Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)(Late)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Pastor Tony Black, Sanford Church of Christ, gave the Invocation.

Chairman Carlton Henley led the Pledge of Allegiance.

The Chairman announced that Commissioner Maloy will be late in attending due to illness in his family.

Chairman Henley advised he asked that the resolution supporting the commuter rail option be prepared for discussion at this meeting. He said he feels it is time for the Board to consider this. He read the Resolution into the Record.

Commissioner Morris expressed his appreciation to Chairman Henley for introducing the resolution. He said this concept goes back about seven years and is an alternative to light rail - a total different concept. He stated this will be 1/10^th of the cost of light rail and it will run down I-4. If the program

is not successful, the cars can be resold. He added he strongly supports this.

Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-27, as shown on page ________, in support of a Central Florida Commuter Rail System.

Under discussion, Chairman Henley stated he was opposed to light rail because of the unpredictable cost. He said when right-of-way was purchased, which that plan called for, there was no way to predict the cost. Commuter rail does not have that problem. The cost is more predictable because the CSX rail will be used and the community will be not be disrupted. He further stated it appears I-4 will be widened which will force citizens to use other routes, such as County roads and U.S. 17-92. He added the resolution does not bind the Board to any costs in the future.

Commissioner Van Der Weide stated he will not be supporting the passage of the resolution and is disappointed these issues keep cropping up.

Chairman Henley said he appreciated Commissioner Van Der Weide's remarks. However, he stated the MPO authorized their Executive Director to begin discussions with the CSX.

Districts 2, 4 and 5 voted AYE.

Commissioner Van Der Weide voted NAY.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:

Districts 2, 3, 4 and 5 voted AYE.

DCM, Cindy Coto, addressed the Board to present the Mediated Settlement Agreement relating to Cone Constructors, Inc.'s construction claim on Sanford Avenue. She advised it is staff's recommendation that the County settle the claim in the amount of $1,331,000. She said all money would be going to the subcontractor, RKT Constructors, Inc. She also advised that the County entered into an interlocal agreement with the City of Sanford for utility work on this project. The City has verbally agreed to pay for 11% of the settlement amount or $77,000.

Commissioner Morris pointed out that Cone Constructors claimed that the engineering plans the County gave them were defective.

Upon inquiry by Commissioner Morris, Ms. Coto advised the engineering design company was Wantmann & Associates who is now out of business.

Brian P. Kirwin, the County's outside attorney, addressed the Board to advise Commissioner Morris that attorney fees for all entities in this matter are $275,000.

Commissioner Morris stated it was highly recommended by County staff to enter into this litigation because they believed the County would win the suit. He said now the County is settling because the engineering plans were eight years old and defective. He said he hopes staff has learned something from this.

Chairman Henley stated he thinks one of the biggest lessons to be learned is that you do not go forward with a set of old engineering plans.

Commissioner Van Der Weide stated he would support staff's recommendation; and added this is a company that makes their living out of suing people.

Commissioner Morris stated the Board has never heard why some years back all these engineering plans were let for roads that were five, six and eight years away from going to construction. He said he has his suspicions. However, he said staff needs to learn that something was fundamentally wrong for Cone to have been given these grounds to win this case. He added that government is faceless. However, he knows the people who let the contract and most of them are no longer with the County and there is a reason for that.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve Mediated Settlement Agreement, as shown on page ______, relating to Cone Constructors, Inc.'s construction claim on Sanford Avenue in the amount of $1,331,000.

Districts 2, 3, 4 and 5 voted AYE.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy entered the meeting at this time.

Senior Planner, Cindy Matheny, addressed the Board to present the Final PUD Master Plan for Astor Farms, located west of Orange Blvd. and north and south of Ohio Avenue, Harling Locklin & Associates. She advised that there is a change on page 2 of the Developer's Commitment Agreement. Section C (Maximum Density) should read 1.0 unit per net buildable acre within the Wekiva River Protection Area and 3.4 dwelling units per net acre outside the Wekiva River Protection Area.

Commissioner Morris left the meeting at this time.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the Final PUD Master Plan for Astor Farms, located west of Orange Blvd. and north and south of Ohio Avenue, Harling Locklin & Associates; and authorize the Chairman to execute Developer's Commitment Agreement, as amended, as shown on page ________.

