Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Absent: Commissioner Daryl McLain (District 5)

Pastor Cawthon, Good News Jail & Prison Ministries, gave the Invocation.

Commissioner Maloy led the Pledge of Allegiance.

The Chairman recognized Chris Drummond who was in attendance.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-129, as shown on page _______, commemorating the 10^th anniversary of the signing of the Americans with Disabilities Act.

Districts 1, 2, 3 and 4 voted AYE.

The Resolution was presented to Pamela Clark, Chairman of the Disability Advisory Board.

Lori Solitro, Comprehensive Planning, addressed the Board to express her appreciation and to advise of the ADA Celebration being held at SCC.

Commissioner Morris left the meeting at this time.

County Attorney, Robert McMillan, addressed the Board to advise Item #8 on his agenda is being revised and needs to be held.

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

Mr. McMillan advised he has just been handed the revised Item #8. He distributed same to the Board.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following Binding Written Offers/Offers of Judgment for East Lake Mary Boulevard Phase I:

Districts 1, 3 and 4 voted AYE.

Commissioner Morris re-entered the meeting at this time.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve Third Amendment, as shown on page _______, to the American Liberties Institute Legal Services Agreement, increasing the hourly rate for attorney services to $150 per hour and allows payment to paralegal services at the rate of $40 per hour.

Districts 1, 2, 3 and 4 voted AYE.

Mr. McMillan advised, in response to inquiries at the last meeting regarding tattooing of minors and body piercing, that it is already illegal under Florida Statutes without parental consent. He said a notarized statement is required for 16 years or older and a parent must be present for minors younger than 16 years of age.

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Mr. McMillan advised Legal Services will be providing his office with a model ordinance dealing with payday loans.

Commissioner Van Der Weide stated this looks like an opportunity for the County to move forward and be a leader in this initiative.

Mr. McMillan stated staff will have an ordinance back before the Board at the next meeting.

Commissioner Morris advised FAC will be hearing this issue in October.

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Mr. McMillan advised the Fifth District Court of Appeals has upheld the Denial on Injunction for Bob's Video. He also advised the 11^th Circuit Court affirmed the Middle District Court decision with regard to the Person/Telecommunications case.

The Board was advised of an add-on Item #12A, Modification to Standard Water & Wastewater Utility Agreement for Astor Farms PUD. Item #36, advertising for public hearings to consider the Land Development Code/Mixed Land Use Zoning Districts, was withdrawn from the agenda at this time.

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

Districts 1, 2, 3 and 4 voted AYE.

DCM, Cindy Coto, addressed the Board to present request for direction with regard to Code Enforcement Lien #99-87A-CEB, for property located at 2860 South Lane, Sanford. She explained the code violation occurred when John S. & Leslie G. Chapman were the owners of record. However, the previous property owner, Doris Woolford, held the mortgage on the property and reclaimed possession when mortgage payments were not made. She said Ms. Woolford was not aware of the violation and lien and is now requesting relief from the lien.

Commissioner Van Der Weide stated the Board is reviewing these on a case-by-case basis. He said Ms. Woolford was not aware of the violation; therefore, he would be in favor of waiving the lien.

Commissioner Morris suggested the lien be waived with the exception of the court costs in the amount of $178.50.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to grant a reduction of the Code Enforcement Lien #99-87A-CEB, 2860 South Lane, Sanford, Chapman/Woolford, from $2,050 to $178.50.

Districts 1, 2, 3 and 4 voted AYE.

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute the HIBC Development Company/Seminole County Agreement, as shown on page _______, for Utility Construction, Landscaping and Maintenance relating to the Seminole/Wekiva Trail Agreement; and to authorize release of mineral rights reservation on the well site property being conveyed to HIBC Development Company, pursuant to Florida Statutes Section 270.11(3) as requested by HIBC.

Districts 1, 2, 3 and 4 voted AYE.

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Purchasing Manager, Ray Hooper, addressed the Board to request direction with regard to the award of FC-1110-00/BJC, Switchgear and Feeder Line Replacement at the East Wing of the County Services Building. He advised Olson Electric, Inc. was the low bidder at $117,865. However, staff has determined that they have been convicted of a major fraud. He said the second low bidder is Bowers Electric, Inc. ($137,369).

Motion by Commissioner Morris, seconded by Commissioner Maloy to award FC-1110-00/BJC, Switchgear and Feeder Line Replacement at the East Wing of the County Services Building to Bowers Electric, Inc., Orlando, in the amount of $137,369.

Districts 1, 2, 3 and 4 voted AYE.

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Lori Solitro presented request to amend Resolution #98-R-235, regarding the Disability Advisory Council.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2000-R-142, as shown on page ________, amending Resolution #98-R-235 to provide two alternate positions to the ten-member Disability Advisory Council.

Districts 1, 2, 3 and 4 voted AYE.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to appoint current members Thomas Greene and Bill Poe as alternate members to the Disability Advisory Council.

Districts 1, 2, 3 and 4 voted AYE.

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Director of Planning & Development, Frances Chandler, addressed the Board to present request for interim staff and space for the Development Review 104 Fund. She advised the volume of permit activity and the changing nature of development activity are contributing factors in bringing this request forward prior to budget time.

Kevin Fall, Financial Manager of Planning & Development, addressed the Board to review the Historical Inspection & Permit Data Chart and the Overtime Cost Chart, which were included in the agenda packet. He also discussed present and upcoming projects.

Upon inquiry by Commissioner Morris, Ms. Chandler stated staff recognizes that these positions might not be needed in two or three years and the 104 Fund should not be supplemented. She said staff will continuously monitor this fund and development activity.

Commissioner Morris expressed his concern with the amount of overtime being spent.

Rich McKee, representing the Homebuilders Association of Mid-Florida, addressed the Board to advise they have been briefed on the proposal. He said they believe these eight new positions are needed badly and it is extremely important to get them filled quickly.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the addition of eight permanent positions within the Development Review Fund (104); to approve space modifications/enhancements in the west wing of the 1^st floor of the County Services Building; and to approve Budget Change Request in the amount of $396,031, implementing staff additions and space modifications.

Under discussion and upon inquiry by Chairman Henley, Ms. Chandler advised six vehicles will be purchased.

Districts 1, 2, 3 and 4 voted AYE.

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County Engineer, Jerry McCollum, addressed the Board to request approval for the Preliminary Engineering Study of the Red Bug Lake Road/SR 436 Interchange. He said the money is already budgeted for this study.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve and direct the Engineering Division staff to advertise for a consultant and proceed with the Preliminary Engineering Study for a potential interchange at Red Bug Lake Road and SR 436.

Districts 1, 2, 3 and 4 voted AYE.

Matt Chesler, Cable Franchising, addressed the Board to advise in 1996, the Board approved a transfer of the cable television franchise granted from CVI to Time Warner. The franchise agreement contained a provision for a 3% franchise fee while Time Warner's other franchises provided for a 5% fee. He said there was never a formal renewal of the franchise other than a letter from Time Warner that it would continue to operate under the terms of the CVI franchise until the normal renewal process occurred. He further said staff is recommending the Board notify Time Warner to immediately begin paying the 5% franchise fee going forward for the former CVI areas.

Commissioner Morris stated he believes this makes sense and this is the right time to do it.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to direct staff to draft a letter notifying Time Warner to begin paying 5% franchise fees for the former CVI areas, pursuant to the franchise consolidation in the August 1998 agreement, to be effective August 1, 2000, for implementation on their billing cycle.

Districts 1, 2, 3 and 4 voted AYE.

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

Districts 1, 2, 3 and 4 voted AYE.

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

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Budget Amendment Resolution #2000-R-140, as shown on page ________, in the amount of $1,000, Sheriff's Office/Fund 00101, General Fund, for donation from Target Stores in support of Combat Auto Theft.

