BOARD OF
FEBRUARY
22, 2005
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday,
February 22, 2005, in the SEMINOLE
COUNTY SERVICES BUILDING at
Present:
Chairman
Vice
Chairman Brenda Carey (District 5)
Commissioner
Bob Dallari (District 1)
Commissioner
Randy Morris (District 2)
Commissioner
Dick Van Der Weide (District 3)
County
Manager Kevin Grace
Deputy
Clerk Carylon Cohen
The Invocation was given by Pastor Jody
McKewen, First Presbyterian Church, Sanford.
County Attorney Robert McMillan led the
Pledge of Allegiance.
AWARDS
AND PRESENTATIONS
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt
appropriate Resolution #2005-R-31, as shown on page _______, in memory of the
late Robert (Bob) French, who served as Seminole County Commissioner from 1976
to 1980.
Chairman Henley announced that the funeral
service is 11:00 a.m. today at Collinson Family Funeral Home, Sanford.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt
appropriate Resolution #2005-R-30, as shown on page _______, proclaiming the
month of March 2005 as “Purchasing Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris presented the
Resolution to Ray Hooper, Purchasing and Contracts Manager, and his staff; and
expressed congratulations.
Mr. Hooper stated his staff completed over
2,000 procurement actions last fiscal year with the estimated dollar value of
$116 million. In addition, they achieved
a documented savings of over $12 million by using the competitive procurement
process. He announced that a Vendor Fair
will be held on March 23 at 9:00 a.m. in the Commission Chambers in recognition
of Purchasing Month. He expressed thanks
to the Board for the Resolution.
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Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt
appropriate Resolution #2005-R-29, as shown on page _______, honoring Earnesto
Raya, Information Technologies Senior Technician, for his military service to
his Country.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey presented the Resolution
to Mr. Raya, who expressed his appreciation and showed a video of his fellow US
Navy Seabees that paid tribute to seven of the 32 in his unit who died in
service. In attendance with Mr. Raya was
a fellow Navy Seabee, who was a Purple Heart recipient. Mr. Raya, on behalf of his family, presented
the Iraqi Flag to the Board.
Chairman
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Commissioner Morris stated there has been a
dramatic increase in traffic accidents involving vehicles and pedestrians
across Central Florida, particularly in
Motion
by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate
Resolution #2005-R-32, as shown on page _______, declaring March 2005 as
Traffic Safety Month for
Districts 1, 2, 3, 4 and 5 voted AYE.
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Michael Staley, SCC Dean of Economic
Development & Employer Services, addressed the Board to give a PowerPoint
presentation on the status of
Chairman Henley asked for the support data
on which the Dashboard Report was based and asked how many small businesses go
out of business.
Mr. Staley explained the data is tracked
for a period of time, but it’s hard to keep track long-term if the business
moves out of the area. He advised in the
short-term, the statistics show that businesses that start in Florida have a
70% chance of failing; however, if they participate in the incubators and SBDC
activities, 70% of them succeed and are still in business five years
later.
Whereupon, Chairman Henley said he would
like to be provided in the future the names of those start-up businesses that
survive.
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Chairman Henley recessed the Board of
County Commissioners meeting at 10:11 a.m. to convene the meeting of the Board,
acting as the
Mark
Flomerfelt, Roads-Stormwater Manager, addressed the Board to answer questions
by Commissioner Dallari regarding Item #13, Change Order for Contract Agreement
with the St. Johns River Water Management District for the Middle Basin Initiative;
Little Econlockhatchee River Basin Evaluation and Lake Monroe Basin Watershed
Plan Implementation.
Motion by Commissioner Morris, seconded by Commissioner Carey, to
approve and authorize the following:
Community
Services
Community
Assistance
5. Approve
appointment of Todd Russell and Arthur Jackson to the Community Service Block
Grant Advisory Board.
Tourism Development
15. Approve and authorize Chairman to execute
Agreement, as shown on page _______, between
16. Approve and authorize Chairman to execute
Agreement, as shown on page _______, between
Economic Development
Add-On
16A. Adopt the appropriate Resolution #2005-R-33, as
shown on page _______, approving the issuance of industrial revenue bonds for
the purpose of financing the costs of acquiring a 64-unit intermediate care
facility for the developmentally disabled and paying certain expenses occurred
in connection with the issuance of the bonds, Fern Park LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to
approve and authorize the following:
Property Acquisition
17. Approve and execute Purchase Agreement, as
shown on page _______, for Parcel Identification Number 143, C-15/Elder Creek
(Ponds) improvement project, Macel E. Lee and Dianne Gazil property located at
18. Adopt appropriate Resolution #2005-R-34, as shown on page _______, rescinding previous resolutions
relating to the
19. Authorize Binding Written Offer/Offers of
Judgment relating to the Eden Park
Avenue road improvement project for Parcel Numbers 104 (John R. & Barbara
B. Ivey), 112 (Walter S., Jr. & Diana R. Creamer), and 114/714 (Arco
International, Inc.).
20. Authorize Binding Written Offer/Offers of
Judgment relating to the Bunnell
Road road improvement project for Parcel Numbers 114 (Mark Sanville), 115
(Johnnie F. Murray), 728 (Ruth Creamer), 736/737 (Florida Conference
Association of Seventh Day Adventists), 140 (Loyless Dagg & Lisa D. Acton) and
145/745 (The Pantry fka Lil Champ Food Stores, Inc.).
Districts
1, 2, 3, 4 and 5 voted AYE.
Constitutional Officer’s Consent Agenda
Motion
by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve and
authorize the following:
Clerk’s Office
21. Expenditure Approval Lists, as shown on page
_______, dated January 24 & 31, 2005.
22. Official Minutes dated January 25, 2005.
23. Noting, for information only, the following Clerk’s
“received and filed”:
1. Legal Services Agreement, as shown on page
_______, with Cobb & Cole per Board approval on December 14, 2004.
2. Basic Contract M-475-04, as shown on page
_______, with Crom Engineering & Construction.
3. Work Order #9, as shown on page _______, to
RFP-4123-01, Atlas Scientific Technologies, Inc.
4. Work Order #1, as shown on page _______, to
PS-5169-04, Bowyer-Singleton & Associates, Inc.
