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HomeMy WebLinkAboutBOCC Minutes 05-15-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 15, 2007 Convened: 6:00 p.m. Adjourned: 2:30 a.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Don West, Public Works Director, Robert Nix, Growth Management Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Mike Pawley County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Smith, seconded by Com. Coward, to approve the minutes of the meeting held May 8, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 07-187- Proclaiming the week of May 12, 2007-May 20, 2007 as “Florida Tourism Week” in St. Lucie County, Florida It was moved by Com. Grande, seconded by Com. Lewis, to approve Resolution No. 07- 187, and; upon roll call, motion carried unanimously. B.Resolution No. 07-188- Proclaiming May 20, 2007 through June 19, 2007 as “Juneteenth Season of Freedom” in St. Lucie County, Florida, and further proclaiming June 19, 2007 as “Juneteenth Day” in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Smith to approve Resolution No. 07- 188, and; upon roll call, motion carried unanimously. 3.GENERAL PUBLIC COMMENTS Mr. Rick Holt, area resident, addressed the Board in opposition to the animal registration fee and the new ordinance passed in April. He requested the Board rescind the ordinance. Mr. Herbert Beach, White City resident, addressed the Board with regard to an aluminum structure being built on Saeger Avenue. The structure was permitted as a single family residential housing unit. He questioned this permitting and provided a picture of the structure. The Asst County Administrator advised the Board staff would be looking into the issue and would return to the Board with the results. Mr. Pat Langel, Jenkins Road resident, addressed the Board with regards to Celebration Pointe development. He stated he had met with Mr. Mike Taylor regarding the buffer zone and stated he was not sure where the 3 ft. berm would be measured from. He also questioned the trees and shrubs which he felt would take more than 3 years to provide the coverage needed. In speaking with Mr. Taylor about this issue, he was told they did not have it in the budget and could not provide bigger trees. Mr. Langel requested the Board look into this issue for him. 1 Ms. Carol Hall, Ft. Pierce resident, addressed the Board in opposition to the Animal Fee Ordinance passed. She alluded to letters and articles from other states where they indicated such laws were not effective. She requested the Board rescind the ordinance. Ms. Tinsley, area resident, addressed the Board in opposition to the fee and stated the average working person would not go through the steps to get an animal spayed or neutered, not even at a reasonable price. Com. Craft stated he supports the differential license cost and will continue to do so. The cost of euthanizing animals has risen to a point where the county had to do something. He offered utilizing the balance of donated funds to assist in implementing a program to assist in the cost of a spay and neutering. Ms. Barbara Synbind, Ft. Pierce resident, President of Treasure Coast Cat Club recommended enforcing the leash laws. Com. Smith advised those present the laws were made for those who are not responsible pet owners. 4.CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Coward, to approve the Consent th Agenda as amended with item C4B pulled; C10A date changed to June 19; and; upon roll call, motion carried unanimously. After hearing items 7 and 8 of the regular agenda, the Board rescinded the consent approval of item C2C. 1.WARRANTS The Board approved Warrant List No. 32. 2.COUNTY ATTORNEY A.Extension of Declaration of State of Emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. B.Interlocal Agreement with Martin County for Water Quality Monitoring at Platts Creek- The Board approved the Interlocal Agreement with Martin County and authorized the Chairman to sign. C.Celebration Pointe- Road Improvement Agreements-Jenkins Road- Peterson Road and Swain road- This item was continued to May 22, 2006. D.Resolution No. 07-183 Extending State of Local Emergency Ban on Open Air Burning in St. Lucie County- The Board approved Resolution No. 07-183 and authorized the Chairman to sign the Resolution. E.Donation of Right of Way-Hospice of Martin & St. Lucie Inc.