Districts 1, 3, 4 and 5 voted AYE.

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Ms. Matheny presented the Final PUD Master Plan and Developer's Commitment Agreement for The Trails (f/k/a Seminole Oaks) located west of Snow Hill Road and east of Old SR 13, Commercial Realty Group.

Commissioner McLain left the meeting at this time.

Commissioner Morris re-entered the meeting at this time.

Ms. Matheny advised the applicant is requesting a reduction in the depth of double-frontage lots from the 150' Land Development Code requirement to 115 feet. She said six-foot high brick or masonry walls will be provided where double-frontage lots abut the Chuluota Bypass. She stated staff has no objection to that reduction. She further advised that the applicant is also requesting that the wall behind the double-frontage lots north of Brumley Road be only four feet in height. Staff has no objection where six-foot walls are provided, but would not support the requested reduction along Brumley Road.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final PUD Master Plan and Developer's Commitment Agreement, as shown on page _________, for The Trails PUD (f/k/a Seminole Oaks) located west of Snow Hill Road and east of Old SR 13, Commercial Realty Group, with staff recommendations.

Under discussion, Commissioner Morris stated he thought four-foot walls were eliminated from the Code. Whereupon, Mr. Dwyer stated there have been no Code changes relative to this; however, staff can take a look at that during the next Code update.

Districts 1, 3 and 4 voted AYE.

Commissioner Morris voted NAY.

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Principal Planner, Matt West, addressed the Board to present the Preliminary Subdivision Plan for The Trails PUD (f/k/a Seminole Oaks PUD) located west of Snow Hill Road and east of Old SR 13, Commercial Realty Group, Inc. He advised the staff is recommending approval, subject to the following: (1) Final Engineering Plans shall be revised to reflect the routing of the proposed force main, with easements through private property, as applicable; (2) Final Engineering plans shall be revised to reflect the new name for the subdivision; and (3) Provide listed species survey, letter of approval from the Florida Freshwater Fish and Game Commission regarding impacts to eagle nest in vicinity and copy of Environmental Resources Permit from St. Johns River Water Management District at the time of Final Engineering Review.

Commissioner McLain re-entered the meeting at this time.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan for The Trails PUD, located west of Snow Hill Road and east of Old SR 13, Commercial Realty Group, Inc., subject to staff conditions and recommendations.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Morris voted NAY.

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Mr. West presented the Preliminary Subdivision Plan for Falls Creek located on the west side of Mikler Road just south of Red Bug Lake Road, Suncoast Engineering. He advised the applicant is requesting a waiver to the Land Development Code Section 35.64 (c) to reduce the lot depth for the double frontage lots along the south side of Street A from 150' to 130'; and a waiver to eliminate the required four-foot high wall on the rear of the double frontage lots on the south and west sides of Street A. He said staff recommends approval of the double frontage lot depth reduction, but does not recommend the wall requirement waiver. He further advised that the applicant has indicated they would like to vacate the right-of-way to the south. If that happens, it would eliminate the need for the wall.

Commissioner Morris left the meeting at this time.

Glenn Semanisin, representing the developer, addressed the Board to state he has spoken with Florida Power and they have indicated they would like to provide an underground service so the right-of-way would not be needed. He further stated that once the subdivision is built, they intend to come in with a request to vacate the right-of-way. He committed to a 140-foot lot depth on the south side.

Commissioner Morris re-entered the meeting at this time.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan for Falls Creek located on the west side of Mikler Road just south of Red Bug Lake Road, Suncoast Engineering; and to grant waiver to the Land Development Code reducing the lot depth for the double frontage lots along the south side of Street "A" from 150' to 140', subject to a six-foot masonry wall that will no longer be required if the right-of-way is vacated.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Mr. West presented request for waivers to the Land Development Code requirements for the Lakeshore Apartments (John Ceconi) as follows: (1) Reduce the required number of parking spaces from 18 spaces to 13 parking spaces; and (2) Decrease the number of required canopy trees in the active/passive buffer design standards. He advised the property is located on the north side of 4^th Street, east of SR 419, and north side of Lake Catherine in Chuluota. The site was previously utilized as an Assisted Living Facility with 12 beds; and the DRC approved a site plan to convert the existing building to a 7-unit apartment complex. He gave a history of the property, advising on June 29, 1999, the Current Planning Manager approved two administrative waivers to reduce the number of off-street parking spaces and to reduce the landscape requirements for active/passive buffers. He reviewed the Land Development Code requirements. The applicant is now wanting to add two units taking the total to nine.