5. Memorandum to the BCC from County Manager
Kevin Grace regarding Capital Project Fund Transfer in the amount of $336,478
for the Criminal Justice Center Project.
6. Satisfactions, as shown on page _______, of
Connection Fees for the following projects:
Monroe Commerce Center West, Phase 3; Wayside Estates;
7. Customer Agreement, as shown on page _______,
for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and
Spray Easement for the project known as Sanford Cadillac – Sonic Development
LLC.
8. Letter
of acceptance and Bill of Sale, as shown on page _______, for water and sewer
for the project known as Astor Farms, Phase 3.
9. Amended
Notes and Mortgages, as shown on page _______, submitted to the Record for the
following: Flossie M. Ward, Eulace P.
Carter, Frances M. Richardson, Edna M. Gordon f/k/a Edna M. Harris, Jose Charon
& Isabel Charon, Patricia R. Holiday, and Juanita Collins.
10. Basic Contract M-476-05, as shown on page _______, with Connect
Consulting, Inc.
11. Change Order #1, as shown on page _______, to CC-1233-04, Cathcart
Contracting Company.
12. Customer Agreement, as shown on page _______, for Reclaimed Water
Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for
the project known as Walgreens - K&B Associates XII, LLC.
13. Conditional Utility Agreement, as shown on page _______, for Water
Service with Dix Ventures, Inc.
14. Conditional Utility Agreements, as shown on page _______, for Water
and Sewer Service with BW Plaza, LLC and Suncor Properties, Inc. (
15. Letter of acceptance, Bill of Sale and Warranty Deed, as shown on
page _______, for the project known as AK Business Center.
16. Amendment #1, as shown on page _______, to Work Order #10 for
PS-5150-03, Water & Air Research, Inc.
17. Work Order #27 and #28, as shown on page _______, to PS-5130-02,
Nodarse & Associates, Inc.
18. Second Amendment, as shown on page _______, to Agreement CC-1188-02
with One Source Roofing, Inc.
21. Maintenance Bonds for water and sewer in the amount of $23,311, as
shown on page _______, for AK Business Center, Phase 1 & 2, and in the
amount of $59,120, as shown on page _______, for
22. Basic Contract M-471-04, as shown on page _______, No-Abuse, Inc.
23. Amendment #1, as shown on page _______, to Work Order #6 for
RFP-484-00, LA Consulting, Inc.
24. Work Order #5, as shown on page _______, to Change Order #1 for
CC-1215-03, Gibbs & Register, Inc.
25. Term Contract, RFP-4228-04, as shown on page _______, with
Mansfield Oil Company.
26. Memorandum to Jerry McCollum,
27. Amendment #1, as shown on page _______, to Work Order #9 for
RFP-4123-01, Atlas Scientific Technologies, Inc.
28. Bids as follows: RFP-4234-04
Best and Final Offers; #2011-05; #2112-05; IFB-3099-05; and IFB-3102-05.
Districts 1, 2, 3, 4 and 5 voted AYE.
Legislative
Update
DCM Sally Sherman addressed the Board to report
that Senator Constantine and Representative Mealor both filed bills regarding
Deferred Compensation as SB 1254 and HB 787 (copies received and filed in the
agenda packet).
Ms. Sherman stated the Congressional
Delegation meeting dealing with hurricane debris was held on February 16 in
Ms. Sherman further reported that the
Seminole County Legislative Delegation Day was held and was successful. Senator Baker agreed to write a letter to FEMA,
and staff has drafted a letter for the Chairman’s signature, dealing with
debris and reimbursements to the County.
Upon inquiry by Chairman Henley, Ms.
Sherman advised the County has received to date $180,000 of the $33 million for
debris. She said $22 million has been
approved. The County has received $1.3
million for overtime for the Sheriff’s Department.
Upon inquiry by Commissioner Morris about
the private fire hydrants, Assistant County Attorney Steve Lee addressed the
Board to advise Eric Thorn has worked out some language with the interest
groups involved with Representative Carroll.
The committee meeting is upcoming soon when they will talk about
inserting that language in the existing bill already filed. He doesn’t believe this has been discussed
with Senator Miller yet as he was out ill.
Whereupon, Chairman Henley said he will follow up with Mr. Thorn on
this.
Commissioner Morris asked if the staff had
seen the new bill filed on Growth Management.
He said, apparently, DCA is going to step out of the way and the
Governor’s Office is going to take over the Growth Management issue. Ms. Sherman said she had not seen a copy
since the one provided two weeks ago.
Commissioner Morris said he received a copy of this new bill last
week. Whereupon, Commissioner Dallari
stated he would provide a copy of it to Ms. Sherman.
Upon inquiry by Commissioner Van Der Weide,
Ms. Sherman said she learned this morning that there is another bill on funding
the trauma center, but she does not have the information yet. Mr. Lee advised there are three or four
separate bills with separate sponsors on this issue.
Commissioner Carey noted she thinks they
had a good turnout at the hosted dinner on February 15. She thinks everyone had the opportunity to
talk about some of the issues. She
thanked staff for coordinating that and the Commissioners for attending.
Commissioner Morris thanked the Cities and
School Board for their attendance as well.
He thought it was a nice gathering and was successful. He complimented the staff also and asked that
they relay thanks to the consultants for hosting the event.
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Chairman Henley recessed the meeting at
10:30 a.m. and reconvened it at 10:39 a.m.
Matt West, Planning Manager, addressed the
Board to request approval of a reduction to the Code Enforcement Lien on the
property located at
Commissioner Morris discussed with Mr.
McMillan if other lien holders (mortgage holders) are notified when the County
liens a property. Commissioner Morris said
this is something staff might want to look into to facilitate these
matters. Mr. McMillan stated staff can
look at notifying other major lien holders.
Commissioner Carey stated she has had
discussions with staff about how they determine the administrative cost. She said they are working on coming up with a
formula.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve a
reduction to the Code Enforcement Board lien from $19,300.00 to the estimated
administrative cost of $791.07 for processing Case #04-27-CEB and require these
costs to be paid within 30 days or the lien will revert back to its original
amount of $19,300.00; and upon payment in full, authorize the Chairman to
execute the Satisfaction of Lien, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris said he thought they
had some type of action relative to wiping out the liens and maybe they should
take a formula-driven reduction. He said
the problem is the underlying landowner did not take care of the problem and
people had to suffer with the problem. That
doesn’t take away the damage that was done.