- 10 feet on Dunn Road- Resolution No. 07-185 - The Board approved accepting the Warranty Deed, authorized the Chairman to sign Resolution No. 07-185. F.Treasure Coast Extension Landscaping Program- Interlocal Agreement with Martin County and University of Florida- The Board approved the proposed Interlocal Agreement with Martin County and University of Florida for the Treasure cost Extension Landscaping Program, and authorized the Chairman to sign. 2 G.Water and Waste Water Supply Agreement- Special Needs Shelter- The Board approved the Agreement with FPUA and authorized the County Administrator to sign the agreement. H.Interlocal Agreement with Fire District Sports Complex Detail- The Board approved the Interlcoal Agreement and authorized the Chairman to sign the Agreement and approved the termination of the existing January 8, 2002 Interlocal Agreement. I.Donation of Property- Ten Mile Creek Preserve LLC- Tax I.D. No. 2326-421- 0002-000-4 Resolution No. 07-192 the board approved accepting the Special Warranty Deed from Ten Mile Creek Preserve LLC, authorized the Chairman to sign Resolution No. 07-192 and directed staff to record the Temporary Construction Easement in the Public Records of St. Lucie County, Florida. J.B & E Houck Enterprises, Inc.,- Consent to Subleases- The Board approved the subleases submitted by B & E Houck Enterprises, Inc. 3.PUBLIC WORKS A.Engineering Division – The Board approved the First Extension to Contract (C06-12-750) with Dunkelberger Engineering & Testing, Inc., to extend the Term of the agreement through and including June 30, 2007 to complete emergency repairs at 12661 Indian River Drive and authorized the Chairman to sign. B.Engineering Division- The Board approved Change Order No. 1 in the amount of $26,256.56 for the Indrio Road & US 1 Intersection improvements project and authorized the Chairman to sign the Change Order. 4.PARKS AND RECREATION A.Request for approval to serve alcohol at Lincoln Park Community Center- The Board approved Ismael Santoyo and Gloria Escabedo’s request to serve alcohol at the Lincoln Park Community Center during a Baptismal Service on May 26, 2007. B.Fairgrounds Sanitary Sewer System Extensions Reimbursement/ Forestry Division- This item was pulled. 5.INVESTMENT FOR THE FUTURE Central Services – Sun Sky Roofing LLC/# C07-01-049- Roof Replacement - The Board approved release of retainage in the amount of $10,357.70 to Sun Sky Roofing for the roof replacement project at Morningside Library. 6.CENTRAL SERVICES A.Wind Chill Mechanical/C06-08-495- Concourse Rooftop A/C Unit Replacement- change Order No. 3- The Board approved Change Order No. 3 to # C06-08-495, Wind Chill Mechanical, to increase the contract time 60 days for a completion date of July 5, 2007 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. B.David Brooks Enterprises, Inc.,- Change Order No. 12 to C05-120636- Construction of the New Clerk of Court Building & Downtown Chiller Plant - the Board approved Change Order No. 12 to C05-12-636 David Brooks Enterprises to establish a time line for the downtown Chiller Plant project only with a completion date of January 31, 2008 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. 3 7.COMMUNITY SERVICES A.Approval of six month time extension for the St. Lucie County CDB DRI Grant # 06-DB-3C-10-66-01-E 32- The Board approved the six month extension and authorized the Chairman to sign all the necessary documents. B.Approval of release of retainage - The Board approved the release of retainage for contract C06-04-265 in the amount of $28,370.00 with Angus Enterprises. 8.PURCHASING Second Amendment to Contract C05-11-719 with GLE Associates, Inc.- The Board approved the Second Amendment to Contract C05-11-719 with GLE Associates, Inc., and authorized the Chairman to sign the amendment as prepared by the County Attorney. 9.PARKS REFERENDUM Lighting prediction & Warning Systems- Sole Source Purchases/Lakewood Park- The Board approved the sole source purchase of the THORGUARDIAN Lightning Prediction and Warning system from THOR GARD, Inc.. in the amount of $15,899 for Lakewood Park Regional park, and enter into an agreement as approved by the County Attorney and authorized the Chairman to sign. Also approved Equipment Request No. EQ07-32. 10.UTILITIES A.Utility Rate Tariffs for South Hutchinson Island Utility District- Permission to advertise and provide notice of Public Hearing- The Board approved advertising and providing notice to customers for a Public Hearing to consider proposed Utility Rate Tariffs for the South Hutchinson Island District. The Board approved advertising and providing notice for a Public Hearing on June 19, 2007 at 6:00 p.m. or as soon thereafter to amend rates, fees and charges for the South Hutchinson Island Utility District in St. Lucie County. B.Midway Road Water Main Extension Project- The Board approved the release of retainage and final payment application with Danella Companies, Inc., for construction services completed for the Midway Road Water Main Extension Project in the amount of $188,373.24. C.Resolution No. 07-184 amending Resolution No. 07-154- The Board approved Resolution No. 07-184 to amend Resolution No. 07-154 due to a Scrivener Error. 