PASCO COUNTY, FLORIDA

INTEROFFICE MEMORANDUM

TO:        Honorable Chairman and                               DATE:    8/16/02              FILE:   DV02-215

Members of the Board of

County Commissioners

THRU:    Bipin Parikh, P.E.                                           SUBJECT:    Request for Administrative Appeal -

Assistant County Administrator                                           Oakstead, Parcels 5A and 5B

(Development Services)                                                      Hearing Date:  8/27/02

FROM:   Cynthia M. Jolly, P.E.                                      REFERENCES:  Comm. Dist. 2

Development Director                                                                 TAZ #158

APPLICANT:  Keith Bricklemyer, Attorney for DEVCO IV, LLC

APPLICATION:  Administrative Appeal

LOCATION AND DESCRIPTION:  The property is located on the north side of S.R. 54, approximately one-half mile west of Wilson Road, Sections 15 and 22, Township 26 South, Range 18 East.  Oakstead, Parcels 5A and 5B, is a 206-lot subdivision approved by the Development Review Committee (DRC) on June 20, 2002, with conditions.  Condition No. 20 states:

"Prior to construction plan approval, the developer shall provide a revised tree plan in accordance with the Tree Protection and Restoration Ordinance.  Based on information provided by the engineer, developable acreage requires an additional 513 trees to be planted within the project boundaries.  It is recommended that, where practical, said trees are to be located adjacent to the established wildlife corridor to provide a buffer, particularly where rear of lots and road rights-of-way abut the said corridor.  Following this suggestion, the developer will be enabled to follow the suggested guidelines of MPUD Condition No. 32.h.  The said plan shall be submitted to the Development Review Division (DRD) for review and approval."

ZONING DISTRICT:  MPUD Master Planned Unit Development

LAND USE CLASSIFICATION:  RES-3 (Residential - 3 du/ga)

EXPLANATION OF APPEAL:  Mr. Keith Bricklemyer, Attorney for DEVCO IV, LLC, is appealing Condition No. 20 of the DRC action of June 20, 2002 (DR02-1184).  Mr. Bricklemyer states "Condition No. 20 establishes requirements for an excessive number of trees to be planted on these parcels."

FINDINGS OF FACT:

1. The preliminary plan has been reviewed by the Growth Management Department for compliance with the Pasco County Land Development Regulations, Section 500, Zoning, and the Comprehensive Plan and was found to be consistent with Section 500, Zoning, and the Comprehensive Plan.

2. The preliminary plan for the above-subject project was prepared for DEVCO IV, LLC, by Heidt and Associates, Inc., and consists of two sheets dated November 28, 2001, and was last revised on June 17, 2002.  The plan was originally received by DRD on January 8, 2002, and final revisions were received on July 9, 2002.

3. Access to the property is from S.R. 54, an existing, paved road that is maintained by the Florida Department of Transportation (FDOT) with 125 feet of right-of-way and Lake Patience Road, a proposed, paved road that will be County-maintained with 100 feet of right-of-way.

4. This parcel contains a portion of the wildlife corridor as required within the Stipulated Settlement Agreement for Oakstead (Case No. 99-8148-CA, signed May 10, 2000).

5. On June 20, 2002, DRC approved the preliminary plan with conditions.

6. On July 5, 2002, DRD received a request for an administrative appeal to the Board from Keith Bricklemyer, attorney for the developer.

7. On July 18, 2002, the owner's/developer's acknowledgment for DR02-1184 was returned with the notarized signature of Donald Buck.

8. On July 19, 2002, DRD received the revised tree plan and construction plans for Oakstead, Parcel 5.  Both plans are currently under review.

9. On July 25, 2002, DRD received a request for a rebuttal to DRC from Keith Bricklemyer, attorney for the developer.

10. On August 2, 2002, DRD received a legal opinion from the Pasco County Attorney's office relating to DRC's lack of authority to grant the relief requested by the developer in the Notice of Rebuttal (CAO02-0530).

11. On August 8, 2002, Keith Bricklemyer, attorney, submitted a letter withdrawing the rebuttal which was approved by DRC (DR02-1449).

ALTERNATIVES AND ANALYSIS:

Based upon the above and/or documentation on file, some of the alternatives available to the Board of County Commissioners are:

1. Deny the applicant's request and uphold the June 20, 2002, DRC decision.

2. Reverse DRC's decision of June 20, 2002.

3. Take alternative actions as the Board determines.

RECOMMENDATION:

The Development Review Services Department recommends the Board approve Alternative No. 1.

ATTACHMENTS:

1. Location Maps

2. Preliminary Plan (Reduction)

3. Oakstead, Parcels 5A and 5B, and Lake Patience Road, Second Extension, Preliminary Plan Conditions of Approval (DR02-1184)

4. Application for Appeal

5. Verbatim Transcript of the June 20, 2002, DRC Decision

6. Excerpts of the Tree Protection and Restoration Ordinance

7. MPUD Master Planned Unit Development Conditions of Approval (Petition No. 5458)

8. County Attorney's Office Legal Opinion Memorandum No. CAO02-0530

CMJ/RGL/DS/dr/oakstd17/29

APPROVED AGENDA ITEM FOR

DATE

BY