Loading...
HomeMy WebLinkAboutBOCC Minutes 10-17-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 17, 2006 Convened: 6:00 p.m. Adjourned: 12: 53 a.m. Commissioners Present: Commissioners Present: Doug Coward, Chairman, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Robert Nix, Growth Management Director, Hank Flores, Planning Manager, David Kelly, Planning Manager, Vanessa Bassey, Director Environmental Resources, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES (0:500:20) It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the meeting held October 10, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 06-324- Declaring support to the State of Florida Legislature for the creation and funding of a successor program to the Florida Forever Program and requesting the Florida Legislative advocate for the creation and funding of a successor program to Florida Forever, and its support for St. Lucie County’s Environmentally Sensitive Lands. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution No. 06-324, and; upon roll call, motion carried unanimously. 3.GENERAL PUBLIC COMMENTS (06:36:04) Mr. Bill Blazak, Culpepper & Terpening, addressed the Board regarding item C-11-A and presented the Board with a check in the amount of $1,836,00.00 for the Creekside project as committed by D.R. Horton. Mr. Dennis Murphy, Culpepper & Terpening addressed the Board and requested a continuance for item 8 on the regular agenda. Mr. John Arena, Ft.Pierce, addressed the Board regarding the Mega Yacht Industry. Mr. Johnathan Feguson, member of the Exchange Club, thanked the Board for all their efforts and hard work in helping to make the Chili Cook Off a success. 4.CONSENT AGENDA It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the Consent Agenda with item C-10 C being pulled , and; upon roll call, motion carried unanimously. 1.WARRANT LIST 1 The Board approved Warrant List No. 54 and 2. 2.COUNTY ATTORNEY A.Revocable License Agreement-GeoSyntec Consultants- The Board approved the Revocable License Agreement and authorized the Chairman to sign the Revocable License Agreement and directed GeoSyntec Consultants to record the document in the Public Records of St. Lucie County, Florida. B.Aircraft Rescue and Firefighting Facility- The Board approved the proposed First Amendment to August 16, 2005 Interlocal Agreement with the St. Lucie County Fire District and authorized the Chairman to sign the amendment. 3.PUBLIC WORKS A.Engineering Division- Change Order No. 2- to contract with Atlantic Skanska, Inc.- The Board approved Change Order No. 2 to the contract with Atlantic Skanska for the Gordy Road Recreation Area and authorized the Chairman to sign. B.USGS contract for water quality monitoring at 5 Mile Creek- The Board approved the contract with USGS in the amount of $14,583 and authorized the Chairman to sign. C.Approve Change Order No. 2 in the amount of $4,071.00 for relocating trees and modifying the irrigation system for the Entrada Avenue and Rio Mar Landscaping project- The Board approved Change Order No. 2. D.Award of RFP No. 06-098- The Board approved the shortlist, granted permission to negotiate with five firms: American Acquisition Group, LLC; Earth Tech Consulting, Inc., Florida Acquisition & Appraisal, Inc., HDR Acquisition Service, Inc. PBS&J and authorized the Chairman to sign the contracts as prepared by the County Attorney. 4.PARKS AND RECREATION A.Release of Retainage- Richard K. Davis- The Board approved accepting as complete the repair of the maintenance shop roof at Fairwinds Golf Course by Richard K. Davis Construction Corp., Contract No. C05-12-724 in the amount of $3420.00 and authorized a release of retainage. B.Request to serve alcohol- The Board approved Berger & Tombs request to serve alcohol during is annual company picnic on October 29, 2006 at Pepper Park. C.Equipment Requests- The Board approved EQ07-284 for the purchase of a utility trailer for the Ft. Pierce Community Center in the amount of $2475.00 and approved Budget Amendment No. BA07-003. D.Fairgrounds Sewer Expansion Project- The Board approved the transfer of $250.00 to pay for the permit fee to the Department of Environmental Protection Agency for the Sewer Plant Expansion project at the Fairgrounds. 5.PARKS REFERENDUM A.Kimley Horn and Associates Work Authorization No. 11-The Board approved Kimley Horn and Associates Work Authorization No. 11 in 2 the amount of $13,500.00 to provide planning and surveying services at Lawnwood Recreation Complex. B.Recreation Design & Construction Change Order No. 3(Lakewood Park) - The Board approved the Recreation and Design Construction Change Order No. 3 in the amount of $50,485.00 for the additional work at the Lakewood Park Project. 