HomeMy WebLinkAboutBOCC Minutes 02-20-2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: February 20, 2007 Convened: 3:00 p.m.
Adjourned: 11:00 p.m.
Commissioners Present: Chris Craft, Chairman, Joseph Smith, Paula A. Lewis, Charles
Grande, Doug Coward
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Heather Young, Asst. County Attorney,
Mike Pawley, County Engineer, Marie Gouin Management and Budget Director, Beth
Ryder, Community Services Director, Vanessa Bessey, Environmental Resources
Director, Millie Delgado-Feliciano, Deputy Clerk
1.MINUTES
It was moved by Com. Smith, seconded by Com. Lewis, to approve the minutes of the
meeting held February 13, 2007, and; upon roll call, motion carried unanimously.
2.PROCLAMATION/PRESENTATIONS
A.Resolution No. 07-069- Proclaiming the week of February 18, 2007 through
February 24, 2007 as “Engineer’s Week” in St. Lucie County, Florida.
It was moved by Com. Coward, seconded by Com. Grande to approve Resolution No. 07-
069, and; upon roll call, motion carried unanimously.
B.Resolution No. 07-076- Honoring Mr. Charles C. Hayling, Jr., who has been
chosen as “History Maker” in St. Lucie County, Florida for exemplifying
outstanding citizenship through his major contributions to our community in
the field of education.
It was moved by Com. Lewis, seconded by Com. Smith, to approve Resolution No. 07-
076, and; upon roll call, motion carried unanimously.
C.Resolution No. 07-073 Honoring Mrs. Queen Souter Townsend who has been
chosen as “History Maker” in St. Lucie County, Florida for exemplifying
outstanding citizenship through her major contributions to our community in
the field of education.
It was moved by Com. Coward seconded by Com. Lewis, to approve Resolution No. 07-
073, and; upon roll call, motion carried unanimously.
D.Resolution No. 07-074- Honoring Mr. Havert “Coach” Fenn who has been
chosen as “History Maker” in St. Lucie County, Florida, for exemplifying
outstanding citizenship through his major contributions to our community in
the field of education and government.
It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 07-
074, and; upon roll call, motion carried unanimously.
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E.Resolution No. 07-075 Honoring Dr. Samuel Gaines who has been chosen as
“History Maker” in St. Lucie County, Florida, for exemplifying outstanding
citizenship through his major contributions to our community in the field of
education.
It was moved by com. Coward, seconded by Com. Grande, to approve Resolution No.
07-075, and; upon roll call, motion carried unanimously.
3.GENERAL PUBLIC COMMENTS
Mr. Craig Mundt, Hutchinson Island resident, addressed the Board and read his
comments to the Board regarding the former site of the Radisson Hotel on the island.
Mr. Davis, Contractor’s Licensing Board member, addressed the Board with regards to
Com. Grande’s appointment to the Board and requested the existing member remain as
his appointee.
4.CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent
Agenda to include items CA-1 and CA-2; item C2-F being pulled and the correction on
item C2B, and; upon roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 20.
2.COUNTY ATTORNEY
A.Extension of Declaration of State of Local Emergency Indian River Drive-
The Board approved the Declaration and authorized the Public Safety Director
to sign the Declaration.
B.Agreement with Gentile Land, LLC to pay - The Board approved the To Pay
Fair Share Agreement with Gentile Land and authorized the Chairman to sign.
C.Agreement with Jay Bria to Pay Fee in Lieu of Constructing Concrete
Sidewalks- The Board approved the Fee in Lieu of Construction Agreement
with Jay Bria and authorized the Chairman to sign.
D.Resolution No. 07-063- Reduction of Administrative Fees for MSBU’s - The
Board approved Resolution No. 07-063.
E.Resolution No. 07-067 Opposing Senate Bill 576 which, if passed, would
prohibit St. Lucie County from collection of impact fees before a Certificate
of Occupancy is issued- The Board approved Resolution No. 07-067.
F.Noise Ordinance Consultant- First Amendment to February 1, 2006
Agreement with Daniel P. Hess, Ph.D - This item was pulled.
3.INVESTMENT FOR THE FUTURE
A.Bid Waiver and sole source declaration to manufacturer’s Product Care
(MPC) for the installation of Protect-All Specialty Flooring in the showers
located at Rock Road jail- The Board approved the bid waiver and sole
source declaration to Manufacturer’s Product Care for the installation of
Protect All Specialty Flooring in the showers located at Rock Road Jail at a
cost of $106,773.00 and authorized the Chairman to sign the contract as
prepared by the County Attorney.
