BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

August 12, 2014

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, August 12, 2014, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Robert Dallari (District 1)

Vice Chairman Brenda Carey (District 5)

     Commissioner John Horan (District 2)

     Commissioner Lee Constantine (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Circuit Court & Comptroller Maryanne Morse

     Acting County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Terri Porter

 

 

Pastor David Charlton, First United Methodist Church, Sanford, gave the Invocation.

     Commissioner Horan led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

     The Business Spotlight video for Invacare Corporation was presented. 

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     Chairman Dallari recessed the meeting of the Board of County Commissioners at 9:40 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).

U.S. HWY 17-92 CRA

Nicole Guillet, Acting County Manager, advised that staff would like to pull from the agenda the request to consider approval of a revision to the CRA Redevelopment and Construction Grant Agreement with Bill Ray Nissan.

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     Ray Hooper, Purchasing & Contracts Division, addressed the Board to present request to approve a ranking list and authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one Master Services Agreement (MSA) for PS-9464-14/AMM, Landscape Architectural Services (Estimated Term Usage of $450,000). 

     Mr. Hooper advised that solicitation PS-9464-14 was publicly advertised and eight submittals were received.  The evaluation committee evaluated the submittals, heard presentations, and recommended that the CRA Board approve the ranking list outlined in the agenda memorandum and authorize staff to negotiate with the top ranking firm, Bellomo-Herbert and Company, Inc., in accordance with the CCNA. 

     Mr. Hooper explained that once CRA-funded projects are identified, staff will negotiate appropriate work orders under this Master Agreement using County policies and procedures.  He stated that staff recommends approval of the ranking list and requests authorization for staff to negotiate rates in accordance with the CCNA and the Purchasing & Contracts Division to execute one Master Services Agreement.

     Commissioner Carey confirmed with Mr. Hooper that the same RFP, PS-9464-14, is for dual use and the $450,000 estimated usage under the two-year term is for both agenda items #2 and #18.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the ranking list as recommended by staff and authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one Master Services Agreement (MSA) for PS-9464-14/AMM, Landscape Architectural Services, as shown on page _______ (Estimated Term Usage of $450,000).

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

     Under discussion, Commissioner Carey stated that some of the work that could be done possibly on this is in the medians and she would like to see staff come back with one standard median design for all of the medians throughout the County and one for the overlay districts in order to stop paying large design fees, thereby streamlining the process.

     Chairman Dallari added that he believes the design needs to include xeriscape in the landscaping.  Commissioner Carey agreed it should be simplified with drought-tolerant, non-irrigated plants.

     Commissioner Horan questioned whether any of the concepts are included in the Landscape Maintenance Plan.  Ms. Guillet responded that they are included in the Plan and that Joe Abel, Leisure Services Director, is in attendance to respond to any further questions.

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Chairman Dallari adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 9:45 a.m., and reconvened as the Board of County Commissioners.

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     Chairman Dallari recognized Dr. Swannie Jett, Health & Human Services Director, in attendance today.

COUNTY MANAGER’S CONSENT AGENDA

     Ms. Guillet stated that staff is asking that Item #4, Request for approval of three assignments with Seminole Behavioral Healthcare on the Consent Agenda, and on the Regular Agenda, Item #23 in connection with construction of a parking garage at the Longwood SunRail Station, and Item #24, Agreement regarding Sylvan Lake Sports Center, be pulled from the agenda.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize and approve the following:

County Manager’s Office

Business Office

3.  Approve and authorize the Chairman to execute the Contract for Sale and Purchase of Land, as shown on page _______, between Seminole County and Ann Takvorian, for real property located on the northwest corner of East Lake Mary Boulevard and Moores Station Road, identified as Tax Parcel #03-20-31-300-012B-0000.

 

Community Services

Business Office

4.  Pulled from the agenda request to approve and authorize the Chairman to execute three Assignments between Seminole Community Mental Health Center d/b/a/ Seminole Behavioral Healthcare, hereafter referred to as Aspire Health Partners, Inc. and Seminole County.

 

Development Services

Planning & Development Division

5.  Adopt appropriate Resolution #2014-R-152, as shown on page _______, vacating and abandoning the cross access easement established in ORB 4358 PG 1297-1303, for property located on the northeast corner of Monroe Road and Church Street, Sanford, Bill Harkins, Teton Development Corporation.

6.  Approve the plat for Milford Estates Lot 1 Replat for property located on the east side of Brooks Lane, approximately one-tenth mile north of Gabriella Lane, more particularly known as 5000 Milford Estates Point, Drew Sheahan.

7.  Approve and authorize the Chairman to execute the minor plat for Lake Forest Village Shoppes Phase 2 for property located on the north side of State Road 46, approximately 1,100 feet west of Lake Forest Boulevard; David McDaniel.

 

Environmental Services

Solid Waste Management Division

8.  Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with DisposAll, Inc. from October 1, 2014 to September 30, 2015.

 

Public Works

Engineering Division

9.  Approve and authorize the Chairman to execute the Seminole County/MetroPlan Orlando (Urban Area Metropolitan Planning Organization) Fiscal Year 2014/2015 Funding Agreement, as shown on page _______, in the amount of $167,356.

10.  Approve and authorize the release of a Right-of-Way Utilization Permit Maintenance Bond #SEIFSU0595192 in the amount of $5,336 submitted for improvements to Sanford Avenue in conjunction with the Dollar General Store #13646 located at 3530 Sanford Avenue.

 

Resource Management

Budget and Fiscal Management Division

11.  Approve and authorize the Chairman to execute appropriate Resolution #2014-R-153, as shown on page _______, implementing Budget Amendment Request (BAR) #14-103 through the 2001 Infrastructure Sales Tax Fund to establish funding for the Orange Boulevard at Markham Road Mast Arm Project in the amount of $160,000.  Partial funding for this project is available from another project within the Mast Arm Program.

12.  Approve and authorize the Chairman to execute appropriate Resolution #2014-R-154, as shown on page _______, implementing Budget Amendment Request (BAR) #14-104 through the 2001 Infrastructure Sales Tax Fund to establish design funding for the SR 434 at CR 427 Intersection Improvement Project in the amount of $350,000.

13.  Approve and authorize the Chairman to execute appropriate Resolution #2014-R-155, as shown on page _______, implementing Budget Amendment Request (BAR) #14-105 through the Solid Waste Operating Fund in the amount of $20,000 to establish budget for grant funds received from the Florida Fish and Wildlife Conservation Commission (FWC) providing for a Bear-Resistant Cans Program.

