Search terms: * |
BOOK - 2005R - B.O.C.C.-----------------------------------
-----------------------------------------
-----------------------------------------
---PAGE: 322
MAY 16, 2007
The
Zoning Meeting
of the
was held this date with the following
Commissioners present:
The Chairman called the meeting to order at 9:30 a.m.
A COPY OF THE
HEARING EXAMINER’S RECOMMENDATION
IS ON FILE IN THE MINUTES
OFFICE.
REQUEST: Amend the Mixed Use Planned Development (MPD), formerly known as Portofino, to
convert 267,000 square feet of non-retail commercial uses to 40,000 square feet of retail
commercial uses, for a total of 100,000 square feet of retail commercial; add
commercial uses including, but not limited to: Animal Clinic or Kennel, Car Wash,
Department Store, Fire Station, and Lawn and Garden Supply Store; retain 670 dwelling
units; and reconfigure the Master Concept Plan to accommodate the revision.
LOCATION: The subject property is located as follows: from Alico Road at U.S. 41, south 1,000 feet
STRAP NUMBER: The applicant indicates the STRAP number is:
07-46-25-00-00005.0000
SIZE OF PROPERTY: 153.2± acres
Development Services Senior Planner Alvin (Chip) Block reviewed the request for the Board; stated the Hearing
Examiner and Staff recommend conditions, including a “special case” finding; and noted there was one Participant of
Record. Commissioner Judah stated he did not find this to be a “special case”, expressed concern about not having
two connections to an arterial, and asked if the frontage road with its issue of the billboard had been resolved. Zoning
Senior Planner Jeff Laurien confirmed the billboard issue was not resolved at this time. Discussion ensued over the
Hearing Examiner’s recommendation to tie into Hidden Harbor’s access road. In response to Commissioner Judah’s
inquiry about the billboard being on a County right-of-way, Mr. Laurien explained it was approved by mistake; and
Assistant County Attorney Timothy Jones opined that, if a mistake was confirmed, the solution might be to buy the
billboard. Attorney Neale Montgomery, of the law firm of Pavese, Haverfield, Dalton, Harrison & Jensen,
representing the applicant, affirmed the access road would not tie into Alico Road, but would align with the Metro
Parkway Realignment; expressed uncertainty to whether a permit was obtained for the billboard; and encouraged the
County to pursue code enforcement so that this right-of-way could be used. Commissioner Albion suggested a Plan B
be implemented, in case the billboard situation is not resolved. so the applicant’s ability to improve the property is not
hindered. In response to Commissioner Hall’s comments regarding access from Hidden Harbor, Attorney Jones
pointed out US 41 is a state road controlled by FDOT, leaving the county without regulatory control over access road
designation. Following further discussion between the Board members and staff concerning the billboard, it was
agreed to bring the issue to the regular meeting on May 17, 2005, where direction could be given on the matter. The
Chairman called the name of the participant; however, no one came forward. Commissioner Judah moved the
Hearing Examiner’s recommendation, seconded by Commissioner Hall, called and carried. Mr. Block noted that
appropriate personnel would be briefed and ready for discussion at the regular meeting.
RESOLUTION NO. Z-05-022
----------------------------------------
--------APPROVED MINUTES OF 051605Z----------------------------------
------------------------------
BOOK - 2005R - B.O.C.C.-----------------------------------
-----------------------------------------
-----------------------------------------
---PAGE: 323
NAME: River Pointe
REQUEST: Rezone 39.91± acres, from the Agricultural (AG-2) zoning district to the Residential
Planned Development (RPD) zoning district, to allow 140 single-family residential
dwelling units and an amenity center, all not to exceed 35 feet (two stories) in height.
(District #5).
STRAP NUMBER: The applicant indicates the STRAP number is:
21-43-26-00-00026.0010
SIZE OF PROPERTY: 39.91± acres
PROPERTY OWNER'S
Barraco and Associates, Inc.
