Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3) (Late)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Pastor John M. Holloway, Church of God, gave the Invocation.

Commissioner Maloy led the Pledge of Allegiance.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-29, as shown on page ______, commending Charlene T. Sieg, Senior Staff Assistant, Department of Public Safety, for sixteen years of service to Seminole County upon her retirement.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Ms. Sieg who expressed her appreciation to the Board.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-31, as shown on page _______, commending Gail Hanson, Senior Staff Assistant,

Department of Public Works, for twenty years of service to Seminole County upon her retirement.

Districts 1, 2, 4 and 5 voted AYE.

John Moore, Department of Public Works, accepted the Resolution on behalf of Ms. Hanson and expressed his appreciation to the Board.

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Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-32, as shown on page ________, proclaiming the week of February 28 through March 4, 2000 as "John E. Polk Correctional Facility Jail Chaplain Appreciation Week".

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Bill Gregory who expressed his appreciation and invited everyone to their annual banquet at the Civic Center in Sanford on March 3, 2000.

County Attorney, Robert McMillan, advised he is pulling Item #4, Purchase Agreement relating to Parcel #102, Lake Emma Road, S. Theodore and Ann Takvorian, and will bring it back at another meeting. He also advised of add-on, requesting authorization to defend with regard to NW Oregon Ltd. v. Seminole County. He said he anticipates appointing special council to assist in the response motions.

Commissioner Morris stated he would like a briefing with regard to Item #4.

Chairman Henley stated the public needs to understand that the lawsuit is not Walmart suing, but the property owner.

Commissioner Van Der Weide entered the meeting at this time.

Discussion ensued with regard to Item #3, Settlement relating to Parcel #111.3, Dog Track Road & U.S. Hwy. 17-92, The Pinter Enterprise property. Assistant County Attorney, Henry Brown, addressed the Board to explain his recommendation.

Mr. McMillan explained that with regard to attorney fees, the Statutes have changed; however, the Pinter case was filed under the old Statute.

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 voted NAY.

DCM, Cindy Coto, addressed the Board to request adoption of resolution supporting legislation that replaces the local match funding for the Florida KidCare Program/Florida Healthy Kids.

Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-40, as shown on page ________, in support of legislation that replaces the local match funding with State Funds to insure the health of our children; and to send a copy of same to the House Health Care Service Committee and the Health & Family Services Council.

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Ms. Coto advised she received a call from the County's Lobbyist, Bobby Brantley, advising the Governor's Water Advisory Panel recommended moving forward the County's request for the Wekiva River Restoration project, but did not recommend the U.S. Hwy. 17-92 drainage project.

Chairman Henley advised he received a call from Mr. Brantley last night who advised him the 17-92 drainage project was back in the running.

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

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

Commissioner Morris left the meeting at this time.

Principal Planner, Matt West, addressed the Board to present the Preliminary Subdivision Plan for The Estates at Glenwood, located north of Bunnell Road and east of Eden Park Road, Sanlando Land, Inc. He advised the project consists of 22 residential lots on 9.2 acres. The project has a gross density of 2.39 du/acres and a net density of 2.98 du/acre. He further advised the applicant is requesting a reduction of lot depth for a double frontage lot from 150 feet to 136 feet and a wall variance. He stated staff recommends approval of the plan and the waivers subject to the following: (1) Final Engineering plans shall be revised to reflect a 15 foot wide landscape, wall and drainage easement tract along Lots 15 and 22 abutting Bunnell Road; (2) Final Engineering Plans shall be revised to reflect a new name for the subdivision; (3) Side yard setbacks for Lots 7 and 8 adjacent to the gravity line shall be increased to 12 feet for each lot; and (4) The utility easement between Lots 7 and 8 shall be widened to 20 feet.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the Preliminary Subdivision Plan for The Estates at Glenwood, located north of Bunnell Road and east of Eden Park Road, Sanlando Land, Inc.; and to grant waiver for a lot depth reduction and for the wall, subject to staff recommendations.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Morris re-entered the meeting at this time.

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Senior Planner, Sylvia Smith, addressed the Board to present the Preliminary Subdivision Plan for Red Bug Lake Road Site, located on the north side of Red Bug Lake Road, west of Copperfield subdivision in Section 22, Township 21 South, Range 30 East, Beazer Homes.

Chairman Henley read into the Record a letter (copy received & filed) from Howell Harbor Estates Homeowners Association in support of the project, as revised.

Ms. Smith advised the proposed subdivision contains 71 lots for detached single family homes on 15.803 acres. The property is zoned R-3A, multi-family. Lots measure 46.2 feet by 105 feet and 49 feet by 100 feet with a minimum lot size of 4,851 square feet. The subdivision will be a private, gated community, and all the homes will have at least a two-car garage. She further advised the applicant is requesting the following variances to the Land Development Code: (1) Waive the active/passive buffer yard criteria; and (2) Waive the requirement to install sidewalks along the center block of lots, being Lots 26 through 47. She stated staff recommends approval of the plan, including the two variances as requested.

Upon inquiry by Chairman Henley, Ms. Smith advised the applicant has agreed to a mandatory homeowners association.

Don Fisher, Bowyer-Singleton, addressed the Board to advise he will answer any questions.

Geraldine Williams, Howell Harbor Estates, addressed the Board to commend the Commission on what is being done on Red Bug Lake Road. She also commended the developer for revising their plan to single family homes.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Preliminary Plan for Red Bug Lake Road Site located on the north side of Red Bug Lake Road, west of Copperfield subdivision in Section 22, Township 21 South, Range 30 East, Beazer Homes; and approve variances as requested and conditions as stated in the staff report.

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

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Mr. West presented request from John Cerconi for the following waivers to the Land Development Code: (1) Reduce the number of required off-street parking spaces; and (2) Reduce the number of required canopy trees in the north buffer for the Lakeshore Apartments (formerly known as Serenity Shores Apartments) located on the north side of 4^th Street, east of SR 419, and north side of Lake Catherine in Chuluota. He advised this item was continued from the last Board meeting in order for the applicant and staff to have an opportunity to resolve the issues. He further advised that Mr. Cerconi came in late yesterday with a revised plan, reducing the dwelling units from 9 to 8 and adding an additional parking space. However, he is still short two parking spaces. Mr. Cerconi has conceded to the six canopy trees along the rear; and Mr. West stated it is his understanding that all 8 units will open up to the south or front of the building.

