA !860 958 10 0 892 52%

"i970W S.R.60 ICWW SA.AJA 1860 1.017 7 0 836 55%

2®E lol"HS"fRf£T 58THAVE.. 43RDAV£.. 860 150 52 0 658 23%

"'"'" 16TH STREET 5BTHAVE. 43RD/J.VE 000 2'2 43 0 555 34%

Z030E l6THSTREET 43liOAVE. 27THAVE 860 = 43 0 450 4a%

t'J30W i6THS'mE:E1 43RD.t..VE. ZTTHAVE. 860 "' 36 0 286 67%

2040E 16niSTAEET 27THAVE. 20THAVE. 860 5.97 20 0 ,,. 73%

2040\V l6THSTREET 27THAVE. 2(ffHAVE. 860 5i7 '5 0 "' 72%

2050E 16IBSTREET 20TI-IAVE OLD DIXIE HWY 1260 530 19 0 n, -14".:0

Z050W 16TH STREET 20lH IWI:'.. OW DIXIE i-iW'I' 1260 775 "' 0 449 64%

2060E 16TI-l.'ii7H STREET OLD OJXJF.. HW'( U.S.l 17"10 584 "' 0 1089 "" 2060W 16TH/17TH STREET OLD OIXJE HWY U.S.1 l7Hi "'"" "' 0 978 43%

2110E HTHSTAEET U.S.1 !NOJ,!,N RIVER BL'ID. 1710 ~"" 25 0 1190 30"/4

2110W 17THSTREET U..S.T nm!AN RfVER Bl VD. 1710 74' 1B 0 '" 4s,r.,.

2120E t7THSTREET IND!AN At\/ER BLVD. S.R.A1A 1800 '" ,. 0 "' 52%

HARBOR POINT Traffic counts in th~ E);ISTrNG column were collec!c.d in 2007

Trips indicated in th!:; VESTED column are as ot 12/9/2000

, %cf LOS LINK ON STREET FROM STREET TO STREET CAPACfn' EXIST. VESTED PROJ"CT REl\i1AIN!NG W, "D"

t:. PROJECT

2120\'V 17THSTREET lr'IID!.AN RNEH Bl VD S.A. .<\lA 1860 l.i)-tO ' 0 '"' 56'o

22101=: 12TH STP.Ef1 62ND /\VE. 5aTHAVE. 670 ,. , 0 1150 2% 2210'.V 12ii1 STREtT 82NDAVE 51ITHAVE 870 102 0 0 "' 12%

2220E 12THSTREIT 58TH AVE. 4,SRDAVE 860 188 48 0 624 21%

22'!-0W ;2TH S'fAEET 5511-i AVE. 43R.D AVE, 860 254 39 0 5117 34%

= 12tHSTREET 43RD AVE. :27THAVE 860 783 22 0 " 94%

=ow 12TH' SiFIO::T 43RDA\fl: 27THAVE. B60 ,33 19 0 '°' 63%

2240E 12TH STfiEE"f 2TTH;Wf. 20THAVE. 360 4!;3 17 0 , .. 56%

2Z40W iZTHSTREfT 27THAVE. 2EITHAVE. 860 51'> 16 D ,,. 62%

2250E 1.2lli STnEET 20THAVE QU) 0I.>iJE HW~' 860 461 21 0 3713 56":;.

2250W 1EHSTREET' 20TI1AVE OLD DL'<IE HWY 860 674 18 0 168 80%

Z260E 121H STl'IEET OLD OIXIE HWY U.S.1 1368 554 16 0 788 '12'/o

mow 12TH STREET Olil DIX!EHW.Y U.S.1 1365 782 18 0 568 SB%

2305N OLD DIXIE HWY 5, COUNTY LINE OSLOROAD 850 ""' 23 a 5-12 -2305$ OlD 00::lEHWY S. COUNTY LINE OSLOAOAO 860 460 • 0 J82 56%

23iON OLD D:X\E HWY osto ROAD 4TH STREET 860 349 49 0 4S2 4&.%

2s1os OLD DIXIE:: HWY OSLO ROAD 4THSTREET 860 469 40 0 351 59%

23T5H OLD 01:<re HWY 4THSTAEET 8THSmEET 810 .., 47 0 = -231SS OLD DIXIE HWY 4TMSTFIEET 8THS!REET 810 546 "' 0 218 73".k

mow OLDDD(IEHWY liTHSTREl:T 12THSTREET 8i0 535 25 0 250 69'%

232DS OLDOIXJEh"WY BTHSTREET 12TH STT:EET 810 es:; "' 0 100 68% _,, OLDD!X!EHWY 12THSTREET S. VB Cm' L 810 ,., 9 0 418 48%

2S25S OLD PIXIE HWY 12TH STREET S.. VBCITYL. 810 391 " 0 .,,. 50%

2330N 01.DOOOEHWY S. VBCffYL 161HSTFiEFr 850 3B3 9 0 "' 46%

23305 0!.00/XIE:HW-Y S. VBCllYl 1fil"HSTREET 850 "" "' 0 449 47""/4

"'25N Ot.D OIX!E HWY 15THSTREET S.R. 130 850 :!.BB 17 0 5'7 36%

23'J5S OLD D!XlE HWY 16Tti STREET S.R.60 ll50 214 16 0 "" "" 234SN OLD DIXIE HV'JY 41STSTREET 45THSTRE...9" 860 214 " 0 '°" 29%

23455. OtD DIXIE H'NY 41ST STREET 45T!-tSTREeT 860 182 27 0 651 .24%

2350N OLODIXIE"HWY 45rfl STREET 49THSTAEET 860 126 [,2 0 680 21% ,__ OLD OIXlE HWY 45THSTREET -t9THSTREET 860 1;;14 32 0 694 1$"'/4

2355N OLDOOOEHWY A9THSTREET 65THSTREET 860 162 ll5 0 '" 29%

;:;..,_155S OLD DIXlE HWY 49fHSTAE=T 65rri STREET 660 13G 70 0 654 2'%

ZlSON OLD DIXlE HWY 6STHSTREET 69TI-! STREET 860 215 2() 0 '" m. Z..~DS OtDOlXIE HWY 55THSTiiEEr {lgl}-ISTJ:!EET 860 ,. 13 0 751 13% - OLD DIXIE HWY 69TH STREET C_R510 BGO 205 20 0 ''" 2£%

2365$ OLD DIXIE HWY 69THSTF!EET C_R. 510 860 91 • 0 760 12%

2-ilON 27THAVENUE S. COUNTY LINE OSLOROAO 126" 648 243 0 m 86%

24iOS 27111 AVENUE S. COUNT'{ UN"E OSLOf!OAD 1268 624 416 0 0 100%

2420N 27THAVENUE OSLO ROAO 4THST-A&J 1268 506 157 D 405 68%

2-120$ 27THAVENUE OSLO ROAD 4THSTREET 12613 551 252 0 0 100%

2430N 27THAVENUE 4rHSiAEET 8THSTREET 1020 534 102 "' ., •. 2430S 27iH AVENUE 4THSTAEET 811-:lSTREET 1020 m "1 0 0 100%

2140N 2nf-fAVENUE STHSTREET 1:ITHSTREET 1020 473 iS 0 4-72 54%

2440$ 27THAVENUE S'"fHSTREET 12THSTREET 1020 705 130 0 ·125 88%

2450~~ 27THAVENUE 12.'fHS"rREET S. VSCIT"l'L 1020 825 " 0 129 87",i,

2450S 21TH AVENUE 12THSTREET S. VBCITYL 1020 778 114 0 ""' B7%

.246DN ?.iTJ-1,.\VENUE S. VBCIT'fL 15TH STREET 1020 '"" ., 0 134 8'%

2480$ 27THAVENUE $, VB CITYL. 16THSTREET 1020 776 li2 0 130 87%

2470N 21tHAVENUE 16rHSTREET S.Fi.BO 1020 7ll2 38 0 "" Bl%

:,:41os 27THAVENUE 16THSTREET S.R. 60 10.20 "" 62 0 264 74%

ltTACHMEffr l

HARBOR POINT Traffic c:cunls in !he EXISTING column were collected in 2007

Trips indicated in the VESTED column am as of 1219/2008

%of LOS LINK ON STREET FROM STREET TOSTR:!ET CAPACm' EXIST. Vt:Si£0 PROJEC- REMAINING Wi "D"

1 PROJECT

.24$0N 2TTHAVENUE S.R...fill AllANTIC BLVD. 810 ,,.,. 18 0 '" 34% 2- 27THA\'ENUE S.RSO A TlAITTlC Bl'JD 810 410 2B 0 366 55%

2510N ffiHP,VENUE ATLANTIC BLVD. AVIATION 6LVO 610 380 2 0 419 48°..:,

25-lOS 2iTri AVENUE ATLANTIC BLVD. AVIATION BLVD. 8'0 50!) • 0 235 71¾

2530E OSLO ROAD 82ND AVC.. 5BfHAVE. 810 ''" 59 0 250 71%

2530W OstOROAO 52NOAVE. 58THAVE. 670 184 64 0 ,22 2S%

2540E OSLO ROAD 58TH AVC. 43RDAVE. 1953 561 1s;; 0 1206 38%

2540W OSLO ROAD SBTHAVE. 43RDAVE 1953 4,:; 66 0 1394 29%

2550.S OSlOROAD -taF.!DAVE. 27THAVE. 1953 ""' 15'1 0 1003 49%

25~0W 'OSLO ROAD 4:.lRDAVE. 27TH AVE. 195S 71i 128 0 1114 43%

2560E OSLOAOAO 27THAVE. 2-0THAVE. 1953 480 .. ' 1319 29':i,

2560W O.S1.0ROAD 27fH AVE. 20TH AVE. 1953 618 65 0 1270 35%

~"70E OSL•ROAD :!OTH AVE. OLD DIX!!: HWY 1953 '"' 17-'l 0 tots -2370W OSLO ROAD 20/!-lAVE OWOIXJEHWY 1953 665 "" 0 1124 42%

258UE OSlOROAD OLD DIXIE HWY US.l 1953 504 104 0 13'15 31",t.

2580W OSLO RO/ID OU>Dll<JEHWY U.S.1 1953 .,, HO 0 1159 41%

2610!: OTHAVENUE- 1 iTH STRE:1::1 S. VBCITYL. 860 335 5 0 520 40%

26TON tffHAVENUE 17TH STREEr S.VBCITYL 860 335 0 524 39"/4

:IBl(IS ,e:f.HA~NUE 'iITHSTREET S. VBCJTVL 86i) .,,, • 0 435 49%

2620N DTHAVENUE S. VBC!TYL S.R. 60 850 3[5 2 0 033 37%

2620S 6THAVENUE S. VBCllYL S.R GO 850 421 0 428 50%

27"10N lOTHAVENUE S.R. 60 ROYAL PALM 6LVD. 810 131 0 0 679 16%

27105 TOTH AVENUE S.R. 60 ROVALPALMBL\r""D. 610 154 0 0 "26 23%

2720N 10TH A'VENUE ROYA.l PAI..M BLVD. i7THSTREET 810 218 0 0 552 27%

27.208 iOTHAVENIJE HOYA!. PALM St.VO. 1TTHSTREET 810 184 0 0 ""' 23%

21:1100 "20THAVENUE OSLO ROAD -1-THSTREET 8&} "310 "' 0 4B4 44%

2BtOS roTHAVENUE OSLO ROAD 4THSTREET 860 s,, '19 0 420 51%

"""" 20iHAVENUE 4TH S'TREET 8THSTREET 810 338 34 0 438 46%

28:QJS 20THAVENUE 4TH STREET OTl-i Si?.EET 8'0 572 56 0 "'" 71!%

283oN 2rITH AVENUE 8THS7REET 12THSTREE.T i310 325 25 0 "'" '"' ~'JS 20T.-! AVENUE 81lfSTREET lZTHSlAEET 810 532 40 0 138 71%

264Dr4 20Tli AVENUJ; 1Zl"HSTREET S. VBCITYL 1710 3'7 '5 0 1378 1!1%

2B40S 20THAVENUE i2THSTREET $_ VSCITY L l7f0 473 13 0 1224 213%

2a5UN 201HAVE~.fl.JE S, VBCITYL 16THSTREET 1800 3i7 7 0 1<76 1B"k

28SOS 20THAVENUE S. VSCITTL 16Tl-i STREET 1800 473 13 0 i314 27%

28SON 20TH AVEl'-JUE 16THSTAEET S.R. 60 1800 ''" " 0 1453 19%

26605 201HAVENUE 16THSTREET S.A. 60 1800 226 " 0 1561 T3%

2B70~l 20THAVi:NUE SJi.60 ATLAffflC BLVC. 850 163 ' 0 579 ""'· 2SITJS 2<1YH AVENUE S.R.00 ATI.AN!1C BLVD. 850 72 12 0 766 l0%

2905N -13RDAVENUE S. COUNTY UNE OSLO ROAD 950 346 '38 0 , .. 51%

2SOSS 43AOAVENUE S. COUNTY UNE OSLO ROAD 950 3l4 2.HI 0 418 56%

2910N 4SRDAVENUE OSLO ROAD 4THSH-lt:!::T 1068 483 124 0 461 57%

2.9ros 43RD AVENUE OSLO ROAD 4THSTAEET 1068 462 175 0 431 60%

2915N -43ROAVENUE 4THSTREET 8.THSTAEET 1020 499 ,os 0 41$ 59'::lo

"'"'" 43RD AVEt,!UE" 4THSTTIEET IITHS'rnEET 1020 "' 157 0 202 60'l'~

2920N 43RD AV8'.'UE: 3THSTREE.T 12TH STREET 1071 ''" 99 0 49 95%

2920S 43ADAVENUE 8THSTREET 12TI--I STP.EET 1071 6-15 "' 0 ""' 74¾

2.925N 43RD;i.VENUE 12TH STREET 11:ilHSTREET 107'1 "' 74 0 ... 54%

2925$ ~RD AVENUE l2THSTREET 161H STf!EET 1071 627 !13 0 331 69%

2930N 43RDAVENUE 1lini STREET S.R.60 1071 sse 76 0 437 59¾

:?P.:ms 43RD AVENUE 16TH STREET S.R.6U 1071 ii75 ,07 0 289 73%

MTACHMEflT 3

HARBOR POINT Traffic counts in the EXISTING c:-0lumn were col!l'.!cted in 2007

Trips indicated in 1he VEST£0 column aro as of 12/91.2008

PRO IEC.,. REMAJN1NG W/ % of [..OS

UNK ON STREET fAOMSTRE_q TO STR:':ET CAPACITY EX!Sf VESTED ~ ' PA.0.JECT 'D'

:.2005t.J 43RDAVENUE S.R.60 26TH STREc."7" 1795 386. b7 0 '"" 25¾

2935S 43RDAVelUE S.R.50 :?QTHSTREET 1796 576 2' 0 1195 33%

29-tOr-i 43HOAVENUE 25THSTAEET 41STSTREET 860 351 94 0 405 53%

Zl~OS 43ROAVENUE 26THSTAEET <ilSTSTREET 860 362 36 u 462 46%

2945N 43RD AVENllE 41$TSTREET •15ili STREET 860 "" " 0 , .. 43%

29458 43FIO AVENUE 41$TSTAEET "15TH STREET 860 284 38 0 538 37¾

2950N 43RDAVENUE 45"fHSTREET 49THSTREET 860 208 120 ' ,,. 39%

2950S 43!"-iD AVENUE 45THSTRE£T 49TH STREET 860 '" 52 • 552 24%

::I005N 58THAVENUE OSLO ROAD 4THSTREET 1660 38! 73 0 1,06 24%

W05S 58THAVENUE OSLO ROAD 4TH$'rHEET 1860 512 108 0 1240 '"' 3010N 5BTHAVENUE 4THSTREET 8THSTAEET 1710 672 57 0 '81 '3%

:ao1os 58TH AVENUE 4THSTREET BTHSTREET i710 752 64 0 "74 49%

3015N 58THA.VENUE 8l'HSTRE1:.I 12TH STREEIT 1710 743 ., D a78 49%

so-,ss 58TH. AVENUE: 8TH$TREET 12T'ri STREET 1710 952 69 0 {)89 60%

3020N SBTHAVENUE 12TH STREET 16THSTREET 1710 1,229 131, 0 3'S BO%

:i020S 58THAVENUE 12THSTAEET 1m, STREET 1710 1,055 113 0 542 58%

3025N 5BTHAVENUE 16TH STREET S.R. 60 1710 1,139 :m 0 361) 79%

J025S 58TH AVENUE 16THSTREET S.P..SO 1710 981 ,., 0 335 69%

,0,0,J 58TH AVENUE S.FL60 41ST STFIEEr '860 9'.ro 123 0 017 56%

""30S 58TI-tAVENUE S.R.60 41STSTREET 1880 863 P7 • 91l0 52%

S035N 5fffHAVENUE 41STSTREET 45THSTAEET B60 '"' ;75 0 "139 84%

:303SS 5$TI--l AVENUE 4iST3TREET •15TH STREET 860 4134 107 0 269 69¾ -· 58TH AVENUE 45THSTFIEET 49THSTREET B60 489 ,00 0 171 ""' S().JDS 58TH AVENUE 45THSlAEr:1 49-TH STREET 880 410 118 0 324 62%

304SN 51:lTH AVENUE: 49THSTRECr 65THSTAEET 860 545 265 0 50 94%

"'45S 58"fH AVENUE 49THS1REET 6!iTl-ltm::.EET 860 402 '"' 0 a-24 62%

"'50N 58THAVENIJE 65THSTREET 69THSTREET 860 412 105 0 343 60"/4

3050$ . 58TH AVENUE 65THSTREET i¾lTl-l SrP.l:ET 860 330 117 0 413 52%

:lO$N 58TH A'IIE"NUE 6!ITH STREET C.R5H.l 860 3S9 100 0 361 58%

::0055 58TH AVENUE 69TH STRE~"T C.R. 510 860 265 9D 0 "" 41%

3120N 65TH AVENUE S.R. 60 2-S7HSTFlEET B60 426 ,,,,, 0 2 .. '6%

3120S 66TH AVENUE $.A. 60 2STH.SffiEET 860 529 ., 0 246 71%

3l3011f 66l'HAVENUE 26THSTREET 41STSTAEET SBO 469 152 0 ,,. )1!%

SlSOS 56THAVENUE 26THSTREET 41ST STREF.T B60 398 99 0 363 58%

3140N 66TH AVENUE 4TSTSTREET 457HSTREET 950 700 66 0 170 81%

31.WS f;oftt AVENUE 41S7STREET 45T"rl STREET 950 441 55 0 454 52%

. 31SON -66-THAVE,I\JUE 45THSTREET ii5TH STREET 870 67" ,; 0 121 86'w

3150S 66THAVl:NUC 45Ttl STAEET £5TMSTFIEET 870 376 55 0 ,,. 50%

3l60N 66THAVENUE 65Tii STREET 69THSTREET 870 681 .., n 145 83'1'<>

~,sos 66THA'/ENUE 6STHSTREET 691'HSTREET 870 350 42 0 416 '5%

3H'ON 66THAVENUE 69THSTREET C.Fl.510 860 723 60 0 77 91~

:_=mos 66TUAVENUE 69THSTREET C.H.510 860 S60 50 0 "'' 48%

32.lON 74TH AVENUE 16TH Sl'REET 5R60 860 93 0 0 767 11%

'210S 74Tl-JAVENUE 16THSTREET SR60 860 116 0 0 142 14~;,

3310N 82NDAVENUE OSLO ROAD 4THSTREET 950 161 18 0 771 19%

33T<JS a2NOAV1;.NUC OSLO ROAD 4n-t S<f!EF.T 950 220 22 0 708 25%

33201' 82NDAVENUE 4TH-STAEF.T 12THSTREET 950 194 es 0 .,, 2%

= 1:12NDAVENUE rrHSTREET l?Tr-tSTi=!.i:Ei 950 203 140 0 602 37%

"'30N 82NDAVENUE tQTHSTFiEET S.RfiO 860 235 195 0 ,:w 50%

= 82NDAVENUE 12THS:TREET S.A. 60 860 "" 2SO 0 ,,. 53%

3340N 82.NDAVENUE S.R.60 ti5THSTREET 410 52 ,s 0 3'3 16".-i>

AlTACffMEIT J_

HARBOR POINT Traffic counts in the l:}tJSTING column were collecicd in 2007

Trips indicated in thE• VESTED column are as of 12/9/2008

riE JN! W' % of LOS UNK ON STREET FROMSTAEET TO STREET CAPACITY EXJST VES/£D PROJE,...,.. M.A NG ' 'D"

..... i PROJECT

334DS MNOAVEt~UE S.R. 60 65THSTREET 410 43 10 0 351 14%

3300N 82ND AVENUE 6..-TTHSTREET 69THSTAEET 410 21 15 0 374 S%

S350S B.2NDA\!ENUE 65THSTREET 69-TH SffiEET 410 18 15 0 377 8%

'360N 98THAVENUE 8THSTREET 12TH STREET 660 134 4:! 0 6B4 20%

3:lOOS 981HAVENUE 811-ISTREET 12THSTREET 660 188 " 0 59' 31%

3370N 98Tr!AVENUE 1ZiH STREET \6THSTREEr 860 !12 106 0 662 '3%

3370$ sari-1 AVENUE '12TH STTIEET l6!HSTREET ••• 54 194 0 612 29%,

33BON OOTHAVF.NUE 16TH STREET SROO 860 28 106 0 '26 16%

33BOS 98THAVENUE 16THS1REET SR60 860 25 10< 0 641 ~.;,

3300N 98TH A\!EtllUE SR60 28THSTREET 860 12 0 0 848 1%

'3905 9Bri-:IAVENUE SR60 '2GTI-!. Sl"A.EET 860 11 0 0 849 1%

,'35i0.E 77THSTAEET 66THAVE._ IJ-5.1 820 60 0 0 754 8%

3610W 77THSTREET El6THAVE. U.S.1 S20 150 2 0 £68 19%

3110E 69THSTREET 82NDAVE, 61:fJHAVE. 410 37 :,J 0 '" 11%

3110\l'v 6~HSTREH 62ND AVE -OOTI-:1 AVE. 410 2A 3B 0 "' 14%

3720E 69TH smEET £6THAVE. 56THAVE 870 33 " 0 '20 6%

3720W 69THSTREET 66THAVE 53T'rlAVE. 870 78 22 0 770 11%

3730E 89n!STREET 5BTHAVE. OLD DlXIEHWY 870 41! ,. 0 '" 1%

3t:roW @TH STREET 58TH AVE. OLD OIX!EHWY 870 rd 14 0 778 11%

3740E 69TH STFIEET OLD DlXIE HWY u.s., 870 49 4 0 817 6¾

3740W 69THSTP.EE1 OLD OftJE HV-.fY U.S.1 870 78 ' D 786 9%

3!:l20E 65THSTREET ~STHAVE. 58THAVF.. 870 36 20 0 .,, 6%

3820W SSTHSTREET 66TH AVE. SBTHAVE. 870 76 19 0 T75 11%

3"30E 6.'>TkSTREET S!!,THAVE. OLD DIXIE HWY 870 74 17 15 764 12% ,._ 65THSTREET 58.THAVE. OLD OJXlE HWY 870 110 16 16 728 16%

