donna keys-district i jens tripson-district 3, vice chairman … · 2018. 4. 8. · planning and...

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PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman Jonathan Day-District 4 Brad Emmons-District 5 Todd Brognano-Member at Large George F. Hamner, Jr.,-Member at Large Carol Johnson - Non-voting liaison School Board Sam Zimmerman-District 2, Chairman The Planning and Zoning Commission will meet at 7:00 p.m. on THURSDAY, July 12, 2012, in the County Commission Chambers of the County Administration Building, 180 I 27 th 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 #I ITEM#2 ITEM#3 AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A. May 31, 2012 ITEM ON CONSENT A. Windsor Block 46: Request for preliminary planned development (PD) plan/plat approval for Windsor Block 46. Windsor Properties, Inc.'s, Owner. Schulke, Bittle & Stoddard, Inc., Agent. Located close to Windsor's north perimeter. Zoning Classification: (RS-3, Residential Single Family (up to 3 units per acre). Land Use Designation: L-1, Low Density I (up to 3 units per acre). Block 46 density 3.9 units per acre. Overall Windsor density: less than I unit per acre. (PD-12-07-01 / 2005060753-68263) [Quasi-Judicial] F;\Community Developrnent\Users\CurDev\P&Z\Agenda & Lists 2012\7-12-12 agenda.doc

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Page 1: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

PLANNING AND ZONING COMMISSION (P&Z)

Donna Keys-District I Jens Tripson-District 3, Vice Chairman Jonathan Day-District 4 Brad Emmons-District 5 Todd Brognano-Member at Large George F. Hamner, Jr.,-Member at Large

Carol Johnson - Non-voting liaison School Board

Sam Zimmerman-District 2, Chairman

The Planning and Zoning Commission will meet at 7:00 p.m. on THURSDAY, July 12, 2012, in the County Commission Chambers of the County Administration Building, 180 I 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 #I

ITEM#2

ITEM#3

AGENDA

CALL TO ORDER AND PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

A. May 31, 2012

ITEM ON CONSENT

A. Windsor Block 46: Request for preliminary planned development (PD) plan/plat approval for Windsor Block 46. Windsor Properties, Inc.'s, Owner. Schulke, Bittle & Stoddard, Inc., Agent. Located close to Windsor's north perimeter. Zoning Classification: (RS-3, Residential Single Family (up to 3 units per acre). Land Use Designation: L-1, Low Density I (up to 3 units per acre). Block 46 density 3.9 units per acre. Overall Windsor density: less than I unit per acre. (PD-12-07-01 / 2005060753-68263) [Quasi-Judicial]

F;\Community Developrnent\Users\CurDev\P&Z\Agenda & Lists 2012\7-12-12 agenda.doc

Page 2: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

ITEM #4

ITEM #5

ITEM#6

ITEM #7

ITEM#8

ITEMS NOT ON CONSENT

A. INEOS: Request for major site plan approval for a vegetation debris drop-off facility and bio-fuel plant feedstock processing area. INEOS New Planet BioEnergy, Owner. CDM Smith, Inc., Agent. Located at the southwest comer of Oslo Road and 74th Avenue SW. Zoning Classification: C/1: Commercial/Industrial. Land Use Designation: IG: General Industrial. (SP-MA-12-09-19 I 91050251-68698) [Quasi-Judicial]

B. Cairns 80 Acre Sand Mine: Request to change the haul route for the Cairns 80 acre sand mine. Astro LLC, Owner. MBV Engineering, Inc., Agent. Located on the west side of 122nd Avenue, south of 9th Street SW (Oslo Road). Zoning Classification: A-2, Agricultural (up to 1 unit per 10 acres). Land Use Designation: AG-2, Agricultural (up to 1 unit per 10 acres). Proposed haul route: Oslo Road "Extension" and Oslo Road from 122nd Avenue to 82nd Avenue. (2006060083/ AA-11-10-92) [Quasi-Judicial]

COMMISSIONERS MATTERS

PLANNING MATTERS

A. Planning Information Package

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 rs MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE ON WHICH THE APPEAL IS BASED.

ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONT ACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772-226-1223, 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 Developmcnt\Users\CurDev\P&Z\Agenda & Lists 20 ! 2\7-12-12 agenda.doc 2

Page 3: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

PLANNING AND ZONING COMMISSION :ITEf() ,#2..

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, May 31, 2012 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircgov.com/Boards/PZC/2012.

Present were members: Chairman Sam Zimmerman, District 2 Appointee; Jens Tripson, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee (7:06 p.m.); Brad Emmons, District 5 Appointee; Todd Brognano and George Hamner, Members-at-Large.

Absent were Donna Keys, Interim District 1 Appointee and Carol Johnson, non-voting School Board Liaison {both excused).

Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Robert Keating, Community Development Director; Stan Boling, Planning Director; Roland DeBlois, Environmental and Code Enforcement Chief; John McCoy, Senior Planner; and Reta Smith, Recording Secretary.

Call to Order and Pledge of Allegiance

The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance.

Approval of Minutes

ON MOTION BY Mr. Brognano, SECONDED BY Mr. Emmons, the members voted unanimously (6-0) to approve the minutes of the meeting of April 26, 2012, as presented.

Item Not on Consent:

Chairman Zimmerman read the following into the record:

A. Fire Station 13: Request for administrative permit use approval for a facility to be known as Fire Station 13. Indian River County Department of Emergency Services, Owner. Carter Associates, Inc., Agent. Located at 4330 4th Street. Zoning Classification: RS-3, Residential Single-Family (up to 3 units/acre). Land Use Designation: L-1, Low Density 1 (up to 3 units/acre). (SP-Ml-12-07-15 / 2012010018-68258) [Quasi-Judicial]

PZC/Unapproved 1 May 31, 2012

Page 4: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

Attorney Bill DeBraal, Deputy County Attorney administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter.

Mr. John McCoy, IRC Senior Planner, reviewed the information contained in his memorandum dated May 21, 2012, and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He concluded with staff's recommendation that the PZC grant administrative permit use approval for the proposed fire station and associated facilities, subject to the following conditions:

1 . Prior to issuance of a land clearing and tree removal permit, the applicant shall pay for fee-in-lieu to mitigate removal of specimen trees.

2. Prior to issuance of Certificate of Occupancy (C.O.) for each phase, the buffering located within the respective phase must be completed.

3. Prior to issuance of a Certificate of Occupancy (C.O.) for Phase II, the sidewalk segment along the site's 4th Street frontage shall be constructed or bonded.

Chairman Zimmerman asked the Commissioners to reveal any ex-parte communication with the applicant or any contact that would not allow them to make an unbiased decision.

All Commissioners replied they had not had any ex-parte communication on this item.

Chairman Zimmerman inquired if anyone from the audience wished to speak on this matter, and nobody came forth.

ON MOTION BY Mr. Brognano, SECONDED BY Mr. Tripson, the members voted unanimously (6-0) to approve staff's recommendation to grant administrative permit use approval with the noted conditions.

Public Hearings

Chairman Zimmerman read the following into the record:

A. Audubon Community Center: Request for special exception use approval for a community center. Pelican Island Audubon Society, Owner. Carter Associates, Inc., Agent. Located on the south side of Oslo Road (9th Street SE) approximately 1,000' east of US Highway 1. Zoning Classification: RM-6, Residential Multi-Family (up to 6 units/acre). Land Use Designation: L-2, Low Density 2 (up to 6 units/acre). (SP-MA-12-05-09 I 2011090022-67944) [Quasi-Judicial]

PZC/Unapproved 2 May 31, 2012

Page 5: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

Attorney DeBraal administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter.

Mr. Tripson disclosed he was on the board and an officer of the Pelican Island Audubon Society (PIAS) for 24 years; however he had not been such since early 2010 and at this point was merely a member. He reported IRC Attorney Polackwich had advised because he had no vested interest he was able to take part in today's vote.

Dr. Day specified he was a neighbor who worked at the University of Florida (UF) Medical Entomology Laboratory but he had no vested interest.

Mr. McCoy reviewed the information contained in his memorandum dated May 17, 2012, and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He concluded with staff's recommendation that the PZC recommend that the Board of County Commissioners (BCC) grant special exception use approval for the PIAS community center facility with the following conditions:

1. Prior to the issuance of a land clearing and tree removal permit, the applicant shall provide a tree mitigation final plan acceptable to IRC Environmental Planning staff.

2. Prior to issuance of a C.O. the applicant shall:

a. Construct the Type "B" buffer as depicted on the plans. b. Construct or bond-out for construction of the required sidewalk along

the project's Oslo Road frontage. c. Plant all on-site and off-site mitigation trees.

Sidewalks and the parking area were discussed.

Attorney DeBraal inquired if a gift shop would be allowed on the site and Mr. McCoy confirmed it would be allowed as long as it was an accessory use.

Attorney DeBraal wondered if there were any procedures that had to be followed for future recipients of the land if the PIAS were ever dissolved.

Mr. Richard Baker, 522 North Blue Island Street, Sebastian, Florida, stated he was the President of PIAS and detailed if the Society went away the property would likely be given to the County. He strongly doubted PIAS would cease to exist; however he agreed the condition for donation to the County could be put into its bylaws.

Attorney DeBraal asked if any permission would be needed from the property owner in the event PIAS was not longer in existence.

PZC/Unapproved 3 May 31, 2012

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Mr. Walter Tabachnick, 465 40th Court Southwest, Vero Beach, Florida, Director of the UF Medical Entomology Laboratory, pointed out the land was previously owned by the UF Foundation and it would be a free and clear sale, contingent of the approval of the building.

Chairman Zimmerman opened the public hearing at 7:25 p.m.

Mr. Charles Searcy, 1035 22nd Avenue, Vero Beach, Florida, asserted the County had spent a lot of money taking care of environmentally sensitive land and this site was surrounding by conservation lands, therefore he did not feel it made sense to allow construction of any kind of facility on this particular property. He felt if a developer came to this meeting today and asking for PZC permission to build on this site, a lot of people from the PIAS would be in opposition, and he was against any construction on the site.

Chairman Zimmerman pointed out this property was zoned RM-6 and it was not conservation land. He understood this would be a place people could come and learn about the environment, and he personally could not think of a more appropriate use for something zoned multi-family and surrounded by conservation area.

Mr. Robert Keating, IRC Community Development Director, gave a brief history of the zoning on the subject property and the surrounding area.

Chairman Zimmerman closed the public hearing at 7:35 p.m.

ON MOTION BY Mr. Brognano, SECONDED BY Dr. Day, the members voted unanimously (6-0) to recommend the Board of County Commissioners approve staff's recommendations to grant special exception use approval for a community center with the conditions as outlined above.

B. Consideration of Proposed LDR (Land Development Regulation) Amendments [Legislative]

Mr. Stan Boling, IRC Planning Director, reviewed the information contained in his memorandum dated May 18, 2012, and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He advised the BCC had set two hearing dates for consideration of the changes to the LDRs; the first at the regular meeting on June 19, 2012 and the second on July 10, 2012 at approximately 5:00 p.m.

