INTRODUCTION: - Florida Trail Riders



INTRODUCTION:

The development of this Off-Highway Vehicle (OHV) Park Feasibility Plan is in response to a request by many of the OHV enthusiasts that have recently approached the St. Lucie Board of County Commissioners (Board) regarding the construction of an off-highway vehicle riding area in St. Lucie County. The citizens concerns are about the large number of OHV enthusiasts that do not have a place for this type of recreation.  Currently, OHV riding is conducted primarily on non-public lands without regard to borders, environmental consideration, or safety.  This results in illegal and often unsafe riding of OHVs. See Exhibit I for a copy of the February 25, 2004, All Terrain Vehicle (ATV) Park Memorandum requesting permission to proceed with the development of an OHV Park Feasibility Plan.

Due to the size requirements of an OHV facility, the issue of using St. Lucie County International Airport as a riding area was discussed.  As a result of the many discussions that the off-road vehicle enthusiasts have had with the Commissioners, on April 27, 2004 the Board instructed staff to develop an Off-Highway Vehicle (OHV) Park Feasibility Plan. Based on the Board direction of April 27th, the Airport has assumed responsibility for developing a Feasibility Plan to address the issues associated with the development of an OHV riding area in St. Lucie County. The original intent of the development of this Feasibility Plan was to develop an interim site that can be used while excess profits are escrowed so that a permanent site can be purchased and developed.

Since this type of activity is currently not in St. Lucie County, the Airport recruited County staff members and members of the community to act as the Steering Committee for the development of this Feasibility Plan.  The interested community members included

citizens, OHV sales representatives, and manufacturers. The Steering Committee met seven times since April to develop this Feasibility Plan for the proposed OHV trail riding area at the Airport. See Exhibit II for a copy of the minutes for each of the Steering Committee's meetings.

It is staff’s intent that the resources of the Steering Committee will continue to be used to oversee facility development and operations of the OHV Park if the Board approves this use.

PURPOSE AND NEED:

Communities need to provide safe, quality opportunities for outdoor recreation that meet the needs and desires of their citizens.  Traditionally, communities have provided open

lands for sporting activities that we would typically consider recreational in nature, such as soccer, baseball, swimming, and picnicking. As indicated by the growing popularity of

off-highway vehicle recreation, there is a need to provide space and facilities for off-road vehicle recreationists.

The goal of this off-highway vehicle recreation area is to provide diverse and challenging opportunities for off-road enthusiasts. This will be accomplished by providing trails, scramble and rally areas, vehicle testing areas, and special event facilities to accommodate motorcyclists, all-terrain vehicle (ATV) riders, and bicyclists with varying skill levels.

IDENTIFICATION OF DEMAND

Currently, there are no legal riding areas for off-highway vehicles in St. Lucie County.  However, as evidenced by the continuous trespassing on private and public land, there is a definite need for areas designated for off-highway vehicle use.  Population growth, specifically in Port St. Lucie, has drawn attention to the countywide shortage of appropriate and legal areas to ride off-highway vehicles.

An OHV Park as defined by this Feasibility Plan is a place for family and community based recreational activities. As identified by the Steering Committee, the OHV Park can also provide educational programs, and environmentally enhancing activities.

While some may consider OHV and other recreational vehicle sports a small phenomenon, the statistics prove otherwise. There are more than 529,000 off-highway vehicle clubs worldwide, and a local Florida off-highway vehicle organization’s website receives more than 32,000 hits annually to their website listing safety and consumer tips, as well as locations for families and individuals to ride.

In 2002, the State Legislature passed legislation to require all OHVs that are used on public property be registered. The following table depicts the registered OHV through June 2004.

The OHV Park, as outlined by the Steering Committee, must be developed and managed as a highly regulated recreational area that provides for a variety of off-highway driving experiences.

| |Registered OHVs |

|St. Lucie County |1627 |

|Treasure Coast |4,555 |

|Within 100 miles |30,331 |

|Within 200 miles |88,076 |

|STATEWIDE |102,455 |

ILLEGAL ACTIVITY

Crossroads Commerce Park, the Savannahs, FEC, the Gatlin Boulevard area and many other formerly remote areas have long been used as riding areas for off-highway vehicles. However, as development pressures have caused off-highway enthusiasts to clash with homeowners. These unregulated riding areas have never been able to adequately address environmental and social concerns.

By providing a site that can be developed with environmental and social concerns, the OHV Park could serve an affluent, educated community that would naturally lend itself to community-building and educational and ecological activities including nature conservation and education, rider training and safety, multi-use trails, camping, and picnicking. This OHV Park would also provide opportunities for comfortable collaboration between government, private citizens, and special-interest groups. For example, County Extension educators would find the facility a perfect location for safety education and an awesome teaching tool to help new and transitional residents understand the ecological and natural beauty of Florida and how to maintain and appreciate both.

COMMUNITY BENEFITS

The community benefits of creating an OHV Park are numerous. Any family-oriented activity a community provides helps to improve the quality of life in that area. A good quality of life is one of the top priorities of professionals and job seekers considering a move to any area, and is often the deciding factor when a position is offered. A strong, family-oriented community provides multiple opportunities to its members to spend time together in the outdoors, and offers safety and environmental educational venues to help raise community and environmental awareness. Family-friendly communities see a significantly lower rate of crime, substance abuse, and vandalism, all of which are attributed to the positive opportunities provided by the community to its members. While an OHV facility would provide a fun place for families to stay and grow together, it would also help enhance the quality of living in St. Lucie County for community members of all ages.

Also to be considered is the possibility of this OHV Park being created as a mixed-use facility, wherein hikers, mountain bikers, and other non-motorized users could enjoy the facilities, or a portion thereof. This would also benefit the area and provide one more outlet for physical activity, family-oriented use, and economic benefit to St. Lucie County.

ECONOMIC BENEFIT

The economic benefits of a family-oriented facility are tremendous. In addition to bringing families closer together and providing recreational and tourism opportunities for individuals and groups to visit the area, the potential for additional income to the area is substantial.