"'4()E 65TH S!F!.EET OLD DIX.IE HWY U.S.1 870 58 '5 796 9%

:'.:..fW}W 6;i1H STREET OLODOOEHWY U.S.1 870 68 4 " 782 10%

4220E 4ll1HSTAEE-T i:i.6THAVE. fil!.TI-IAVE 860 28 3i 0 801 7%

4220W 4mti STREET 66THA'!E. SBTHAVE. 860 " 19 0 "' 6%

4230E 49THSTREET SOTHAVE. 43AOAVE. 860 137 17 0 706 i8%

.-.23ow 49TH STREET 58THAVE. 43RD AVE. 860 166 28 0 666 2J.%

4240E 49TH STREET 43ADAVE. OLD OlJ(IE HWY 810 161 "' 25 552 32%

4240W 49THSTREET 43RDAVE. OLD DIXJE H~W 810 33 71 27 .,. 16%

-12501' 49THSTREET OLD DiXJF.HWY L'.S. t 810 " 5 22 685 i5%

4250-W -1.!;lTHSTRE...i:=-r OLD DOOi? H\\i"f u.s i 810 119 21 2•1 646 20'%,

·l320E 45THS-fREET 66TH A.VE. SBTHAVE. aeo 91 JO 0 753 12%

"'"'"' 45TH smEET 66iHAVE 58THAVE. 860 l>il 7 0 727 15%

'""" 451'H STREET 58THAVE 4:JRDAVIE. 860 15.:/ 16 D 690 20"/4

43311W 45THSTREET SETH AVE -43RDAVE. 860 200 41 0 rn 29"'/4

43ili)E 45THSTREET 43RD AVE. OLD DOOE H\'VY 860 243 "' 0 "' 31%

4340W <b!H STREET 43RDAVE. OLD DIXlEHWY 860 302 26 0 '"' 88%

4350E 45THS'TREET OLD DIXIE HWY INDfAl'l RIVER BL.VD. 860 153 9 0 '" 19%

4350W 45TH STRE..9' OLD OOOEHWY JNDlAN RNER BLVD. 86{) 225 21 D ,,. 29%

¼20E 41STSTAEET 66TH AVE. 58T1-l AVE. 870 ,. 7 0 7''5 10%

""6W 41STSTREET 86TI-i.A.VE. 5SIHAVE 870 12, 6 0 738 15%

-1430.5 41STSTREET 58TI1 AVE. 43RDAVE 860 mo 21 0 Ml 25%

-w 41STSTflEET 5'm--l AVE. 43RD A.VE 860 233 ,, D 586 32%

.J440E 415TSTREET 4$P.OAVf. OLD DlXlE HWY 860 218 32 0 610 29"/4

4440W 41STSTRE-ET •GRDAVE. OLD DIX!!': HWY 860 229 20 0 611 2.S"io

'450E 41STSTREE1" OLD DIXIE HWY tNDlAN R!VER 8LVO. 800 157 5 0 69B 19%

4450W 41STSTREET OLOD!XIEHWY INDIAN RIVER BLVD. 860 160 18 u 6B2 21%

ATI'ACHMflT J

HAFIBOR POINT Traffic counts in the EXISTING column were collected in 2007

Trips iruficated in "Che VCSTED ct>fumn are as of12/9/20•8

PROJECT REMAINING VW %of LOS

LINK ONSTAEET fROMSTREET TO STREET CAPACITY EXIST VESTF.-D PROJECT

~D''

4460f 37THSTREET U.S.T INDJJI-.N RIVER Bi.VD. 860 361 0 "' tl3~

4.J:SDW 37TH SJF.EE:1 V.S.t 1NDIAN RIVER 8!...VD. 66(] 667 " 0 ,n 76%

4720E 2oTHSTREET 66THAVE 5eTHAVE. 860 284 4S 528 , ... 4i20W 26THSTREET 66THAVE. 5flTHAI/E. 860 471l 49 0 332 51%

4730E 26THSTREET 58THAVE. 43RDAVE 660 375 29 0 456 ""' 4730W 26TH STREET SBTHAVE. A3ADAVE.. 860 546 " 0 276 , . ., 4740E 26THSTAEET -13RDA\IE AVIATION BLVD 860 430 " 0 419 m, 4740W 25THST"REET 4SRDAVE. N/l.O.TlON BLVD 860 608 n 0 ,.. 73%

4750E 26THSTREET AVIATION BLVD. 27THAVE. 860 150 10 0 700 19¾

4750\.',' 25TI-f STREET AVIA'r!ON SLVD. 27THAVE. 860 280 15 0 565 34%

"8JOE 81l-!STREET 5BTHAVE. 43FIDAVE. 860 216 18 0 62ii 27¾

,,.,.w 6TH STREET 58-U-:1 A.VE. 43RDAVE_ 860 '2.15 0 0 "" 26%

"""' BTH srfiEET 43ADAl!E.. 27THAVE 860 595 46 0 219 75,~ 4ll40W 6TH STREET 4SROAVE. 27THAVE 660 460 27 0 373 67%

4850E STHSTREE1. 2.7rH AVE. 2ITTH AVE 880 573 11 0 ,m; 68%

4850W STHSmEET 2ffiiAVE 20THAVE, 860 543 • 0 308 64%-

4860E 8TH STRE....C'f 2Cfi'H AVE. OWDIX!!::H.WY 810 3,'59 " 0 435 46%

4660W 8TH STTIEET 20Tif AVE. OLD DIXIE HWY 810 .., 19 0 '127 84%

'870E 8TH STREET OLD DIX:tE HWY u.s.1 810 34$ " 0 445 45%

4870W 8TH S'fREET OLD DIXIE HWY U.S.1 810 526 26 0 258 68%

4880E BTHSTREET U.$.1 .!NOlAN.RIYER BtVD. 860 27S !2 0 ,.. 34%

4860\I\/ BTHSTREET U.S.1 R\!OIAN Rl,lER BLVD. 860 5-12 12 0 ao6 64%

4910E 4n-tSrnEET a.2NO AVE. 58THAVE.. 870 78 3 0 ,.. 9%

4910,V 4:YHSTREET 82NDAVE SBTI-1 AVE. 870 ll1 0 75.B 13%

4930E 41HSTREET 58THAVE. -i3Rl'.JAVE. 860 2ll2 l1 0 647 25%

4930W -4THSTREET 58THAVE. 43RDAVE. 886 1S7 7 0 666 23%

4MOE 4THSTRE8 43ADAVE. 27THAVE. 86() .2&:i 20 0 554 3&%

49.:10\,',,' 4THSTREET 43RDAVE. 2TTHA'.JE. 660 .!l2S 16 0 416 52%

11950E JTHSTREET 27THAVE. 20TT-IAVE. 860 594 10 0 256 70%

4950W 4-THSTREET 2TTt"IAVE. 20THAVE 860 522 13 0 = 62";i,

"""'" 4!H STP.Ei:T 20THAVE. OtO DIXIE HW't" 8C-O 352 37 0 471 45%

'96!JW 4THSTREET 20THAVE. OLD DIXIE i-iWY 860 544 52 0 ,.,, 69%.

4970E 4TH STREET OLD DIXIE HWY U.S.! 810 400 32 0 375 54%

42iOW 4THSTREET OLD DIXIE HWY U.S.1 810 547 36 0 225 72%

50'IOE 16THSTREET 74THAVENUE '8'.lND AVENUE 860 46 0 0 a14 5"

50iCW 16TliSIREET /41H-AVENUi: 82NOAVENUE 860 43 0 0 817 5%

561CE FRED TUERK DR. AlA W. OF COC0NU7 DR. 860 1.29 0 0 731 15%

5610W FRED TUERK DR AlA W .OF COCONITT DR 860 " 0 0 764 11%

5710E Wlr.JTER B~H AO. AlA .JUNGLE TRAIL 860 3!! " 0 a1a 5%

5710W WINTER BEAC-H RD. AIA JUNGLE TRAIL 880 120 4 0 736 14%

5810E All_A.NTIC BLVD. 27Tl-iAVE. 20TH AVE. 660 100 2 0 758 12%

$1(N-J ATLANTIC BLVD. 2TTH AVE. 20TH AVS. 860 167 0 0 693 19%

"'20E A"rt.ANT!C Bl VD 20TH I\VE. U.S.1 860 ,o • 819 5%

5e20W ATLANTIC BLVD. 20THAVE U.S.l 860 76 " 0 7S1 9%

59"10E AYll\TfON BLVD. 26TH STREET 27THAVE. 1280 l;'i9 a 0 1118 1.':lo/.,

5911.JW AVIATION Si.VD. 26TI i STREET 27THAVE 1280 ,,,, 20 0 111.9 13%

il-OlOE ROYAL PALM BL.VD ROYAL.PALM PL. IND/AN P.!\!ER BLVD. 880 270 0 0 610 31%

BOlOW ROYAL PALM BLVD. ROYAL PALM PL IND/AN AJ\IER BLVD. ••o 116 9 0 755 14%

6110!: ROYAL PALM PL U.S.1 li.JDIAN RIVER BLVD. 880 3-H 5 0 53>1 39"k

6110W .ROYAL PALM PL U.S.l !rJDIAN-RIVER BLVD . 880 39fi 17 0 ,., 47%

K.\VRB __ Aoadvm.y\4 7 494003\.i:ievised _ 01-23--09\\Haibor Poi:-r1_li11K T abl!!-s 12-9-IJff.).;s)Urik Table.s

ATTACHMENT j

'fABl.f~ 1 EARBOR l'OL'\iiT

TRIJ~ G£.."'lhll..!.a.T.lON (REVJSED JA,.VliARY 2009)

Land Use lntl'.11Sity U.iily A.1\1 l!l'.ak Hour Trip~ T11tal In o,,

Prnpo.-«.-d Site Tr-..i:ffic Shopping. Cent.er 82.335 sq. f1. 5,9!55 139 35 54 Con\'enlencc Market w!Gas Pump:.: 16 vip K6S2 2:;s 138 137 /ml•m.lted Cill' W:Jsh J.280 sq.ft. 180 JS 9 9

1{847 .J.32 :231 20/J l'a._-.::;.B,· Tr.iffic

Shtrpping Center 51% (3,052! {_?]) (-l-3i (:!8)

Ci.'ll\al'Jliellcc M:ut..ci: wi Gil!. Pt!Jllpo, 75-'J. (6,512) (2IJ7} (104) (W3i :\fllnmated Cm-Wasil 33% (59) t6i (l) (3_l

foremal Capture l'i<"- {U•i) {4'., {2J {2)

NET NEW SIU 'l'RAf'FlC VOL lIM.£S 5,(176 144- '° (,4

TOTAL DRIVEWAY Ilt:\FFIC YOLUMES [4,847 431 132 1(1(1

No1t;s,: Trip gent;ntion ~vas C'Jkulau:d u,,fog lhe following. data trom flt:. Trip G~m:r1J1fon, Sf.;•arrll &lititin: . Dfilly Traffu: -Gcn<'Tati.:.m

Shop,1.Unt f.i:nler fITE SIU) a l.n(T)=0.6.1 "' Ln(X_\ + 5.83

Conver.knee Mari:.c-t w/ Ga;; Pumpill [ffE 8531 a T "° 542.fiO[X)

,·\utom.ili::d Car Wash;::1 (1TE948.J a T= 14.!:!(X}"' IO

AM Peal; fl.Uur Tr..iffi,.;; Gt.·ner.ilion Sh11pping Center [ITE 820! a 1.JitT)d).00" U!1X; ~ ::.29 (!i l %- iii, 39'{ ,mt)

C-01wc;mienc.: J\.-1.-1.rket wt G.is r1.1mi~!l, UTESS:3! a

:\Utoililu::<l Car Wast/'1 [ITE 948-J a

PM Peak Ho-Jr Tr-JffiC- Gcnc.nuion

Slwppirig Ctnier liTJ;; 8201 a

Convcnic11cc: Market w/ G:i:s Pump:;'!; !lTE &53J a

AlltOilll.liCd C.:ir W:ish:-'l [fTf.¾SJ a

/;.',:,.,;, J<''1J><>l_\<.{7.;<.;.;;_,';jJ,,-.~i,,td .• tll-lJ•iti:.,fl.u,;J,;:,, pi)fol. t,-ip ~~" U'"i!~J-~•;w..rubr.p ~ti

lCJl?.(Jtji ;;..;.?

T ~ n .rm::.i t5o''i+, m. 50% omJ

T = !-U2(X_l (50% in. 50% ouf!

LntT)a.G.66"' Lu{X) • :',..I i_4S'k iu.

f = l9.22(X) (5(J% in. 50% out)

T:::: 14.l2(A.l (50% ln.50% oat)

AnTJ_gc ITE r.llc:, utilizcU ii~ lTE Trip GtniT.:1tivn M.ui.u:il dcc::i.nolp:oy_idi;. ctJUation.

5:?.')';.uutJ

/J.: f:'qu;:;1!0,ts nor r.;\1!~ .3lt'- pr,.widerl 1n the- ff€ TTip (;em:.r;,ti-011 ~fa•Ul~L il11!1CiVll ti,.: r•M p,:ak hiw Ute ,,,as muh<r,l;:,.J h:,, ;l fa.:w, J{J

•-'i B:iscl on l'M 1i~ail'.l1our as th~ fff Tnp Ge~rJ.:ioo M:l.ltroi docs oot J!TOYide an ,\,\{ equ:11.i(ll! 1101 r:ut·.

.l:'M Ptali.Hour Tora! I In Out

551 2M 2B7 308 1.54 J5.-J 13

,, 9 ,,, 427 -150

l3-tilJ (1]5) 1146) (231i (!1.6} (U5}

(6) m (3)

(9i {4) C5)

3.50 169 ISl

877 427 45(}

AffACHM!IT l

' TABLF.l 'i ! UARBORPOL'tT

1llIPGl::N£l<AUOl\'

L;tt1dlis~ rntcnsit! Dail~ A'lJ Peak ITour Trips Total In Out

Pro(?2sed Site Traffic

Shopping Center 83.875 sq.L 6,058 14[ •6 55 Com·eni.:-ncc Ma&et wl G:.is Pnmp.~ 16 "l> 8,682 7.75 138 137

.,\ulom:rtt'd C:ir W:ish !.:!SO ;;q.L 100 " ,,

' 14,92{) 414 233 201 P:,s~8v Tniflk

Shopping Cer.tter :H'i<. (l09fJ_l {72} {44-_i {2SJ Cl)/'J.vt:.ni..:ncc M:ut.<:t w! Gas Pump:.; 75% (6,512} {20i) (104) (103}

Automl!tcd C:irWll..<:h 33% (..59) {6'1 (3) (3)

lnt~rnnl Cugtmi:- l'i;, (149) (4} i).) (2)

Nl.TNE\'r" StTE TRAFFK-YOI,Ul,,lE'S 5.IHI U.5 s,1 65

TOTAL HRIVEWA YTRAFFJC VOTX7\1F.S 14,,920 434 233 1/JJ

Notes: Trip gc:m.'r.ttion w .. 1s rnlcufar;;;J using !he follol'ling data from ff£ Tnp Gnu,riltfon. &vcnrh £r!irion:

D:1ily Tr.J.fft,; Gcm:rati1~n Shopping U..-nri:;r f]TE820] . l.J1!T1"'1J.(1:-i "/Jl{X.J < 5.83-

C.onvenience M;1rl;e1 u·! G.is Pump~; ,,

[lTUi53J . T = 54l.60(X.J

AlllOUtllCd Or Wa:;b!t. [iTE943l . T = I4.i2fX) 'I' 10

.-\M P'~l H,:mrTmffic G,mer.nfon

Shopping O:m.er [ITE ~201 a LatT}:0.ti0" lJ'1tX}-+ L29 ttil'fl.. in. 39% @LJ

CnHvcn\eno.:: M:u'k:t w/ Gus i'un1p;_1· !ITE85:3.l e T = f7.17(X}(50% la 50'°¼, Ou!)

Autom:ned (~r Wush:1; [ffE9481 . T = l4.12(X){50%· m. 50% out}

YM P~ Hour TiJ.ffk Gcncr.ition Shopping Ceuier j_ffE B20] . LnffJ=O_J½-" ln(X) i' .!"A (48% in, 5:!•PJ; DU!.J

O:.nvt:niencr: :tvfarket w/ Gas Pu,n~lll llTE853] . T = i9.22fXi (50',k m.50% outi

Automt,h:J C::ir W 1l.silJ:J [ffE 948J . T = l4.!1(X) {50% 111. 50% out)

t.:•~ri,_,-,4,J.,."_,-w-N~i.fc'L•S'.v..:,,1 .. ifJ m,i,m.-.m ,rif'</l/r."·1/,ir.,t,.:,,· r,~m, 1,i;, r"" - •~• 1..,~i.,t,J1rip -'l'"" :,:;r.dw~ u .. ~s

·=· Ave.r-Jf.\i": ITE ,:,tt$ 1.!!iluKJ a~ JTI;'. rap G,:u1.-r:iuun .Mi.Ul.ual dues ool p.u-:ide equation~

:.:: Eqn«iim,;; n,\f r.1tt-:..1re pti:wided ln tb~ ITE 'lrifl Gen~1:11itofl ).1~m,~I 1b~1efo,: ii!~ l'~l peM:bour rate w:,_~ n1u!tit>li:d try ;i f,;cror l():

;~; 3;,se,J on PM p.('lll;; tJ,y.ir as lbc ITE Trip Gcm:muon MaJl..tal rlocs nut pro,1& au A:\11:1.j..a11on nur r,11,:,

PM JlenkHour Tot:11 In Out

557 267 290 308 154. fj4

" 9 ,, 883 4.iO 453

(1..-C:4J (BC:,j \l,l.SJ (::!:!l) (116) {115)

(6) 13) (3,)

l9-J (-l-) (5)

353 !1.i 182

JJS3 4.11! 453

r.an Ki1lllilfHC!!1 &1...:anr -, ~oo fl.=i~1oc.

(,."i2ro7

ATTACHM!IT j

""'

' ~ ~ h w

' w ' [ I 0 " . ~

t :

'

,~or.rn1·mo,,------

CHM!ffT 4

~ n :~ HARBOR POINT LANDSCAPE PLAN l~DIAN Rl'Jl:R COUNTY FlORIDA

:~: ::~ ~:~E~'. '{" STA'C COM,.,lN' _

0)-00-00P.>< 02-0S-09PJ<

I

TREES ARE LIVE OAK AND ALLEE DRAKE ELM

ADJACENT TO LAKE BANK

J ui;,v

"" 0

1, Cj!jf_'yr, ) , ' , - -~ ~r--c:.-~,'" ,

TREES ARE BALD CYPRESS AND RED MAPLE

WITHIN LAKE BANK (~•'0 ~ •'"'> ,,.

C':: •:1;.~;.:rit{3,::~ ~~· ~

., ~ il/,'t·•1t V¥'1

\J,"\.r)'\. V' '"1-:,\• '-,~t::-J; »'tj

~ I _L

-~''bJ[~-1 ~~ TOP ~";tNy( ~El, = 11.25

1/ V 1L.: ;. ,I

25-YEAR / 24-HOUR PEAK EL. = 10.4±

3 -* n !_:::~ ¼- ,J/. 1

CONTROL EL. = 6.00 V ~

TOP OF LITTORAL ZONE EL.= 7.00

- ~

LITTORAL ZONE AQUATIC PLANTINGS

NOTE: BALD CYPRESS AND RED MAPLE TREES ARE FROM THE INDIAN RIVER COUNTY APPROVED LIST FOR LITTORAL ZONE TREE PLANTINGS

NAP INDIAN RIVER, LLC. 7500 COLLEGE PARl<cNAY

ffil llli(mJ m-u:,

FORT MYERS, FLORIOA33907

r,.,,

1l_' 2

BOTTOM OF RETENTION EL.=(-) 5.00

I

I .. '""- - I '""-''' OJ-'7<

""'"'"'"" ,.,.:,: •-1"

I ~,,......., ,,.,,.,

i :c'::.',:

LAKE CROSS SECTIONS NOTTO SCALE

~:Al;;:;-;,:';"" CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS

1708 21st STREET, VERO BEACH, FL 32960 TEL:(77.!)562-4191 FAX: (n2)51l:H160

TREES ARE LIVE OAK AND ALLEE DRAKE ELM -T"P-.,.."i'

ADJACENT TO LAKE BANK •~

TOP OF RETENTION EL. = 11.25

SLOPE BREAK EL. = 3.50

-:_____J1 2

JOH><"· 81.UM, P.E. DAio: Fl.Q,qlOA P.E. No. '5S1J c.,,nrn•ssocaie:s,,NC. c.o.,.w,as

-:_____J1 3

NO TREES PLANTED ON LAKE BANK WITHOUT LITTORAL ZONE

HARBOR POINT SHOPPING CENTER

5270 U.S. HIGHWAY 1 INDIAN RIVER COUNTY, FLORIDA

LAKE CROSS SECTION

@'""'~-~

SHEET

L-1 ~·~~

ATTACHMflT 5 - I:.

rn.[m)no-1111

7500 COLLEGE PARKWAY FORT MYERS, FLORIDA 33907

r.x, 1708 21st STREET, VERO BEACH, FL 32960

HARBOR POINT SHOPPING CENTER

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TO:

FROM:

DATE:

SUBJECT:


The Honorable Members of the Planning and Zoning Commission

pment Director

April 13, 2009

PUBLIC HEARING LDR AMENDMENT

[LEGISLATIVE]

Consideration of Proposed Amendments to Regulations for Changeable Copy and Electronic Message Signs within Special Corridors: Land Development Regulations Chapter 911

It is requested that the data herein presented be given formal consideration by the Planning & Zoning Commission at its meeting of April 23, 2009.