11.ADMINISTRATION Sustainability Advisory Ad Hoc Committee- The Board ratified Com. Smith’s appointment of Thomas A. Gonzalez to the Sustainability Advisory Ad Hoc Committee. REGULAR AGENDA PUBLIC HEARINGS 5.A COUNTY ATTORNEY Ordinance No. 07-005- Illicit Discharge and Connection- Consider staff recommendation to approve Ordinance No. 07-005 and authorize the Chairman to sign the Ordinance. It was moved by Com. Smith, seconded by Com. Grande, to approve Ordinance No. 07- 005 and authorized the Chairman to sign, and; upon roll call, motion carried unanimously. 4 5.B COUNTY ATTORNEY First Reading – Ordinance No. 07-017 Amend Land Development Code to Provide an Exemption to the Requirement for a Bond for Moving a Structure- no action at this time. Second reading will be on June 5, 2007 at 6:00 p.m. or as soon thereafter as it may be heard. The County Attorney addressed added language on Page 4, the County Building Official or designee would be given the ability to determine if the building meets the code in order to waive the bond. 5.C GROWTH MANAGEMENT Petition of Mission West, LLC for a Change in Zoning from the AR-1 Zoning District to the PUD Mission Oaks Subdivision Zoning District and Preliminary PUD Approval for the project- Consider staff recommendation to approve the request of the applicant to withdraw the petition of Mission West, LLC for a change in zoning from the AR-1 to the PUD Zoning District and Preliminary Planned Unit Development for the project to be known as Mission Oaks Subdivision-PUD. It was moved by Com. Coward, seconded by Com. Grande to accept the withdraw of the petition, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT Petition of A.W. Riverlanding, LLC for a change in zoning from the RS-2 and CO zoning districts to the PUD Zoning District and Final Planned Development Sire Plan Approval for the project known as River Landing-PUD, Draft Resolution No. 07-052- Consider staff recommendation to approve Draft Resolution No. 07-052 subject to twenty limiting conditions of approval. Ms. Noreen Dwyer, attorney for the petitioner, addressed the Board and alluded to the various conditions. She provided clarification for conditions 8 with regards to the elevation, 12 with regards to the dry hydrants and 17 with regards to the conservation easement with no right of public access. QUASI JUDICIAL- The Board members disclosed having contact with the applicant and residents. Commissioners Lewis, Smith and Craft had contact with residents and Com. Coward spoke with residents about the conservation area, but not the PUD. Mr. Darien Russell, Midway Road resident, addressed the Board with regards to the purchase of property and the flooding of the area. He proposed an alternative plan for the front parcel where in he proposed it being developed as a Commercial Office for professional level jobs rather than residential. Mr. Russell stated he felt he was close to a good land deal for the county and asked the Board’s help. Com. Grande stated he would amenable to having a meeting with Mr. Welkman to discuss alternatives. Mr. Lou Welkman, property owner, addressed the Board and requested the PUD be approved today and suggested discussing the other issue at a later date to discuss what the options are and meet mutual objectives. 5 The County Attorney suggested adding a condition which limits what he can do but allows him to continue over a period of 30/60 days to do certain things and negotiate with the board or staff and come up with a different scenario. He seems to be willing to accept a condition that limits what he could do. Mr. Welkman stated would not want to attach the second item already discussed prior to the PUD. Mr. John Ferrick, area resident, addressed the Board in opposition to the project due to the flooding in the area after a storm. He also felt the project does not fit into the character of the White City neighborhoods. Com. Smith stated he felt uncomfortable talking about one item today and then discussing the other issue later. Com. Coward stated he understands where the applicant is coming from, the issue of whether we can provide an alternative should stop this approval from moving forward. He felt it should move forward for a vote in all fairness to the applicant and they can work diligently on an alternative plan in the future. Com. Lewis