6.PUBLIC LIBRARY Bill and Melinda Gates Public Access Computing hardware Upgrade Grant- The Board authorized the approval of the Bill and Melinda Gates Foundation Public Access Computing Hardware Upgrade Grant Agreement and authorized the Chairman to sign. 7.PURCHASING A.Change Order No. 1 to Contract C06-06-375 with Service Refrigeration Co., for Bid No. 06-063 Rock Road Jail Refrigeration Replacement- The Board approved Change order No. 1 to Contract C06-06-375 with Services Refrigeration Replace for the amount of $6,315.00 and authorized the Chairman to sign the change order as prepared by the County Attorney. B.Approval of second amendment to Contract C05-03-130 with Stewart Mining Industries- The Board approved the Second Amendment to Contract C05-03-130 with Stewart Mining Industries increasing the total amount not to exceed $800,000.00 per year for the purchase of Coquina rock and shell rock material and also approved the Chairman signing the Change Order as prepared by the County Attorney. C.Change Order No. 5 to Contract C05-10-699 with Design Build innovations for Airport Erosion Control project- The Board approved Change Order No. 5 to Contract C05-10-699 with Design Build Innovations which extends the project twenty one days to be completed October 27, 2006 and granted permission for the Chairman to sign the Change Order as prepared by the County Attorney. D.Fixed Asset Inventory Property Record Removal- The Board authorized staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. 8.INVESTMENT FOR THE FUTURE Edlund Dritenbas Binkley/Approval Work Authorization No. 1- The Board approved Work Authorization No. 1 in the amount of $7,150 due to an increase in scope of services to include permitting work, approved Amendment No. 1 to increase the contract as drafted by the County Attorney, and authorized the Chairman to sign. 9.COMMUNITY SERVICES Approval of the release of retainage for contract C06-04-210 in the amount of $10,198.00 and contract C06-04-202 in the amount of $20,400.00 with Angus Enterprises- The Board approved the release of retainage for contract C06-04-210 and contract C06-04- 202 with Angus Enterprises and authorized the Chair to sign the necessary documents. 10.CULTURAL AFFAIRS A.Smithsonian to serve beer and wine- The Board approved the Smithsonian serving beer and wine at the St. Lucie County Marine Center for the evening of October 27, 2006 . 3 B.Host End of the Cracker Trail event- The Board authorized Cultural Affairs to host an End of the Cracker Trail event at Harbour Pointe and museum Pointe on February 24 and 25, 2007. C.This item was pulled. D.Grant Contract with Cultural Affairs Council for $65,000.00 for the Mini-Grants, Zora Fest and other operating expenses- The Board approved the Chair to sign the grant contract with the Cultural Affairs Council. 11.GROWTH MANAGEMENT A.Request of D.R. Horton, Inc., for final plat approval for the project known as Creekside- The Board approved the final plat of Creekside Plat No. 1 and authorized its execution. B.Petition of Oakland Estates LLC- The Board approved Draft Resolution No. 06-297 which would grant a 12 month extension to the approved Oakland Estates PUD project and allow up to four dry models to be constructed subject to one limiting condition. 12.UTILTIES A.Change Order No. 3 with Interstate Engineering Corp.- The Board approved Change Order No. 3 with Interstate Engineering Corp. for construction services related to the South Hutchinson Island Water Reclamation Biofilter Odor Control System project to extend the contract time by 202 days an increase in the amount of $2,150.00. B.Work authorization with Masteller &b Moler Inc.,- The Board approved the Work Authorization with Masteller & Moler for engineering services for the extension of a 6” force main from the Fairwinds Wastewater Treatment Plant East along access road to 16” force main in US#1 in the amount of $50,100.00. 13.CENTRAL SERVICES A.Renovation of the vacant lot located on the north side of the Admin. Building to provide additional parking area, the Board approved the renovation that will accomplish: . installation of sod, fencing and lighting . approved budget amendment BA07-004 in the amount of $25,000 B.David Brooks Enterprises Inc. Contract No. C05-12-363 Construction of new Clerk of Court Building- Change Order No. 6 to contract C05- 12-363- Change Order No. 7 to Contract C05-12-363 The Board approved the following: Change Order No. 6 to contract C05-12-363 to increase the Owner Direct Purchase Order Allowance by $300,000. Change Order No. 7 to contract C05-12-363 to extend time ten days changing the date of substantial completion to October 16, 2007. Also incorporate the various changes in the contract for a combined cost of $137,625.00 and reduce the project contingency allowance in the amount of $137,625.00 and authorized the Chair to sign Change Order No 6 & 7 as prepared by the County Attorney. 