BY COMMISSIONER                                                                                            RESOLUTION NO.                       

 

 

A RESOLUTION AMENDING RESOLUTION NO. 82-147, AS AMENDED, REVISING THE CONDITIONS OF DEVELOPMENT APPROVAL FOR THE BEACON WOODS EAST DEVELOPMENT OF REGIONAL IMPACT AND DETERMINING THAT THE PROPOSED CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION TO THE APPROVED DEVELOPMENT ORDER; PROVIDING AN EFFECTIVE DATE.

 

 

WHEREAS, on August 31, 1982, the Board of County Commissioners of Pasco County adopted, by Resolution No. 82-147, a Development of Regional Impact/Development Order (DRI/DO) approving, with conditions, the Beacon Woods East DRI for the real property described in Exhibit "A" attached hereto; and,

WHEREAS, on January 3, 2002, Pasco County received a Notice of Proposed Change (NOPC) pursuant to Section 380.06(19), Florida Statutes, filed by Hardy H. Huntley, owner of a parcel of property within the Beacon Woods DRI, a legal description of which is attached hereto as Exhibit "B" ("The Huntley Parcel"); and,

WHEREAS,  the NOPC application requested a six (6) year extension of the build-out date for the Huntley Parcel only to December 15, 2005, as well as a corresponding extension of the duration of DO to December 15, 2005, to allow development to proceed on the Huntley Parcel; and,

WHEREAS, the Board of County Commissioners of Pasco County makes the following findings of fact:

1.                     The applicant has submitted NOPC simultaneously to the Pasco County Growth Management Department, the Tampa Bay Regional Planning Council (TBRPC), and the Florida Department of Community Affairs (FDCA).

2.                    The proposed change was reviewed by all applicable agencies and would grant an extension of the build-out date to December 15, 2005, only for the Huntley Parcel.

3.                    DRI/DO was approved by Resolution No. 82-147 on August 31, 1982.  This approval originally granted development approval for 4,483 dwelling units; 300,000 square feet of office; 390,000 square feet of commercial; and miscellaneous recreational, public, and open space uses.

4.                   The following is a chronological summary of DO changes that were approved since the original DRI/DO approval:

a.                    Resolution No. 87-108, March 1987:  Approved amendments to DRI/DO to incorporate land use changes and revised approval conditions, including the following:

(1)                Realigned Harper-Hamilton Road to the south to accommodate a planned golf course in the northern part of the property.

(2)               Replanned areas north of the new alignment to include an 18-hole golf course and revised unit mix-densities for residential villages (total units unchanged).

(3)               Eliminated a fifteen (15) acre school site and provided for an Eighty Thousand and 00/100 Dollars ($80,000.00) donation as substitute mitigation.

(4)               Eliminated a small, community-service site (public safety) and required a Twenty-Five and 00/100 Dollars ($25.00)-per-unit payment for public safety facilities as an alternate mitigation.

(5)               Established a Fifty and 00/100 Dollars ($50.00)-per-unit fee and a .01-acre/unit park dedication for parks/recreation impacts.

(6)               Provided for residential-care facilities in multifamily areas.

(7)               Set procedures/requirements for submittal of the Master Drainage Plan and Incremental Drainage Plans.

b.                     Resolution No. 88-203, May 1988:  Revised the plan to provide increases in single-family acreage and units with corresponding decreases in multifamily acreage/units (no net increase in units) and increased the acreage designated as golf course.

c.                    Resolution No. 89-160, April 1989:  Amended DRI/DO to establish a security fund to provide financing for the widening of Hudson Avenue and/or Little Road within the project until such time as the County determines that the developer's obligation for such widening has been satisfied.

d.                    Resolution No. 90-91, February 1990:  Approved a DRI Substantial Deviation which incorporated previous nonsubstantial DRI changes, increased commercial acreage to 53.7 acres (no floor-area increase), revised special protection areas, extended the build-out date to 1994, and changed the type and configuration of conservation areas.

e.                    Resolution No. 94-277, July 1994:  Amended DRI/DO to extend the project build-out date from the original date of December 31, 1992, to December 15, 1997, and to extend the duration of DRI/DO until December 15, 1997.

f.                     Resolution No. 99-161, April 27, 1999:  Amended DRI/DO to extend the project build-out date from the amended date of December 15, 1997, to December 15, 1999, and to extend the duration of DRI/DO until December 15, 1999.