Chairman Zimmerman suggested rather than go through each and every change, the members could talk about anything they had strong opinions on and try to separate the wheat from the chaff. He mentioned he did not understand the Agriculture Advisory Committee (AAC) requirement for new residential projects within

PZC/Unapproved 4 May 31, 2012

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the urban service area to have a buffer where they were adjacent to agriculture, and said he would not vote for it because he felt it was an inequitable policy.

Mr. Hamner explained it was a prevalent notion that farmers were holding land for future residential development, and the reality was such a scenario may be a long time down the road. He detailed someone who had a pasture could decide to use their property for row planting or decide to rejuvenate or replant a grove, all of which required spray machines and noise-making equipment. Mr. Hamner emphasized if homes were built next to agriculture it was not the agricultural grower's responsibility to protect the houses from his property; rather it was the developer himself who needed to protect his project from the surrounding agriculture.

Chairman Zimmerman noted if a farmer decided he no longer wanted to farm and sold his property to a developer, it would add approximately $600 at a minimum to the cost of the purchase price of a home to the buyer. He felt it would likely be more because 25 feet along the entire border was very significant and would probably result in the elimination of lots. Chairman Zimmerman did not perceive there was any threat to farming from houses and didn't not understand the argument, noting if the situation was reversed and the farmer was asked to install the buffer there would be a tremendous hue and cry.

Mr. Hamner commented there were already complaints from homeowners being next to agriculture property, whether it was buffered or not, adding the other part of this issue was that active agriculture was located in the area first.

Discussion followed.

Mr. Tripson mentioned this dealt with 25 foot buffers; whereas people who were pursuing active agriculture would feel much more comfortable with 50 or 75 feet; and he suggested if we wanted to look at not having agriculture within the urban service area in the future all we had to do was do away with the 25 feet and see agriculture go away.

Chairman Zimmerman asked if this vote would come down to whether agriculture in the urban service area continued to exist or not.

Mr. Hamner agreed that concept was not an exaggeration for certain crops, especially where spraying was being used.

Mr. Boling observed the AAC recommended looking at a windbreak planting option and staff was currently doing research on what the specifications might be.

Chairman Zimmerman opened the public hearing at 8:10 p.m.

PZC/Unapproved 5 May 31, 2012

Page 8: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

Mr. Robert Adair, 7060 33'd Street, Vero Beach, Chairman of the AAC, confirmed he had a grove inside the urban service area and he had received complaints. He mentioned if people in active agriculture were not spraying ten to 12 times a year they would not survive the greening disease. He pointed out this was an agriculture county and when he purchased his land in 1986, it was not inside the urban service area because that boundary did not exist in 1986. Mr. Adair added the setback also mitigated sound, and showed some examples of decibel readings for certain agriculture equipment.

Discussion ensued.

Chairman Zimmerman closed the public hearing at 8:27 p.m.

Chairman Zimmerman opined he was going to change his mind on the vote after listening to the previous discussion, and he thanked everyone for their input.

ON MOTION BY Mr. Brognano, SECONDED BY Mr. Emmons, the members voted unanimously (6-0) to approve Ordinance #4: Chapters 911 & 912.

Mr. Boling reviewed information on the density transition buffer area as outlined on page 14 in Attachment #6, on file in the Commission Office.

Chairman Zimmerman used the example of two adjoining 40-acre pieces of property both zoned RS-6, and supposed the owner of Lot #1 decided to develop his property at one home per acre. He continued if some time later the owner of Lot #2 decided to develop his property, he would find out his density was not 6 units per acre; but instead a blend of 6 units per acre and the density of what his neighbor did on Lot #1. Chairman Zimmerman did not think this was good public policy because what one person did on his property affected his neighbor's rights to develop his own property.

Discussion followed.

Mr. Keating reminded the members any developer could do a planned development (PD), and with a PD there was a lot more flexibility and one could essentially avoid the costs associated with the transition buffer.

Mr. Tripson understood what Chairman Zimmerman was talking about, but he did not know what the alternative was.

ON MOTION BY Chairman Zimmerman, SECONDED BY Mr. Brognano, the members voted (5-1) to take out Future Land Use Element Policy 1.48 concerning the Density Transition Area from the Comprehensive Plan. Mr. Hamner opposed.

PZC/Unapproved 6 May 31, 2012

Page 9: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

Mr. Boling advised if the BCC agreed with the PZC recommendation, the Board would direct staff to file an amendment to the Comprehensive Plan this coming July, and it would take approximately eight to nine months to change the policy.

Mr. Boling addressed interconnectivity between sites as outlined in Attachment #7 on pages 25 and 26 of the backup on file in the Commission Office. He outlined the idea was to provide connectivity for both commercial and residential developments where there could be some local driveway or shared street interconnection so vehicles and pedestrians would not have to get back out onto a main roadway to access an adjacent site.

Chairman Zimmerman thought the commercial part of the interconnectivity was very sensible; however he was against interconnectivity for residential neighborhoods.

ON MOTION BY Mr. Tripson, SECONDED BY Mr. Emmons, the members voted unanimously (6-0) to recommend the Board of County Commissioners apply interconnectivity to commercially-zoned property; but not have interconnection for residential property.

Chairman Zimmerman called a recess at 8:50 p.m. and reconvened the meeting at 8:58 p.m.

Chairman Zimmerman showed photographs of various designs of Starbucks Coffee buildings on file in the Commission Office, and he and Mr. Boling discussed whether they would be allowed in the County's corridors under the existing regulations.

Chairman Zimmerman opened the public hearing at 9:15 p.m.

Mr. Glen Powell, 12845 Bay Street, Roseland, Florida, spoke about the proposed changes to the County code that would prohibit the use of single-family residences as vacation rental homes for periods of less than 30 days, as outlined on page two in Attachment #1. He stated he had four homes he leased out as short-term vacation rentals and stressed he supported some sort of regulation, and would be willing to assist County staff in coming up with a code whereby everybody would be happy.

Mr. Boling explained Mr. Powell wanted the members to pull this issue and not put into black and white the existing interpretation, but to have the BCC direct staff to look at allowing short-term stays in residential zoning districts and coming up with appropriate regulations.

Chairman Zimmerman opined this was a little like prohibition where the law may have been in place, but everybody was drinking anyway; and whether this law existed

PZC/Unapproved 7 May 31, 2012

Page 10: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

or not people would still be doing it. He felt it was probably better to legalize it under certain conditions than to deny its existence.

Mr. Hamner was not willing to change this tonight and recommended voting to move this ahead with the caveat to tell the BCC if they wanted to look at weekly rentals, they needed to tell the PZC they wanted to do so, not the other way around.

Chairman Zimmerman suggested a motion to communicate to the BCC the members were not in favor or against it, but it needed to be reviewed before it was made a law.

Mr. Powell pointed out the way it was worded in the written code right now it did not apply to a single-family residence, and the proposed change addressed what the minimum rental period could be for a single-family residence, which was detrimental for Mr. Powell during the summer. He clarified if this passed it would be a change because it would be in black and white, whereas what existed right now was ambiguous and was there for interpretation, and courts would rule that the personal property owner had the right to rent for less than 30 days.

Discussion ensued.

Chairman Zimmerman felt Mr. Powell had given a very eloquent and persuasive argument. It was his personal opinion the PZC should move forward with staff's recommendation; however he encouraged Mr. Powell to continue his fight because he felt he had a good case to be made.

Chairman Zimmerman closed the public hearing at 9:43 p.m.

ON MOTION BY Mr. Hamner, SECONDED BY Mr. Tripson, the members voted (5-1) to approve staff's recommendation on lodging facilities for stays of less than 30 days, with the caveat that the Board of County Commissioners seriously considers the potential of weekly vacation rentals if they can figure out the definition. Mr. Emmons opposed.

Mr. Emmons explained he voted against this because he thought this item should be pulled and be addressed at a hearing or a future workshop.

ON MOTION BY Mr. Hamner, SECONDED BY Mr. Tripson, the members voted unanimously (6-0) to adopt the proposed ordinances as presented by staff, with the exception of the previously noted changes.

PZC/Unapproved 8 May 31. 2012

Page 11: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

Commissioner's Matters

There were none.

Planning Matters

Mr. Boling informed the members there would probably not be a PZC meeting on June 14, 2012, and he was not sure if there would be one on June 28, 2012. He added there would likely only be one meeting this summer, either at the end of June, 2012 or in July, 2012.

Attorney's Matters

There were none.

Adjournment

There being no further business, the meeting adjourned at 9:50 p.m.

Chairman Sam Zimmerman Date

Reta Smith, Recording Secretary Date

PZC/Unapproved 9 May 31, 2012

Page 12: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

PRELIMINARY PLANNED DEVELOPMENT

[QUASI-JUDICIAL] CONSENT

TO: The Honorable Members of the Planning and Zoning Commission

ON HEAD CONCURRENCE:

obert M. Keating, AICP Community Development Director

//IS THROUGH: Stan Boling, AICP

Planning Director

FROM: John W. McCoy, AICP 3'\J'(JI. Senior Planner, Current Development

DATE: June 25, 2012

SUBJECT: Windsor Properties, Inc.'s Request for Preliminary Planned Development Plan/Plat Approval for Windsor Block 46 [PD-12-07-0l / 2005060753-68263]

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its meeting of July 12, 2012.

PROPOSED DEVELOPMENT & LOCATION:

The Windsor Block 46 preliminary PD plan/plat proposes to replat an existing lot and tract within the Windsor planned development into 3 single-family lots. The site is zoned RS-3, Residential Single Family (up to 3 units per acre), and is proposed for development at a density of 3.9 units per acre. The proposed preliminary PD plan/plat is in conformance with the approved overall Windsor PD conceptual plan, which is approved at a density of .97 units per acre. The subject site is located close to Windsor's north perimeter.

Windsor Block 46:

Project Area: Number of Lots: Density:

.76 acres 3 Single Family Lots 3.9 units/acre

The applicant, Windsor Properties, Inc., through its agent Schulke, Bittle & Stoddard, LLC, is now requesting preliminary PD plan/plat approval.

Page 13: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

ANALYSIS:

1. Utilities: Potable water and wastewater services are available to the proposed subdivision. Connection to public water and wastewater utilities are required and have been approved by both the County Utilities and Environmental Health departments.

2. Traffic Circulation: Access to the proposed individual lots will be provided by driveway access tracts from Wittington Avenue and North Savannah Place. As part of this plat, a portion of North Savannah Place will be re-platted to become part of the proposed lots, consequently narrowing the right-of-way for North Savannah Place. The narrowing of the right-of-way will require that some existing improvements be relocated. The physical improvements (road, utilities, recreation path) will be shifted to the north to accommodate the new narrower North Savannah Place right-of-way. The subject plat will facilitate development of the adjacent area (Ocean Way Re-Plat) within Windsor.

3. Required Improvements:

Sidewalks: Internal sidewalks are not required within the Windsor Development, and none are proposed.