Providing safe, family-friendly opportunities for recreation is a high priority for many Americans, and addressing this priority is a proven financial boom for areas, which have done so in the past. The State of California brings in more than $2 billion each year from OHV facilities, which provide structured riding for individuals and families.

St. Lucie County could be on the cutting edge by addressing this need; particularly since the State of Florida is interested in exploring and creating new OHV facilities to meet the growing need in the State.

With the implementation of the T. Mark Schmidt Safety and Recreation Act of 2002, all new OHVs sold in the State of Florida and used on public lands must be titled by the Department of Highway Safety and Motor Vehicles. A percentage of the titling fees go into a trust fund to help develop new OHV areas. Florida Statutes, Chapter 261 of this act speaks to OHV safety and recreation and attempts to provide new areas for OHV’s in order to sustain long-term use and minimize the environmental impact of OHV’s.

The number of OHV’s in Florida has more than doubled in the last ten years, and the State of Florida is very actively attempting to develop a system of OHV recreational areas and trails on public lands within the state.

To this end, Chris Reed, the Off Highway Vehicle Coordinator for the State, is working with the University of Florida on an Economic Impact Study, which should be initiated during the month of August. This study will look into the economic benefits and pitfalls of an OHV facility in Florida. This information will help add credibility to what St. Lucie County’s Steering Committee already knows, that the addition of an OHV Facility would be a tremendous economic impact to the area, both directly, through use fees, and indirectly, through trailside businesses, hotels, restaurants, repair, customization and parts suppliers, and other recreational activities in the area.

The results of the Feasibility Study being prepared by St. Lucie County and the Economic Impact Study being coordinated by Chris Reed and the University of Florida should help bolster a case for tourism dollars to be funneled into these efforts in St. Lucie County.

An example of the benefits of creating such a facility follows:

Tom and Mary Jones and their three kids (10, 12, and 14) are heading north from Miami to Fort Pierce for a weekend of riding. When they exit the turnpike at Okeechobee Road, they stop in to grab a bite to eat at a nearby restaurant, and fill their tank with fuel. Mary picks up a couple of bags of oranges to toss in the cooler for snacks, and the crew is on their way to check in at their hotel. The kids share the room adjoining to their parents, so two more hotel rooms are now booked for the weekend.

The five catch a movie on Friday evening at the NOVA Cinemas, and stop for an ice cream cone afterwards. The fourteen-year-old son dashes into Publix because he’s forgotten to pack his hair gel, and while there, the crew grabs some juice boxes and deli meats for tomorrow’s picnic.

After a great night’s sleep, the crew grabs a bite to eat at a nearby coffee shop, and heads to the Airport OHV Park, where they pay their entrance fee, don their helmets, and head out for a few hours of fun and thrills. The ten year old enrolls in and takes a morning safety education class provided by local Cooperative Extension staff in cooperation with the St. Lucie County Sheriff’s Department, while the rest of the group rides through the morning.

Dinner after a great day of riding is a super experience, and the whole family enjoys a walk on the beach at sunset, before playing a round of miniature golf at the new place that just opened near the OHV park, and the family retires early, but not until they’ve brushed their teeth after the post-golf ice cream cone. Tomorrow they’ll enjoy a planned activity/special event at the OHV Park, which will offer riding, and special activities to help learn about other things going on in the area. Mary already wants to come back to visit Heathcote Botanical Garden, and Tom has heard that Fairwinds is a great place for a round of golf. Meanwhile, the kids are doing their own planning, trying to figure out when the next three-day weekend off is, so they can grab some friends and do a multi-family riding weekend next time.

No less than 14 businesses benefited from the Jones family’s weekend of fun in St. Lucie County. That’s not including any maintenance, repair, or upgrades the family may have chosen to include while they were in the area.

And you can be certain that the Jones family will share the experience with other members of their OHV club and friends from work and school, which is the kind of tourism advertising that money simply cannot buy. The economic benefits for pre-existing businesses are tremendous, and the opportunity for new trailside businesses and special events, including charitable and community fundraisers, is phenomenal!

Examples of other possible special events that could be planned for the new facility include:

• Pumpkin Run

• Scavenger Hunts

• Eco-Educational Rides

• Trail Clean Up

o Coordinated by Users and OHV Clubs

• Halloween Haunted Family Trail Ride

o Featuring safety education,

o Free vehicle and helmet checks,

o Low/reduced cost helmet replacement sponsored by OHV clubs.

• Fundraiser for Area Scholarships

o Sponsored by clubs and local businesses

• Ice cream socials and community picnics

• Moonlight rides

• Community dances/block parties

• Hot Air Balloon Festival

• Conservation Day

o Sponsored and staffed by OHV enthusiasts and clubs

• Senior Citizen Days

o Including rides and special activities for community seniors

SOCIAL BENEFITS

The social benefits of any family-oriented, community activity are obvious. In addition to individuals and families utilizing the facility, the OHV Park could also be used for other family-oriented activities, including: picnics, reunions, business outings, special events, educational venues, fundraisers, conservation opportunities, teambuilding exercises. OHV riding is a family-oriented recreation. OHV’s are designed and built for all ages.

Because a structured, sanctioned location for riding will have been made available, the residents of St. Lucie County would be pleased to welcome:

• More controlled riding

• A decrease in 911 calls

• A proven activity to help prevent and decrease juvenile delinquency

• Opportunities to help educate, and raise awareness of situations, which provoke road rage. OHV facilities and structured riding opportunities have been shown to consistently help prevent road rage

• A reduction in the inmate population, since the delinquency rate would decrease and economic benefits would provide less reason for criminal activity.

ENVIRONMENTAL BENEFITS

All recreational park’s, in particular, OHV Park's must address environmental concerns. OHV Park's typically come under greater scrutiny than most projects to ensure that they address environmental protection. The most critical environmental and social issues that must be addressed are wetlands, air and sound quality, threatened and endangered species, and cultural resources. Every effort should be made to avoid development in environmentally sensitive areas.