Commissioner Morris stated he is not in favor of the request because he feels staff and the Board needed the new information prior to the last minute. He said he has not seen the revised site plan.

Mahmoud Najda, Development Review Manager, addressed the Board to advise staff did not have enough time to review the revised site plan.

Commissioner Van Der Weide stated he would like to give the staff an opportunity to review the site plan.

Motion by Commissioner Maloy, seconded by Commissioner Morris to continue for two weeks consideration of Waivers to the Land Development Code Requirements for property located on the north side of 4^th Street, east of SR 419, and on the north side of Lake Catherine in Chuluota, John Cerconi.

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

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Mr. Najda advised of request for a continuance with regard to the appeal of the decision of denial of the Cox Lumber Company Site Plan, Shutts & Bowen. Copy of letter from Lonnie Groot, Shutts & Bowen, requesting the continuance was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to continue until March 14, 2000, consideration of the appeal of the decision of denial of the Cox Lumber Company Site Plan, Shutts & Bowen.

Under discussion, Commissioner Morris stated he will not be in attendance at the March 14 meeting and requested this be continued until March 28.

Commissioner McLain changed the Motion, continuing this request to March 28, 2000. Commissioner Van Der Weide concurred with the change.

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

Senior Planner, Gary Schindler, addressed the Board to present the Final PUD Master Plan for Palm Valley Mobile Home Park, Section 8A, located west of Alafaya Trail and northeast of Park Road, SBC Development LLC. He advised staff recommends approval.

Upon inquiry by District Commissioner Maloy, Mr. Schindler advised the developer has provided him with a letter agreeing to maintain the one-way exit road. He said this commitment could be included in the Developer's Commitment Agreement.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve the Final PUD Master Plan and Developer's Commitment Agreement, as shown on page ________, for Palm Valley Mobile Home Park, Section 81, located west of Alafaya Trail and northeast of Park Road, SBC Development LLC, with the addition of the commitment letter from the developer agreeing to the maintenance of the one-way exit road.

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

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the Chairman to execute Letters, as shown on page _______, of support for Seminole Community Mental Health Center's Dual Diagnoses Program Proposal; and statewide initiative "Partners in Crisis".

Under discussion, Ms. Coto advised staff is still processing the request for donation of a home for the Children's Village Program.

Commissioner Morris questioned if the Board could give a consensus on the donation of the home, if staff can successfully work out the legal ramifications.

Ms. Coto advised staff will be bringing back the request for the home on March 14, 2000.

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

Chairman Henley advised this item has been rescheduled for March 14, 2000.

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The Board, thereupon, recessed at 10:17 a.m., reconvening at 10:30 a.m., with all Commissioners and Officials who were present during the Opening Session.

Seminole County Engineer, John Moore, addressed the Board to present the SR 46 Area Roadway Network Feasibility Study. Copy of Report Summary booklet was received and filed.

Upon inquiry by Commissioner Maloy, Mr. Moore advised there is no funding source identified for this project at this time. He said the estimated $2 million could be funded by several options, including a commercial MSBU.

Commissioner McLain stated he knows there has been some discussion by FDOT of possibly using this Airport Boulevard extension as a by-pass for U.S. 17-92. He said FDOT might be a funding source.

Upon inquiry by Commissioner Morris, Mr. Moore advised this would be a four-lane divided system, using 120 feet of right-of-way. He stated that staff would like the Board's comments and the City of Sanford comments and then will meet with FDOT with regard to same. He added that one of the options staff is looking at is the by-pass concept. Discussion ensued.

Mr. Moore stated the nature of the study was to determine a general alignment as to where the extension could pass through based on the constraints of CR 15 and the tie-in at SR 46.

Chairman Henley stated if the purpose of the extension is to open up the area for commercial development, he does not believe Alignment "B" accomplishes that.

Bill Fogel, Civil Design Group, addressed the Board to advise they originally generated six alignments. He said all of the roads in the area are substandard and are lacking utilities. He stated the City of Sanford is moving water and sewer facilities into the area. The City has asked what the County could do to improve the roadway network in the area to allow development of the internal parcels to occur without individual parcels having to pay the phenomenal costs of roadway improvement. He said the alignment recommended ("B") fits with the current development trends. He said this is an unfunded project and they need to be conscious of construction costs. He further discussed Alignment "B".

Commissioner Morris stated he believes Mr. Fogel has a good report, but the conclusions are sometimes only as good as the presumptions. He further stated he completely concurs with the Chairman. He said economics should not be the issue - good planning should be the issue.

Commissioner Van Der Weide stated he feels Alignment "A" makes good sense as it will open the area up for commercial development. He said Commissioner McLain makes a good point relative to the possible by-pass.

Mr. Fogel advised the by-pass discussions are recent and not a part of this study.

Commissioner McLain stated he believes making this a by-pass makes good sense and he would be in favor of looking at Alignment "E". He suggested staff review Alignment "E" with the City of Sanford and bring their comments back to the Board. He added that a work session might need to be scheduled.

Chairman Henley stated he believes the Board needs to discuss the issue of having one developer pay through the nose for roadway improvements in order to develop, whereas, in this case the County is doing the improvements for development.

Commissioner McLain stated he has similar concerns as Commissioner Henley.

Commissioner Morris agreed that Alignment "E" makes a lot more sense. He said he also agrees with the 120-foot right-of-way and for the road to be constructed in two-lane segments. He added that he would like to see an economic analysis if this area were developed and the estimated taxes of same.

Chairman Henley stated they have to also look at what expenditures this will generate - the impact to police, fire and schools.

Jay Marder, City of Sanford Planner, addressed the Board to state the City is wanting to do good planning and appreciates the opportunity to work with the County. He said the City is putting a tremendous amount of infrastructure into the area in terms of water and sewer facilities.

Upon inquiry by Chairman Henley, Mr. Moore stated staff will be scheduling meetings with FDOT on the by-pass option and will be meeting with the City of Sanford on March 13, 2000 with regard to the alignments.

