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HomeMy WebLinkAboutMinutes 11-18-2004 St. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING November 18, 2004 rd Commission Chambers, 3 Floor, Roger Poitras Annex 6:00 p.m. MEMBERS PRESENT: Russell Akins, Charles Grande, Vice-Chairman, Bill Hearn, Pamela Hammer, Ed Lounds, John Knapp, Kathryn Hensley, and Carson McCurdy, Chairman. MEMBERS ABSENT: Stephanie Morgan, Ramon Trias with notice. OTHERS PRESENT: Mr. Ed Cox, Growth Management Director; Mr. Randy Stevenson, Assistant Growth Management Director; Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner III; Ms. Diana Waite, Planner III; Ms. Kathryn Mackenzie-Smith, Asst. Co. Attorney; Ms. Heather Young, Asst. Co. Attorney; Mr. Joe Cicio, Plans Examiner, Building Department; Ms. Faith Simpson, Administrative Secretary. CALL TO ORDER Chairman McCurdy called to order the meeting of the St. Lucie County Planning and Zoning Commission at 6:05 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS Chairman meeting. The Planning and Zoning Commission is an agency that makes recommendations to the Board of County Commissioners on land use matters. These recommendations are made after consideration of staff recommendation and information gathered at a public hearing, such as those we will hold tonight. The meeting will progress in the following manner: The Chairman will call each item. Staff will make a brief presentation on the facts of the request. The petitioner will explain his or her request to the Planning and Zoning Commission. Members of the public will be allowed to present information regarding the request. P & Z Meeting November18, 2004 Page 1 The public portion of the meeting will be closed and the Planning and Zoning Commission will discuss the request. Further public comment will not be accepted unless the Planning and Zoning Commission has specific questions. The Planning and Zoning Commission will vote on its recommendation after its discussion. For legal reasons, the motion may be chosen and read from a script provided by staff. Motions both for and against are provided to the Planning and Zoning Commission members. The recommendation is then forwarded to the St. Lucie County Board of County Commissioners for their consideration and vote, usually within the next month. Once again the Planning and Zoning Commission acts only in an advisory capacity for the St. Lucie County Board of County Commissioners. If you are not happy with the outcome of this hearing you will have the opportunity to speak at the public hearing in front of the St. Lucie County Board of County Commissioners. Mr. Kelly introduced Ed Cox, the new Growth Management Director. Mr. Knapp disclosed that Mr. Joe Miller was his friend and business associate for a number of years, but they were not presently doing any business together. P & Z Meeting November18, 2004 Page 2 AGENDA ITEM 1: Ordinance 04-034 Mobile Home Kathryn Mackenzie- that Ordinance 04-034 concerned mobile home placement and re-siting in applicable wind zones in Florida. The ordinance states that only mobile homes that were built after July, 1994 could be re-sited in St. Lucie County. The map she provided showed St. Lucie County in Wind Zone 2 and Martin County in Wind Zone 3. Sections A, B, C and D would increase the requirements of what the specifications were for placing a mobile home out on the Barrier Island. Ms. Hammer asked for clarification of the section number as the agenda and the front of the document they received said that it was Section 3.21.00. However, in the Ordinance on Page 3 it said 13.21.00. It was advertised as 3.21.00 she wanted to know if the process had to start over since it was incorrectly advertised. advertising. She further stated that the title should have been included in the advertisement and that the purpose of the advertising was to point someone to the correct section. She said that since it was a new section that was not being amended and the name of the section was more informative than the number particularly she was comfortable with them proceeding. Mr. Grande asked Ms. Mackenzie-re-siting Ms. Mackenzie-Smith responded that it meant that any mobile home that had already been tied down somewhere in the State of Florida and was moved it to another spot and tied down. If the mobile home was before 1994, the owner would not be able to re-site it. The problem the County had was that older mobile homes were being brought in. Mr. Hearn asked what the requirements were on Hutchinson Island. Ms. Mackenzie-Smith stated that Section D would apply where mobile homes installed within 1500 feet of the coastline would have to comply with the exposure D and the American Society of Civil Engineering 7-88 which were tougher specifications. This would mean that mobile homes that were built for Wind Zone 3 would be required, even though the County was in a Wind Zone 2. Mr. Joe Cicio, Plans Examiner, Building Department explained that exposure D in the Housing and Urban Development (HUD) terminology was the same as exposure C in the Florida Building Code, even though they were two separate manuals. Exposure D and C basically meant anything constructed within 1500 feet of flowing water, both the river and the ocean. He further stated that the inland portion was B Exposure with the Barrier Island as a C or D Exposure. Ms. Mackenzie-Smith stated that it would be 1500 feet from any coastline. Mr. Hearn requested that it be made clearer in the ordinance that it was from any coastline, not just the Atlantic Ocean coastline. Mr. Grande stated that how he understood it was that whatever mobile homes were there now brought in from the outside or moved from a site already here had to fit the code. Ms. Mackenzie-Smith confirmed this was correct. Chairman McCurdy opened the public portion of the hearing. Seeing no one, Chairman McCurdy closed the public portion of the hearing. Mr. Knapp asked if the map on the wind area code 2 and 3 was done before Francis and Jeanne came through St. Lucie County this year. Ms. Mackenzie-Smith answered that the map was established through HUD in Washington, DC. She stated that there was discussion to consider if St. Lucie County should remain a Wind Zone 2 or it would be more appropriate to be considered Wind Zone 3 after the recent hurricanes. P & Z Meeting November 18, 2004 Page 3 Mr. Lounds asked for a clarification of the difference between mobile homes and manufactured homes. Mr. Cicio responded that a mobile home was anything that was constructed in a manufacturing facility, whether it is a mobile home or a DCA modular home. DCA modular homes are governed under the Florida Building Code, mobile homes are governe considered manufactured homes. Mr. Lounds asked that a clarification be made in the ordinance to explain what qualified as a mobile home. Ms. Mackenzie-Smith responded that The Land Development Code had the definition of a mobile home listed. Ms. Young said that there was a definition in the definition section of the Land Development Code (LDC) for mobile homes which they would interpret, but they could make a reference to that chapter in the ordinance. Mr. Lounds stated that he was interested in making sure the manufactured homes that were brought in as modular were considered also, because they had the same typical type construction, the anchorage system was different between it and a stick built house. Chairman McCurdy asked if they passed the ordinance were there any legal ramifications as far as the taking from people that previously had the ability to do this and replace their storm Ms. Mackenzie-Smith said they could replace it with something later than 1994. Mr. Grande stated after considering the testimony presented during the public hearing, including Staff comments, I hereby move that the Local