Streetlights: This preliminary PD plat project will provide streetlights on individual lots. This arrangement is acceptable to staff and satisfies the county's streetlighting requirements.

4. Lots: Pursuant to the approved Windsor conceptual PD plan and LDR section 913.09(6)(A)l, the preliminary PD plan depicts reduced lot sizes and setbacks. For this area of Windsor, the plan shows O' setbacks on all 4 sides of each lot with the smallest lot being 9,000 square feet. These reductions were approved by the Windsor conceptual PD plan for this area of Windsor.

5. Environmental Issues: There are no special environmental issues related to the proposed application.

6. Stormwater Management: The stormwater management plan has been approved by the Public Works Department, and a Type "B" permit will be issued in conjunction with the project's land development permit.

7. Dedications: The applicant intends to dedicate the following improvements prior to or via the final plat:

a. Utility easements: Public/Indian River County b. Streets and rights-of-way: Private/Property Owners Association c. Stormwater easements: Private/Property Owners Association d. Streetlights: Private/Property Owners Association

8. Conveyance of Ownership: Each lot is to be conveyed fee simple.

9. Concurrency: A conditional concurrency certificate has been issued for the overall project. Thus, concurrency requirements relating to preliminary PD plan/plat approval are satisfied.

F:\Community Development\Uscrs\CurDev\P&Z\2012\windsorblock46(PD-l2-07-01 ).doc 2

Page 14: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

RECOMMENDATION:

Based upon the analysis performed, staff recommends approval of the Windsor Block 46 preliminary PD plan/plat.

ATTACHMENTS:

I. 2. 3.

Application Location Map Preliminary PD Plan/Plat

APPROVED AS TO FORM

J!D,Fr!Jl)J) WILLIAM K. DEBRAAL

DEPUTY COUNTY ATTORNEY

f-:\Community Deve!oprncnt\Users\CurDev\P&Z\20 I 2\windsorblock46(PD-J 2-07-0 I ).doc 3

Page 15: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION

Please indicate the type of application being submitted:

Conceptual PD Special Exception:

Concurrent Conceptual PD Special Exception & Preliminary PD:

Preliminary Planned Development:

Final Planned Development:

Note: For a PD rezoning please use the appropriate rezoning application.

PROJECTNAME: Windsor Block 46 (Replat)

q X

Plan Number: PD- Project#: :ZOO 51J67> 7S.5 - ftJ' 2~3

PROPERTY OWNER: (PLEASE PRINT)

Windsor Properties NAME

3125 Windsor Blvd. ADDRESS

Vero Beach, FL. 32963 CITY, STATE, ZIP

772-388-5050 PHONE NUMBER

[email protected] EMAIL ADDRESS

Mark Justice CONTACT PERSON

PROJECT ENGINEER: (PLEASE PRINT)

Schulke, Bittle, & Stoddard NAME

1717 Indian River Blvd.,Suite 201 ADDRESS

Vero Beach, FL. 32960 CITY, STATE, 7!P

772-770-9622 PHONE NUMBER

[email protected] EMAIL ADDRESS

Joseph Schulke CONTACT PERSON

SIGNAT

f' :\Community Develo pme11t\U sers\CurDev\A pp lications\PDA PP .doc

APPLICANT (PLEASE PRINT)

Same as Property Owner

NAME

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

EMAIL ADDRESS

CONTACT PERSON

AGENT (PLEASE PRINT)

Same as Project Engineer NAME

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

Revised Jan !)' 20 J Pagelof3

1

Page 16: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

TAX PARCEL ID#(s) OF SUBJECT PROPERTY: 31391500019046000000 .1/3 /-3 'I·/:,-. 000)3-0000 -00000,

31391500023000000016.0/ 31391500023000000015.0

PROPERTY CLASSIFICATION(S):

Land Use Designation

L-1

TOTAL PROJECT ACREAGE:

Zoning District

RS-3

0.76 acres

Acreage

0.76 acres

EXISTING SITE USE(S): 1 platted lot, 1 platted residential tract for future use

PROPOSED SITE USE(S) AND INTENSITY (e.g.# of units, square feet by use): 3 platted residential

lots

** PLEASE COMPLETE THE SUBMITTAL CHECKLIST**

The following items must be attached to the application:

N/A

X

If the applicant is other than the owner(s), a sworn statement of authorization from the owner;

Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a cmporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares;

X Two copies of the owner's recorded warranty deed;

X A check, money order or cash made payable to "Indian River County":

Planned Development Request - Conceptual PD Special Exception less than 20 acres 20-40 acres over 40 acres

$ 2075.00 2475.00 2575.00 + 100.00

for each additional 25 acres over 40 acres

Preliminary PD Plan less than 20 acres 20-40 acres over 40 acres

Final PD Plans

$ l 150.00 1250.00 1300.00

$ 1400.00

+ 50.00 for each additional 25 acres over 40 acres

For concurrent application fees combine the appropriate fees and subtract $400.00.

F:\Communi1y Development\Users\CurDev\Applications\pDAPP.doc Revised January 201 I Page 2 of3

ATTACHMEftT 1

2.

Page 17: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

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Page 18: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

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WINDSOR BLOCK 46 PLANNED DEVELOPMENT A RE-PLAT OF A PORTION OF WINDSOR PLAT 26 PD AS RECORDED IN PLAT BOOK 24, PAGES 47 - 48 AND A RE-PLAT OF A PORTION OF WINDSOR PLAT 19 PD AS RECORDED IN PLAT BOOK 16, PAGE 28 - 28A OF THE

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Page 19: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

TO:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

The Honorable Members of the Planning and Zoning Commission

TMENT HEAD CONCURRENCE:

Robert M. Keating, AICP Community Developmen Director

THROUGH: Stan Bo~ICP Planning Director

FROM: John W. McCoy, AICP -::X-W 'M Senior Planner, Current Development

DATE: June 25, 2012

SUBJECT: INEOS New Planet BioEnergy's Request for Major Site Plan Approval for a Feedstock Processing Area [SP-MA-12-09-19 / 91050251-68698]

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its regularly scheduled meeting of July 12, 2012.

DESCRIPTION AND CONDITIONS:

CDM Smith, Inc. has submitted a major site plan application on behalf ofINEOS New Planet BioEnergy to construct a 4 3 .20 acre feedstock receiving, processing, and storage area adjacent to the processing plant facility located at the southwest comer of Oslo Road and 74th Avenue SW. On September 14, 2010, INEOS New Planet BioEnergy received site plan approval for the processing plant facility, which is under construction and nearing completion. The applicant is now requesting site plan approval for improvements adjacent to the processing plant which will enable INEOS to receive vegetative debris from the public and waste haulers, process (chip) the debris, and cure/dry the material in windrows in order to ready the material for processing at the plant.

ANALYSIS:

1.

2.

3.

Size of Development:

Zoning Classification:

Land Use Designation:

69.7 acres (overall site, including plant) 43.2 acres (area of development)

IG: General Industrial

C/I: Commercial/Industrial

F:\Community Development\Users\CurDev\P&Z\20 12\INEOS-Windrow Feedstock.doc

Page 20: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

4.

5.

6.

Building Area: 150 square feet (guardhouse)

New Impervious Area: 24.41 acres or 1,063,102 square feet

Note: The new impervious area consists of an access road, parking lot, and feedstock storage/staging areas. Some of the onsite roads and the feedstock storage/staging areas will initially be stabilized with the option to pave those areas at a later time. The new impervious area amount includes all the potentially paved areas.

Open Space: Required: Proposed:

10.5 acres or 15% of overall site 16.57 acres or 23% of the overall site

Note: The open space does not include any waterbody area.

7. Traffic Circulation: As proposed, a single two-way driveway connection to Oslo Road will provide access to the vegetative debris drop-off/collection facility. The proposed driveway is to be located near the western edge of the property and will be used by all vehicles that are entering or exiting the facility to drop off vegetative waste. This facility will be connected to the processing plant and feedstock areas through internal driveways used by INEOS workers. As proposed, vehicles delivering vegetative debris will be weighed at the proposed guardhouse on inbound and outbound trips, and will not be allowed to access the processing plant or feedstock areas.

8.

In this case, the feedstock facility will replace the current landfill site with respect to handling land clearing and vegetative debris generated in the county. Thus, all of the trips for vegetative waste currently going to the landfill will be diverted to the subject site. To accommodate the volume and type of traffic that will use the subject facility's proposed Oslo Road connection, the applicant has agreed with Traffic Engineering to construct a westbound left turn lane and an eastbound right turn lane on Oslo Road. Traffic Engineering has approved the proposed internal circulation, driveway locations, and off-site turn lane improvements.

Off-Street Parking: Required 0 spaces

Provided 3 spaces

Note: The required parking for the overall site is tied to the processing plant, which has 62 parking spaces. With respect to the subject site plan, the applicant is proposing 3 paved spaces to be located near the proposed guardhouse. A stabilized area for landscaper trailer parking is being provided near the guardhouse.

9. Stormwater Management: A preliminary stormwater management plan has been approved by Public Works. Prior to site plan release and project construction, the applicant will be required to obtain a Type "B" stormwater management permit. The project's stormwater run-off will be retained in two large ponds. Once treated, stormwater will outfall to an Indian River Farms Water Control District canal.

10. Environmental Issues:

• Wetlands: On the subject site, there are approximately 14.03 acres of wetlands that will be impacted by the project. To mitigate the wetland impacts, the applicant is purchasing credits in an off-site mitigation bank. The off-site mitigation meets

F: \Community Deve!opmen t\ U scrs\CurDev\P &Z\20 1 2\IN EOS-Windrow Feedstock. doc 2

Page 21: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

• Uplands:

county regulations, and is acceptable to county staff and the staff of the jurisdictional agencies. Prior to site plan release, the applicant will need to obtain Florida Department of Environmental Protection and county wetland permits.

With the processing plant site plan, the applicant established a native upland conservation easement that satisfied the native upland set aside criteria for the overall site. The conservation easement is depicted on the subject site plan and will not be affected by project construction.

• Tree Removal: Within the area of development, hardwood trees to be removed will require a total of 120" of mitigation, while palm trees to be removed as part of project construction will also require mitigation. In order to mitigate the hardwood trees, the applicant is proposing to pay a fee in-lieu of planting. The applicant will replace or relocate cabbage palms on site.

• Listed Species: An environmental survey submitted with the site plan application indicated that there was a gopher tortoise on site at the time of the survey. In order to relocate the tortoise, the applicant will need to obtain a permit from the Florida Fish & Wildlife Commission. That relocation permit must be obtained prior to site plan release.

11. Landscape and Buffering Plan: The landscape plan is in conformance with Chapter 926 requirements and provides for perimeter buffering, preservation of existing trees, and creation of a 1.50 acre littoral zone area adjacent to the two proposed stormwater ponds.

12. Utilities: The overall site is connected to county water and sewer services. The proposed guardhouse will be connected to both water and sewer.

13. Dedications and Improvements:

• Right-of-way: No road right-of-way is needed from the project site.