Motion by Commissioner Morris, seconded by Commissioner McLain 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":

Commissioner Van Der Weide stated he will not be in attendance at this afternoon's meeting and would like to advise the Board that he is in support of staff's recommendation with regard to Item #49, Vacate & Abandonment requested by J. Wayne Miller. He requested the Board make sure that the request will not interfere with the ball field or the access to it.

Mr. Grace advised the Board that the U.S. 17-92 Redevelopment Planning Agency FY 99/00 Report will be rescheduled for March 28, 2000, not March 14.

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The Board recessed the meeting at 11:42 a.m., reconvening at 1:33 p.m., this same date with all Officials, (with Commissioner Van Der Weide being absent), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Motion by Commissioner Morris, seconded by Commissioner Maloy to accept proofs of publication for this meeting's scheduled public hearings.

Districts 1, 2, 4 and 5 voted AYE.

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Chairman Henley informed the Board that Commissioner Van Der Weide will be absent from this afternoon’s session.

Proofs of publication, as shown on page ________, calling for a public hearing to determine if the requested changes to the Flea World DRI are non-substantial changes that do not require further review; applicant is requesting approval of the Second Amended and Restated Development Order for the Flea World DRI; property located west of CR 427, east of U.S. Highway 17-92 and north of County Home Road, Miranda Fitzgerald, received and filed.

Matt West, Principal Planner, addressed the Board to advise Flea World was approved as a flea market of approximately 186,200 sq. ft. He stated the entire development program has been constructed with the exception of a 90,000 sq. ft. exhibition building and a 30,000 sq. ft. warehouse. The developer’s representative, Miranda Fitzgerald, has applied to extend the buildout date of the project an additional 12 years to December 15, 2010. He said the applicant is requesting to delay the granting of drainage and water conservation easements until project buildout. Staff will defer dedication of the easements as long as the applicant abides by the County environmental and wetland protection codes. The developer has agreed to work with Lynx relative to providing a park-n-ride and a transit passenger shelter. He stated Ms. Fitzgerald has submitted the following changes (received and filed): Page 4 relates to daily trips of potential traffic generation; the language relative to right-of-way dedication on CR 427 has been changed on page 6; and Item 7 of page 7 has been deleted. He stated with those changes, staff finds that the requested changes are non-substantial and recommends approval subject to the proposed changes.

Upon inquiry by Chairman Henley, Mr. West advised the applicant has concurred with the proposed changes. He stated the applicant submitted most of the changes.

Miranda Fitzgerald, Lowndes, Drosdick, Doster, Kantor & Reed, addressed the Board to state she doesn’t have anything further to add unless the Board has questions.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to determine that the changes to the Flea World DRI are non-substantial; and approve the Second Amended and Restated Development Order, as shown on page ________, for the Flea World Development of Regional Impact; property located west of CR 427, east of U.S. Highway 17-92 and north of County Home Road, as described in the proof of publication, Miranda Fitzgerald, Attorney for Flea World, subject to the proposed changes.

Districts 1, 2, 4 and 5 voted AYE.

Proofs of publication, as shown on page ________, calling for a public hearing to consider Resolutions to vacate and abandon a 50’ wide by 234’ deep right-of-way and a 30’ by 198’ right-of-way; property described as both overlapping and lying adjacent to the South Seminole Business & Storage Park PUD located at 540 N. Highway 434, Altamonte Springs, J. Wayne Miller, received and filed.

John Omana, Senior Planner, addressed the Board to review the request as outlined in the agenda memorandum. He displayed maps of the area and reviewed what will happen if the rights-of-way were vacated.

Upon inquiry by Commissioner Morris, Mr. Omana advised staff has contacted the representatives of the Little League baseball fields and they have a letter from them supporting the request.

Upon inquiry by Chairman Henley, Mr. Omana advised once vacated, the 25 ft. section will revert to the baseball field. One access is from the north to the south and other is to the east.

Upon further inquiry by Chairman Henley, Mr. Omana advised Lot 79 is encumbered by the 1923 right-of-way and this vacate would clean up the property’s title and survey. He stated Mr. & Mrs. Mellado have consented to the vacate and they are pleased that the property is being cleaned up.

Mr. Omana stated staff recommends approval of the request subject to the reservation of the 25 ft. easement over the eastern portion of the 1923 right-of-way.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt Resolution #2000-R-41, as shown on page _________, vacating and abandoning a 50’ wide by 234’ deep right-of-way; property described as both overlapping and lying adjacent to the South Seminole Business & Storage Park PUD located at 540 N. Highway 434, Altamonte Springs, as described in the proof of publication, J. Wayne Miller, as recommended by staff.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-42, as shown on page ________, vacating and abandoning a 30’ by 198’ right-of-way; property described as both overlapping and lying adjacent to the South Seminole Business & Storage Park PUD located at 540 N. Highway 434, Altamonte Springs, as described in the proof of publication, J. Wayne Miller, subject to staff recommendations.

Districts 1, 2, 4 and 5 voted AYE.

Proofs of publication, as shown on page ________, calling for a public hearing to consider Resolution to Vacate and Abandon a 30’ by 80’ portion of Michigan Street east of Markham Woods Road, Robert and Gwyn Picerne, received and filed.

Sylvia Smith, Senior Planner, addressed the Board to advise the applicant is not permitted to place the improvements within the County right-of-way, however, improvements may be placed within an easement, provided the applicant executes an estoppel letter on behalf of the County. She stated the affected utility companies have indicated they have no objections to the request. Staff recommends approval of the request with the condition that the owners dedicate a drainage and utility easement over the subject area using a County approved form. Also, the owners dedicate a 20-foot wide drainage and utility easement south of the subject area to Lake Marietta, using a County approved form.

Upon inquiry by Commissioner McLain, Ms. Smith advised the road that goes to the north is a 30-ft. right-of-way that was established in the 1950’s and it dead-ends with Heathrow.

Terry Costolo, Lowndes, Drosdick, Doster, Kantor & Reed, addressed the Board to explain why the applicant wanted to construct an entrance at the boundary line.

Ms. Smith indicated on the map the section that is not part of the right-of-way.