recommended adding the condition that a basic site prep begin within 60 days while they are trying to find another plan and recommended moving forward. It was moved by Com. Lewis, seconded by Com. Coward to approve Resolution No. 07- 052 with the condition added to embody the matters discussed with preparation to proceed; Ms. Dwyer requested that if there was to be a vegetation removal permit issued that it take effect in 30 days. Her client agrees to not do anything east of the CO for the next 90 days. Com. Smith stated he would be voting against it what he thought about this project 2 years ago is different to what he feels today. And upon roll call, the vote was as follows: Nay: Grande, Smith, Aye’s: Lewis, Coward, Craft, motion carried by a vote of 3 to 2. 5.E GROWTH MANAGEMENT Public Hearing regarding the revocation or modification of the Conditional Use Permit for the Mellon Patch Inn, Draft Resolution No.07-054- Consider staff recommendation to approve Draft Resolution No. 07-054 subject to seven limiting conditions modifying the conditional use permit. The Assistant County Attorney addressed the Board on this item and provided the investigation results. Com. Coward requested staff review the seven recommended conditions. He supports the Mellon Patch and the facility is needed but not at the expense of the neighbors. Ms. Jacqueline Goodman, addressed the Board in support of the Melon Patch and stated it was an asset to the community. Ms. Jan Tobias, Jackson Way resident, read a letter from a neighbor who could not be present, Ms. Margo Lynn where she indicated the current codes should be enforced. Ms. Tobias advised the Board she was a prior employee of the Mellon Patch while the prior owner had the facility and stated she was informed by the Mellons they would be closing the facility for 2 years for tax purposes. She also stated the venu has changed and felt it was now causing adverse affects to the neighborhood. 6 Mr. Tom Sculik, St. Lucie County resident advised the Board he had attended an event at the Mellon Patch and found it to be very well under control. He hopes there would be a compromise and does not want the business to close. Mr. George Hayden, area resident addressed the Board and asked if staff had the opportunity to speak to Ms. Townsend to see if the conditions would ensure profitability of business. Mr. Neil (unintelligible last name), addressed the Board and stated in previous meetings the term “commercial lodging” had never been used. He was advised the Bed and Breakfast zoning was permitted in a residential zoned area. Mr. Ken Cook, 253 Bermuda Beach Drive, previous residents of Jackson Way addressed the conditions. Ms. Adrian Drew previously provided catering services for the Mellon Patch addressed the Board and felt the taxes are too high for the facility to exist soley as a Bed and Breakfast. Ms. Fran Owen, area resident, questioned the prior zoning and the taxes paid. She felt the facility cannot make it on a Bed and Breakfast zoning alone. Mr. Gerald Martin area resident addressed the Board and expressed his concerns with regards to the fact he has scheduled his wedding event to take place at the Mellon Patch in two weeks. He stated enclosing the deck may ease the noise issue however they would not issue a permit to do so. Mr. Larry Ivey, Orange Avenue resident, addressed the Board and sated he has utilized this facility for meetings and has enjoyed it very much. He stated the county needed such a facility in the area. Ms. Joan Miller, St. Lucie County resident, addressed the Board in favor of the facility and felt it would be an injustice if it had to close. Mr. Craig Mundt, Hutchinson Island resident addressed the Board in favor of the establishment. He stated it was an asset to the Island and the closest facility for such events was 10 to 12 miles away. He does not believe 7 events a year would keep the business open. Mr. Norm Penner, area resident addressed the Board and stated he felt 7 or 8 events a year would be enough if they were spaced out. He stated he would also like to see the events end earlier and the alcohol limited. Mr. John Devres, business consultant, addressed the Board and advised everyone he had completed a business analysis and advised Ms. Townsend 7 events a year would not keep the business open. He stated she would need to do 1 event a week due to the high expenses. Mr. Jay Gellar, St. Lucie County resident, addressed the Board and stated his wedding was scheduled for June 30, 2007 and was looking forward to the event. He hopes the Board can come to a compromise and stated the Mellon Patch is an asset to the community Ms. Jan Penner, A-1-A resident, addressed the Board and stated the noise travels up the canal and the residents were looking to have a quiet Bed and Breakfast facility. Mr. Jorge Brache, Jackson Way resident, addressed the Board and stated he felt the Bed and Breakfast was more of a hall than a B & B and felt there was too much noise traveling down the canal. 