Mr. West stated staff recommends denial of the request to utilize 13 parking spaces for 9 living units, which is a deficiency of five parking spaces. He said there is no room on the site for overflow parking and the deficiency may cause a hardship for adjacent property owners. Staff also recommends denial of the request to reduce the number of required trees to three trees per 150 linear feet and to substitute sub-canopy trees for canopy trees in the north buffer area.

John Ceconi, applicant, addressed the Board to state because of the economics of the project, he needs the extra units. He stated he will restrict the residents to one car per studio unit. He said the complex will have five studio units, three one-bedroom units and one two-bedroom unit for a total of nine units. Copy of information packet was received and filed.

Planner, Cynthia Sweet, addressed the Board to state there is no room left on site to add additional parking spaces in order to meet the County's Code. Discussion ensued.

Commissioner Van Der Weide stated he feels the Board needs to readdress the parking code because he does not believe they are wide enough.

Chairman Henley stated he is concerned with the request because he feels the neighbors might be burdened if adequate parking is not required. He also expressed his concern that the large oak is being taken out and there is a request to reduce the amount of foliage and trees at the same time.

Commissioner Morris stated it is not the responsibility of the Board to make a project financially viable by throwing out the Code.

District Commissioner Maloy suggested continuing this item so that the applicant can meet with staff to see if something can be worked out.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue for two weeks, consideration of request for waivers to the Land Development Code requirements for the Lakeshore Apartments (John Ceconi), as follows: (1) Reduce the required number of parking spaces from 18 spaces to 13 parking spaces; and (2) Decrease the number of required canopy trees in the active/passive buffer design standards.

Under discussion, Commissioner McLain expressed his concern with only having access to the rear of the units. He said it looks to him that the applicant is trying to cram too much onto the site.

Upon inquiry by Commissioner Morris, Commissioner Maloy stated the two weeks will give the applicant an opportunity to take the Board's input and offer an alternative plan to the staff. He added that Mr. Ceconi has been a good steward in fixing up the property and he would like to give him an opportunity to work this out.

Commissioner McLain stated he would like to know if the County Code has a minimum square footage living space requirement.

Districts 1, 2, 3, 4 and 5 voted AYE.

Program Manager, Colleen Rotella, addressed the Board to state in November, 1999 the Board directed staff to put together a list of recommendations regarding the prioritization of expenditures as it relates to the remaining Natural Lands bond funds. She gave a slide presentation showing a brief overview of the program to date.

Ms. Rotella advised $5.2 million is remaining in the program. She further advised that there has been a proposal to come forward recently regarding a public/private partnership with a private developer concerning 230 acres on the Wekiva River surrounding the Hutchison property. The proposal is for 100 acres on the frontage to create a greenway corridor and provide public access to the river, with the remainder of the property to be developed by the private developer. She stated Ryland Homes has approached the County and submitted a proposed site plan.

Commissioner Van Der Weide left the meeting at this time.

Ms. Rotella continued, saying the proposal is for an easement over development rights. This would allow the County to expand the Hutchison property and provide additional public access to the River.

Upon inquiry by Commissioner Morris, Ms. Rotella advised the proposed density would be one unit on half-acre lots with a net density of one dwelling unit per acre. Whereupon, Commissioner Morris stated that does not look like a good deal to him. He said this would breach the wetlands and there is the issue of half-acre lots abutting up to one-acre lots.

Upon inquiry by Chairman Henley, Ms. Rotella advised staff has not contacted the Friends of the Wekiva nor any other environmental organization regarding this proposal.

Ms. Rotella stated if the Board is interested in the proposal, she would recommend a window of no longer than two months to make a final decision.

Commissioner Morris stated he is skeptical of this proposal and believes the County needs to move along with other issues.

Commissioner Maloy stated he is not opposed to finding out more information, but he cannot see purchasing property that cannot be built on anyhow.