4 REGULAR AGENDA 5.A GROWTH MANGEMENT (20:12:01) Consider Draft Developers Agreement DVA –6-001 approving a Developers Agreement between Incom Properties and St. Lucie County. The Planning Manager addressed the Board on this item. Mr. Ken Tuma, Urban Design Studio addressed the Board and stated they concur with staff’s recommendation. The Board was advised a correction of the date on pages 3 and 7 had to be made. The rd agreement stated October 3, 2006 and should reflect today’s date of hearing, October 17, 2006. It was moved by Com. Craft, seconded by Com. Smith to approve the Draft Developers Agreement DVA 06-001 as amended, and; upon roll call, motion carried unanimously. 6.GROWTH MANAGEMENT Petition of Incom Properties, Inc. for Major Site plan approval for the project to be known as Regions Center Subdivision for property located on the south side of Angle Road.- Consider Draft Resolution No. 06-169 subject to 6 limiting conditions. The Planning Manager advised the Board of an additional condition regarding the right of way issue. The condition reads as follows: Prior to Final Plat approval for Regions Center, the developer shall provide to the County additional property as needed for the expansion of the Angle Road Right of Way to 130 feet. Such additional property shall not exceed 22 feet (86 feet of total dedication). Easements currently shown within the Right of Way and any additional provided property shall be moved to the south and out of the future roadway. Road Impact Fee Credits shall be available for this additional provision of property. These credits are available over and above any provisions of DVA 06-01, the developer’s agreement for Regions Center and King Leal Industrial Subdivision. The Planning Manager stated in speaking to the developer, he stated this was generally fine, but he did not wish for this to go on and on while the title work was being done. The Planning Manager spoke to the surveyor and they can commit to having an answer by December 1, 2006 on this item. Mr. Richard Ladiko, Culpepper and Terpening stated they concur with the conditions as stated by the Planning Manager. Com. Hutchinson advised the Board the dates would need to be changed on this item also rd from October 3 to October 17, 2006. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No.06-169 as amended by the Planning Manager, and; upon roll call, motion carried unanimously. 5 7.GROWTH MANAGEMENT Petition of Incom Properties, Inc. for Major Site Plan approval for the project to be known as King Leal Industrial Subdivision – Draft Resolution No. 06-168 granting Major Site Plan approval for the project to be known as King Leal Industrial Subdivision subject to 4 limiting conditions. The Board was advised the dates on this item would also need to be changed to reflect the public hearing was held on 10/17/06. It was moved by Com. Craft, seconded by Com. Smith, to approve Resolution No. 06- 168 subject to 4 limiting conditions, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY Ordinance No. 06-045 – Amend Historic Preservation and Historical Commission Ordinances- Consider staff recommendation to approve Ordinance No.06-045. This is the first of two public hearings, the second hearing is scheduled for December 5, 2006 at 6:00 p.m. Staff requested the effective date of this Ordinance be December 6, 2006. The Historical Commission recommended two new members be added, the St. Lucie County African American Revitalization Cultural Historical Association Inc., and the Hispanic Cultural Foundation Inc. Mr. Brad Culverhouse, Chairman of the Historical Commission, addressed the Board. No action required. 5.C GROWTH MANAGEMENT (0:40:37) Consider Draft Resolution No. 06-240 granting approval for Rezoning from IL to PUD for property located on the north side of Metzger Road, South of Avenue M. West of Angle Road and North of Avenue I and East of Canal Number 29. Project to be known as The Preserve. Staff is recommending this item be continued on November 14, 2006 at 6:00 p.m. or as soon there after as it may be heard as requested by the Environmental Resources Department. Mr. Jonathan Ferguson, attorney for the applicant addressed the Board and advised those present the applicant understands the reason for the request to continue this item by the Environmental staff and concur with their recommendation. Mr. Ferguson stated there was an outstanding issue as to whether or not upland buffers are required around stormwater ponds, this will be addressed as part of their presentation. The Planning Manager stated there have been issues such as the alignment of a roadway which is a condition of approval. The City has been concerned primarily about the design of the project and overall density. He believes they have worked with the developer and the City is generally happier with the design of the project. He believes our Public Works Department had some concerns with the on-street parking and they have placed some conditions that require the developer to do a further analysis of the on- street parking in order to ensure it does not interfere with the intersection during peak times. They presently have various issues, i.e. the trees, the on street parking and potentially the 10/10 plan and he felt these were good reasons to continue this hearing. He advised the Board the petition has 22 recommended conditions. 