BACKGROUND

Within the unincorporated area of the county, several special corridors have been established as areas where special aesthetic regulations are applied. These corridors include areas along major roads such as: SR60, US Highway I, Roseland Road, CR 512, CR 510, SR A-1-A, 37th Street ( east of US Highway 1 ), Indian River Blvd, and Oslo Road. Within these corridor areas, special regulations apply to landscaping, architectural and building elements, and signage. These special corridor regulations are in addition to, and go "above and beyond", countywide development regulations.

On January 20, 2009, Todd Marshall, owner of a self-storage business within the US Highway 1 special corridor area, addressed the Board of County Commissioners (Board) and requested that the Board change current sign regulations which prohibit him from posting temporary or changeable copy signs to advertise business specials. Mr. Marshall asserted that such sign advertising was necessary and reasonable for businesses, especially in these challenging economic times. The Board indicated its agreement with Mr. Marshall and directed staff to report back with information on the issue.

On February 10, 2009, staff reported back to the Board and recommended that special sales advertising be allowed through design-controlled, permanent changeable copy signs rather than temporary sign allowances (see attachment #1). Staff also indicated to the Board that changeable copy signs could be regulated so as to meet acceptable aesthetic design standards. During discussion, some Board members indicated that gasoline prices displayed on dark background electronic signs were aesthetically acceptable. While noting that the purpose of sign regulations was primarily aesthetic, staff also stated that the intent of sign regulations was to prevent motorist distractions that can result from animated and certain types of electronic message signs. After consideration, the Board directed staff to initiate an LDR amendment to allow changeable copy signs within all special corridor areas.

F:\Community Development\Users\CurDev\P&Z\2009\Consideration of91 I Signs.rtf 1

Since the referenced Board meeting, staff has researched local government regulations and designs for changeable copy and electronic message signs and drafted an LDR amendment ordinance to allow such signs for commercial and industrial businesses within special corridors, under certain conditions. The Planning & Zoning Commission (PZC) is now to consider the draft ordinance and is to make a recommendation that the Board adopt, adopt with changes, or deny the proposed LDR amendments.

• PSAC Recommendation

At its March 19, 2009 meeting, the Professional Services Advisory Committee (PSAC) considered staffs draft ordinance and voted 8-0 to recommend that the Board of County Commissioners (BCC) adopt the proposed regulations with some changes (see attachment #5). Recommended changes included increasing the proposed amount of allowable electronic message copy area, and adding regulations that set brightness standards for electronic message LED lighting. Since the PSAC meeting, staff has revised the draft regulations consistent with the PSAC's recommendations.

EXISTING CONDITIONS

• Corridor Regulations

Currently, there are 5 special corridor areas in the county. Below is a list identifying each corridor and the year that the corridor and corresponding corridor regulations were established:

• Wabasso: 1996 • SR60: 1998 • North Barrier Island: 200 I • Roseland: 2003 • Other (major roads): 2005

Although there are some differences among the special regulations applicable within the various corridors, all 5 have the same restrictions on changeable copy and electronic message signs. Currently, all special corridor regulations prohibit electronic message signs, except for traffic regulatory/directional signs, and allow changeable copy signs only for theatres, places of assembly (e.g. churches, schools, auditoriums), and gasoline stations (for posting of prices). At present, there is no allowance for changeable copy signs or electronic message signs associated with commercial and industrial uses. Where changeable copy signs are allowed, the copy area of the changeable copy may not exceed 80% of the overall sign copy area.

For the many years that special corridor regulations have been in effect, few changes or adjustments have been made to the regulations. In 2000, two changes were made to the SR60 corridor regulations. Both changes related to signage. One change established a sign height "step-down" transition from the 50' tall I-95 signs allowed at the SR60 interchange to the 10' tall monument sign restrictions in effect throughout the majority of the corridor. The other regulation change allowed a greater amount of window signage than originally established. Both changes were initiated by owners of businesses affected by the special regulations.

• Sign Brightness Regulations

Although the corridor regulations do not address sign lighting brightness or intensity, the countywide Chapter 956 sign regulations provide a general, non-quantitative standard and quantitative standards for certain types oflighted signs (see attachment #6). The non-quantitative standard requires sign lighting to be shielded from adjacent properties and designed so as not to impair the vision of motorists. The existing countywide quantitative standards apply to non-LED (Light Emitting Diode) types of sign lighting. There are, however, no LED intensity standards in existing county regulations.

F:\Community Development\Users\CurDev\P&Z\2009\Consideration of9 l l Signs.rtf 2

ANALYSIS

• Regulation and Design Options

As part of its research, staff surveyed local government regulations for "changeable message" signs (includes changeable copy and electronic message signs). The results of that survey indicate that most jurisdictions prohibit animated signs (signs with moving parts) and/or flashing signs (see attachment #2). Survey results also indicate that special design and operational criteria are fairly common for electronic message and changeable copy signs. While several jurisdictions limit the frequency of message changes to prevent motorist distractions from electronic message signs, the allowable frequency of message changes varies greatly from jurisdiction to jurisdiction, ranging from once every 2 seconds to once every 24 hours. In staffs opinion, Vero Beach's restriction that limits electronic message sign changes to once every 30 seconds effectively prevents motorist distractions.

The survey results also indicate that several jurisdictions also limit the copy area of changeable copy and electronic message signs to provide an aesthetic, permanent sign "header". Such copy area restrictions vary significantly from jurisdiction to jurisdiction, ranging from 20% to 90% of the overall sign copy area. In staffs opinion, Indian River County's current 80% copy area allowance for changeable copy signs serving theaters and places of assembly are reasonable for those uses, since those uses traditionally involve weekly changes in events and programs. It is also staffs opinion that other commercial and industrial uses would rely on such sign changes to a lesser degree than theaters and churches. Therefore, it is staffs opinion that there should be a smaller percentage ( <80%) of copy area for the changeable copy portion of commercial/industrial changeable copy signs.

Based on a field survey of existing changeable copy and electronic message signs within the City of Vero Beach, it is staffs opinion that electronic message signs are of equal or greater aesthetic quality compared to changeable copy signs. Therefore, staff proposes to allow the same amount of sign area for electronic message signs as for changeable copy signs. Staff also concluded that a 40% maximum area for changeable copy or electronic message area provides a good aesthetic proportion of permanent sign area to changeable/electronic message sign area. Therefore, the proposed ordinance allows up to 40% changeable copy or electronic message copy area for commercial and industrial signs within the corridors.

With respect to electronic message signs, it is staffs observation that such signs are aesthetically acceptable ifa black background is used. With respect to changeable copy signs, it is staffs experience that background color is also an important aesthetic consideration. Unlike electronic message signs, changeable copy signs tend to have black or dark letters on a white or light background. Staffs experience with changeable copy signs is that an offwhite background, instead of an intense white background, is generally more aesthetic and still provides enough contrast for easy readability.

With respect to lighting intensity (brightness) regulations for electronic message LED signs, staff found that many local jurisdictions now include quantitative standards as well as general standards such as those currently found in Chapter 956. Such quantitative standards are intended to prevent excessive brightness that may distract motorists or cause nmsances.

For its analysis, staff reviewed quantitative lighting brightness standards of 10 local governments, and found that the LED standards use an intensity measure known as NITS or candelas per square meter ( cd/m2

). This measurement is taken at the sign surface. In the case of every jurisdiction surveyed, there was a daylight maximum and a much lower (less bright) maximum from dusk to dawn. These differences are based on the fact that lighting intensity as perceived by the naked human eye is greatly affected by background lighting levels and contrast. Most jurisdictions surveyed had a daylight maximum of 5,000 NITS and a dusk to dawn maximum of 500 NITS (see attachment #7). In addition, most of the surveyed jurisdictions required electronic LED signs to be equipped with dimmer systems that automatically dim the sign brightness when background lighting levels decrease. Such systems are necessary to ensure compliance with LED brightness standards.

F:\Community Development\Users\CurDev\P&Z\2009\Consideration of91 l Signs.rtf 3

• Proposed Regulations

The proposed ordinance provides the same regulations for changeable copy and electronic message signs in all 5 special corridors. The proposed regulations:

Specify that electronic message signs with dark background are allowed for up to 40% of the overall copy area for a sign serving a commercial or industrial use. In addition, the frequency of electronic message changes is limited to no more than once every 30 seconds ( the same as Vero Beach's requirement). All other electronic message sign prohibitions (e.g. no flashing) will remain in place.

Retain the current allowance for changeable copy signs for theaters and places of assembly (using the new phrase "institutional/civic") and retain the current allowance for up to 80% of the overall sign copy area to be changeable copy.

Allow changeable copy signs for commercial and industrial uses, subject to the following two design criteria:

1. The changeable copy area may not exceed 40% of the overall sign copy area.

2. The changeable copy area background may not be pure white, but may be a light color such as light gray or light beige.

Allow electronic message LED sign brightness ofup to 5,000 NITS during daylight background lighting conditions and up to 500 NITS during dusk to dawn background lighting conditions.

Require electronic message LED signs to be equipped with automatic dimmer systems that respond to background lighting conditions.

In staffs opinion, the proposed changes reasonably accommodate the need for businesses to advertise special sales and events on permanent signs while maintaining adequate aesthetic controls for such signs.

• Cost, Benefits, Fiscal Impacts

The proposed regulations will not impose additional requirements or costs on property or business owners. Rather, the proposed regulations will provide an additional option to such owners. In addition, there should be no increased costs to the county or increased obligation to provide services. Therefore, there should be no fiscal impact to the county if the proposed regulations are adopted.

RECOMMENDATION:

Staff recommends that the Planning & Zoning Commission recommend that the BCC adopt the proposed LDR amendments related to special corridor regulations for electronic message and changeable copy signs.

ATTACHMENTS:

1. Staff Report from February 10, 2009 BCC meeting 2. Summary of Local Government Regulations for "Changeable Message" Signs 3. Signs Prohibited County-wide 4. Selected Sign-related Definitions from Indian River County LDRs Chapter 901 5. Excerpts from Draft Minutes of the March 19, 2009 PSAC Meeting 6. LDR Section 956.14(5) General Sign Lighting Standards AP'P"ROVED AS TO FORM 7. Chart: Summary of Electronic LED Sign Brightness Regulations 8. Luminance and Lighting Terms 9. Proposed Ordinance ::~~--F:\Community Devclopment\Users\CurDev\P&Z\2009\Consideration of9 l 1 Signs.rtf

GEOII.GEA.GL&IN ASSISTANT COUNTY ATTORNIY

4

INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM

TO: Joseph A Baird; County Administrator

·FROM: evelopment Director

DATE: January 30, 2009

SUBJECT: Status Report on Stow-A-Way Storage Sign Issue

COMMUNITY DEVELOPMENT

l~A1

It is requested that the data herein presented be given fonnal consideration by the Board of County Commissioners at its regular meeting of February 10, 2009.

DESCRIPTION & CONDITIONS

At the January 20, 2009 meeting of the Board of County Connnissioners, Mr. Todd Marshall addressed the Board during the Public Discussion Items portion of the agenda. Representing StowA-Way Storage, Mr. Marshall requested that the Board institute a temporary moratorium on sign code enforcement. During his presentation, Mr. Marshall indicated that his objective was to obtain more signage/visibility for his US l business.

After Mr. Marshall's presentation, the Board asked staff to respond. In so doing, staff indicated that instituting a sign ordinance enforcement moratorium would be problematic .. Staff; however, did note that there was an opportunity for more signage on the Stow-A-Way Storage site and offered to work with Mr. Marshall on the sign issue.

Consequently, the Board directed staff to work with Mr. Marshall and report back to the Board at its February 10th meeting. This is the status report requested by the Board,

ANALYSIS

Since the January 20, 2009 Board of County Commissioners meeting, staffhas analyzed the Stow-AWay Storage site for additional signage allowances and has met with Mr. Marshall. Consequently, it appears that the Stow-A-Way Storage sign issues have been resolved.

According to staff's analysis, the Stow-A-Way Storage site can accommodate additional signage based on current County sign regulations. Because of the length of the site's US! and Old Dixie frontages, additional freestanding signage is allowed on both frontages. In fact, the additional US 1

F:\Community Development\Users\CDADMlN\AGENDA\2009\Status Report o Stow•A•Way Storage Sign Issue.doc

ATTACHMtMT 1 1 1 1 2

sign allowed by the County's existing sign regulations could be even larger than the business's existing US 1 sign if the additional potential signage allowed on Old Dixie were transferred to the US 1 frontage.

Besides the additional freestanding signage allowed, existing sign regulations permit fayade signage on the storage units, provide for directional signs at entrances, allow the existing freestanding signs to be located closer to the road, and permit landscaping modifications to improve sign visibility.

During his discussions with staff; Mr. Marshall indicated that he would pursue some of these allowances and indicated that these allowances would provide better visibility for his business .. He did, however, indicate that. his business would benefit from having a permanent changeable copy sign which would allow him to advertise reduced prices and special rates. Currently, County regulations prohibit changeable copy signs in designated corridor areas such as USl.

Staff's position is that it would be appropriate to modify corridor sign regulations to allow changeable copy signs.which meet certain design criteria. In Mr. Marshall's case and in the case of other business owners, a changeable copy sign would provide many of the benefits that could be derived from temporary signs such as sandwich boards and banners and would be more aesthetically pleasing.

As structured, corridor sign regulations restrict sign type, color, and size primarily for aesthetic purposes. With respect to changeable copy.signs, aesthetics is the reason that they are prohibited in corridor areas. In researching changeable copy signs, staff has determined that such signs could be designed such that their appearance could be consistent with existing corridor sign regulations.

Because the County's current Land Development Regulations (LDRs) prohibit changeable copy ·signs within corridors, any modification of that requirement would require amendment of the LDRs. That process requires review of the proposed amendment by the Professional Services Advisory

Committee (PSAC) and public hearings before the Planning and Zoning Commission and the Board of County Commissioners. For that reason, the amendment process could take several months.

RECOMMENDATION

Staff recommends that the Board of County Commissioners direct staff to initiate an LDR amendment to allow changeable copy signs in all designated corridor areas in the County.

APPROVED AGENDA ITEM: Indian River Co, Approved

Admin.

FOR: d/4.u+--y /di ,,2(J/J L Legal

Budget

BY:~~~~--Dept.

Risk Mgr.

F:\Community Development\Users\CDADMIN\AGENDA\2009\Status Report o Stow-A-Way Storage Sign Issue.doc

Date

ATTACKMEMT 1 2 113

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Jurisdiction

Indian River County

Note: Special Corridors include:

• Wabasso

• SR60 • North Barrier Island • Roseland

• Other/Major Roads: US!, Oslo, "west" CRS l O and CRS 12, Indian River Blvd, 37th Street Medical Node

Vero Beach

Sebastian

Brevard County

St. Lucie County

Summary of Local Government Regulations for "Changeable Message" Signs

Prohibited Signs Allowable Signs

Countywide: animated, flashing, and Countywide: electronic portable ( e.g. sign trailer) message (includes Special corridors: (additional time/temperature), changeable prohibitions) electronic message, copy changeable copy except for theaters, Special corridors: changeable places of assembly, gasoline prices copy allowed with condition

for theaters, places of assembly, and gasoline prices only

Animated Electronic message centers, time/temperature, changeable conv

Animated Changeable copy, time/temperature, rotating barber oole

Animated Changeable copy, electronic message centers

Animated Changeable copy, electronic message allowed with conditions

f\J F:\Community Development\Users\CurDev\PSAC\2009 PSAC\LocalRegschangeablemessage.doc

Feb/March 2009

Comments

Where changeable copy signs are allowed, the changeable copy area cannot exceed 80% of the overall sign copy area

In practice, electronic messages cannot change more often than once everv 30 seconds

Changeable copy area cannot exceed 90% of total sign area Reflects regulation changes made January 2009 Changeable copy and electronic message: no special conditions if changed no more than once every 24 hours. If changed more frequently, then limited to 30 sq. ft. and cannot change more frequently than every 5 seconds

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J urisdictiou

Martin County

Palm Beach County

Collier County



Animated, flashing, portable For commercial, industrial, or public service activities:

• time/temperature

• changing message devices ( e.g. changeable copy)

allowed with conditions Electronic message prohibited in Changeable copy, electronic Westgate Community Redevelopment message, time/temperature Overlay Area allowed with conditions

Animated, "fluctuating" illuminated, Changeable copy, electronic message except time/temperature time/temperature

1\..1.:\Community Development\Users\CurDev\PSAC\2009 PSAC\LocalRegschangeablemessage.doc

Feb/March 2009

Comments

• time/temperature allowed if message displayed for at least 10 seconds

• changing message devices allowed if not changed more than once everv 24 hours.

• Changeable copy: no special restriction for public/civic, theatre, fuel price, and time/temperature. For other uses, changeable copy cannot exceed 20% of sign area

• Electronic message: restricted to regional facilities and places with serial performances. Electronic message cannot exceed 50% of sign area, change more frequently than every 2 seconds, or use lamps/bulbs exceeding 30 watts

• Time/temperature: cannot exceed 20 sq. ft.

2

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Jurisdiction

Holly Springs, NC

Westmoreland County, PA

St. Joseph County, Ind

Ft. Worth, TX



Changeable copy aud electronic message allowed with conditions

Changeable copy allowed with conditions

Changeable copy Electronic message allowed with condition

Animated, flashing Electronic message allowed with conditions

(\.J F:\Community Developrnent\Users\CurDev\PSAC\2009 PSAC\LocalRegschangeablemessage.doc

Feb/March 2009

Comments

Changeable copy and electronic message conditions:

• 1 per site or street frontage

• Changeable copy not to exceed 40% of sign area

• Electronic message not to exceed 20% of sign area

Changeable copy conditions:

• 1 per site or street frontage

• Changeable copy area not to exceed 20 sq. ft. or 4 lines of copy

• Characters securely fastened and neatly maintained

Electronic message cannot change more frequently than 6 times per minute Electronic message conditions:

• Cannot exceed 25% of sign area

• Cannot contain animation, running letters, rolling or flashing message

• Cannot change more frequently than once every 20 seconds with at least a 1 second interval between message changes

3

Signs Prohibited County-wide

Section 956.12. Prohibited signs.

(1) The Following signs are prohibited as of the effective date of this chapter. Such signs have been found to violate the purpose, intent, and specific provisions of the sign regulations and shall be removed in accordance with notice rendered by the code enforcement officer.

(a) A sign which falsely simulates emergency vehicles, traffic-control devices, or official public signs;

(b) Snipe signs, sandwich signs, other portable signs, and add-on signs;

( c) A sign found by the code enforcement official to be structurally unsafe or a hazard to public safety or to life or limb, including signs creating a fire hazard;

( d) A sign obstructing any motorist's view of a street or intersection. The minimum allowable site distance shall be in accordance with county landscape regulations;

(e) An abandoned off-premise sign; any abandoned, nonconforming on-premise sign;

(f) A series of two (2) or more signs which must be read together to obtain a single message;

(g) Flashing signs except for public signs permitted pursuant to subsection 956. l 1(2)(b );

(h) Animated signs, including swinging signs;

(i) A sign which obstructs any fire escape, any window, or door or other opening used as a means of ingress or egress so as to prevent free passage of persons;

(j) Any sign which interferes with openings required for ventilation;

(k) Banners, flags, or balloons used to attract attention to industrial, commercial or residential establishments, excepting flags pursuant to section 956. l 1(2)(i);

(1) Any sign placed without a permit after the effective date of this chapter when a permit is required;

(m) Signs in violation of subsection 956.14. If a sign is prohibited and the sign is a type that can be brought into conformance with this chapter, the owner or lessee of the sign can elect to bring the sign into conformity rather than remove the sign;

(n) Buildings and/or signs which resemble in configuration or design a product for sale such as, but not limited to, hot dogs, hamburgers, ice-cream cones, shoes or automobiles are prohibited in the unincorporated areas ofindian River County;

( o) Roof signs ( excepting allowable mansard roof signs and religious symbols incorporated as part of the building plan for a steeple or other similar structural component of a place or workshop). No sign shall project above a roof line or deck line for mansard roofs. The portion of a mansard roof located below the deck line shall be eligible for placement of a facade sign. Indian River County is located in a Florida coastal region confronted with the

F:\Comrnunity Development\Users\CurDev\PSAC\2009 PSAC\signsprohibitcountywideIRC.doc ATTACHM£NT 3 1

annual threat of hurricanes and related destructive natural events. Therefore, special limitations against rooftop signs are deemed within the public interest in order to minimize future hazard potential.

(p) A sign four ( 4) square feet or larger in size which is affixed to, attached to, or located on a parked vehicle such that the sign is visible from a public right-of-way, unless said vehicle is parked in a designated parking area and is used in the normal day-to-day operations of the premise business or unless said vehicle is involved in a visit to the site related to regular business operations. This prohibition does not apply to signs required by law, ordinance or regulation. The intent of this prohibition is to prohibit vehicles from being utilized as on-premise or off~premise signs except as incidental to bona fide vehicle use.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 30, 9-29-92)

F:\Community Development\Users\CurDev\PSAC\2009 PSAC\signsprohibitcountywidelRC.doc ATTACHMENT 3 2

Selected Sign-related Definitions from Indian River County LDRs Chapter 901

Sign any writing (including letter, word, or numeral); pictorial representation (including illustration or decoration); emblem (including service mark, symbol, or trademark) except a religious emblem; flag (banner or pennant); any other figure or character or any structure or part thereof on which such writing, pictorial representation, emblem, flag, or other figure or character is installed or placed ( except a building to which the same may be attached) which:

(a) Is used to inform, attract attention, or advertise; and,

(b) Is readily visible from any public place off the premises where the sign is located.

Whenever the word "sign" appears in Chapter 956, Signs, it shall include "advertising structure." In addition, whenever the word "sign" is used it shall include buildings or other structures shaped to resemble in configuration or design a product for sale such as, but not limited to, hot dogs, hamburgers, ice cream cones, shoes, automobiles, or fruit.

Sign, animated a sign with physical action or motion or the appearance thereof, using manmade or wind actuated elements, including rotating, oscillating, fluttering, flashing, or swinging signs, streamers, balloons, or banners, but excluding allowed flags, traditional barber poles, electronic adjustable alternation displays, and time/temperature units.

Sign, area of sign the area of the single face side of the sign within a perimeter which forms the outside shape, including any frame forms and integral parts of the display, but excluding the necessary supports, pole covers, or uprights on which the sign may be placed. The copy area of the sign shall be the actual area of the sign copy applied to any background as computed by straight lines drawn closest to copy extremities encompassing individual letters or words.