Districts 1, 2, 3 and 4 voted AYE.

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The Chairman recessed the meeting at 10:56 a.m., reconvening at 1:35 p.m., this same date with all Officials (with Commissioner Maloy being late), 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 Van Der Weide, seconded by Commissioner Morris to accept proofs of publication for this meeting's scheduled public hearings.

Districts 2, 3, and 4 voted AYE.

Commissioner Maloy entered the meeting at this time.

Commissioner Morris left the meeting at this time.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from PCD (Planned Commercial Development) to PCD (Planned Commercial Development) for the purpose of amending the Schurgard Storage Facility PCD Final Master Plan and Developer’s Commitment Agreement to allow uses permitted in the C-2 (Retail Commercial Zoning District)(i.e. Tuffy Automotive Service Center); property located on the south side of Red Bug Lake Road, east of Dodd Road, Interplan Practice, Ltd., received and filed.

Tony Matthews, Principal Planner, addressed the Board to state staff does not recommend the proposed amendment with the finding that the proposed automotive center would be too intense for this location and incompatible with adjacent uses. However, staff has no objections to the proposed Subway Restaurant, which is a C-1 use as such use is currently permitted under the existing PCD Developer’s Commitment Agreement. He stated if the Board determines that the Tuffy Automotive Center is an appropriate amendment, staff recommends that the PCD Developer’s Commitment Agreement expressly limit on-site C-2 uses to the requested automotive service center. The Planning & Zoning Commission (P&Z) had no objections to the proposed Tuffy Automotive Service Center, Subway Restaurant or amended Developer’s Commitment Agreement. The P&Z recommended approval with findings that: (1) This is an infill property; (2) The proposed Tuffy facility is not a full scale automotive center; (3) The proposal is not an intensive use; and (4) The applicant is showing a good design for the site.

Mr. Grace left the meeting at this time.

Mr. Matthews advised he received an e-mail (received and filed) from a representative of the Chatham Pine Apartments indicating that he objects to the automotive center as it is not appropriate with the adjacent residential uses.

Commissioner Morris and Mr. Grace reentered the meeting at this time.

Upon inquiry by Commissioner Maloy, Mr. Matthews advised there is a gap of open area along the wall at the southeast corner of the property and the applicant has committed to placing a six-foot wall and additional landscaping. He stated staff feels since the applicant is willing to do that it will ensure compatibility to the area.

Paul Sebert, representing Interplan Practice, Ltd., addressed the Board to address the compatibility issue within the PCD and the C-2 uses that were approved for the storage facility. He stated Tuffy Automotive is willing to provide additional buffering and setbacks, including the 75-ft. building setback from Red Bug Lake Road. He added 43% of the front yard will be open space and the number of trees will be twice the amount indicated by code. There will be a 35-ft. buffer along the western property line including a wall and landscaping. A portion of the apartments that touches this property will be the retention pond for these apartments. The hours of operation will be limited from 8:00 a.m. to 6:00 p.m., Monday through Saturday, closed on Sundays. The office of Tuffy Automotive will be facing Red Bug Road and the bays will not face Red Bug Road. He displayed pictures (received and filed) of the proposed facility. He advised businesses under the C-2 use in the area include Jiffy Lube and McDonalds.

Upon inquiry by Chairman Henley, Mr. Sebert advised the automotive center will have eight bays. Mr. Matthews advised that 28 parking spaces will be available for Tuffy Automotive and six additional spaces will be dedicated to the restaurant.

Mr. Matthews explained to Commissioner Morris why staff recommends against this item.

Commissioner Maloy stated a tremendous amount of changes have occurred to that corner over the last year. He stated Walgreen was a controversial project and the land use has changed tremendously since then.

Mr. Matthews pointed out for Commissioner Morris the location of the nearest residential and the location of the three restaurants in the area.

Copy of the Final Master Plan and a packet consisting of the following were received and filed: Site Dimension Plan; Site Utility Plan; Grading and Drainage Plan; Seminole County Details; Landscape Plan; Irrigation Plan; Site Lighting Plan and Plat of Survey.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to enact Ordinance #2000-30, as shown on page _________, rezoning the subject property from PCD to PCD for the purpose of allowing the proposed automotive service center and restaurant upon the property; and approve the revised Developer’s Commitment Agreement, as shown on page ________, and Final Master Plan, as described in the proof of publication, Interplan Practice, Ltd, including the additional language recommended by staff.

Under discussion, Commissioner Morris stated he would not be supporting the motion as he supports staff’s recommendation of denial. He discussed with Commissioner Maloy the liability issue of people parking their cars at the Tuffy Automotive Service Center at night while at the restaurants.

Districts 1, 3 and 4 voted AYE.

Commissioner Morris voted NAY.

Chairman Henley advised that the request to Vacate and Abandon portions of the rights-of-way known as Lexington Street, Ohio Avenue, Astor Avenue; located generally northwest of Orange Blvd. and south of the St. Johns River, Tanner Road, Inc., c/o Harling Locklin & Associates, Inc. cannot be heard this afternoon as it was not properly advertised. It will be published for the July 25^th meeting.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to transfer control from Time Warner, Inc. to AOL Time Warner, Inc., received and filed.

Matt Chesler, Cable Franchise Coordinator, addressed the Board to review the proposed request.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Resolution #2000-R-141, as shown on page _________, transferring control of Time Warner, Inc. to AOL Time Warner, Inc., as described in the proof of publication.

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

Commissioner Van Der Weide left the meeting at this time.

Proofs of publication, as shown on page ________, calling for a public hearing to consider an Ordinance amending Chapter 40 of the Seminole County Code adopting the National Electric Code 1999, received and filed.

Larry Goldman, Building Official, addressed the Board to briefly review the request.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt Ordinance #2000-31, as shown on page _________, amending Chapter 40 of the Seminole County Code adopting the National Electric Code 1999, with the effective date of September 1, 2000, as described in the proof of publication.

Districts 1, 2, and 4 voted AYE.

Chairman Henley stated he received several phone calls from residents in his district relative to the possibility of the water wells running low. He stated he and Mr. Grace discussed this issue with a representative from Congressman Mica’s office.

Commissioner Van Der Weide reentered the meeting at this time.

Chairman Henley advised a meeting is scheduled for this Thursday, June 29, 2000, with himself, the St. Johns River Water Management District, Congressman Mica and Mr. Grace relative to the future needs of potable water in the area. He stated there was an article in the newspaper indicating that St. Johns River Water Management District is planning to build a demonstration plant and they may be asking the County to help fund it. He said with the growth that is taking place, he feels it is important to the Board to explore and be prepared in taking appropriate action.

Upon inquiry by Commissioner Morris, Chairman Henley advised he and Mr. Grace met with a representative from Volusia Water Alliance and Volusia County and they were quite surprised as to how far along Seminole County was on this. He stated Volusia County expressed interest in a partnership. He added he had some preliminary conversations with Orange County’s Chairman and he indicated that the issue of water is not on their agenda but he would have to look into it in the near future. He said he has no doubt that should the Board decide to move forward, there will be some partnerships. He added he did advise Volusia County that he didn’t think the Board would be interested in getting into a nine-member alliance membership.

Commissioner Maloy stated he feels it would be helpful to have preliminary information that the Board can review. This is something that the County has to educate the public on, as this is a big issue.

Chairman Henley stated there is a considerable amount of grant money available for an alternative water source.