He asked if it is possible for staff to think about that. Mr. Grace said staff can work on a better
formula for recapturing the County’s cost, like Commissioner Carey talked
about. He said staff will bring back to
the Board some options.
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Gary Johnson, Public Works Director,
addressed the Board to
request
authorization to proceed with Streamlined Contracting and Budget Transfer
Processes for Hurricane-Related Restoration Projects funded by the Natural
Resources Conservation Service. He said
the projects need to be completed by June 1.
With concurrence from the Board, staff will be opening bids next week
and hopefully have the projects under way in a short time, rather than having
to come back to the Board each time for each separate award and process.
Commissioner Morris inquired about the
Lockhart-Smith Canal Erosion Control Project and said he remembers the numbers
being higher than $70,000.
Whereupon, Mark Flomerfelt stated this is a
small segment of the project included in this request, from SR 46 north to
Mr. Johnson advised Commissioner Dallari
that if they can’t get access to the piece of property named, then it won’t be
done. Mr. Flomerfelt reported on the
acquisitions that staff went to court last week and gained two parcels and one
parcel was condemned.
Commissioner Dallari said he wants to make
sure staff is moving forward to clean up the area as that could cause large
flooding. Also for some of the canals
and streams, that staff is actually going through and moving debris that is
hindering the flow of water.
Mr. Flomerfelt and Ed Torres explained to
Commissioner Morris what materials will be used when regrading.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey, to authorize
staff to proceed with streamlined contracting and budget transfer processes for
hurricane-related restoration projects funded by the Natural Resources
Conservation Service, as follows: (1)
approve and authorize a two-week advertisement period from availability of
final plans and specifications for solicitation of competitive bids for the
Emergency NRCS funded projects pursuant to FS 255.0525(2) (5)(a) and (5)(b),
with advance advertising of preliminary scopes and mailing of bid solicitation
notices whenever feasible; (2) authorize the Chairman to execute contract
awards for these projects in priority order, subject to each project contract
award being made to the apparent lowest responsible, responsive bidder, and
provided that adequate funds are available within the total $6,988,000
allocated funding; and (3) authorize the Chairman to execute any budget change
requests not allowed under County Manager authority in Resolution 2002-R-94
which may be necessary for the Emergency NRCS funded projects so long as the
total budget allocations within the CIP Family #002336XX do not exceed
$6,944,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Lisa Spriggs, Fiscal Services Director,
addressed the Board to request adoption of Resolution related to the issuance
of the remaining $6.1 million of the original $25 million voter approved referendum
November 7, 2000, for the purchase of environmentally sensitive lands and the
construction of trails, greenways and blueways.
Motion
by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate
Resolution #2005-R-35, as shown on page _______, authorizing the issuance of
the remaining $6.1 million Limited General Obligation Bonds, Series 2005, of
the original $25 million voter approved referendum November 7, 2000, for the
purchase of environmentally sensitive lands and the construction of trails,
greenways and blueways.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Spriggs updated the Board on the Water
and Sewer Revenue Refunding Bonds, Series 2005, and Municipal Market Data (MMD)
Rate Lock proposal by Bank of America, Senior Manager. She stated staff is recommending the
resolution is in tact for approval today so they can go to the negotiating
sale. She advised that Bond Counsel,
John Stokes, distributed the updated resolution (copy received and filed) today.
Mr. Grace explained that all the documents
are together in the resolution and are ready to go, if the Board is comfortable
and approves all those today. Staff can
proceed with the Resolution rather than the rate lock.
Upon inquiry by Commissioner Carey, Gary
Akers, Financial Advisor, stated the Resolution does not speak to the rate
lock.
Upon inquiry by Commissioner Van Der Weide,
Mr. Akers said they expected to come back to the Board on March 8, but if they
can expedite and get to the market earlier, it would make sense to do so. They are trying to get the minimum savings
level of 3%.
Ms. Spriggs explained the market did
decline and is now at the 3.6% savings without the rate lock. The updated Resolution is to proceed with the
bond issue.
Mr.
Akers advised Commissioner Morris that the updated Resolution is for the
refunding of the 1999 bonds provided they get the 3% minimum savings, and
without the 3%, there won’t be a bond issue.
Motion
by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate
Resolution #2005-R-36, as shown on page _______, authorizing the refunding of
the 1999 Water and Sewer Revenue Bonds, and authorize the Chairman, Vice
Chairman and County Manager to proceed on the bond issue and sale based upon
the limitations (3% minimum savings) therein.
Under discussion, Commissioner Morris said
he doesn’t see any reason to move forward with the rate lock.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Akers stated that since the savings has
declined, especially in the past week, if they pay the premium out of the bond
issue, they would not reach the 3% savings threshold, so they could not do that
as it would not make sense. The
resolution offers the alternative that, if at some point it makes sense in the
future to enter into the rate lock, then the Board could adopt that. He said at this point, it is not financially
feasible on the rate lock.
Scott Harris, Bank of America representative,
addressed the Board to explain the rate lock proposal. A booklet on the MMD Rate Lock Discussion and
MMD dated February 22, 2005, were received and filed.
Mr. Grace said the Board has to understand
there are risks involved if they go to the rate lock.
Mr. Harris explained how the rate lock
works, stating the County would be buying an insurance premium against the
rising interest rates. The risk is the
issuance of the bonds. If the County
enters into the transaction and for some reason the bonds are not issued and
rates fall, there would still be a payment.
Commissioner Morris added if the County chose not to do anything at all,
they would still be paying an insurance premium.
Commissioner Van Der Weide said he doesn’t
see a whole lot of clear cut enthusiasm by the financial advisors. He asked for the opinion of Mr. Grace.
Mr. Grace said he’s not comfortable with
the rate lock; he thinks it is risky.
Mr. Akers said they are talking about
minimal savings where the rate lock won’t work today, and if it does work next
week, the County would pay out anything above 3%. That’s his concern.
The consensus
of the Board was to take no action on the rate lock.