District Commissioner McLain stated has had not had an opportunity to have staff brief him on this item. He stated he will listen to the applicant’s presentation, but he would like to look at the property.

Commissioner Morris recommended having a 5-minute break to give the District Commissioner, staff and the applicant time to review any issues.

Chairman Henley recessed the meeting at 1:55 p.m., reconvening at 2:00 p.m.

Commissioner McLain stated the one thing that the County will be acquiring is a drainage easement and he feels that is a reasonable trade-off. He stated the 60-ft. right-of-way will not encumber any other property and he is satisfied with this.

Mahmoud Najda, Development Review Manager, addressed the Board to advise the trees along the entrance will be left alone and will not be cut down.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-43, as shown on page ________, vacating and abandoning a 30’ by 80’ portion of Michigan Street east of Markham Woods Road, as described in the proof of publication, Robert and Gwyn Picerne.

Districts 1, 2, 4 and 5 voted AYE.

No Report.

The following Communications and/or Reports were "received

and filed":

1. Identical letters dated 2/11/00 (with attached Resolution #2000-R-27) from Chairman re: Support of commuter rail system to the following: Congressman Mica, FDOT, MetroPlan, Orange County Chairman, Mayor-City of Orlando, Osceola County Chairman, State Representative Feeney, Volusia County Chairman, Volusia County MPO.
2. Copy of letter dated 2/11/00 to Sandy Goard, Supervisor of Elections from Chairman re: Appointment to the Canvassing Board. (cc: BCC, Co. Manager, Deputy Co. Manager)
3. Letter dated 2/7/00 to Chairman from Larry Dale, Mayor-City of Sanford re: Sanford-Seminole Community Pool Complex. (cc: BCC, Co. Manager, Deputy Co. Manager, CDBG, Sandra Robinson, Chairman-Seminole Co. School Board)
4. Letter dated 2/9/00 to Chairman from Diane Pickett, Time Warner Communications re: Merger of AOL and Time Warner. (cc: BCC, Co. Manager, Cable Franchising Coordinator [coordinate processing of resolution])
5. Letter dated 2/7/00 to Chairman from Terrell Arline, Legal Director-1000 Friends of Florida re: Plan Amendments for the Wekiva River Protection Area. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Co. Attorney, Shaw Stiller-Esquire)
6. Notice of Work Session-City of Lake Mary on 2/17/00. (cc: BCC, Public Works Director, Planning & Development Director, Co. Manager)
7. Memorandum dated 2/9/00 to Sandy McCann, Recording Secretary from Kathryn Brown, Senior Planner-One Stop Permitting re: Submission into Co. Records. (cc: Co. Manager, BCC, Environmental Services Director)
8. Agenda (with backup) for 2/15/00 Sanford Airport Authority Board Meeting.
9. Minutes from 1/6/00 Tourist Development Council Meeting.
10. Memorandum dated 2/9/00 to BCC (with attachment) from Lin Polk, MSBU Program Coordinator through Cindy Hall, Fiscal Services Director re: Proposed City of Winter Springs/Seminole County MSBU. (cc: Co. Manager, Deputy Co. Manager)
11. Letter dated 1/31/00 to BCC (with attached December 1999 report) from Randy Johnson, President/CEO and John Saboor, Vice President-Fla. Sports Commission re: Sports Commission activities.
12. Copy of memorandum dated 2/8/00 to Kevin Grace, Co. Manager from Linda Polk, MSBU Program Manager through Cindy Hall, Fiscal Services Director re: First Quarter FY 99/00 Status of MSBU Projects. (cc: BCC, Deputy Co. Manager, Environmental Services Director, Public Works Director)
13. Minutes from the Historical Commission for meetings held 11/18/99 and 1/20/00.
14. Minutes from the Agricultural Advisory Committee for meetings held 12/8/99 and 1/5/00.
15. Notice and agenda for 2/7/00 Seminole County Port Authority meeting.
16. Memorandum dated 2/1/00 to BCC and Seminole County Expressway Authority Members (with attachment) from James Marino, Public Works Director re: Fla. Transportation Commission Public Hearing. (cc: Co. Manager, Public Works Administrative Manager, Principal Engineer-Major Projects, Transportation Specialist-Planning & Development)
17. Local government monthly mailer for February 2000 from St. Johns River Water Management District.
18. Memorandum dated 1/26/00 to BCC (with attachment) from Chairman re: Committee Assignments for year 2000. (cc: Co. Manager, Deputy Co. Manager, Co. Attorney, Department Directors)
19. Contract for services, as shown on page __________, between Parks & Recreation and DeWitt Hazzard for Court Umpire.
20. Copy of letters dated 2/8/00 from Suzy Goldman, Library & Leisure Services Director re: Appreciation for recent donations to the following: Anne Silver, Dorothy Decker, Elizabeth Kerns, Arthur Gallagher Foundation, Mr. & Mrs. Bill Dolle, Kittie Chapman. (cc: BCC)
21. Letter dated 2/18/00 to BCC from Gordon & Lucille Phillips re: Proposed High School & Sports Complex on Long Pond Road. (cc: Current Planning)
22. Notice of Change of Land Use/Land Planning Agency meeting-City of Sanford 3/02/00. (cc: BCC, Planning & Development Administration)
23. Copy of memorandum dated 2/16/00 to Maureen Landgraf, Analyst from Keith Roark, Road Project Acquisition Manager re: Direct Pay Request-Howell Branch Road Phase I. (cc: BCC, Contracts Analyst)
24. Memorandum dated 2/16/00 to BCC (with attachment) from Ray Valdes, Tax Collector re: Commission on Collections. (cc: Co. Finance Director)
25. Letter dated 2/15/00 to Chairman from Keith Schue, Wekiva Issue Chair-Sierra Club Central Fla. Group re: Intent not to challenge Comprehensive Plan Amendments or Land Use Amendment. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Co. Attorney, Charles Gauthier-Dept. of Community Affairs, Shaw Stiller-Dept. of Community Affairs, Terrel Arline-1000 Friends of Fla., Phares Heindl-Friends of the Wekiva River, Sam Kendall-Seminole Audubon Society)
26. Letter dated 2/15/00 to BCC from Al Auger re: Support for Catholic High School on Long Pond Road. (cc: Current Planning)
27. Letter dated 2/15/00 to BCC from David & Annabelle Tropf re: Support for Winter Miles property use as a County park. (cc: Co. Manager, Deputy Co. Manager, Planning & Development)
28. Letter dated 2/15/00 to Chairman from David L. Burman, Community Association Manager-Twin Rivers Homeowners Association re: Support of Winter Miles purchase. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development)
29. Letter undated to BCC from Ted and Eileen Hoyt re: Opposition to Catholic Church School on Long Pond Road. (cc: Current Planning)
30. Memorandum dated 2/17/00 to BCC, Kevin Grace-Co. Manager, Cindy Coto-Deputy Co. Manager, Frances Chandler-Planning & Development Director, Mary Mantzaris-Lead Administrative Aide (with attachment) from Larry Goldman, Building Official re: Contractor Licensing Ordinance.
31. Notice and agenda for 2/21/00 City Council Meeting-City of Oviedo.
32. Letter dated 2/15/00 to Kevin Grace, Co. Manager (with attached Ordinance #3534) from Janet Dougherty, City Clerk-City of Sanford re: Annexed Property. (cc: Current Planning, Property Appraiser)
33. Letter dated 2/15/00 to Kevin Grace, Co. Manager (with attached Ordinance #3536) from Janet Dougherty, City Clerk-City of Sanford re: Annexed Property. (cc: Current Planning, Property Appraiser)
34. E-mail dated 2/16/00 to Chairman from Ted & Eileen Hoyt re: Opposition to proposed Catholic High School. (cc: BCC, Current Planning)
35. Memorandum dated 2/4/00 to Co. Commissioners, Co. Administrators (with attachment) from Carol Bracy, Legislative Director-Fla. Association of Counties re: 2000 Joint Legislative Platform. (cc: Deputy Co. Manager, Co. Attorney)
36. Letter dated 2/11/00 to Chairman from Michael Dolezal, President Howell Harbor Estates Homeowners Association re: Beazer Rezoning. (cc: BCC, Current Planning, Development Review)
37. Copy of letter dated 2/8/00 to Brian Luce from Ken Roberts, Public Safety Director re: Appreciation for recent donation.
38. Copy of letter dated 2/9/00 to Emily Glickstein from Ken Roberts, Public Safety Director re: Appreciation for recent donation.
39. Contract for services, as shown on page _________, between Seminole Co. Parks & Recreation and Alex Torres (Umpire Slow Pitch).