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

1. Memorandum dated 6/15/00 to BCC from Kevin Grace, Co. Manager re: Orange Boulevard. (cc: Deputy Co. Manager [Marino], Co. Engineer, Planning & Development Director)
2. Letter dated 6/14/00 to BCC from Frederick Nelson, American Liberties Institute re: Update on Bob Video’s vs. Seminole County.
3. Letter dated 6/13/00 to Chairman (with attachments) from Congressman John Mica re: Transportation needs. (cc: BCC)
4. Minutes for 5/18/00 Seminole Co. Historical Commission meeting.
5. Copy of letter dated 6/15/00 to Tony VanDerworp, Sanford City Manager (with attached 6/7/00 request from City) from Kevin Grace re: $5,000 for fireworks display. (cc: BCC)
6. Copy of memorandum dated 6/15/00 to Bill Carroll, Clerk of the Circuit Court-Internal Audit (no attachments provided) from Kevin Fall, Planning & Development Administration re: Information on Development Review Fund. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Co. Attorney, Fiscal Services Director)
7. Copy of letter dated 6/8/00 to Ray Vann, Human Resources Director-Gooding’s Supermarkets (with attached 6/2/00 letter to Chairman) from Janet Davis, Human Resources Director re: Employment issues. (cc: BCC)
8. Notice from Fla. Public Services Commission re: 6/20/00 Agenda.
9. Letter dated 6/14/00 to Chairman (with attachment) from Beverly Cliett, Housing Development Officer-Fla. Housing Finance Corp. re: Amendment to Local Housing Assistance Plan. (cc: BCC, Co. Manager, CDBG Manager)
10. Letter dated 6/14/00 to Chairman from Robert Butterworth, Attorney General re: Appreciation for support of title loan reform. (cc: BCC, Co. Manager)
11. Copy of letter dated 6/14/00 to Congressman John Mica from Patricia Northey, Volusia County Council member re: Support for American Heritage Rivers Initiative. (cc: As noted)
12. Letter dated 6/12/00 to BCC from Darrel Smith, Budget Services Director-Dept. of Revenue re: Receipt of FY 2000/01 Property Appraisers budget. (cc: Co. Manager, Fiscal Services Director, Property Appraiser)
13. Copy of letter dated 6/12/00 to Seminole County Jail Superintendent from William Eades re: Care & maintenance fees. (cc: Clerk of Courts, BCC, Sheriff)
14. Notice of City of Lake Mary public hearing on 7/6/00. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
15. Letter dated 6/14/00 to Chairman (with attachments) from Lonnie Groot, Shutts & Bowen re: Appeal of denial development order. (cc: BCC Records, Lou Musica-Eller Media, BCC, Co. Manager, Deputy Co. Manager [Marino], Co. Attorney)
16. Notice of BCC public hearing on 6/27/00 to determine proceeding for vacating portions of rights-of-way known as Lexington Street, Ohio Avenue, Astor Avenue for Tanner Road.
17. Copy of letter dated 6/13/00 to Kevin Grace, Co. Manager from Kenneth Wright, Shutts & Bowen re: Request for continuance for NW Oregon LTD. (cc: Planning & Development Director, Frank Schrimsher, Jim Willard, BCC)
18. Letter dated 6/13/00 to Chairman (with attachments) from Congressman John Mica re: Support for transit alternatives along I-4. (cc: BCC, Co. Manager, Deputy Co. Managers, Engineering, Comprehensive Planning-Transportation,)
19. Letter dated 6/9/00 to Oviedo Councilmen & BCC from Jean Whiter, President Oviedo Optimist Club re: Support for purchase of Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director, Library Services)
20. Memorandum dated 6/14/00 to BCC, Constitutional Officers, Judicial, State Attorney, Public Defender, Co. Attorney, Co. Manager, Deputy Co. Managers, Department Directors, Sr. Deputy Court Administrator (with attached schedule) from Cindy Hall, Fiscal Services Director re: FY 2000/01 Budget work sessions.
21. Copy of memorandum dated 6/12/00 to Bill Spivey, Lake Mary City Planner, Bill Carrico, Lake Mary Parks & Recreation Director and Jay Marder, City of Sanford Planning & Development Director (with attachments) from Ginger Hoke, Sr. Greenways & Trails Planner re: I-4 Urban Design Guidelines. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Co. Engineer, Roads Manager, Principal Planner-Comprehensive Planning, Major Projects Engineer, FDOT Committee Chair)
22. Memorandum dated 6/12/00 to BCC, Assistant Co. Attorney, Public Works Director, Planning & Development Administrative Manager, Sr. Greenways & Trails Planner, Principal Engineer-Major Projects, Principal Engineer-Trails (with attached) from Heather Bradshaw-Ells, Principal Engineer through Jerry McCollum, Co. Engineer re: Revised I-4 Pedestrian Bridge Schedule.
23. Notice to property owners within or near the proposed Chuluota nonresidential design standards zoning overlay.
24. Notice and agenda for Fla. Public Service Commission conference 6/20/00. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Environmental Services)
25. Letter dated 6/12/00 to BCC from Earl Morris re: Chuluota non-residential uses study. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
26. Letter dated 6/10/00 to Chairman from Grey Wilson, Cross Sem. Trail Alliance re: Support for Winter Miles purchase. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
27. Notice and agenda for 6/9/00 Seminole Co. Port Authority meeting.
28. Facsimile dated 6/13/00 to BCC from Susan Eberle re: Opposition for Preliminary Subdivision Plan for Greystone Subdivision. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
29. Letter dated 5/26/00 to BCC (with attached 1999 Annual Report) from William Peeper, President Orlando/Orange Co. Convention & Visitors Bureau re: Tourism industry’s tremendous growth.

Commissioner Van Der Weide stated he is glad to be back and he would like to thank his wife, all of the people at his church, neighbors and friends who helped him through his heart surgery.

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Chairman Henley advised that the County is still getting favorable responses from the public regarding the paving program.

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Commissioner Maloy stated he would like to know if the Board had any comments on the issue of Silver Lake Drive. He stated the alignment of that road has been going on for about 5 years and a property owner living in that area feels that his home has been held hostage for that amount of time. He said the question he has is that he is due some type of compensation from the County for being put in this situation.

Chairman Henley stated this gentleman is not the only one stuck in this same situation.

Commissioner Van Der Weide stated he feels it is worth the effort for the County Attorney’s office to check on the legal ramifications of this situation.

Stephen Lee, Assistant County Attorney, addressed the Board to advise he will be happy to look into this and give the Board something formal.

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Commissioner Maloy stated there has been a lot of damage to some of the County’s road medians and he would like to throw out the concept of not moving forward with anymore landscaping to the medians until an irrigation plan is in place. He stated he has a lot of frustration when he sees a lot of the plants expired in certain medians (427, Red Bug & 17-92). He stated he would like to put a halt on any additional plantings until they can find out what is wrong with the old plant beds.

Commissioner Morris stated he feels the Board needs to get a concrete suggestion from staff as to what can be done on this issue.

Commissioner Van Der Weide stated he believes the County has a large water tanker truck that goes throughout the County and an extra truck can rotate throughout the area.

Mr. Grace stated the County does have a tanker truck but the problem is there are demands from people living on dirt roads wanting their roads sprayed for dust control. He stated staff will be requesting an additional water tanker during budget time. He added a work session will be scheduled to discuss this issue further.

Commissioner Van Der Weide stated staff has his consensus on this.

Mr. Grace stated he believes he can schedule a work session sometime in July or the first meeting in August.

Commissioner Morris stated he lives in a neighborhood where the residents get out and water their plants and he cannot understand why the County cannot have someone out to water the plants around the public buildings.

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Commissioner Maloy stated he has a copy of Orange County’s ordinance regarding registration for lobbyist activities. He stated he can forward this to the County Attorney’s office to look at some of the proposals and they can come back with a lobbying registration during a work session or as a briefing item.

Commissioner Van Der Weide stated he wouldn’t want this to become an agenda item until the Board has been briefed on it.

Chairman Henley asked Commissioner Maloy if he would like the County Attorney to review the advantages and disadvantages and find out what it has done.

Commissioner Maloy stated that would be his intent.

Commissioner Van Der Weide left the meeting at this time.