14.  Approve and authorize the Chairman to execute appropriate Resolution #2014-R-156, as shown on page _______, implementing Budget Amendment Request (BAR) #14-106 through the Water and Sewer (Operating) Capital Fund reserves to provide for continuing project management services with CH2M Hill under PS-5190-05 in the amount of $681,166.

15.  Approve and authorize the Chairman to execute appropriate Resolution #2014-R-157, as shown on page _______, implementing Budget Amendment Request (BAR) #14-107 through the Neighborhood Stabilization Program (NSP) Fund in the amount of $268,030 for appropriation of program income and 2nd mortgage provided/forgiven.

Purchasing & Contracts Division

16.  Approve Amendment #1, as shown on page _______, to Work Order #1, Concept Development, Design, Permitting, Bidding and Construction Administration Services for the Sports Complex under PS-9092-13/RTB, Design Services for Seminole County Sports Complex Projects with HKS Architects, Inc., Orlando, for a revised total of $1,674,906.18; and authorize the Purchasing & Contracts Division to execute the Amendment.

17.  Approve ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one Master Services Agreement (MSA) for PS-9462-14/JVP, Bridge Inspection Services (Estimated Annual Usage of $75,000).

18.  Approve ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one Master Services Agreement (MSA) for PS-9464-14/AMM, Landscape Architectural Services (Estimated Term Usage of $450,000).

19.  Award RFP-602025-14/TLR, as shown on page _______, Financial Consulting Services for Federal Emergency Management Agency (FEMA) and Federal Highway Administration (FHWA) Disaster Reimbursement to Ernst & Young LLP, Orlando, on an as-needed basis at an hourly rate of $195; and authorize the Purchasing & Contracts Division to execute the Agreement.

 

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

 

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

     Motion by Commissioner Carey, seconded by Commissioner Horan, to approve and authorize the following:

     Clerk's Office

20.  Approval of Expenditure Approval Lists, as shown on page __________, dated June 30, July 7 and 14, 2014; and Payroll Approval Lists, as shown on page ___________, dated July 3 and 17, 2014; approval of the BCC Official Minutes dated June 24, 2014; authorization to execute 2013 Property Tax Roll Final Report, as shown on page _______; and noting, for information only, the following Clerk's "Received and Filed":

 

1.    Work Order #5, as shown on page _______, to CC-9192-13.

 

2.    Work Order #8, as shown on page _______, to PS-8072-12.

 

3.    Change Order #12, as shown on page _______, to CC-6877-11.

 

4.    Change Order #1, as shown on page _______, to Work Order #18 to CC-5075-10.

 

5.    Change Order #4, as shown on page _______, to CC-8105-12.

 

6.    Fourth Amendment, as shown on page _______, to IFB-601448-12.

 

7.    Third Amendment, as shown on page _______, to RFP-600453-08.

 

8.    Change Order #2, as shown on page _______, to Work Order #19 to CC-5075-10.

 

9.    Closeout, as shown on page _______, to RFP-7687-12.

 

10.    First Amendment, as shown on page _______, to IFB-601921-14.

 

11.    Amendment #1, as shown on page _______, to Work Order #19 to PS-8047-12.

 

12.    Work Order #3, as shown on page _______, to CC-9192-13.

 

13.    Second Amendment, as shown on page _______, to IFB-601852-13.

 

14.    Closeout, as shown on page _______, to CC-8459-13.

 

15.    Work Order #9, as shown on page _______, to PS-8286-13.

 

16.    Change Order #1, as shown on page _______, to Work Order #1 to CC-9072-13.

 

17.    First Amendment, as shown on page _______, to IFB-601739-13, Forever Native, Inc.

 

18.    First Amendment, as shown on page _______, to IFB-601739-13, LaFleur Nurseries and Garden Center, LLC.

 

19.    Amendment #1, as shown on page _______, to Work Order #63 to PS-3914-08.

 

20.    Work Order #5, as shown on page _______, to PS-8148-12.

 

21.    Work Order #20, as shown on page _______, to CC-8199-12.

 

22.    Work Order #3, as shown on page _______, to PS-8565-13.

 

23.    Closeout, as shown on page _______, to CC-7840-12.

 

24.    First Amendment, as shown on page _______, to IFB-601101-11, CS Engineered Castings, LLC.

 

25.    Second Amendment, as shown on page _______, to IFB-601101-11, Transportation Control Systems, Inc.

 

26.    Amendment #1, as shown on page _______, to Work Order #6 to PS-8186-13.

 

27.    Amendment #5, as shown on page _______, to Work Order #41 to PS-4388-09.

 

28.    Work Order #20, as shown on page _______, to PS-8047-12.

 

29.    First Amendment, as shown on page _______, to RFP-8833-13.

 

30.    Sixth Amendment, as shown on page _______, to IFB-600855-10.

 

31.    Amendment #1, as shown on page _______, to Work Order #63 to PS-4388-09.

 

32.    Closeout, as shown on page _______, to Work Order #15 to CC-8199-12.

 

33.    Fifth Amendment, as shown on page _______, to RFP-601461-12.

 

34.    Amendment #5, as shown on page _______, to Work Order #2 to PS-5116-10.

 

35.    Work Order #6, as shown on page _______, to PS-8148-12.

 

36.    Change Order #2, as shown on page _______, to Work Order #6 to RFQ-5888-10.

 

37.    Work Order #10, as shown on page _______, to PS-1666-07.

 

38.    Change Order #1, as shown on page _______, to Work Order #2 to CC-9072-13.

 

39.    Work Order #6, as shown on page _______, to CC-9192-13.

 

40.    Closeout, as shown on page _______, to CC-9000-13.

 

41.    Closeout, as shown on page _______, to CC-8159-12.

 

42.    Unauthorized Commitments Memorandum, as shown on page _______, dated 6/26/14 from Engineering to Acting County Manager regarding payment of invoice for Work Order #2 to PS-2144-07.

 

43.    RFP-601837-13, as shown on page _______, Non-Exclusive Communications Tower and Site Lease Agreements with AT&T Mobility for Dike Road and Wekiva Springs sites, as approved by the BCC on 12/10/13.

 

44.    Locally Funded Agreement with FDOT, as shown on page _______, for acquisition of right-of-way, CR 46A at W. 25th Street, per approval of Resolution #2014-R-60 on 2/11/14.

 

45.    Bill of Sale, as shown on page _______, from Taylor Morrison accepting potable and reclaimed water systems and sewer system within the project known as Steeple Chase f/k/a L&L Acres.