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B.Reallocate budgeted FY 06-07 IFF funds in the combined amount of $52,800
(these funds were made available from IFF projects completed under budget)
to assist with completing the following projects
. Walton Road Community Center-Install complete septic system
. Mosquito Control Replace three garage doors
. Marine Center- Replace three a/c units.
. Parks Department- Replace roofs on two of the buildings
The Board approved reallocating budgeted FY 06-07 IFF funds in the combined
amount of $52,800. The Board authorized the Chairman to sign the contracts as
prepared by the County Attorney.
4.PUBLIC WORKS
A.Engineering Division- Change Order No. 4 to the contract with Atlantic
Skanska, Inc., for the Gordy Recreation Area to include: Item # 1 – Three
hundred feet of concrete sidewalks construction at a cost of $14,453.25 ; Item
# 2 Time extension of 55 calendar days. Revised completion date will be on
or before March 14, 2007. Total contract cost will increase by $8,320.25-
The Board approved Change Order No. 4 and authorized the Chairman to
sign.
B.Road and Bridge Division- Approve Equipment Request EQ07-304 to
purchase a new Receptacle Recorder from Power Monitors, Inc., in the
amount of $1002.00- The Board approved Equipment Request EQ07-304.
C.Award Bid No, 07-014 for the Indian River Estates Potable Water MSBU
project, to B & B Underground Contractors Inc., in the amount of
$7,436,075.00 will be at a not to exceed maximum guaranteed price for the
construction. The Board approved awarding Bid No. 07-014 to B & B
Underground Contractors Inc.
D.Canoe Creek Lane MSBU Potable Water- The Board approved Work
Authorization No. 1 to the Agreement for continuing engineering services
with Engineering Design Construction in the amount of $20,305.00 to provide
a conceptual design for water service and authorized the Chairman to execute
the Work Authorization.
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E.Request Board approval of 1 Amendment to Work Authorization No. 3 with
Hazen & Sawyer Engineering for final reporting for Platt’s Creek Mitigation
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Area and Stormwater Management Facilities- The Board approved the 1
Amendment to Work Authorization No. 3.
5.ADMINISTRATION
Salaried Employees Compensation Time Policy- The Board adopted the Salaried
Employees Compensation Time Policy retroactive to January 1, 2007.
6.PARKS AND RECREATION
A.Edlund Dritenbas Binkley- The Board approved the Edllund Dritenbas
Binkley (C05-05-248) Work Authorization in the amount of $20,280.00 to
provide architectural services for accessibility renovations at the St. Lucie
Fairgrounds . the Board also approved the use of $20,280.00 from the general
fund contingency and approved Budget Amendment No, BA07-041.
B.Tradition Field Beer Line Replacement- The Board approved an Interfund
loan in the amount of $14,556.00 to replace the “beer line” at Tradition Field.
The loan will be repaid from the Florida Sports Foundation, pursuant to
Section 228.1162(50,2(2006) of the Florida Legislature under Chapter 212 of
the Florid Statutes.
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7.COMMISSIONER GRANDE-
Ratification of Committee appointment- The Board ratified Com. Grande’s
appointment of Michael DiFrancesco to the Contractor’s Certification Board.
8.GRANTS
Grant application to Florida Dept. of Community Affairs, Division of Emergency
Management - The Board authorized the submittal of a grant application to the Florida
Department of Community Affairs, Division of Emergency Management Preparedness
and Assistance competitive Grant Program requesting an amount not to exceed $200,000
to further a program to provide community collaboration, education, training and
preparedness remedies, primarily for low income homes.
ADDITIONS
CA-1 Board of Adjustment Temporary Appointment- The Board ratified Com. Craft’s
appointment of Richard Pancoast and Com. smith appointment of Dr. Bobbi Conti to the
Board of Adjustment.
CA-2 Resolution No 07-078- The board approved Resolution No. 07-078 declaring a
State of Local Emergency- Ban on Open Air Burning in St. Lucie county.
REGULAR AGENDA
5.A GROWTH MANAGEMENT
Petition of Mercedes Homes for a 12 month extension of the date of expiration for the
project known as Celebration Pointe PUD and a major adjustment to the conditions of
approval for property located at the southeast corner of the intersection of Peterson Road
and South Jenkins Road – Draft Resolution No. 07-039 – Consider staff recommendation
to approve the request as contained in Resolution No. 07-039.