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Commissioner Morris stated he received applications from two individuals, James Avitabile and Burleson (Tim) Donihi, willing to serve on the Seminole County Trails and Greenways Task Force. He stated there are two openings available and he would like to nominate both for the positions.

Motion by Commissioner Morris, seconded by Commissioner Maloy to appoint Burleson (Tim) Donihi and James Avitabile to the Seminole County Trails and Greenways Task Force.

Districts 1, 2, and 4 voted AYE.

Chairman Henley submitted and briefly reviewed highlights (not received and filed) of the MetroPlan Committee meeting regarding the appointment of Fred Edwards as Chairman and Larry Dale as Vice Chairman.

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Commissioner Maloy highlighted the Lynx Board meeting with regard to the appointment of Russ Tauck as Chairman and Robert Day as Vice Chairman. He advised the Lynx Board has formed a six-member search committee to search for a new Director.

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At the request of Chairman Henley, Commissioner Morris reported on the regional study of the East Central Florida Regional Planning Council (ECFRPC).

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Chairman Henley stated after the MPO meeting last week, a meeting was held with Congressman Mica, BCC Chairmen of Orange, Seminole, Lake and Volusia Counties, and the Vice-President of CSX relative to the possibility of commuter rail running on CSX tracks. This is something that will not happen overnight and the positive note is everyone was willing to discuss this issue. A study will have to be conducted and Congressman Mica has indicated that he is not asking any of the local municipalities or counties to participate in the funding of the study.

Upon inquiry by Commissioner Maloy, Chairman Henley advised Congressman Mica indicated that he anticipates the revenue will come within three years.

Chairman Henley stated the plan is the proposal will be done through interlocal agreements. He stated he believes the next step is the study and that will tell them a lot about the timetable and what will be accomplished.

Mr. Grace stated with regard to last Friday’s meeting relative to scheduling a special meeting for the Courthouse funding, he is finding it difficult to find a day convenient for all the Board members, due to vacations. He stated he would suggest discussing this issue during the Budget work sessions and then follow up at the July 25 meeting as an agenda item.

Commissioner Morris stated he feels that this methodology gets them to the primary objective the Board was trying to head toward last Friday. It does tie together with the Budget and the Board can always make adjustments during the September budget hearings. This will allow them to take any appropriate action prior to contractually hiring an architect.

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Mr. Grace updated the Board on the selection of a Health Department Director. He stated there are five finalists and the selection committee will interview them in July. Their recommendation would then come to the Board during the first meeting in August.

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Mr. Grace stated he received a fax from Wicklow County indicating that they have expanded their administration office and they would like to dedicate one of their rooms as the Seminole County room. He stated they are inviting the Board members to attend their grand opening to be held next week. He said if one of the Board members couldn’t be available, then, he would suggest sending a letter to them.

The Board consented to the Chairman sending a letter to Wicklow County.

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Chairman Henley stated Commissioner Van Der Weide indicated to him that he would be going home to rest after the business portion of this meeting was over.

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The Board recessed the meeting at 3:03 p.m., reconvening at 7:00 p.m. with all Commissioners and all other Officials with the exception of Commissioner Maloy, who entered late, and 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 rezoning from A-1 (Agriculture) to R-1AAAA (Single Family Dwelling); property located on the east side of Sandy Lane, south of Sand Lake Road, Everett Huskey on behalf of Raul and Carmen Tamayo, received and filed.

Chairman Henley read the procedures for tonight’s public hearings. Commissioner Maloy entered the meeting at this time.

Gary Schindler, Senior Planner, addressed the Board to advise that initially the requested rezoning was for R-1AA. Subsequently, the applicant has amended his request to rezone to R-1AAAA. When this item went to the Planning and Zoning Commission, they did not consider the R-1AAAA request. Pursuant to Section 20d.6c, Land Development Code, staff has determined that the applicant need not be heard again by the P & Z for the amended application, as it contains a less intense classification. At the May 3, 2000, P & Z Commission meeting, the Commission denied the request to rezone to R-1AA or R-1AAA, as the Commission felt neither zoning was compatible with the character of existing development along Sandy Lane. The P & Z Commission was also concerned about potential flooding of adjacent areas. Mr. Schindler stated a number of petitions have been received from the residents in opposition.

Mr. Dwyer reported that approximately 50 petitions, as shown on page __________, were submitted to Commissioner Morris for submission into the record.

Mr. Schindler stated staff recommends the rezoning to R-1AAAA (Single Family Dwelling).

Upon inquiry by Commissioner Maloy, Mr. Schindler stated the lot size compatibility analysis did not support R-1AA. Staff’s analysis did indicate that R-1AAA was the compatible zoning category and since R-1AAAA is less intense than that, staff is supporting the requested R-1AAAA.

Commissioner Maloy stated it has been brought to his attention that there is some discrepancy as to whether this is a public or private road. He asked what does that mean to this project.

Assistant County Attorney Lee answered he understands that the common grantor created the road, reserving road right-of-way on each deed that went out, and the road has been maintained and constructed by Seminole County for at least 40 years. He said even though there may not be right-of-way deed to the County, the road is a public road because it has been open to the public and maintained by Seminole County for that period of time. He said there might be issues relative to the width of the road and whether that conforms to County requirements. That pertains to final development issues and not to the rezoning.

Mr. Schindler reported that in assuming the road was or was not paved made a negligible difference in the lot size compatibility analysis and still reflected the R-1AAA zoning.

Upon inquiry by Commissioner Morris, Mr. Schindler advised the Right-of-way Division stated their records indicated the County has maintained Sandy Lane, going back to the 1950’s.

Commissioner Morris asked Mr. Dwyer to check the setback requirements for the PUD on the east.

Upon further inquiry by Commissioner Morris, Mr. Dwyer advised that he doesn’t ever recall an applicant being required to go back before the P & Z for changes to an application that were less restrictive.

Everett Huskey, President of Huskey Development Company, Inc., addressed the Board to state they want to do several things which they think will improve the entire area and appreciate the value of all the contingent property. He stated they intend to pave Sandy Lane to the requirements dictated by the County Engineer and have proper swales on each side to take care of any water. They will also provide an 8"water main from Sand Lake Road through the property for fire hydrants and fire flow. This would give an opportunity for the present residents to tie in to the water main and give adequate fire protection. He said staff recommended R-1AAA and they decided to do something better and went with R-1AAAA. He stated they will have eight lots and five acres with lot sizes of 150’ x 150’ and a minimum of a half-acre. All the garages will be on the back, east side of the houses and will not be seen. The homes will be larger than any of the present homes and will have to sell in the vicinity of $400,000 to $475,000. He explained their intent is to pave 12’ to 15’ from the edge of the pavement (at their cost) up to and joining to the driveways of the various residents. Mr. Huskey said he thinks the R-1AAAA with homes in the $400,000 to $500,000 range will set the tone and pace of the two vacant five-acre parcels located directly west of the subject property.

Commissioner Van Der Weide disclosed he has spoken to everyone who wanted to speak with him about this issue.

Upon inquiry by Commissioner Van Der Weide, Mr. Huskey stated Conklin, Porter, and Holmes intends to work with the County on the sidewalks. He said whatever the County dictates that is in the best interest of everybody is what they intend to do.

Commissioner Van Der Weide asked how will the applicant handle the water issues on the first lot where the road dips off Sand Lake Road.

Mr. Huskey stated the retention pond would be on the southwest corner.

Bill Holmes, CPH Engineers, addressed the Board to state when they get to the final design of the road, they will address the curb-swale issue. He explained the road slopes all the way down from Sand Lake Road, and whether by swale or curb, they will take the water from that area to the south to their retention area. He stated this would be from the new pavement of the road. He explained they would not handle the water that presently comes in the 36" pipe in the retention area.