Sign, changeable copy a sign which has message characters that are not permanently attached to the sign, but which are attached to permit numerous changes of the message on the sign without repainting of any part of the sign or removal of any parts of the sign except the message characters.

Sign, flashing any sign with a light or lights which flash, blink, change in intensity or otherwise create the illusion of flashing or movement.

Sign, illuminated a sign which gives forth artificial light or reflects such light from an artificial source.

Sign, message center any sign that can automatically display words, numerals, and/or characters in a programmed manner.

Sign, revolving see "animated sign."

Sign, rotating see "sign, animated."

Sign, swinging any sign installed by any means which allows the sign to swing back and forth by wind action.

Sign, time and temperature a display containing illuminated numerals flashing alternately to show the time and/or temperature.

F:\Community Development\Users\CurDev\PSAC\2009 PSAC\selectedsignrelateddefsIRC.doc ATTACHMENT 4

PROFESSIONAL SERVICES ADVISORY COMMITTEE

There was a meeting of the Indian River County (IRC) Professional Services Advisory Committee (PSAC) on Thursday, March 19, 2009 at 12:15 p.m. in the First Floor Conference Room "B1-501" of the County Administration Building "B", 1800 2ih Street, Vero Beach, Florida.

Present were Peter Robinson (arrived at 12:25 p.m.}, Development Appointee; Todd Smith, Engineer Appointee; Stephen Moler (arrived at 12:36 p.m.), Engineer Appointee; Linda Schlitt Gonzales, Real Estate Broker Appointee; Warren Dill, Law Appointee; John Blum, Civil Engineer Appointee; Robert Gaskill, Architect Appointee; and Jon Day, Environmental Issues Appointee.

Absent were Alan Schommer, General Contractor Appointee; Robert Poore, Alternate; George Kulczycki, Forester, Biologist, Botanist, Horticulturalist, or Arborist Appointee (all excused); Robert Brackett, Finance and Business Appointee; Frank Johnson and Mark Scott, Alternates (unexcused).

Also present were IRC staff: Stan Boling, Planning Director; Bob Keating, Community Development Director; Will Collins, County Attorney; and Misty L. Horton, Commissioner Assistant, District 1. Others present: Charlie Wilson, Interested Party.

Please note: You may hear an audio of the meeting; review the agenda and the minutes on the IRC website - www.ircgov.com/Boards/PSAC/2008. Please note listed at the end of each agenda item refers to time location of these items on the audio recorded of the meeting.

Any residents interested in serving on a board or committee, an educational tool to gain an understanding of State of Florida laws regarding government in the sunshine, public records, and ethics is available for review on the IRC website -http://www.ircgov.com/Boards/Sunshine Presentation.pdf.

Call To Order

Chairman Smith called the meeting to order at 12:15 p.m.

A discussion followed on the efficiency and effectiveness of the protocol this Committee was operating under, specifically communication from members to staff and the formation of subcommittees.

Mr. Peter Robinson arrived at 12:25 p.m.

PSAC/Unapproved 1 March 19, 2009 C:\Documents and Settings\mbowdren\Local Settings\Temporary Internet Files\OLK27\Min03 19 09.doc

ATTACHM£NT 5

Election of 2009 Chairman and Vice-Chairman (12:30 p.m.)

ON MOTION BY Mr. Blum, SECONDED BY Mrs. Gonzalez, the members voted unanimously (7-0) to reelect Mr. Smith as Chairman of the Professional Services Advisory Committee for 2009.

ON MOTION BY Mr. Gaskill, SECONDED BY Mr. Day, the members voted unanimously (7-0) to re-elect Mr. Dill as Vice Chairman of the Professional Services Resources Advisory Committee for 2009.

Approval of Minutes of the October 23, 2008 Meeting (12:32 p.m.)

ON MOTION BY Mr. Robinson, SECONDED BY Mrs. Gonzalez, the members voted unanimously (7-0) to approve the October 23, 2008 minutes, as presented.

Mr. Stephen Moler arrived at 12:36 p.m.

Old Business

None

New Business

A. Consideration of Amendments to Regulations Affecting Changeable Copy and Electronic Signs within Special Corridors, LDR Chapter 911

Mr. Stan Boling, Planning Director summarized the memorandum dated March 12, 2009 , with attachments, and presented a Powerpoint, copies of which are on file with the Commission Office.

Mr. Boling read an email statement in opposition from Mr. Gene Waddell, Chairman of the State Road 60 Corridor Taskforce, who could not attend this meeting, a copy of which is on file with the Commission Office.

Mrs. Gonzalez expressed her preference of ordinance language to reflect the spirit of being more user friendly, by replacing the word "limited" with "allow".

Mrs. Gonzalez pointed out theaters should be included where eighty (80) percent of actual sign area for display are allowed.

PSAC/Unapproved 2 March 19, 2009 C:\Documents and Settings\mbowdren\Local Settings\Temporary Internet Files\OLK27\Min03 19 09.doc

For commercial business, the changeable portion of electronic message copy area does not exceed 40% and the changeable portion of a manual message copy area does not exceed 50% of the overall sign copy area

ON MOTION BY Mr. Gaskill, SECONDED BY Mr. Robinson, the members voted unanimously (8-0) to amend the proposed LDR amendments related to special corridor regulations for electronic message and changeable copy signs for commercial business to indicate the changeable portion of electronic message copy area does not exceed 40% and the changeable portion of a manual message copy area does not exceed 50% of the overall sign copy area.

ON MOTION BY Mr. Gill, SECONDED BY Mr. Gaskill the members voted unanimously (8-0) to direct staff to investigate the brightness of the LED lights to set regulations and to include theaters where eighty (80) percent of actual sign area for display were allowed. (1:15 p.m.)

Consideration of Amendments to Board of Adjustment nd Variance Regulations Providing for Temporary Suspen · ns of

mpliance, LDR Chapter 902

Mr. Boling utlined the memorandum dated March 13, 09, with attachments, and presented a P erpoint, copies of which are on file · the Commission Office. He reminded the Com ·ttee it was the Board of County ommissioners intent to allow businesses to get into o eration more quickly than nder the current Certificate of Occupancy (CO) process.

A lengthy discussion ensu d regardin O compliance process for development projects.

Chairman Smith commented · tl4 developers were given a break by this new ordinance, then take advantage the bre k by walking away from the punch list and the matter goes before the de Enforcem nt Board (CEB), as an expense to the taxpayers, he would like t see a letter of ac owledgement indicating if the matter would go before the CE on any of the issues on punch list, it would be considered blatant disregard an e CEB had the authority to aff1 a fine.

Mr. Willi Collins, County Attorney, informed the mmittee the CEB has the discretion a o what fines were set and usually a first violat1 may be minimal, e.g., $100 per ay; however, with a blatant disregard the CEB would ve the power to fine as mu as $500 a day.

PSAC/Unapproved 3 Ma 19, 2009 C:\Documents and Settingslmbowdren\Local Settings\Temporary Internet Files\OLK27\Min03 1 09.doc

ATTACHMENT 5

Attachment for Proposed LDR Amendment is Chapter 902, Administrative Mechanisms

Section 956.14. General sign regulations.

(5) Illuminated signs.

(a) The light from any illuminated sign or from any light source shall be shielded and directed away from abutting properties and shall not impair the vision of motorists.

(b) No signs except message center signs and time and temperature signs shall have exposed fluorescent lighting.

(c) No signs shall be displayed that are fluorescent or phosphorescent. No light sources such as strip lighting or streamers shall be allowed along rooflines or above the roof. No sign shall have a light source which exceeds the following criteria for light intensity. Reflective vinyl sheeting shall be exempted from this chapter.

( d) No flashing signs shall be permitted, except time and temperature signs, public signs and electronic message centers.

Light Source

Exposed bulbs Luminous background Illuminated

Figure 1: Thresholds for Light Intensity Maximum Light Intensity By Zoning District

ALL RS, RM, RMH, All OCR, CN, and MED, and CRVP Zoned CL Zoned Districts Districts 10 watts 30 watts 90 foot lamberts 150 lamberts

50 ft. candles 50 ft. candles

F:\Community Development\Users\CurDev\ORDINANCE\2009\956.14(5) sign ordinance.RTF

All A-1, A-2, A-3, CG, CH, IL, and IG Zoned Districts 30 watts 200 foot lamberts

7 5 foot candles

ATTACHMENT #6

!;

~ ~

I • .... -......i

Summary of Local Government Regulations for Electronic LED Sign Lighting Intensity (Brightness)

Jurisdiction LED Brightness Standard Comments Bay County, Florida Daylight maximum: 5,000 Nits* Most often used standard in current/updated

Dusk to dawn maximum: 500 Nits sign ordinances.

Abilene, Texas Daytime maximum: 7,000 Nits • In addition to quantitative standards, Night maximum: 1,000 Nits Public Works Director may order

brightness reduced or other alterations if deemed a traffic hazard.

• If sign faces a residence and is within I 00 feet of said residence, reduced to 250 Nits at night.

Bloomington, Minnesota Daylight maximum: 5,000 Nits • Like most ordinances, this regulation Dusk to dawn maximum: 500 Nits specifies that the brightness is

measured at the surface of the sign face.

• Requires automatic dimmer control.

Eden Prairie, Minnesota Daylight maximum: 5,000 Nits • Requires sign to have adjustable Dusk to dawn maximum: 500 Nits dimmer control.

• Sign application form requires applicant to specify the daylight and dusk to dawn brightness of the sign and to verify that the sign is equipped with a dimmer control.

Loveland, Colorado Daylight maximum: 5,000 Nits • Proposed to require automatic dimmer [Proposed January 2009] Dusk to dawn maximum: 500 Nits software and solar sensors.

• Daylight brightness cannot exceed 70% of maximum sign brightness output; dusk to dawn brightness cannot exceed 15% of maximum sign brightness output.

*Nits = candela per square meter ( cd/m2) at the sign face surface

F:\Community Development\Users\CurDev\ORDINANCE\2009\sumoflocalgovelecsigns.RTF

~ l,; ::c ! :z -I

-..J

Summary of Local Government Regulations for Electronic LED Sign Lighting Intensity (Brightness)

Marshfield, Wisconsin Daylight maximum: 5,000 Nits* Dusk to dawn maximum: 500 Nits

Middleton, Wisconsin Daylight maximum: 5,000 Nits Dusk to dawn maximum: 500 Nits

San Antonio, Texas Color Daytime Nighttime • Standards distinguished by color of the lighting used on the message board.

[Electronic Billboard Signs] Red 3,150 Nits 1,125 Nits • In addition to quantitative standards, Green 6,300 Nits 2,250 Nits general standard also applied: intensity Amber 4,690 Nits 1,675 Nits cannot impair or cause nuisance to a Full Color 7,000 Nits 2,500 Nits motorist.

• Requires automatic dimmer to adjust brightness to ambient conditions.

Seattle, Washington Video display dusk to dawn maximum: 500 • No brightness standard specified in Nits code for daylight hours.

[Video Display Signs] • Video display signs prohibited in special commercial and residential districts.

Tukwila, Washington Daylight maximum: 5,000 Nits • Requires each sign to have an ambient Dusk to dawn (cloudy): 500 Nits light monitor to automatically adjust

the brightness level based on ambient conditions ( e.g. cloudiness)

NOTES: I. LED - based indoor advertisement displays, such as those common inside airports, typically have a brightness of between 400 Nits

and 500 Nits.

2. The latest Times Square sign (Walgreens, went live November 2008) is 17,000 square feet in area and has a brightness ofS,000 Nits. According to a New York Times reviewer, "If you're walking by at night, you might want to put on your sunglasses".

3. Federal Highway Administration guidelines for electronic message signs include a recommendation to require adjustment of sign brightness to changes in background light levels.

*Nits = candela per square meter ( cd/m2) at the sign face surface

F:\Community Development\Users\CurDev\ORDINANCE\2009\sumoflocalgovelecsigns.RTF

Luminance I Photometric Brightness I Nit I Stilb I Apostilb I Blonde! I Lambert I Footlamb... Page 1 of2

• Lighting Design Knowledgebase

Lighting Design Glossary

Luminance

Photometric brightness is an old and deprecated term for luminance.

(Term of photometry)

The physical measure of brightness. Luminous intensity per unit projected area of any surface, as measured from a specific direction.

Luminance (usually 'L' in formulas) is the amount of visible light leaving a point on a surface in a

given direction. This "surface" can be a physical surface or an imaginary plane, and the light leaving the surface can be due to reflection, transmission, and/or emission

Standard unit of luminance is candela per square meter {cd/m'). (also called Nits in the USA, from latin "nitere" = "to shine").

There are several older units of luminance:

Apostilb (deprecated) 1 asb = 1/pi cd/m2

Blondel (deprecated) 1 blondel = 1/pi cd/m2

Candela per square foot 1 cd/ft2 = 10. 764 cd/m2

Candela per square inch 1 cd/in2 = 1550 cd/m 2

Footlambert (deprecated) 1 fl = 3.426 cd/m 2

Lambert (deprecated) 1 L = 1 0'/pi cd/m 2

Nit 1 nit = 1 cd/m 2

Skot (deprecated) 1 skol = 1 o·'tpi cd/m 2

Stilb (deprecated) 1 sb = 10'000 cd/m2

Typical luminance values are:

1.6 * 10' cd/m2 Solar disk at noon (don't look!)

600'000 cd/m2 Solar disk at horizon 120'000 cd/m2 Frosted bulb 60 W

11 '000 cd/m2 T8 cool white fluorescent

8'000 cd/m2 Average clear sky 2'500 cd/m2 Moon surface 2'000 cd/m2 Average cloudy sky

ATTACHMENT 8 http://www.schorsch.com/kbase/ glossary/luminance.html 3/27/2009

Luminance I Photometric Brightness I Nit I Stilb I Apostilb I Blonde! I Lambert I Footlamb... Page 2 of2

30 cd/m2 Green electroluminescent source

0.0004 cd/m2 Darkest sky

References:

English luminance

candela per square foot candela per square inch

brightness light luminous intensity photometry

German Die Leuchtdichte Die Candela pro Quadratful),

Die Candela pro Quadratinch;

http://www.schorsch.com/kbase/glossary/luminance.html Copyright© 1998-2003 Georg Mischler. All rights reserved.

http://www.schorsch.com/kbase/glossary/luminance.html ATTACHMENT 8

3/27/2009

2009-

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING; BY AMENDING WABASSO CORRIDOR SPECIFIC DEVELOPMENT REGULATIONS SECTION 911.18, BY AMENDING SR60 CORRIDOR SPECIAL SIGN REGULATIONS SECTION 911.19, BY AMENDING NORTH BARRIER ISLAND CORRIDOR SPECIAL DEVELOPMENT REGULATIONS SECTION 911.20, BY AMENDING ROSELAND CORRIDOR SPECIFIC DEVELOPMENT REGULA TIO NS SECTION 911.21, AND BY AMENDING OTHER CORRIDOR SPECIAL SIGN REGULATIONS SECTION 911.22, AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS:

SECTION#l:

Amend LOR section 911.18(3)(d) (3) and (8), a portion of the "Special sign regulations" section of the Wabasso corridor special development regulations, to read as follows:

(3) Specific development regulations within the Wabasso Corridor. In the Wabasso Corridor, the following special regulations shall apply to new non-residential and mixed use ( combination of residential/commercial) development that requires major site plan approval.

( d) Special sign regulations.

(3) Prohibited signs (this is in addition to sign ordinance section 956.12 prohibitions): The following are prohibited:

Prohibited signs:

a. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. Public signs permitted pursuant to sign ordinance section 956. l 1(2)(b) are excluded from this prohibition and are allowed.

!J. Bleetronie message !Jeards and message centers, eleetrenie adjusta!Jle alternatien displays, er any sign that autematieally displays werds, numerals, and er eharaeters in a programmed marrner. Trnffie regulatery and direetienal signs permitted pursuant te sign erdinanee seetien 956.11(2)(\J) are eJrnluded frem this prehi!Jitien and are allewed.

&.-b. Portable or trailer style changeable copy signs.

4.-c. Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

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I

ATTACffMfffT 9

2009-

e-cd. Strings of light bulbs used on non-residential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year..

fe. Signs that emit audible sound, odor, or visible matter, such as smoke or steam.

g,f: Plastic or glass sign faces (including but not limited to: acrylic, LexanR, or PlexiglasR). High density polyurethane and PVC are exempt from this prohibition. Portions of a sign which are changeable copy are exempt from this prohibition. When used in conjunction with cut-out or routered metal cabinets, plastic used only for copy or logos is exempt from this prohibition. Plastic used for illuminated individual channel letters or logos is exempt from this prohibition. Although highly discouraged, a plastic sign face will be allowed only when all of the following requirements are met for the plastic portions of a sign:

1. Plastic shall be pan formed faced ( embossed and/or debossed copy and logos are encouraged).

11. Regardless of the opaqueness of a sign, all plastic signage backgrounds shall be a dark color to reduce light transmission from signage background); white background shall not be allowed. All signage background colors shall be limited to those colors with a formula having a minimum black content of eleven (11) percent, and a maximum white content of forty-nine ( 49). Color formulas will be based on the Pantone Matching SystemR.

111. All color must be applied on the "second surface" (inside face of plastic).

1v. Nothing shall be applied to the "first surface" (outside face of plastic) (i.e.: paint, vinyl, etc.,)

lr.g, Neon and similar tube, fiber optic, and intense linear lighting systems, where the neon or lighting tube or fiber is visible.

hh. Plywood used for permanent signs.

f.-!: Any material used in such a manner for a permanent sign that results in a flat sign without dimension, having a semblance to a "plywood or temporary looking sign."

lt-1 Installation ofan additional sign (or signs) that does not harmonize with the design or materials of the initial sign, such as:

1. Rear illuminated plastic faced sign with a "wood look" front illuminated sign.

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9

2009-

11. Combination of signs with cabinets, faces or structure of awkwardly different materials or proportions.

111. Attachment or mounting of signs where mounting hardware is left exposed.

1v. Signs with different color cabinets, frames, or structure.

hk. Individual styrofoam, plastic or wood letters or the like exceeding four (4) inches in height for use on any permanent monument, freestanding, roof, wall, or facade signs. This prohibition does not apply to illuminated individual metal channel letters or the plastic letter typically used for changeable copy signs.

(8) Design criteria and additional restrictions:

a. Freestanding signage:

1. All freestanding signs shall be of a wide-based monument style. Pole signs are discouraged, but may be permitted when the supporting structures are completely screened from view with landscaping or berm features. Said landscaping and/or berming shall cover and screen the entire area beneath the sign at time of certificate of occupancy (C.O.) issuance, and thereafter.

11. Any freestanding signs constructed from flat panel material, such as high density polyurethane, MDO, sheet metal, or the like, shall have a distance of no less than eight (8) inches from face to face, and shall be enclosed on all sides to cover the internal frame.

b. Freestanding changeable copy signs:

Bold Underline: Additions to Ordinance

I. Where a freestaflding ehangeallle eepy sign is allewed, ne mere than eighty (80) pereent ef the sign faee area shall be eemprised ef ehangeallle eepy area.

Changeable copy signs are allowed for commercial uses, industrial uses, theatres, places of assembly, and institutional/civic uses subject to the following criteria:.

i. The changeable copy portion of the overall sign copy area does not exceed a maximum of 80% for signs serving theatres, places of assembly, and institutional/civic uses and does not exceed a maximum of 40% for signs serving industrial and commercial

~

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3

9 F:\Community Development\Users\CurDev\ORDINANCE\2009\2009-~ 911 Signs.RTF

c.

ii.

2009-

The background of the changeable copy area for signs serving commercial and industrial uses shall not be white and shall have a minimum black content of eleven (11) percent. Acceptable background colors include light gray and light beige.

Freestanding electronic message signs:

Freestanding electronic message signs are allowed subject to the following criteria:

i.

ii.

iii.

iv.

v.

vi.

The display background shall be black.

The electronic message display shall be a portion of a permanent sign that serves a commercial or industrial use.

The electronic message copy area shall not exceed 40% of the overall sign copy area.

The electronic message shall not change more frequently than once every 30 seconds as perceived by the naked human eye.

The brightness level of LED (Light Emitting Diode) signs shall be allowed up to a maximum of 5,000 NITS (candelas per square meter) during daylight background lighting conditions and up to a maximum of 500 NITS (candelas per square meter) during dusk to dawn background lighting conditions.

All LED signs shall be equipped and operated with a system that automatically adjusts sign brightness to daylight and dusk to dawn background lighting conditions in accordance with the brightness level standards set forth above.

e-cd. Wall/facade signage:


1. The maximum vertical dimension of a facade or wall sign shall not exceed twenty-five (25) percent of the building height.

11. Awnings with lettering shall be considered wall signs. Where lettering is used on an awning, the area of lettering shall be included in the percentage limitation of a project's sign area.

111. Lettering, logos, and trim colors on canopy facia shall be considered a wall sign and shall be limited to thirty-three (33) percent of the facia area of any one elevation. Internally illuminated signs shall not be placed on a canopy structure, and no sign shall be placed above the facia on a canopy structure.

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ATTACHMENT 9 F:\Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 911 Signs.RTF

SECTION#2:

2009-

1v. Wall signs (facade signs) are prohibited on roofs with a slope less than 20: 12 (rise:run) pitch. Wall signs mounted on a roof shall be enclosed on all sides to cover the internal frame and its connection to the roof. Also see IRC LDR's Section 956.12(1)(0).

th!h Changeable copy wall signs for theaters:

1. Theaters may utilize up to eighty (80) percent of actual sign area for display of names of films, plays or other performances currently showing.

ef. Illumination:

1. All external flood sign illumination shall be mounted at grade, directly in front of the sign area. Light source shall be completely shielded from oncoming motorist's view.

Amend LDR section 911.19(10)(c) and (h), a portion of the "Special sign regulations" section of the SR60 corridor special development regulations, to read as follows:

(I 0) Special sign regulations.

(c) Prohibited signs (this is in addition to sign ordinance section 956.12 prohibitions): The following are prohibited:

1. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, except for time-temperature-date signs. Public signs permitted pursuant to sign ordinance section 956.11(2)(b) are excluded from this prohibition and are allowed.