Staff addressed the Board on this item and advised the Board of a change to the first
condition of approval whereas the developer shall convey to St. Lucie County in a
manner and form acceptable to the County Attorney, 45 feet of additional right of way
on Peterson Road along the north property line of subject property. Twelve months from
the recording of this resolution or the recording of the road improvement agreement, the
developer shall construct Peterson Road to County specifications to include pedestrian
and bicycle paths. The applicant has also requested a change in condition 3 where it
states “no 2 of the single family homes shall have the same architectural elevation”. The
have also requested a dry model.
Com. Coward requested an update regarding various complaints made by area residents
concerning the noise generated in the early morning hours.
The Asst. County Attorney stated Code Enforcement was at the location early this
morning and was advising them about the existing noise ordinance however the foreman
was not available.
Mr. Bob Raines, representing the applicant addressed the Board’s and stated an e-mail
want sent this morning advising the contractor of the complaint and the need to adhere to
the ordinance. He had not previously known about the complaints until Monday when he
spoke with Com. Coward. He stated if the regulations were in ordinance form they
would comply with it.
Com. Coward recommended adding language placing a stop work order if another
complaint is received and he would like for the complaint to come directly to the Board.
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Com. Craft stated he would like staff to provide a copy of the ordinance to Mr. Raines
and it be posted at the work site.
Com. Craft stated he was not aware of any previous violations on this property and if
there were previous complaints he then would not have a problem adding the language.
Com. Craft suggested the condition state if another complaint was received and there was
a violation, it would come directly back to the Board for action.
Mr. Monty Mishue, 1401 Swain Road and adjacent property owner, addressed the Board
and stated the contractor removed 600 feet of fencing from his property . He asked the
Board to place a work stop order until restitution is made.
Mr. Tom Gladwyn, Jenkins Road resident, addressed the Board regarding the noise of the
operation and the dust.
Mr. Pat Langel, 990 Jenkins Road, addressed the regarding the early morning
construction noise and the dust. He asked the Board for assistance in controlling the dust.
Mr. Odell Tolson, area resident, addressed the Board regarding the lack of water trucks to
assist in controlling the dust in the area. He advised the Board of the damage to the trees
on his property, the 3ft berm of dirt and the drainage pipe placed facing his property.
Mr. Barton Rudd, 1011 Jenkins Road resident also addressed the early morning
construction noise as well as the late afternoon noise. He stated his utility bills are much
higher due to the dust generated by the project and the fact he must keep his air
conditioner on at all time.
Ms . Susie Caron, 8500 Indrio Road resident addressed the Board and stated she felt this
was blatant disregard of the quality of life to area residents.
Mr. Chris Langle, Jenkins Road resident addressed the Board regarding the dust and how
it has affected his son’s health.
Ms. Pamela Hammer, Reserve resident, addressed the Board and recommended a 1
month extension as opposed to a 12 month extension and returning after the 1 month with
all issues corrected and then issuing the 12 month extension and if the issues have not
been corrected a permanent shut down order should be initiated.
Mr. John Ward, 1275 S. Jenkins Road resident, addressed the Board and expressed his
concern with the dust when the winds change and questioned why there was so much
excess fill.
Ms. Connie Mishue, 1401 Swain Road, addressed the Board and stated she did not
understand why they should be given a 12 month extension with all they have done to the
residents in the area.
Mr. Raines advised the Board this had been the first time they had heard about the fence
and asked for a continuation for 2 weeks to get the issues presented addressed.
Mr. Kevin Gillar, Mercedes Homes representative advised the Board the reason for the
fill is it had been generated from digging the lake system. He stated they were in the
process of moving the dirt off site and this is the noise the residents are hearing. He also
advised the Board he would make sure water trucks are brought in to help with the dust
problem.
Com. Craft stated he wanted the developer to post the hours of operation on site.
Com. Grande stated he would like to give them 2 weeks to fix the issues and also would
like to see a meeting setup with the neighbors to advise them what they will be doing to
fix the problems. He also encouraged the Board to not permit any further development
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work for two weeks in order for the developer to re-organize the work to be done without
it affecting the residents negatively.
Mr. Raines stated he would meet with Mr. Tolson and Mr. Mishue on the noise and fence
and drainage pipe issue. He requested the Board give them a two week continuance to
work on the issues.