 

46.    Maintenance Bond, as shown on page _______, for water and sewer facilities for the project known as Steeple Chase f/k/a L&L Acres in the amount of $93,768.49.

 

47.    Recording of Plats, Steeple Chase Certificate of Title, as shown on page _______.

 

48.    Performance Bond #SU1126064, as shown on page _______, Taylor Morrison (Principal) for the subdivision known as Steeple Chase in the amount of $432,408.62.

 

49.    Conditional Utility Agreement, as shown on page _______, for potable and reclaimed water service, for the project known as Lake Irish Estates.

 

50.    Conditional Utility Agreements, as shown on page _______, for potable and reclaimed water service and sewer service, with Park Square Enterprises, for the project known as Preserve at Lake Sylvan.

 

51.    Assignments of Utility Agreements, as shown on page _______, for water and sewer service between Zimmer Poster Service and JTD Land at Aloma Trails, for the project known as Aloma Trails.

 

52.    Warranty Deed, as shown on page _______, for Parcel #26-21-30-300-016A-0000, Daniel R. Cash, Grantor.

 

53.    Special Warranty Deed, as shown on page _______, for Parcel #19-21-30-300-0630-0000; 7-Eleven, Inc., Grantor.

 

54.    Recording of Plats, Certificate of Title, as shown on page _______, Water and Sewer Performance Bond #59BSBGQ7538, as shown on page _______, in the amount of $223,441.91; and Private Roads Performance Bond #59BSBGQ7539, as shown on page _______, in the amount of $287,673.84, for the project known as Tuska Reserve Subdivision.

 

55.    Letter dated 7/21/14 from Tax Deed Clerk to BCC regarding Tax Deed for Parcel #31-19-31-504-1300-0200 to be placed on Lands Available for Taxes listing.

 

56.    Memorandum dated 7/2/14 from Community Services Director to Acting County Manager regarding Amendment to NSP Unauthorized Commitment for Ameriscapes.

 

57.    Recorded First Amendment, as shown on page _______, to Third Amended Developer’s Commitment Agreement #12-205000025 for Heathrow Planned Development.

 

58.    Recorded Approval Development Orders, as shown on page _______, for Variances as follows:  #14-4000037, Tony Jones; #14-30000035, Kristin Longanecker and Ronald & Mary Hooker; #14-30000036, Michael & April McManus; #14-30000038, William Eldert and Christina Evans; #14-30000039, Judith Lewis-Matthew; #14-30000040, Daniel & Clara Coleman; #14-30000045, Kevin Rowland; #14-30000044, Joshua Billy and Kristine Rivas; #14-30000046, Peter & Laura Pelletier; #14-30000047, Russell Greenidge; #14-30000049, Ismael Zabala; #14-30000050, Betty Orta; and #14-30000060, Kevin Mohr.

 

59.    Denial Development Order, as shown on page _______, #14-30000041 for a Variance, Laszlo Barcza.

 

60.    Recorded Approval Development Orders, as shown on page _______, for Special Exceptions as follows:  #14-32000002, Raydel Dominguez and Tania Rodriguez; and #13-32000015, First Baptist Church of Chuluota, Inc.

 

61.    Recorded Development Orders, as shown on page _______, for Alcoholic Beverage Licenses as follows:  #14-27500027, Coastal Acquisitions, Inc. for Fern Park Chevron; #14-27500026, Spirit SPE KC Portfolio 2013-7 LLC for 1640 McCulloch Road; and #14-27500024, SCOPA for 1413 Dolgner Place.

 

62.    Parks Contracts for Services, as shown on page _______, for Jason Smith and Jacob Borton.

 

63.    Assistant Tennis Pro Agreement, as shown on page _______, for Jesse Jauz.

 

64.    Bids as follows:  PS-9464-14 and RFP-602025-14.

 

No one spoke in support or in opposition.

 

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

 

REGULAR AGENDA

The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2013/14 (June 2014).

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Paula Halleck, Development Services, addressed the Board to present request to consider a reduction of the Code Enforcement Board lien from $46,250 to $3,500, for Case #13-52-CEB on the property located at 1206 Waverly Way, Longwood, Tax Parcel #01-21-29-501-0B00-0070; Federal National Mortgage Association, current owner.

Ms. Halleck reviewed the background timeline as outlined in the agenda memorandum.  She advised that staff recommends the Board deny the reduction and cited those reasons.

Commissioner Carey stated that this involved a swimming pool situation which is a real hazard for the community.  She questioned if the pool had been secured by the prior owner, the bank, or the County.  Ms. Halleck responded that it wasn’t until the bank brought it into compliance. 

Commissioner Carey said that the Board has given direction previously that if there exists a situation where a pool is not secured, that the County should take action.  Ms. Halleck explained that the pool was secured with a fence, but that the pool water was stagnant.  Commissioner Carey added that because of the black water, a child could fall into a pool and no one would know it.

Sue King, DataQuick Title on behalf of the applicant, addressed the Board to explain that the residents had to go through an eviction and the bank was not able to get into the property until March.  She said she believes they brought it into compliance in May and is asking for a reduction in the amount of the lien.

Commissioner Carey questioned if staff researched the court records to verify there had been an eviction filed through the Clerk of the Court’s Office, to which they responded that they had not.

Officer Dorothy Hird, Altamonte Community Code Enforcement, Seminole County Sheriff’s Office, addressed the Board to advise that the property was vacant when she originally sent notice.  She added there was no one living there so she is surprised that there was an eviction.  She started the process on July 23, 2012 and there was no one there at that time, and no one there at any time during any of the inspections she performed.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Henley, seconded by Commissioner Carey, to deny a reduction of the Code Enforcement Board lien from $46,250 to $3,500, for Case #13-52-CEB on the property located at 1206 Waverly Way, Longwood, Tax Parcel #01-21-29-501-0B00-0070, as recommended by staff; Federal National Mortgage Association, current owner.

Under discussion, Commissioner Carey reminded the financial institutions that this is a serious issue in the County and that these matters need to be dealt with swiftly once the Certificate of Title is issued; not seven months after the fact.

Chairman Dallari thanked the Code Enforcement Officer for her assistance in this matter.

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

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Request to approve an Agreement between Weston Park, L.P., the Florida Department of Transportation and Seminole County in conjunction with the construction of a parking garage to accommodate an apartment complex and the SunRail Station in Longwood, was presented. 

Chairman Dallari stated that Item #23 was pulled from the agenda per staff’s request.