Motion by Commissioner McLain, seconded by Commissioner Morris to appoint Frances Pope to the Library Advisory Board for a 2-year term; and to adopt appropriate Resolution #2000-R-44, as shown on page _________, commending Jay D. Jurie for his services on said Board.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Morris to appoint Grey Wilson to the Planning & Zoning Commission for a 4-year term; and adopt appropriate Resolution #2000-R-45, as shown on page _________, commending H.M. (Tripp) Lerch for his services to said Board.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner Maloy stated about a year ago the Road Department did some minor road work on Walker Road in order to help Rudy Ferguson (a dialysis patient) to travel back and forth for his treatments. He stated a drainage basin has recently collapsed and he would like the Board to approve funds to replace the failed culvert.

Motion by Commissioner Maloy, seconded by Commissioner Morris to appropriate up to $1,800 to replace the failed culvert on Walker Road that is making it unsafe to travel.

Under discussion, Kevin Grace, County Manager, addressed the Board to state the Board needs to understand that they are doing routine maintenance on a private road. Discussion ensued.

Commissioner McLain stated he has a request from a property owner in his district that has a similar situation as this. He stated a lot of these things have been handled in the past without bringing them before the Board.

Mr. Grace stated the County probably has been inconsistent in the past. He stated this is getting into more routine maintenance, and in the past the County has gotten around this without taking over the maintenance.

Commissioner McLain recommended having a nonprofit organization participate in providing funds for the maintenance.

Commissioner Maloy stated about 1/3 of the road collapsed into the pipe and he feels that this is an emergency situation. He stated he feels that Commissioner McLain’s recommendation has merit.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner Maloy informed the Board that the residents along Beverly Street in Oviedo are very happy with the road paving program that is going on in their area.

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Commissioner Maloy stated he is getting complaints from residents at the corner of Red Bug Road and Dodd Road that they are getting construction nails in their pools and back yards. He stated apartments are being built at that location and he has reported this situation to the Building Department and they will be looking into this problem.

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Commissioner Maloy reported that he and Commissioner McLain attended the initiation ceremony of Boy Scout Troop 628 this past Saturday night and they were judges for the dessert contest.

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Commissioner Maloy stated he has some concerns relative to how the regulations for trees are being treated. He stated he has noticed that trees and power lines run down the property line and the center of the trees are being cut out. He said another issue that he has concerns with is roots growing into septic tanks. He stated he has some concerns that they are allowing live oak trees to be planted too close together. He said he doesn’t know if these issues have been discussed during the Land Development Code process.

Commissioner Morris stated he feels the Board should look at options.

Mr. Grace stated staff has a list of other things to review and that is something they can add to their list.

Commissioner Maloy stated the neighborhood landscaping in Winter Park is not that great and a future landscaping code is an issue that staff can look at. He stated he would recommend staff checking with the power companies to see if they have any recommendations.

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Commissioner Morris stated he has received a calendar from Hillsborough County similar to the one that Seminole County sent out two years ago. He stated the information in the calendar includes information about Hillsborough County such as telephone numbers, budget, etc.

Cindy Coto, Deputy County Manager, addressed the Board to state Hillsborough County called her office asking for a copy of Seminole County’s calendar.

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Commissioner Morris stated the Charter Review Commission has scheduled a public hearing on March 6, 2000 and he would like to make a request that this meeting be televised.

Robert McMillan, County Attorney, addressed the Board to advise the Charter Review Commission has elected to broadcast that meeting.

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Commissioner Morris stated he received minutes from the Program Review Committee (PRC) and he understands that they no longer want to meet.

Ms. Coto stated at the February 9, 2000 meeting, the Program Review Committee voted unanimously to send a recommendation to the BCC to see if it is the Board’s decision to privatize operations.