5.                    The Pasco County Board of County Commissioners is the local governing body having jurisdiction over the review and approval of DRI/DO in accordance with Section 380.06, Florida Statutes.

6.                   The Board of County Commissioners of Pasco County has given fifteen (15) days' notice of NOPC and held a  public hearing on September 4, 2002.

7.                    Both TBRPC and FDCA were notified of the public hearing so both could participate if so desired.

8.                   At the public hearing, all parties and members of the general public were afforded the opportunity to present evidence and argument on all issues and submit rebuttal evidence.

9.                    The Board of County Commissioners has received and considered the recommendations of the Pasco County Growth Management Department, the Development Review Committee, and all reviewing agencies.

10.                 The proposed extension requested by the applicant is being granted only for the Huntley Parcel due to conditions that are unique to the applicant's property which do not exist for other properties in DRI, including the unique circumstances listed on Exhibit "C" attached hereto and incorporated herein.

11.                   A traffic analysis for the proposed 30,250 square feet of retail development for the Huntley Parcel was performed and then reviewed by TBRPC, the Florida Department of Transportation, and the County.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pasco County, Florida, in regular session duly assembled that:

1.                     The above-referenced proposed change to the Beacon Woods East DRI is not a substantial deviation and, therefore, does not require further DRI review pursuant to Chapter 380.06(19), Florida Statutes, as amended.

2.                    The proposed change to the Beacon Woods East DRI is approved only for the Huntley Parcel.  Any future modifications to the Beacon Woods East DRI, including any request to extend the build-out date for other properties in DRI, will require a traffic analysis performed in accordance with Section 380.06, Florida Statutes.  No additional DOs shall be issued for other properties in DRI until such analysis is performed and approved by the County as part of NOPC to DRI.

3.                    Resolution No. 82-147, as amended, is hereby amended as follows:

a.                    The extension of the currently approved build-out date for the Huntley Parcel by an additional six (6) years from December 15, 1999, to December 15, 2005, is hereby approved and the said extension shall only apply to the Huntley Parcel.

b.                     The extension of the expiration date of DO from December 15, 1999, to December 15, 2005, is hereby approved for the Huntley Parcel only.

c.                    Sections C.1.a and F of Resolution No. 82-147, as amended, are hereby amended to read as follows:

                                                Section C.     Specific Conditions Restricting Development

(1)                Phasing Schedule and Approvals

(a)               Any change to the project which departs significantly from the parameters set forth in the phasing schedule below shall require a substantial deviation determination, pursuant to Section 380.06(19), Florida Statutes.

 

DRI #203 - PHASING SCHEDULE (BUILD-OUT: 1999)

 

 

Area/Use

 

 

Existing

 

Phase I

(1981-82)

 

Phase II

(1983-87)

 

Phase III

(1988-05)*

 

 

Total

 

 

Unit

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Residential

 

 

 

 

 

 

 

 

 

 

 

 

 

Single-Family

 

540

 

417

 

277

 

1,509

 

2,743

 

DU**

 

Multifamily

 

 

 

 

 

 

 

1,357

 

1,357

 

DU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Residential Subtotal

 

540

 

417

 

277

 

2,866

 

4,100

 

DU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commercial

 

 

 

 

 

 

 

380,000

 

380,000

 

SF***

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Professional Office

 

 

 

 

 

 

 

390,000

 

390,000

 

SF

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Community Service

 

 

 

 

 

6

 

 

 

6

 

A****

 

Library

 

 

 

 

 

32,000

 

 

 

32,000

 

SF

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Recreation/Open Space

 

 

 

 

 

 

 

 

 

 

 

 

 

Golf Course/Rec. Center

 

 

 

 

 

 

 

122.7

 

122.7

 

A

 

Club House

 

 

 

 

 

 

 

14,000

 

14,000

 

SF

 

Parks

 

 

 

 

 

19.1

 

 

 

19.1

 

A

 

Open Space Corridor

 

 

 

 

 

40.4

 

 

 

40.4

 

A

 

Buffers

 

 

 

 

 

10.0

 

 

 

10.0

 

A

 

Conservation

 

 

 

 

 

 

 

40.0

 

40.0

 

A

 

Lakes

 

 

 

 

 

27.9

 

 

 

27.9

 

A

 

*       -   (Note: Phase III build-out is extended to 2005 only for the Huntley Parcel; the build-out date for the remainder of Phase III shall remain December 15, 1999.)

 

**      -   Dwelling Units

***     -   Square Feet

****    -   Acres

 

a.                    Section F.           Duration