Commissioner McLain stated he does not have any objections to finding out more information even though he has some reservations about the proposal.

The Chairman advised the majority consensus of the Board is to bring back more information on the public/private partnership proposal on the Wekiva River property.

Commissioner Morris stated he believes the County has other priorities and does not feel the Board should delay spending the remaining funds.

Commissioner McLain stated he believes what the Board is saying is that they do not want to close the door on the proposal.

Commissioner Van Der Weide re-entered the meeting at this time.

Ms. Rotella continued with her presentation and discussed Tilden Grove, the Lansing property, the Lee property, Hiley's Fish Camp, and Clifton Springs. She advised that staff does not recommend continuing to work on Clifton Springs. She explained that the property owner is willing to sell only 2.5 acres of the 7 acres for $295,000 (not including the spring heads).

Upon inquiry by Commissioner Morris, Ms. Rotella advised staff had had discussions with the St. Johns River Water Management District, but they are not interested in co-purchasing the property. They are only interested in any water resource related projects.

Commissioner Morris stated that does not sound like what Mr. Henry Dean told the Board. Discussion ensued.

Ms. Rotella reviewed the Acquisition Summary and Management and Public Access slides with the Board.

Discussion ensued with regard to the cost of the resident houses. Commissioner Maloy stated he would rather see this money go to the purchase of more land.

Commissioner McLain concurred, stating he is concerned with the nature of the construction, the size and the impact to the environment. He said he believes the Board needs to make some policies concerning these houses. He stated he does not know why the County is allowing domesticated animals in the natural lands.

Jim Duby, Comprehensive Planning, addressed the Board to advise the resident houses are needed to prevent dumping and illegal activities on the land.

Ms. Rotella stated staff agrees that the cost of the first resident house was at a premium. She said they will work with Administrative Services, so the cost should come down.

Commissioner Morris stated he would like to see the entire management plan back in front of the Board for further consideration. Whereupon, the Board concurred.

Motion by Commissioner McLain to remove $1.5 million from the Wekiva Greenways Site; adding $750,000 to the Management/Improvements Fund for a total of $2,250,000; and adding the other $750,000 to additional land acquisition.

Commissioner Morris seconded the motion, with clarification that $750,000 for additional land acquisition will be used for any acquisition the Board decides. The Board concurred.

Districts 1, 2, 3, 4 and 5 voted AYE.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve and authorize the following:

Districts 1, 2, 3, 4 and 5 voted AYE.

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The Board noted, for information only, the following Clerk's "received & filed":

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The Board, thereupon, recessed at 11:50 a.m., reconvening at 1:30 p.m. with all Commissioners (with Commissioner Maloy entering late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon, who were present at the Opening Session.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to authorize filing the proofs of publication for this meeting’s scheduled public hearings.

Districts 2, 3, 4, and 5 voted AYE.

Commissioner Maloy entered the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning a portion of a drainage, utility and water easement located on Lot 10, Lake Brantley Club, Phase 1, also known as 325 Brantley Club Place, John and Evelyn Atkins.

Matt West, Principal Planner, addressed the Board to state staff is recommending adoption of the resolution to clear the title to the property.

Chairman Henley stated it seems this type situation with pools occurs quite frequently and he questioned if steps have been taken to insure these things no longer occur. Mr. West answered that the Development Review Office is reviewing these requests ahead of time so they can either get them vacated ahead of time or get the applicants to change their decision.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt appropriate Resolution #2000-R-28, as shown on page __________, vacating and abandoning a portion of a drainage, utility and water easement located on Lot 10, Lake Brantley Club Phase 1, also known as 325 Brantley Club Place; as described in the proof of publication, John and Evelyn Atkins.

Districts 1, 2, 3, 4, and 5 voted AYE.

The following Communications and/or Reports were received and filed:

Commissioner Henley advised they had a very successful meeting with regard to the road program in his district recently.

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Motion by Commissioner McLain, seconded by Commissioner Morris, to reappoint the following:

Districts 1, 2, 3, 4, and 5 voted AYE.

Commissioner McLain forwarded to Chairman Henley phone call information he received about a problem in Commissioner Henley’s district.

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Motion by Commissioner Maloy, seconded by Commissioner Morris, to reappoint the following:

Commissioner Maloy stated Jim Berko, Mental Health, stopped by his office and left information on ideas about having some resolutions in the future.