Com. Lewis recommended having someone on the site in the early morning to advise the
construction crew of the Board’s decision and concurred with giving the developer 2
weeks to resolve t e issues.
Com. Coward stated he felt the current situation was out of control and concurred that no
further development should be done for the next two weeks until the issues are resolved.
He would not allow additional work on the site until they resolve the issues with the
residents.
Com. Smith stated he had not heard any of these issues prior to today and was willing to
give the applicant two weeks to address these issues with the residents and also to
schedule the truck to handle the dust problem. He stated if these issues are not resolved,
he would not support the project moving forward.
Com. Lewis requested information be obtained if there are to be one or two story single
family homes.
Com. Craft requested access and a tour of the property with one of the residents.
Com. Coward reiterated his position to shut down the operation until the issues are
resolved.
Com. Grande stated his position being if they do not comply, he would the ability to let
the petition expire and have them start the process from the beginning.
Com. Craft requested a 2 day stop work order to allow the applicant to get things
organized with the contractors.
The Board concurred.
It was moved by com. Lewis, seconded by Com. Smith to continue this item for 2 weeks,
initiate a 2 day stop work order, to resolve the issues, i.e. hours of operation, drainage
pipe erroneously placed, dust control, fence removal and also providing the authority to
the County Administrator to shut the operation down if the applicant does not comply,
and; upon roll call., motion carried unanimously.
5.B GROWTH MANAGEMENT
Petition of Zentex Ventures, LLC for a change in Zoning from the AG-1 and R/C zoning
districts and Preliminary Planned Development Site Plan approval for the project known
as Breckenridge for property located on the west side of Gordy Road, approximately ¼
mile south of Okeechobee Road, west of the Florida Turnpike. Draft Resolution No. 07-
020- Consider staff recommendation to approve Draft Resolution No. 07-020.
Quasi-Judicial- The Board members acknowledged meeting with the applicant and the
area residents.
Com. Coward expressed his concerns with the existing zoning which is largely AG-1 and
the fact they will be placing 8 units to the acre. He also requested the large trees be
located on the property and the issue be resolved at the preliminary approval not the final.
Com. Craft reminded the Board members if the applicant is going with the 25% rule, the
Board does not require a survey to be done. He requested a continuance of 30 days for
staff to work out the issues with the applicant.
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Mr. Greg Boggs, Thomas Lucido, representing the applicant, gave a brief presentation of
the project before public comment was obtained and a continuance be granted.
Mr. Boggs addressed the affordable workforce housing issue and stated this was
primarily a rental apartment community surrounded by Creekside housing development.
PUBLIC COMMENTS
Mr. Louis Forget, St., Gordy Road resident, addressed the Board regarding the traffic on
Gordy Road. He stated this was a pristine area and they would be running out the
wildlife that lives in the area. He did not agree with the density proposed and felt a better
project could be placed in the area.
Mr. Lou Forget Jr., Gordy Road resident, addressed the Board and stated he felt the
traffic issue to the south was very troubling.
Ms. Susie Cassins, property owner expressed her concerns with the traffic and stated she
felt the project was incompatible with the environmentally sensitive areas. She stated she
feared the parking lot runoff could go into 10 mile creek.
Mr. Bill Forget, addressed the Board and stated his main concern was the compatibility of
the project with the area. He addressed the road improvements needed to handle the
heavy traffic.
Ms. Susie Caron, Planning and Zoning Board member reminded the Board the P & Z
Board denied this application by a vote of 9-0 and urged the Board to look closely at the
compatibility issue.
Ms. Pamela Hammer, Planning and Zoning Board member, addressed the Board and
questioned the new site plan being provided being presented for preliminary approval.
She expressed her concerns with the archeological study not being performed and stated
this project would be a drain on the existing communities, i.e. schools and other services
being so far away.
Mr. Boggs advised the Board the rent would be in an area between $650.00 per month to
$950.00 and stated they would be improving Gordy Road to full county standards.
Ms. Andrea Trautman, Traffic Engineer, addressed the Board and stated the estimated
trips would be 4,000 daily and they would be providing a turning lane on Gordy Road
into the project.
The County Engineer advised the Board that King Highway is failing concurrency issues.
Com. Grande stated he felt this project was inconsistent with the surrounding area and
could not support such a project.