An OHV park would…

• Help prevent the spread of less desirous grasses in the area

• Decrease the incidence of illegal riding on environmental properties

• Increase the safety and pristine quality of important environ-mental wetlands

• Provide a natural firebreak to help eliminate dangerous and land-threatening brush fires.

By creating a separate, legal facility for OHV enthusiasts, trespassing and illegal riding activities would decrease considerably, helping to preserve the delicate and pristine natural beauty of this area.

EDUCATIONAL BENEFITS

Because an OHV is a powerful piece of motorized equipment, it would be irresponsible to offer an OHV park without also including important safety education and training opportunities. Historically, all-terrain vehicles are sold with little or no training provided to anyone but the person actually making the purchase. Manufacturers of these vehicles place the responsibility of training and safety education on the buyer, typically a parent or guardian. This is a recipe for danger and can lead to the incidence of serious physical and property damage. While parents and guardians should obviously be the main source of data and education for children, the reality is that many adults are not in complete control of their vehicles. By offering a safe, structured place to educate, train, and ride OHV’s, St. Lucie County would also be placing itself at the forefront in the state as an OHV Training Ground.

Grants and funding are available through safety education, government, and manufacturers to help provide training and safety education, all of which lead to more responsible drivers both on and off-road. This has the potential to help decrease insurance costs for motorists in the area, something, which everyone would welcome.

Fine educational institutions like Indian River Community College (IRCC) and the community educators at Cooperative Extension, and Environmental Resources would be a natural collaborator on such a program of safety, and environmental education, as would local and state law enforcement officials. Because OHV’s are also used in agricultural settings, Cooperative Extension would be the most likely coordinator of agricultural training, and could partner with the County to write and receive grants and funding to help implement training and safe driver programs.

There are also opportunities for environmental and cultural education, particularly involving this region, which is rich in history and natural beauty. Collaborations with local museums, botanical gardens, organizations, and clubs are a natural outcropping of this ambitious venture.

LEGAL ISSUES

There are always legal concerns when considering this type of venture. However, according to the Off Highway Vehicle Coordinator for the State of Florida, the largest concern is, as expected, an issue of liability.

Pursuant to Section 768.28, Florida Statutes, the County’s tort liability is limited to $100,000 per individual claim with an aggregate of $200,000 for all claims arising from a single incident. In the event a judgment exceeds this amount, the plaintiff does have the option of seeking a claims bill through the Legislature for payment in excess of these limits.

However, the State is currently working hard to deal with the issue of liability and hopes to have additional information in the very near future.

Chris Reed suggested that the Steering Committee and St. Lucie County might want to consider contracting out the maintenance and daily operation of any OHV/OHV facility, including law enforcement, site maintenance, and wildlife officers, which might also take some of the liability burden away. Reed also stated that liability waivers are used in the Croom riding area. See Exhibit III for sample copies of liability waivers and rules and regulations

Mr. Reed also mentioned that the State Legislature has recognized that there are inherent risks associated with equestrian related activities.

According to the State Legislature, these inherent risks may result in injury, harm, or death to persons on or around horses. As a result, the State Legislature has granted protection to those entities involved in equestrian activities. As a result, no participant shall have any claim for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equestrian activities.

Mr. Reed mentioned that there is an effort in the legislative system to pass laws similar to equestrian laws that would limit the liability of agencies and managers of public OHV sites.

As a remedy, a public agency may need to promulgate rules for an OHV area to help limit liability and ensure adequate law-enforcement capability.

INJURY REPORT

In 2001, the U.S. Consumer Product Safety Commission (CPSC) and members of the OHV industry conducted studies related to injuries and exposure with regard to OHV riding.

Since 1997 there has been an increase in injuries associated with ATV's. In 1997 there were an estimated 54,700 injuries treated in hospital emergency rooms. 2001 the number had risen by over 100 percent to 111,700.

A copy of the All-terrain Vehicle 2001 Injury and Exposure Studies dated 2003 produced by the Consumer Product Safety Commission is included as Exhibit IV.

SITE SELECTION

According to the Off-Highway Vehicle Safety and Recreation Act Report prepared by the Florida Department of Agriculture and Consumer Services, four more regional OHV recreation areas are needed. Croom Motorcycle Area and Ocala, Osceola and Apalachicola National Forests currently provide the only current significant public land base for OHV riding opportunities in Florida.

There are several geographic regions where the OHV riding public does not have readily accessible riding, and they must drive a minimum two or three hours to reach one of the existing areas. Ideally, there should be public OHV recreational area within one hours driving distance of most Floridians. This would be the case if the four new areas were established.

According to the report, these OHV riding areas should be located as follows:

• The Panhandle – at a location between Panama City and Pensacola

• Southwest Florida – at a location between Sarasota and Naples

• Southeast Florida – at a location in the St. Lucie / Martin Counties

• Southeast Florida – at a location in the Miami-Dade / Broward County area.

ENVIRONMENTAL LANDS

Since many of the off-road vehicle enthusiasts have targeted environment-tally sensitive areas for off-road vehicle riding, the Steering Committee discussed the use of environmental areas as open trails for use by OHV enthusiasts.

As presented to the Steering Committee by Steve Fousek, Environmental Land Specialist, the use of environmental areas for use by off-road enthusiasts causes significant changes to the natural environment and to the species composition. 

Additionally, due to many of the grant assurances associated with acquisition of these environmentally sensitive areas, the use of these properties as off-road vehicle riding areas would be strictly prohibited. As indicated in a Memorandum dated August 13, 2004 from Environmental Resources, a discussion with Grant Gelhadt, Florida Communities Trust (FCT) discusses the possibility of utilizing any FCT land for OHV use. According to Mr. Gelhadt, unless OHV use was specifically identified in the grant application and management plan, it would be highly unlikely that it would be authorized for such use, now or any time in the future. Furthermore, any OHV use identified in the grant application, would only be allowed in areas that have been totally impacted by man altering activities such as mining, where the mine cannot be reasonably restored. Management plans may be revised for OHV use, again only those areas that have been totally impacted and cannot be restored, may be designated for that use. Conversion of natural communities to non-native vegetation, such as bahia pasture, is considered to be temporary and restorable. In reviewing any proposed grant applications or proposed revisions to existing management plans, SCT would determine if the overall purpose of this site would be compatible with OHV use. (i.e. can the active use be part of, or a combination of the passive use/intent of the project?)