2. Electronic message boards and message centers, electronic acijustable alternation disj'llays, or any sign that automatically disj3lays words, numerals, and or characters in a j3rograrnmed manner. Traffic regulatory and directional signs j'lerrnitted j3Ursuant to sign ordinance section 956.11 (2)(b) are eiwluded from this j3rohibition and are allo,ved.

~J. Portable or trailer style changeable copy signs.

4.-3. Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

~4. Strings of light bulbs used on non-residential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year.

6'5. Signs that emit audible sound, odor, or visible matter, such as smoke or steam.

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5 ATTACHMENT 9

2009-

Plastic or glass sign faces (including but not limited to: acrylic, Lexan\ or PlexiglasR). High density polyurethane and PVC are exempt from this prohibition. Portions of a sign which are changeable copy are exempt from this prohibition. When used in conjunction with cut-out or routered metal cabinets, plastic used only for copy or logos is exempt from this prohibition. Plastic used for illuminated individual channel letters or logos is exempt from this prohibition. Although highly discouraged, a plastic sign face will be allowed only when all of the following requirements are met for the plastic portions of a sign:

1. Plastic shall be pan formed faced ( embossed and/or de-bossed copy and logos are encouraged).

11. Regardless of the opaqueness of a sign, all plastic signage backgrounds shall be a dark color to reduce light transmission from signage background); white background shall not be allowed. All signage background colors shall be limited to those colors with a formula having a minimum black content of eleven (II) percent, and a maximum white content of forty-nine ( 49). Color formulas will be based on the Pantone Matching SystemR.


1v. Nothing shall be applied to the "first surface" ( outside face of plastic) (i.e.: paint, vinyl, etc.,)

&7. Neon and similar tube, fiber optic, and intense linear lighting systems, where the neon or lighting tube or fiber is visible.

9-,8. Plywood used for permanent signs.

-14.-9. Any material used in such a manner for a permanent sign that results in a flat sign without dimension, having a semblance to a "plywood or temporary looking sign."

-l--hlO. Installation of an additional sign (or signs) that does not harmonize with the design or materials of the initial sign, such as:





-1-±-c!!.,_ Appliques or letters of vinyl and similar materials for use on any permanent monument, freestanding, or roof signs. They are also prohibited for use on any permanent wall or facade signs that exceed three (3) square feet. Window signs as

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6

ATTACHMENT 9

2009-

allowed in this chapter are excluded from this prohibition. Regardless of size, appliques or vinyl letters are prohibited for use on plastic sign faces.

H-c12. Individual styrofoam, plastic or wood letters or the like exceeding four (4) inches in height are prohibited for use on any permanent monument, freestanding, roof, wall, or facade signs. This prohibition does not apply to illuminated individual metal channel letters or the plastic letter typically used for changeable copy signs.

-14.13. Changeable copy signs for office, i111fostrial, eemmereial and residential uses:, eirnept tlieaters, plaees 0f assemely, and tlie 130sti11g 0f gas0li11e prises

(h) Design criteria and additional restrictions:

1. Freestanding signage:

1. All freestanding signs restricted to a maximum height of no more than ten (I 0) feet shall be of a wide-based monument style. Pole signs are discouraged, but may be permitted when the supporting structures are completely screened from view with landscaping or berm features. Said landscaping and/or henning shall cover and screen the entire area beneath the sign at time of certificate of occupancy (C.O.) issuance.

11. Any freestanding signs constructed from flat panel material, such as high density polyurethane, MDO, sheet metal, or the like, shall have a distance of no less than eight (8) inches from face to face, and shall be enclosed on all sides to cover internal frame.

2. Freestanding changeable copy signs:

3.

I. \Olhere allewed, a freestandi11g ehangeable e013y sign shall 110t 601llflrise mere tha11 eighty (gQ) 13eree11t 0f the total area 0f tlie aeraal sign.


i.

ii.

The changeable copy portion of the overall sign copy area does not exceed a maximum of 80% for signs serving theatres, places of assembly, and institutional/civic uses and does not exceed a maximum of 40% for signs serving industrial and commercial uses.




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i.

ii.

iii.

iv.

v.

vi.

2009-





The brightness level of LED {Light Emitting Diode) signs shall be allowed up to a maximum of 5,000 NITS {candelas per square meter) during daylight background lighting conditions and up to a maximum of 500 NITS {candelas per square meter) during dusk to dawn background lighting conditions.

All LED signs shall be equipped and operated with a system that automatically adjusts sign brightness to daylight and dusk to dawn background lighting conditions in accordance with the

~- Wall(facade signage:




1v. Wall signs (facade signs) are prohibited on roofs with a slope less than 20: 12 (rise:run) pitch. Wall signs mounted on a roof shall be enclosed on all sides to cover the internal frame and its connection to the roof. Also see IRC LDR's Section 956.12(1)(0).

4-5. Changeable copy wall signs for theaters:


~f Illumination:


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8

ATTACHMENT 9

2009-

61. Window signs: "Window signs" shall include permanently affixed window signs, temporary window signs, and any signs or displays located within three (3) feet of the window, door, or storefront. Window signs shall not exceed ten (10) percent of the window storefront area ( window panes and framing) per store or business, and in no case shall exceed fifty (50) square feet per store or business. Street address numbers and lettering, and flyers or posters related to not for profit events and organizations, shall not count as window signage. "Open," "closed," hours of operations and identification window signage totaling up to four ( 4) square feet shall not count as window signage.

SECTION#3:

Amend LDR section 911.20(3)(d) (3) and (8), a portion of the "Special sign regulations" section of the North Barrier Island corridor special development regulations, to read as follows:

(3) Specific development regulations within the North Barrier Island Corridor. In the North Barrier Island Corridor, the following special regulations shall apply to new development or redevelopment that requires site plan or plat approval, and shall not apply to development or redevelopment of individual single-family homes and accessory uses/structures to such homes. Special regulations, as specified herein, shall apply to all new development or re-development site plan projects within the North Barrier Island Corridor, as defined herein.


(3) Prohibited signs (this is in addition to sign ordinance section 956.12 prohibitions): The following are prohibited:

Prohibited signs:

a. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. Public signs permitted pursuant to sign ordinance section 956.l 1(2)(b) are excluded from this prohibition and are allowed.

0. Eleetrenie message 0eards and message eenters, eleetrenie adjustaele alternatien displays, er any sign that autematieally displays werds; numerals, and er eharaeters in a pregrammed manner. Traffie regulatery and direetienal signs permitted pursuant te sign erdinanee seetien 956.11 (2)(0) are excluded-from this prehibition and are allewed ..

&.-b. Portable or trailer style changeable copy signs.

&c£: Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

e-cd. Strings of light bulbs used on non-residential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year.

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9

ATTACHMENT 9

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fe. Signs that emit audible sound, odor, or visible matter, such as smoke or steam.

g,f: Plastic or glass sign faces (including but not limited to: acrylic, Lexan®, or Plexiglas®). High density polyurethane and PVC are exempt from this prohibition. Portions of a sign which are changeable copy are exempt from this prohibition. When used in conjunction with cut-out or routered metal cabinets, plastic used only for copy or logos is exempt from this prohibition. Plastic used for illuminated individual channel letters or logos is exempt from this prohibition. Although highly discouraged, a plastic sign face will be allowed only when all of the following requirements are met for the plastic portions of a sign:


11. Regardless of the opaqueness of a sign, all plastic signage backgrounds shall be a dark color to reduce light transmission from signage background); white background shall not be allowed. All signage background colors shall be limited to those colors with a formula having a minimum black content of eleven (11) percent, and a maximum white content of forty-nine ( 49). Color formulas will be based on the Pantone Matching System®.



lr.g, Neon and similar tube, fiber optic, and intense linear lighting systems, where the neon or lighting tube or fiber is visible.

hh. Plywood used for permanent signs.

j-,!, Any material used in such a manner for a permanent sign that results in a flat sign without dimension, having a semblance to a "plywood or temporary looking sign."

!ti,_ Installation of an additional sign (or signs) that does not harmonize with the design or materials of the initial sign, such as:




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2009-




(8) Design criteria and additional restrictions:





c.

1. Where a freestanding ehangeal3le eopy sign is allowed, no more than eighty (80) pereent of the sign faee area shall lie eomprised of changeal3le copy area.


i.

ii.

The changeable copy portion of the overall sign copy area does not exceed a maximum of 80% for signs serving theatres, places of assembly, and institutional/civic uses aud does not exceed a maximum of 40% for signs serving industrial and commercial uses.





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ii.

iii.

iv.

v.

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The electronic message copy area shall not exceed 40% of the overall sign copy




ef!. Wall/facade signage:

1. The maximum vertical dimension of a facade or wall sign shall not exceed twentyfive (25) percent of the building height.



1v. Wall signs (facade signs) are prohibited on roofs with a slope less than 20:12 (rise:run) pitch. Wall signs mounted on a roof shall be enclosed on all sides to cover the internal frame and its connection to the roof. Also see IRC LDR's Section 956.12(1)(0).

the. Changeable copy wall signs for theaters:


ef. Illumination:


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ATTACHMENT 9

2009-

SECTION#4:

Amend LDR section 911.21(3)(d) (3) and (8), a portion of the "Special sign regulations" section of the Roseland corridor special development regulations, to read as follows:

(3) Specific development regulations within the Roseland Corridor. In the Roseland Corridor, the following special regulations shall apply to new non-residential and mixed use ( combination of residential/commercial) development that requires major site plan approval. For non-residential administrative approval and minor site plan projects, the special regulations of section 5 [(3)(d)5.] shall apply.


3. Prohibited signs: In addition to sign ordinance section 956.12 prohibitions, the following are prohibited in the Roseland Corridor:

a. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. Public signs permitted pursuant to sign ordinance section 956.11(2)(b) are excluded from this prohibition and are allowed ..

b. electronic message boards and message centers, electronic adjustable alternation displays, or any sign that automatically displays words, m1merals, and or characters in a programmed manner. Traffic regulatory and directional signs permitted pursuant to sign ordinance seetion 956.11(2)(b) are eiwluded from this prohibition and are allowed.

e,b. Portable or trailer style changeable copy signs.

Ehc. Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

e-cd. Strings of light bulbs used on non-residential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year.

.f,le! Signs that emit audible sound, odor, or visible matter, such as smoke or steam.

g,f: Plastic or glass sign faces (including but not limited to: acrylic, Lexan\ or PlexiglasR). High density polyurethane and PVC are exempt from this prohibition. Portions of a sign which are changeable copy are exempt from this prohibition. When used in conjunction with cut-out or routered metal cabinets, plastic used only for copy or logos is exempt from this prohibition. Plastic used for illuminated individual channel letters or logos is exempt from this prohibition. Although highly discouraged, a plastic sign face will be allowed only when all of the following requirements are met for the plastic portions of a sign:

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11. Regardless of the opaqueness of a sign, all plastic signage backgrounds shall be a dark color to reduce light transmission from signage background); white background shall not be allowed. All signage background colors shall be limited to those colors with a formula having a minimum black content of eleven (I 1) percent, and a maximum white content of forty-nine ( 49). Color formulas will be based on the Pantone Matching SystemR.



lr.-g,_ Neon and similar tube, fiber optic, and intense linear lighting systems, where the neon or lighting tube or fiber is visible.

th. Plywood used for permanent signs .

.ti: Any material used in such a manner for a permanent sign that results in a flat sign without dimension, having a semblance to a "plywood or temporary looking sign."

lfc1 Installation of an additional sign (or signs) that does not harmonize with the design or materials of the initial sign, such as:






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8. Design criteria and additional restrictions:





c.


I. \¥here a freestanding ehangea!Jle espy sign is all0wed, n0 mere than eighty (80) pereent 0f the sign faee area shall ee e0mprised 0f ehangea!Jle espy area.


i.

ii.





i. The display background shall be black.

ii. The electronic message display shall be a portion of a permanent sign that serves a commercial or industrial use.

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iii.

iv.

v.

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ef!. Wall/facade signage:



m. Lettering, logos, and trim colors on canopy facia shall be considered a wall sign and shall be limited to thirty-three (33) percent of the facia area of any one elevation. Internally illuminated signs shall not be placed on a canopy structure, and no sign shall be placed above the facia on a canopy structure.

1v. Wall signs (facade signs) are prohibited on roofs with a slope less than 20: 12 (rise:run) pitch. Wall signs mounted on a roof shall be enclosed on all sides to cover the internal frame and its connection to the roof. Also see IRC LDR's Section 956.12(1 )( o ).

dee. Changeable copy wall signs for theaters.


ef. Illumination.



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2009-

SECTION#S:

Amend LDR section 911.22(9) (c) and (h), a portion of the "Special sign regulations" section of the other corridor special development regulations, to read as follows:

(9) Special sign regulations.

(c) Prohibited signs (this is in addition to sign ordinance section 956.12 prohibitions): The following are prohibited:

I. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, except for time-temperature-date signs. Public signs permitted pursuant to sign ordinance section 956.11 (2)(b) are excluded from this prohibition and are allowed.

2. Electronic message boards and message centers, electronic aE\justable alternation displays, or any sign that automatically displays '.vords, numerals, and or characters in a programmed manner. Traffic regulatory and directional sigus permitted pursuant to sigu ordinance section 95€i.11(2)(b) are eiwluded form this prohibition and are allov,,ed.

~2. Portable or trailer style changeable copy signs.

4,3. Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

~- Strings of light bulbs used on non-residential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year.

6-,5. Signs that emit audible sound, odor, or visible matter, such as smoke or steam.

+.-6. Plastic or glass sign faces (including but not limited to: acrylic, Lexan®, or Plexiglas®). High density polyurethane and PVC are exempt from this prohibition. Portions of a sign which are changeable copy are exempt from this prohibition. When used in conjunction with cut-out or routered metal cabinets, plastic used only for copy or logos is exempt from this prohibition. Plastic used for illuminated individual channel letters or logos is exempt from this prohibition. Although highly discouraged, a plastic sign face will be allowed only when all of the following requirements are met for the plastic portions of a sign:

1. Plastic shall be pan formed faced ( embossed and/or de-bossed copy and logos are encouraged).

11. Regardless of the opaqueness of a sign, all plastic signage backgrounds shall be a dark color to reduce light transmission from signage background); white background shall not be allowed. All signage background colors shall be limited to those colors with a formula having a minimum black content of eleven ( 11) percent, and a maximum white content of forty-nine ( 49). Color formulas will be based on the Pantone Matching System®.

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1v. Nothing shall be applied to the "first surface" ( outside face of plastic) (i.e.: paint, vinyl, etc.,)

& 7. Neon and similar tube, fiber optic, and intense linear lighting systems, where the neon or lighting tube or fiber is visible.

9-,8. Plywood used for permanent signs.

-l-1}.9. Any material used in such a manner for a permanent sign that results in a flat sign without dimension, having a semblance to a "plywood or temporary looking sign."

+-hlO. Installation ofan additional sign (or signs) that does not harmonize with the design or materials of the initial sign, such as:





-I+. I 1. Appliques or letters of vinyl and similar materials for use on any permanent monument, freestanding, or roof signs. They are also prohibited for use on any permanent wall or facade signs that exceed three (3) square feet. Window signs as allowed in this chapter are excluded from this prohibition. Regardless of size, appliques or vinyl letters are prohibited for use on plastic sign faces.

-l+.12. Individual styrofoam, plastic or wood letters or the like exceeding four (4) inches in height are prohibited for use on any permanent monument, freestanding, roof, wall, or facade signs. This prohibition does not apply to illuminated individual metal channel letters or the plastic letter typically used for changeable copy signs.

-l+.13. Changeable copy signs for office, industrial, e0mmereial and residential uses5

eirne13t theaters, 13laees 0f assembly, and the 130sting 0f gas0line 13riees

(h) Design criteria and additional restrictions and allowances:

I. Freestanding signage:

1. All freestanding signs restricted to a maximum height of no more than sixteen (16) feet shall be of a wide-based monument style. Pole signs are discouraged, but may be permitted when the supporting structures are

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18 ATTACHMENT 9

2009-

completely screened from view with landscaping or berm features. Said landscaping and/or berming shall cover and screen the entire area beneath the sign at time of certificate of occupancy (C.O.) issuance.

Design and locational requirements may be modified for compliance with sight distance standards, upon approval from the public works and community development directors or their designees.

11. Any freestanding signs constructed from flat panel material, such as high density polyurethane, MDO, sheet metal, or the like, shall have a distance of no less than eight (8) inches from face to face, and shall be enclosed on all sides to cover internal frame.

2. Freestanding changeable copy signs:

3.

!. Where alloweEI, a freestanEliag ehangeable eopy siga shall aot eompnse more than eighty (80) pereellt of the total area of the aernal siga.


i.

ii.





i. The display background shall he hlack.

ii. The electronic message display shall be a portion of a permanent sign that serves a commercial or industrial use.

iii. The electronic message copy area shall not exceed 40% of the overall sign copy area.

iv. The electronic message shall not change more frequently than once every 30 seconds as perceived by the naked human eye.


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The brightness level of LED (Light Emitting Diode) signs shall be allowed np to a maximum of 5,000 NITS (candelas per square meter) during daylight background lighting conditions and up to a maximum of 500 NITS (candelas per square meter) during dusk to dawn background lighting conditions.

All LED signs shall be equipped and operated with a system that automatically adjusts sign brightness to daylight and dusk to dawn background lighting conditions in accordance with the

~- Wall/facade signage:



111. Lettering, logos, and trim colors on canopy facia shall be considered a wall sign and shall be limited to thirty-three (33) percent of the facia area of any one (1) elevation. Internally illuminated signs shall not be placed on a canopy structure, and no sign shall be placed above the facia on a canopy structure.

1v. Wall signs (facade signs) are prohibited on roofs with a slope less than 20: 12 (rise:run) pitch. Wall signs mounted on a roof shall be enclosed on all sides to cover the internal frame and its connection to the roof. Also see IRC LDR's Section 956.12( 1 )( o ).

4-5. Changeable copy wall signs for theaters:


~.!i- Illumination:


61- Window signs: "Window signs" shall include permanently affixed window signs, temporary window signs, and any signs or displays located within three (3) feet of the window, door, or storefront. Window signs shall not exceed ten (10) percent of the window storefront area ( window panes and framing) per store or business, and in no case shall exceed fifty (50) square feet per store or business. Street address numbers and lettering, and flyers or posters related to not for profit events and organizations, shall not count as window signage. "Open," "closed," hours of

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operations and identification window signage totaling up to four ( 4) square feet shall not count as window signage.

SECTION #6: SEVERABILITY.

If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein.

SECTION #7: REPEAL OF CONFLICTING ORDINANCES.

The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.

SECTION #8: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.

The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.

SECTION #9: EFFECTIVE DATE.

This Ordinance shall take effect upon filing with the Department of State.

Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this ___ day of _______ ~ 2009.

This ordinance was advertised in the Press-Journal on the ____ day of ______ ~ 2009, for a public hearing to be held on the ___ day of 2009, at which time it was moved for adoption by Commissioner seconded by Commissioner--------~ and adopted by the following vote:

Chairman Wesley S. Davis

Vice Chairman Joseph E. Flescher

Commissioner Gary C. Wheeler

Commissioner Peter D. O'Bryan

Commissioner Bob Solari

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BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

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BY: Wesley S. Davis, Chairman

ATTEST BY: _____________ _ Jeffrey K. Barton, Clerk

This ordinance was filed with the Department of State on the following date: _________ _

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

William G. Collins II, County Attorney

APPROVED AS TO PLANNING MATTERS

Robert M. Keating, AICP; Community Development Director

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ATTACHMENT 9

TO:

FROM:

DATE:

SUBJECT:


The Honorable Members of the Planning and Zoning Commission

MENT HEAD CONCURRENCE:

Development Director

March 24, 2009

Consideration of Proposed Amendments Providing for Temporary Suspension of Compliance with Regulations Not Directly Related to Public Safety: Land Development Regulations Chapter 902

It is requested that the data herein presented be given formal consideration by the Planning & Zoning Commission at its meeting of April 23, 2009.

BACKGROUND

In response to local economic challenges, the Board of County Commissioners (Board) held an "economic summit" public workshop in February and has since launched several initiatives to stimulate and sustain local economic activity. One group of initiatives relates to changing development regulations.

By emergency ordinance, the Board recently adopted changes that extended site plan approval timeframes from 12 months to 24 months and eased subdivision security posting requirements. The Board also approved an ordinance that temporarily suspends several impact fees for the six month period from April I - September 30. Finally, the Board directed staff to initiate an LDR amendment that will allow businesses to use changeable copy and electronic message signs within special corridors.

In addition to those initiatives, the Board has directed staff to initiate an LDR amendment intended to speed up the certificate of occupancy (C.O.) process for development projects. The intent of that amendment is to allow CO's to be issued for projects that are substantially complete, but have minor "punchlist" deficiencies not directly related to public safety that can be quickly corrected or mitigated by the developer after the C.O. is issued. The Board's intent is to allow businesses to get into operation more quickly than under the current C.O. process.

To implement the amendment concept described above, staff has drafted the attached ordinance. At this time, the PZC is to consider the proposed amendments and is to make a recommendation to the BCC to adopt, adopt with changes, or reject the proposed amendments.

At its meeting of March 19, 2009, the Professional Services Advisory Committee (PSAC) voted 8-0 to recommend that the Board of County Commissioners (BCC) adopt the proposed amendments with a change

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to add certificates of completion for subdivisions and planned developments to the temporary suspension provision. Consistent with the PSAC's recommendation, staff has added these provisions to the proposed ordinance.

ANALYSIS

• The C.O. Process

Currently, Indian River County's C.O. process for development (e.g. site plan) projects is typical of the C.O. process of most local governments. Generally, the process involves completion ofa building in accordance with applicable building codes and consistent with the project building permit. In addition, the process involves completion of site work ( e.g. drainage, parking, landscaping) in accordance with applicable LDRs (land development regulations) and consistent with the approved site plan. Prior to issuance of a C.O., project construction must pass final building and site work inspections. Building inspections and site work inspections may occur simultaneously; however, it is typical for buildings to be "finaled" before site work is completed. Thus, site work is almost always the last part of a project to be 100% complete.

Under the current process, the C.O. is the last point in time for the county to ensure that a project is in 100% compliance with all applicable development regulations. Under the current system, withholding issuance of a C.O. is the county's "big stick" to ensure 100% compliance.

The proposed ordinance does not affect the "building side" of the current C.O. process. In fact, the proposed ordinance specifically prohibits granting a temporary suspension of compliance with unresolved building code or fire code items. The proposed ordinance, however, does address the "site work side" of the C.O. process. Currently, that part of the C.O. process involves the following general steps:

1. The developer completes site construction consistent with the approved site plan

(Note: it is not unusual for developers to obtain minor modifications to approved site plans, even after construction has commenced. Such minor site plan modifications are approved at a staff level.).