Com Smith stated he would like to have time to review the Planning and Zoning minutes.
He has seen industrial as well as mixed use near an AG-1 zoning. He would like more
time to review the issue.
The County Planning Manager advised Com. Smith the “I” zoning he was looking at in
the area was institutional and not industrial.
Com. Smith stated he would also like to know what constitutes someone saying it creates
a drain within the community.
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Com. Lewis stated she felt there were many issues that needed answers before moving
forward, i.e. stormwater runoff, parking, roadway widening with constraints on the other
side, and the gas lines mentioned. She sees a many positive aspects of the project, access
to the turnpike, availability for workforce housing which is needed desperately in the
county, but would like to keep her focus on who this project would be serving.
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Com. Coward stated he concurred with Com. Lewis but questioned is the density proper
for this location. He felt this project was too intense.
Con. Craft stated the traffic issue is very important and he would like for staff to look at
the traffic issue of Kings Highway. He is concerned with the project being primarily
rental units and would like to see home ownership of the units. He advised the Board he
would also like to see the phasing in of the buildings.
Com. Coward stated he would not support 8 units to the acre and would like to discuss a
mix of housing.
Com. Grande stated he project has a good land design however it is wrong for the area.
Mr. Jeff Cagen applicant, addressed the Board and stated he would like to have the
opportunity to see if they can re-do the plan based on the comments received and would
appreciate having more than 30 days.
It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on April
17, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion
carried unanimously.
5.C GROWTH MANAGEMENT
Consider Draft Resolution No. 07-010 granting the request of the North St. Lucie Water
Control District for a change in zoning from the AG-1 zoning district to the CO zoning
district for property located ¼ mile west of the intersection of Orange Avenue and Shinn
Road - Consider staff recommendation to approve Resolution No. 07-010.
Mr. Steve Cassins, applicant, was present to answer any questions the Board may have.
It was moved by com. Smith, seconded by Com. Grande, to approve Resolution No. 07-
010, and; upon roll call, motion carried unanimously.
5.D GROWTH MANAGEMENT
Petition of Robert P. Rigel for a Change in Future Land Use Designation from COM to
RU for 9.91 acres of property on South Hutchinson Island (Draft Ordinance No. 07-003)
Consider staff recommendation to approve Draft Ordinance No. 07-003 granting the
requested change from a COM Future Land Use Designated to a RU (Residential urban-
5 units per acre maximum) Future Land Use Designation for 9.1 acres of property
located on South Hutchinson Island and forward the adopted amendment to the Florida
Department of Community Affairs in accordance with Chapter 163, Florida Statutes.
Quasi-Judicial- Com. Grande acknowledged meeting with the applicant.
Mr. Dennis Murphy, Culpepper and Terpening was present to address any questions the
Board may have on this item.
It was moved by Com. Grande, seconded by com/ Lewis, to approve Draft Ordinance No.
07-003 and staff recommendation, and; upon roll all, motion carried unanimously.
5.E GROWTH MANAGEMENT
Petition of Robert P. Rigel requesting a Change in Zoning from the CG Zoning District to
HIRD (Hutchinson Island Residential District) Zoning for property located at 9751 S.
State Route A-1-A on South Hutchinson Island. - Consider staff recommendation to
approve Resolution No. 07-008 granting Robert P. Rigel a change in zoning from the CG
zoning district to the HIRD zoning district for property located on South Hutchinson
Island.
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It was moved by Com. Grande, seconded by Com. Lewis, to approve Resolution No. 07-
008, and; upon roll call, motion carried unanimously.
5.F. GROWTH MANAGEMENT
Petition of Riverview Developers LLC for granting Preliminary Planned Development
Site Plan approval for the project to be known as Hunter’s Run- PUD for property located
on the east side of Germany Canal Road (Draft Resolution No. 07-022). This item was
pulled due to an advertising error.
5.G GROWTH MANAGEMENT
Adoption of the 2006/2011 Capital Improvement Plan via Ordinance No. 07-001 an
Ordinance amending the St. Lucie County Comprehensive Plan by Adopting the Five-
Year Capital Improvement Plan and the Capital Improvement Element, an Exempt large
scale amendment- Consider staff recommendation to approve proposed amendment to
Appendix B of the adopted Comprehensive Plan.
Mr. Tom Babcock addressed the Board and stated his objection as it relates to the TVC.