Of the many projects acquired with the assistance of FCT, Indrio Savannahs is the only site that contains an abandoned mine that may or may not be restorable. This approximately five acres surrounds the excavated lake that is currently used for recreational fishing. OHV use at this site is not desirable due to the minimal size of impacted area, surrounding residential use, location of primary access, and overall use of the site for preservation purposes.

As a result, it was the consensus of

the Steering Committee that all properties designated as environmentally sensitive would be eliminated from further consideration for an off-highway vehicle park.

PARK LANDS

Another discussion by the OHV Steering Committee was for the possible use of parks currently owned by St. Lucie County. The Parks Manager Paul Julin responded by explaining that the designed use of most parks are passive in nature, and other parks are for sports activities such as football, baseball, or soccer and that an OHV would destroy the field, thus eliminating the use for these sports.  In addition, the parks are too small for OHV activity. It was the Steering Committee’s consensus that parks properties be eliminated from possible use for OHV activity.

AIRPORT

St. Lucie County International Airport is located three miles north of the city of Fort Pierce on St. Lucie Boulevard.  The airport sits on approximately 3660 acres of land.  The Airport is bordered by Indrio Road on the north, St. Lucie Boulevard on the south, Kings Highway on the west, and U.S. 1 on the East.  The Airport is owned and operated by St. Lucie County.  See Exhibit V for a copy of the proposed site plan.

NATURAL FEATURES

There are three key factors to be considered when determining the feasibility of an OHV facility on public lands.

1. Degree of ground disturbance or land alteration

2. Noise

3. Keeping riders on the trails

The site being considered is already disturbed, and has great access through Fairwinds Golf Course Road. The Airport has plenty of property to act as noise buffers and the size of the proposed site would allow for at least 30 miles of trails within the property.

ENVIRONMENTAL PROTECTION

According to Chris Reed, Off-Highway Vehicle Coordinator for the State of Florida, the creation of OHV trails has actually been proven to positively impact the environment by taking away negative impacts being brought into pristine areas by unlawful and unacceptable use.

The land currently being considered at the Airport is already heavy in Brazilian Pepper and Melaluca, which is non-native vegetation. Because this type of vegetation is not native to the area, the land being considered is already considered as a “disturbed area” by the State of Florida with regard to environmental consideration and makes it an excellent candidate for an OHV riding area.

NOISE QUALITY

Noise pollution issues with regard to OHV and ATV trails are primarily a problem prior to the creation of such trails. A trail being created in the physical location of the Airport is not likely to create additional adverse affects on the community with regard to noise.

During a recent presentation to the Steering Committee, Chris Reed also suggested that noise limitations might be worth discussing and implementing in any OHV or ATV trail being considered in St. Lucie County. His suggestion was that vehicles must fall in the 96 decibel and below range in order to be allowed access to the trails. This fits into the standards of most OHVs, and would eliminate noise concerns by ensuring that altered OHVs would not have access to the facility. Chris Reed spoke to the fact that most riders are very accepting of this limitation, feeling that “less sound, more ground” is worth the trade, and the more miles of trails they have to ride, the less important the loudness of the OHV is to its owner/rider.

There are also standards that exist that establish the test procedures, environment, and instrumentation for determining the sound levels of motor vehicles under stationary conditions. These tests measure primarily exhaust noise and well be incorporated into the operations manual developed for this ATV trail riding area. The tests comply with Society of Automotive Engineers, Inc. (SAE) standards and are included as Exhibit VI.

On August 21, 2004, the airport in conjunction with St. Lucie County Code Enforcement conducted noise evaluations of the impacts from OHV's on the adjacent residential neighborhood and Fairwinds Golf Course.

Thirty-nine OHV's participated in the test. The following table depicts a breakdown of OHV's between 2-wheeled and 4-wheeled ATVs that participated in the noise test. The information is also broken down into two-stroke and four stroke vehicles.

|TYPE |2 stroke |4 stroke |TOTAL |

|4 wheelers |3 |24 |27 |

|2 wheelers |7 |5 |12 |

|TOTAL |10 |29 |39 |

On August 21st, at 9 AM, Code Enforcement recorded the ambient noise at the intersection of Indrio Road and Southwind Trail. Immediately following, Code Enforcement recorded the ambient noise at 300 feet north of the intersection of Indrio Road and Southwind Trail.

After the ambient noise was recorded for both locations, the 39 OHVs proceeded to run their vehicles at a location approximately 1000 feet south of the test location. At that time, Code Enforcement conducted a noise test using their equipment at the same two locations.

After the two noise tests were complete at Indrio Road, Code Enforcement relocated to a location just north of Hole #2 at Fairwinds Golf Course. At that time, Code Enforcement conducted an ambient noise test and immediately following a noise test with the 39 OHV's operating at approximately 1000 feet north of the test site.

The following table depicts the results of the noise test. The top figure is the ambient noise test for each of the locations. For the noise test, the Code Enforcement Officer records the decibel readings for each of the octave ban frequencies (hertz) and compares the result with a dBA level established in the County’s Noise Ordinance.

The bold numbers (in shaded boxes) are the test readings that exceed the ambient noise levels for each test location. The italicized bold numbers are the test readings that would exceed the Industrial to Residential noise levels established in the County’s Noise Ordinance. However, the County’s Noise Ordinance exempts the noise resulting from the operation of any motor vehicle.