Commissioner Morris stated citizens have been appointed to the BCC who are diligently trying to work on issues.

Chairman Henley stated the issue here is whether the BCC feels there is value that can be rendered by the Program Review Committee.

Commissioner Maloy stated he understands that the committee will have one more meeting to finalize recommendations and after that, they have no further purpose.

Ms. Coto stated the PRC will be adopting a resolution at their March 8 or 9^th meeting identifying why they believe this is their recommendation and at that time they will go into hiatus until they have other issues presented to them.

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Upon inquiry by Commissioner Morris relative to the Winter Miles property, Chairman Henley advised he has been getting correspondence on this. He stated the Board asked staff to get with the City of Oviedo on this issue and then come back to the Board.

Mr. Grace stated he is planning to discuss this issue at the special work session scheduled for March 7.

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Commissioner Morris discussed with the Board the second annual Boy Scout fundraiser to be held on March 29 at Heathrow. He stated Congressman John Mica will be honored for his work with youth.

Chairman Henley submitted highlights of the Metroplan meeting held on February 9, 2000.

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Chairman Henley stated he provided the Board with a committee report that was submitted to MetroPlan. Mayor Terranova called a meeting of all the City mayors to discuss adding two airport representatives to the composition of the Board.

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Chairman Henley discussed with the Board Congressman Mica’s letter to Mayor Terranova, City of Winter Park regarding the Commuter Rail proposal and the seminars scheduled for the Regional Planning Council. Discussion ensued.

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Commissioner Morris discussed the Regional Outreach Study that is going on relating to the East Central Regional Planning Council (ECFRPC). He stated there were discussions relative to what is being done with the region, where this proposal is headed under the Orlando Chamber of Commerce, and whether a private entity is sponsoring this. He said the ECFRPC approved a letter to be sent to all county members requesting those counties not to move forward on any action until the Planning Council receives input from the individual counties. He added Volusia, Brevard and Lake Counties have a great deal of concern with this issue as well as the individual cities.

Chairman Henley stated there is a major concern when government starts turning money over to private entities. At the time this was initiated, the ECFRPC was being left out. He stated the situation in this region is way beyond the study that was presented in Charlotte, North Carolina and Cincinnati. Discussion ensued.

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Commissioner Morris stated Seminole County hosted the Department of Community Affairs Regional Forum on Growth Management held on February 15, 2000 in the BCC Chambers. He stated this meeting was one of the largest and best attended meetings held in the State of Florida so far.

Chairman Henley stated the meeting was very enlightening as to what the clientele thought about local government. He stated the theme was to take power away from the local government and give it to the State government.

Commissioner Morris stated Secretary Seibert recognized that things occur far more efficiently and are far more responsive to the local citizens when they are handled at the local level.

Upon inquiry by Chairman Henley, Mr. Grace advised he is not sure if they will rebroadcast this meeting.

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The Board recessed the meeting at 3:05 p.m., reconvening at 7:00 p.m., with all Commissioners, with the exception of Commissioner Van Der Weide who was absent, and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Proof of publication, as shown on page __________, calling for a public hearing to consider the Small Scale Comprehensive Plan Amendment from Office and Commercial to Planned Development; Rezone from A-1 (Agriculture) to PCD (Planned Commercial District); and approve Rezoning Development Order; property located north of SR 426 and ¼ mile east of SR 417, approximately 9 acres, Winston-James Development, Inc., received and filed.

Senior Planner Cindy Matheny addressed the Board to state staff recommends approval of Planned Development land use with findings that Planned Development land use, as proposed: (1) would be consistent with the locational criteria of the County’s Comprehensive Plan relating to Planned Development land use; (2) would be compatible with development trends in the immediate area; (3) would be consistent with adjacent Commercial and Office 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. She stated staff is also recommending approval of the rezoning to PCD with findings: (1) PCD zoning 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.

Ms. Matheny advised the Planning and Zoning (P&Z) Commission voted to recommend approval of Planned Development land use with staff findings; and approval of PCD zoning subject to the following conditions: (a) Development is approved for those permitted uses in the OP, CS, and C-3 zoning districts, with the exception of contractor’s equipment storage yards, lumber yards, paint & body shops, billboards, and mechanical garages, bus, cab and truck repair, and storage; (b) Pedestrian connections shall be provided between project parcels and within the office/warehouse lot, and shall be shown on the Final PCD site plan; and (c) In the southeast portion of the site, adjacent to Building A, special consideration shall be given to the adjacent live oaks in the landscape plan.

Charlie Madden, Madden Engineering, representing the developers, Winston-James Development, addressed the Board to state they have reviewed the staff comments and are in agreement. He said regarding the trees, they have no objection to that. They want to work with the oak trees and it is important to them to keep them healthy. He explained the idea at the P & Z meeting behind Condition #4 was that they would have the County Arborist come out and the developers would be able to take the trees and root systems into account in the landscaping plan so that they meet the County’s landscaping ordinance and don't damage the root systems that extend onto their property from Mrs. Stanko’s property.

Commissioner Maloy stated the two issues with the trees are the impact from construction upon the root zones and trees on Mrs. Stanko’s property and having to install trees and other landscaping into the root zone of the existing tree. He discussed with Mr. Madden that he would like to protect the root zone and have some waivers or flexibility to do something different around those specific trees.

Mrs. Stanko addressed the Board to state she is not in opposition but wishes to make sure they get protection for the trees, and she is asking to be consulted and not left out of the final plans and drainage. She said she is also concerned about the security light. She stated she would not like to have the developer's security lighting shining in their windows and would like as little as possible lighting shining on her property.

Upon inquiry by Commissioner Maloy, Mr. Madden stated they have not gotten to that point in the design where they are considering lighting, but they can look at that. He said the code requires certain wattage and the lighting cannot be directed towards the neighbors.

Upon inquiry by Commissioner Morris, John Dwyer, Section Chief, addressed the Board to state staff will look at the lighting during the final site plan. He said there are provisions for lighting in the Code.

Commissioner Morris discussed shoebox lighting.

Commissioner McLain discussed with Mr. Dwyer what procedures his office uses to follow up on the final development of a site to actually inspect in the field to see that the actual type fixture is put into place.