• Sidewalk: No sidewalk is required along this site's Oslo Road or 74th Avenue frontages, and none is proposed.

14. Fire Prevention Criteria: The following fire prevention criteria apply to the proposed feedstock piles and are satisfied by the proposed site plan:

Feedstock piles shall not exceed the following fire prevention maximum standards:

• Maximum width 75 feet at base • Maximum length 125 feet at base • Maximum height 25 feet at crown • Fire access lane with minimum width of20 feet between each 75 x 125 foot pile. • Minimum 20 foot distance between piles and nearest grass areas. In this case, all feedstock

pile areas will be surrounded by a perimeter road that is a minimum of 24 feet in widtl1. The perimeter road will provide more than the minimum separation distance between feedstock pile areas and adjacent grass areas.

F: \Community Dcvelopmen t\U scrs\CurDev\P &Z\20 1 2\IN EOS-Windrow Feedstock. doc 3

Page 22: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

• Minimum 100 foot distance shall be maintained between any feedstock pile and any light or heavy brush or tree line. In this case, perimeter roadways and swales will provide adequate separation from brush and trees.

Note: The feedstock pile windrow layout depicted on the site plan shows a typical full storage situation. The applicant has indicated that, in practice, the windrows are dynamic and will be maintained in a manner that meets the Fire Prevention criteria stated above.

15. Concurrency: The concurrency requirement for this site is tied to the buildings on the processing plant site and was adequately addressed with the previous site plan. The facilities proposed under the subject site plan are accessory to and serve only the processing plant. Therefore, no concurrency is required in association with the subject project.

16. Surrounding Land Use and Zoning:

North: Oslo Road, Vacant/IL South: Vacant, Landfill/IL East: 74th Avenue SW, Indian River Packers, Vacant/IL, A-1 West: Vacant/IO

RECOMMENDATION:

Based on the above analysis, staff recommends that the Planning and Zoning Connnission grant major site plan approval for the INEOS New Planet BioEnergy feedstock and vegetative debris drop-off facility, with the following conditions:

1. Prior to site plan release, the applicant shall obtain:

a. Final design approval from Public Works for the westbound left turn lane and eastbound right tum lane at the project's Oslo Road entrance.

b. Approval from the Florida Fish and Wildlife Commission for the Gopher Tortoise relocation.

c. Approval of the fee-in-lieu of tree mitigation and pay the fee.

2. Prior to the issuance of a certificate of occupancy (C.O.) for the feedstock and vegetative debris drop­off facility, the applicant shall:

a. Complete all buffering improvements depicted on the project site plan, and

b. Complete the Oslo Road tum lane improvements.

ATTACHMENTS:

1. Application 2. Location Map 3. Site Plan 4. Landscape Plan 5. Aerial

APPROVED AS. TO~~S( /} ::°PL'1!:~lwl_J/ WILLIAM I(. OEBRAAL

DEPUTY COUNTY ATTORNEY

F: \Comrnuni t y Devel o pmen t\U sers\Cur Dev\P &Z\20 12\IN EOS-Windrow Feedstock.doc 4

Page 23: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

MAJOR SITE PLAN APPLICATION FORM

(SPMJ)

COMPUTER ASSIGNED PROJECT#: C/ ( D fi (Ji{ ;I( FILE# & f & q 'j PROJECT NAME (PRINT):_ln_d_ia_n _Ri_ve_r B_io_E_ne_rq_y_C_en_te_r __ 5~P~~ _/Y)~.ft~--1_'2.._-_o_q~-_1_9~-PROPOSED PROJECT USE: rn Ir J us:: Foe111,, Peuf5fvcL .s-/7)~6:i!f; 4/la - St!lo!A.evn ,v

wes n 1Ji11li(/){, iiP- srfe., PRE-APPLICATION CONFERENCE PROJECT NAME: ll~EM l~ew ~1a11ct BioE::c@ Ellra:.el ~ 1 "11w1 Ge111ee,,

OWNER: (PRINT) lneos New Planet BioEnerQY

NAME 925 74th Avenue SW

ADDRESS Vero Beach, Florida

CITY STATE 32968 @U~--9_66_2 ___ _

ZIP PHONE

[email protected]

FAX David KinA

E-MAIL

CONTACT PERSON

PROJECT ENGINEER: (PRINT) COM Smith Inc.

NAME 1701 HWY A-1-A, Suite 301

ADDRESS Vero Beach, Florida

CITY STATE 32963 ~~--4~30~1 ___ _

ZIP PHONE

( (772) 231-4332 )[email protected] FAX E-MAIL Jill T. Grimaldi

CONTACT PERSON

f'lcJ iJ G AGENT: (PRINT) lneos New Planet BioEner!=lv

NAME 925 74th Avenue SW

ADDRESS Vero Beach, Florida

CITY STATE 32968 ~~--9_6_62 ____ _

ZIP PHONE

david.kinA~ineos.com

FAX E-MAIL David KinA

CONTACT PERSON

PROJECT ARCHITECT:(PRINT)

NAME

ADDRESS

CITY STATE _ ___ L__) __ -____ _ ZIP PHONE

FAX E-MAIL

CONTACT PERSON

C:\Documents and Settings\sjohnson\Local Settings\Temporary Internet Files\Content.Outlook\OCJJQWGU\Major SP App Packet.doc Revised February 2009

Page 13 of 14

ATTACHMEflT l

Page 24: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

• PROPOSED PROJECT USE FOR ZONING DISTRICT IS: (check one)

tzlPERMITTED QADMINISTRATIVE PERMIT

!AMOUNT OF NEW IMPERVIOUS SURFACE:~ 919,116 !SITE ADDRESS: 92514th Avenue SW Vero Beach FL 32967

!SITE TAX ID#(S): 33382500001001000001.o, 33382500001002000001.0, 33382500001001000002.0

!IS ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSITIVE AREA AS DESIGNATED ON THE COMPREHENSIVE PLAN OR ADDRESSED IN A PRE-APP CONFERENCE? _D,YES JZl.NO

!ZONING:,.:,IG:::_ _____ _ CLUP:.~~~1 ____ _

!TOTAL (GROSS) ACREAGE OF PARCEL:_:6:;c9;;_.7 _________________ _

!AREA OF DEVELOPMENT (NET) ACREAGE:_4-'3-'.19'-a'-dd"-i-"-tio'-n-"al ______________ _

!PROPOSED CHANGES TO EXISTING DEVELOPMENT <IF APPLICABLE):

A. NUMBER OF UNITS: FROM ______ UNITS -TO ________ UNITS

B.DENSITY: FROM._~ ____ UNITS PER ACRE-TO ____ UNITS PER ACRE

!USES BY SQUARE FEET GROSS BUILDING AREA RESULTING FROM MODIFICATION (E.G. RETAIL; 5,000)

USE.: __________ _ SQ. FT .. : ________ _

USE:. _________ _ SQ. FT .. : ________ _

COMPLETE CHECKLIST ON PAGE 13

FOR OFFICE USE ONLY:

DATE RECEIVED: I I

DATE APPLICATION COMPLETE: I I

REVJEWINGPLANNER.: __ ~------------

180127th Street, Vero Beach, FL 32960

C:\Documents and Settings\sjohnson\Local Settings\Temporary Internet Files\Content.Outlook\OCJI QWGU\Major SP App Packet doc Revised February 2009

Page 14 of 14

ATTACHMEftT 1

Page 25: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

N

Page 26: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

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ATTACHMHT 3

Page 27: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

== ;! n ::,:: :£

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Drive Aisle (Not associated wilh parking calculations)

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~,,, '"' ,,,10,

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INDIAN RIVER COUNTY, FLORIDA

INEOS NEW PLANET BIOENERGY INDIAN RIVER BIOENERGY CENTER

Landscape Plan - FINAL PHASE

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Page 28: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

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Page 29: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

TO:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

The Honorable Members of the Planning and Zoning Commission

IVIS ON HEAD CONCURRENCE:

Robert M. Keating, AIC Community Developmen

THROUGH: Stan Bo~1JCP Planning Director

FROM: John W. McCoy, AICP 3 \J tJ\ Senior Planner, Current Development

DATE: June 28, 2012

ADMINISTRATIVE PERMIT USE

[QUASI-JUDICIAL]

SUBJECT: Astro LLC's Request to Change the Haul Route for the Cairns 80 Acre Sand Mine [AA-l l-10-92 / 2006060083-67071]

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its meeting of July 12, 2012.

PROPOSED DEVELOPMENT & LOCATION:

MBV Engineering, Inc. has submitted an application for administrative approval on behalf of Astro, LLC to change the haul route of an approved sand mine on an 80 acre site located on the west side of 122nd Avenue SW, south of 9th Street SW (Oslo Road). As of this time, the actual mining operation has not yet commenced. When operational, the mine will occupy only a portion of the 80 acre project site.

At its regular meeting of February 25, 2010, the Planning & Zoning Commission (PZC) granted conditional approval for a sand mine on the project site. As part of that approval, a haul route was approved that included the use of 122nd Avenue from the subject site north to SR60. The applicant is now requesting to change the haul route to go east on Oslo Road to 82nd Avenue.

Changing the haul route requires notice to owners of property adjacent to the proposed route and approval by the PZC. At this time, the PZC is to consider approving, approving with conditions, or denying the new haul route.

ANALYSIS:

When the Cairns sand mine was approved by the PZC in 2010, the haul route from the subject site north on 122nd Avenue to SR60 was conditionally approved. One condition of that approval, however, was that the applicant obtain County and St. Johns Improvement District (SJID) approval

Page 30: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

of a haul route maintenance plan and make upgrades/repairs to a one-lane bridge on 122nd Avenue SW. Since the 2010 approval, the applicant has worked to satisfy the approval conditions, but has been unable to meet them. As a result, the applicant concluded that it was in his best interest to use Oslo Road as the project haul route, and for that reason he filed the subject application to change the project haul route. In this case, there are no proposed changes to the actual sand mine site plan other than the haul route change.

During the process of reviewing the proposed haul route change, staff determined that the proposed route lying west of 106th Avenue SW within the SJID did not meet and could not meet the mining ordinance minimum 24' width requirement for a haul route. Subsequently, the applicant applied to amend the LDRs to allow widths of less than 24' for haul route segments, such as the segment of Oslo Road lying west of 106th Avenue SW, that are not open to the general public. On May 20, 2012, the Board of County Commissioners (BCC) adopted the LDR amendment, and the subject application has been reviewed under the new regulation.

As proposed, the revised haul route begins at the project site located at the southwest corner of 122nd Avenue SW and Oslo Road (9th Street SW) and proceeds east along Oslo Road (9th Street SW) to 82nd Avenue SW and the paved intersection of Oslo Road and 82nd Avenue SW.

In his application, the applicant requests that the portion of the haul route lying west of 106th

Avenue SW, (approximately 2 miles in length) and within the SJID jurisdiction be approved at the road's existing 20' width. The portion of the haul route lying east of 106th Avenue SW is open to the general public and is proposed to be maintained at a width of at least 24 feet.