Chairman Henley stated Mr. Berko is asking statewide for $150 million and is asking for the Commission’s support of that proposal in the form of a resolution. He asked Mr. Berko to provide the Board with more details and suggested he needs to brief the Board on where they are now.

Commissioner Maloy stated there was a letter of support for the dual diagnosis service proposal and Florida Partners in Crisis.

Commissioner Morris stated he asked Mr. Berko if he could talk with the Sheriff about the use of the fines and forfeitures funds, and Mr. Berko said they had not discussed that with the Sheriff.

Mr. Grace said he would speak with the Sheriff before bringing this back to the Board.

Chairman Henley distributed to the Board information (copy received and filed) from the Space Conference he attended. He suggested the Board visit the Kennedy Space Center. He said the Space Center Committee is asking the County to acquaint themselves with what they are planning about the SERPL Program (Space Experiment Research Processing Lab). He said they are asking for state funding to help this program get going. The idea is this would draw companies from all over the world working on research as part of space exploration. Chairman Henley said this could very well have a strong impact to the region. He said Orange County Commission Chairman Martinez agreed to have his legislative person coordinate efforts to get legislative support. Chairman Henley distributed information (copy received and filed) on the legislative and space programs. He asked the Board to read the information and, perhaps, at the next meeting, they can briefly discuss whether the Board wants to ask their lobbyist to help with this.

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Commissioner Morris stated Orange County is fighting to retain the Army Systems Lab here. Chairman Henley stated there was quite a bit of effort going on to keep that industry here. He thinks they have been very successful thus far, but this is something they can’t go to sleep on. Whereupon, Commissioner Morris asked if this is something the Board might offer a resolution of support. He asked Mr. Grace to get a briefing and details on this.

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Chairman Henley referenced the letter from the Florida Association of Counties regarding the legislative date that is after the BCC meeting on March 28. He wants to see if it is possible to arrange to not have an evening BCC meeting on that date so the Board can attend the legislative session. Mr. Grace said he will work on that.

Chairman Henley asked if all the Board had received a copy of the Committee appointments (received and filed).

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Chairman Henley advised of the request from the Supervisor of Elections to appoint a Commissioner to serve on the Canvassing Board for the Presidential Preference Primary Election on March 14. Commissioner Morris stated he will not be available on March 14 due to his wedding, but he will volunteer his services for future duties of the Canvassing Board as three of the Commissioners are seeking reelection.

Following a brief discussion, Chairman Henley said he will volunteer to handle this duty on March 14, 2000.

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Chairman Henley reported that MetroPlan had a called meeting by Mayor Terranova of all the mayors in the tri-county area. At the meeting, they recommended the Commission undo the vote to take the Sanford Airport off the membership and substitute four mayors in lieu. Chairman Henley distributed information (copies received and filed) about the meeting and the population and percentage spread of the cities and how they are selected. He said the committee recommended no change to what they had already voted previously.

Commissioner Maloy reported that Lynx is proposing an expanded bus route service so they will be presenting to County staff some additional routes.

Commissioner Maloy advised he and Mayor Atkinson had a meeting with Representative Randy Johnson, and according to the Lynx staff, Chairman Martinez is pushing for additional members on the Lynx Board that would be appointed by the Governor. He said there has been no official push by Lynx to change that but there has been a lot of discussion.

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Chairman Henley asked if the Board desired to share with Representative Johnson what the will of the Board might be. Discussion ensued. Chairman Henley asked should the Board send to Lynx and Representative Johnson their feelings to keep the membership at the status quo. Commissioner Morris said he would favor a communication from the Board. Commissioner McLain suggested letting Commissioner Maloy handle this, and perhaps he can tell Lynx about the Board’s discussion.

Commissioner Maloy reported he spent half a day at the Board of Transportation Commission meeting and had a lot of input from various local business interests. The Commission made a motion to have three engineers devise five transportation plans for the region and bring those back by November 15. The direction was to have these three engineers hire additional staff and a consultant to put together these plans. He said there was not much discussion about the motion. Mr. Grace stated he will follow that at the staff level.