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Request to approve the Sylvan Lake Sports Center Use and Management Private/Public Partnership Agreement with Orlando Sports Holdings, LLC d/b/a Orlando City Soccer Club and Orlando City Soccer Foundation, Inc., was presented. 

Chairman Dallari stated that Item #24 was pulled from the agenda per staff’s request.

COUNTY MANAGER’S AND STAFF BRIEFINGS

     Joe Forte, Deputy County Manager, addressed the Board to request authorization to advertise the land swap of properties located on East Lake Mary Boulevard.  He displayed an aerial pictorial (received and filed) of the property on West SR 436 and Montgomery Road.  He explained that this piece of property would be exchanged for one of the parcels on East Lake Mary Boulevard.  He then displayed an aerial photo (received and filed) of the parcels on East Lake Mary Boulevard next to the future Sports Complex.

     Upon inquiry by Commissioner Carey, Mr. Forte advised that the parcel on the corner of SR 436 and Montgomery Road is about one acre in size.  He stated that the one-acre parcel would be exchanged for Parcel #3 on the photo, which is owned by the Kirchhoff Trust and that property is 11.7 acres.  He pointed out the other property they would like to exchange that is owned by the airport.  He added that an equivalent 14.54 acres of the 28-acre parcel would be exchanged for 14.54 acres that fronts Lake Mary Boulevard.  He further explained that Item #3 on the Consent Agenda today included the acquisition of the 28-acre parcel.

     Mr. Forte advised that the Sanford Airport Authority (SAA) voted unanimously this morning to move forward with the land exchange subject to the following conditions:  approval of the exchange by the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA); the final acquisition by the County of the Takvorian parcel, which a final resolution for this swap would not be brought before the Board until such time as the County has ownership of that property; a satisfactory legal review of all components of the exchange and contract negotiation; and SAA retains the right to consider imposing use restrictions on the SAA land to be exchanged, i.e. the Sports Complex.

     Upon inquiry by Commissioner Henley, Mr. Forte advised that the remaining 14 acres of the back portion of the 28 acres approved for acquisition today would potentially be used for additional soccer fields.  He said they can fit four fields on that land and displayed an in-house drawing (received and filed) prepared by staff of the plan for those fields.

     Commissioner Carey confirmed that the back portion of that property is currently being used as soccer, football and lacrosse practice fields. 

     Commissioner Constantine confirmed with Mr. Forte the properties that staff is requesting to advertise.

     Upon inquiry by Commissioner Henley, Mr. Forte advised they were originally considering these properties as part of the Sports Complex development, but that proved to be too expensive partly because they would need to incorporate Cameron Road, the utilities and the drainage ditch.  He added that whatever the Board decides to do with that property in the future would be considered independent of the Sports Complex.  He explained it is likely Cameron Road would remain as an access point so the cost to develop that would not be as extensive as it was if they were to make it one complete parcel with the Sports Complex; however, there is probably about $1.5 million worth of civil work that would need to be done to those properties before developing them.

     Commissioner Carey stated they have discussed the demand for fields and practice fields, and there always seems to be a need for additional lacrosse and football fields.  They have also talked about indoor sand sports and indoor facilities of various kinds.  She said they are just preparing for the future because once this opportunity is gone, for example, if the airport were to sell that piece that they own fronting Lake Mary Boulevard, the Sports Complex would be boxed in and they could never really expand past that.  She said she feels it is a great use and it gives a lot of flexibility for the future.

     Commissioner Constantine confirmed that there are no plans for the parcels and that there are two separate land swaps.  He added that he does not have a problem with the exchange of the 14-acre parcels, but would like to discuss separately the exchange of the Montgomery Road parcel for parcel #3.

     Upon inquiry by Commissioner Henley, Mr. Forte advised that no portion of the Jetta Point property was considered as a part of these particular land swaps.

     Commissioner Carey advised that a number of years ago, the Board asked staff to identify any excess parcels or unutilized buildings and to either make use of them or dispose of them.  She stated that is how the Montgomery Road site was identified, which is a one-acre parcel to be exchanged for parcel #3, and parcel #3 is almost 12 acres located on Lake Mary Boulevard.  She opined that parcel #3 is more critical to their future sports design than parcel #1 from the airport because it is absolutely contiguous.  She stated she is in favor of supporting both land swaps.

     Commissioner Constantine stated he supports the 14-acre exchange because it is comparable property and something they could use in the future.  He said the Acting County Manager advised him that she is in the process of looking for various parcels that the County does not need in order to sell them and supplement the budget. 

     Commissioner Constantine stated the property on Montgomery Road is zoned C-1, has water and sewer, is high and dry, and will continue to increase in value because FDOT is moving Wymore and Douglas which means Westmonte Drive will be used more; therefore, that parcel will be more in the “value path” of I-4.  He added that it is ready to be developed with minimal cost to the owner.  He said that he looked at the appraisal of parcel #3 and he found no development costs included in the appraisal.  He said parcel #3 would cost the County between $1.6 and $1.7 million to prepare it for development and opined that its actual cost would be twice as much as the Montgomery parcel.  His suggestion would be to sell the parcel in Altamonte Springs for the highest price they can get and put those dollars into the General Reserves and then look to see if there are funds to develop parcel #3.  He stated to exchange the Montgomery Road parcel that is extremely valuable and could be used immediately in zone C-1 makes no financial sense and he is opposed to advertising it at this time.  He opined that the Acting County Manager should consider selling the Altamonte Springs parcel and that eventually down the line, the County could purchase parcel #3 if needed.  He further stated that the two costs of the 14-acre parcel exchange are close in value, about $1.3 million, but the cost to develop parcel #3 would make it twice the cost.

     Commissioner Carey stated the development costs are taken into consideration with the appraisals when comparing one to the other.  She added that there will be development costs on the corner lot in Altamonte Springs because they will need to bust up the paved area and deal with the tanks that are underground.  She said the development cost estimate is for the County to turn it into fields and the appraisal takes all of that into consideration.  She added they are talking about exchanging 1 acre for 12 acres.  In addition, the Montgomery Road site is not desirable because it is on the wrong side of the traffic light.

     Upon inquiry by Commissioner Horan, Mr. Forte stated that a gas station had been on the parcel on Montgomery Road and they had undergone a remediation to have that property cleaned up.  Upon inquiry by Commissioner Constantine, Commissioner Carey advised that the contamination has been cleaned up and Mr. Forte advised that the gas tanks had been removed.  Commissioner Horan stated then there have already been some costs associated with that parcel.  Mr. Forte explained that it was part of the engineering of the road widening of SR 436. 