Jamie Croteau, Administrative
Services Director, addressed the Board to request Board direction on revising
rates in the Seminole County Towing and Transport of Vehicles Ordinance, and
amending Ordinance Number 2000-19. Ms. Croteau stated the current rates have
been in effect since the Year 2000.
Staff is recommending a $12 increase to the maximum nonconsensual and
trespass tow rate for a total of $112.
Staff is also recommending a decrease in the mileage from 15 miles to 10
miles before the mileage charge can occur.
Commissioner
Van Der Weide stated that historically, if they look at the relationship of the
citizens with the towing companies, the State law had to step in. He thinks they have come a long way to
solving the problem they had. This is
obviously a situation where costs have crept up because of fuel charges. He asked if that is the reason staff is
suggesting changing the mileage to after 10 miles instead of after 15 miles for
the mileage charge.
Ms. Croteau said when the request came in,
it was about insurance and fuel costs.
Commissioner Morris said he agrees with the
staff recommendation to make the rate and mileage changes accordingly. He also thinks the County is out of whack on
the $15 a day storage cost versus $20 a day which is what the surrounding
counties are recommending. He said the
only other option would be to get that up to $20.
Commissioner Van Der Weide said he thinks
things have improved drastically. This
is another case where government has had to step in because of some outlaws in
the business, but on the other hand, look at the irony of this. He knows AAA can get this done a whole lot
less and there are other people who can get this done for a whole lot less.
Commissioner Dallari clarified that this is
for nonconsensual towing and is to keep the roads free of cars abandoned along
the roads.
Ms. Croteau said this is for incapacitated
or unavailable owners or those not known.
Commissioner Van Der Weide made the motion
and Commissioner Carey seconded to approve the staff recommendation. Whereupon, Mr. Grace advised this will come
back before the Board for action; this is just a briefing today by staff, and
no motion is needed.
Commissioner Morris asked if Commissioners
Van Der Weide and Carey would concur with the increase to $20 per day for
storage, but the Commissioners said they would only support the staff
recommendation at this time.
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Suzan Bunn, Tourism Development Director,
addressed the Board to give an update on the Tourist Development Council’s
2004/05 Marketing Plan. She gave a
PowerPoint presentation (not received and filed) on the following topics: Tourism Department Structure; Who Sells
Seminole County?; State of the Industry Revenue/Budget, Occupancy/ADR; Focus
Group Research; New Marketing Direction; Corporate Business Travelers; Small
Meetings; Sports Events; and Other Markets.
Upon inquiry by Commissioner Van Der Weide,
Ms. Bunn said she is working the chamber on the Bike Week event.
Commissioner Dallari questioned Mr. Grace
why the agenda packets are due on Wednesdays and this information came to the
Board on Friday. He said the Board for
the past month or two has been asking Mr. Grace that all information from staff
be put together at the same time. He
said he expects that in the future, this does not happen.
Ms. Bunn answered questions by Commissioner
Dallari concerning plans to increase hotel capacity, the Meeting Guide, showing
Commissioner Morris stated he was pleased
to see the beginning of changes that reflect what the Board has asked for as
far as focus on the business traveler.
He discussed re-publication of the 2004 Meeting Guide and said he had
found several errors. He said the Board
wants to assist Ms. Bunn and would be happy to help her if she lets them know
of the need. He said the Board could
help her in getting a domestic terminal at the airport. He asked that Ms. Bunn report back to him on
being included in Starport.
Commissioner Carey stated as liaison
Commissioner to the airport, she has not been asked, but would be happy to help
with the domestic terminal. She said
there has not been a good job done to get the message out about
Commissioner Morris asked what happened to
the idea of having a video of the local attractions that would be viewed in
hotels. Ms. Bunn said she thinks that is
a great opportunity and she could report back to the Board on that.
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Chairman Henley announced that the next
Briefing item, Land Development Code Update, will be deferred to this
afternoon’s meeting.
Mr. Grace advised that staff has a request
for continuance for Item #34, Rezone/Charles W. Clayton, Jr., to March 8, 2005
at 1:30 p.m. The applicant requested a
continuance to March 22 for Item #37, Large Scale Land Use Amendment for Mikler
Shoppes and Rezone/Javier E. Omana. The
applicant for Item #32, Appeal of the Board of Adjustment’s decision/Richard
and Jay Shirah/Earthcom, Inc., is asking the Board to deny their application
without prejudice at the scheduled hearing time. Mr. Grace said if the Board has no
objections, staff will try to notify citizens of the two continuances.
Mr. West advised he is trying to contact
the applicant for Item #37 as there is concern about who made the request.
Mr. McMillan explained staff is not sure
the request for continuance was from someone authorized to make such request
and that needs to be verified.
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The Chairman recessed the meeting at 11:59
a.m., reconvening at 1:30 p.m., with all Commissioners (with Commissioner
Morris entering late) and all other Officials, with the exception of Deputy
Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were
present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize the
filing of the proofs of publication for this meeting’s scheduled public
hearings.
Districts 1, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
APPEAL
AGAINST BOA,
RICHARD
& JAY SHIRAH/EARTHCOM, INC.
Continuation of a public hearing to
consider an Appeal of the Board of Adjustment’s decision to approve the request
for a Special Exception to establish a 194-foot tall monopole communication
tower in the A-5 (Rural Zoning Classification District); and associated
variances from 582 feet to 60 feet; 582 feet to 230 feet; 582 feet to 270 feet;
582 feet to 450 feet and 582 to 535 feet to reduce the minimum distance
separation from the proposed tower to the nearest properties with single-family
dwellings, for property at 4056 Gilder Rose Place, as described in the proof of
publication, Richard & Jay Shirah/Earthcom, Inc.
Planner, Kathy Fall, addressed the Board to
advise the applicant has requested the Board deny the request without prejudice
so that they can reapply within a year.
Copy of email from Richard Shirah was received and filed.
Chairman Henley noted that a denial of this
item would be a reversal of the Board of Adjustment’s approval.
Commissioner Morris entered the meeting at
this time.
District Commissioner Morris stated there
have been repeated delays on this item because of the change in ownership of
the company and he would rather deny this request outright and see the
applicant get reorganized and start over again.
No one spoke in support or in
opposition.