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Commissioner Morris said the Department of Community Affairs is doing the same outreach and through the Regional Planning Council, Seminole County will be hosting the DCA and he will make sure everyone knows about that. He said the Director of the DCA will be there.

Mr. Grace reminded the Board that there is an Expressway Authority meeting today at 4:00 p.m.

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Mr. Grace advised he will attend the Seminole Community College Board of Trustees meeting on the annexation issue with the City of Oviedo. He said he will relate what the Board’s policy has been in the past on annexations, especially on involuntary annexations.

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Upon inquiry by Chairman Henley, Mr. Grace stated he doesn’t know when the City of Casselberry’s request regarding the CRA will come forward. Chairman Henley said he informed the Mayor that it would be appropriate to have a briefing with the Board before that time.

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The Board, thereupon, recessed at 2:10 p.m., reconvening at 7:02 p.m., this same date with all Officials, (with Commissioner Maloy being absent), with Deputy County Manager, Cindy Coto, replacing County Manager, Kevin Grace, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

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Commissioner Morris stated the Board is honored to have Boy Scout member J.R. and his mom in attendance this evening.

Proof of Publication, as shown on page __________, calling for a public hearing to consider a Small Scale Comprehensive Plan Amendment from Suburban Estates to Industrial; and Rezone from A-1 (Agriculture) to PCD (Planned Commercial District) and approve a rezoning Development Order for property located north of Orange Blvd., ½ mile west of I-4, approximately 9.9 acres, Robert Halle/Briar Corp., received and filed.

Cindy Matheny, Senior Planner, addressed the Board to advise staff recommends approval of the request with findings that Industrial land use, as proposed: (1) Would be consistent with the locational criteria of the County’s Comprehensive Plan relating to Industrial uses: (2) Would be compatible with development trends in the immediate area; (3) Would be consistent with adjacent Suburban Estates and Industrial land use designations; (4) Would provide for appropriate transitional land use; and (5) Would be consistent with Plan policies identified at this time and therefore is consistent with the Seminole County Comprehensive Plan.

Ms. Matheny stated staff feels the subject rezoning request: (1) Is in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to PCD zoning; and (2) The request, as proposed, would be compatible with surrounding development. Therefore, staff recommends approval of the rezoning request subject to: (1) Uses restricted to office/warehouse, with no manufacturing and no off-site signs; and (2) Truck maneuvering areas to be relocated to the east side of the site.

Ms. Matheny stated the applicant submitted a revised PCD plan at the Planning & Zoning Commission (P&Z). The P&Z Commission recommended approval of the PCD zoning subject to: (1) No truck maneuvering or access areas to be located on the west side of the site. Maneuvering includes movements to turn the trucks around, but the prohibition does not exclude driving of trucks on the west side; (2) Uses are restricted to office/warehouse and M-1A uses with no billboards. The P&Z directed the applicant to work with staff prior to the BCC hearing to develop a list of appropriate uses for this site from those permitted uses in the OP, M-1A and C-3 zoning districts. She stated per the P&Z’s direction, staff met with the applicant who has requested some uses from the C-3 and M-1A zoning districts, excluding some uses such as bakeries, feed stores, lumber yards, communication towers, some types of manufacturing, laundry and dry cleaning, and truck terminals. Staff recommends approval of the revised PCD plan with P&Z recommendations, including the exclusion of M-1A and C-3 uses as noted on the applicant’s PCD plan.

Mike Good, representing Briar Corp., addressed the Board to advise he is here to answer any questions the Board may have. He stated Mrs. Metz is in support of the request as well as Dennis Dolgner.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to enact Ordinance #2000-9, as shown on page __________, approving Small Scale Comprehensive Plan Amendment 12-99SS.1 to Industrial; property located north of Orange Blvd., ½ mile west of I-4, approximately 9.9 acres, as described in the proof of publication, Robert Halle/Briar Corp.

Districts 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Morris to enact Ordinance #2000-10, as shown on page __________, Rezoning property from A-1 (Agriculture) to PCD (Planned Commercial District); property located north of Orange Blvd., ½ mile west of I-4, approximately 9.9 acres, as described in the proof of publication, Robert Halle/Briar Corp.