Planning Agency forward Draft ORD 04-034 to the St. Lucie County Board of County Commissioners with the recommendation of approval with a reference to the standard definition as required because it speaks to the safety of the citizens of St. Lucie County. Motion was seconded by Mr. Lounds. Upon a roll call vote the motion was approved (with a vote of 6-1 with Chairman McCurdy voting against). P & Z Meeting November 18, 2004 Page 4 AGENDA ITEM 2: Joseph Miller, Jonette Acres, PA-04-001 use designation change from RS (Residential Suburban 2 du/ac) to RU (Residential Urban 5 du/ac). The amendment includes 191-acres located approximately 1/4 mile west of Kings Highway, between I-95 and Angle Road. The character of the amendment area is mixed with commercial and industrial uses located to the east and residential uses to the west. total dwelling units. Approval of the proposed change to RU would allow up to 5 dwelling units per acre or 955 total dwelling units and limited commercial uses. The applicant has provided a conceptual site plan for a 606 unit development consisting of 366 multifamily dwelling units, 240 single-family lots, and a clubhouse. The density of the conceptual plan is 3.17 dwelling units per acre. The conceptual plan also includes preservation of a 40 acre citrus grove along Angle Road to buffer residential uses from future commercial and industrial uses on adjacent parcels fronting Kings Highway. The applicant has submitted a Traffic Impact Statement based upon a development scenario of 742 unit development consisting of 600 multi-family homes and 142 single-family lots. The submitted analysis shows that roadway links surrounding the site are projected to operate at acceptable levels of service with the proposed development. However, the traffic statement must - proposed future land use designation prior to the transmittal hearing. Staff expects the vehicle trips that would be generated from the proposed amendment will require improvementsto existing public roads, including Kings Highway. FPUA has indicated that wastewater service is not available to service the amendment lands at this time. Correspondence form the utility authority states that FPUA intends to serve the location and system enhancements are currently being considered to service the corridor. Future service will depend largely on the project timeline and willingness of the property owner to participate in any necessary improvements. Approval of the requested future land use change is a preliminary development order and as such does not reserve public facility capacity for the subject property. Prior to the issuance of any final development order a Certificate of Capacity must be obtained to ensure adequate facilities and capacities are available concurrent with development. In conclusion, based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds the proposed amendment is consistent with and furthers the State Comprehensive Plan and the Regional Policy Plan. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval and that the petition be transmitted to the Florida Department of Community Affairs for further review. Mr. Grande asked if the applicant was advised that he was requesting a land use change suggesting a Planned Unit Development (PUD) and not submitting his PUD simultaneously might cause extra hesitancy or scrutiny by the Planning and Zoning Commission. Ms. Waite responded that they had discussed past petitions that had been provided with PUDs and the applicant was informed that it would be required before final approval. The developer would be responsible for improvements which would maintain the level of service on Kings Highway, if they were going to propose a project such as a PUD that required those improvements to be made to maintain the level of service at that intersection and it would be part of the final development order. Ms. Hammer asked the Assistant County Attorney if they were to approve this change in future land use from RS to RU and approve the RU, which would give the land owner five units per acre, would they be able to take away that density without paying for it. P & Z Meeting November 18, 2004 Page 5 Ms. Young responded that they probably would; the only way that would occur was if the County would approve that. Ms. Hammer stated that she wanted the Planning and Zoning Commission to very seriously think about this before they voted. If they allowed the increase in density without a plan attached to it, which they usually look at and review and approve that plan as a PUD, they were opening up the door for the applicant to come in with five units per acre, 955 units, they would never get to see have any proposal about increased contribution to the schools. She could not support the increase in density without a plan to see or a plan where they were informed that they were buying density outside the urban service boundary to accommodate the increased density. Mr. Lounds stated that if the application was approved, the maximum density on the property was five units per acre; if the developer wanted to put townhouses and apartments and raise it, he could not raise the density without changing the future land use designation again and the Planning and Zoning Commission would see it. Mr. Akins said that he was not concerned with the residential density, but with the make up of the Kings Highway corridor. He was concerned that they were regressing from the intent the Planning and Zoning Commission had a couple of years ago and it never got really looked at in a comprehensive fashion. The applicant had provided a letter from Fort Pierce Utilities Authority (FPUA), which indicated that they were planning to extend the area that they would be able to provide service to. They had the capacity to provide service. Al Brodeur with Thomas Lucido and Associates made a presentation on behalf of the applicant, Joseph Miller . They would submit a PUD, they had provided a concept plan with the packet to give a general idea of what they were proposing; a PUD would be formally submitted and that would be before this Planning and Zoning Commission review. He stated that by submitting the land use amendment it gave them an opportunity to erns before they made the final design on the PUD. Mr. Hearn stated that the County needed to take a hard look at some mechanism to gain something from increased development rights. Chairman McCurdy opened the public portion of the hearing. Joseph Miller, the owner of the property said he wanted to rezone the property at the highest and best use so that they could move further out in the county. They had sewer and water. He had spoken to the utilities authorities, and was told that the lines needed to be expanded. The developer understood that and was willing to pay for it. He also understood that there maybe some additional cost on whatever it took to make Kings Highway safer; deceleration lane, etc., and he was also planning a proposal to formally pave Rock Road and improve the neighborhood. According to the plans that Lucido and Associates had it would be 3.17 units per acre. He felt that there should be something between two and five units. Mr. Brodeur stated that the next transmittal hearing would be in May for comprehensive plan use st amendments and the application deadline was February 1. If there was an opportunity to guidelines of only twice a year. They were just requesting a transmittal to the State so that Department of Community Affairs (DCA) could review it, they could see their comments and Postponement would make a six months difference and they had every intention of submitting the PUD. The PUD would be reviewed by staff while DCA was reviewing the proposed amendment, the PUD would catch up with the amendment, the Commission and this Planning and Zoning Commission would