It was moved by Com. Grande, seconded by Com. Smith to approve the First Reading of
Ordinance No. 07-001(preliminary approval) and scheduling the second reading for
March 20, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call,
motion carried unanimously.
5.H GROWTH MANAGEMENT
Petition of Mission West LLC for a change in zoning from the AR-1 zoning district to the
PUD (Planned Unit Development- Mission Oaks Subdivision)- zoning district for 8.59
acres of property located on east side of Johnston Road approximately 0.09 miles north of
angle Road- Consider staff recommendation to continue the petition of Mission West,
LLC until March 20, 2007.
Staff requested this item be continued they need time to discuss the TVC capability of
this project.
The Assistant County Attorney advised the Board the TVC would not be in effect until
they hear from the DCA (State).
Com. Coward stated this application came in prior to the Stop Gap Ordinance. The
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original site plan was submitted in April 21 2005 and the Ordinance was adopted four
months later.
The Board was advised the Stop Gap Ordinance had expired and the new TVC
regulations had come into effect.
Com. Grande stated he believed this applicant was requesting doubling the density than
previously requested. He stated he would hate this to be a precedent setter and needed to
know how many more projects are out there in the same situation. He requested staff
bring this information for review before the next meeting.
It was moved by Com. Smith, seconded by com. Grande, to continue this item on March
20, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion
carried unanimously.
5.I GROWTH MANAGEMENT
Petition of A.W. River Landing LLC for a change in zoning from the RS-2 and CO
zoning districts to the PUD zoning district and Final Planned Development Site Plan
Approval for the project known as River Landing –PUD Draft Resolution No. 07-003-
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Consider staff recommendation to approve draft Resolution No. 07-003 subject to
seventeen limiting conditions of approval.
Mr. Jason Literick, representing the applicant addressed the Board and stated there was a
new condition added and the applicant would like to see how this condition would affect
the project.
Mr. John Ferrick area resident, addressed the Board and stated there were several items
missing from the packet, i.e. 2 letters from the Home Owners Association and a petition
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from 25 Street area residents.
Mr. Doran Russell , Midway Road resident, addressed the Board and advised them he
was waiting for information from the South Florida Water Management District and also
has obtained an attorney to represent him and his concerns regarding the flood plain in
the area.
Com. Grande stated he had a difficult time with the design of the project and the impact
of the area. He requested the applicant come back with significant changes and not just
“tweeking” the project.
It was moved by Com. Coward, seconded by Com. Lewis, to continue this item on March
6, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion
carried unanimously.
6. GROWTH MANAGEMENT (1:04:07)
Petition of Greenwood Development Corporation of Florida for Major Site Plan approval
of the project to be known as The Meridian of North Hutchinson Island for property
located on the northeast corner of the intersection of North A-1-A and Shorewinds Drive-
Draft Resolution No. 07-012 - Consider staff recommendation to approve Draft
Resolution No. 07-012.
Mr. Dennis Korek, Dean, Mead, Minton firm and representing the applicant addressed
the Board and stated this was a site plan approval and they were not attempting to change
the zoning or land use category.
Com. Craft requested response from staff to Mr. Mundt’s letter.
The Growth Management Director stated the ordinance adopted by BOCC to adopt the
new Comp Plan repealed all previous documents adopted and replaced them with the new
Comp Plan. The zoning based on the new Comp Plan to implement it repealed the
previous zoning and replaced it with a new zoning map. In doing so the Board cleared up
the prior errors and established a new policy direction and designated this area as
residential medium density and this is what it is today.
Com. Coward stated the landowner is not mandated to replace the hotel that was there.
The applicant can request under HIRD to use it as commercial as a conditional use but is
not mandated. The Board does not have a legal right to demand commercial use although
it would be his preference.
The County attorney stated he concurred with the Growth Management Director’s
conclusion and was comfortable with it.
Mr. Korek addressed the road impact fee language in 1 17 29 Article III and had
proposed language. They proposed making a contribution of $100,000 to the county for
general improvements on North Hutchinson Island in lieu of the impact fees.
The County Attorney stated the proposed compromise is a fair resolution for the county.
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Mr. Korek requested staff go through the ordinance and certificates and make sure all
dates are consistent with today.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 07-
012 with the amended impact fee language, and; upon roll call, motion carried
unanimously.
There being no further business to be brought before the Board, the meeting was
adjourned.
_______________________________
Chairman
______________________________
Clerk of Circuit Court
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