Upon inquiry by Commissioner Morris, Mr. Dwyer stated if the lighting is determined to be a violation of the development order, it could be taken before the Code Enforcement Board. Commissioner Morris suggested staff not issue the C.O. (Certificate of Occupancy) when there is a violation until it is fixed.

No one else spoke in support or in opposition.

The Speaker Request Form for Mrs. Stanko was received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to enact Ordinance #2000-11, as shown on page __________, approving the Small Scale Land Use Amendment 12-99SSS.3 for property located north of SR 426 and ¼ mile east of SR 417, approximately 9 acres; as described in the proof of publication, Winston-James Development.

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

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Motion by Commissioner Maloy, seconded by Commissioner Morris, to enact Ordinance #2000-12, as shown on page __________, rezoning property from A-1 (Agriculture) to PCD (Planned Commercial District), located north of SR 426 and ¼ mile east of SR 417, approximately 9 acres; as described in the proof of publication, Winston-James Development, Inc.; and approval of Rezoning Development Order, as shown on page __________, with staff recommendations; and also including the comments made at the P & Z regarding protection of the root zones on Mrs. Stanko’s property are to be incorporated as the development progresses and staff is to monitor and offer waivers for installation into the root zone to minimize the impact on those trees, and review carefully the lighting plan to be submitted at the master plan stage.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner McLain asked Mr. Dwyer to advise Mrs. Stanko of any upcoming meetings concerning the site plan and things of that nature.

Proof of publication, as shown on page __________, calling for a public hearing to consider Ordinance amending the Seminole County Land Development Code, received and filed.

Planning and Development Director, Frances Chandler, addressed the Board to state this is the second and final public hearing. She advised of two minor corrections which staff distributed to the Board (copies received and filed) regarding clarification of co-location of communication tower antennas (page 88) and minor plat provisions (page 107). She advised Mr. Mike Hattaway, Chairperson of Development Advisory Board (DAB), is in attendance.

Commissioner McLain asked Ms. Chandler to expound on Amendment Item #1 of the Code Amendments on boat docks. She explained this is a clarification on the definition of the structures for boat docks. Mr. Dwyer stated complaints came from the public that people were putting the docks anywhere they wanted without permits and encroaching on their property, and the staff thought it wise to require building permits in order to check the structure and determine what the setbacks should be. Discussion ensued with the Board.

Ms. Chandler stated staff would research the floating dock permit issue.

Commissioner Morris asked for the rationale and necessity for Amendment Item #34 (pages 115 and 116 of the proposed Ordinance), changing the requirement for increased pavement on 90 degree curves.

Ms. Chandler stated the Traffic Engineer prepared a memorandum of what he believed to be the appropriate language in the Land Development Code, and the Development Advisory Board concurred with the recommendation of the Traffic Engineer.

Commissioner Morris asked for the rationale of Amendment Item #17. He discussed with Mr. Dwyer the current standard for sidestreet setbacks. Ms. Chandler stated staff looked at other jurisdictions and the side street setbacks they used, and 15 feet was the common practice in other surrounding counties.

Commissioner Morris asked Ms. Chandler what was the logic for Amendment #16. Mr. Hattaway stated builders don’t want to have to come in and build a different model home for each different jurisdiction, but would like to keep their standard models. This also helps to keep the price of housing down.

City of Sanford Mayor Dale, Development Advisory Board member, addressed the Board to state a larger house could be built on the same lot with the change in the sideyard setback. He said the builders struggle to build the house size that meets the demand of the market with the 10 foot sideyard setback. Discussion ensued with Commissioner Morris.

Commissioner McLain questioned that with Amendment Item #14, how would the agricultural uses be dealt with that are selling hay or feed out of a trailer. Mr. Dwyer stated if the areas are zoned commercial and not in a rural area, these would not be able to continue operating. During discussion, Mr. Dwyer stated some of these uses might be grandfathered in. Whereupon, Commissioner McLain said he doesn’t want the Board to approve the Ordinance and six months later find that staff is trying to put these establishments out of business.

Commissioner Morris asked for staff to give the logic for Amendment #11. Ms. Chandler explained the recommendation from the Local Planning Agency and the Development Advisory Board was to reduce the open space to 22%. Upon further inquiry by Commissioner Morris, Ms. Chandler reviewed the discussion on what purpose it serves to have open space in the commercial areas. Whereupon, Commissioner Morris asked did the Board say they wanted more intense land use, and Ms. Chandler said staff did have a work session discussion with the Board on open space. Commissioner Morris stated he is concerned with what’s the purpose for eliminating open space.

Mr. Hattaway stated the DAB looked at the genesis of the 30% and could not find a reason for it. He said the DAB felt this was a win-win situation for everyone. They thought that by going to 22%, it allows a better yield of the property. He said he couldn’t think of any rationale to having 30% open space in an industrial park.

Kevin Spolski, DAB member, addressed the Board to state they implemented the St. Johns standards and the numbers came up with about 22%. He said he never heard of recreation in an industrial park.

Commissioner Morris said he understood what Mr. Spolski was saying but he doesn’t see the problem. He said this is diminishing the standards for the purpose only of economic yield.

Commissioner Maloy stated if the landscape was nice and the traffic flows, he wouldn’t see a big problem with this.

Commissioner McLain asked why not just have this 25% like everything else. He said he thinks some of the changes need to make some sense; going to 22% is extreme. He thinks it should be at the 25% level to have some commonality between these different areas.

Commissioner Morris asked how long does the zoning hold up before conditions change concerning active/passive buffer requirements in Amendment #9. Ms. Chandler stated if a site plan has been approved on the commercial/industrial and as long as it is a site plan in good standing within the one year, the zoning holds. Further, she stated once the Ordinance is enacted, if land is zoned industrial and A-1 zoning is adjacent and what was once agricultural now becomes residential and the applicant knew the land was industrial before coming in, it would not be required in the future to have the active/passive buffers on the industrial site. Commissioner Morris stated he thinks the new residential coming in should be required to put in the buffer because if not, the purpose is being defeated of transitional zoning when there is industrial next to residential. Otherwise, this would be building in a problem. Whereupon, Ms. Chandler said it would be simple to put this language in the Code.