Motion
by Commissioner Morris, seconded by Commissioner Dallari to deny with prejudice
Appeal, thereby, overturning the Board of Adjustment’s decision to approve the
request for a Special exception to establish a 194-foot tall monopole
communication tower in the A-5 (Rural Zoning Classification District); and
associated variances from 582 feet to 60 feet; 582 feet to 230 feet; 582 feet
to 270 feet; 582 feet to 450 feet and 582 to 535 feet to reduce the minimum
distance separation from the proposed tower to the nearest properties with
single-family dwellings, for property at 4056 Gilder Rose Place, as described
in the proof of publication, Richard & Jay Shirah/Earthcom, Inc.
Under discussion, District Commissioner
Morris stated the number of variances requested are very unusual.
Districts 1, 2, 3, 4 and 5 voted AYE.
APPEAL
AGAINST BOA,
NATIONAL
ADVERTISING CO./GLENN N. SMITH
Proof of publication, as shown on page
_______, calling for a public hearing to consider an Appeal against the Board
of Adjustment’s decision to uphold the Planning Manager’s denial of the
reconstruction of a non-conforming outdoor advertising sign in the A-1 District
National Advertising Co., received and filed.
Planner, Earnest McDonald, addressed the
Board to present the request, showing photographs of the billboard in its
various stages of repair. He reviewed
the history of the property, advising the billboard was damaged during last
year’s hurricanes and subsequently dismantled for repairs. A stop work order was issued by the County
and the Planning Manager informed the appellants of the billboard’s
nonconformity in the A-1 District and the inability to replace or repair the
structure. He said that upon visual
inspection, the sign appeared to have more than 50% of its components
damaged. The appellants continued to
reconstruct the sign and were provided 30-days to remove it or the matter would
be referred to the Code Enforcement Board.
He further advised that the staff has determined the billboard was
issued a DOT permit in 1969, the year when the State began regulating outdoor
advertising signs. Subsequent amendments
to the code rendered the existing sign a nonconforming use. The appellants allege that by virtue of the
executive order authorizing emergency repair/replacement/restoration of
structures damaged by Hurricane Charley, the subject billboard was legally
repaired and/or replaced. They also
assert that billboards are allowed in any non-residential zoning district under
a code section that is irrelevant to determining the conforming status of the billboard
in question since the same is not a part of an approved billboard
agreement. He advised Part 7, A-1
(Agriculture District) of the LDC prohibits the establishment of outdoor
advertising signs and staff has determined that this is a nonconforming sign
and therefore, recommends upholding the Board of Adjustment affirmation of the
Planning Manager’s denial of the reconstruction of a nonconforming outdoor
advertising sign in the A-1 District.
Attorney William McCormick, representing
the appellant, addressed the Board to distribute a notebook of information
(received & filed) regarding this appeal.
He clarified that they are not making any arguments with regard to any
authority by the emergency order from the hurricane. He said they are only appealing the Planning
Manager’s determination that the billboard is not permitted in an A-1
zone. He discussed the County’s sign
regulations and the permitted uses under the A-1 Agriculture District, stating
billboards are not specifically listed as permitted or prohibited; therefore,
he believes it leaves open the possibility that if a use is not listed, then
it’s a permitted use. He cited Section
30.1253(d), Outdoor Advertising Sign Agreements in Ordinance #2003-20, which
states, “Notwithstanding anything to the contrary elsewhere in this Code,
except as found in Section 30.1253(b), outdoor advertising signs may be
permitted in any non-residential zoning district...”. He said A-1 is a non-residential district,
and therefore, the billboard should be allowed.
He further said they believe the sign is conforming and is permitted in
the A-1 District.
Chairman Henley stated three Commissioners
present today were on the Board when Ordinance #2003-20 was adopted and know
what the intent of Section 30.1253
is.
Upon inquiry by Commissioner Morris,
Attorney McCormick advised the information brought up by staff (more than 50%
of the sign was rebuilt) is not what is before the BCC at this time. He further advised the issue is if this is a
conforming use under the A-1 District.
He added that the extent of the damage will be presented before the Code
Enforcement Board and they will dispute that more than 50% of the sign was
destroyed.
Attorney McCormick concurred with Attorney
McMillan’s statement.
Commissioner Morris stated the section
cited by Attorney McCormick is specifically for outdoor advertising sign
agreements which the Board specifically set aside in order to negotiate with
the industry to take signs down and he feels that is a completely separate
issue. He said, in this case, there is
no sign coming down and no replacement going up.
Attorney McCormick argued that
nevertheless, the BCC made a decision that billboards are a permitted use in
the A-1 District. Discussion
ensued.
Attorney McMillan concurred with
Commissioner Morris, stating that with regard to Section 30.1253, only if a
billboard agreement is entered into, the Board could authorize a sign in a
zoning district in which they were otherwise prohibited and that would only be
if the Board found a public interest in exchanging and taking down other signs. He added this is the clear understanding of
Section 30.1253. He further stated that
in this case there is no billboard agreement and that is the only time there
can be a billboard in an A-1 District.
Attorney McCormick cited a case which was
included in his information book under Tabs 9, 10, 11 & 12.
Commissioner Van Der Weide advised he also
was on the Board when Ordinance #2003-20 was adopted and he disagrees with
Attorney McCormick’s interpretation.
Quentin (Bob) Bertel, President of the
Markham Woods Association, addressed the Board to state the Association has
been involved in the removal of all billboards in this area and would request
the Board deny the appeal.
Copy of Speaker Request Form was received
and filed.
No one else spoke in support or in
opposition.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to deny the
Appeal, thereby, upholding the Board of Adjustment’s affirmation of the
Planning Manager’s denial of the reconstruction of a nonconforming outdoor
advertising sign in the A-1 (Agriculture District), 1675 Dixon Road, as
described in the proof of publication, National Advertising Company/Glenn N.
Smith; Decision on Appeal, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST
TO REZONE FROM A-1
TO
PUD, CHARLES W. CLAYTON, JR.
Proof of publication, as shown on page
_______, calling for a public hearing to consider an Ordinance approving
proposed Rezone from A-1 (Agriculture District) to PUD (Planned Unit
Development District) and PUD Preliminary Master Plan on approximately 23 acres
located at the southwest corner of SR 417 (Central Florida Greenway) and SR 426
(Aloma Avenue), Charles W. Clayton, Jr., received and filed.