It should be noted that the Code Enforcement equipment does not segregate the source of the noise. As a result, aircraft and vehicle noise were included in each of the ambient noise tests and OHV noise tests.

| |Indrio Rd & |300’ North of |Fairwinds Golf |

| |South-wind |Indrio Rd & |Course |

| |Trail |South-wind |#2 green |

| | |Trail | |

|Ambient |67 |48.4 |47.1 |

|dBA | | | |

|31.5 hertz |27.8 |31.6 |30.9 |

|63 hertz |45.7 |44.4 |44.6 |

|125 hertz |51.6 |48.4 |48.2 |

|250 hertz |52 |46.6 |46.3 |

|500 hertz |60.2 |48.3 |47.6 |

|1000 hertz |62.4 |51.2 |51.1 |

|2000 hertz |55.8 |41.7 |45.4 |

|4000 hertz |54.8 |37.7 |35.9 |

|8000 hertz |48 |53.7 |34.4 |

Information from the noise test is included as Exhibit VII.

FAIRWINDS GOLF COURSE

Located approximately 1000 feet to the south of the proposed OHV trail-riding area is Fairwinds Golf Course.

The impacts on Fairwinds Golf Course can be mitigated. The proposed OHV trail riding area will be sharing the main entrance to the Golf course. The Steering Committee has estimated that approximately 300 vehicles per weekend day will use the OHV Park. To avoid conflicts with weekend events at Fairwinds Golf Course, (for example a golf scramble) the OHV Park could open at 9 AM, which will allow the heavy traffic for the Golf Course to already park.

As demonstrated in the noise test conducted on August 21, 2004, the noise generated from the 39 OHV's caused a slight noise impact to Fairwinds golf hole # 2 green only. As depicted in the table, the noise impacts to Fairwinds # 2 green slightly exceeded the ambient on two of the 10 two minute segments.

ACCESS ROUTE

Due to the sensitivity of the residential neighborhoods surrounding the Airport, access to the proposed OHV property was an important issue for the Steering Committee. Although the property borders on Indrio Road, the willingness to use Indrio Road as the primary access point for the OHV Park was quickly dismissed because of the physical limitations of Indrio Road. Indrio Road is a two lane, east-west corridor bordering the northern boundary of the Airport property. Because of the proposed uses of the OHV Park, the projected traffic into the OHV Park would consist mainly of vehicles towing trailers and would cause congestion on an already busy roadway.

As a result, the Steering Committee recommended that access to the OHV Park be provided through the Fairwinds Golf Course access road. The Fairwinds Golf Course Road is a two-lane road that intersects U.S. 1 with adequate intersection improvements including turn lanes and a median cut.

FEDERAL AVIATION ADMINIS-TRATION (FAA)

St. Lucie County International Airport is a general surplus airport conveyed to St. Lucie County by the Federal Government under the authority of the Surplus Property Act. As such, the Federal Aviation Administration (FAA) imposes certain continuing obligations as part of the covenants and conditions for the Airport under the Act.

The FAA insists that surplus properties associated with a public airport including revenue generated from those properties be used to support the development, maintenance and operation of the aeronautical facilities. The FAA further requires that if the property is not needed to directly support an aviation use that it be made available and used to produce income for the airport. This means that any lease or rental arrangement covering the use of the surplus property at the Airport must assure that the fair rental of the property will accrue to the Airport and be available to meet Airport expenses. Such property may not be rented at a discount to support community nonprofit organizations or to subsidize non-airport objectives.

The area being proposed for the OHV Park is currently being leased for cattle grazing operations. In 1998, the highest and best use of the vacant 750-acre property was for a cattle lease. As a result of the bid, the Airport receives $15,330 annually for the use of the 750 acres of property for cattle grazing operations.

The Airport Layout Plan (ALP) Update approved by the St. Lucie Board of County Commissioners (Board) in June of 2002 depicts the proposed OHV Park as an area slated for future industrial/ commercial development. Based on timeframes associated with industrial/ commercial development, and the realistic expectations of obtaining the funding necessary to develop the northern 1000 acres of the airport, the Airport would expect that funding availability and demand would dictate that the industrial/ commercial development of this property is outside of the Airport’s current ten-year planning horizon. Hence, development of this property into an OHV Park would provide the highest and best use for revenue enhancement to the Airport in the interim.

EXISTING LAND USE

The existing Airport property consists of various zoning designations that have followed the property since St. Lucie County acquired the property. The primary zoning for the property proposed as the OHV Park is Utilities (U) and light industrial (IL). The zoning designations are consistent with Airport use but currently do not allow for OHV riding.

PROPOSED LAND USE

To allow for OHV riding, County staff has prepared a draft ordinance (04-021) amending the St. Lucie County Land Development Code, specifically 3.01.03(W)(7) to add OHV Parks as a conditional use to the utility and light industrial zoning designations. The approval of this draft ordinance would allow the Airport to apply for permission to develop trails for use by off-highway vehicles provided that a minimum of 100 acres is available for the sport. Exhibit VIII depicts the Ordinance and the meeting minutes for the Planning and Zoning Meeting with regard to this issue. At the Planning and Zoning Meeting, the members voted to deny the proposed ordinance.

WETLAND

Based on the experience of the OHV user, different riding opportunities can be provided through a system of designated trails or a designated scramble area. On the trail riding areas, the OHV's are prohibited from leaving the trails, while on the scramble area the OHV's can be ridden anywhere within the designated boundaries of the site. The scramble areas would be designated on relatively disturbed lands. The designation of trails would limit the destruction and degradation of natural systems and wildlife. The Steering Committee has recommended a buffer around the wetlands.

OTHER OHV SITES

OHV sites on public lands are limited in the State of Florida. There are essentially four places where an OHV enthusiast can ride anytime in the year without controls that limit the number of rides or periodically close an area to riding. These are the three large national forests (Apalachicola, Osceola and Ocala, and the Croom Motorcycle Area in Withlacoochee State Forest. All four of these areas are open to OHV riding every day the year.

One example of an ideal OHV/ATV facility is Croom. The facility offers campsites, trails of varying degrees of difficulty to cater to every level of skill, and encourages family use. It is not uncommon to see three or four generations of a family riding and enjoying a weekend of camping and riding at the Croom facility.

Another site being considered for OHV is Tate’s Hell State Forest in Franklin County, Florida. The proposed OHV area is approximately 4500 acres.

Several Florida counties are investigating the possibility of establishing OHV riding areas. To date, no official County owned or operated OHV riding area is known to exist in Florida. A County owned OHV riding area would become a welcomed addition to the statewide system and will ultimately be a prime candidate for obtaining funds from state and federal grant programs that specifically promote OHV trail riding.