have an opportunity to review the PUD. Mr. Hearn stated that his hesitancy about approving the request was based on what historically had happened in the community. They had approved increased densities and he felt that a lot of the financial problems that the school system was in, and the community in general, as far as P & Z Meeting November 18, 2004 Page 6 public facilities and public funds was based on the fact that they had approved those heavier densities which required extensive public facilities to be provided; roads, schools, and parks. The more dense the property was, the more it cost the community. One of the parts of the t was presented tonight without some other guaranteed changes. e to the east and what was forming to the west. Ms. Hensley stated that they needed to look at the big picture. There was a need for a variety of housing offerings. Some economic development hopefully would be very near where this land is right now. There was some economy of scale by having the appropriate housing next, in very close proximity to where the jobs were going to be. When it came to the schools, they knew there would be growth, infill was much more convenient for schools than sprawl. They were working on some procedures. As this goes down the road, they would be getting closer and closer to having development pay for itself when it came to the infrastructure needs. Chairman McCurdy closed the public portion of the hearing. Mr. Lounds stated that after considering the testimony presented during the Public Hearing, including staff comments, I hereby move that the Local Planning Agency recommend that the St. Lucie County Board of County Commissioners transmit the application of Joseph Miller for Change In Future Land Use Designation from RS (Residential, Suburban) to RU (Residential, Urban) to the Florida Department of Community Affairs for review because I feel like it is a good step to fill in the infrastructure for the Urban Service Area, I feel like the type of development that Mr. Miller has presented to us will add residential area to the future research park, the need for filling job to the acre. Motion seconded by Mr. Knapp. Upon a roll call vote the motion passed (with a vote of 5-2 with Mr. Grande and Ms. Hammer voting against). P & Z Meeting November 18, 2004 Page 7 AGENDA ITEM 3: - Paparone Homes of Florida File #PA-04-002 Paparone Homes of Florida, Inc. is requesting a future land use designation change from RS (Residential, Suburban) to RU (Residential, Urban) for a 229 acre tract bordered by the Florida Turnpike on the southwestern and approximately 400 feet from I-95 to the northeast. The property is located north of Orange Avenue and i land use designation allows up to 2 dwelling units per acre or a total of 459 dwelling units. Approval of the proposed change to residential urban will allow up to 5 dwelling units per acre and limited commercial uses. The maximum number of residential units allowed under the proposed RU designation is 1,147 dwelling units, a potential increase of 688 dwelling units. The The general character of the amendment area is mixed with many of the historic rural uses transiting to urban uses. These changes include the recent approval of the Palm Breezes Club Planned Unit Development (PUD), an approved 646 unit single-family development on 151 acres to the south and a change in the future land use designation from RS to MXD-Medium to the east. Lands to the south are designated RU, the same as the proposed amendment. The MXD designated lands to the east will allow commercial, industrial and residential uses up to 9 dwelling units per acre. The applicant has submitted a Planned Unit Development application called Sunnyland Farms. The PUD proposes 688 single-family units on the 299 acre tract. The amendment lands currently consist of pasture lands containing large clusters of native pine flatwoods and wetlands scattered throughout the site. The Sunnyland Farms PUD proposed to maintain 88% (17.71 acres) of the 19.98 acres of wetlands on-site and 24.5% (22.21 acres) of the 90.61 acres of native upland habitat on site as preserve areas. The Environmental Resource Department has recommended that a minimum of 25% of the existing native upland habitat be preserved and designed to facilitate a wildlife corridor, incorporating the wetlands in the western portion of the property. The Environmental Resource Division has also requested a minimum 300 foot buffer be provided around the westernmost wetland that supports an active Sandhill Crane nest. Recreational amenities in this area could include nature trails and observation decks that will benefit the entire project. A Conservation easement and Preserve Area Management Plan will be required for any preserve area. Staff believes that residential development at densities between the existing RS Future Land Use Designation of two dwelling units per acre and the proposed RU of up to 5 dwelling units per acre can occur while minimizing impacts and ensuring the natural resources are protected if the developable areas are clustered to the 115 acres of pasture lands. Staff does have some concerns related to the parcels access roads and the potential impacts to the -of-way Protection Map in the Transportation Element identifies the connection of Rock Road to Angle Road, via FFA Road. The applicant has proposed a gated community with access from Orange Avenue via a newly constructed roadway in the Emerson Avenue right-of-way or through the Palm Breezes Club PUD site. This would eliminate the proposed future roadway connection. The applicant has Land Development Code requires any applicant for a development order for property abutting a roadway designated on the Thoroughfare Network Right-of-way Protection Plan shall dedicate -of-way deficiency identified in the Plan for the proposed development. Based on an analysis of the traffic impacts of 5 dwelling units per acre the proposal would reduce the level of service on Kings Highway and Orange Avenue. The impacts to the transportation network based on 3 dwelling units per acre are still being evaluated. Prior to any final development order approval, all improvements needed to provide access to the site and to concurrent with the impact of development. Improvements will include the paving of the Highway, and adding lanes on Orange Avenue west of Kings Highway. The applicant has P & Z Meeting November 18, 2004 Page 8 indicated a willingness to provide the required improvements to address impacts of the proposed PUD. In conclusion, the proposed amendment was to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan and does not conflict with the State Comprehensive Plan and the Regional Policy Plan. The proposed future land use amendment is a Preliminary Development Order and as such does not grant any particular right to development the subject lands. Based on the hierarchy of FLU designations a party desiring to develop at 3 dwelling units per acre is required to seek a designation of RU or higher. Staff finds that development between 2 dwelling units per acre under the current future land use designation and 5 dwelling units per acre under the proposed designation is appropriate for the amendment site and would result in a logical development pattern. Staff recommends that the Local Planning Agency approve the proposed amendment and recommend the St. Lucie County Board of County Commissioners transmit the amendment to the Florida Department of Community Affairs for further review. Mr. Lounds asked staff in the development of the property what was the conversation with regards to expanding that road and the workings on Rock Road to get to Orange Avenue. Ms. Waite stated that the PUD was not proposing to use Rock Road as their entrance point, it would use Emerson Avenue or a new roadway that