     Upon further inquiry by Commissioner Horan, Mr. Forte responded they only recently determined that they can surplus the Montgomery Road property.  The land swap was then discussed during one of the Board work sessions.  Commissioner Horan stated that the property then has not been exposed to the open market.

     Upon inquiry by Chairman Dallari, Mr. Forte advised they would advertise this for the purpose of swapping the Montgomery Road parcel with parcel #3.  Commissioner Horan opined that a developer could see the advertisement or the meeting today and make an offer if they are interested in the Montgomery Road parcel.  Discussion ensued regarding the advertisement and the timetable.

     Upon inquiry by Commissioner Carey, Mr. Forte said he assumes the appraiser used like properties in the area when they did their appraisal of the Montgomery Road parcel, which was $1,360,000.  Commissioner Carey confirmed the parcel is zoned C-1 and said that means it can no longer be used for a gas station, which requires a C-2 zoning.  She stated now the use has changed and it is not all in one parcel, there is a small section on the other side.  She reiterated that no one will pay more than they can get it financed for and you can only get it financed for what you can get it appraised for.  She questioned who the appraisal firm was and opined it is a good, solid appraisal firm who went through that exercise.  She added that it makes sense to exchange one unusable acre that the County had acquired as part of the Montgomery Road and SR 436 widening for 12 acres for some future vision.

     Commissioner Constantine stated there is nothing prohibiting them from purchasing property #3.  He said there is a popular restaurant and a miniature golf course next to the Montgomery Road property and that Westmonte Drive will be in proximity to this parcel.  He opined there is a difference between advertising a potential swap and advertising land for sale, and they could advertise the property for sale to see what kind of interest they get, and it doesn’t preclude them from purchasing parcel #3 at some later date.  He stated they have put in a large amount of the development costs on the Altamonte Springs property but they would need to put in all the development costs on parcel #3.

     Bryant Applegate, County Attorney, read aloud a section of the Statute that relates to advertising for the public’s benefit.

     Ms. Guillet stated that from a staff standpoint, they believe it is appropriate and responsible to plan for future development; they do that on a regular basis.  In this case, they have a creative way to acquire property for future development without any impact to the cash reserves.  She added that based on the appraisals, it is an equivalent swap.  If for whatever reason parcel #3 is not developed in the future, it remains a County asset, so there is no loss to County assets through this action.  She stated that even though these are two separate actions, the land swap with the airport and the land swap with the property on SR 436 and Montgomery Road, in staff’s opinion and in her opinion, it does not make sense to do one without the other, because then two pieces of land would be fragmented:  the 28 acres and the 14-acre piece that are not contiguous.  Therefore, staff is recommending that they move forward with the advertisement of both properties.

     Upon inquiry by Commissioner Constantine, Ms. Guillet stated there is no guarantee of the price the County could get for the Montgomery Road parcel; additionally there is no guarantee of the selling price for parcel #3 should they decide to acquire it that way.  In this case, there is an even swap based on professional appraisals.  She added that there would not be any impact to the cash reserves for the purchase of parcel #3.  Commissioner Constantine opined that there was no real rush.  Ms. Guillet responded that she does not know what the situation is with regard to offers on the property, but it is like any other real estate transaction; it is available now and no one knows if it will be available tomorrow.

     David Leavitt, 1000 Ridge Pointe Cove, addressed the Board to state that he does not think it is responsible to “test the waters” with a land swap advertisement.  He said that he believes the taxpayers would rather see that the piece of property owned by the County be advertised for sale, especially since there are no plans for future use.  He added that if no offer for purchase is made, then they could maybe consider a land swap.  He thinks they should let other businesses and entities have the opportunity and know that the property is actually for sale, not a swap.  He also doesn’t think that parcel #3 is all that desirable of a property, anyway.  He does not believe that this is in the best interest of the County.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Commissioner Carey said she does not have a problem with the exchange because the County has already made a capital investment in the land, which is marked as County-1 on the aerial photo, to build a Sports Complex.  She opined she believes in appraisals and this was a well-done appraisal that took into consideration all of the comps that you would take in a normal commercial appraisal.  She added that the one acre on Montgomery Road has no use to the County in the future, but that this land swap could become Phase 2 of a very important resource that the County is putting a lot of capital into.

     Motion by Commissioner Carey, seconded by Commissioner Henley, to advertise the land swaps for parcels #1 and #3 on East Lake Mary Boulevard as the Florida Statute requires.

     Under discussion, Commissioner Horan stated there is nothing stopping the public from looking at the advertisement or the televised viewing of this meeting and offering a better deal.  He said he plans to contact some people in commercial real estate to inform them of this, which is the reason for the Florida Statute.

     Commissioner Constantine stated that when a land swap is advertised, the advertisement is not for the potential sale of the property.  He said he hasn’t heard about any property being purchased on the stretch of land where the Sports Complex will be, but there is a constant amount of exchange and purchases near the SR 436 and Montgomery Road property.  He said he believes the citizens of Seminole County would be better served to consider this parcel as excess property and have staff look for people to purchase this property.  He said he wants to publicly say he is not against the land swap of the 14 acres, Airport-1 for County-2 on the aerial photo legend.  He added he believes the citizens of Seminole County would be much better served if the County sold the Montgomery Road parcel.

     Commissioner Henley suggested they might want to advertise the land for sale and/or swap and take the best deal.  Commissioner Horan stated if that is proper, he has no problem with it.

     Commissioner Carey requested that the County Attorney describe the process of disposing of excess property and the timeframe regarding advertisements and bids.  She stated that she is not interested in having Airport-1 and splitting the 28 acres if they do not have parcel #3 because that would fragment the sports facility that they are investing a lot of money into.  She actually would rather have parcel #3 than Airport-1, so if it is not Airport-1 and parcel #3 together, she is not interested in making a swap with the airport.  She added that the airport is interested in positioning their properties so they can best help with the development around the airport.  They will be getting like value to like value, but it doesn’t benefit the County to break up 28 acres if it doesn’t become part of the Sports Complex.  Commissioner Horan agreed.

     Commissioner Carey stated per the appraisals, the property on Lake Mary Boulevard is more valuable than the Montgomery Road lot.  She said if they would go down the path to do a dual process which is not the motion right now, and they get some low-ball offers, the people that they are trying to do the land swap with might say that maybe the County’s property isn’t as valuable as they thought it was on Montgomery Road.  Then the County would be looking at trying to do a land swap and coming up with cash to do it. 