6 Mr. Mark Mathis, Thomas Lucido and Associates addressed and reviewed the old plan and concerns expressed previously. He also reviewed the changes to the plan and stated the new plan provides for connectivity. Com. Coward requested information on the status of the affordable housing issue. The Community Services Director addressed Com. Coward’s question and stated she was not able to get a definite price for the homes from the developer so they setup 3 different choices to be made by the County. 10% credit to the buyer that could be used as a down payment or 10% reduction in the price of the home or 10% of the home price placed in the trust fund for affordable housing. Mr. Ferguson stated the average size would be between 1100 sq. ft. and 17-1800 sq,. ft so comparatively the prices will be moderate they will be working with builders that can tailor units that on the outside no one can tell who paid less and who paid more. Com. Coward stated, this issue needs to be refined because this was basically the premise of the project and would like to know how they will achieve this goal. He does not support the third concept because this would eliminate the housing on site. Com. Craft stated the $300,000 mark keeps being moved around and this was not what was not the ballpark that was discussed prior. Com. Coward stated he believed the number thrown around was in the vicinity of $200,000 when this was first talked about and with the 10% discount you were then talking about $180,000 and then when the average wage in the community was calculated and all the calculations were done for the goal of buying power it came to shy of just $180,000.00. He stated if they are not able to meet those goals, then why is it being done. He requested information be presented how they intend to achieve those goals from the beginning. Mr. Ferguson stated they will attempt to come up with numbers within the next two weeks but he believes the projects coming out of the ground the market seems to be for smaller townhome units to be in the high $100,000 and low $200,000 he believes they can come up with something that will work. Com. Smith wanted to make clear for the record the Board was not placing slums in anyone’s backyard. He has heard these comments and wanted to make the public aware of this. Mr. Carl Stitch, Indian River Estates resident addressed the Board and stated the condo’s and townhouses should have an association to maintain the area. He stated they should limit the amount of rentals in the development to avoid deterioration of the area. He also commented on assigned parking for townhouses and the ingress and egress for the fire district. Mr. Jay Maycumber, Indrio Road resident, addressed the Board and stated the applicant has yet to nail down the numbers and goals in the discussion. He stated the applicant needs to provide the actual plans and numbers for Board consideration. Com. Coward requested a tree survey performed and it be brought back to staff and the Board for review. Mr. Ferguson stated they will provide the tree survey and this was one of the reasons for requesting the continuance and would not require a tree mitigation plan until the tree survey is received. The Public Works Director commented on the County Land Development Code issue and the concerns on the dedication of the roadways and maintenance etc. Quasi- Judicial- The Board members advised those present of their contact with the applicant, the attorney and the consultant. 7 It was moved by Com. Smith, seconded by Com. Craft, to continue this issue on November 14, 2006 at 6:00 p.m. or as soon there after as it may be heard and provide all issues, items and answers as requested by the Board members, and; upon roll call, motion carried unanimously. 