In this case, the applicant, the SJID, and the Public Works Director agree that maintaining a 20 foot width for Oslo Road west of 106th Avenue SW is sufficient to handle the road's anticipated haul truck traffic in addition to the road's existing, restricted local traffic within the SJID. The proposed 24 foot width for the haul route segment lying east of 106th Avenue SW meets conventional county standards and is acceptable to the Public Works Director. Therefore, staff supports approval of the proposed 20 foot wide and 24 foot wide haul route segments.

RECOMMENDATION:

Staff recommends that the Planning & Zoning Commission grant approval for the revised haul route with the following condition:

I. Prior to the issuance of a mining permit, the applicant shall obtain approval from the County Public Works Director and the St. Johns Improvement District of a maintenance plan for the Oslo Road haul route. Said haul road shall be maintained at a width of 20 feet for that portion of the road lying west of 106th Avenue SW and 24 feet for that portion of the road lying east of 106th Avenue SW.

ATTACHMENTS:

1. Application 2. Location Map 3. Site Plan/Haul Route

APPROVED AS TO FORM A~D LEGAL su~Y

BY~DEBRAAL DEPUTY COUNTY ATTORNEY

F:\Community Devclopment\Users\CurDev\P&Z\20 12\CairnsHaul RoutcModi ficationAA-1 1-1 0-92.doc 2

Page 31: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

ADMINISTRATIVE APPROVAL (SPAD) APPLICATION FORM

Description of proposed request (Attach cover letter ifnecessary):~M=o~d=if~h=au=l~r~o~u=te~-------'!r"---.. _ ,ii~)'.)! ;;rr, .. ·•1; 1r\1,;; ·

n .'...,-,,, __ /a:::.•"J;':',..•

PARENT SITE PLAN PROJECT NAME AND NUMBER:SP-MA-07-07-13 I 2006060083-58727 /same name)

OWNER: (PLEASE PRINT)

AstroLLC NAME

1343 SE Port St. Lucie Blvd. ADDRESS

Port St. Lucie, FL 34952 CITY, ST A TE, ZIP

772-971-2222 PHONE NUMBER

[email protected] EMAIL ADDRESS

Dr . .John Cairns CONT ACT PERSON

AGENT: (PLEASE PRINT)

MBV Engineering, Inc. NAME

1835 20th Street ADDRESS

Vero Beach, FL 32960 CITY, STATE, ZIP

772-569-0035 PHONE NUMBER

[email protected] I [email protected] EMAIL ADDRESS

Mr. Aaron J. Bowles, P.E. \CONTACT PERSON

• AMOUNT OF NEW IMPERVI S SURFACE (SQFT.): ___ _,N""o""n"'e __________ _

• SITE ADDRESS: ___ ~9c,5"'5~1"'2=2_nd-"A"'v,_,,e=n_,,_ne"""'SW-'--'-------------------

• TAXPARCELID#(s):_-"3"'-3-=3-'-7-.,,2_,,_5-_,,0_,e_00,_,0'-"1--'-0"'0_,,,_10"---"-oo,,.,o"'o_,,,_1.,,,o ______________ _

• ZONING:--"A""-2,,______ FLUE: AG-2 FLOOD ZONE: A --~~----

• TOTAL (GROSS) ACREAGE OF PARCEL: __ ~80~--~AREA OF DEVELOPMENT:~8~0 __

• PROPOSED CHANGES TO EXISTING DEVELOPMENT {if applicable): NIA A. NUMBER OF LOTS/UNITS: FROM _________ TO ________ _ B. DENSITY: FROM _________ unitslacre TO __________ unitslacre

• CHANGE OF USE PROPOSED /if applicable): NIA FROM: ______ (SQ. FT.) OF ________________ (USE) TO: _______ (SQ. FT.) OF (USE)

PROJECT# ,l.,ob~l)bl)Of ;? APPLICATION# ft '7 D '7 I FILE#: AA-lL -- JQ_ -- q 2. Assigned Planner: .:::foh('\ w. Me L<j Overall Site Project Plan#: SP-M (I- O'l-0'1- 1?, 1'1>-1- rel~

Approved By: _________________________ Date: _____ _

1801 27'" Street, Vero Beach, FL 32960 ATTACHMEflT 1

\\Server\drawings\DRA WINGS\CIVIL\06\06-242\Projecl Apps\2011\Admin Approval.DOC Revised January 20 l l Page I of2

Page 32: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

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Page 34: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

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Page 35: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: The Honorable Members of the Planning and Zoning Commission

o rt M. Keating, A]CP Community Development Director

~ FROM: Stan Boling, AICP

Planning Director

DATE: July 5, 2012

PLANNING MATTERS

SUBJECT: Planning Information Package for the July 12, 2012 Planning and Zoning Commission Meeting

For this meeting's packet, the following articles are provided:

(1) "Florida recession even worse than before", The Miami Herald, June 5, 2012, Douglas Hanks.

(2) "Florida back as a draw to transplants", South Florida Sun-Sentinel, June 9, 2012, Donna Gehrke-White.

(3) "Foreign buyers bullish on Florida housing even if Floridians are not", Tampa Bay Times, June 13, 2012, Robert Trigaux.

(4) "Builder confidence on the mend", Herald-Tribune, June 19, 2012, Doug Sword.

(5) "What's Next for Housing? More sprawl" The Wall Street Journal, June 14, 2012.

(6) "Numeric Nutrient Criteria", Florida Association of Counties.

(7) "Florida Moving Forward with Plan to Improve Water Quality in the Everglades", Florida Association of Counties.

(8) "The laws of the city", The Economist, June 23, 2012.

(9) "Mom, Dad, This Playground's for You", The New York Times, June 29, 2012, Winnie Hu.

cc: Board of County Commissioners Joe Baird Michael Zito

F:\Community Development\Users\CurDev\P&Z\ARTICLES\Articles for 2012\7-12-12 articles.doc

Page 36: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

6/6/12 Florida recession even worse than before- 06/05/20121 MiamiHerald.com

ID:lte 11li,11ni Hera lb~. Posted on Tue, Jun. 05, 2012

Florida recession even worse than before

By Douglas Hanks [email protected]

Even though it's officially over, Florida's recession keeps getting worse.

New statistics from Washington define a much more severe recession for the Sunshine State than first believed. In 2009, during the depths of the financial crisis, Florida's economy shrank by 5.4 percent - much worse than the original estimate of a 3.7 percent drop. That also gave Florida a tougher year than the economy at large, with the U.S. economy down 3.8 percent in 2009.

The numbers from the Bureau of Economic Analysis offer another look at just how dramatically Florida's economy changed between 2007 and now. From its previous peak in 2007 until last year, Florida's economy lost about $54 billion in spending and wages - a 7.5 percent drop. Most of the damage came from a depression in home sales and housing construction, with those two industries combining for a $132 billion loss.

Florida's unemployment rate has been dropping since the spring of 2010. But the current reading of 8.7 percent is still almost triple where it was in 2006, when unemployment hit 3.3 percent.

"The economy's just not growing enough for businesses to be forced to hire," said Sean Snaith, an economist at the University of Central Florida.

Florida's $754 billion economy grew by .5 percent last year, putting it just above the worst tier in terms of the states' recoveries. Among the stand-outs: North Dakota saw its economy grow by 7.6 percent last year and Texas by 3.3 percent. Alabama, Mississippi and New Jersey saw their economies shrink by less than 1 percent.

Florida remains the fourth-largest economy in the United States, behind New York, Texas and California. Despite taking a serious beating, real estate remains the largest single contributor to the Sunshine State's economy- accounting for about 16 percent of the overall output.

© 2012 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com

www. miam iherald.com/2012/06/05/v-p ri nt/2834327 /fl arid a-recession-even-worse-than. html 1/1

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6/11/12 Florida back as a draw to transplants - South Florida Sun-Sentinel.com

sun-sentinelcom/fl-florida-migration-20120608,0,513 8116.story

South Florida Sun-Sentinel.com

Florida back as a draw to transplants

By Donna Gehrke-White, Sun Sentinel

4:46 PM EDT, June 9, 2012

Those out-of-staters who once streamed into Florida with loaded U-Hauls to settle here have been returning.

TI1ey will continue to settle in the Sunshine State in the years ahead - fur both jobs and a warm place to retire to, researchers are now predicting.

After the Great Recession prompted ,mre people to flee than settle in 2008 and 2009, new federal and Wells Fargo data is showing that trend has abruptly reversed.

By 2011, the state saw a population gain of I 08,300 after subtracting those who left. Most of those moving to the state came for jobs: "Florida is still a magnet for prime working-age adults," Wells Fargo senior economist Mark Vitner said. Retirees also are again resettling here, he said.

The migration isn't nearly as huge as when l ,000 people a day were moving to the state at the peak of Florida's high-growth days, said William B. Strange, an economics professor emeritus at Florida Atlantic University. But, he said, "it does gives us some momentum."

c>d'Je,t,semc,nl

Indeed, Wells Fargo and University of Central Florida economic reports are predicting more people will move to Florida this year and even more in 20 l 3, which will help stimulate economic growth. South Florida should grow 1.1 percent in population this year, to more than 5.7 million people living in Broward, Pahn Beach and Miami-Dade counties, according to the UC F's Institute for Economic Competitiveness. In 2013, South Florida should increase another 1.3 percent, the institute predicted.

Many will be wealthy retirees moving to upscale communities now that stocks have rebounded from the depths of the economic downturn, said Sean Snaith, director ofUCF's economic institute.

Federal income tax records show recent migrants have come from all over the United States - from Hawaii to Oregon to Maine.

1l1e newcomers include those escaping high taxes - 600,000 New Yorkers fled the high-tax Empire State in the last decade for Florida, which has no state income or estate tax, according to the Tax Foundation, a nonpartisan tax research group based in Washint,>ton, D.C.

"You genernlly see people moving from higher-tax states to lower-tax states," foundation analyst Nick Kasprak wrote. "Certainly, taxes are one way that states compete with one another."

The Sunshine State also has another big draw: plwnmeting home prices - although many housing analysts said the real estate market has bottomed out after six years of price declines.

Vincent Sabatino ofNew York, said he got a bargain when he just closed on an oceanfront three-bedroom condo with a wrap-around balcony in south Palm Bench County. "It has an amazing view- to die for," Sabatino said.

He and his wife couldn't resist buying the condo even though they already have a Lake Worth townhouse. They plan on keeping both, along with their New York home. 'We're still working," he said, "but we plan on spending a lot more time in Floiida. We love it in Floiida."

Dr. Joseph Dwandis, a fumily practice physician, alrt:u<ly has nia<le the plw1ge to move from New York to permanently settle in South Florida. He began seeing patients here and bought a home a few months ago in western Miramar.

"I'm really enjoying it," Durandis said. ''It's more laid back than in New York. There's less rush, and it's more quiet."

Paying lower taxes in Florida was also a fuctor in moving, Durandis said. 'Tirat was a big concern," he said.

Jobs are also bringing people to Florida - some of them high-paid, said economist Vitner, of Wells Fargo.