SITE DESIGN

MINIMUM AMENITIES

In planning an OHV Park, local conditions, primarily visitor demands dictate how many people and activities the Park can accommodate. The Steering Committee focused on the initial feasibility of an OHV riding area in St. Lucie County. As a result, the expectations are that site related constraints will be addressed after approval by the Board of the Feasibility Plan.

BICYCLING FACILITIES

Approximately sixty million Americans ride bicycles either for transportation or recreational purposes. They ride in the bike lanes on the street; they ride on side paths adjacent to the street as well as off-road trail systems. In St. Lucie County there are currently only a handful of designated off road areas to ride. There are numerous single-track trails on the County’s environmentally sensitive lands (ESL) that allow for users to enjoy Florida’s scenic views through hiking and biking. There is also a mountain biking trail that has more challenging features than the ESL properties, but this trail is currently on private property. St. Lucie County is trying to acquire this trail known as Crossroads.

In May of 2002, St. Lucie County held a charrette on North County Greenways & Trails. The purpose of this charrette was to identify needs of the north county residents as it relates to trail systems. It was identified in the charrette that there was a need for multi-use trail systems, both paved and unpaved. It was also mentioned by members of the charrette to provide a BMX (bicycle motocross) facility in the area.

The proposal of the airport cattle lease property as an off highway vehicle (OHV) park has lead to discussions of trying to incorporate some of the north county charrette bicycling facilities into the park plan. This includes mountain biking trails and the potential of a BMX facility.

The bike trails and BMX facilities would be for non-motorized vehicles only. These facilities will most likely be in the noise buffer areas and the northeastern portion of the property. The bike trails would be built using grant recreational trail funds in conjunction with the Treasure Coast Airborne Mountain Bike Club. The location of bike trails will be site specific.

BMX FACILITIES

Staff has already researched the construction and operations of a BMX facility. These facilities can be constructed for approximately $25,000; however, most of the materials can be acquired or donated from local vendors. There are twenty BMX tracks in Florida that are sanctioned with the National Bike League (NBL). The closest track to riders on Treasure Coast is Okeeheelee BMX in West Palm Beach. Existing local tracks (Okeeheelee, Orlando and Miami South) are averaging 80 to 200 riders for local events and 650 to 1100 for national events. These events are NBL sanctioned. BMX is a fast growing sport. The International Olympic Committee has approved to add BMX to the 2008 Olympics.

Safety is taken extremely seriously in the sport of BMX. The following was quoted on the website for Okeeheelee BMX Park in West Palm Beach:

“Statistics have proven that BMX racing is one of the safest of all youth sports today. Part of this is due to the mandatory requirement of safety equipment every time a rider is on the track. Riders MUST wear long sleeves, long pants and a helmet. Gloves are optional, but always a good idea. As riders get more involved in racing, so does the safety gear; with padded elbow jerseys and padded (on the knee, hips and shins) racing pants. BMX is a sport catering to the individual. Every rider gets to participate and compete. No one sits on the bench and no one gets cut from the team.” ()

OFF ROAD TRAIL FACILITIES

The majority of the current County owned ESL properties provide two track trails for the riders. A two-track trail allows for more than single file riding. In general the ESL lands provide trails that are five feet wide. Mountain bikers enjoy what’s known as a single track; the track is only 12 to 18 inches wide to keep the riders in single file. Single-track trails tend to wind around obstacles such as trees, large rocks and bushes. Compared to roads, single-track blends into the surrounding environment, disturbs much less ground, and is easier to maintain. The tread of single-track is almost always natural surface, in contrast to the gravel or pavement of roads. There are two single-track trails on the Treasure Coast: Crossroads and Jonathan Dickenson State Park.

It is proposed to include a single track in the northeastern quadrant of the existing cattle lease property of the airport. This trail can be built utilizing recreational grant trail funds and help from the Treasure Coast Airborne Mountain Bike Club

SUPPORT FACILITIES

Many members of the Steering Committee were able to secure commitments for the donation of materials and time for the infrastructure improvements at the OHV Park. As a result, the Financial Feasibility of the OHV Park is based on the donation of much of the infrastructure costs.

The Steering Committee briefly discussed additional amenities that may be desired as a result of the successful development of an OHV riding area. Some of the support facilities that may co-exist with the development of this facility are as follows:

• Camping

• Picnicking

• Play areas

• Concessions

• Competitive training venues

• Control tower

• Shelters

• Utilities

MAINTENANCE

OHV/ATV riders are active when it comes to volunteering to help maintain and keep the trails in good condition, which helps lower maintenance costs. Further, it has become clear that OHV/ATV riders are interested in keeping their sport and its facility safe and available for all. According to Chris Reed, riders at the Croom facility are quick to “self-police” and ensure that all riders are following the rules of the off-road, so to speak, and not taking advantage of the facility or the environment.

MANAGEMENT PLAN

Management and operations are the key to the long-term success of an OHV riding area. A comprehensive management plan will be developed to address planning, operations, maintenance, and activity programming into one integrated document.

This document will also address any rules and regulations needed for the successful programming of the OHV riding area.

An emergency response plan will be developed for the site. The plan will outline the action that will need to be taken in the event of an accident, injury, illness, fire, or other emergency. Once developed, this plan will need to be posted in high visibility areas and all staff will need to be trained and familiar with actions to be taken.

STAFFING

The Steering Committee has recommended that the OHV riding area be operated seven days a week. During the weekdays the hours could be limited to a single eight-hour shift, for example 12 PM to 8 PM. During the weekend and holidays, the hour should be extended to include the mornings. The payroll estimates included in the financial feasibility reports (Exhibit IX) account for seven paid employees. The employees would consist of a gatekeeper, ranger, and a supervisor each working a 40-hour shift with overlay on the heaviest days.

FINANCIAL ANALYSIS

FEES

The Steering Committee with the help of Chris Reed established conservative estimates for membership in the proposed OHV Park. As proposed, the Airport OHV Park would require annual memberships for entrance into the Park.