5.D COUNTY ATTORNEY (2:19:02) Ordinance No. 06-021 – Amending Chapter 1-13.8 (Noise Control) No action required at this time. The second public hearing will be held on November 14, 2006 at 6:00 p.m. or as soon thereafter as it may be heard if Dr. Hess’ schedule permits otherwise it will be scheduled for December 5, 2006. Dr. Dan Hess, Professor at the University of Florida, made a presentation on the changes to the noise ordinance, i.e., the main sound level limits and the sound level limits for multi-family dwelling. Mr. Chris Humphreys, Sandalwood Estates resident, addressed the Board and asked they vote on this issue prior to a new Board members being sworn in. Mr. Dennis Bunt, Code Enforcement Supervisor addressed the Board and stated he fully endorses the changes and has a good comfort level with the proposal made by Dr. Hess. Com. Hutchinson questioned the lawn maintenance hours specified 8am-8pm and questioned how they came about those hours. Her question dealt with daylight savings time and weekend hours. The Asst. County Attorney stated the hours were based on looking at the number of other ordinances and the hours they had, it is a policy decision for the Board to make. Com. Craft asked if it would not be better to stipulate from sun up to sun down. Com. Hutchinson stated she would have a better comfort level with those hours. Com. Coward stated ultimately staff would not be out in the early morning hours to enforce the hours. Com. Smith stated he would be amenable from dawn to dusk. Com. Hutchinson also questioned the construction industry hours. She stated there are many contractors working on the weekends and she has had calls regarding this issue and reminded everyone that due to Florida weather there are many employees who work on the weekends to make ends meet or make up for a day lost. Com. Lewis stated she was uncomfortable in leaving this wide open and felt this was something that needed more discussion. Com. Hutchinson questioned the companies who already had set hours and if they would be grandfathered in. The Asst. County Attorney stated they could make the ordinance time limits to activities permitted after the effective date of the ordinance. Com. Coward did not agree with the sun up to sun down times and felt they should have a minimum standard for a residential area. Com. Craft stated this is not limiting construction companies from working on things that do not make noise, only limiting what would makes noise in the early morning hours. No action required at this time. 8 5.E COUNTY ATTORNEY (2:20:08) Ordinance No. 06-049- Dori Slosberg Driver Education Safety Act- Consider staff recommendation to adopt Ordinance No.06-049 and authorize the Chairman to sign the Ordinance. It was moved by Com. Smith, seconded by Com. Craft, to approve Ordinance No.06-049, and; upon roll call, motion carried unanimously. 5.F PUBLIC WORKS (2:30:06) Request for Capron Trails Mine to expand the existing Tract 3 and add a new pit to be called Tract 4 both items were handled as an addendum to the existing mining permit- Consider staff recommendation to approve the expanding of Tract 3 and a new pit to be called Tract 4 mine under the existing permit subject to the conditions listed. The County Engineer addressed the Board and advised them there were 4 letters received from Spanish Lakes in opposition to the request. The residents expressed their concerns with the potential affect on the wells and lakes in the Spanish Lakes development. The County Engineer read the conditions listed on the memorandum. The Environmental Resources Director addressed the Board and advised them there is no native habitat on site. Mr. Eugene O’Neal, attorney for Dickerson, Florida, addressed the Board on this issue. Mr. Charlie Serg, Spanish Lakes Fairways addressed the Board and questioned the future land use of the area after mining operations are complete. He stated he was not opposed to the operation but would like a guarantee of the water system afterwards. Mr. David Scott, LBF&H, addressed the Board’s question on the water draw down issue. He stated there would be no off site impact and they have obtained the permit from the South Florida Water Management District. Mr. Butch Terpening, Culpepper and Terpening, addressed the Board and stated they are in the development process and the DRI process however, developing will not take place until the mining ends 10 years from now. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation subject to the conditions, and; upon roll call, motion carried unanimously. 5G GROWTH MANAGEMENT (2:50:36) Proposed Amendment to Chapter 5, Land Development Code, Concurrency Management- Consider staff recommendation to approve Ordinance No. 06-047 with any changes the Planning and Zoning Commission deems to be appropriate. The Growth Management Director addressed the Board on this item and reviewed the changes made due to the P & Z hearing held previously. Com. Coward stated it was difficult to review a 50 page document with changes at this present time on various paragraphs. The Growth Management Director stated the changes were completed as late as today and this is one of two public hearings and they are suggesting the Board permit staff to go back and return with the changes that they have discussed today. Com. Craft stated he would like to continue this particular reading to November 14, 2006 in order to be able to review what is being presented today in the way of additional changes. 