2. The project engineer or architect submits to Planning a written certification that the project is complete and is in substantial conformance with the approved site plan.

(Note: some minor development projects may not involve an engineer or architect, in which case project completion is certified by the applicant).

A. The project landscape architect or contractor submits a written certification to Planning that he has inspected the landscaping and that all required landscaping is Florida No. 1 or better.

(Note: Florida No. 1 is a landscape quality standard, defined by the state with objective criteria, that is commonly required in local government landscape ordinances, including Indian River County).

3. Upon receiving the two written certifications described above, Planning creates a C.O. request in the county's computer system and contacts the following departments to inspect the project site work:

• Code Enforcement/Current Development • Fire Department/Fire Prevention • Engineering

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• Traffic Engineering • Utilities • Department of Health/Environmental Health (inspects certain projects)

4. Each department then makes its own inspection, creates a "punchlist" of deficiencies, and provides its punchlist items directly to the developer.

(Note: to speed communication during the C.O. process, departments may provide punchlist comments verbally or by e-mail)

5. The developer resolves each item on each department's punchlist. When a department's punchlist items are resolved, that department signs-off on the C.O. request.

6. When every department has signed-off on the C.O. request, Building issues the C.O. if the project building has passed its final building inspection.

• The Certificate of Completion Process

While a certificate of completion (C.C.) is similar to a C.O., a C.C. applies strictly to completion ofrequired subdivision improvements such as roads, utilities, drainage and stormwater management infrastructure, and buffers. Consequently, the certificate of completion process applies only to subdivisions and planned developments (PDs). Generally, the C.C. process is managed by Engineering, and follows the same general steps as the C.O. process, including certification of substantial completion by the project engineer and landscape contractor, inspection by various departments, and resolution of punchlist items. Under county regulations, a delay in obtaining a certificate of completion could delay final plat approval, lot sales, issuance of building permits, and even CO's for residential units (PDs only).

• Proposed Changes

During its discussion of the temporary suspension of compliance concept, the Board indicated that C.O.'s should not be issued ifthere are any unresolved building code, fire code, or public safety punchlist items. The Board also indicated that C.O.'s should be issuable if minor, easy to correct items, such as insignificant landscape discrepancies, can be resolved by the developer within a short time after C.O. issuance. In addition, the Board also indicated that temporary suspension requests should be handled first by the county administrator, with an appeal or referral mechanism to the Board of Adjustment. The Board of Adjustment currently handles variances and rarely meets.

Structured to apply to the C.O. and C.C. process, the proposed regulations:

• Describe and provide the intent of a "temporary suspension of compliance".

• Authorize the county administrator and the Board of Adjustment to grant temporary suspensions of compliance.

• Establish criteria for granting a temporary suspension of compliance.

• Provide developers an opportunity to appeal county administrator decisions on temporary suspensions to the Board of Adjustment.

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• Provide the county administrator the opportunity to refer a temporary suspension request to the Board of Adjustment.

· • Establish requirements for handling an appeal or referral, and for providing notice of a Board of Adjustment hearing to owners of property adjacent to a development project site.

• Prohibit granting a temporary suspension of compliance for building code, fire code, or other item directly related to public safety.

The heart of the proposed ordinance is the criteria for reviewing and enforcing temporary suspensions. Under the first proposed criterion, the developer is required to have the project certified complete and in substantial conformance with the approved project site plan, and have the landscaping certified, as described in C.O. process step #2 above. In staffs opinion, this criterion is vital to ensuring that the project developer, design professional, and landscape designer or contractor verifies that a good faith effort has been made to properly complete the project. This criterion will minimize punchlist items that are major or safety-related in nature.

The remaining criteria will ensure that:

• The developer's request for temporary suspension is in writing and refers to specific punchlist items.

• Deficiencies are corrected or mitigated within 90 days ofC.O. or C.C.

• Corrective actions or mitigation, that will bring the project into compliance upon completion, are specified.

• The project developer and owner agree to the suspension timeframe and obligations to correct or mitigate deficiencies.

• Failure to correct or mitigate deficiencies within the suspension timeframe results in code enforcement action, and results in a "hold" placed on any future building permits or C.O.'s associated with the project site until the violation is corrected.

The last criterion is intended to ensure compliance with suspension conditions without adding the time and cost burdens to the developer and staff that would result from a "bonding-out" requirement. Such a bondingout requirement would force the developer to provide an estimate of corrective action/mitigation work, require staff to review and approve the estimate, require the developer to post security, and obligate the county to manage completion of the project in the event of a developer default. In staffs opinion, such burdens would slow-down rather than speed-up the C.O. and C.C. processes and could shift construction/project management burdens onto the county. It is also staffs opinion that, if the proposed ordinance is adopted and the county experiences difficulty in getting developers to comply with suspension requirements in a timely manner, then the county will need to revisit the suspension provision and either strengthen compliance requirements or repeal the provision altogether.

• Additional Consideration

Currently, the PSAC is considering another LDR amendment that goes above and beyond the temporary suspension ordinance now under consideration. The additional amendment being considered would broaden the Board of Adjustment's authority, allowing that Board to waive or approve alternative development requirements on a case-by-case basis with criteria less stringent than existing variance criteria. The PSAC considered this additional change at its April 16, 2009 meeting and will again consider the amendment at its May 2009 meeting.

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RECOMMENDATION:

Staff recommends that the Planning & Zoning Commission recommend that the BCC adopt the proposed LDR amendments related to granting temporary suspensions of compliance with regulations not directly related to public safety for certificates of occupancy (C.O.s) and certificates of completion (C.C.s).

ATTACHMENT:

I. Draft Minutes from the March 19, 2009 PSAC Meeting 2. Proposed Ordinance 3. Project C.O. Certification Requirements: LDR Sections 914.12 and 926.12 4. Project Certificate of Completion (C.C.) Requirements: LDR Section 913.07(5)(1)

APPROVED A:. , AND LEGALSUFFI

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For commercial business, the changeable portion of el ronic message copy area does not exceed 40% and the changeable iiion of a manual message copy area does not exceed 50% of the overall n copy area

ON MOTION BY Mr. Gaskil SECONDED BY Mr. Robinson, the members v d unanimously (8-0) to amend the proposed amendments related to special corridor regu ons for electronic message and changeable copy gns for commercial business to indicate the c geable portion of electronic message

es not exceed 40% and the changeable portion o manual message copy area does not exceed

e overall sign copy area.

MOTION BY Mr. Gill, SECONDED BY Mr. Gaskill the members voted unanimously (8-0) to direct staff to investigate the brightness of the LED lights to set regulations and to include theaters where eighty (80) percent of actual sign area for display were allowed. (1 :15 p.m.)

B. Consideration of Amendments to Board of Adjustment and Variance Regulations Providing for Temporary Suspensions of Compliance, LDR Chapter 902

Mr. Boling outlined the memorandum dated March 13, 2009, with attachments, and presented a Powerpoint, copies of which are on file with the Commission Office. He reminded the Committee it was the Board of County Commissioners intent to allow businesses to get into operation more quickly than under the current Certificate of Occupancy (CO) process.

A lengthy discussion ensued regarding CO compliance process for development projects.

Chairman Smith commented if the developers were given a break by this new ordinance, then take advantage of the break by walking away from the punch list and the matter goes before the Code Enforcement Board (CEB), as an expense to the taxpayers, he would like to see a letter of acknowledgement indicating if the matter would go before the CEB on any of the issues on the punch list, it would be considered blatant disregard and the CEB had the authority to affix a fine.

Mr. William Collins, County Attorney, informed the Committee the CEB has the discretion as to what fines were set and usually a first violation may be minimal, e.g., $100 per day; however, with a blatant disregard the CEB would have the power to fine as much as $500 a day.

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ATTACHMENT 1

Mr. Charlie Wilson revealed experiences with the difficulties having matters tied up at the end of a project. He relayed Commissioner Davis was requesting to empower the Board of Zoning Adjustment (BZA) with the authority to intervene on some of the codes by means of applying good common sense into some of the decisions.

Mr. Wilson pointed out safeguards within the original ordinances for the BZA which included meetings were called by the Chairman within seven (7) days of a complaint or appeal and just because someone makes an appeal does not mean the BZA will actually convene; only if the Chairman finds probable cause or legitimacy. He indicated this was the reason for adding the County Administrator's ability to intervene with regard to changes to ordinances, hence making it easier for the developers in assisting with delays.

Mr. Moler expressed his understanding as follows: if the matter became a compliance issue, and the Code Enforcement Board (CEB) could recognize the County Administrator's or the BZA had authorized a "special privilege" and compliance had been ignored, then the CEB could assess a maximum fine.

Mr. Dill remarked staff did a great job on drafting the ordinance amendment with it being a very difficult subject to regulate and Mr. Wilson agreed.

A discussion ensued regarding standard landscape issues i.e., the size of trees designated as Florida Number 1 and whether the BZA had authority to grant waivers.

Mr. Bob Keating, Community Development Director, reminded the Committee the temporary suspension was predicated on minor deficiencies not directly related to public safety and when standards, rules and criteria are written out specifically, the public would then have those expectations for every circumstance. He further remarked staff had no problem with changing any of the code standards thought to be inappropriate.

Attorney Collins advised the BZA did not have the authority to grant waivers; however, they can grant variances only if the variance was the minimum necessary to grant relief and met the eight (8) stringent variance criteria in the code.

Small group discussions ensued at the same time.

Mr. Moler revealed a circumstance that brought the question of whether this amendment resolved the issue regarding a residential planned development wherein a building permit was required before a land development permit was issued.

Mr. Boling replied the subdivision language needed to be added in the ordinance amendment if the same temporary suspension allowance was to be applied to subdivision and planned development certificates of completion.

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ATTACHM!ffT 1

ON MOTION BY Mr. Moler, SECONDED BY Mr. Blum, the members voted unanimously (8-0) to adopt the ordinance to include being applicable to subdivision and certificate of completion permit issuance. (1 :43 p.m.)

Discussion ensued regarding the criteria regarding the standards of a temporary suspension of compliance and possible revisions to landscaping codes.

Mr. Wilson reported it was Commissioner Davis' intention to have it be permanent using the BZA language, which has the ability to give variances and has specific criteria; however, some of the Commissioners wanted to ensure these things were all temporary, for a period of time.

Chairman Smith opined when permanency was implemented, it began to undermine the intent of the codes. He further stated if specific issues caused problems at the CO process, then those specific items should be readdressed in the Land Development Regulations and any tolerances allowed should be in the ordinance, not a permanent variance.

ON MOTION BY Mr. Robinson, SECONDED BY Mr. Gaskill, the members voted (5-3) to direct staff to formulate an ordinance wherein the Board of Zoning Adjustments has the authority to make variances on specific disputed issues between staff and owner. Messrs. Day, Dill and Smith were in opposition. (2:10 p.m.)

Matters by Members

Chairman Smith would like to establish a cutoff time for Committee Members to submit agenda items to Mr. Boling. Mr. Boling suggested receiving the item(s) 10 days prior to the committee meeting date.

Matters by Staff

None

Adjournment

There being no further business, the meeting adjourned at 2:15 p.m.

PSAC/Unapproved 5 March 19, 2009 C:\Documents and Settingslstan\Local Settings\Temporary Internet Files\OLK27\Min03 19 09.doc

ATTACHMtNT 1

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AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 902, AMINISTRATIVE MECHANISMS; BY AMENDING THE ROLE OF BOARD OF ADJUSTMENT SECTION 902.08, AND BY AMENDING THE VARIANCES SECTION 902.09, AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS:

SECTION#!:

Amend LDR section 902.08, Role of board of adjustment, to read as follows:

(I) The board of adjustment shall receive and consider applications for variances and temporary suspensions of compliance from the terms of the county's land development regulations and shall grant such variances and temporary suspensions as will not be contrary to the public interest, pursuant to the procedures and requirements of the variance section of the land development regulations, section 902.09.

(2) The board shall have and exercise the powers specified in F.S. § 333.10, relating to airport zoning regulations, under rules consistent with said section and with the Code oflndian River County. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-11, § 16, 4-22-92)

SECTION#2:

Amend LDR section 902.09, Variances, to read as follows:

(1) Purpose and intent. This section is established to provide procedures for reviewing variances and temporary suspensions of compliance {including appeals and referrals) by the board of adjustment and staff. A variance runs with the land and is a departure from the dimensional or numerical or other technical requirements of the land development regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant or his predecessors in title, a literal enforcement of the land development regulations would result in an unnecessary and undue hardship. A temporary suspension of compliance is of limited duration, pertains to regulations not directly related to public safety, and is intended to provide applicants an opportunity to obtain a certificate of occupancy or certificate of completion with a condition that minor deficiencies are corrected and/or mitigated within a specified and limited timeframe.

(2) Approving authority. The board of adjustment is hereby authorized to grant variances and temporary suspensions of compliance in accordance with the provisions of this section and eaa may attach conditions to variances and temporary suspensions of compliance granted. In addition, the community development director or his designee is authorized to grant de-minimus setback variances, and the county administrator is authorized to grant temporary suspensions of compliance, in accordance with the provisions of this section.

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(3) Type of variance and temporary suspension of compliance to be allowed. The board of adjustment and staff shall have the authority to grant the following variances and temporary suspensions of compliance:

(a) A variance from the yard area requirements of any zoning district where there are nnusual and practical difficulties in carrying out these provisions due to an irregular shape of the lot, topography, or other conditions, provided such variation will not seriously impact any adjoining property or the general welfare.

(b) Other technical variances that occur when an owner or authorized agent can show that a strict application of the terms of the land development regulations relating to the use of the land will impose unusual and unique difficulties, but not loss of monetary value alone.

( c) De-minimus setback variance. A de-minimus setback variance ean may be granted automatically at the staff level, by the community development director or his designee as authorized in section 902.11(8) of this ordinance, nuder certain circumstances, without board of adjustment approval. This applies in the following circumstances where the setback variance:

(d)

I. Is for a structure properly permitted where no form-board survey was required;

2. Is for 0.5 feet or less from the setback required at the time the structure was constructed or erected on the site; and

3. Is from property line( s) which have not been altered so as to cause or increase the nonconformity.

Temporary suspension of compliance. A temporary suspension of compliance with land development regulations not directly related to public safety may be granted by the county administrator, without board of adjustment approval, under the following circumstances.

1.

2.

3.

The development project is certified by the project design professional or owner/designer to be complete and in substantial conformance with the approved development plan in accordance with site plan ordinance section 914.12(3)(a) and (b) or subdivision ordinance section 913.07(5)(0, whichever is applicable, and required landscaping is certified by a landscape architect or landscape contractor as Florida No. 1 or better in accordance with landscape ordinance section 926.12(1)(a).

The development project has been inspected by county staff, a "punchlist" of discrepancies has been issued, and the project developer has provided staff a written request specifying the discrepancies he or she wishes to be temporarily suspended.

The project deficiencies that are the subject of the suspension request are found to be minor in nature and extent, and are found to be correctable or mitigatable within a timeframe not to exceed 90 days.

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4.

5.

6.

7.

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The suspension timeframe is specified in writing and does not exceed 90 days from the date of the suspension.

Mitigation or corrective action(s) is specified in writing and found to be sufficient to bring the development project into compliance upon completion.

The project developer and owner agree to the specified suspension timeframe and the obligation to complete the specified mitigation or corrective action(s) within the specified timeframe.

In the event that the specified mitigation or corrective action(s) is not completed prior to the end of the specified suspension timeframe, the project owner shall be deemed in violation of the land development regulations and subject to code enforcement action. In addition, the county shall withhold issuance of any future development order, building permit, certificate of completion, or certificate of occupancy associated with the project site unless and until the violation is corrected.

Each temporary suspension of compliance determination, and decisions of the board of adjustment on appeals and referrals, shall be provided in writing by staff to the project owner, project developer, Board of County Commissioners, and board of adjustment. Each suspension determination shall specify the maximum duration of the suspension, required mitigation and/or corrective action(s), and any condition(s) attached to the suspension.

The project owner or project developer may appeal a county administrator's decision to the board of adjustment. In addition, the county administrator may refer a request to the board of adjustment. Such appeal or referral shall be made in writing to the chairman of the board of adjustment with a copy provided to the county administrator, project developer, project owner, and Board of County Commissioners. Upon receipt of an appeal or referral, the chairman shall call a meeting of the board of adjustment as soon as practicable to conduct a hearing on the suspension request. At the hearing, the board of adjustment may approve a temporary suspension request if it finds that all temporary suspension criteria provided above are satisfied. In addition, the board of adjustment is authorized to attach conditions to any temporary suspension request approval.

At least seven (7) days prior to the hearing, written notice of the hearing shall be mailed to each owner of property adjacent to the development project site. The notice shall contain the name of the applicant, a description of the appeal/temporary suspension request and development project location, as well as the date, time, and place of the hearing. Each appeal shall be accompanied with a fee established by resolution of the Board of County Commissioners.

( 4) When variances and temporary suspensions are not allowed.

(a) No variance shall be granted which would permit the establishment or expansion of a use in a zone or district in which such use is not permitted by these land development

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(b)

(c)

(d)

(e)

(t)

(g)

(5)

(a)

(b)

2009-

regulations, or any use expressly or by implication prohibited by the terms of these land development regulations for said district.

No variances shall be granted which would permit the establishment or expansion of a special exception use in any zoning district without the approval required in the special exception section, and including specific land use criteria.

No variance shall be granted which would permit the establishment or expansion of a use requiring an administrative permit in any zoning district without the approval required in the administrative permit section, and including specific land use criteria.

No variance shall be granted which relates in any way to a nonconforming use, except as allowed in the nonconformities section.

No variance shall be granted which modifies any definitions contained within these land development regulations.

No variance shall be granted which would in any way result in any increase in density above that permitted in the applicable zoning district regulations.

No temporary suspension of compliance shall be granted for building code or fire code items, or other items directly related to public safety.

Procedures for variances.

Any property owner may apply for a variance after a decision by the community development director that an existing property condition or a development proposal of such property owner does not comply with the provisions of these land development regulations.

The applicant must file an application for a variance along with the appropriate fee payable to Indian River County with the planning division. The application shall be in a form approved by the community development director and shall contain the following information:

1. Identification of the specific provisions of these land development regulations from which a variance is sought.

2. The nature and extent of the variance sought; an explanation why it is necessary; and the basis for the variance under section 902.09(3)(a) or (b).

3. The grounds relied upon to justify the proposed variance.

4. A legal description of the property, a copy of the warranty deed for the property, and a detailed plot plan of the property.

( c) On all proceedings held before the board of adjustment, the staff of the planning division shall review the application and file a recommendation on each item. Such

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ATTACHM£NT 2

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recommendation shall be transmitted to the board of adjustment prior to final action on any item before the board of adjustment, and shall be part of the record of the application.

(d) Notice of the variance, in writing, shall be mailed by the planning division to the owners of all land which abuts the property upon which a variance is sought, at least seven (7) days prior to the hearing. The property appraiser's address for said owners shall be used in sending all such notices. The notice shall contain the name of the applicant for the variance, a description of the land sufficient to identify it, a description of the variance requested, as well as the date, time and place of the hearing.

( 6) Review by the board of adjustment.

(a) In order to authorize any variance from the terms of these land development regulations, the board of adjustment shall determine that the application for variance is complete, that the public hearing has been held with the required notice and that the opportunity has been given for the aggrieved parties to appear and be heard in person or be represented by an attorney at law, or other authorized representatives. The board of adjustment shall also find that all of the following facts exist before granting a variance:

1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district.

2. That the special conditions and circumstances do not result from the actions of the applicant or illegal acts of previous property owners.

3. That granting the variance requested will not confer on the applicant any special privilege that is denied by the regulation to other lands, buildings, or structures in the same zoning district.

4. That literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the regulations and would constitute an unnecessary and undue hardship upon the applicant.

5. That the variance granted is the minimum necessary in order to make possible the reasonable use of the land, building, or structure.

6. That the granting of the variance will be in harmony with the general purpose and intent of the land development regulations, and the Indian River County Comprehensive Plan.

7. That such variance will not be injurious to the surrounding area or otherwise be detrimental to public welfare.

8. That the property cannot be put to a reasonable use in a manner which fully complies with the requirements of these land development regulations.

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ATTACHMENT .2

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(b) The following regulations also apply to the authorization of a variance:

I. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and non-permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

2. No application or request may be reheard or reconsidered unless otherwise directed by a court of competent jurisdiction, or unless new circumstances or information can be presented with a new application.

( c) In granting any variance, the board of adjustment may make the authorization of the variance conditional upon such alternate and additional restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the purpose and intent of this chapter and consistency with the Indian River County Comprehensive Plan. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

Such conditions restrictions, stipulations, and safeguards may include, but are not limited to, time within which the action for which the variance is sought shall be begun or completed or both; the establishment of screening and/or buffering techniques; and provision for extensions or renewals.

(7) Decision. The board of adjustment shall approve, approve with conditions, or deny the application, furnishing the applicant a written statement of the reasons for any denial. (Ord. No. 90-16, § 1, 9-11-90)

SECTION #3: SEVERABILITY.

If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein.

SECTION #4: REPEAL OF CONFLICTING ORDINANCES.

The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.

SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.

The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.

SECTION #6: EFFECTIVE DATE.

This Ordinance shall take effect upon filing with the Department of State.

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Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this ___ day of _______ ~ 2009.

This ordinance was advertised in the Press-Journal on the ____ day of ______ ~ 2009, for a public hearing to be held on the ___ day of 2009, at which time it was moved for adoption by Commissioner seconded by Commissioner _______ _, and adopted by the following vote:

Chairman Wesley S. Davis

Vice Chairman Joseph E. Flescher

Commissioner Gary C. Wheeler

Commissioner Peter D. O'Bryan

Commissioner Bob Solari

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY: Wesley S. Davis, Chairman

ATTEST BY: _____________ _ Jeffrey K. Barton, Clerk

This ordinance was filed with the Department of State on the following date: _________ _

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

William G. Collins II, County Attorney

APPROVED AS TO PLANNING MATTERS

Robert M. Keating, AICP; Community Development Director

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7

ATTACHMENT 2

PROJECT C.O. CERTIFICATION REQUIREMENTS

Section 914.12. Inspection and certification.

(3) Final certification.