would be built through the Palm Breezes PUD. Both roads would have to be built. Bob Rains, attorney with the Law Firm of Gunster, Yoakley located at 800 SE Monterey Commons, in Stuart represented the applicant. They had received and reviewed the staff report applicant was consistent with the goals and objectives and policy set forth in the comprehensive plan. The development under the proposed land use designation was appropriate and would result in a logical development pattern for the County. The property was within the Urban Service Boundary. It was also located between the Florida Turnpike and I-95, which they believed was a logical place for that kind of density. They had a PUD application submitted, and it would account for three units per acre. Mr. Greg Boggs, Director, Thomas Lucido and Associates, located at 100 Avenue A, Fort Pierce they would improve Emerson Avenue to their project entry. They had a valid existing right-of- way that they had been working on with staff, Engineering Department and there was a 50 foot right-of-way that would be improved with a curb and gutter section to their front door in the PUD. Per the PUD they had an emergency exit and it was FFA Road to the northwest property corner. But the primary entrance would be due north from Orange Avenue up the new improved Emerson Avenue. Mr. Hearn stated that the calculations of the recreation area and so forth were what were required in the comprehensive plan, maybe they needed to change the comprehensive plan. He agreed with Ms. Hammer that seemed low, unless they wanted folks out on the roads driving to other areas for recreation. They needed to do something now to provide for the additional density that the developers wanted, if the County does not want to grow like Dade County, Broward County, Ms. Hensley recommended to staff that before anything came forward as a PUD or some type of development that they made sure they had a checklist from the School District, Fire Planning and Zoning Commission now in Statute had actually taken place and then a signature to verify they had been might be productive and might save some time. P & Z Meeting November 18, 2004 Page 9 Mr. Kelly said they were working on getting all the outside agencies involved, including the Water Control District signoff. Chairman McCurdy opened the public portion of the hearing. Seeing no one, Chairman McCurdy closed the public portion of the hearing. Mr. Lounds asked what the units would cost, what kind of price range were they looking at. Mr. Rains responded approximately $225K and up. Mr. Hearn stated that there were thousands of acres of wetlands and other unusable pieces of land in St. Lucie County that had transfers that could be used within the Urban Service Boundary. He would never want to see density transfers limited to outside the Urban Service Boundary. Mr. Knapp stated that after considering the testimony presented during the Public Hearing, including staff comments, I hereby move that the Local Planning Agency recommend that the St. Lucie Board of County Commissioners transmit the application of Paparone Homes of Florida for a Change In Future Land Use Designation from RS (Residential, Suburban) to RU (Residential, Urban) to the Florida Department of Community Affairs because I think it makes sense in the planning between the I-95 and Florida Turnpike corridors that we allow the higher five units per acre density. Motion seconded by Mr. Lounds, for discussion. He added that the grief he had with the regarding transportation in and out of the project and how it impacted Orange Avenue. Chairman McCurdy echoed he felt the 50 foot access was going to potentially be a problem. Mr. Knapp felt the same and requested they possibly tie it in with the community to the south of that PUD. Upon a roll call vote the motion passed (with a vote of 5-2 with Ms. Hammer and Mr. Grande voting against. P & Z Meeting November 18, 2004 Page 10 AGENDA ITEM 4: Barbara Guettler Debus & St. Lucie County BOCC File #PA-04- 009 s comments as follows: TheSt. Lucie County Planning and Zoning Commission of County Commissioners and Barbara Guettler Debus are requesting a change in the future land use designation for a 122 acre site located between US Highway 1 and the Indian River Lagoon in northern St. Lucie County. The purpose of the amendment is to provide a designation that recognizes the public conservation status of 117.65 acres and to allow an adjacent 3.95 historic home site to continue to be utilized as a single family home site in a conforming manner. The majority of the amendment lands were purchase by St. Lucie County through the Florida Communities Trust Program for conservation and recreational purposes. A privately owned single family home site, adjacent to public lands, is also included in this amendment to change its COM Future Land Use Designation back to its pre 1991 residential designation. The single family home site contains a historic home with 84 years of family history. The change from COM to RS on the 3.95 acre site adjacent to County conservation lands will reduce development pressures along the Atlantic Coastal Ridge while allowing a historic homestead to continue. The proposed RS designation will reduce potential impacts to public lands from adjacent uses. The CPUB designation recognizes the public conservation and recreation status of the lands, and and values. In addition, the proposed amendment improves the recreational level of service and Staff has found the proposed land use change to be consistent with and further the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan and to further the State Comprehensive Plan and the Regional Policy Plan. The proposed Future Land Use Designation would recognize the public conservation purpose of the public lands and allow an adjacent historic structure to continue its historic residential use. Staff recommends that the Commission consider transmittal of this amendment to the Florida Department of Community Affairs. Mr. Hearn asked if the RS (Residential, Suburban) land use designation was in fact changed to RC (Residential, Conservation) would that house not be conforming under that future land use. Staff responded that iit was three and one-quarter acres. Chairman McCurdy opened the public portion of the hearing. Barbara Guettler-Debus and her son Max Debus were present. She stated that they lived on the property. The property had been in her family since 1920. lived there for six years since her ed it to make it conforming; it was a two bedroom, one bath house on almost four acres, in case they wanted to add on a pool or it burned down, they could rebuild. Mr. Kelly stated on behalf of the St. Lucie County Board of County Commissioners, the balance of the property was property that the County bought for conservation purposes and they would like to move it into that land use and zoning category. Seeing no one else, Chairman McCurdy closed the Public Hearing. Mr. Grande stated that after considering the testimony presented during the Public Hearing, including staff comments, I hereby move that the Local Planning Agency recommend that the St. Lucie County Board of County Commissioners transmit the application of St. Lucie County Board of County Commissioners and Barbara Guettler- Debus for a Change In Future Land Use Designation from Commercial, Residential, Suburban and Residential, Conservation to Conservation, Public and Residential, P & Z Meeting November 18, 2004 Page 11 Suburban to the Florida Department of Community Affairs because it straightens out some inconsistencies in the current comprehensive plan and will improve the overall plan. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed unanimously (with a vote of 6-0). P & Z Meeting November 18, 2004 Page 12 AGENDA ITEM 5: Becker Holding Corporation 10 Mile Estates File #PUD-04- 004/RZ-04-005 Becker Holding , Corporationfor a Change in Zoning from the AR-1 (Agricultural, Residential 1 du/acre) Zoning District to the PUD (Planned Unit Development Ten Mile Estates) Zoning District for 73.32 acres of property located at the Northwest corner of the intersection of Selvitz Road and Ralls Road. The surrounding zoning is AR-1 (Agricultural, Residential 1 du/acre) to the north, south, east, and west. The applicant is proposing a residential development of 132 Single-Family Lots with a density of 1.8 units an acre. This project maintains 64.5% (47.35 acres) of the project area in total common open space. Lakes contain 4.11 acres, recreational area of 1.20 acres, access easements of 1.45 acres, and 40.59 acres of restoration/conservation area along Ten Mile Creek. The remainder of the project (25.97) consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). The previous version of the project had some lots located within the 100-year floodplain, which have been removed in the resubmitted plan. The recreation area, however, is still located in the floodplain. The applicant submitted an application to change the future and use designation for the property in 2003. After several public hearings and review by the Florida Department of Community Affairs, the Future Land Use classification was revised from RS (Residential Suburban) to R/C (Residential/Conservation) for lands inside the 100-year floodplain and from RS (Residential Suburban) to RU (Residential Urban) for lands outside the 100-year floodplain Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan are compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the St. Lucie County Board of County Commissioners with a recommendation of approval. Conditions may be forwarded to the St. Lucie County Board of County Commissioners for their consideration as a part of final approval. Mr. Knapp stated that there anything in there about any improvements to the roads, such as the intersection of Edwards and Selvitz Road. There was no recommendation there that the developer had to widen the road there at all; traffic was backed up to Ralls Road from Edwards Road all the time presently and that was a very narrow road for an additional 130 something units. Al Brodeur of Thomas Lucido and Associates, 100 Avenue A, Fort Pierce, represented Becker Holdings. He gave a brief history of the project. There were approximately 35 units in the 100- year floodplain, there was a 100-year flood during the process, so at the Planning and Zoning Commissionthey reduced those units. The 100-year floodplain travels all along 10 Mile. The unit count had been dropped from 167 proposed units to 132 with a total density of 1.8 dwelling units per acre. A traffic impact report was submitted with the project and they were d be a bus stop and a turn around, possibly a gate, it hadould be a gated community or not. There would be another emergency access point at the end of Ralls Road near that cul-de-sac, that was actually not a right-of-way, that was an access easement for the borrow pit, it would be stabilized for fire and emergency access in the future. Mr. Grande thanked the applicant for having gone back and taken the direction of the Planning and Zoning Commission and applied it to this new design. Ms. Hammer also thanked them for moving the units out of the floodplain. Mr. Grande stated that he thought they were going to reconnect the Oxbow to take advantage of the benefit of having it. P & Z Meeting November 18, 2004 Page 13 Mr. Brodeur When it was originally proposed as multi-family it was economically feasible to reconnect the Oxbow, even though they had RU land use on the upland portion, they were still only permitted to 1.8 units per acre which was under the original RS that was permitted and it was no longer economically feasible to construct the project and pay for the correction and restoration of the Oxbow. They were working with County staff and County staff was working for certain grants that may do that in the future. The residential conservation land use that was a part of the project would ensure that it was not developed in the future. Mr. Hearn asked if there were any guarantees that there would be no cost to the taxpayer for the land required to reconnect the Oxbow. Mr. Brodeur stated that he couldhe assured them that when Becker Holdings had donated 60% of their property to the public at no cost, that was definitely a benefit to the taxpayer. Mr. Hearn asked if the applicant donate the land necessary to reconnect the Oxbow. Mr. Brodeur responded yes. Mr. Lounds asked about the value of the units, there were 2,800 square foot dwellings on a 5,200 square foot lot. Mr. Brodeur said under the current housing cost, the current market would be starting at about $220K to $250K. He stated that according to regulations, even though they were adjacent to the floodplain, they could not directly discharge into the floodplain, it must be attenuated in retention ponds before it was discharged. Mr. Knapp asked who was going to be responsible for the maintenance of the property. Mr. Brodeur answered that Becker Holdings would be at this time. If Becker Holdings donated it, which they did not object to donating that area along the Oxbow lake to some public entity that wanted to restore the natural flow of the lake, then it would be the responsibility of the public to maintain it. Mr. Lounds questioned if once the property was built out would it be turned over to a . Mr. Brodeur said that at this time all of the areas that were within the property lines that were not within a certain lot, they would was ame to selling the lots to keep that area as an overgrown grassland with dead orange trees in it, so it would be maintained. They just would not at this time finance the restoration of the Oxbow lake. But if a future party wished to do so, they would not object to that. Mr. Lounds then asked who would maintain the two lakes five years from now. Mr. Brodeur responded that the two lakes were providing retention for the lots so they would have to be maintained properly. Mr. Lounds voiced his concern about putting a development in the back door of a heavy industrial area. He hoped that five years from now they did County Commission complaining that the fertilizer plant was making too much noise, too much dust, they could smell the chemicals from the chemical plant and please close down the concrete They were there first. Mr. Brodeur said it was a difficult issue to address. He stated that there was another piece south of Ralls Road that was presently undeveloped that provided an adequate buffer between the property and the industrial pieces. Mr. Hearn asked staff if they or any department of the County heard any amount of complaints from the residents nearby regarding the fertilizer plant or rock plant or that kind of stuff. P & Z Meeting November 18, 2004 Page 14 Mr. Kelly replied that he was stepping away from his planning position. He lived in the area and that there was some noise from the fertilizer plants some time in the evening, there was a smell of cooking oranges occasionally from Tropicana. There was a time when they were evacuated because the fertilizer plant was on fire. He found it a great place to live. He had been there 14 years. Chairman McCurdy opened the public portion of the hearing. James Pulliam who lived at 3311 Selvitz Road thanked the developer for changing the densities on the property. He stated that it was in the paper 10 days ago saying that the City of Fort Pierce was going to annex the property and wanted to know at what point could they start annexation, was it before or after the project was complete. Mr. Kelly responded that they could annex at either time, before or after. typically done during, because it