239-461-3170
Development Services Senior Planner Alvin (Chip) Block reviewed the request for the Board; noted that Staff
recommended approval with conditions; and stated that the Hearing Examiner recommended approval with
conditions, including a reduction in the density of the project from 3.5 to 3.0 units per acre (u/a), with adjustments in
lot sizes. Attorney Neale Montgomery, of the law firm of Pavese, Haverfield, Dalton, Harrison & Jensen,
representing the applicant, stated they were in agreement with the Staff recommendations; and pointed out
disagreement with the Hearing Examiner. She provided a
handout
(copy is on file in the Minutes Office) quoting a
section of the Hearing Examiner’s report that Staff recommended a density of 3.5 u/a as compatible for this
development; and noted Morse Shores, with zoning of RS-1, with lots approximately 75 to 100 foot wide, and an
average of 3.5 u/a. After describing the proposed buffer and building height conditions, Attorney Montgomery stated
this type of buffer is required between residential and commercial. She presented a
handout
of suggested conditions
relating to lot size and setbacks to address Mr. Wise’s concerns (copy is on file in the Minutes Office). She then
provided a third
handout
containing two items of disagreement with the Hearing Examiner’s recommendation on page
3 of the report regarding lot widths and density (copy is on file in the Minutes Office). Attorney Montgomery pointed
out that the proposed development would not have drainage issues because of the planned water management system,
and noted an amenity center would reduce trips off site. Commissioner Albion expressed his understanding that the
Hearing Examiner was very succinct in stating concerns about the density, based on the sub-standard roadways that
directly surround this project; not necessarily the level of service, but the width of the lots and lack of sidewalks.
Metro Transportation Group Engineer Ted Treesh advised he had visited the area and found the roads in good
condition, but narrow in width and lacking pedestrian sidewalks. In response to Commissioner Albion’s inquiry
regarding the Hearing Examiner’s conclusion, Mr. Treesh stated the streets could be widened a little, but if widened
might encourage increased speed. Commissioner Albion stressed the residents’ inability to get out of harm’s way on
narrow streets, and the possible dangers of falling into some of the deep swales along the roadway. Development
Solutions LLC President Ronald Inge noted that the swales were shallow, and volunteered to work with DOT to add
speed bumps or stop signs if necessary. The Chairman called for the Participants of Record; and the following
residents came forward to express their concerns regarding the project:
Morse Shores resident Scott Marhenke pointed out his property on a map; stated it was adjacent to the
Boulevard, is platted at eighty feet and labeled as a boulevard. He further noted
the homes on Webber Boulevard are on lots eighty foot wide on both sides of a
road that is eighty feet wide, and described the dangerous intersection on Old
Olga Road and the insufficient traffic control in this area.
Morse Shores resident Robert Wise, an owner of five acres west of and adjacent to the subject property,
stated his property is zoned RS-3; and agreed with the Hearing Examiner that
allow more participants.
Mr. Inge, addressing the community roadways, indicated that two meetings were held with area residents; and that the
following issues were raised: low income housing, access impacts to Mr. Wise’s property, and water access. He
further described the proposed entrance/exit on Bigelow Road and the egress point on Barcelona Road to disperse the
traffic. Mr. Inge also stated that the amenity center and proposed boat ramp would not be open to the general public.
Commissioner Judah commended the Hearing Examiner for the details put forth, and for compromising, as 3.0 u/a
----------------------------------------
--------APPROVED MINUTES OF 051605Z----------------------------------
------------------------------
BOOK - 2005R - B.O.C.C.-----------------------------------
-----------------------------------------
-----------------------------------------
---PAGE: 324
was generous for an area considered to be rural; and further noted he would not support more than the recommended
3.0 u/a. Discussion ensued between Commissioner Albion and Mr. Inge on the variety of lot sizes in the existing
neighborhoods and the lack of water management features. Development Services Planner Bryan Kelner and
Commissioner Albion had a detailed conversation about the building plans and density variations. Commissioner
Judah referenced the Hearing Examiner’s report, which stated 6,500 square foot lots with 10 foot separation between
buildings was too dense in comparison with area’s average of 10,400 to 12,000 square foot lots. Commissioner Janes
commented on the importance of keeping the area rural, and supported the Hearing Examiner’s recommendation,
agreed with the recommendations the applicant provided with the five conditions, and asked if it was still feasible with
3.0 u/a. Commissioner Judah moved the item, with five conditions as presented by the applicant, including the
density of 3.0 u/a, seconded by Commissioner Janes. Commissioner Hall indicated she had a hard time understanding
how the elimination of 20 houses would change the traffic impact. Commissioner St. Cerny opined it was an
equitable compromise, added the Hearing Examiner was concerned enough to perform a site visit, and supported the
motion as presented. Discussion followed concerning the applicant’s proposed five conditions. Mr. Inge indicated
that expanding the lot sizes to 70 feet and building a buffer wall would be overkill. Commissioner Albion noted a
possible inequity issue, and suggested the Staff recommendation with buffering or the Hearing Examiner’s
recommendation with no buffering. Attorney Jones pointed out the buffering is not in response to the gross density
issue, but the different sized lots and spacing of homes. The motion was called and carried with Commissioner Hall
and Commissioner Albion voting nay.
RESOLUTION NO. Z-05-020
The Chairman adjourned the meeting at 10:41 a.m.
----------------------------------------
--------APPROVED MINUTES OF 051605Z----------------------------------
------------------------------