     Commissioner Carey said that they have two appraisals on these properties and that the County’s property is worth less money than parcel #3, yet they are able to do the exchange.  She added that she is looking at the future and her job is to be a visionary.  The County has already made the leap of faith with the Sports Complex.  She made the motion the way she did because she would not consider it if they were only doing the airport swap and she serves on the Airport Board and they have had a lot of discussion about that.

     Districts 1, 2, 4 and 5 voted AYE.

     Commissioner Constantine voted NAY.

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     Ms. Guillet advised that the Human Resources Manager will be leaving that position and they have brought on James Carnicella, who will be serving as the Interim Human Resources Manager and will be managing the day-to-day activities as well as making an assessment of that division.  He will ultimately help recruit a permanent replacement for Ms. Lee Ricci.

COUNTY ATTORNEY’S BRIEFING

     No report.

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     Chairman Dallari advised that a work session is scheduled in Conference Room 3024 beginning at 10:45 a.m.

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     Chairman Dallari recessed the meeting at 10:36 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Clerk of Court and Comptroller Maryanne Morse who was replaced by Chief Deputy Clerk Bruce McMenemy, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Erin Leben, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Horan, seconded by Commissioner Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

UNNAMED RIGHT-OF-WAY VACATE/

The Master’s Academy/Excel Engineering

 

     Continuation of a public hearing to consider adoption of a Resolution vacating and abandoning the unnamed platted 30-foot public right-of-way, including the south 10 feet of Lot 33 and including the north 10 feet of Lot 32, lying between Lukas Lane and North SR 417, as recorded in Plat Book 2, Page 71, in the Public Records of Seminole County, located approximately 1,300 feet north of Slavia Road, as described in the Proof of Publication, Excel Engineering.

     Denny Gibbs, Development Services, addressed the Board to advise that the applicant requests the item be continued to the September 23, 2014 Board meeting.  District Commissioner Dallari recommended same to the Board.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner Horan, seconded by Commissioner Henley, to continue to September 23, 2014 at 1:30 p.m. or as soon thereafter as possible, the request to adopt a Resolution vacating and abandoning the unnamed platted 30-foot public right-of-way, including the south 10 feet of Lot 33 and including the north 10 feet of Lot 32, lying between Lukas Lane and North SR 417, as recorded in Plat Book 2, Page 71, in the Public Records of Seminole County, located approximately 1,300 feet north of Slavia Road, as described in the proof of publication, Excel Engineering.

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

 

 

 

LADYBIRD ACADEMY OF WEKIVA SPRINGS

PD MAJOR AMENDMENT & REZONE/Fragomeni Engineering

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance enacting a Major Amendment to the Wekiva Springs Road PD (Planned Development); and  associated Rezone from PD (Planned Development) to PD (Planned Development); and approval of the associated Amended & Restated Development Order for 4.45 acres, located on the east side of E. Lake Brantley Drive, approximately 600 feet north of Shining Armor Lane, more particularly known as 470 E. Lake Brantley Drive, Fragomeni Engineering, received and filed.

     Brian Walker, Development Services, addressed the Board to present the request as outlined in the Agenda Memorandum.  He advised that the Planning & Zoning Commission recommended approval and staff also recommends approval.

     Steve Coover, on behalf of Longwood LB, LLC, addressed the Board to state they concur with both staff’s recommendation and the Planning & Zoning Commission’s recommendation. 

     Tammy Chiriani, 505 Wekiva Springs Road, addressed the Board to state her property is immediately north of the project and her concern is whether or not there will be a cutout in the median for entrance to the building on Wekiva Springs Road.  She expressed her concern of a potential increase in traffic cutting through her parking lot. 

     Upon inquiry by Commissioner Carey, Ms. Chiriani advised that her business’ parking lot is connected to this parcel.  She stated there are entrances to their parking lot on Wekiva Springs Road and E. Lake Brantley Drive.  She described the location of her parking lot related to the project. 

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Mr. Walker advised that a site-impact analysis was done for this property and it was found that no improvements were needed.  It would be a voluntary improvement if the applicant chose to do so. 

     Brett Blackadar, County Engineer, addressed the Board to state there is an entrance off of Wekiva Springs Road so the users can make a U-turn at that directional median opening and use the entrance onto Wekiva Springs Road, which he felt would be quicker than cutting through the subject parking lot, which was just discussed. 

     Upon inquiry by Commissioner Carey, Mr. Blackadar explained why he did not see an advantage of cutting through the parking lot to access this site. 

     District Commissioner Constantine expressed his empathy with the property owner to the north of this parcel, but stated he concurs with what has been said by staff and does not see this aggravating the problem with cutting through the parking lot.

Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt Ordinance #2014-34, as shown on page ______, enacting a Major Amendment to the Wekiva Springs Road PD (Planned Development); and associated Rezone from PD (Planned Development) to PD (Planned Development) and approval of the associated Amended & Restated Development Order, as shown on page ______, for 4.45 acres, located on the east side of E. Lake Brantley Drive, approximately 600 feet north of Shining Armor Lane, more particularly known as 470 E. Lake Brantley Drive, as described in the proof of publication, Fragomeni Engineering.

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

AMENDMENTS TO THE TEXT OF THE

SEMINOLE COUNTY COMPREHENSIVE PLAN/Seminole County

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance adopting Amendments to the Introduction, Conservation, Future Land Use, Implementation, and Transportation Elements of the Seminole County Comprehensive Plan, Seminole County, received and filed.

     Sheryl Stolzenberg, Development Services, addressed the Board to present the request as outlined in the Agenda Memorandum.  She indicated that the majority of changes affect the implementation element and are intended to update the plan to reflect changes made to Chapter 163, Part II, of Florida Statutes in 2011.  The BCC voted to transmit the amendments to state and regional reviewing agencies on June 24, 2014, most of which had no comments.

     Ms. Stolzenberg stated staff received a technical assistance comment from the State Land Planning Agency, which suggested taking a second look at this language.  The department was concerned that the language staff had proposed, which was an attempt to clarify the Small Scale Future Land Use Amendment, was not as clear as intended.  The proposed language reads as follows:  “small scale amendments are generally those Future Land Use map amendments that affect ten acres or fewer and may be accompanied by necessary text changes.”  Staff wanted to use that language because the State had required when an amendment to the Future Land Use map is made to Planned Development, there must also be a text change explaining what the maximum density and intensity of the Planned Development would be.  They wanted people to understand that this was not a requirement for Small Scale Map Amendments. 