The annual membership fee for St. Lucie County residents would be $50, and $60 for non St. Lucie County members. In addition to the annual membership required per OHV, the Steering Committee proposed that there be a daily parking fee for each vehicle entering the OHV parking lot. Additionally, the Steering Committee proposed special events that would generate additional revenues.

The OHV Financial Feasibility Plan is included in Exhibit IX. As depicted in the Plan, the proposed revenue generation for the first year is $922,100. After deducting payroll of $319,238 and fair market value rental for the property of $593,240, there is a first-year profit of approximately $2,100.

The fair market value was determined using the appraisal prepared May 17, 2004 for Fairwinds Golf Course. The appraisal determined a fair rental value of $345,000 annually for 228.78 acres of property or $1,508 per acre. The OHV riding area is projected to encompass approximately 393.4 acres multiplied by $1,508 per acre equals $593,240 per year fair rental value for use of the Airport property.

As indicated in page 3 of the Financial Feasibility Plan, the accumulative profit through the 10th year of operation is approximately $950,000. While this is a significant amount of excess profit, the Steering Committee’s expectations are that this amount of money would be inadequate to purchase 1000 acres in the future.

INFRASTRUCTURE

At the August 11, 2004 Steering Committee Meeting, for Committee discussed the minimum required infrastructure necessary to open this facility.

The following is a list of items that will be donated:

|Item |Cost |

|Ticket Facility |Donated |

|Restrooms (temporary) |Donated |

|Fencing |Donated |

|Landscaping |Donated |

|ATVs for Rangers |Donated |

|Parking Area |Unimproved |

|Trails Construction |Volunteers |

The following is a list of items that can be made available from surplus St. Lucie County equipment. As a result, the equipment listed in the following table is not reflected in the Financials in Exhibit IX.

|Item |One Time Cost |

|Pick-up truck (4 x 4) |Used $5,000 |

|Trail grooming |Used $10,000 |

|equipment (box blade) | |

|Office Equipment |Used $5,000 |

|Copier, computer, fax | |

The following are items that must be budgeted on an annual basis and are therefore included in the Financials presented in Exhibit IX.

|Items |Annual Costs |

|Office Supplies |$600 |

|Communications |$1,200 |

|Fuel |$1,200 |

|Misc |$4,500 |

|TOTAL |$7,500 |

GRANTS

There are a number of grant programs for outdoor recreation that are potential sources of funds for an OHV Park. The Recreation Trails Program (RTP) is a federally funded competitive grant program that provides financial assistance to agencies such as counties that are approved by the State for the development of recreational trails and facilities. Currently, the maximum grant amount is $250,000 for motorized projects. It is a matching grant program that can be used for development of the OHV Park.

With the passage of the T. Mark Schmidt Off-highway Vehicles Safety and Recreation Act (Chapter 261, Florida Statutes), the Legislature declared that effectively managed areas and adequate facilities for the use of OHV's are compatible with Florida's overall recreation plan and the underlying goal of multiple use. This Act provides funds to create, operate, managed, or improve OHV recreation areas or trails within the State. The primary source for these designated OHV funds will come from fees paid to the Department of Highway Safety and Motor Vehicles for the titling of off-highway vehicles. The fund currently has over $1,400,000 in funds available for OHV development.

The Florida Recreation Development Assistance Program (FRDAP) is a competitive grant program that provides a funding source for acquisition or development of land for public outdoor recreation use or to construct or renovate recreational trails.

CONCLUSION

OPTIONS

On July 23rd, the Feasibility Plan Steering Committee held a meeting to make a recommendation regarding the operation of an OHV riding area in St. Lucie County. Because of the Airport’s requirement to receive fair market value for property leased, several options were presented.

OPTION 1:

OUTSIDE MANAGEMENT

The first option presented to the Steering Committee was for the Airport to lease a net 390 acres of property to an OHV Management Group that would make payments toward the annual lease requirements and escrow all profits into a fund to purchase 1000 acres of available property in the future. As depicted in the previous section, at the end of ten years there would be approximately $950,000 available for this land purchase. However, the Steering Committee felt that because of the inability of private companies access to insurance coverage for this type of activity, the Steering Committee quickly dismissed this Option.

OPTION 2: COUNTY

DEPARTMENT MANAGED

The second option that was presented to the Steering Committee was for the Airport to lease the property to another County Department. This option would insure that the Airport receive fair market rental value for the property used for the OHV riding area. Any funds generated in excess of the rental and payroll requirements to operate the OHV riding area, could be escrowed by the County Department and used as an initial payment for relocation of the OHV riding area to another area of St. Lucie County.

If the OHV riding area is operated by another County department and the revenues received from the members do not provide for excess revenues in an amount needed to purchase property elsewhere, then after the interim trial period, the OHV riding area will be closed.

If the fair market rental value and the payroll requirements are not generated by the fees, than the OHV riding area would probably be closed by the Airport.

This Option was discounted by the Steering Committee because of the risk of closure in the short term if the revenue estimates are not met. The Steering Committee felt that the Airport would have more flexibility to keep the OHV riding area open if the revenue estimates were not met.

OPTION 3: BOND ISSUANCE

The Steering Committee also discussed the possibility of a bond issuance for the express purpose of purchasing property specifically for an OHV riding area. The Steering Committee dismissed this idea as a very costly and burdensome process for the County to undertake to provide an OHV riding area.

OPTION 4: AIRPORT MANAGED OHV RIDING AREA

The Steering Committee recommended that the Airport own and operate the OHV riding area as a Recreation Division in the Aviation Department at St. Lucie County International Airport. This Option assumes that all revenues including any excess profit after expenses will accrue directly to the Airport.

This Option was preferred because the Steering Committee felt that the revenue estimates indicated in the Financial Feasibility Plan would not support the rapidly rising cost of available property and that finding 1000 acres of contiguous property 10 years in the future would be extremely difficult.