9 It was moved by Com. Craft, seconded by Com. Smith to continue this first public hearing for November 14, 2006 at 6:00 p.m.or as soon thereafter as possible, and; upon roll call, motion carried unanimously. 5.H PUBLIC WORKS ( 3.07:01) Indian River Estates MSBU Second Public Hearing- Potable Water Improvements- SLC Utilities- Consider staff recommendation to adopt Resolution No.06-321 to levy an non- ad valorem special assessment on the Indian River Estates Municipal Services Benefit Unit; approve the preliminary assessment roll; amend the MSBU boundary; and authorize staff to proceed with construction of the project. The County Engineer addressed the Board on this item and gave a history on the project. Mr. Jim Moses, Environmental Health Director, Health Department, addressed the Board and advised them there was a need for potable water in the development for Public Health reasons. Mr. Greg Hellar, addressed the Board and stated the ballots should have had multiple choices. Mr. Larry Chrietzberg, 6109 Palm Drive addressed the Board in opposition Mr. Lee Dyer, 5607 Spruce Drive, addressed the Board in favor of the project. Ms. Judy Rossier, resident, addressed the Board and stated she could not afford the upfront cost. Mr. Dave Reese, resident, addressed the Board in favor of the project for fire protection and water quality. Ms. Kathy England, resident, addressed the Board and stated the residents should have a choice as to whether or not they want the water. Mr. Gary Crusenberry, 5203 Myrtle Drive, addressed the Board regarding the cost and suggested a plan to pay one half the cost up front and the balance at a later date. Mr. Glen Davis, resident, addressed the Board in opposition to the project because he felt sewer should also be included in the project in order to increase the value of the property. Mr. Carl Stitch, resident, addressed the Board in favor of the project. Mr. Gary Carruth, resident, addressed the Board in opposition. He stated property taxes are already too high and the water project is too expensive. Mr. Dave Delaund, resident, addressed the Board in favor of the project. Mr. Joel Kilmer, resident addressed the Board in opposition he felt they needed the sewer also, he is against providing water only. Mr. Paul Schall, resident, addressed the Board in favor of the project. Mr. Harold Howard, resident addressed the Board and asked if there were more costs associated with this assessment. Ms. Padrick, MSBU Coordinator stated the additional cost would be to set up the meter, $340.00 to utilities. The Assistant Utilities Director, advised Mr. Howard the cost would be $44.60 based on 4000 gallons usage. 10 Ms. Cathy Cozine- resident addressed the Board regarding the upfront payment being held and the interest and stated she was in favor of the water and would also like sewer to be provided. Mr. Victor Cane, resident, questioned a reduction of the upfront payment. Mr. Jeff Minor, resident, addressed the Board in opposition to the project. Mr. Jim Rossner, resident, addressed the Board in favor of the project and questioned the financing of the project. Mr. Steven Harless, resident addressed the Board in opposition due to the cost and affordability for residents. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution No. 06-321, and; upon roll call, motion carried unanimously. 5.I GROWTH MANAGEMENT Petition of Barbara Hall to define a Class “A” mobile home as a detached single family dwelling unit to be placed on 0.42 acres of land located at 5865 Starcher Avenue in the RS-4 zoning district.- Consider staff recommendation to approve Resolution No. 06-239. Ms. Barbara Hall, petitioner addressed the Board on this issue. Ms. Beverly Gaines area property owner, addressed the Board in opposition due to the fact all the homes in the area were single family . Mr. Glen Manchester, area resident, addressed the Board in opposition and stated he felt it may lower their property values. Mr. Joel Kilmer, area resident addressed the Board in opposition to a mobile home being in a nice residential area. Ms. Nelly Colley, property owner addressed the Board in favor of the project. Com. Hutchinson stated she would be voting against this request due to the fact she felt it was not consistent with the existing neighborhood. Com. Craft stated he too would not be voting in favor due to the lack of consistency and lack of compatibility to the area. Com. Smith stated he believed the mobile was not consistent with the homes in the area. Con. Lewis stated she too felt there was a lack of compatibility. Com. Coward stated he concurred with the Board members. It was moved by Com. Hutchinson, seconded by Com. Smith to deny Resolution No. 06- 239, and; upon roll call, motion carried unanimously. 