Districts 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Morris to approve rezoning Development Order, as shown on page __________, for property located north of Orange Blvd., ½ mile west of I-4, approximately 9.9 acres, as described in the proof of publication, Robert Halle/Briar Corp., subject to staff recommended conditions.

Districts 2, 3, 4 and 5 voted AYE.

Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendments to the Seminole County Land Development Code, received and filed.

Frances Chandler, Planning & Development Director, addressed the Board to advise this is the first of two public hearings and the second public hearing is scheduled for February 22, 2000 at 7:00 p.m. She stated the P&Z Commission has reviewed the proposed ordinance and has recommended that the Board adopt the amendments as presented. She stated of the 41 items discussed last year, there were nine items that had not completed a consensus recommendation between staff and the Development Advisory Board (DAB). However, over the course of the past months, staff has reached a compromise and consensus with the DAB on those items. Those include specific provisions for the active/passive requirements, nonresidential open space requirements, side yard setbacks, side street setbacks on corner lots, and issues identifying what constituted open space. The following additional things are included for the Board’s review: Additional provisions for apartment dwellings to address the rooming apartments; to make a provision for minor plats to replace the waiver to plat provisions; provisions for cell towers to allow administrative special exceptions; and to provide a better definition for private schools. She stated she would like to advise the Board that when they were going to make a provision for an administrative special exception for cell towers, they didn’t write it up like they previously explained it to the Board. She said the cell tower industry brought that correction to staff’s attention. She submitted a copy of a handout (received and filed) relative to that provision.

Upon inquiry by Chairman Henley, Ms. Chandler advised there were two different pieces and one is the ordinance was miswritten relative to the original intent. She said Mr. Chatos had some other recommendations that staff did not review as they were new sections to the code to be amended. If the Board is interested in those, staff would suggest scheduling a briefing for same.

Upon inquiry by Chairman Henley, Robert McMillan, County Attorney, addressed the Board to advise if the Board is interested in bringing those issues back, those can be brought back at the next cycle.

Ms. Chandler advised that Mike Hattaway, Chairman of the Development Advisory Board is present to answer any questions.

Ms. Chandler answered questions for Commissioner Morris relative to Amendment #23, Allow the Preliminary Master Plan to serve as the Final Master Plan for a PCD rezone when requested by the applicant and determined appropriate by the Current Planning Manager.

Upon inquiry by Commissioner Morris, Ms. Chandler advised there was substantial discussion by the DAB and LPA relative to what the uses for open space were in nonresidential areas. She stated for nonresidential developments the open space provisions were not meant to provide recreational benefit as much as it was for some other kind of open space needs. When staff looked at that kind of development, a study of different types of residential development was done to see what kind of open space was created by design standards that the plan has now. She added 22% was what they came up with and staff felt that was an appropriate open space reduction for commercial only. In addition, the DAB recognized that Seminole County’s design standards, in total, need to be reevaluated.

Ms. Chandler reviewed for Commissioner Morris the side yard setback in residential based upon analysis of other jurisdictions (Item #16); changing front setbacks and buffers in industrial parks rather than existing public right-of-way (Item #27); and adding zoning regulations regarding private schools (Item 37).

Upon inquiry by Commissioner Van Der Weide, Ms. Chandler advised the additional required parking spaces within multi-family zoning amendment (Item #13) is now called rooming apartments and that would require additional parking in those apartment dwellings.

Upon inquiry by Commissioner Morris, Ms. Chandler advised staff did not review the additional height and separation requirement for cell towers. That will be brought back at a later time. Staff did correct the intention of allowing permitting co-location.

Lee Chatos addressed the Board to state he would like to compliment the Board in reemphasizing the intent of the ordinance to encourage co-location to avoid proliferation of cell towers. This provision is clear that antennas are allowed on cell towers to co-locate as a matter of right. If the ancillary equipment requires expansion of the special exception, that needs to go back to allow additional consideration. He stated he is looking forward to working with the Board and staff on other issues that will help the County modify their code to allow location of antennas on power poles and buildings in unobtrusive ways without visually hurting the environment.

Bob Bugnacki, 5352 Orange Blvd., addressed the Board to state he is concerned with the tree replacement standards of replacing 3" to 12" diameter trees with (two) 2" diameter trees. He stated he feels the diameter of the replacement trees should be increased.