(a) The applicant's site plan professional (architect or engineer) of record shall notify the planning division when the project is completed and shall so certify in writing under seal that the project has been completed and is substantially in conformance with the approved site plan and all county and jurisdictional agencies' permits and conditions attached thereto.

(b) In cases where an architect's or engineer's services are not required, the applicant shall notify the community development director when the project is complete and shall so certify in writing that it conforms to the approved site plan, that all conditions of site plan approval have been satisfied, that it complies with all necessary county and jurisdictional agency permits and any conditions attached thereto, and that any variations have been approved in writing by the community development director.

Section 926.12. Installation and maintenance standards.

(I) Installation.

(a) All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting procedures, with the quality of plant materials as herein described. Prior to or at the time a certificate of occupancy inspection is requested of code enforcement staff, the project landscape architect or landscape contractor shall certify in writing the date he or she last inspected the landscape installation and that all installed landscape material that is required by ordinance is Florida No. 1 or better.

All elements of landscaping, exclusive of plant material, shall be installed so as to meet all other applicable ordinances and code requirements. Landscaped areas shall require protection from vehicular encroachment. A code enforcement official shall inspect all landscaping, and no final certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements provided herein.

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PROJECT CERTIFICATE OF COMPLETION REQUIREMENTS

Section 913.07(5)

(I) Final inspection; certificate of completion. Upon completion of construction of the improvements, the applicant shall provide the public works director with the following:

1. A certified letter stipulating that construction of the improvements has been completed and requesting final inspection and approval;

2. The testing reports and certificates of compliance from material suppliers;

3. Three (3) sets of as-built construction plans;

4. Documents from a registered engineer with his seal affixed certifying that the improvements have been constructed in conformity with the land development permit and the provisions of this chapter;

5. A document from the county utilities division approving all utility installations. If a municipality or other utility is serving the development with water or sewer, there must be a document indicating acceptance of the construction for the water or sewer system by the utility;

6. Release of liens and affidavit that all liens are released, or release of lien arrangements approved by the county attorney, on all improvements required by this chapter. Upon receipt of the above items, the public works division and the community development department shall review said data and make a final inspection of the constructed improvements and shall notify the applicant of any items of noncompliance with the approved construction plans and specifications. A certification of completion shall be issued by the public works director when all improvements are completed in conformity with the approved design. This certificate shall release the construction surety;

7. The public works director may issue a certificate of completion even if certain required improvements, such as sidewalks, final layers of roadway asphalt, required off-site improvements that are identified in an approved developer's agreement as "bondable", and minor items have not been completed. Such improvements may be uncompleted at the time of certificate issuance if, in the opinion of the public works director, the developer shows by competent evidence that the required improvement, if completed would be damaged by future construction and delay of completion of the improvement would not affect the health, safety or welfare of the residents of the subdivision. All such required improvements to be completed shall be specified on the certificate of completion and shall be guaranteed for future construction in accordance with subdivision ordinance section 913.10(1) or an approved developer's agreement.

No certificate of completion shall be issued until an executed warranty and maintenance agreement and maintenance security are submitted to the county by the developer in accordance with subdivision ordinance section 913.10.(2). No certificate of occupancy shall be issued for a residence in a new subdivision until a certificate of completion has been issued for the required improvements necessary to serve the residence.

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Robert M. Keating, AIC Community Development Direc

A6 FROM: Stan Boling, AICP

Planning Director

DATE: April 17, 2009

PLANNING MATTERS

SUBJECT: Planning Information Package for the April 23, 2009 Planning and Zoning Commission Meeting

For this meeting's packet, the following articles are provided:

(I) "Not a Lot of Jobs, But the Right Jobs", FloridaTrend.com, April I, 2009, Mark R. Howard.

(2) "Florida tourism looking at Cuba", The Miami Herald, April 14, 2009, Douglas Hanks.

(3) "Questions linger for revamped U.S. Sugar deal", The Miami Herald, April 9, 2009, Curtis Morgan.

( 4) "U.S. Sugar Corp. tells Florida negotiators: Take land deal or leave it", South Florida Sun-Sentinel, April 10, 2009, Andy Reid.

(5) "Florida's worsening drought sparks water fights", The Miami Herald, April 9, 2009, Curtis Morgan.

(6) "St. Johns water withdrawal permit approved", News Jacksonville, April 14, 2009, Steve Patterson.

(7) "Florida farmland, especially orange groves, loses some value", South Florida Sun-Sentinel, April 15, 2009, Jerry W. Jackson.

(8) '"Redneck Yacht Club' is fun in the mud", TC Palm, April 13, 2009, Zac Anderson.

(9) "China's Grand Plans for Eco-Cities Now Lie Abandoned", Yale Environment 360, Christina Larson

cc: Board of County Commissioners Joe Baird Michael Zito

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Not a lot of Jobs, But the Right Jobs By Mark R. Howard - 4/1/2009

Our coverage of Florida's regional economies in this issue includes boxes reflecting who's hiring in each region. In highlighting those firms, we aren't trying to pin a smiley face on a gloomy economy, or to be contrarian for its own sake. Times are indeed very tough. Part of our rationale was simply to see - given the relentlessly grim day-to-day coverage of Florida's financials -who, if anybody, is still growing. And whether any kind of thread or theme might link those firms.

Mark Howard, Executive Editor

What emerges from the coverage is a sense that the battleships of Florida's economy - construction, home sales and tourism, most obviously - may be dead in the water for the moment, but other newer, more agile craft are still making headway.

Notable is how much of the hiring involves either technical or higher-skill positions. In most places in Florida, medical personnel - from doctors to nurses and administrators - are in big demand. In Miami, a number of firms involved in international trade are still hiring. In Jacksonville, Deutsche Bank plans to hire 600 for a new financial center housing operational and support teams for the bank's investment banking operations group. OAK Resources there is looking for engineers. In Boca Raton, a software firm is adding 60 jobs in software development and support. In Broward, a manufacturing firm will add 335 jobs and more than 100,000 square feet of manufacturing space in the next two years. In southwest Florida, tech-proficient employees are in demand at enterprises ranging from an internet marketing company to engineering firms. A Massachusetts nanotechnology firm is reportedly eyeing the region. Prestimulus defense spending is generating jobs in northwest Florida and other parts of the state, including central Florida, where a defense-related simulation company will add 100 jobs by 2011.

The number of new jobs is obviously not enough to stem the overall rise in unemployment, which as of this writing was moving toward 9% statewide. But the nature of the jobs is particularly noteworthy in the context of several other, larger-scale developments. Together, they hint at fundamental changes in Florida's economy and may say more about the state's economic prospects in 2010 than current statistics that indicate the recession's shadow is lengthening.

First, Space Florida is proceeding, though not without political and media flak, with the development of spaceport operations at Cape Canaveral that are to include improvements at a launch complex the state now owns. An audit found the agency needs to complete its master plan and improve its business plan, but it also found that the agency had met most of its statutory requirements for creating partnerships with public and private universities and recruiting and retaining aerospace businesses.

Second, the state is making strides in alternate energy. Gainesville is experimenting with German-style subsidies to promote residential use of solar panels. The Florida Renewable Energy Producers Association held its second annual meeting last month. FPL has broken ground on a 75-megawatt generating facility that will be the world's first hybrid solar energy plant and the first utility-scale solar facility in Florida, with some 180,000 mirrors over roughly 500 acres at FPL's Martin Plant site. A 25-megawatt facility is slated for Polk County. Meanwhile, in Highlands County, a BPVerenium partnership expects to break ground this year on a 36-million-gallon-per-year refinery that will convert grasses into ethanol. If completed as planned in 2012, the facility will be the first commercial-scale cellulosic ethanol facility.

Third, and perhaps most significant, a powerhouse innovation corridor is emerging from Tampa Bay through central Florida and down the southeastern coast, as life-science institutions like SRI, Burnham, Torrey Pines, Max Planck and Scripps Research Institute take shape in bricks and mortar. All those institutions have either broken ground or have occupied new facilities, except for Max Planck, which plans to begin construction of its facility next year. Torrey Pines is up and running in its $40-million facility in Port St. Lucie in a 150-acre research park called the Florida Center for Innovation, which has also attracted the California-based Mann Research Center and the Oregon Health and Science

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University's Vaccine and Gene Therapy Institute. Scripps held a grand opening in February for its 350,000-sq.-ft. biomedical research facility in Jupiter. Meanwhile, at Lake Nona, just outside Orlando, a "medical city" is rising that may change central Florida's economy even more than Disney has: A new UCF medical school, Burnham, a Nemours Foundation children's hospital and a new Veterans Administration hospital will cluster on a 7,000- acre site. Alone, the medical city embodies the kind of critical mass of skills and resources that are textbook ingredients for transforming an economy.

All these developments still exist for now as a background hum, not a roar. The economy is still defined by the massive deleveraging associated with the real estate collapse - and the loss of jobs that wouldn't have been created in the first place without the make-a-wish financing and fabricated, unsustainable demand that characterized the housing boom.

But I think there's evidence that the state's economy post-recession will begin to look different from Florida's previous "three-legged stool" model. We may finally be on the way to an economy defined much less by real estate and retirees and much more by knowledge and innovation. Florida - no longer a low-cost state - will continue to draw people, but more will come for good jobs rather than sunshine and cheap land. Whether the state capitalizes on these developments will depend largely on the Legislature's ability to solve the property insurance crisis and create a higher education system and tax system that are as sophisticated as the economy is becoming. And the state's ability to avoid paving every centimeter of its natural assets as it grows.

For now, however, it's enough to point out that there's a good deal more afoot in Florida than suffering and waiting for the next wave in Florida's old boom-bust cycle.

More columns by Executive Editor Mark R. Howard Are Here. Note: Articles older than 30 days require Registration (it's quick and free).

-------------------- ------·------------© Copyright 2009 Florida Trend All Rights Reserved.

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Florida tourism looking at Cuba - 04/14/2009 - MiamiHerald.com

m:heffliami!1eralb ~ Posted on Tue, Apr. 14, 2009

Florida tourism looking at Cuba

BY DOUGLAS HANKS [email protected]

Page 1 of2

At a recent meeting in a Key West ballroom, local tourism leaders didn't just ratify a contingency plan for the day Washington lifts all travel restrictions on Cuba.

They approved some slogans, too.

We're Making History Again would promote tours of historic homes in both Havana and Key West. So Much to Catch Up On is the tag line for a hypothetical fishing tournament off the waters of both islands. And for trips splitting time between both popular tourist spots, The Keys plans this promotional campaign: Two Nations. One Vacation.

Monroe County's updated I 0-page "Cuba Strategic Marketing Plan" reflects the growing attention Cuba is getting from Florida's tourism industry. With the White House this week lifting travel restrictions for Cuban-Americans, the debate shifted to what could be the next step: allowing all Americans to visit the Communist island.

Politics aside, that possibility has long been a concern for vacation spots in Florida that fear competition from the lush and exotic island. Studies predict as many as two million Americans would vacation in Cuba in the years after the end of travel restrictions.

That potential has the Sunshine State studying how to prepare its top industry for an American tourism boom 90 miles away from its shores.

Visit Florida, the state's tourism board, issued a cautionary report in 2002 that warned one in five Florida vacationers would pick Cuba over the Sunshine State if given a choice. This week, officials at the tourism board downplayed the threat from a country with fewer hotel rooms than Detroit.

"But it is also safe to say there will be demand by Americans to see an island that has not been available to them for 50 years," Visit Florida President Bud Nocera wrote in an e-mail Tuesday. "We believe that if and when Americans are allowed to travel lo Cuba, much of that travel will be done from Florida."

The Keys drafted its Cuba plan at the start of the decade, but tourism officials decided to update it recently amid talk Washington might loosen travel restrictions. The new plan cites the Freedom to Travel to Cuba Act, a federal bill introduced in February that would lift the ban on most Americans spending money inside Cuba.

President Barack Obama has not endorsed the bill, but the planning and speculation continues.

Florida tourism bureaus see Cuba's reputation for poor accommodations as their biggest defense. The

http://www.miamiheral d. com/news/ americas/ cuba/v-print/ story/ l 000025 .html 4/15/2009

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island is known for some of the best Caribbean beaches but also bare bones service and budget accomodations.

"The service, the food, the restaurants really are as bad as the reputation," said Christopher Baker, author of a Moon travel guide to Cuba and Mi Mato Fidel: Motorcycling through Fidel's Cuba. ''Its going to be a while before Cuba gets its act together."

Nicki Grossman, head of Broward County's tourism bureau, said she has been encouraged by how few foreign tourists Fort Lauderdale currently loses to Cuba.

"It's very tough to sell Cuba," said Grossman, president of the Greater Fort Lauderdale Convention & Visitors Bureau. '' Every once in a while we'll hear from a Canadian tour operator that their group wants to go Cuba. The next year, they're back to us."

Already the Caribbean's second most popular destination behind the Dominican Republic, Cuba reported a 9 percent increase in foreign tourists last year, welcoming roughly 2.3 million, according to the Caribbean Tourism Organization.

"Florida needs to look to what the future holds for Cuba," Baker said. "A lot of the hotels going in there now are really up there -- four stars."

Sub-par hotel rooms play into The Keys' strategy for sharing in a Cuba tourism boom. The hope is Americans will opt for short trips to Havana, while spending most -- if not all -- of their nights in Key West. That relies on Key West winning authority from Washington and Havana to be a port of entry for Cuba, allowing planes and ferries to make the short trip to the island.

While the ferry docks are ready, Key West officials say they can't apply for permission until after travel restrictions disappear.

"We'll see what happens," said Virginia Panico, the top staffer at the Key West Chamber of Commerce and a visitor to Havana in May 2005 with other business executives. "We've always been talking about it."

© 2009 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com

http://www.miamiherald.com/news/ americas/ cuba/v-print/ story/ 1000025 .html 4/15/2009

Questions linger for revamped U.S. Sugar deal - 04/09/2009 - MiamiHerald.com

<!!l1e Bliami !feralb {r, Posted on Thu, Apr. 09, 2009

Questions linger for revamped U.S. Sugar deal

BY CURTIS MORGAN [email protected]

Brand new deal, same old questions.

Page 1 of2

Gov. Charlie Crist's revamped land buy with U.S. Sugar may be 60 percent smaller and cheaper, but South Florida water managers signaled Thursday they still didn't like the way the numbers added up.

They complained the bottom line -- $533 million for 72,500 acres of citrus groves and sugar fields -remains too large and the timeline for Everglades restoration projects has grown too lengthy.

The terms, still under negotiation, now call for keeping a quarter of the tracts in company hands for at least 20 years -- unless the state agrees to buy U.S. Sugar's remaining 107,500 acres at an undetermined price.

"We're paying top dollar and we can't get our hands on the land," said Michael Collins, an Islamorada fishing guide who has been the controversial deal's most outspoken critic on the South Florida Water Management District's governing board.

The board, which still must approve the deal, is scheduled to vote next month at the earliest. But in a first review, members' concerns echoed those expressed in December when they passed the previous $1.34 billion deal to buy U.S. Sugar's entire 180,000 acres -- but only by a single vote and after adding an "out" clause if plunging tax revenues threatened to bust the agency's budget.

WORTH THE PRICE?

Top district executives, who helped craft the new terms with Crist aides and U.S. Sugar executives, called this deal affordable -- even with the sputtering state economy.

"The goal has been no new taxes. That is our mantra," said Ruth Clements, the district's director of land acquisitions. The annual debt on the deal, which the district intends to bankroll with bonds, would drop from $103 million to around $45 million.

But several board members still questioned whether the agency was overpaying, noting the new terms offer $7,400 an acre for cane fields that appraisals six months ago valued at $4,000 to $4,500.

Clements said the previous contract included a "bulk discount" for buying U.S. Sugar's entire 180,000 acres. Governing board member Jerry Montgomery, a Disney executive, argued that the new deal, which still ranks as the largest conservation land purchase in state history, ought to qualify. Montgomery, saying even a lesser discount could cut $100 million from the price, urged district executives to press for a better deal.

http://www.miamiherald.com/news/ southflorida/v-print/ story/99 3 20 I .html 4/14/2009

Questions linger for revamped U.S. Sugar deal - 04/09/2009 - MiamiHerald.com Page 2 of2

The terms also set a $7,400-per-acre price for U.S. Sugar's remaining 107,500 acres, but Clements said that was simply a "walk away" number for U.S. Sugar. If the district exercises a IO-year option to buy the rest of the land, she said, it still could offer less, but the company would not be obliged to sell at less than $7,400.

U.S. Sugar executives did not attend the meeting in St. Cloud, at the northern tip of the district's 16-county region, but issued a statement saying the company was disappointed by the questions and the board's "lack ofleadership."

Company Vice President Robert Coker said the company has been flexible in an effort to salvage the governor's "bold vision for restoring the Everglades" and had negotiated with senior district staff.

"It was represented to us by them and the governor's office that a supermajority of the governing board supported these terms," Coker said in the statement.

Despite the questions, several board members did stress that the new deal was more attractive financially and would help resolve water storage and pollution problems that have plagued the Everglades, Lake Okeechobee and rivers on both coasts for decades.

"I would take this deal, as opposed to no deal," said Shannon Estenoz, an environmentalist from Plantation who is the board's vice chair.

Carol Wehle, the district's executive director, said the purchase, combined with existing district holdings, would supply "all the land needed" for reservoirs and pollution treatment marshes planned over the next 20 years. Environmentalists, who endorse the new deal, eventually want some 120,000 acres of such projects.

CRITICISM

Critics, led by the Miccosukee Tribe and rival growers, argue the land buy is a corporate bailout that will divert money from existing Everglades projects.

Barbara Miedema, vice president of the Sugar Cane Growers Cooperative of Florida, said the new deal is just the old one sliced into parts -- $533 million up front, and $795 million at the $7,400-anacre U.S. Sugar wants for the remainder under the state option.

"It's the same pig," she said. ''It's just wrapped in different paper and tagged with a pink bow."


http://www.miamiherald.com/news/southflorida/v-print/ story /993 20 I .html 4/14/2009

U.S. Sugar Corp. tells Florida negotiators: Take land deal or leave it -- South Florida Sun-... Page I of 2

sun-sentinel.corn/news/local/palmbeach/sfl-everglades-land-deal-p041009pnapr 10,0,2105219 .story

South Florida Sun-Sentinel.com

U.S. Sugar Corp. tells Florida negotiators: Take land deal or leave it

District officials want lower price to buy land for restoring water flow

By Andy Reid

South Florida Sun-Sentinel

April I 0, 2009

Lingering cost concerns about the state's scaled-down $533 million Everglades land deal prompted a take-it-or- 1·cc--~·~··=~=·· leave-it message Thursday from U.S. Sugar Corp.

But board members said negotiators should try to lower the average per-acre price to get the deal closer to $300 million to $400 million.

The district also wants to keep a clause allowing the CLICK FOR SOUND

agency to back out before the deal closes if the state budget crunch worsens.

U.S. Sugar responded by issuing a statement that the company was "extremely disappointed with the lack ofleadership" from the board.

State negotiators assured U.S. Sugar a majority on the board agreed with the terms of the latest version of the land deal, announced by Gov. Charlie Crist last week, according to U.S. Sugar Senior Vice President Robert Coker.

The current terms are the "last and only chance" to get a deal done, Coker said.

"It is either these terms that were negotiated by senior staff of the [district] or there will be no transaction," Coker said. "We need to know now so that we can either finish up the paperwork or U.S. Sugar will move on."

The struggling economy killed the governor's prior $1.34 billion plan to buy 180,000 acres of U.S. Sugar farmland to build reservoirs and water treatment areas.

http://www.sun-sentinel. corn/news/local/palmbeach/ sfl-everglades-land-deal-p041009pnap... 4/14/2009

U.S. Sugar Corp. tells Florida negotiators: Take land deal or leave it -- South Florida Sun-... Page 2 of2

The new deal leaves open the chance for the state to eventually acquire the same amount of land. It gives the district a IO-year option to buy another 107,500 acres owned by U.S. Sugar if the economy rebounds and the district's financial position improves.

U.S. Sugar would get to lease back much of the 72,500 acres until the district can begin the restoration projects.

The contract is to go back to the district's board in May.

Supporters contend the chance to buy large swaths of farmland between Lake Okeechobee and the Everglades makes the deal worth pursuing.

"I would take this deal as opposed to no deal," said Board Member Shannon Esten oz, who represents Broward County. "I do have anxiety about losing the opportunity."

Critics say the proposed land purchase still threatens to eat up money needed for stalled Everglades projects. Some previously planned reservoirs already have been put on hold.

"What we need is water storage and we need it today," said board member Michael Collins, who has opposed the cost of the U.S. Sugar deal and said it could cause construction delays. "The deals we've been brought stink."

The $150 per acre per year lease payments from U.S. Sugar would be triple the $50 per acre proposed in the last deal, but still below the $200- to $250-per-acre market rate identified by district appraisers.

IfU.S. Sugar gets the $150 rate, it would have to abide by tougher pollution standards in its farming operations.

Ifby year seven of the deal the district hasn't moved ahead with buying the remaining 107,500 acres, the proposed agreement would extend U.S. Sugar's lease by three years.

If the district by year IO still hasn't agreed to buy the remaining land, U.S. Sugar's lease would continue another 10 years.

The lease terms are an effort to "leverage" the district into pushing ahead with the larger future land purchase, Collins said.

"We are paying top dollar and we can't get our hands on the land," Collins said.

Andy Reid can be reached at [email protected] or 561-228-5504.

Lake O releases

South Florida water managers declined to take a position on whether more Lake Okeechobee water should be released to sea. The district board left the decision to the Army Corps of Engineers. » Page 5

Copyright© 2009, South Florida Sun-Sentinel

http://www. sun-sentinel. com/news/local/palmbeach/ sfl-everglades-land-deal-p041009pnap... 4/14/2009

Florida's worsening drought sparks water fights - 04/09/2009 - MiamiHerald.com

il1e fflian1i !ieralb ~ Posted on Thu, Apr. 09, 2009

Florida's worsening drought sparks water fights

BY CURTIS MORGAN [email protected]

Page 1 of2

Everglades marshes and Big Cypress swamps are drying up. Estuaries at the mouths of the St. Lucie and Caloosahatchee rivers are turning too salty. Lake Okeechobee, brimming from Tropical Storm Fay less than a year ago, is slipping into the low zone again.

If smoke wafting from Palmetto Bay brush fires didn't provide a clear enough signal that South Florida is once again in the grips of a dangerous dry spell, water managers on Wednesday waved lots ofred flags.