     Ms. Stolzenberg advised that staff recommends changing the language to comply with the recommendation from the State Land Planning Agency.  She suggested removing the phrase “may be accompanied by necessary texts changes,” and instead state, “and if any text change is proposed in compliance with State Statute, the change must relate directly to and be adopted simultaneously with the map amendment.  Such a text change cannot change the goals, polices, and objectives of the Comprehensive Plan, even if such change may be necessary for the adoption of the Small Scale Map Amendment.”

     Ms. Stolzenberg submitted a communication (received and filed) from Connie Wightman into the record and advised she had distributed it to the Commissioners. 

No one spoke in support or in opposition.

Written Comment Form was received and filed.

     Commissioner Constantine advised that he has no problem with the Statute changes for 163 but has concerns with the changes in the density laws.  He stated he does not see anybody so concerned about the density that transmission lines and right-of-ways are of serious importance to them.  He believes that as a county that is mostly suburban, they should err on the side of Florida’s natural choice and when possible, reduce densities rather than increase densities.  He expressed his concern in adding transmission lines and right-of-ways. 

     Commissioner Constantine stated that if the County were to change their Comprehensive Plan to be more like Orange County or Volusia County, they would need to adopt their tree ordinances as well.  He opined that he does not see the need to increase density.  He added that he is concerned with the setback of water bodies and believes they should have 50-foot setbacks for water bodies, not 30 feet. 

     Upon inquiry by Commissioner Henley, Ms. Stolzenberg advised that staff believes that the net effect will be that they will be following the vision for the regional area that was adopted by this Commission and some of the surrounding counties and the cities to try to incentivize development to come into the urban area in the corridors and the centers in support of SunRail.  She added that at the same time, it is intended to protect the environmentally sensitive and rural areas by distinguishing between the urban and the rural areas.  It will also give an incentive to people to develop on some of the infill properties that may be a little oddly shaped because they’ve lost land to right-of-way or because there are utility transmission lines.  She advised that staff is getting proposals from people who would like to develop in the rural area because they find it easier to work with land that is big.  She does not feel they will have a massive increase in density but rather people who might take a second look at these urban properties as their plan asks them to do. 

     Commissioner Henley stated he has an issue with the changes that identify net buildable acres.  He feels that if there is a unique piece of land that creates a hardship, those can be dealt with through variances.

     Nicole Guillet, Acting County Manager, stated that the concept in revising the definition of net buildable acreage was raised by an independent development advisory group.  She stated it is a concern of the development community.  She added that this was originally brought to the Board as a countywide change, but due to the concern about the impact to the rural area, they have revised the language to address those concerns.  Regarding the setbacks from the water bodies, Ms. Guillet stated that is a policy decision for the Board.  She stated staff is trying to achieve consistency with the Land Development Code. 

     Commissioner Henley expressed his concern in staff wanting to change the definition of net buildable acre as it will compromise what has been in there for some time and he feels it is working well. 

     Commissioner Carey stated she does not have a problem with the revision that has come back taking the rural area out of the net buildable acres issue.  She advised that Seminole County is designated as DULA (Dense Urban Land Area), no longer a suburban community, and is recognized as such by the planning councils.  She agrees with Commissioner Constantine on the 50-foot, water-body building setback.  She opined that if it comes down to changing the Land Development Code or the Comprehensive Plan, she would want to change the Land Development Code to 50 feet.  She explained that she is talking specifically about lakes and would like to see some definition as to what “water body” is. 

     Chairman Dallari advised that he supports changing the net density around the four SunRail stations, but not making a blanket change in the urban areas. 

     Ms. Guillet recommended that if the Board wants to address density around the SunRail stations, they should approach it in some other manner than redefining net density. 

     Commissioner Constantine stated he feels for the time being these two changes should be taken out of the amendments. 

     Motion by Commissioner Carey, seconded by Commissioner Horan, to approve the Comprehensive Plan as presented, with the exception of Policy Number 2.4, leaving that at 50 feet, and requesting that a Land Development Code Amendment come forward for that to be increased to 50 feet and a definition of “water bodies” to be added to the Comprehensive Plan. 

     Under discussion, Commissioner Horan stated he thinks there needs to be some clarification on the definition of “high water mark” and how it applies to this change. 

     Commissioner Carey withdrew her motion.  Commissioner Horan withdrew his second. 

     Chairman Dallari requested that additional information regarding transmission lines and right-of-way as part of density as well as the overlay district options proposed by the County Manager be provided to the Board.

     Commissioner Carey requested that the County Manager provide an example of, if there was a mile of roadway, how big of a tract that would be and what the impact would be.

     Motion by Commissioner Carey, seconded by Commissioner Horan, to continue to September 23, 2014 at 1:30 p.m., or as soon thereafter as possible, request to approve an Ordinance adopting Amendments to the Introduction, Conservation, Future Land Use, Implementation and Transportation Elements of the Seminole County Comprehensive Plan, as described in the proof of publication, Seminole County.

     Under discussion and upon inquiry by Commissioner Carey, Ms. Guillet advised that they will have to bring the Land Development Code Amendment to the Planning Commission.  She advised staff will prepare a draft and bring it back to the Board at a later date for adoption.

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

 

 

PINTER PD SMALL SCALE LAND USE

AMENDMENT AND REZONE/Ryan Stahl

 

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance enacting a Small Scale Future Land Use Map Amendment from Low Density Residential and Commercial to Planned Development, and adoption of an Ordinance enacting the associated Rezone from C-2 (Retail Commercial) and R-1 (Single-Family Dwelling) to PD (Planned Development), and approval of the associated Development Order for 5.85 acres, located on the southwest corner of State Road 436 and Anchor Road, Ryan Stahl, received and filed.

Mr. Walker presented the request as outlined in the Agenda Memorandum.  He advised that the Planning & Zoning Commission recommended approval and staff recommends approval of this item. 

     Ryan Stahl, applicant, addressed the Board to offer assistance in answering any questions they might have. 

     Carlos Pastrana, Pastrana Properties, addressed the Board to question the accuracy of the map that was displayed.  Chairman Dallari explained that the map is an aerial and thus to scale to a point, but not an actual survey. 

     Denise Goings, 675 Gladwin Avenue, addressed the Board to express her concern with any runoff from the project and how it might affect the wildlife in Lake Pearl. 

     Mr. Stahl reviewed a map (copy received and filed) and explained how the project would not affect surrounding properties.