This Option was also preferred by the Steering Committee because it was assumed that the Airport would have the most flexibility with revenue generation. By operating the OHV riding area as a Recreation Division of the Aviation Department, the Airport will have the most flexibility to keep the OHV riding area open.

The Steering Committee also felt that because of the significant acreage owned by the Airport, the future development of industrial/commercial property could still exist. There is approximately 1000 acres of available property north of the proposed parallel runway. With 390 acres being proposed for the OHV riding area, an additional 500 to 600 acres is still available for future industrial/ commercial development.

It was agreed upon by the Steering Committee Members that if the revenue projections depicted in the OHV Financial Feasibility Plan were not met and that there were not profits to the Airport, then the OHV riding area should be closed.

FREQUENTLY ASKED

QUESTIONS

What types of vehicles will be allowed at this OHV Park?

The Steering Committee has recommended that only 2-wheeled motorbikes, 4-wheeled all-terrain vehicles (ATV), and non-motorized bicycles be allowed at this Park. No trucks or swamp buggies are being considered for this property.

Will sanctioned racing events occur at the OHV Park?

The Steering Committee has recommended that the OHV Park be designed for trail riding, scramble areas, and training venues only. No competitive events are being considered for this site.

Is the United States Environmental Protection Agency (EPA) considering banning OHV's?

According to EPA Regulatory Announcement (EPA 420-F-02-038 dated September 2002), the EPA has adopted emission standards for recreational vehicles, including off-highway motorcycles and ATVs. The new standards apply only to new ATVs produced in 2006 or later. Anything manufactured before that model year will not be affected. New emission standards for ATVs won't affect an ATV you own now or any ATVs you bought before 2006.

Are there too many liabilities associated with an OHV trail riding area?

The State Legislature has recognized that there are inherent risks associated with various recreational activities. The Legislature has recognized that equestrian related activities may result in injury, harm, or death to persons on or around horses. As a result, the State Legislature has granted legislative protection to those entities involved in equestrian activities. As a result, no participant shall have any claim for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equestrian activities. There is currently an effort in the legislative system to pass laws similar to equestrian laws that would limit the liability of agencies and managers of public OHV sites.

Why was a noise level of 96 DB selected as the criteria for allowing OHV's into the proposed OHV riding area?

Some of the other OHV riding areas in the State have adopted the 96 DB as the standard. The Steering Committee concurred with this standard, however as indicated by a member of the public if noise limits would be set at 94db the sound could be lessened. By reducing this recommended sound level by two decibels, actual sound heard is roughly two-thirds less (every three decibels increase sound vibrations is equal to about twice the sound level). By adhering to this level, the more invasive and obnoxious machines will be excluded from operation on this site. This will severely limit impacts to wildlife and local landowners. Most stock ATVs and dirt bikes will be able to pass a sound test provided their mufflers are well maintained.

How was a 1500 ft. radius from the bald eagles nest determined?

The required protection zones for a bald eagles nest are 750 ft. and 1500 ft. After consultation with this State, the Steering Committee agreed that the 1500 ft. buffer would provide adequate protection.

Will any of the agencies that regulate the Airport object to using this property for recreation use?

The proposed property is currently zoned light industrial and utility and is designated in the Airport Master Plan Update for future industrial development. The Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT) helped to purchase this aviation surplus property with the understanding that the property will be used to obtain fair market rental to financially assist with airport operations. The regulatory agencies insist that any use of the property generate fair market rental value. This requirement extends to the proposed Fairwinds Golf Course expansion, any proposed use by St. Lucie County Utilities, a proposed OHV trail riding area, or any commercial/ industrial development.

What about using the fair grounds as an OHV trail riding area?

According to the Parks Department, the County Fairgrounds consist of approximately 250 acres. Much of this property has been developed with buildings and infrastructure and would not accommodate OHV trail riding. Additionally, the Fairgrounds has been designed to accommodate equestrian activities. These activities are not compatible with OHV use.

What about using Bluefield Ranch as an OHV trail riding area?

According to Environmental Resources, the property was purchased with Environmentally Sensitive Lands (ESL) bond funds and with Florida Communities Trust funds. The Bluefield Ranch Property was purchased with preservation funding. These funds prohibit the use of OHV riding on the property.

Were any alternative sites investigated?

Staff contacted Hoyt C. Murphy Realtors to determine the availability of large tracts of property. They were able to locate nine tracts of property over 100 acres that were currently for sale. The prices ranged from $1.2 million for 201 acres to $16 million for 400 acres. Due to the acres required for this type of recreation and the financial resources needed for acquisition, this Feasibility Report focuses primarily on the Airport as the proposed OHV Trail Riding area. See Exhibit X for available property.

How will bicyclists and OHVs use the same property?

The BMX and mountain bikers will be segregated from the OHVs through signage and fencing. The bikers will use areas that are off limits to OHVs, specifically the eagle’s protection zone and the noise buffer areas.

Can additional conditions be placed on the use of the property?

Additional conditions can be placed on the use of this property. To satisfy the speculative nature of the proposed Airport use in the future, an additional condition may be granted that requires this Conditional Use Permit to be renewed at specified intervals. For example, this Conditional Use Permit may be granted for a period of five years and subject to review to continue as an OHV Park on Airport property.

Can infrastructure improvements be conditionally granted?

A one-year test period is necessary to determine the viability of the estimated ridership and financial feasibility of this plan. In that time the development of fixed infrastructure will be kept to a minimum to minimize costs associated with this project.

All fixed infrastructure development can begin in year two of operations using proceeds from the OHV Park’s revenues.

What if the OHV trail riding area does not meet the revenue estimates and cannot cover its expenses?

The Profit and Loss Statements should be reviewed annually and a determination as to the renewal of this OHV Park should be reviewed on an annual basis.

What if the OHV is extremely successful and exceeds the Feasibility Plans expectations, can the recommendations be changed?

If all revenue estimates are understated in the Feasibility Plan, and the OHV Park is extremely successful, including the generation of excess profits, then the Feasibility Plan should be revisited.

If the excess profits generated by the users of the OHV Park can support the debt service for another property, then the recommendations included in the Feasibility Plan should be adjusted.

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