Pa!rn Beach County is one of the hot spots ofwlrat Vitner called an expanding '1ife science industry" that is still in its infancy. Florida has become a leader in the new industry- lo the point where some biomedical companies are leaving California and other states to settle in the Sw1shine State, he said.

The nonprofit Scripps Research Institute expanded from its La Jolla, Calif, campus to a new facility in Jupiter that now has about 400 researchers and other stafl:hs.

Last 1nonth, new-oscientist Srini Subramaniam joined the institute in Palm Beach County as an assistant professor after winning research awards at Johns Hopkins University in Baltnnore.

www.sun-sentinel.com/fl-florida-migration-20120608,0,6771011,print.story 1/2

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6/11/12 Florida back as a draw to transplants - South Florida Sun-Sentinel.com

He said he is impressed by South Florida's natural beauty. "Everywhere it is green," he said. ''You find water everywhere. I really like it."

So does his fumily, he said. "My children play outside all the time."

And he likes that he can walk safely at IO p.m to buy a few groceries at Publix. "I could not do that in Baltimore," Subrmnaniam said.

Colleagues at Scripps Research Institute are ''very Vibrant, open in collaboration, welcoming," he added. 'There's a lot of new energy I found here."

He and hl5 family are looking to buy a home.

dgchrk1<LULribune.con1 954-356-4404 or Twitter@donnagehrke

Copyright© 2012, South Florida Sun-Sentinel

www .sun-sentinel.com/fl-florida-migration-20120608,0,6771011,print.story 2/2

Page 39: Donna Keys-District I Jens Tripson-District 3, Vice Chairman … · 2018. 4. 8. · PLANNING AND ZONING COMMISSION (P&Z) Donna Keys-District I Jens Tripson-District 3, Vice Chairman

6/14/12 Foreign buyers bullish on Florida housing even if Floridians are not - Tampa Bay Times

Foreign buyers bullish on Florida housing even if Floridians are not By Robert Trigaux, Times Business Columnist

Published Wednesday, June 13, 2012

To the snowbirds of Canada, the sunseekers of Europe and flight capitalists oflatin America, Florida sends you all a great

big Thanks/for buying homes here in such abundance.

When it comes to international buyers snapping up housing in the United States, Florida property remains the runaway

favorite. The state tallied 26 percent of international sales in the country, says a new National Association of Realtors report

for the year ending March 2012.

"Florida has been the fastest-growing destination of choice," states the Proffle of International Home Buying Activity 2012.

California was second with 11 percent, while Texas and Arizona each had 7 percent, followed by Georgia and New York.

That Florida property has long been popular with foreign buyers is no secret. But with domestic home buyers still wary or

financially unable to purchase property right now, the big international appeal of Florida homes is especially important news.

Of course, Florida has an edge.

Canadian snowbirds have deep ties with Florida and remain eager to leverage Canada's strong currency in buying deeply

discounted property. (Lately, however, Canada's dollar, known by its nickname the loonie, has been slipping.)

The typical Florida home that sold in 2006 for about $260,000 now sells for less than $140,000.

Europeans like Florida for the sun and proximity. The state is easy to get to by air and many Euro-tourists are familiar with

the state via previous visits, especially to the Orlando theme parks. And Latin Americans have long viewed Miami as their

home away from home. Not only are South Florida real estate values considered cheap by Latin standards, but Miami has

long represented a culturally simpatico destination for "flight capital" - funds invested overseas to avoid home-country

restrictions on international money movement.

Most of these kinds of transactions are done in cash.

N. a real estate conference held last week at St. Petersburg's Renaissance Vinoy Resort, Miami-Dade Mayor Carlos

Gimenez spoke about the recent hyper-glut of empty condo towers across his city's downtown. Now those towers are mostly

full, thanks largelyto Latin money. Gimenez expects a fresh round of construction and downtown cranes in Miami very shortly, despite news reports citing a slowdown in Brazil's economy.

On the nation's West Coast property market, in contrast, Asians are far and away the dominant international buyers.

To be clear, the NAR report defines international home buyers two ways. The first is the foreign buyer who lives outside the

United States and purchases here as an investment or for vacations and visits of less than six months.

The second type of buyer is the recent immigrant or temporary visa holder residing for more than six months in the United

States for professional, educational or other reasons.

Combined, the international home buyers generated $82.5 billion in property sales last year (up from $66.4 billion a year

earlier), the NAR report says. Canadian buyers were tops with 24 percent of international sales in the United States.

tampabay.com/news/business/realestate/ ... /1235159 1 /2

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6/14/12 Foreign buyers bullish on Florida housing even if Floridians are not - Tampa Bay Times

Florida's new motto? Hang in there, /oonie.

Robert Trigaux can be reached at trigaux@tam pa bay.com.

© 2012 • All Rights Reserved• Tampa Bay Times 490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111

Contact Us I Join Us I Advertise with Us I Subscribe to the Tampa Bay Times Privacy Policy I Standard of Accuracy J Terms, Conditions & Copyright

tampabay.com/news/business/rea!estate/ .. ./1235159 212

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6/19/12 www.heraldtribune.com/article/20120619/ARTICLE/306199997 /2107 /BUSI NESS?template=printart

~~)Herald-Tribune l ;·,i,, :,,r /'.,ell I" r,;Jl1DI. lli)rlC,W'JlWt,:la\i IJ:J· o;,1,1 You C,111 rnd,•, ,}l&C:Cll\:.111on-

·.uil-,:,ijU<oC' ,,Ii, <:e;·;\r,m,0,,;here., :,, llS.-' till'

•·r:c;,,:"lfl" ,v.-,-,,,:i~. 01der .:i repnnlo/ ttusmticle now

Printed on page A1

Builder confidence on the mend By Dlllff/ Sword

Publ[~hed: n,e.~day, June 19, 2012 at 1:00 a.m.

It has a very long way to go to recapture the days of the real estate boom, but

confidence among U.S. builders has ticked to its highest level in five years.

Industry watchers -- and participants -- took it as another sign that things are slowly

getting better in one of Southwest Florida's seminal industries.

The improvement comes against a backdrop of rising sales for existing homes and

condominiums, increasing revenues for some sectors of the regional economy and a

seven-month streak of declining unemployment.

The National Association of Home Builders/Wells Fargo builder sentiment index rose

to 29 during June, its highest level since May 2007. The index, released Monday, has

risen in seven of the past nine months, suggesting builders are starting to see the

seeds of a recovery taking shape after years of stagnation.

But the sector still has a long way to go: any reading below 50 indicates negative

sentiment. The index has not reached that level since April 2006, the peak of the

boom. This month, builders reported their highest sales levels since April 2007,

though their outlook for sales in the next six months has not changed from May.

Southwest Florida home builders say they, too, are seeing improvements, as buyers

take advantage oflow-interest rates and express pent-up demand.

"It's certainly much better than it was a year ago," said Roy Dupuis, president and

owner of Sarasota-based Anchor Builders.

Anchor is a custom builder that tends to construct larger houses, so its customer

differs from those seeking a home in a traditional large subdivision.

"We started seeing a little more activity on waterfront-type properties and more

activity at Lake Club and golf course-type communities," Dupuis said, referring to

Lakewood Ranch's Lake Club.

For the first time in five years, Taylor Morrison's West Florida Division had an "ever

so slight" increase in its prices during May, said Katy Walker, the division's marketing manager.

So far this year, sales in the division -- which builds from Tampa to Naples -- are 30

percent ahead of last year. "We're in the early stages of recovery," Walker said.

Confidence among builders in this region appears to have remained high from brisk

selling during the winter tourist season, even though the industry is headed into the

traditionally slowest months of July and August, said Alan Anderson, executive vice

president of the Home Builders Association of Manatee-Sarasota.

"There's a lot of buyers out there," Anderson said, quickly adding that 40 percent of

sales remain cash deals. That is a clear sign that for many buyers, bank loans still

remain out of reach. "We do need some help from the banks to lend some money to

some of these people that are either bridging some loans or first-time home buyers."

www.heraldtribune.com/article/20120619/ARTICLE/306199997 /2107 /BUSINESS?template=printart 1 /2

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6119112 www.heraldtribune.com/article/20120619/ARTICLE/306199997 /2107 /BUSI NESS?template=printart

But cheaper mortgages and lower home prices in many markets have made home

buying more attractive. Some economists believe that U.S. housing construction

could contribute to overall economic growth this year for the first time since 2005.

Nationwide, sales of both previously occupied homes and new homes rose to near

twoRyear highs during April. Meanwhile, builders are breaking ground on more

homes and requesting more permits for single-family home construction later this

year.

Jennifer Lee, senior economist for BMO Capital Markets, said that the June builder

sentiment was welcome news. She noted that even with recent weak reports on

employment, builders' outlook for sales over the next six months has not declined.

Still, the pace of home sales remains well below healthy levels. Economists say il

could be years before the market is fully healed.

Though new homes represent less than 20 percent of the housing sales market, they

have an outsize impact on the economy. Each home built creates an average of three

jobs for a year and generates about $90,000 in tax revenue, according to Home

Builders' data.

Many people are still having difficulty qualifying for home loans or cannot afford

larger downpayments required by banks. Some would-be home buyers are holding

off because they fear that home prices could keep falling.

Bank loans are not as much of a problem on Southwest Florida's barrier islands,

though, where buyers tend to be wealthier and the collateral of beachfront property

is more appetizing to banks, said Shawn Kaleta, president of Beach to Bay

Construction, based in Holmes Beach.

"I've remained pretty confident in the Anna Maria, Bradenton, Sarasota market for a

while," Kaleta said.

There was a "huge influx" of buyers during the recent tourist season, said Kaleta,

noting that 90 percent of his homes are pre-sold.

The 2010 BP oil spill dampened sales on the islands far more than the 2008 credit

crunch. But Kaleta acknowledged that builder confidence on the islands and builder

confidence on the mainland are two different things.

"There's only so many barrier islands that are in first-world countries."

Information from The Associated Press was used in this report.

This story appeared in print on page A1

Copyright© 2012 HeraldTribune.com - All rights reserved. Restricted use only.

www.heraldtribune.com/article/20120619/ARTICLE/306199997 /2107 /BUSJNESS?template=printart 212

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What's Next For Housing? More Sprawl - Developments - WSJ Page 1 of2

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What's Next For Housing? More Sprawl

As legend has it, Mark Twain once gave this famous investment advice: "Buy land; they're not making it anymore."

During the housing boom, home builders heeded the author's famous witticism, snapping up hundreds of thousands of

acres in and around U.S. cities. They went to the suburbs when land supply ran short, and then to the distant - and

cheaper - tracts known to planners as the exurbs.

The housing bust, and the phenomenal collapse of the home-building industry that began in 2007, helped cool the

sprawl frenzy.

But according to the Harvard Joint Center for Housing Studies' annual State of the Nation's Housing report, released

Thursday, sprawl is poised to make a comeback.