7 Ms. Connie Chiles, bookkeeper for the business addressed the Board and stated due to the cost of the taxes, insurance and the mortgage on such a facility, 7 events a year would not be enough to maintain the business. Mr. Robert Gorman, attorney for area residents, reiterated their position from the last meeting and stated the neighbors did not have a problem with the Bed and Breakfast approved previously but felt it should not be used as a banquet hall. Mr. Allison, Jackson Way resident made recommendations such as limiting capacity, no alcohol should be served and early day functions. Ms. Pat Spradling, are resident, addressed the Board with regards to the code enforcement report containing 7 violations. She felt alcohol being served is a great concern and recommended the events end earlier than 9 p.m. She advised the Board she had never been approached to attempt to work out a resolution. Com. Craft pointed out he had attempted to set up a meeting between the residents and Ms. Townsend and none of the residents wished to attend. Mr. Steve Tierney, attorney for Ms. Townsend, addressed the issues brought forth . Mr. Bob Hoffman, area resident addr4esed the Board and stated Ms. Townsend was aware of the problems prior to the closing of the purchase of the facility. Ms. Kathy Townsend, proprietor of the Mellon Patch, addressed the issue and stated she pays up to 30,000 a year in property taxes and also pays 5% bed tax for tourism industry. Mr. Jeff Furst, Property Appraiser advised the Board the Mellons had 100% exemption for 2 consecutive years. They first had a partial exemption and came in and signed the required document acknowledging it was their residence in order to receive a full exemption. QUASI JUDICIAL Com. Craft acknowledged speaking with Ms. Townsend Com. Grande also acknowledged speaking with Ms. Townsend Com. Lewis acknowledged receiving e-mail on the issue Com. Coward acknowledged receiving e-mails and having phone contact. Com. Coward stated he would not have a problem permitting the facility to operate as it was intended. He stated he was not in a comfortable position tonight to make a decision and the parties needed to lay out the broader goals of what they are trying to achieve. Com. Grande stated until there was a resolution to the issue, he would like for the facility to continue to do the basic things that would avoid it from going broke and would not be a problem to the neighbors. He recommended both representatives meeting with the Chairman and facilitate a meeting, put a plan together and then bring to the Board for review. Com. Craft stated his only concern with Com. Grande comments was there are events scheduled. Com. Grande stated he did not have a problem with those events proceeding. Com. Smith stated the question is this an issue of a conditional use and do they have it. He is comfortable with the Board saying “we are not there yet” but the question is do they have it or do they not. We must figure out this bigger issue. The issues were not the noise because there are not noted violations. Com. Coward asked for the County Attorney to verify if a conditional use can be modified. 8 The County Attorney stated the Board cannot modify a conditional use. Com. Smith stated his thoughts ended at either to revoke or to approve it Com. Coward stated there are two options, the applicant can agree to modifications and if not the Board can revoke and he would be prepared to do so and forcibly modify the conditional use. It was the consensus of the Board to have a meeting with the Chairman and the representatives and come back with the outcome. It was moved by Com. Lewis, seconded by Com. Grande to continue this hearing to a date uncertain, and; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT Consider Draft Resolution No. 07-022 granting approval of the request of Riverview Developers LLC for Preliminary Planned Development Site Plan approval for the project to be known as Hunter’s Run- PUD for a change in zoning from I to HIRD zoning district- Consider staff recommendation to approve the Riverview Developer’s LLC petition if the Board determines the project to be consistent with Board’s Agricultural PUD policy or continue this item until amendments are adopted to implement