Mr. Holmes showed an aerial (received and filed) of the subject and surrounding properties. He pointed out the A-1 property, Huskey site, Forest Lake Academy, ponds, and depressions. He said there is nothing in the up-stream area that would cause flooding. He said the County requirements are that they cannot increase the rate of runoff for a 25-year storm. He said there won’t be any increase of water going into this flood plain.

Mr. Holmes showed a map (not received and filed) pointing out Palm Park Lake and depressions in the area shown on the USGS map. He said they will be providing retention with no increase in runoff to the system.

Upon inquiry by Commissioner Morris, Mr. Huskey said if he were to develop the other two large parcels to the west, that would also be R-1AAAA as he would not want to see R-1AA across from the R-1AAAA. He said he does not have any plans for the other two parcels.

Commissioner Morris reported on the Forest Lake PUD from information provided by Mr. Dwyer. He advised Chairman Henley that there is no access to the PUD at all on the west property line. Whereupon, Mr. Dwyer stated one access is on Sand Lake Road for the northern portion and one access is on 436 for the southern portion.

Commissioner Maloy asked Mr. Huskey to discuss further the issue of whether Sandy Lane is a County-maintained road. Mr. Huskey responded that the Tax Assessor’s office says it is a public road. Mr. Holmes added that this road was on the County’s program for paving just recently, and when this project came in for rezoning, staff pulled it because they did not want the paving provided for increased development in the area. He said this is not just a dirt road, but has limerock on it also.

Steve Talbert, 1100 Sandy Lane, addressed the Board to state he supports Mr. Huskey in this endeavor. He said the County has placed some shell on the road in years past.

George Speers, 1150 Sandy Lane, addressed the Board to state he thinks the project would be a great improvement to the neighborhood. He said he has wanted the road paved for a number of years, and he has no objections.

Attorney Ted Edwards, 255 S. Orange Avenue, addressed the Board to state the issue is the quality of life and whether the rezoning of this property is compatible with other properties affected. He said it does appear there are some problems with the matrix system. He stated they do not believe this is a compatible use. He explained the staff made a determination that the parcels on Sandy Lane, except Lots 10 and 11, are in their final development form. He said the cemetery adjacent to the property has some wetlands. The issue is what is some compatible use to the cemetery and lots already developed. He said to the residents, the property should remain under A-1 zoning which is one house per acre. They feel that is the appropriate use of the land and anything else would be inappropriate. He said this 40-acre tract with one road has been suburban estates throughout history. The Board wanted to protect the suburban estates and not allow residential intrusion. Based on the compatibility issue, they think this should be turned down.

Attorney Edwards had an information packet (copy received and filed) distributed to the Board. He discussed the Lot Size Compatibility Analysis. He said he believes if this request went back to the P & Z, they would turn down half-acre lots unanimously. He said his client would prefer to go back to the P & Z. He stated the Right-of-way staff advised him that there is no evidence of the conveyance of right-of-way to the County. He believes the basis for the dedication was under Statute 95.361, that the road would be dedicated because it was constructed and maintained by Seminole County for the past 40 or 50 years. Further, he said based on their research, it appears it is very unlikely the County constructed the road. He said under the statute, the County has to construct and maintain the road.

Attorney Edwards discussed the road right-of-way. He said this is 20-foot wide road and there is no right-of-way for swales. He said he did not hear a commitment from Mr. Huskey to do curbs and gutters. He doesn’t see how Mr. Huskey can bring the road up to County standards with just 20 feet and before the Board rezones the property, they should be certain the road could be brought up to the County standards.

Attorney Edwards had distributed to the Board some conditions for approval (received and filed) from the residents.

Upon inquiry by Commissioner Morris, Assistant County Attorney Lee stated he understood that the County had constructed the road to some extent and maintained it. He said whether Sandy Lane is wide enough for development is yet to be determined. He doesn’t think that has anything to do with whether the rezoning should be done or not. Also, he said whether there is access or not to the road does not determine whether the property should be rezoned.

Commissioner Morris noted that all of what Attorney Edwards said may be relevant to final development.

Commissioner Van Der Weide said from the list of conditions for approval, he feels these are issues that would have to be met; and if the final development order can’t be met for whatever reason, the project won’t be developed.

Attorney Edwards noted that if Forest Lake PUD were thrown out of the matrix (and they believe it should be), then the question would be whether or not to give the developer a point for not paving the road. He explained under the County’s ordinance, the developer has to bring the road up to County standards. He said that is what puts the developer over the 4.5 score. Under his analysis, Attorney Edwards said without that point, the developer would stay at one unit per acre. He said that is why this issue is important at zoning.

Upon inquiry by Commissioner Morris, Mr. Schindler stated if the Forest Lake PUD is not considered in the matrix, that would significantly impact the score. He reviewed the matrix submitted by Attorney Edwards and said Lot 10 was included in the analysis. He said staff does not include the subject property in the analysis. Without Lot 10, he could not say for sure whether the matrix would show R-1A or R-1AAAA zoning.

Chairman Henley stated the relevancy at zoning time is what the road will become. If it does not become that, the zoning will become irrelevant because there won’t be any development if the road is not part of the development order. Discussion continued.

Greg Lerch, 1081 Sandy Lane, speaking on behalf of himself, Pace-Brantley Hall School, and property owners for Lot 7A and Lot 8, addressed the Board to state his house is approximately 4,000 square feet of living area, so he is concerned. He submitted authorizations to speak for the others to Chairman Henley. He said the developer is proposing to have four houses where there had been only one. They are against more intense zoning than what is currently there, and this proposed project is going to double that. He advised that Highlands Cemetery to the south also sent notes saying they are against the rezoning. He stated the P & Z Commission was very concerned about flooding. He did much research himself and their concern was that this is a closed basin and inadequate water flow to get to the Little Wekiva. It creates a closed basin, but it really is not. He said the water drains down Sandy Lane and comes in front of his property. Things have been proposed to alleviate the flooding, but nothing has been done yet. He said the flooding affects Lots 9 and 8 as a result of the water coming from everywhere. It goes from the Huskey lot onto his property and goes to the Forest Lake Academy area. His concern is that he is on a septic tank and so is most of the other property. They have flooding problems and there are environmental issues. If Mr. Huskey puts in about 24 septic tanks, when it floods there would be environmental issues for him and his family. He stated they have one way in and out on Sandy Lane with no access to the cemetery and the PUD. Mr. Lerch said this mean 80 more trips up and down the road per day in an already congested area. He showed pictures (received and filed) of the traffic. He said they must wait 15 to 20 minutes sometimes just to get out of Sand Lake Road. They are concerned that this is not the time to bring this forward, as they don’t know what is going to happen with Sandy Lane. He said his concern is that the Board is interested in protecting the rural enclave.

Susan Dellert, 1200 Sandy Lane, addressed the Board to state she does not believe the proposed changes fit into their neighborhood. She said there are currently seven homes on their street, with the smallest being one acre and the largest is five acres. She asked how is it fitting to take one lot and double the number of homes on their street. She said they don’t have adequate sewage or drainage. She asked how is it fitting or compatible to double the number of septic tanks.

Randy Reynolds, 2321 Pear Tree Court, addressed the Board to state he represents over 10 homeowners, who are constituents who are in the area of Forest Park. He submitted to Chairman Henley the authorizations (received and filed) to speak on their behalf. He said the traffic is an issue. The residents are concerned about the land use and the intensity issue, and are very concerned about the affect this is going to have on them turning right and left when 80 more vehicles are put on the road. He said the constituents in Forest Park want the Board to set the precedence and keep the A-1 zoning.

Copies of petitions from the Forest Park residents were received and filed.

Julie Shea, 1160 Sandy Lane, addressed the Board to state she has a total of 5,500 square feet of living area and Mr. Lerch has about 4,000 square feet. She said his home is well over $200,000 and her home is probably close to $1 million. She also said Mr. Franklin’s home is close to $1 million. She showed two pictures (received and filed) of her rural estate and said they have gopher turtles, squirrels, and raccoons and they would hate to lose their rural atmosphere. She said she wants to see the property left at the current zoning.