created havoc. A vacant parcel could be annexed prior to development; a completed project could be annexed subsequent to its development. Seeing no one else, Chairman McCurdy closed the public portion of the hearing. Mr. Grande stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Becker Holdings Corporation for a Change in Zoning from the AR-1 (Agricultural, Residential 1 du/acre) Zoning District to the PUD (Planned Unit Development) Zoning District because I think this is a difficult and I would add the condition that as a condition of being allowed to implement the plan the developer be ordered to reconnect the Oxbow and put it in a working self-maintaining status. Motion seconded by Mr. Lounds. He added that one of the conditions they had talked about was perpetual maintenance of the two lakes that we association and wanted it added to the motion. Mr. Grande had no objection to that condition being added. Upon a roll call vote the motion passed unanimously (with a vote of 7-0). P & Z Meeting November 18, 2004 Page 15 AGENDA ITEM 6: File No. PUD-04- 016/RZ-04-015 The applicant, United Homes International, is proposing a residential development totaling 755 dwelling units. Single-family lots comprise 318 units, single-story villas comprise 292 units, and two-story townhouses comprise 145 units. The proposed planned development maintains 36.35% (53.50 acres) of the project area in total open space 31.62 in landscape area/open space/recreation space and 21.88 acres in lakes. The remainder of the project consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). As a part of the proposed project, the applicant is proposing the abandonment of Swain Road. This action is in conjunction with a proposed application for the abandonment for the White Way Dairy Road right-of-way. At the writing of this report, this application had not been submitted. If these rights-of-way are approved for abandonment, six properties along Swain Road would then have no access to county road right-of-way and would, therefore, be rendered non- conforming lots of record. The applicant proposes to provide access for these property owners through their project and to improve Swain Road through the construction of a curb and gutter section of roadway. Staff would recommend that Swain Road not be approved for abandonment, even if White Way Dairy Road is approved, in order to allow these 6 lots to continue to have positive, legal access. Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan are compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Planning and Zoning Commission of County Commissioners with a recommendation of approval. Conditions may be forwarded to the Planning and Zoning Commission of County Commissioners for their consideration as a part of final approval. Mr. Grande recalled an application going by in very recent weeks possibly using White Way Dairy Road as a southern walking exit to get from the developed portion to a park portion that they were considering donating to the County and that property was immediately to the east of this, he would assume that if there was an abandonment of that right-of-way, would that also affect the right-of-way for that same road to the east. Mr. Kelly said that the project was called Bent Creek. On Monday night the County Commission continued consideration of Bent Creek for 60 days in order to explore connection of Peterson Road. Staff had also talked to this developer and let him know that there was concern for an overall grid pattern within the area. The developer was proposing to provide the right-of-way for Peterson Road essentially to his property, but to allow it to continue to what would have been a park. This developer was proposing to abandon the roadway and the Commission really was interested in keeping Peterson all the way through. Staff would be working with all of them to try to look at the overall connections in the area. Mr. Grande echoed the County in the area and he believed that would translate logically to a recommendation that neither Peterson nor White Way Dairy be abandoned. Mr. Hearn asked staff about the 1.67 credits at the Bluefield Ranch Mitigation Bank; what was the size of those credits, if there was a size to them? The other part of that question was what do these credits cost? Mr. Kelly responded that those were questions that would be more appropriate to the Environmental Resource Division and they were not present. Mr. Hearn asked staff to get that information available for the Planning & Zoning Commission at the next meeting. He also wanted to know the cost of the amount of tree removal that was going to have to be done there. P & Z Meeting November 18, 2004 Page 16 Ms. Young responded that she could answer a portion of the question just to give a little bit of of division. It that were taking place and the permitting agency whether it would be the Department of Environmental Protection (DEP) or South Florida, whoever was involved with the credit allocation determined how many credits based on the amount of enhancement to the site from a was how many credits were going to be assessed based on the enhancement of the allowable credits in the bank. Those were usually determined based on fair market. Bob Rains, Attorney with the Law Firm of Gunster, Yoakley in Stuart represented the applicant. He distributed a brochure and renderings (Exhibit B). They had received and reviewed the staff report and were pleased to state that they agreed with the conclusions and recommendations in the staff report. They were doing a PUD because they needed to cluster the units which would be a benefit to them. There were a number of benefits that were being provided to St. Lucie County in return for the ability to cluster the units. The first one was a mutual benefit because the clustering was going to allow the developer to cluster the units away from the environmentally sensitive areas. Another benefit would be provided through the PUD was the applicant was donating 20 feet along the western boundary of its property for the future widening of Jenkins Road. Also, in respect to Jenkins Road the applicant was going to be sizing its lakes to accommodate the runoff and provide water quality treatment for the future widening of the east half of Jenkins Road which would prevent the County from having to purchase property to accommodate that runoff and treatment at a later date. The applicant had also agreed to donate 45 feet along its northern boundary for the future widening of Peterson Road. They were also going to be creating some water management tracts, the applicant had agreed to create a 250 feet water management area for the Five Mile Creek area. Unlike the straight zoning where they didnd created 20- 25 feet varying perimeter buffers around the property that would include berms, fencing and landscaping that would not be required under the straight zoning category. They wouldbe providing open space requirement that again would not be required under the straight zoning. Due to the fact that they could cluster the development they would be able to provide some workforce housing. The single-storey villas would be going for around $150K, the town homes would be going from $170-$180K, these again were obviously just estimates at this time, but this was to give the Planning and Zoning Commission some idea, and the single-family dwellings would probably range somewhere from $200-$275K. In the staff report it stated that they were proposing to abandon Swain, it was his understanding that they were not proposing to abandon Swain and wanted to clarify that for the record. They met with approximately 20 residents out of the 50 certified notices using the mailings that the County used to provide notices to the meeting this past Tuesday night to find out about the project and