John Dwyer, Section Chief, addressed the Board to state the problem they have run into is the larger caliber trees are not available at this market today and it is difficult to obtain those types of trees.

Commissioner Morris stated he understands the logic of this, but he feels that Mr. Bugnacki made a good point. He stated the City of Lake Mary doesn’t seem to have a problem in finding the larger caliber trees.

Mr. Dwyer stated staff tries to work with the developer to maximumize what the end result of the landscaping will look like.

Commissioner McLain stated he thought the Board decided to require 3" caliber trees when they had discussion on the roadway beautification.

Ms. Chandler stated staff can research the issue of what is required.

Mike Hattaway, Chairman of the DAB, addressed the Board to state it looks like the tree requirements on sites are larger trees. This category is for replacement trees only. He stated he believes that this issue needs to be reviewed between now and the next hearing relative to what the communities are doing and what the prices of the trees are.

Mayor Larry Dale, City of Sanford, addressed the Board to state he would like to know why is there a replacement requirement when there is a landscape requirement in the Code that requires you to put so many trees in with a certain caliber.

No one else spoke in support or in opposition.

Chairman Henley closed the public hearing and advised the second public hearing is scheduled for February 22, 2000.

Commissioner Morris stated he would like to know when the RFP for the Courthouse and the Jail will be sent out for bid.

Cindy Coto, Deputy County Manager, addressed the Board to advise the architecture and engineering for the Courthouse is scheduled to go on Monday, February 14, 2000. She advised the programming study of how much space and the number of beds are needed for the jail has just been completed.

Upon inquiry by Commissioner Morris, Ms. Coto advised that Ms. Jamie Croteau, Administrative Services Director, will be meeting with each Board member individually to obtain their comments.

Commissioner McLain stated he would like to request that this be brought before the Board for formal vote once the final draft has been obtained.

Upon inquiry by Commissioner Morris, Ms. Coto advised staff anticipates it would be available on February 14 and then it would be brought to the Board on February 22, 2000 for advertising.

Upon further inquiry by Commissioner Morris, Ms. Coto advised if the Board’s input is significantly different than what they are proposing, they would postpone the advertising. It would be cleaner to go that way rather than putting it out on the street and then have an addendum 10 days later.

Commissioner McLain stated with a project of this magnitude, he doesn’t feel comfortable with a meeting in each of the Commissioners’ offices and recommendations for minor changes without being discussed in a public meeting. He stated he would prefer the final draft come before the Board for approval.

Upon inquiry by Commissioner McLain, Ms. Coto advised based on the information she received, there have been no significant changes to the draft.

Commissioner McLain stated once Commissioners Morris and Van Der Weide have had their meetings with staff and if they recommend any changes, he would like Ms. Croteau to schedule a meeting with him to update him of any changes.

Mr. McMillan stated at this point if the Board gets into Sunshine issues, then the RFP needs to come back to the Board.

Commissioner Morris stated he believes there is confusion in the document where it states "consideration being given to minority contracting".

Ms. Coto stated staff disagrees with the procurement department and they are working on that issue at this time and she believes that language will be removed. The Board consented to removing the language from the RFP.

Commissioner Morris stated the second issue is he understands staff will be short-listing this.

Ms. Coto stated she believes the process that was adopted by the Board was that staff would obtain the responses, determine the ones who will be interviewed, site visits will be done, and then will be brought to the Board. She stated the Board will determine if they want to interview the top three or five, whether they want to do site visits, or to vote on issues that have been done in the past. She said staff will not be ranking them.

Upon inquiry by Commissioner Morris, Ms. Coto advised not only these type of services but financial advisers, bond counsel, etc. will come to the Board unranked.

Commissioner McLain stated he is interested in finding out what other changes may be recommended.

Ms. Coto stated she is not aware of any other changes. The only one is the WMBE change that Commissioner Morris mentioned.

Mr. Dwyer stated he would like to inform the Board that the question of the diameter of the trees was not advertised as a proposed code change in this ordinance. He stated what is being changed is on page 114 and that is establishing the duration of an arbor permit. He said he spoke with Mr. Bugnacki and they are going to get together in getting this issue on the next list of code changes.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:50 p.m., this same date.

ATTEST_____________________Clerk____________________Chairman

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