James Shea, 1160 Sandy Lane, addressed the Board to state there are three property owners on this street that have invested recently in this neighborhood. He said they like it. He stated the area is zoned one house per acre, but it does not average that and that is not the trend that has been set on this property. He said there are no homes in the cemetery, and what is done on the Seventh Day Adventist property does not affect their quality of life. He asked where is there another rural enclave in Seminole County. He stated the homes in Hunt Club are 680 feet away, and the first home on the proposed site looks like it is about 380 feet away.

James Stone, 328 Forest Park Circle, addressed the Board to state they think Sand Lake Road is overloaded and the Board should do something about it before adding more traffic to it.

Charles Wiley, 332 Forest Park Circle, addressed the Board to state his issue relates more to traffic than density. He said this morning made a good example. He sat eight minutes on Sand Lake Road waiting to get out. He said there is a new 45-lot subdivision just to the east on Sand Lake being constructed now and on Hunt Club there are 240 apartment units being constructed, and this traffic will take shortcuts down Sand Lake Road. He said there are four schools and an immense amount of reckless traffic on the road. Their concern is to have a signal light in the process. He said they don’t even have turn lanes to get into their property.

Attorney Edwards entered into the Record 85 petitions, as shown on page __________, of residents opposed to the rezoning, the Lot Size Compatibility Analysis, and title search indicating Seminole County does not own Sandy Lane, and letters from Baldwin-Fairchild and Pace-Brantley Hall School objecting to the rezoning (all received and filed). He reiterated earlier comments that Sandy Lane should remain at one unit per acre.

Chairman Henley asked for clarification on the intent of the applicant to pave the road and put in curbs and gutters. Mr. Holmes answered that when the proposal gets to the final design, they would address that with County staff. He said it would be cheaper for them to put in the curbs and gutter than running swales. He said they would put in a sidewalk down one side with the least impact. They would like to see if they can save trees. He said he doesn’t think this is the time to redo the Lot Size Compatibility Ordinance.

District Commissioner Van Der Weide discussed the proposal with Mr. Holmes and staff.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner Van Der Weide stated he wants to request that the preliminary plan come back to the Board and that the residents be notified.

Motion by Commissioner Van Der Weide to enact the Ordinance to rezone to R-1AAAA (Single Family Dwelling) as requested, with the following amended conditions as already stated in this meeting and documented in writing by the opposing parties: (1) Sandy Lane shall be improved to Seminole County road standards; (2) Sandy Lane improvements shall include a paved road with a curb and gutter on both sides and a sidewalk on at least one side; (3) Potable water shall be extended to the subdivision, with an 8" water main with fire hydrants; (4) The developer shall provide a landscape buffer between the subject property and the property immediately to the north owned by Gregory D. Lerch and Karen Lerch. The proposed landscape buffer shall be approved by staff with the consultation of the Lerches; (5) No more than eight lots shall be permitted in the subdivision; (6) All garages for the homes located in the subdivision shall face east, with no garages fronting the road; and (7) Any modification to these conditions or waivers or variances granted from applicable Seminole County subdivision regulations or building code shall require further public hearing.

Upon inquiry by Chairman Henley regarding Condition #5, Commissioner Van Der Weide stated he is considering Lot 10 as the subdivision.

Chairman Henley suggested that Condition #2 be clarified to state a sidewalk on at least one side with the concurrence of staff on the location. Commissioner Van Der Weide concurred. He said when this comes back before the Board, he wants the neighbors to be notified, and staff will have input through that process.

Commissioner Maloy seconded the motion. He questioned that since this is a straight zoning, is it applicable to attach the conditions for approval.

Attorney Lee answered that the Board has not typically imposed conditions to a straight rezoning, unless it was a PCD or PUD. Whereupon, Commissioner Van Der Weide stated he wants to make it clear to staff the intent of the Board and the directions he wants when they come back with a preliminary site plan. Attorney Lee stated he thinks it would be appropriate to instruct staff that any changes from the requirements of the Land Development Code with respect to this particular development would have to come back to the Board rather than be accomplished at the staff level, even if the Land Development Code permits it at the staff level.

Commissioner Van Der Weide said that is his intent and he would like to have the neighbors informed through this process. He said he will make two motions, one for approval of the staff recommendation to rezone to R-1AAAA and another motion with instructions to staff. Commissioner Maloy agreed.

Mr. Dwyer stated regarding Condition #4, like residential uses are not buffered from each other. He said the Board has not alluded to how much buffering they are talking about. Commissioner Van Der Weide said he was assured that the developer said he would buffer with trees. He knows this is not required but if the developer wants to volunteer, and when he gets to the preliminary plan, he would be living up to his word.

Mr. Dwyer stated that routinely, when a subdivision plan comes before the Board, there are often waivers to design standards and those do not require a public hearing. He said Condition #7 would require a public hearing. Commissioner Van Der Weide stated he is looking for a public meeting with the preliminary plan and he wants the people to be aware of the meeting but it will not be advertised as a public hearing.

Commissioner Van Der Weide restated his motion is to adopt Ordinance #2000-32, as shown on page __________, rezoning from A-1 (Agriculture) to R-1AAAA (Single Family Dwelling); property located on the east side of Sandy Lane, south of Sand Lake Road; as described in the proof of publication, Everett Huskey on behalf of Raul and Carmen Tamayo.

Under discussion, Commissioner Morris stated Mrs. Dellert referred to some credibility issues that you have to be a friend of the Board or be a well-known developer to have influence on this Board. To address her point, he said Mr. Huskey is probably one of the most quality and visionary developers who have existed in this County. He is sure this project will be fitting of his past record. However, he said he would not be voting in favor of this motion, particularly because of a comment made by another citizen on the concept of a design enclave issue. He said if the zoning is one unit per acre but only one unit to three or five acres is being used, the use is less intense. So the transitional patterns of other uses should not launch into more intense uses. He said this project would be something to launch into more intense uses. He thinks Mr. Huskey is correct that the properties to the west will develop in a like pattern of R-1AAAA. He said this is probably a better pattern, which Mr. Huskey is setting, but it does not honor the enclave issue which is important. This type issue is also important in other areas of the County. He said the Chairman of the P & Z, the P & Z Board, and the Planning Director have asked the BCC to address the enclave issue. He stated the Board needs to address this so they don’t have such issues to come before them again.

Commissioner Maloy stated R-1AA gives him great concern, and he would say this is a positive thing as they are only talking about a difference of three homes.

Chairman Henley stated land use and rezoning are always a concern to people in the area. As far as the lot size compatibility chart, he thinks any system they come up with will be subject to question. As far as the impact upon the lifestyle, he doesn’t think the addition of eight homes is going to impact homes already there. He thinks they must have a reasonable set of assumptions and judgments. He said the subject of enclaves is going to become more and more with this Board. The Board, in the future, has to come up with how those will be dealt with. He said they are talking about 16 homes on 40 acres and he doesn’t think that is reason enough to vote against the change.

Districts 1, 3, and 4 voted AYE.

Commissioner Morris voted NAY.

Commissioner Van Der Weide recommended the Board take a break at this time and allow Mr. Dwyer, the Assistant County Attorney and the County Manager to review the issues discussed and keep those in consideration to come up with what they deem as a correct proposal to cover all the issues. Commissioner Morris suggested including the applicant also because he can voluntarily comply and that might be helpful.

The Board recessed at 9:32 p.m. and reconvened at 9:45 p.m. with Commissioner Morris returning late to the meeting.

Assistant County Attorney Lee stated staff, the applicant, and those in objection met and he reported on the suggested motion.

Commissioner Morris entered the meeting at this time.