express their concerns. They had agreed based on the comments they heard at the meeting regarding the northern boundary of the property to build a berm along that northern boundary and to try to plant some plantings on top of that berm to help buffer, as an addition to the buffers, they were going to provide, but that was a request and they wanted to try to accommodate the neighbors. They would continue to meet with the neighbors throughout the process. Mr. Greg Boggs with Lucido and Associates went over the renditions in the packet they had distributed. At this point it was not a gated community. There were 33 trees on the property and they would preserve 23. They would be back planting probably thousands of trees afterthe landscape was finished. They would be improving Swain, paving, curbing, and guttering. The project was loaded accessed off of Jenkins. They never thought of using White Way Dairy as their front door. Mr. John Donahue with LBFH, 2222 Colonial Road, stated that they had already designed the lakes to take into account the drainage and water quality treatment for the frontage of the property on Jenkins Road for the future widening. Mr. Lounds stated that what they brought to the table compared to what the Planning & Zoning Commission saw a month ago from the folks north of it, it seemed as if the developer had put a lot more planning and thought into the project; the fact that they were going to allow the County P & Z Meeting November 18, 2004 Page 17 to use or the State Road Department or whoever, some of their lakes for retention area on Jenkins Road and some of the other considerations were rewarding. th Silvio Cardoso, President, United Homes, 7975 NW 154 Street, Miami Lakes, Florida, stated that they had met with Mr. Trias and a lot of things on the plan were recommendations from him. Tony Maharris, Principal of United Homes stated they had not talked to Lennar Homes their next door neighbor. Their project was independent and stood by itself. They would be pleased to talk if there was a commonality that could help, they would be open to any conversation with them. Ms. Hammer requested staff to have the reports broken down by service, such as school district, fire district, traffic, etc. She also asked if the lakes would be maintained by the homeowners association. Mr. Maharris responded that all their projects had ook care of everything on site. Chairman McCurdy opened the public portion of the hearing. Connie Mishoe and husband Monty Mishoe, of 1401 Swain Road stated they owned the property that was approximately 10 acres with a communications tower on it. They had a concern, so they were not in agreement to everything that was proposed. White Way Dairy Road closed as they owned the tower property and had two tractors and some equipment on there and if they had to go through the residential area, it would create quite a potential problem. Mr. Hearn asked the applicant if they would be comfortable with White Way Dairy not being abandoned. Mr. Cardoso stated that whatever the wish was of this Planning and Zoning Commission and the County Commissioners was fine with them. If White Way Dairy Road was abandoned, there was an access from their site. John Odom who resides at 1611 S Jenkins Road stated he had gone to the meeting and was impressed with what they had. He had a couple concerns. I wondered if they could eliminate their south entrance. He owned approximately 40% of the land across from their development on Jenkins Road, four parcels and soon to have a fifth one. He would lose quite a bit of land when the County, State or whoever was going to take the land, about 20 feet to widen the road to agreed that they needed two entrances, he , that was putting a lot of traffic on Jenkins Road. Bryan Tolson who resides at 1705 Swain Road stated he lived in one of the three houses in the middle of the development. The 30 acre park was once his cow pasture up to three years ago. He had a 25 foot buffer around his home and it was landscaped very nice, the developer agreed to put up a wall around his property to kind of isolate him going on. It would also be a nice hurricane barrier. On the preliminary drawings he saw the other night, they had this wall exactly on the property line, so he would have an 11 foot wall right down beside his he would be in a big box. He was asking the developer, if they could move that wall back just a little bit, and put some of the shrubs on his side instead of everything on the other side. He also stated that the developer had agreed to hook up the three houses with underground utilities at their expense since they would take out the overhead powerlines which would put them in the situation of having underground utilities also. Mr. Cardoso responded that they would. Pat Langel stated he lived at 990 S Jenkins Road which placed him in the upper left hand corner of the property. He attended the meeting with the developer and had some concerns about the buffer, and saw they addressed it as far as the berm. His question was what size berm. He was also concerned about the traffic problem with the increased density. P & Z Meeting November 18, 2004 Page 18 Mr. Cardoso responded that they had a 25 foot landscaping buffer, whatever that allowed themto go up as high as berm and it met the codes of the County, they would put it as high as they could. John Langel who has lived at 820 S Jenkins Road 45 years and was on the north perimeter and adjacent to the development also echoed his concern about the increased traffic. He wanted to know if they could delay the start of the project until Jenkins Road was made into a four lane road. Seeing no one else, Chairman McCurdy closed the public portion of the hearing. Mr. Hearn asked the developer a hypothetical question, if the County were to require a lump sum donation in order to approve this project, did he feel that the real estate prices that they were charging could stand an additional $6K per unit added to it without him losing a lot of sleep over it or a lot of customers. Mr. Maharris responded that it would be extremely difficult to put that additional burden on some of the homeowners. They were trying to build affordable housing or workforce housing. They had been trying to do that for many years and it had been very difficult. Currently the impact fees that they were paying for their projects in other areas, including this area were substantial and that burden had also been put on the homeowners. Mr. Hearn appreciated what was said, but wanted them to understand his position. The development was going to have an impact both financially and to the public facilities, the roads and so forth. As Planning and Zoning Commission members they had to try to address those concerns and if the developer charged an additional $6K dollars, they would have a $4.5M donation to the County that would go a long way to helping with the improvement of the facilities that their development was going to have an impact on. Mr. Grande requested to get the projected traffic from the development in the packet. K. Hart Pinder with Pinder Troutman Consulting at West Palm Beach stated they had conducted a traffic analysis and Scott Herring had reviewed it and approved it. As far as Jenkins Road was concerned, they looked at the traffic both north and south of the proposed driveways, the latest data from the County showed it about 5,200 trips per day on Jenkins Road. The project north of the entrance land about 2,200 a day and south about 3,300 so the total in the south would be about 8500 trips a day when the project was entirely built out. The existing capacity was 8600. Based on the current standards that the County had adopted and the projections of traffic, it would be below the adopted level of service standard at the build out of the project. Mr. Kelly