Upon comment by Commissioner Morris that he thinks Amendment #8.b. is vague, Ms. Chandler explained the intent was to set up a zoning process. Commissioner Morris said he thinks without being specific, they will be back with the same problem on this, although this administrative process is a start.

Upon request by Commissioner Morris, Ms Chandler gave the logic for Amendment #2, clarify open space requirements.

Commissioner Morris stated he has significant areas of concern regarding Items #11, 17, and 9, as amended.

Commissioner Maloy discussed how the Board would handle making a motion on the proposed Ordinance.

Chairman Henley recessed the meeting at 8:22 p.m. and reconvened at 8:31 p.m.

Commissioner Morris discussed again Amendment Item #9 regarding the active/passive buffer requirements relative to transferring the burden of an industrial setback over to a residential person when they come in. He said when a future amendment comes back, he would hope for some rational setback or a wall requirement or setback that would allow the residential individual not to be burdened with the full requirement that the industrial has, because the residential would not have the impact on the industrial that came first. Upon inquiry by Chairman Henley, Commissioner Morris said he concurs that Amendment #9 should be done and then have staff bring back an improvement that deals with the residential sections. Mr. Hattaway stated he also agreed.

Ms. Chandler advised of another minor correction on page 29, Side Yard Regulations, line 12, to strike "R-1AA" and insert "R-1AA" on line 28.

No one else spoke in support or in opposition.

Chairman Henley suggested the Board deal with all the items collectively with one motion on the ordinance and then take Amendment Items #11 and 17 separately. There were no objections.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to adopt Ordinance #2000-13, as shown on page __________, amending the Seminole County Land Development Code, as described in the proof of publication, with the exception of Amendment Items #11, Section 30.1344, and #17, Section 30.186, Section 30.206, and Section 35.64.

Under discussion, Ms. Chandler responded to Commissioner McLain that she does think with the correction to the co-location of communication tower antennas (Amendment Item #36), this should be clarified explicitly.

Commissioner Maloy commented on some of the positive things he saw in the Amendments. He said he is happy with the ordinance overall and thinks it makes a lot of common sense.

Commissioner McLain reminded staff that the Board in the future wants to deal with the minimum size for apartments. He said this is an issue that just came up recently.

Commissioner Morris complimented Commissioner Maloy for his work on the apartment issue, and noted other issues he was very pleased with. He expressed that there were significant changes made that the Development Advisory Board requested and he thinks this has been a very good process.

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

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Commissioner Morris stated, concerning Item #11, reducing the open space requirement from 30% to 22%, that in those particular cases, this is very easily handled by the variance process. He said the variance process works and should be applied. He believes this amendment is too broad of a brush; it goes to commercial properties all over the county. He said he has not seen the problem as enumerated to the Board. He stated concerning Item #17, he cannot comprehend why it’s o.k. to be 25 feet on the front yard and even closer on the side yard. He said 15 feet away relative to the street is where the house should be. He said Seminole County is not an urban but a suburban area.

Commissioner McLain referred to Item #16 and said he does not understand the logic to have a 25-foot sideyard setback and 15 feet between each house. He said if they go to 7.5 feet as a sideyard setback in residential, then he thinks 15 feet on the corner lots is acceptable. Discussion ensued with Commissioner Morris.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve Amendment Item #17 to allow 15’ sidestreet setbacks on corner lots in residential districts.

Under discussion, Commissioner Morris reiterated his position.

Commissioner Maloy stated these have been discussed for over a year and staff has no opposition, and it sounds like a common sense idea of the business people and staff together. He said he doesn’t see a big problem with this.

Commissioner McLain said he thinks in R-1 and R-1A where they are allowing the 7.5’ setback, they definitely need to reduce it to 15’ on the sidestreet setback. He discussed further with staff the requirements by the Traffic Engineer and inquired about waivers for sidewalks in residential developments.

Commissioner McLain amended his motion to read, to allow 15’ sidestreet setbacks on corner lots in R-1 and R-1A to go along with the 7.5’ sideyard setbacks in residential. He clarified this modifies Item #17 to read allow 15’ sidestreet setbacks on corner lots in residential districts, with the exception of R-1AA, R-1AAA, and R-1AAAA.

Ms. Chandler advised this would be Section 30.206(b).

Commissioner Maloy seconded the amended motion.

Commissioners Morris and McLain expressed comments on the motion.

Ms. Chandler stated where changes would need to be made in the zoning regulations according to the motion.

Districts 1, 3, and 5 voted AYE.

Commissioner Morris voted NAY.

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Motion by Commissioner Maloy to approve reducing the open space requirements for conventional non-residential uses from 30% to 25% (Amendment Item #11).

Chairman Henley called for a second to the motion three times, without response, whereupon the motion died for the lack of a second.

Commissioner McLain asked Ms. Chandler to review page 85 of the draft ordinance on the open space requirements. Commissioner McLain stated he thinks there needs to be some room for reductions in open space requirements as long as setbacks are not dealt with and the landscaping requirements are not degradated, and they still are not allowing all the retention to be used for the open space. Ms. Chandler stated to do anything more than 22% would create open space they would not have to do under the current code. She explained staff had originally arrived at 25%, but since there was no criteria to decide which figure, they went with the 22%. Whereupon, Commissioner McLain stated he thinks going with 25% is reasonable.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to reduce the open space requirement for conventional non-residential uses from 30% to 25%.

Under discussion, Commissioner Morris stated these techniques could be applied when necessary. He said that is what the variance process is for, and why staff has consistently recommended applicants go to PCD and PUD’s rather than straight zoning. He said now staff is going to recommend straight zoning and that is why he can’t support this.

Ms. Chandler advised this is Section 30.1344 (d).

Districts 1, 3, and 5 voted AYE.

Commissioner Morris voted NAY.

Commissioner Maloy stated he would like to see staff take a closer look at redevelopment guidelines to make it easier for some of these corridor and other properties to redevelop. He said he is interested in having a work session and getting input from staff on this.

Ms. Chandler stated she has a list of land development amendments she will be bringing through and will bring details on this during this year.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:17 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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