With respect to the seven conditions for approval, Assistant Attorney Lee said he understands that there are only two of those not currently in the requirements of the Land Development Code. Those two conditions are the buffers on the property to the north and the eastward facing garages. He said he understands the applicant has agreed to those and will be including them on his site plan submittal.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, that staff seriously consider during the site plan and plan approval process the conditions for approval submitted by Attorney Edwards, including the buffers on the property to the north and eastward facing of the garages; and any changes to the requirements under the Land Development Code must come back before the Board.

Under discussion, Assistant County Attorney Lee advised Commissioner Morris that Mr. Huskey and Attorney Edwards agreed to the conditions.

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

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Commissioner Morris asked for consensus to have the Planning and Development Director come back with her advice on the matter of enclaves in terms of future action of the Board. There were no objections by the Board. Commissioner Morris asked Ms. Chandler to take into account the P & Z debate as she formulates her opinion. He said it might be helpful to go to the P & Z Commission and ask for their thoughts.

Proof of publication, as shown on page ___________, calling for a public hearing to consider Appeal against the Board of Adjustment in denying a Special Exception to permit an ALF (Assisted Living Facility) for up to 12 beds on a 2.25 acre tract located on the south side of Publix Road, approximately 560 feet west of Brooks Lane, Ethel White, received and filed.

Ginny Markley, Zoning Coordinator, addressed the Board to state Ms. White has amended her application for a 12-bed facility in lieu of 14 beds, as requested at the Board of Adjustment. She advised the Board of Adjustment unanimously denied the request based upon the facility not meeting the eight standards for granting a special exception.

Ms. Markley stated staff recommends that the decision of the Board of Adjustment be overturned and the Special Exception for a 12-bed ALF be granted subject to the following conditions: (1) The facility shall be limited to 12 beds; (2) The ALF shall be limited in size to the size of the existing facility (4,665 gross sq. ft.) with no expansion or new construction on the property. This would make it compatible with the surrounding residences in the neighborhood; (3) The ALF shall continue to have the appearance of a single-family residence. Staff recommends no sign, paved parking lot (except for the handicapped parking space) or commercial lighting; (4) The applicant shall obtain approval of the septic system by the County Health Department prior to operation of the ALF; and (5) The applicant shall continue to participate in the maintenance of Publix Road.

Ethel White, 4859 Publix Road, addressed the Board to clarify she is not requesting the additional 2,000 square foot single-family dwelling.

Upon inquiry by Commissioner Maloy, Ms. White stated she had been operating since 1984 taking care of handicapped children, and changed in 1986 to take care of adults.

Lezlee Clarke, 3337 Hadleigh Crest, Mrs. White’s sister, addressed the Board to state she is a registered nurse and her sister has been taking care of handicapped children for a long time since moving here from New York. She said her sister is trying to change to an adult facility, over the years, her sister has never had any problems. She said she wants to show that there is ample space. She stated her sister has done an extensive addition to her house and it is huge. She said this is not about money but helping to care for people in their old age. Ms. Clarke showed pictures (received and filed) about some of the concerns by Mr. Manuel pointing out the neighbor’s house with shrubs, the front of Ms. White’s house, fire hydrant and drain field. Ms. Clarke said these are people who really don’t have the money and need the care.

Upon inquiry by Commissioner Morris, Ethel White addressed the Board to answer how much income she receives from the clients.

Steve Prete, 4881 Publix Road, addressed the Board to state he has five acres to the east side of Ms. White. He said he has no objection to what she has now, but is opposed to her increasing this two and a half times. He advised Chairman Henley that he is objecting to the number of clients. He said his problem is he has horses on that side of the house and the clients feed them all the times. He said the infrastructure is pretty bad; the road is full of potholes. He said in the past, Ms. White has not paid half of the time to take care of the road. He stated that the number of people does increase the traffic on the road, and Ms. White is about 50% of the traffic alone. He said they have a family lifestyle and Ms. White wants to run a business. He also stated there is no fire hydrant in the area.

District Commissioner Maloy stated regarding the fire issue that Ms. White has an underground tank that was required to be put in and he is sure it has to be certified, and said that can be checked out. He said he lives in the neighborhood and he was not aware the ALF was there, as he has never had a complaint. He stated he has never had a complaint about any ALF in the County.

Commissioner Van Der Weide stated he would be interested in knowing if the County could maintain this road as senior citizens are living on it.

Commissioner Morris stated he reviewed closely the minutes from the Board of Adjustment, which found the standards for granting a special exception were not met. He said he is still waiting to have staff demonstrate Items 2-5 that were not met, particularly Item 4.

Jim Black, 1800 Brooks Lane, addressed the Board to state he agrees with an ALF in the neighborhood, but he is concerned that 12 residents is much more than intended by the zoning code. He said the special exception is put there so everyone looks very hard at a request above the maximum of six people. If this were a five or ten acre piece of property where the house was being expanded and use in proportion to the size of the property, perhaps that would be more appropriate. He said there would be 12 residents with more caretakers on a small piece of property. He said it goes beyond just taking a house and converting it to a use that is, for whatever reason, a good use. He said this is a bad road, and there are no provisions for emergency vehicles. The chance that the 12 people would need emergency care is much higher than any other residential occupancy. He said the problem is if you get vehicles down this road, they could get stuck and could not respond to someone who might really be in trouble.

Manuel Pardo, 4851 Publix Road, addressed the Board to state he agrees with what the other two people said. He doesn’t think this is the appropriate place for a business and he would like for the neighborhood to stay as it is. He thinks it’s wonderful what Ms. White is doing, but it is not the appropriate place to have a 14 bed ALF.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner Morris stated he is trying to understand how this can be compatible with Low Density Residential when Ms. White now has a home with five people living in it. He said in an eight bedroom house with five or six people, that’s o.k., but he doesn’t know of too many residences with 14 people living in it.

Ms. Markley advised the facility is an existing eight-bedroom residence and under State law, Ms. White is allowed to have six residents. She said to have six more would not increase the traffic substantially and would not increase the size of the structure. Ms. White has plans to have staff remain minimal and meals will be prepared on site and not be catered.

Commissioner Morris reiterated that having 14 people living in a home does not make it compatible with LDR. He discussed that the Board has the right to regulate non-related adults living in a home.

Commissioner Maloy stated he thinks the State protects Ms. White at six people and this is to encourage ALF’s to be in neighborhood areas so people are as close as possible to their loved ones who need additional care. He said he is comfortable with this request, and he doesn’t see it as a negative detriment to the neighborhood.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to overturn the Board of Adjustment, thereby approving a Special Exception to permit an Assisted Living Facility for up to 12 beds on a 2.25 acre tract located on the south side of Publix Road, approximately 560 feet west of Brooks Lane, with staff findings #1-5, amending #5 that at the time of licensing, Ms. White shall bring the road up to grade, fill the potholes and continue to maintain the right-of-way up to her driveway as needed; and to reject the request for the additional 2,000 square foot single-family dwelling on the back of the property; as described in the proof of publication, Ethel White.

Under discussion, Commissioner Morris said there is no compelling reason for Ms. White to expand the facility. He agrees that the Board of Adjustment was correct on four of the seven counts, and he agrees with the neighbors.

Chairman Henley stated he would support the motion. He said what is before them is not at all what was before the Board of Adjustment. He doesn’t think there is a substantial problem created by this, and he feels the situation with the horses is correctable. He thinks this serves a good purpose regardless of whether it is a commercial nature or not.

Districts 1, 3, and 4 voted AYE.

Commissioner Morris voted NAY.

Proof of publication, as shown on page __________, calling for a public hearing to consider the Small Scale Comprehensive Plan Amendment from Low Density Residential to Industrial and Rezone from A-1 (Agriculture) to M-1 (Industrial); property located at the west end of Waterfall Place and east of the SCL railroad right-of-way, consisting of approximately two acres, Mike Hattaway, received and filed.