system was that simply the guy that broke it, fixed it. Mr. Lounds questioned Mr. Boggs if they abandoned White Way Dairy Road, where would be their back entrance or emergency entrance to the property. Mr. Boggs responded that it would be off of Peterson. Mr. Lounds - After considering the testimony presented during the public hearing, Lucie County Land Development Code I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners do Change in Zoning from the RS-3 (Residential, Single-Family 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development) Zoning District as presented to us. I think that the development is well planned and also in the motion I make considerations that the developers join with the other developers and consider the road issues of Swain Road to Orange Avenue and the like there is enough roadway considerations for this and also it would resolve the issue of White Way Dairy Road. Motion seconded by Mr. Akins. Upon a roll call vote the motion passed (with a vote of 6-1 with Mr. Hearn voting against). P & Z Meeting November 18, 2004 Page 19 Mr. Grande commented that this is a little tough because this is one case where I really would have liked to have had direct input from Ramon as a member of the panel. Ms. Hammer wanted her comments included that I think that for a gift of 184 more units, leave it up to the County Commission to determine what that benefit will be. Mr. Hearn voted against going to override the impact that it is going to have on the community. P & Z Meeting November 18, 2004 Page 20 AGENDA ITEM 7: Christian Fellowship Alive Ministries, Inc. File No. RZ-04-033 The petitioner, Christian Fellowship Alive Ministries, Inc., has requested this change in zoning from the RF (Religious Facilities) Zoning District to the RS-3 (Residential, Single-Family 3 du/acre) Zoning District on property located on the southeast corner of the intersection of Edwards Road and Selvitz Road in order to allow for the development of the property for a single- family residential subdivision. On September 3, 2002, the Planning and Zoning Commission of County Commissioners granted approval to the request of Church of the Redeemer to change the zoning of the subject property from RS-3 (Residential, Single-Family 3 du/acre) to RF (Religious Facilities) to allow the property to be used for religious facilities uses. The applicants would like to change the zoning back to RS-3. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the Land Development Code and is not in conflict with the goals, objectives, and policies of the Comprehensive Plan. Staff is, therefore, recommending that this Board forward a recommendation of approval to the Board of County Commissioners. Mr. Hearn asked if with a straight rezoning like this was, the applicant was not required to tell them what they were going to do on the property. Mr. Stevenson responded that was correct, this was a by-right zoning, so they were not required to come in with a plan. Chairman McCurdy remembered this property being presented before, that it was a heavily treed property on the southeast corner, he believed there was also some Indian mounds found on there. Mr. Kelly responded that he was going to step away from this one, because this was directly in his neighborhood. He provided some background on it. The property was looked at by the archaeological folks, they studied the site at some length and found nothing there. They determined that in all likelihood the artifacts were east and south of here slightly, but nothing was found on this site. John Honea, the applicant who resides at 3976 Oak Hammock Lane stated that they were requesting a return to the zoning that they had less than two years ago. It was their intention to build less than the RS-3 density to make nice estates sized lots. The impact on the tax rolls right now was zero with the RF 501 designation. They had several meetings with Mr. Boggsand would retain them to do the planning. Mr. Grande asked him what was his relationship with Christian Fellowship Alive Ministries. Mr. Honea responded that they were the owner. He and his partner, Mr. Toole were in contract with them to purchase the property. Chairman McCurdy opened the public portion of the hearing. Jerry Arline who resides at 3900 Oak Hammock Lane for approximately four and one-half years stated he was on the southeast section of the land and the north part of his property borders it. He opposed it. He had moved there because it was a great, quiet place and wanted to keep it that way. During the recent Hurricanes Frances and Jeanne the trees on the property provided a wind barrier. The industrial area down the south, even though he heard it all the time, hear his neighbors. . Connie Strawn stated she lived at 3976 Oak Hammock Lane and the last house in the subdivision on the water. She stated that when she saw the property went up for sale she contacted Mr. Toole and Mr. Hoane in order for them to purchase the property and put together something nice to go in there. Seeing no one else, Chairman McCurdy closed the public portion of the hearing. Ms. Hammer asked if when the petition came in for the change to Religious Facilities was there P & Z Meeting November 18, 2004 Page 21 presentation that they were going to build a church or were they going to build some type of assisted living facility, what was the presentation. Mr. Flores responded that t Ms. Hammer asked what would be some of the other uses that they could have put on the property. Mr. Flores responded general uses on a Religious Facility, there could be a conditional use for daycare facility, also educational facilities. Mr. Grande stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Christian Fellowship Ministries Alive, Incorporated for a change in zoning from the RF (Religious Facilities) Zoning District to the RS-3 (Residential, Single-Family 3 du/acre) Zoning District because it is a return to what it was before and it is consistent with the surrounding area. Motion seconded by Mr. Knapp. Upon a roll call vote the motion passed unanimously (with a vote of 7-0). P & Z Meeting November 18, 2004 Page 22 Other Business Mr. Stevenson gave an update on the North County Charrette. There was going to be an all day meeting to visit the site with the team members this Tuesday. He stated that he would share the agenda with anybody that was interested. After that meeting and by the December Planning and Zoning Meeting he hoped to have dates for the Planning and Zoning Commission on those meetings that were going to come up next year between January and the end of September They were currently tracking annexations into Fort Pierce, the dates on those annexations to be heard were December 6 and December 20. Staff became aware of them when it was published in the paper. Ms. Hammer asked if they were going to start meeting on the second and fourth Thursday or were they staying at the third Thursday. Mr. Stevenson responded that after the first of the New Year, they might go to the fourth Thursday and then if we had another one, we would probably put it on the second Thursday which would prevent two late night meetings in one week for most of staff. Staff would update the Planning and Zoning Commission regarding this. Chairman McCurdy pointed out that the next regular meeting was December 9. Mr. Stevenson replied that was correct, due to the holidays they shifted the meeting up a week from the regular date and it would be the only meeting for the month. P & Z Meeting November 18, 2004 Page 23 Next scheduled meeting will be December 9, 2004. ADJOURNMENT Meeting was adjourned at 11:30 p.m. Respectfully submitted: Approved by: _____________________________ _______________________________ Faith Simpson, Secretary Carson McCurdy, Chairman . P & Z Meeting November 18, 2004 Page 24