Planner, Tony Matthews, addressed the Board
to advise the applicant is requesting a continuance to March 8, 2005. Copy of e-mail from Ted Buckley regarding
same was received and filed.
No one spoke in support or in
opposition.
Motion
by Commissioner Dallari, seconded by Commissioner Carey to continue until March
8, 2005, at 1:30 p.m., or as soon thereafter as possible, consideration of a
request to Rezone from A-1 (Agriculture District) to PUD (Planned Unit
Development District) and PUD Preliminary Master Plan on approximately 23 acres
located at the southwest corner of SR 417 (Central Florida Greenway) and SR 426
(Aloma Avenue), as described in the proof of publication, Charles W. Clayton,
Jr.
Districts 1, 2, 3, 4 and 5 voted AYE.
BOAT DOCK REGULATIONS ORDINANCE
Proof of publication, as shown on page
_______, calling for a public hearing to consider the Boat Dock Regulations
Ordinance amending the Seminole County Land Development Code, received and
filed.
Planning Manager, Matt West, addressed the
Board to advise this is the second of two public hearings on this issue. He added staff is recommending approval.
No one spoke in support or in
opposition.
Motion
by Commissioner Dallari, seconded by Commissioner Carey to adopt Ordinance
#2005-5, as shown on page _______, amending the Seminole County Land
Development Code regarding boat dock regulations, as described in the proof of
publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Principal Coordinator, Alice Gilmartin,
addressed the Board to introduce the County’s consultant, Lee Einsweiler of
Duncan/Associates.
Lee Einsweiler addressed the Board to brief
the Board and receive direction with regard to the Land Development Code
Update.
Commissioner Dallari left the meeting at
this time.
Mr. Einsweiler briefly reviewed the process
the staff is doing with regard to going through the Development Advisory Board
(DAB) and then presenting changes to the BCC.
Commissioner Dallari reentered the meeting
at this time.
Mr. Einsweiler explained that for today’s
briefing, he would like direction from the Board as to whether they want staff
to pursue the list of 14 changes that are included in the Agenda
Memorandum.
Commissioner Van Der Weide stated that
under Item #5, Religious Institutions in residential and rural district, it
looks like they are trying to restrict the size of churches and he is against
that.
Chairman Henley concurred with Commissioner
Van Der Weide, stating he cannot support Item #5.
Ms. Gilmartin advised the intent is to
apply this to the rural area only and staff is looking to regulate the scale of
only accessory uses of churches, such as day cares and schools.
Chairman Henley stated churches look at
their day cares and schools as part of their ministries.
Mr. West stated it appears the Board’s
consensus is to not have staff spend any more time on Item #5; therefore, that
item will be removed from the list.
A brief discussion ensued with regard to
Item #1, Increased Administrative Authority.
The Board agreed to move this item forward with further explanation from
staff to the Board of specific modifications.
The Board voiced no objections to moving forward with Item #2, Overlay Design
Standards for
Under Item #3, Lot Size Averaging, Chairman
Henley stated he does not agree with this proposed modification if it is used
to increase density without criteria.
Mr. Einsweiler advised that many developers
cannot meet the density because of the lot area standards. Whereupon, the Chairman stated that if some
criteria is included, he would not have a problem with it.
Discussion ensued with regard to Item #4,
Accessory Dwelling Units. Commissioner
Morris stated he is totally opposed to this revision.
Commissioner Van Der Weide said he would not
want these units to be rental units; and if that cannot be regulated, he would
also oppose this item.
Chairman Henley said he believes this would
open up a big can of worms.
The Board, by consensus, agreed to delete Item #4 from review.
With regard to Item #6, Home Occupation,
Commissioner Morris advised DCM, Don Fisher, has done some work on this and the
Board may want to be briefed by him prior to moving this item forward. The Board voiced no objections.
Discussion ensued with regard to Item #7,
Parking Lot Landscaping. Commissioner
Morris said he does not hear anyone complaining about this; although, he would
not have a problem bringing this back with a little more flexibility built in.
Commissioner Carey stated she would like to
see more drought-tolerant plants used.
The Board voiced no objections to moving forward the following: Item #8, Improve Consistency of Buffers; Item
#9, Reduce Monotony of Walls & Fences; and Item #10, Create a Land Clearing
Permit for use in the East Rural Area.
Under discussion of Item #11, Approach to
Design Standards, Commissioner Carey suggested having some flexibility by
providing a list of standards and letting the developers pick and choose which
items they will do.
Commissioner Van Der Weide stated he agrees
with being able to have flexibility.
The Board voiced no objections to moving Item #12, Improve Nonconforming Provisions,
forward for staff review.
With regard to Item #13, Stormwater Pond
Fencing, Commissioner Dallari stated he would like to see staff look at PVC
fencing.
Discussion ensued with regard to Item #14,
Water Conservation Issues. Commissioner
Dallari said he would like to see if property owners using surface water as a
form of reuse could be allowed.
Commissioner Morris indicated he agrees
with the first requirement listed that 100% of landscaping does not have to be
irrigated. However, he does not agree
with the water use zone requirements for plants.
Attorney McMillan pointed out that the
Board has had a tendency to try to deal with conditions placed on the County’s
utility operations as if they are development regulation concerns rather than
dealing with those conditions as conditions on utility customers. He said the Board needs to keep in mind that
these conditions should be for utility customers and not put in the Land
Development Code.
CHAIRMAN’S REPORT
No report.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey thanked staff on a job
well done in preparing for the Annual Awards Luncheon and the State of
Commissioner Dallari concurred with
Commissioner Carey and noted that the Legislative Session in
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Commissioner Dallari referred to an
article (copy received & filed) in the Orlando Sentinel highlighting
the County’s efforts to showcase local artists in County facilities.
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Commissioner Dallari briefly discussed a
letter (received & filed) received from Oviedo City Manager, Jerry Seeber,
regarding opportunities for cooperative projects in the City. He advised that the City is also asking for
assistance on SR 426/CR419 improvements and they have written Congressman Tom
Feeney (copy of letter received & filed) asking for funding for same and
for other City improvements.
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Commissioner Morris thanked all who
attended the groundbreaking for the Kids House.
He also thanked the Board for their continued support of same.