According to Census data examined by JCHS, the household growth in the 2000s was mostly concentrated outside of

cities - city cores only accounted for 21 % of growth, compared with 38% in the suburbs and 41 % in the exurbs. This

was largely driven by prices, a trend that is likely to continue. The current pause in exurban housing development has

more to do with cooling demand caused by the downturn than with a major change in lifestyle choices, the Harvard

center says.

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What's Next For Housing? More Sprawl - Developments - WSJ Page 2 of2

"What drives people to buy those homes is a combination of price and the type of house they're looking for," says

Chris Herbert, the center's director of research. "This is not a fundamental shift in trends. It's more a reflection of how

the recession has shifted people's behavior."

Another factor is the number of minorities buying homes. The report found that in 2010, 47% of minority households

lived outside of cities, a gain of 6 percentage points from 10 years earlier. This means that the suburbs have become

more diverse as they have become more popular. The rising number of homes purchased for seasonal and

recreational use has also fueled growth.

And despite all the building, the report said, most undeveloped land is still in areas outside of cities, not in them, and

thus "there is every reason to believe that the exurbs will once again capture a disproportionate share of growth once

residential construction activity resumes."

Economic woes have also put a cap on new household formation, a key metric for home builders. The Census

reported last year that 30% of Americans were "doubling up," or combining households, to deal with the difficulties of

the economy.

"Everyone is kind of frozen in place right now," Mr. Herbert says. "Slowly, it will go back to a more normal market, and

people will move out of their parents' basements."

Those people, Harvard says, will likely continue to move to where the space is: the suburbs, and even more so, the

exurbs.

"How much new housing will we need when household growth gets back to normal and vacancies start to clear?

About 1.6 million units a year," Mr. Herbert says. "That's a lot of housing to squeeze into the existing urban and

suburban infrastructure."

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7/5/12 Numeric Nutrient Criteria I Florida Association of Counties

Home»Numeric Nutrient Criteria

Numeric Nutrient Criteria SHARE Jj ,

Numeric Nutrient Criteria

Friday, June 29, 2012 Federal Challenge: Last week, U.S. District Judge Robert Hinkle granted EPA's petition for deadline extensions. Pursuant to the Order, the EPA must publish a proposed rule setting numeric

nutrient criteria for coastal and estuarine waters by July 20, 2012. The EPA must also publish a proposed rule setting numeric nutrient criteria for streams ( other than in South Florida) and downstream-protection criteria for unimpaired lakes by November 30, 2012.

In granting the extensions, Judge Hinkle said he found the EPA requests for extensions reasonable but added, 'The defendants (EPA) should take note: The effort that began in 1998 to establish numeric nutrient criteria for Florida waters must be completed. The defendants should not expect a fi.rrther extension."

State Challenge: Florida Administrative Law Judge Bram D. E. Canter rejected a challenge by Earthjustice

and other enviromnental groups to the state's proposed numeric nutrient rules. In Florida Wildlife Federation Inc. v. Florida DEP, Fla. DOAH, No. 11-6137RP, Judge Canter ruled that the opponents failed to prove the rules are an invalid exercise of authority delegated by the Legislature to the Florida Department of Environmental Protection (DEP).

Of significant note, Judge Canter opined that narrative criteria are not, in and of themselves, the cause of increased nutrient pollution. He stated that "proving that nutrient pollution has not been prevented is not the

same thing as proving that the narrative criterion is the cause." Citing unregulated nutrient contributions and

natural conditions, Judge Canter stated that "[t]here is more support in the record for the proposition that nutrient pollution in Florida is caused by a fragmented and uncoordinated regulatory system than for Petitioners' proposition that nutrient pollution is due to the Department's narrative criterion. Petitioners did not show that numeric criteria, alone, can prevent nutrient pollution in Florida."

The ruling clears the way for DEP to send the state's numeric nutrient criteria rule to the U.S. Environmental Protection Agency (EPA) for quick approval. Should the EPA approve of the DEP's rules, the state rules would replace the costly one-size-fits-all approach proposed by the EPA.

Revised NNC Timeline EPA also filed a motion late this week, to which Earthjustice agreed, to extend the effective date of the Phase I criteria from July 6, 2012 to January 6, 2013. As EPA had previously published a notice in the Federal Register proposing moving the date to October 6, 2012 or July 6, 2013; this date would appear to be a compromise.

The motion states that EPA needs more time to review the DEP rule and may need additional time later to

withdraw its own criteria for those waters. The motion also confirms that EPA will propose criteria for marine and estuarine waters and South Florida canals by July 20, 2012. The motion can be viewed at the this link.

www .fl-counties.com/NewsAndNotes/2012/Numeric_Nutrient_ Criteria.aspx?guid=97761 d 15-70d1 -44 ... 1/4

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7 /5/12 Numeric Nutrient Criteria / Florida Association of Counties

32KB

• July 20, 2012 Consent Decree Amendment. EPA to propose marine, estuary and canal criteria. • August 13, 2012 EPA deadline to approve the DEP mies under CW A. 11-lis tends to be a rather "soft"

target date. • November 30, 2012 Consent Decree Amendment. EPA to propose corrections to invalidated stream

criteria. • January 6, 2013 Per above referenced motion, EPA's effective date for lakes and springs criteria. • May l 0, 2013 Consent Decree Amendment. EPA to finalize marine, estuary and canal criteria. • August 31, 2013 Consent Decree Amendment. EPA to finalize corrections to invalidated stream

criteria.

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7/5/12 Florida Moving Forward with Plan to Improve Water Quality in the Everglades/ Florida Association of C ...

Home»Florida Moving Forward with Plan to Improve Water Quality in the Everglades

Florida Moving Forward with Plan to Improve Water Quality ...

SH ARE i(J · '.EJ

Florida Moving Forward with Plan to Improve Water Quality in the Everglades

Friday, June 29, 2012 On June 13, 2012, the Florida Department of Environmental Protection (DEP) received notification from the U.S. Environmental Protection Agency (EPA) that the permit and associated projects that DEP submitted on June 6, 2012, satisfy all ofEP A's previous objections and are sufficient to achieve the stringent water quality requirements for the Everglades. This action paves the way for the DEP to move forward with the state's permitting process to implement a historic plan, including an achievable strategy and enforceable schedule for constructing an array of treatment projects and associated water storage to improve water quality in the Everglades.

Last October, Governor Rick Scott directed DEP Secretary Herschel T. Vinyard Jr., and South Florida Water Management District Executive Director Melissa L. Meeker to work collaboratively with EPA to expand water quality improvement projects and achieve the ultra-low state water quality standard established for the Everglades. Months of scientific and technical discussions led to the comprehensive plan, which the DEP will enforce through state-issued permits and consent orders that include milestones for project completion, as well as enforcement mechanisms to ensure the milestones are met. The plan calls for the District to construct approximately 6,500 acres of additional state-of-the-art stormwater treatment areas and close to 110,000 acre­feet of associated water storage. Many core project components will be designed, constructed and operational within six years.

According to a DEP press release, highlights of the Everglades strategies include the following:

• Design, construction and completion of90 percent (99,000 acre-feet) of the required associated storage within four years. Capable of storing 32 billion gallons of water, the Flow Equalization Basins will be located adjacent to existing slorrnwaler treatment areas in the Everglades. This advanced combination of "green" technologies will better optimize water deliveries to new and existing treatment fucilities, allowing water managers to treat runoff to extremely low levels of phosphorus for the first time in the state's environmental history.

• Doubling the size ofStonnwater Treatment Area 1-West adjacent to the Loxahatchee National Wildlife Refuge. The District will construct 4,700 acres of additional treatment by 2018 and start construction on another 1,800 acres that same year. This expansion spanning ten square miles will increase by 50 percent the treatment capacity of water quality fucilities currently discharging into the Refuge.

• Improving treatment in the western Everglades by adding 11,000 acre-feet of associated storage in the C-139 Basin that is capable of storing 3 .5 billion gallons.

• Improving the operation of existing treatment wetlands in the western Everglades by retrofitting 800 acres fl-counties.com/ .. ./Florida_ Moving_Forward_ with _Plan_to _Improve_ Water_ Quality _in_ the _Everglades .... 1/5

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7/5/12 Florida Moving Forward with P!an to Improve Water Quality in the Everglades/ Florida Association of C ..

of constrncted wetlands in Stormwater Treatment Area 5. • State-issued and enforceable Everglades Forever Act and Clean Water Act permits, including stringent

discharge limits, for each of the District's stormwater treatment areas. • A robust science plan to ensure continued biologica~ ecological and operational research to improve and

optimize the perfonnance of water quality treatment technologies. 111e District's constrncted wetlands and flow equalization basins utilize cutting-edge science and engineering and are the largest of their kind in the nation.

• Utilizing thousands of acres of land ah-eady in public ownership, which rninimizes impacts to Florida's agricultural-based economy and accelerates construction of new projects. Regional source controls in areas of the eastern Everglades where phosphorus levels in runoff has been historically higher. Creation of approxnnately 1,550 direct jobs and 15,350 indirect jobs through construction of these facilities.

To protect ilie Everglades' unique 1nakeup of flora and fauna, the Department established a stringent phosphorus water quality standard of 10 parts per billion (ppb ). This ultra-low phosphorns limit for the Everglades is six times cleaner than rainfall and 100 times lower than limits established for discharges from industrial facilities. To reduce nutrient pollution to the Everglades and achieve state and federal water quality requirements, the District constructed massive treatment wetlands known as Stonnwater Treatment Areas that use plants to naturally remove phosphorus from water flowing into the Everglades. State law also requires best 1nanagement practices on the 640,000 acres of agricultural land south ofLake Okeechobee.

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Urban research: The laws of the city I The Economist Page I of 4

U d::;a n research

The laws of the city A deluge of data makes cities laboratories for those seeking to run them better

NO

FACE

looks

alike,

but human

bodies

and

their

genetic make­

up are almost

identical. Cities too have distinctive charms-but are surprisingly alike behind their fai;ades: Regardless of size, their populations grow at the

same average rate everywhere in the world. A city twice as large as its

neighbour is likely to be 15% richer. The mix of green space and built up areas tends to be equal everywhere.

Such findings reflect a recent shift in urban research. Better technology

has turned cities into fountains of data that confirm known regularities and reveal striking new patterns. This could transform how cities are

regarded, built and managed. Attempts to contain urban sprawl, long

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Urban research: The laws of the city I The Economist Page 2 of 4

the prevailing paradigm of urban planning, for instance, could fall out of

favour. Cities could be run with the sort of finely tuned mix of technology and performance associated with Formula 1 racing cars.

Back in the 1940s, George Zipf, an American researche1·, noted that a

city's population is inversely proportional to its rank in a country. His

law holds that the largest city is always about twice as big as the second largest, three times as big as the third largest, and so on. Other

regularities have emerged since. Big cities decentralise as they grow,

creating more Jobs outside the centre. Urban population density in all industrialised countries declines slowly as you move away from the

centre. (Moscow, exceptionally, is the other way round.)

The lack of good numbers used to limit such studies. Now data abound.