Cindy Matheny, Senior Planner, addressed the Board to state staff recommends approval of Industrial land use findings that Industrial land use, as proposed, would: (1) be consistent with the locational criteria of the County’s Comprehensive Plan relating to Industrial land use; (2) would be compatible with development trends in the immediate area; (3) would be consistent with adjacent Low Density Residential and Industrial land use designation; (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 advised staff recommends the subject request for M-1 zoning: (1) is in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to M-1 zoning, and (2) as proposed, would be compatible with surrounding development. She stated the Local Planning Agency unanimously recommended approval.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to enact Ordinance #2000-33, as shown on page __________, approving the Small Scale Land Use Amendment 06-00SS.1; property located at the west end of Waterfall Place and east of the SCL railroad right-of-way, approximately two acres; as described in the proof of publication, Mike Hattaway.

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

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to enact Ordinance #2000-34, as shown on page __________, rezoning the property from A-1 (Agriculture) to M-1 (Industrial), located at the west end of Waterfall Place and east of the SCL railroad right-of-way, approximately two acres; as described in the proof of publication, Mike Hattaway.

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

Proof of publication as shown on page __________, calling for a public hearing to consider Small Scale Comprehensive Plan Amendment from Low Density Residential to Office and Rezone from R-1A (Single Family Dwelling) to OP (Office Professional); property located east of Alafaya Trail (SR 434) and south of Beasley Road, consisting of approximately 1.1 acres, Thomas Norrell and Dzung Ewen, received and filed.

Ms. Matheny stated staff recommends approval of Office land use with findings that Office land use, as proposed, would: (1) be consistent with the locational criteria of the County’s Comprehensive Plan relating to Office land use; (2) would be compatible with development trends in the immediate area; (3) would be consistent with adjacent Low Density Residential land use designation; (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 advised staff recommends that the subject request for OP zoning: (1) is in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to OP zoning, and (2) The request, as proposed, would be compatible with surrounding development. She stated the LPA recommended approval of Office land use with staff findings and approval of OP zoning, subject to the following conditions: (1) The owner may provide a six-foot high wooden fence in lieu of a wall along the southern property line, unless the abutting property to the south is not rezoned to a non-residential zoning district prior to commencement of development of the subject property; and (2) The owner shall improve Beasley Road to County standards from Alafaya Trail to the east edge of the driveway.

Upon inquiry by Commissioner Maloy, Ms. Matheny stated the P & Z did not recommend central water based on the fact this was a small development and the lines are located west of Alafaya Trail. She said staff still recommends the connection to central water based on the Land Development Code policies. She advised the Environmental Services and Development Review staff felt the connection to central sewer would be cost prohibitive and, therefore, recommended a waiver to the requirement.

Jim Weinberg, representing the applicant, addressed the Board to clarify that the staff recommendation is the same as the P & Z on paving of Beasley to the east end of the driveway and not to the rear of the property line. He said he is in agreement with that.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to enact Ordinance #2000-36, as shown on page __________, rezoning property from R-1A (Single Family Dwelling) to OP (Office Professional), located east of Alafaya Trail (SR 434) and south of Beasley Road, approximately 1.1 acres; as described in the proof of publication, Thomas Norell and Dzung Ewen.

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

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to enact Ordinance #2000-35, as shown on page __________, approving the Small Scale Land Use Amendment 12-99SS.4; property located east of Alafaya Trail (SR 434) and south of Beasley Road, approximately 1.1 acres; as described in the proof of publication, Thomas Norrell and Dzung Ewen.

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

Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the Rezoning Development Order, as shown on page __________, for Thomas Norrell and Dzung Ewen, subject to the P & Z recommendations.

District 1, 2, 3, and 4 voted AYE.

Commissioner Van Der Weide left the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from C-2 (Commercial) to PCD (Planned Commercial Development); property located on the west side of State Road 436, just north of the Orange/Seminole County line, U-Haul International on behalf of owners Leonard R. and Debra Setzer, received and filed.

Amanda Smith, Planner, addressed the Board to state the Local Planning Agency recommended approval with conditions as stated in the development order and staff report. She said the applicant concurs with the conditions. She corrected Condition #L to read, "certificate of occupancy from Seminole County;" and Condition #O to read, "including enclosed self-storage, truck rental, and ancillary retail commercial uses . . ."

Patricia Carle, 1380 Tierra Circle, addressed the Board to state industrial intrusion already exists, such as noise from outside speakers from Holler Oldsmobile, air guns from Allied Tires, traffic and air pollution from Highway 436, illumination from high-powered security lighting from commercial properties, street lighting on Highway 436, and car headlights turning onto Highway 436 from Casselton Drive and from autos entering the shared entrance by Sports Unlimited and U-Haul International. She said without the benefit of additional barriers to shield Lots 78 and 79 from direct exposure to Highway 436, the problems of noise, air pollution, and lights from the automobiles would increase. She stated Lot 79 would support the continuation of the existing 50-foot wide buffer from the north to the south with the erection of a six-foot masonry wall to parallel the existing masonry wall of Casa Aloma Subdivision. She stated an alternate to this would be a six-foot masonry directional movement sign erected at the entranceway to the commercial properties. She described the directional movement sign and added that podocarpus evergreens would meet with their approval for buffering. She advised that the Southern Live Oak would not be an appropriate tree to plant due to the massive root system that would uproot curbs, driveways, and sidewalks in residential parkways.

Upon inquiry by Chairman Henley, Mr. Dwyer stated the conditions Ms. Carle described exist now and were not caused by this project. He added staff does not believe this project will impact the conditions.

Ms. Smith advised the applicant said the business would operate from 7:00 a.m. to 7:00 p.m. She said any headlight issues would be either from Casselton Drive or if Sports Unlimited is redeveloped. She said the LPA felt it unnecessary to have the wall and said to put in additional landscaping and the applicant agreed to do that.

Mr. Dwyer affirmed that the wall won’t correct the conditions.

Commissioners Morris, Maloy, and Henley discussed the seven recommendations by the LPA.

Todd Rember, Senior Planner with Professional Engineering Consultants and representing U-Haul, International (contract purchaser), addressed the Board to state they agreed to place evergreen canopy trees along the existing 5’ high wall per Code and agreed to the attachment as directed by the P & Z. He said they could look at the directional wall that came up today but they could only do something within their property boundary. He said they also promised to install an evergreen buffer of trees or shrubs on their north property line. He said they can look at joining with the property on the north and do some sort of directional wall. They would have to enter into an agreement with the other property owner and do it at a later date.

Plans of the site and proposed passive buffer design were received and filed.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to enact Ordinance #2000-37, as shown on page _________, rezoning to PCD (Planned Commercial Development) property located on the west side of State Road 436, just north of the Orange/Seminole County line; as described in the proof of publication, U-Haul International on behalf of owners Leonard R. and Debra Setzer.

Districts 1, 2, and 4 voted AYE.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve the associated site plan for property rezoned to PCD located on the west side of State Road 436, just north of the Orange/Seminole County line; as described in the proof of publication, U-Haul International on behalf of owners Leonard R. and Debra Setzer.

Districts 1, 2, and 4 voted AYE.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve the Development Order, as shown on page __________, for property rezoned to PCD, located on the west side of State Road 436, just north of the Orange/Seminole County line; as described in the proof of publication, with staff conditions upon the rezoning and site plan approval and including the LPA recommendations #1-7, and associated landscaping agreed to by the applicant as represented tonight, U-Haul International on behalf of owners Leonard R. and Debra Setzer.

Districts 1, 2, and 4 voted AYE.

Mr. Grace reminded the Board that the budget books would be distributed tomorrow afternoon; and that the Charter Review public hearing will be held tomorrow night at 7:00 p.m. in the BCC Meeting Room Chambers.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:18 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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