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Commissioner Morris complimented the
Chairman on his State of
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Commissioner Morris noted that March is
Traffic Safety Month and the MetroPlan will be working with area officials and
law enforcement to propose solutions to improving safety. He advised there is a meeting scheduled on
March 10 at 2:00 p.m. at the Citrus Bowl offices on this issue, and he invited
all Commissioners to attend.
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Commissioner Van Der Weide noted he
attended the last meeting of the Port Authority.
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Commissioner Carey briefed the Board of a
recent discussion she had with the City of
Mr. Grace advised he will meet with Commissioner
Carey and fully brief her on this item.
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Commissioner Morris advised he will be
attending meetings with the Cities of Casselberry, Longwood and Winter Springs
to discuss infrastructure issues related to the trails.
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Commissioner Carey reported that there will
be a Rural Lands meeting held at
The following Communications
and/or Reports were received and filed:
1. Memorandum
dated 2/11/05 to Sandy McCann, Supervisor, Co. Commission Records Office, from
Becky Noggle, Sr. Coordinator, Environmental Services, re: Submission into
2. Copy
of letter dated 2/10/05 to Steven Mason, Esq. from Stephen Lee, Deputy Co.
Attorney, re: Seminole Co. Public Decency Ordinance.
3. Letter
dated 2/08/05 to BCC from Fla. Department of Children & Families, re:
Changes within the Economic Self-Sufficiency Services Program. (cc:
Co. Manager, Deputy Co. Managers, Community Services Director, Sheriff
Office)
4. Letter
dated 2/09/05 to BCC from Robert Hyres, John Jennings, and Tom Dolan, Waste
Pro, re: Thank you for awarding Solid Waste & Recycling Agreement. (cc:
Co. Manager, Deputy Co. Managers, Solid Waste Manager)
5. Notice
of Public Hearing to consider appeal of denial of a conditional use for City of
6. Letter
dated 2/5/05 to Chairman from Jaryn Emhof, Legislative Assistant, Office of
Senator Daniel Webster, re: Receipt of Commissioner’s opposition to SB620. (cc: BCC, Co. Manager, Deputy Co. Managers,
Co. Attorney, Co. Lobbyist)
7. Notice
of Public Hearing to consider conditional use for City of
8. Copy
of memorandum dated 2/07/05 to Commissioner Dallari (with attachments) from Tom
Daly and Mike Oliver, Centex Homes, re:
9. Copy
of letter dated 2/07/05 to Commissioner Carey (with attachments) from Jeanne L.
Gold, Executive Director, Safehouse of Seminole, re: Response to Safehouse of
Seminole letter.
10. Memorandum dated 1/14/05 to BCC (with
attachments) from Lisa Spriggs, Fiscal Services Director, re: Budget Change
Requests approved by Co. Manager, Fiscal Services Director and financial
transactions approved by the BCC.
11. Copy of letter dated 2/07/05 to Larry Dale,
President, Seminole Co. Wildlife Association, Inc. (with attachments) from
Kevin Grace, Co. Manager re: Cameron-Thrasher property/Boar’s Nest Hunt Camp.
12. Letter dated 1/31/05 to BCC (with attachment)
from John Saboor, Executive Director, and Doug Barclay, Seminole Co. Marketing
Manager, Central Florida Sports Commission, re: December 2004 activities and
upcoming events.
13. Notice and Agenda for Seminole Co. Port
Authority meeting 2/07/05.
14. Copy of letters dated 2/07/05 to Honorable Lee
Constantine and Honorable David Mealor from Chairman re: Sponsoring Deferred
Compensation Bill.
15. Parks/Recreation Contracts, as shown on page
_______, between Seminole County Government and the following: Matt Steverson (Tennis Instructor), David
Silvia (Tennis Instructor), Brian Morrissey (Tennis Instructor), Sandra Field
(Slow Pitch Softball Scorekeeper), Chelsea Maratta (Tennis Instructor), Sergio
Rivas (Tennis Instructor), Daniel Keating (Tennis Instructor), Timothy Lynch
(Tennis Instructor), James Lanzi (Tennis Instructor), David Hernandez (Tennis
Instructor), Michael Custer (Tennis Instructor), Henry Lenhardt (Tennis
Instructor), Mick Andrews (Tennis Instructor), Clint Ekelund (Tennis
Instructor), Taryn Lamonettin (Tennis Instructor), Alice Reen (Tennis
Instructor), Patricia Gearet (Tennis Instructor), John Gegenheimer, IV (Tennis
Instructor), Deborah Coreil (Tennis Instructor), Lauren Wolken (Tennis
Instructor), Marjorie Harris (Tennis Instructor), Jason Sullivan (Tennis
Instructor), Sarah Harkins (Tennis Instructor), Donnie McGinnis (Tennis
Instructor), and Frankie Austin (Tennis Instructor).
16. Parks/Recreation Contracts, as shown on page
_______, for Services: Tennis Instructor (Cynthia Harkins); and Slow-Pitch
Softball Umpire (Larry Sprick, Duane E. Taylor).
17. Copy of Memorandum dated 2/14/05 to Kevin
Grace,
18. Memorandum dated 2/14/05 to BCC from Kevin
Grace,
19. Copy of letter dated 2/14/05 (with attachment)
to Ron McLemore, Winter Springs City Manager, from Kevin Grace,
20. Copy of memorandum dated 2/7/05 (with
attachment) to Commissioner Dallari from John Alvarez, Palm Valley HOA Board of
Directors, re: proposed Walden Chase townhome development.
21. Copies of letters (various dates) from Jane
Peterson, Library Services Manager, re: appreciation of donations to Seminole
County Public Library System to: Dawn Goldsmith; Erin & Meredith Hoag in
memory of Andrew Sotak; Dorothy D. Smith in memory of Gladys S. Foures; and
Bill Rogers.
22. Letter dated 2/17/05 to Chairman Henley (with
attachment) from Michael Barr, Seminole Soil & Water Conservation District,
re: request for $25,000 grant funding for programs including Black Hammock
Watershed Improvement District, Water Wise Yards (Expanded), Adopt-A-Spot, and
23. Notice of 2/28/05 City of
24. Copy of memorandum dated 2/18/05 to Sandy
McCann, Commission Records, from Becky Noggle, Environmental Services, re:
Submission into
25. Copy of letter dated 2/15/05 (with attachment)
to Commissioner Dallari from Virginia J. Andreski re: sale of mobile home parks
to developers of townhomes.