the Board’s policy. Mr. Bill Blazak, Culpepper and Terpening addressed the Board on this item. Mr. Harold Melville, attorney for applicant, addressed the Board regarding two legal issues one being whether yards can be counted towards the open space requirement and inequitable estoppel. Com. Coward stated he wished to make a correction. He had talked to the team and advised them that the interpretation made by staff was incorrect and the team chose to disregard it. Com. Grande questioned if this approval is made on merit, would it set a precedent that back yards are counted. He has the same concerns as Com. Coward . The County Attorney stated the Board could agree with the estopple argument or look at the way it is being interpreted looking at the public benefits and take it apart from other type of applications. You can approve it on its merits without setting a precedent and that it has a unique benefit. Mr. Dennis Murphy, Culpepper & Terpening addressed minor corrections and on pages 3 and 4 of the resolution there are adjustments being made to the transportation issue and the Public Works Director concurred with the adjustments and also the date corrections noted. Mr. Randy Berry, area resident, addressed the Board and stated the Home Owners Association is in favor of the project. Mr. Philip Stickles, Carlton Road resident addressed the transportation issue on Carlton Road. He questioned what kind of improvements would be made to the roads. Mr. Bill Taylor, Carlton Road resident questioned the zoning on the property if would still be AG or residential. Mr. Taylor was advised it would be a PUD and it does permit some AG uses. He has some concerns with the number of houses per acre. Mr. Murphy responded on the transportation issue. He stated it would be generating 700 trips at build out and would be improving the intersection at Germany Canal and Carlton Road and other improvements. 9 The County Attorney sated for the record that the property donated as a match will not be used as open space. It was moved by Com. Grande seconded by Com. Lewis, to approve staff recommendation to approve with the conditions in the staff report and also add to condition number 6 to include the County Utility Department and add the County Attorney’s language about not setting a precedent on the back yard and no substitute change of the site plan will reduce common and open space below 57 ½% , and; upon roll call, motion carried unanimously. 5.G GROWTH MANAGEMENT Consider Draft Resolution No. 07-034 granting approval of the Repechage Development Inc., application for a change in zoning from I to HIRD for property located on the east side of Germany Canal road. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 07- 034, and; upon roll call, motion carried unanimously. 5.H GROWTH MANAGEMENT Consider Draft Resolution No. 07-049 granting approval to the application of John S. Park, for a change in zoning from RS-3 to the RF zoning district. Ms. Adde Lamos submitted a letter to Com. Coward expressing her concerns with the traffic and compatibility of the project. Mr. David Lamos representing the Home Owners Association addressed the Board and expressed his concerns with the traffic and compatibility of the project. Mr. Jonathan Ferguson, 1405 Platts Lane, addressed the Board in favor of the project and stated the area does not have a traffic problem at the intersection and is currently at a level service ‘C’. Mr. Frank Blantino whose daughter lives in the area, expressed his concerns with the traffic the project may generate and also the fact when the new Central High School is completed it would generate more traffic problems. It was moved by Com. Smith, seconded by Com. Coward, to approve Resolution No. 07- 049, and; upon roll call, motion carried unanimously. 5.I GROWTH MANAGEMENT Petition of Indrio Groves Land Trust for a change in zoning to the PUD zoning district and Preliminary Planned Development Site Plan approval for the project known as Indrio Groves and Draft Resolution No. 07-050. The Growth Management Director addressed the Board on this item. Mr. Freddie Vargas, Traffic Engineer, addressed the Board and stated he was asked to review the traffic numbers for the area. He reviewed the 4 scenarios for the Board (see attachment). The Growth Management Director stated the roadway cannot be implemented. This does not meet concurrency based on Mr. Vargas’s report and believes it cannot be approved without some improvement and analysis. There is a lot that needs to happen. Com. Coward questioned if they were made aware of this why has this project been brought before the Board. This project is not meeting many requirements. 