With water levels dropping and most counties already on severe watering restrictions, the South Florida Water Management District governing board is facing tough decisions on how to ration a dwindling resource before the rainy season kicks in -- with any luck, sometime next month.

District Chairman Eric Buermann termed the worsening conditions '' very sobering."

Representatives from Lee County, led by its commission Chairman Ray Judah, appealed to the board to continue releases from Lake Okeechobee down the Caloosahatchee to protect drinking water supplies and a rich Pine Island Sound fishery that is a major tourist draw.

The board made no decision, but district engineers warned that helping one side of the state, in this case the parched southwest coast, could raise risks of damaging ripple effects affecting farmers and other cities that rely on the lake's water. The lake was at 11.93 feet above sea level Wednesday, a foot and a half above last year's drought-driven low but more than two feet below normal.

Heavy rains in the middle and at the end of March kept canal and groundwater levels in coastal Miami-Dade and Broward counties in decent shape, but levels are falling across much of the rest of the region.

March produced only 1.39 inches of rain, less than half of the average -- and it was actually wetter than most months this winter. Overall, the region has received less than 30 percent of its normal rainfall.

"If we don't get an inch of rain in the next three weeks, this will be the driest dry season on record," said Matahel Ansar, the district's deputy operations manager.

Water has dropped below ground level in the Everglades from the park on up north of Alligator Alley in Broward County.

Meanwhile, the Water Management District's board, meeting at the northern end of its 16-county area, deferred discussions on whether to endorse Gov. Charlie Crist's downsized $533 million land deal

http://www.miamiherald.com/news/miami-dade/v-print/ story /99148 5 .html 4/14/2009

Florida's worsening drought sparks water fights - 04/09/2009 - MiamiHerald.com Page 2 of2

with U.S. Sugar until Thursday.

Mike Collins, a board member who has been the most vocal critic of the U.S. Sugar deal, said the drought shows why the district would be better served building more reservoirs than buying more land.

Water managers say the region lucked out last year when Tropical Storm Fay dumped 20 inches north of Lake Okeechobee, erasing the last long and damaging drought in a few days.

"That's all we have between us and disaster," Collins said.


http://www.miamiherald.com/news/miami-dade/v-print/ story /99148 5 .html 4/14/2009

St. Johns water withdrawal permit approved I Jacksonville.com

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St. Johns water withdrawal permit approved Northeast Florida's last-ditch effort to stop plan fails on 5-4 vote

BY STEVE PATTERSON STORY UPDATED AT 7:53 AM ON TUESDAY, APR. 14, 2009

Related Stories » Water fight: Ce11tral Flonda wants e'len more from river

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PALATKA-A plan to take water from the St. Johns River to supply growing Central Florida suburbs won approval from a state agency Monday despite pleas from scores of opponents.

"This is the most difficult decision that has come to the board ln my term," said Susan Hughes, chairman of the St. Johns River Water Management District board.

She supported the permit, whtch the board passed on a 5-4 vote.

The decision allows Seminole County's utllity system to take up to 5.5 million gallons daily for drinking water and lawn watering.

Many critics warried that would open a floodgate of communities wanting to take far more.

~This 5.5-million-gallon withdrawal is the proverbial camel's nose under the tent," St. Johns County Commission Chairman Cyndi Stevenson argued.

Several Central Florida communities have considered using river water because of a management district decision that their region must find additional water sources to avoid draining ground water supplies dangerously low. The Intake system Seminole offic!als have planned could accommodate 50 million gallons daily, creating extra capacity that other communities could pay to use if the management district approved separate permits for them.

Hughes said the permit reflected a tipping point in how that part of the state addresses water needs but added that the management district wlll weigh any new requests carefully.

About 300 people filled the agency's board room and two overflow rooms to witness the meeting and a public hearing where dozens criticized the withdrawal and one speaker supported it,

Opponents argued the river will suffer if withdrawals of fresh water encourage intrusion of ocean water and slow down the river's natural flow, letting pollutants remain in the waterway longer.

Board members who supported the measure said there's no evidence the withdrawal, which represents a minute portion of the river's volume, would have any meaningful impact.

"I'm absolutely convinced ... there will be no harm to the river," said board member David Graham of Jacksonville.

Voting with him and Hughes were members Douglas Bournique, Ann Moore and Michael Ertel, who is Seminole County's supervisor of elections.

The St. Johns Riverkeeper, Jacksonville and St. Johns County all sued last year to prevent the withdrawals being permitted but lost their case after a lengthy hearing before a state administrative law judge.

Jacksonvllle Mayor John Peyton asked the management district one last time Monday not to issue the permit, say!ng Seminole County wouldn't really need river water for six years. By then, he said, a detailed study on the ecological Impacts of withdrawals would be finished. The permit covers 20 years.

"We are not going to stand here and tell you there isn't a time where the St. Johns River should be considered as a water supply," Peyton said. "It simply Isn't prudent to go forward with a permit at this time."

He described the city's fight as being "near to the end of the road."

But St. Johns Riverkeeper Neil Armingeon said his group will look for ways to challenge the matter further.

He expressed bitter disappointment with the vote.

"This agency failed the people of Florida, failed the St. Johns River," he said.

steve.patlerson((i\Jacksorwille.corn, (904) 359-4263

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Florida farmland, especially orange groves, loses some value -- South Florida Sun-Sen tin... Page I of 1

sun-sentinel.com/business/sfl-farmland-citrus-c04 I 509sbapr I 5 ,0,203696.story

South Florida Sun-Sentinel.com

Florida farmland, especially orange groves, loses some value

By Jerry W. Jackson

Orlando Sentinel

April I 5, 2009

The value of Florida farmland fell last year, with citrus acreage taking one of the steeper tumbles in the face of the weaker national and state economy, slower state population growth and declining citrus prices.

Mature orange groves lost an average of nearly I 7 percent of their value, dropping to $13,500 an acre, according to the latest Florida Land Value Survey by the University of Florida's Food and Resource Economics Department.

With less demand for acreage from developers, farmland within five miles of a major city, identified as land in "transition" to urban use, lost 55 percent of its value in North Florida and 39 percent in the central and southern half of the state.

Rural appraisers, farm lenders, real estate brokers, farm managers and others surveyed said all types of farmland declined in value compared with 2007, except for transitional land farther than 5 miles from a major town in the southern half of the state. That particular category rose 5 percent in value on average to $27,150 an acre.

Copyright© 2009, Southflorida Sun-Sentinel

http://www.sun-sentinel.com/business/sfl-farmland-ci trus-c04 I 509sbapr I 5, 0 ,5 7 6403 7 ,prin... 4/ I 5/2009

of3

Stan Boling

From: ghamner [[email protected]]

Sent: Thursday, April 16, 2009 11 :16 AM

To: Ron Edwards

Subject: New Land Use

TC PALM__,_~ FLOPJDA's TREASURE Co:,sT ,\ND PAl.},:'1 BUCH ES READ MORE AT V1•",l\i'W.TCPAU~1.co,1,.,1

'Redneck Yacht Club' is fun in the mud By By Z/'-\C ANDERSON S:J1·;"so1:::t He1·,_1IC:-Tt-il1une O1·:~11nally publ1si1eci 0f3:i5 a.1T1., /\pril 13, 2009

Updated 0S:·I5 a.m .. Aprii 13, 2009

SARASOTA- Conquering mud is a Kelly family tradition. Before the Everglades were drained, Kelly's

grandfather built a primitive mud buggy from Henry Ford's original Model A truck, replacing the tires with

chain-wrapped airplane wheels.

The modifications were a necessity for hunting in the swamps. Since those days, "muddin"' has morphed

into a popular hobby.

Popular enough, that Kelly went into debt and spent $1 million in his quest for the perfect mud pit.

The investment seems to be paying off, with thousands of people flocking to rural eastern Charlotte County,

paying $30 a day to test their custom-built buggies on Kelly's soggy new 800-acre playground for off-road

vehicles - playfully named the Redneck Yacht Club.

Amid a sagging economy, with real estate and stock prices floundering, mud might be a good investment.

"Florida has golf courses, boating - this is just another place for people to go play," Kelly, 57, said last

week, his Jeep bumping along a dirt path in the park.

The Redneck Yacht Club opened in February after a rigorous two-year government permitting process.

Already it is generating major buzz in the state's muddin' subculture.

About two miles long and a mile wide - with enough space for more than 3,000 vehicles - the park is the

largest off-road vehicle attraction in Florida, an earthly paradise for ATV enthusiasts and swamp buggy

aficionados.

Mud as far as the eye can see.

Big mud pits.

Small mud pits.

4/16/2009

of3

All surrounded by three campgrounds, secluded forest trails, a racetrack, barbecue vendors, even a "buggy

wash."

"Awesome, that's all I can say about this place," said Tony Bilhardt, an Englewood native with a jacked-up

1983 Dodge Ram who grew up spinning his tires in mud pits around Sarasota County, before "they closed

everything up and left us with nowhere to play."

Kelly had people like Bilhardt in mind when he began sketching out his plan to convert part of his potato

farm into a massive mud park three years ago.

Growing up in Fort Myers, Kelly was chased out of more than one mud hole.

Off-road enthusiasts are often reduced to trespassing, a frequent problem in places like North Port and rural

Southwest Florida.

Kelly wanted something legitimate and safe. He employs 15 security officers and has two paramedics for

every event. His insurance costs are so high he refuses to even talk about it.

Kelly also wanted something nice.

He realizes that people unfamiliar with the subculture might not think a mud hole can be nice.

But many Redneck Yacht Club visitors are impressed with the park's orderly design and management.

"It's secure," said Venice resident Callie Wallace. "I like the fact that they have rules. Other place are kind of

a free-for-all."

Kelly is a marine contractor who employs 50 people. He makes a good living building bridges and marinas

from Key West to Tampa.

Precision and quality are obsessions for a man who worked hard for his success. The son of a small potato

farmer, Kelly began his marine career by fixing propellers and scraping barnacles off boats.

Every section of Kelly's park is neatly divided with fences constructed from leftover dock pilings that Kelly

recycled from his marine business.

Much like a groundskeeper on a golf course, Kelly grooms his park regularly - only with a bulldozer instead

of a lawn mower.

The mud must be a certain consistency. Too soft and too many people will get stuck. Too hard and it is not a

challenge.

Bumping through the park in his Jeep Wrangler, Kelly stops to pick up any stray bottle or piece of plastic.

This is his dream. He wants it to be perfect.

4/16/2009

of3

Kelly's brown cowboy boot steps on the gas and the Jeep plunges straight into a mud pit.

Tires 40 inches wide churn in three feet of muck.

Kelly grins from under his red baseball cap and his tan hands grip hard on the faded steering wheel.

The Jeep stops moving. The engine revs for a few seconds, and Kelly cracks that it might be time to start

pushing, before the vehicle finally lurches forward again.

Perfect mud.

"If there ain't a chance of gettin' stuck, it ain't right," Kelly says.

Naples resident Rob Morrison could not agree more.

The diesel mechanic spent $15,000 building his mud machine. It has tires as high as a tall man's neck. A

skull is fixed to the front.

Before long Morrison is stuck in the mud and has to yell for a tow. But that is part of the fun.

"This place is kick-butt," he said. "A lot of people have a lot of money tied up in these machines, and we

need a place to ride."

Kelly and his 26-year-old son Dane - who supervised much of the construction - love to kick back and

watch guys like Morrison enjoy the park. Half the fun of the Redneck Yacht Club is watching the parade of

customized vehicles.

An old limousine shows up with tires larger than a kitchen table. Some of the vehicles cost more than

$100,000, others less than $1,000.

Kelly's buggy is among the largest and most expensive, but it takes a lot of cajoling for him to talk about the

cost.

The son of a potato farmer still feels a little sheepish about spending so much money on mud.

"A million dollars for mud? I guess that's hard for some people to understand," he said. "But this was a

dream of mine."

This article is an AP Business Exchange story.

© 2009 Scripps Treasure Coast Newspapers

4/16/2009

Yale Environment 360: China's Grand Plans for <br/>Eco-Cities Now Lie Abandoned Page I of3

REPORT

China's Grand Plans for Eco-Cities Now Lie Abandoned Mostly conceived by international architects, China's eco-cities were intended to be models of green urban design. But the planning was done with little awareness of how local people lived, and the much-touted projects have largely been scrapped. BY CHRISTINA LARSON

If all had gone as planned, "the world's first eco-city," as press releases billed it back in 2005, would now be well on its way to completion.

The visionary project called for a grassy island near the crowded metropolis of Shanghai to be transformed from a marshy backwater into

a gleaming community of energy-efficient buildings housing 50,000 people. Waste was to have been recycled as fuel and the waterfronts

were to be lined with sleek micro-windmills, The original timetable called for the first phase of construction to be completed by the

Shanghai Expo in 2010, enabling the city to showcase its commitment to building a green future. Within 30 years, the planned

community, Dongtan, would grow to accommodate half a million people.

Enlarge image

Arup

Today, almost nothing has been built. Some residents have been moved off the island, many of them

becoming cab drivers in bustling Shanghai. Although the project was widely publicized

internationally, most locals knew little about it. The political leaders who championed the project

were ousted in a corruption scandal, and their successors have allowed construction permits to

lapse.

An artist's rendering of Dongtan, near Shanghai.

Meanwhile local environmentalists and academics have recently spoken out against the project in

the Chinese press, noting that the planned construction site happened to be located on the last

extant wetlands outside Shanghai, home to rare migratory birds. A farmer with fields near the project site told a reporter in 2007 that he

hadn't been informed, let alone consulted, about intentions to transform the area. What you will see if you visit the site today, according

to Paul French, a Shanghai-based partner in research publisher Access Asia, is that "no construction has occurred there - indeed it's gone

backwards as a visitor center previously built is now shut."

ClHl\.-\

[l.:,n,_

Yale Environment 360 Highly touted cco-citic.s in Dongtan and Huangba1yu have run into trnuble.

, Dongtan and other highly touted eco-cities across China were meant to be models of sustainable design for

· the future. Instead they've become models of bold visions that mostly stayed on the drawing boards - or

collapsed from shoddy implementation. More often than not, these vaunted eco-cities have been designed

by big-name foreign architectural and engineering firms who plunged into the projects with little

understanding of Chinese politics, culture, and economics - and with little feel for the needs of local

residents whom the utopian communities were designed to serve.

"What I have always found amazing about these eco-towns is how seemingly easy it is for people to, first,

tout these as a sign of China's commitment to the environment and then, second, be surprised when things

· fail," writes Richard Brubaker, founder and managing director of China Strategic Development Partners.

Shannon May, a Ph.D. candidate in anthropology at the University of California, Berkeley who has studied

the troubled eco-city of Huangbaiyu, wrote in comments posted on The Christian Science Monitor's Web site, "While such highly lauded

projects garner fame and money for the foreign firms, and promotions for the local government officials, they leave the population they

were supposed to serve behind."

The Huangbaiyu project sought to transform a small village in northeast China's Liaoning province into a more energy-efficient

community. Part of the vision was to use special hay and pressed-earth bricks for construction. Unfortunately, of the first 42 homes

completed in 2006, only a handful were built with the custom bricks. As the magazine Ethical Corporation has reported, cost overruns

made the homes unaffordable to many villagers. In other instances, although homes were available, the farmers refused to live in them,

complaining that the new yards weren't large enough to raise animals and sustain a livelihood.

http://e360.yale.edu/content/print.msp?id=213 8 4/17/2009

Yale Environment 360: China's Grand Plans for <br/>Eco-Cities Now Lie Abandoned Page 2 of3

Some of the homes in Huangbaiyu were built with garages, although villagers don't have cars.

Among the problems besetting the project were "technical

inexperience, faulty materials, lack of oversight, and poor

communication," says May, who has studied the site. Oddly, some of

the homes were built with garages, although villagers don't have cars.

While disappointing, these results shouldn't be surprising. In China, hype comes easy, as foreigners dearly want to believe that anything is

possible in this booming country. Initial expectations often aren't well grounded, and people make easy pronouncements with little

familiarity of how things work in China.

In the cases of Dongtan and Huangbaiyu, the stumbling blocks encountered were not inevitable, and lessons for the future can be gleaned

in examining the projects' fate.

Some of the problems are common to high-profile, visionary projects across China. Richard "Tad" Ferris, a Washington, D.C., lawyer for

the firm Holland & Knight, explains that there exists in China, especially in Chinese law, an "aspirational culture" rather than a

"compliance culture" - meaning that implementation and oversight of regulations and plans frequently fall short of reality. Anyone who

has ever walked down the streets of Beijing, where sidewalks slabs with raised bumps for blind pedestrians suddenly veer into open

manhole covers, knows that paths paved with progressive intentions can be strewn with peril.

But there's another side of the story. The most highly publicized eco-cities, including Dongtan and Huangbaiyu, drew upon expertise from

some of the most vaunted international architectural and design firms. The vision for an eco-city on the outskirts of Shanghai was first

hatched by the international consulting firm McKinsey & Company. The well-regarded UK-based design, engineering, planning, and

business consulting firm, Arup, designed what its Web site describes as the "master plan" for Dongtan. In 2005, British Prime Minister

Tony Blair even hailed collaboration on Dongtan as a sign of strong U.K.-China relations.

And William McDonough - a U.S. architect, author of Cradle to Cradle, and a celebrated figure in the American green architecture

movement - worked on the design of Huangbaiyu, as well as "conceptual plans" for other eco-projects across China.

As Wen Bo, a Beijing-based environmentalist and co-director of Pacific Environment's China programs, observes: "I know that some very

experienced international firms, including a U.K.-based construction company and the American architecture firm of William

McDonough, were involved in planning; it seems to me that they should share some of the responsibility for any problems encountered."

China has become a lnboratory for ne\v technology and g]obal talent seeking to realize their futuristic visions.

Like it or not, China has become a workshop for the world, a

laboratory for new technology and global talent seeking to

realize their futuristic visions. Foreign architects have designed

many of Beijing's most famous architectural landmarks,

including the Olympic "Bird's Nest," "Aquacube," and CCTV towers. This international spotlight helps explain both the high hopes - and,

in this case, great disappointment - connected with these eco-cities. As Wen tellingly notes, these particular projects were always much

better known outside China than inside.

The sentiments voiced by McDonough several years ago typified the grand aspirations of the eco-city planners. In a slideshow

presentation now available on YouTubc, he said, "I will finish by showing you a new city we're designing for the Chinese government.

We're doing 12 cities for China right now, based on Cradle to Cradle, as templates. Our assignment is to develop protocols for the housing

of 400 million people in 12 years ... "

Today, with increasingly critical coverage of eco-cities in the press, McDonough's architecture and community design firm, William

McDonough+ Partners, is downplaying its involvement in China. According to Kira Gould, the firm's director of communications, "While

we have in the past done some very limited conceptual planning work in China, we are not doing any community design/planning work

there at this time."

Even after problems came to light, Arup continued to promote its involvement in the Dongtan eco-city, although the language of recent

press releases and public statements is carefully worded to leave unclear whether the project has been built. A spokesperson from Arup

was not available for comment.

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Yale Environment 360: China's Grand Plans for <br/>Eco-Cities Now Lie Abandoned Page 3 of3

So why did these plans not come to fruition?

In the case of Dongtan, as Paul French explains in a podcast posted on the Ethical Corporation web site, one problem was a feud over who

would actually fund the project. "Both sides - Arup, on one side, who call themselves the 'master builders' of the project - and Shanghai

Industrial Investment Corporation (the Chinese government arm that owns the land) -thought the other was going to pay for it. So Arup

thought they were brought in on a project that they would then be able to design, the Chinese would build it, and pay them a large amount

of money. The Chinese thought that Arup was going to build the project and that they would get themselves a free eco-city."

A second stumbling block has been the highly politicized nature of the project. When former Shanghai Communist Party chief Chen

Liangyu, a well-known backer of the project, was sentenced in :wo8 to 18 years in prison for bribery and abuse of power, the process

stalled. According to Peggy Liu, chairperson of the Joint U.S.-China Cooperation on Clean Energy, "Dongtan got stuck mainly due to the

transition of Shanghai mayors."

In the case of Huangbaiyu, a lack of understanding of local needs presented problems. So, too, did a lack of sound oversight: no one

effectively ensured that plans on paper were consistently translated into projects on the ground. The small plots and mix-up with the eco

bricks are telling examples of the confusion in construction.

Lately) there is rnore enthusiasm in China for better green building codes than for designing new cities.

In order for a green community to succeed, it not only has to limit

carbon emissions but actually be livable - and adapted to local

circumstances. Without extensive consultation with local people,

it's a challenge for foreign planners, even with the best of

intentions, to understand what is required to transplant a farmer who grew up plowing fields into a city dweller. (One of McDonough's

blueprints, for another planned eco-city in Liuzhou, called for farmers to use rooftop fields, connected by tiny bridges. Whether or not it's

a workable ecological solution, one wonders how well recent transplants from the countryside would tolerate vertiginous crisscrossing

between buildings.) This is one reason Brubaker stresses the need for more community consultation and a "locally guided process."

Other, less-publicized approaches to building eco-cities are now underway in China that so far seem to be making more progress. A

partnership between the Singapore government and the local government to build an eco-city near Tianjin looks more promising, in part

because money is coming from both sources and the project is expected to earn not only global kudos but money, making a greater level of

supervision and follow-through more likely.

On the whole, within China, there has lately been more enthusiasm for expanding green building codes than building new cities from

scratch. "Enforceable green building codes, with the designers' and planners' willingness to follow them, is very important," says Wen Bo.

"Such grand eco-city plans themselves are not eco-friendly."

POSTED ON 05 APR 2009 IN

•iri· ;:""'" ABOUT THE AUTHOR

\,~ · .f Her reportmg has brought her to seven proVInces across Chma, as well to Cambodia, Vietnam, and Thailand, and her

...

_.-.. ·.- -,- ~\ Chnstma ~arson 1s aJournahst focusmg on i~ternat10nal en~ronmental issues, ba~ed i_n BeiJing and W~shmgton, D.C.

!:I , _i ~1 writing has appeared in The New York Times, The New Republic, and The Washington Monthly, where she is a

contributing editor. In previous articles from China for Yale Environment 36u, she has written about a Chinl'sc cmirnBrne11tafo,t's righl

to save the Yellow River and a Chinese srientist's efforts to stop a massive government-sponsored water project.

© 2008 Yak0 Environment ]60

http://e360.yale.edu/content/print.msp?id=2 l 3 8 4/17/2009