Mr. Grace reminded the Board that the next
Priority Work Session is scheduled for March 1, 2005 at 1:30 p.m. in the BCC
Chambers.
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The Chairman recessed the meeting at 3:34
p.m., reconvening at 7:00 p.m.,
with all Commissioners (with Commissioner Henley being absent, and Commissioner
Morris entering late) and all other Officials, with the exception of Deputy
Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were
present at the Opening Session.
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Vice
Chairman Carey advised that Chairman Henley will not be attending the meeting
this evening as he is ill.
PUBLIC
HEARINGS
BOA
APPEAL/Karl Sanders/Edwards Cohen
Continuation
of a public hearing to consider an Appeal of the Board of Adjustment’s denial
of a (1) special exception to establish a 150-foot tall “ecclesiastical”
communication tower in the A-1 (Agriculture District); and (2) associated
variances from 450 ft. to 350 ft., 450 ft. to 250 ft.; 450 ft. to 237.4 ft. and
450 ft. to 300 ft. to reduce the minimum separation distance required between a
proposed 150 ft. tall “ecclesiastical” communication tower and properties with
single-family residential dwellings, as described in the proof of publication,
Karl J. Sanders/Edwards Cohen.
Vice
Chairman Carey advised that staff has received a letter (received and filed)
from the applicant requesting that this item be withdrawn. She stated the Board discussed the request
this afternoon and it will be withdrawn
without prejudice.
AMENDMENT/REZONE/Javier
Omana
Continuation
of a public hearing to consider a Large Scale Land Use Amendment from LDR to
PD; and Rezone from A-1 to PCD on approximately 44 acres, located east of
Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, as
described in the proof of publication, Javier E. Omana.
Vice
Chairman Carey advised the applicant is requesting that this item be continued
to March 22, 2005. A letter from the
applicant and a fax from Attorney Meredith Pickens requesting the continuance
were received and filed.
No
one spoke in support or in opposition of the continuance.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to continue to March 22, 2005 at 7:00
p.m., or as soon thereafter as possible, request to approve Large Scale Land
Use Amendment from LDR to PD; and Rezone from A-1 to PCD on approximately 44
acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia
Road intersection, as described in the proof of publication, Javier E. Omana.
Districts
1, 3 and 5 voted AYE.
Commissioner
Morris entered the meeting at this time.
REZONE
SPROUL BIBLE COLLEGE/Guy Rizzo
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone from A-1 (Agriculture District) to PUD (Planned Unit
Development) and PUD Preliminary Master Plan on approximately 32 acres located
on the south side of Wayside Drive, approximately 550 ft. east of the
intersection of Wayside Drive and Orange Blvd.; and approval of the Development
Order, Guy T. Rizzo, received and filed.
Tony
Matthews, Planning, addressed the Board to present the request. He stated the site consists of two
single-family residential dwelling units and accessory buildings. On November 15, 2004, the Board of Adjustment
(BOA) approved a special exception to establish a theological studies college
on the western portion, approximately 16 acres using the existing
buildings. The development order
includes those conditions that were placed at the Board of Adjustment (BOA)
hearing. The two existing residences and
accessory buildings will be converted into classroom and administrative space
for up to 70 students. The proposed
single-family lots will be a minimum of 11,700 sq. ft., consistent with R-1AA
single-family district zoning classification.
The applicant has stated that the proposed single-family homes will be
sold for fee simple ownership and are not primarily intended as temporary
residences for students attending the proposed
Upon
inquiry by Commissioner Morris, Mr. Matthews advised he believes the trees can
be protected along the southern boundary.
Staff will ask the applicant to show that on the plan when it comes back
during the final master plan.
Guy
Rizzo, applicant, addressed the Board to state he agrees with all the proposed
changes. He stated aesthetics is his
main concern relative to the trees and said they definitely want to preserve
the large oaks.
Mr.
Matthews displayed some photographs (not received and filed) that were
presented during the BOA hearing.
Mary
McKeever,
Mr. Matthews advised the proposed PUD show
access off of
Ms.
McKeever stated everything from Wayside Dr. to
Copy
of letter from Marlene Metcalf was received and filed.
Mr.
Rizzo advised these will not be residences for housing students. The homes will be sold in fee simple and will
be deed restricted. The homes will not
be short term rental property.
Upon
inquiry by Vice Chairman Carey, Mr. Rizzo advised in connection to rental
property, if he sells it in fee simple to an owner, he cannot restrict as to
what that owner can do with it after that.
Upon
further inquiry by Vice Chairman Carey, Mr. Rizzo advised he has no objections
putting no short term rental under six months in the development order.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
District
Commissioner Carey stated she met with the applicant and as a result of that
meeting, she is willing to increase the minimum house size to 2,000 sq. ft. and
no more than 70 students on campus.
Based on that, she supports the project as proposed with staff comments.
Commissioner
Morris stated the following will be included in the development order: the
community shall be deed restricted and will not permit rentals under 6
months.
Upon inquiry by Commissioner Morris, Robert
McMillan,
Commissioner
Morris stated the homeowner’s association can take it upon themselves relative
to deed restrictions.
Mr.
Rizzo advised that there will be a homeowners association.
Motion by Commissioner Morris, seconded
by Commissioner Dallari to adopt Ordinance #2005-6, as shown on page ________,
approve Rezoning from A-1 (Agriculture District) to PUD (Planned Unit
Development) and PUD Preliminary Master Plan on approximately 32 acres located
on the south side of Wayside Drive, approximately 550 ft. east of the
intersection of Wayside Drive and Orange Blvd.; and approval of the Development
Order, as shown on page __________, as described in the proof of publication,
Guy T. Rizzo, with staff findings and conditions (A-Q) outlined in the
development order.
Under
discussion, Commissioner Morris clarified
the motion should include “as
amended” and eliminating Item F of the development order.
Commissioner
Dallari advised the conditions submitted by staff were dated 2/22/05.
Districts
1, 2, 3, and 5 voted AYE.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 7:24 p.m., this same date.
ATTEST______________________Clerk____________________Chairman
cc/slm/er