10 The Growth Management Director stated the applicant requested it be brought before the Board and there is a time constraint with regards to the TVC Land Development Codes. They have 20 working days to find completeness and 20 days to go to the DRC on an application and this works out to 60 calendar days. They have not exceed the 60 threshold on anything, except in the January 4, DRC meeting, the letter went out on the rd 23, all the actions required to be taken by code were done accordingly on a timely basis. You can see the date when the DRI was withdrawn and there was a question if we should be processing the PUD and the DRI at the same time. The DCA stated they could not be processed at the same time unless they had a preliminary development agreement for the PUD. The RPC also made that comment. Resolution No. 07-050 states it should be denied as the recommendation. The Growth Management Director stated this project does not meet concurrency. Com. Coward pointed out this project does not provide adequate right of way. He stated the project does not meet the basic purposes or the basic open space requirements and other requirements. Mr. Gary Hunter, representing the applicant, addressed the issue and stated other projects like the Rocking Horse Ranch PUD had been approved without the requirements. He felt every issue about this project had been received with negativity. He also addressed the Plantation PUD project approved by the Board and their similarities. He was advised they had to a PUD in order to develop this site. He was told later they could now do a “By Right “ application. Mr. Hunter continued to present his case and gave a history of when they presented the application for the PUD and the traffic issues. He stated there are letters from Mr. Vargas that he agreed with their traffic analysis. Mr. Hunter stated he did not have a problem in going back to the “By Right” if the County would acknowledge they made a mistake in letter form. They will process as diligently as can be done a By Right Site Plan and he believes in all fairness he has a right to do so. Com. Craft stated he saw the site plan for the first time on Monday and did not have an opportunity to digest it. Had the applicant met with him previously they would not be where they are today. Mr. Hunter stated the By Right Site Plan was submitted but rejected by the County. For the first time he heard 3 weeks ago they could have done a By Right and he has always felt they could do a By Right application. He offered to go back and do a By Right Site Plan. He would withdraw this application and come back with the By Right Plan this is what he is offering. Com. Craft stated after all the testimony tonight he would be willing to accept the withdraw. Mr. Steve Kaufman requested an indefinite date extension as to the August 15 TVC deadline due to the error committed and they will come back in 60 days with a By Right application. He is requesting relief from the deadline of August 17, 2007. Con. Grande requested the term By Right not be utilized and use straight zoning because this is what it really is. Com. Coward stated he would support the withdraw and would also like to leave the PUD option open. Com. Grande reminded the applicant the straight zoning plan is looked at very hard by this Board. 11 Ms. Pam Hammer, Reserve resident, addressed the Board and stated she was fraustrated . She felt as if they pushed the envelope and then decided to pull it off the agenda after the individuals had sat there for 8 hours. Mr. Wally Surge, Spanish Lakes Fairways, addressed the Board and stated they do not have a problem with the project if it is done properly, however he does not believe 900 homes would not affect the area. If a bridge was needed who would build it. He stated the County needed to do something about Indio Road to alleviate the traffic in the area. Mr. Ed Spangler, Spanish Lakes Fairways Homeowners Association, addressed his concern with the project. He does not believe adequate capacity on the roads is enough. He is also concerned with the water supply at their water plant and asked the Board consider the traffic issues. Quasi Judicial Commissioner Lewis and Com. Craft acknowledged they spoke with the client. It was moved by Com. Grande, seconded by Com. Lewis to accept the applicant’s offer to withdraw subject to allowing the client file an application on a straight re-zoning or the site plan under the current zoning PUD within 60 days and further contingent upon the applicant and staff processing the application in a timely manner and provide relief from the deadline of August 17 date as long as they proceed to file in good faith, and; upon roll call, motion carried unanimously. 