The United Nations and other organisations make most of their

statistics freely available. Data have also become more comparable

between cities and even between countries. Most important, transport

and telecoms networks, and social media, are spawning new data as a free by-product.

This has triggered new research. For instance Geoffrey West and Luis

Bettencourt, both of the Santa Fe Institute, found that cities scale much like organisms. Just as an elephant is, roughly speaking, a larger but

more energy-efficient version of a gorilla, big cities are thrifty versions

of small ones. For a metropolis twice the size of another, the length of

electric cables, number of gas stations and other bits of infrastructu1·e

decrease by about 15% per inhabitant. But beasts do not enjoy the

cities' rising returns to scale. Income, patents, savings and other signs of wealth rise by around 15% when a city's size doubles. In short,

urbanites consume less but produce more.

Shlomo Angel, an urban planning expert at New York University, gathered historical and census data from hundreds of cities, digitised

thousands of maps and had computers count millions of pixels on satellite pictures. Between 1990 and 2000 the surfaces of each of the

120 cities he and his team studied grew on average more than twice as

fast as their populations. These rates, he says, are unlikely to change. That means that the amount of urban land will double in only 19 years,

whereas the urban population will double in 43 years.

Carlo Ratti, who heads the Senseable City Lab at the Massachusetts

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Urban research: The laws of the city I The Economist Page 3 of 4

Institute of Technology, was one of the first to sift through the data produced by telecoms networks. One aim was to find out how a

country's internal borders reflect human connections. In Britain the English and the Scots hardly talk, at least on landlines; west of London,

where many of Britain's high-tech firms are based, a new region is

developing. American states such as Georgia and Alabama belong

together, whereas California splits three ways. In Portugal, if a city is

twice the size of another, people make 12% more phone calls per head. This gives weight to what urban theorists such as the late Jane Jacobs have long argued: that cities foster the exchange of ideas.

The Centre for Advanced Spatial Analysis (CASA) at Univer·sity College

London, another research hotbed, uses data from London's Oyster

cards-used to pay for public transport-and Twitter messages. Tube­

travel patterns are regular: entering the system at one station tends to

mean leaving it at a particular other one. Twitter messages reveal a

city's structure and its activity. London has one centre, near Piccadilly

Circus; New York has several, including near Times Square, City Hall and in Brooklyn. Tweeting correlates negatively with greenery,

particularly in Central Park.

Some in the field are ambivalent about such research. Practitioners of

urban planning don't quite know what to do with the results­

particularly regularities of the sort found by Mr West. Others worry that

urban research could, just like other fields of study, start to put

number-crunching ahead of other important questions. "A green pixel on a satellite image doesn't tell you whether it's a park or a private

garden," argues Philipp Rode, of LSE Cities, a research ct:ntr·e at the

London School of Economics.

Still, the deluge of urban data is likely to have a big impact. Some

academics such as Michael Batty, the director of CASA, see a real prospect of synthesising these patterns and regularities into a "science of the city", much like physics or biology. That will be the subJect of a conference at the Santa Fe Institute in July.

City planners, too, may have to rethink their work. If cities indeed

develop organically along certain lines, pushing them onto another

track may be futile. Instead of trying to limit growth, planners should

"make room", says Mr Angel: be realistic when projecting urban land

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Urban research: The laws of the city I The Economist Page 4 of 4

needs, set generous metropolitan limits, protect some open space and provide an arterial grid of roads. This is pretty much what New York did

in the early 18th century. It is what some Chinese cities are doing now.

Yet the most immediate impact of urban data will be on how cities are

managed. In a second research lab in Singapore, Mr Ratti and his

colleagues are developing software to turn cities into what he calls "real-time control systems". These combine all kinds of data feeds, including information about the location of taxis and rainfall. The city

state's transport system would benefit from being better able to match

the demand and supply of taxis, particularly when it rains, which tends to happen suddenly in Singapore.

Such examples raise one question: how will data change cities 1 To get

an idea, look at how racing cars have changed. Mechanics used to do

all the fine-tuning on their vehicle before a race. Now they sit in front of

big screens, monitoring the data that comes in from the hundreds of sensors attached to the car-and make adjustments in real-time. One

day city hall may be as packed with screens as a Formula 1 pit.

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New York Introduces Its First Adult Playground - NYTimes.com Page I of 4

June 29. 2012

Mom, Dad, This Playground's for You By WINNIE HU

IT was a classic father-son moment, reversed: The 2-year-old sat and watched patiently as his

parent hung upside down from the monkey bars. A few feet away, a white-haired man skipped

across an S-shaped metal beam. Another man squeezed his six-foot frame onto a metal rack for

situps, and two others hoisted themselves up chin-up bars.

Never mind the punishing diets, the gym dates and the doctors' warnings, the quest to live a

healthier, more active lifestyle has come to this: playgrounds for adults.

New York City is testing its first such playground in Macombs Dam Park in the Bronx, and

plans to bring as many as two dozen more to neighborhoods across the five boroughs in the

next 18 months, park officials said.

The goal is to lure people off their couches and into the outdoors with specially designed

playground equipment - in grown-up shades like forest green and beige - that recall the joy of

childhood play while tightening up flabby abs, thighs and triceps.

Though there are no swings or slides - these are essentially outdoor gyms - such playgrounds

not only have the look of traditional children's play spaces, but they are also built in some cases

by the same manufacturers.

The adult playground concept is borrowed from China and parts of Europe, where outdoor

fitness areas for adults have become as routine as high-fiber diets or vitamin D supplements in

preventive care, particularly for older people.

Now a ·growing number of city and park officials, health experts and community leaders

throughout the country are praising the health and social benefits of adult playgrounds. They

say that the playgrounds will succeed where treadmills have failed in combating rising rates of

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New York Introduces Its First Adult Playground - NYTimes.com Page 2 of 4

obesity and related illnesses by enticing the grown-ups out for play dates.

"Let's face it, most ofus dread going to the gym," said Dr. David Ludwig, a Harvard Medical

School professor who directs the Obesity Prevention Center at Boston Children's Hospital. "The

point is to make physical activity fun, easy and accessible, so it's the normal thing to do."

Adult playgrounds have spread across the nation, including to Miami-Dade County in Florida,

where four fitness zones with advanced strength-training equipment opened this year in

neighborhoods with high rates of cardiovascular diseases. San Antonio has added outdoor

fitness stations to 30 parks since 2010. Los Angeles has 30, with 15 more on the way, after park

officials found, to their surprise, there were "lines of people waiting to use the equipment."

And two mothers in Washington State, Paige Dunn and Kelly Singer, started a grass-roots

campaign last year to build "Momentum" sites to help new mothers shed their baby weight;

each site would face a children's play area and hold seven pieces of equipment that specifically

target problem areas. The women raised $30,000 to open the first one in Auburn, Wash; a

second will be dedicated in Redmond, Wash., next month.

In New York City, where adults are banned from playgrounds unless accompanied by a child,

the $200,000 Bronx playground with 15 pieces of equipment opened two years ago as part of

an effort to get more people out to the parks to exercise and slim down. Parks officials said it

had been popular enough that the city was now planning a rapid expansion.

"This represents a continuing evolution of both parks and playgrounds," said Adrian Benepe,

the parks commissioner.

This fall, the city will build a second adult playground with upgraded amenities - river view,

exercise mats, chess tables, a sign that says, "Adult Space" - at John Jay Park on the Upper

East Side. Councilwoman Jessica Lappin, who represents the neighborhood, said she had

secured $250,000 in city money for the project after some of her older constituents pointed

out, "There are tot lots, but there's no place for us."

"A lot of these people live alone," she said. "So going outside to the park, and being part of the

activity of the park, is important to them."

About 150 spots in city parks have one or two pieces of old-fashioned adult fitness equipment,

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New York Introduces Its First Adult Playground - NYTimes.com Page 3 of 4

mostly static pieces like chin-up bars. And parks elsewhere have had fitness circuits for years,

though usually they've been fairly modest. Many of the new adult playgrounds will have

comprehensive workout areas and equipment with moving pieces.

As public policy, adult playgrounds have proved far easier to sell as an anti-obesity measure

than, say, a proposed ban on large sodas. They produce almost no noise or car traffic, take up

little space and are cheaper to build than children's playgrounds, though the cost varies

depending on size and location.

"They're not controversial," said Michael Shull, a parks superintendent in Los Angeles, which

spends an average of $40,000 on a site for adults, versus $300,000 for children. New York

City's adult playgrounds will cost from $75,000 for the smallest one, with five pieces of

equipment, to more than $200,000, park officials said. In contrast, children's playgrounds

typically start at $500,000, with the majority running $1 million to $2 million.

The demand for adult-size equipment has created a niche business in an industry that once

catered mainly to the elementary school set. GameTime, one of the largest manufacturers of

children's playground equipment, introduced a new adult line in 2009 called iTrack, which

includes elliptical trainers and rowing machines. Outdoor Fitness in Colorado has worked with

more than 600 adult sites since 2005, according to Barry King, the founder. In addition to sites

in public parks, the equipment is being installed at residential developments and business

complexes.

Jim Sargen, a former technology executive who started TriActive America in California, which

has supplied 4 70 adult sites since 2004, half in the past three years, said he discovered

firsthand while traveling in Beijing in 2002 that exercise could be passed off as play. "My wife,

who doesn't normally exercise, climbed onto one of the pieces," he recalled. "She said, 'It's kind

of fun,' and an idea clicked."

The adult playground in the Bronx, the city's poorest borough and a place dogged by troubling

health statistics, is built on top of a parking garage and sandwiched between a track and

basketball and handball courts. It has attracted regulars like Brian Ferreira, 20, who once tried

working out at a children's playground near his home in Soundview, only to draw stares from

the parents. Now he hops onto two trains and a bus, three times a week, to have a playground of

his own. "I use every piece of equipment," he said. "It's good endurance training."

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New York Introduces Its First Adult Playground - NYTimes.com Page 4 of 4

On a recent morning, regulars and newcomers alike drifted onto the playground and waited

patiently - no tears or whining here - to use the equipment; one of the most popular was a

pair of metal seats that any child would have loved, rising and falling with the push of foot pedals.

The morning hours brought fathers with toddlers, and muscled older men who wore gloves and

earphones and effortlessly executed situps, push-ups and pull-ups. They retreated when noisy

teenagers passed through bouncing basketballs and running around the equipment without stopping to use any.

In the afternoon, a 30-year-old court clerk swung from the monkey bars during his lunch hour. Others just watched.

"Oh no, I'm past my prime," said Daren Trapp, a bus driver with a tummy bulge who was

among the observers. "It's out in the open, and I guess I'm a private individual."

But Colette Prosper, an unemployed mother of five, and her daughter, Iesha, 21, came ready to

sweat. It was their third time at the playground in a week; the first time, a stranger had to show

them how to use the equipment. Ms. Prosper, 45, who said she was trying to lose 40 pounds, said her clothes were already feeling looser.

"It's a free membership, and I like what they have to offer," she said. "I'm getting older, so I'm

trying to get everything in shape."

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