5.J GROWTH MANAGEMENT Petition of Daniel & Lisa Nelson for the Change in Zoning from the CN and CO districts to AR-1- Consider staff recommendation to approve Resolution No. 06-296. Ms. Lisa Nelson addressed the Board on this issue. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 06-296, and; upon roll call, motion carried unanimously. 11 5. K GROWTH MANAGEMENT (5:02:16) Consider Resolution No. 06-295 granting Home Dynamics Sedona LLC Final Planned Unit Development Site Plan Approval and a change in zoning from the CG and RM-5 to the PUD. The Planning Manger stated the conditions not satisfied were the left and right turn lanes required at the Edwards Road entrance and execution of a final utility agreement with Ft. Pierce Utilities and these have been placed into the new Resolution. Com. Hutchinson requested the timing of the construction of the turning lanes not th conflict with the construction on 25 St. Mr. Jonathan Ferguson, attorney for the applicant, addressed the Board and stated they concurred with staff recommendation with one minor request that a change be made to the PUD Resolution. Staff stated they did not have a problem with the change. Com. Smith requested a condition be added regarding a permanent sign be placed for the project. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 06- 295 as amended to include the condition on permanent signage, and; upon roll call, motion carried unanimously. 5.L GROWTH MANAGEMENT (5:11:37) Resolution No. 06-231 granting a change in Zoning from the RS-4 zoning district to HIRD to correct a long standing error. A discussion was held on whether or not this would be considered an error by staff in the past. The Planning Manger stated he believed it shows a change was made on the maps and there is no discussion anywhere as to why, the maps just changed and they changed on an evening when they approved 700 new maps with no discussion, no reason which leads him to believe and again consistent with the other things that there was no reason for it. Staff drew a line in the wrong place . Com. Smith stated it lead him to the same place as well. Com. Hutchinson concurred with Com. Smith and she too believes an error was made. Com. Lewis stated she also believed an error was made. Com. Coward stated he was not sure he could determine whether it was an error or not. He will look at this issue as a re-zoning and decide if it is compatible with the surrounding area. Mr. Rusty Aiken, attorney for the applicant addressed the Board on this item. Mr. Tabor area resident gave a brief history of ownership of surrounding properties. The Planning Manger read from the Land Development Code in the Hutchinson Island residential section in Chapter 3 which reads: Intent of the application – it is the intent of the BCC that HIRD shall apply to all multi-family residential property in the unincorporated area of North and South Hutchinson Island. He stated he believed this wording was in place when HIRD was first approved. 12 Mr. Craig Mundt, Hutchinson Island resident, addressed the Board and stated he wished to discuss the HIRD ordinance and the misapplication to single family and 3 units to the acre with extensive acreage both in North and South Hutchinson Island. Mr. Mundt alluded to various letter sent to the County in the past. They believe the misapplication of the HIRD Ordinance may have change the large quantity of units or acres zones R-1-A or RS-3 which is single family as well as the issue before the Board tonight. He requested staff be directed to research this issue as well as Mr. Collins application and provide a report. Ms. Deborah Engnoll, area property owners, addressed the Board and gave a history of her property and the zoning and requested the Board deny the request. She stated she researched this property for the purpose of placing a single family home in the area. Mr. Lou Gelland , Ocean Harbor Villas, addressed the Board in opposition to the change in zoning. It was moved by Com. Lewis, seconded by Com. Smith to approve Resolution No. 06- 231 to change zoning from RS-4 to HIRD to correct a long standing error, and; upon roll call, the vote was as follows: Nay: Coward, Aye’s: Craft, Smith, Lewis, Hutchinson, motion carried by a vote of 4 to 1. 8.GROWTH MANAGEMENT Resolution No. 06-226/ Mayo Development This item was pulled. There being no further business to be brought before the Board, the meeting was adjourned. ________________________ Chairman _______________________ Clerk of Circuit Court 13 14