5.J GROWTH MANAGEMENT Reserve Homes (File No. DRI-PC 320071084) Consider staff recommendation that the applicant provide a Notice of Proposed Change application that includes only those changes that would implement the Settlement Agreement. Staff recommends that the traffic related changes be processed as a Development of Regional Impact application to amend the Development Order through the TC Regional Planning Council. Also consider staff recommendation that the Commission find the application for the Notice of Proposed change for the Reserve DRI to be a substantial deviation. It was moved by Com. Lewis, seconded by Com. Grande to continue this issue to a date uncertain, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS 6. COUNTY ATTORNEY River Landing PUD – Proposed Purchase- Staff recommends the Board determine whether to proceed with the purchase of the property. After a brief discussion, no action was taken. 7. GROWTH MANAGEMENT Petition of Mercedes Homes for final plat approval for the project known as Celebration Pointe PUD. Ms. Cynthia Angelos requested this item be approved today the applicant has been waiting for some time for this approval. Com. Craft stated he would prefer to have it continued with the other item. It was moved by Com. Grande, seconded by Com. Smith to continue this item on May 22, 2007 at 9:00 a.m., and; upon roll call, motion carried unanimously. 12 C2-C It was moved by Com. Grande, seconded by Com. Coward to revoke the approval of item C-2C and continue it on May 22, 207 at 9:00 a.m. and; upon roll call, motion carried unanimously. 8. GROWTH MANAGEMENT Petition of Mercedes Homes for a review of the proposed landscape plan for the project known as Celebration Pointe PUD located at the southeast corner of the intersection of Peterson road and South Jenkins road- Consider staff recommendation to review the proposed landscape plan and direct staff accordingly. The Growth Management Director reviewed the landscape plan. Ms. Cynthia Angelos representing Mercedes Homes addressed the Board and stated the enhanced landscape plan has been prepared. They met with the residents with regard to the berm and determined if it was too high it would cause Erosion problems and this is why it was determined to stay as presented. With regard to the trees, they have increased them in diameter and enhanced the height. Mr. Michael Taylor, Mercedes Homes, commented on the berm and stated the landscaping has been designed to mask the front façade of the single family residences. Ms. Angelos stated the berm takes up all the area allocated. The Growth Management Director stated in reviewing the landscape plan, the trees do not meet the minimum standard required by code based on the formula, they are just under it. There are defects in the plan and felt it should not be approved until he and the Environmental Director take a look at it. Com. Craft requested a continuance on this item at a morning meeting. It was moved by Com. Smith, seconded by Com. Grande, to continue this item on May 22, 2007 at 9:00 a.m., and; upon roll call, motion carried unanimously. ADDITIONS RA-1. COUNTY ATTORNEY House Bill 529 Relating to Cable TV/Video Service Franchises- Consider staff recommendation to authorize the Chairman to sign a letter to Governor Crist that he veto House Bill 529. It was moved by Com. Grande, seconded by Coward, to authorize the Chairman to sign the letter to Governor Crist requesting he veto House Bill 529, and; upon roll call, motion carried unanimously. RA-2. COUNTY ATTORNEY Ordinance No. 07-036 Cardroom Gaming of Puri-Mutuel Facilities – Consider staff recommendation that the Board determine whether to grant permission to advertise Ordinance No. 07-036. Mr. Ed Becht, attorney for applicant, stated there was meeting scheduled this Monday and if the County requested feed back it may be presented then. He sated the County Administrator had contacted the City of Ft. Pierce City Manger and he requested it move forward. 13 Com. Coward stated he would be voting against this issue due to the fact he felt it was an issue that should be decided by the City of Ft. Pierce since it was within the city limits. It was moved by Com. Grande, seconded by Com. Smith, to grant permission to advertise Ordinance No. 07-036, and; upon roll call, motion carried unanimously. There being no further business to be bought before the Board, the meeting was adjourned. _________________________ Chairman _________________________ Clerk of the Circuit Court 14