     Upon inquiry by Commissioner Constantine, Mr. Stahl advised that they have a Declaration that will maintain the retention pond and both parcels once completed.

     Upon inquiry by Commissioner Carey, Mr. Stahl advised the average setback is 150 feet.  He stated the piece to the south of the subject property is a residential property.

     No one else spoke in support or in opposition.

     Written Comment Form was received and filed.

     Motion by Commissioner Henley, seconded by Commissioner Horan, to adopt Ordinance #2014-35, as shown on page _______, enacting a Small Scale Future Land Use Map Amendment from Low Density Residential and Commercial to Planned Development, and adoption of Ordinance #2014-36, as shown on page ______, enacting the associated Rezone from C-2 (Retail Commercial) and R-1 (Single-Family Dwelling) to PD (Planned Development), and approval of the associated Development Order, as shown on page ______, for 5.85 acres, located on the southwest corner of State Road 436 and Anchor Road, as described in the proof of publication, Ryan Stahl.

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

LUTHERAN HAVEN RESIDENTIAL MEMORY CARE FACILITY PD/

Lutheran Haven Extended Congregate Care, LLC

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance enacting a Rezone from R-2 (One and Two-Family Dwelling) to PD (Planned Development), and consider approval of the associated Development Order, for 1.96 acres, located on the east side of W. SR 426 and approximately one-quarter mile north of W. Chapman Road, Lutheran Haven Extended Congregate Care, LLC, received and filed.

Cynthia Sweet, Development Services, addressed the Board to present the request as outlined in the Agenda Memorandum.  Ms. Sweet advised that the Planning and Zoning Commission recommended approval and staff recommends approval of the item. 

Bill Worrell, on behalf of the applicant, addressed the Board to offer assistance in answering any questions they might have.

No one spoke in support or in opposition.

District Commissioner Dallari recommended approval based upon staff’s recommendations.

Motion by Commissioner Horan, seconded by Commissioner Carey, to adopt Ordinance #2014-37, as shown on page ______, enacting a Rezone from R-2 (One and Two-Family Dwelling) to PD (Planned Development), and approve the associated Development Order, as shown on page ______, for 1.96 acres, located on the east side of W. SR 426 and approximately one-quarter mile north of W. Chapman Road, as described in the proof of publication, Lutheran Haven Extended Congregate Care, LLC.

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

Chairman Dallari recessed the meeting at 2:21 p.m. and reconvened at 2:27 p.m.

MAITLAND AVENUE SMALL SCALE LAND USE

AMENDMENT AND REZONE/Marc Stehli

 

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance enacting a Small Scale Land Use Map Amendment from Low Density Residential to Office; adoption of an Ordinance enacting the associated Rezone from R-1AA (Single Family Dwelling) and RP (Residential Professional) to OP (Office); and approval of the associated Development Order for 1.2 acres located on the east side of Maitland Avenue, 1½ miles south of East SR 436, Marc Stehli, received and filed.

Joy Giles, Development Services, addressed the Board to present the request as outlined in the Agenda Memorandum.  She advised that the Planning & Zoning Commission recommended approval and staff recommends approval of the request.

Jon Walls, Miller Legg, representing the applicant, addressed the Board to state his firm concurs with staff’s recommendation and offered to answer any questions.

Rolly Reel, 102 Oakwood Drive, addressed the Board to state he has the adjoining property to the east of the site and questioned what kind of a border would be established between the two properties.  He further inquired what kind of access point will be off of Oakwood Drive. 

Mr. Walls stated that there will be a wall and landscape buffer 15 feet to the east of the site.  He explained that the traffic from this property will be exiting only onto Oakwood, so there will be no increase in traffic to the eastern portion of the existing roadway access. 

Upon inquiry by Chairman Dallari, Ms. Giles stated that this is a private road and each property owner has access so the applicant does have the right to put traffic on this road. 

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt Ordinance #2014-38, as shown on page ______, enacting a Small Scale Land Use Map Amendment from Low Density Residential to Office, adoption of Ordinance #2014-39, as shown on page ______, enacting the associated Rezone from R-1AA (Single Family Dwelling) and RP (Residential Professional) to OP (Office) and approval of the associated Development Order, as shown on page ______, for 1.2 acres located on the east side of Maitland Avenue, 1½ miles south of East SR 436, as described in the proof of publication, Marc Stehli.

Under discussion and upon inquiry by Chairman Dallari, Ms. Giles explained that the concrete wall is not required.  However, the applicant has already submitted for site plan review, and on the site plan, they are proposing a six-foot concrete wall. 

Upon inquiry by Commissioner Carey as to whether vinyl or wood fencing has been added to the Land Development Code, Ms. Guillet stated she believes there are a variety of options for buffering between fencing, landscaping, and walls.  She advised that she can give the Board a summary of what the buffering requirements are and if the Board desires, they can look at revising them. 

Mr. Walls clarified that there will be a masonry wall, as opposed to a fence, as a buffer. 

Commissioner Henley amended the motion to include the masonry wall in the Development Order.  Commissioner Carey agreed to the amendment.

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

 

OAK LANE REZONE/Steven Shea

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance enacting a Rezone from R-1AA (Single Family Dwelling) to OP (Office) and the associated Development Order for 0.39 acres located on the west side of Maitland Avenue, 1 mile south of East SR 436, Steven Shea, received and filed.

     Ms. Giles presented the request as outlined in the Agenda Memorandum.  She advised the Planning & Zoning Commission recommended approval and staff recommends approval of the item.

Andrea Jernigan-Gwinn, representing the applicant, addressed the Board to state she concurs with staff’s recommendation and offered to answer any questions.

Upon inquiry by Commissioner Constantine, Ms. Jernigan-Gwinn advised that two of the three camphor trees are located on Seminole County’s property, so they will not be doing anything to those trees.  The third tree is located next to a neighbor on the west, who has requested when they go through the site plan approval process, they work with them in removing and replacing that tree, which the applicant has agreed to do.

Upon further inquiry by Commissioner Constantine, Ms. Jernigan-Gwinn advised currently there is a wood fence, but they will be using a landscape buffer. 

No one spoke in support or in opposition.

Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt Ordinance #2014-40, as shown on page ______, enacting a Rezone from R-1AA (Single Family Dwelling) to OP (Office) and approve the associated Development Order, as shown on page ______, for 0.39 acres located on the west side of Maitland Avenue, 1 mile south of East SR 436, as described in the proof of publication, Steven Shea. 

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

2014 NON-AD VALOREM ASSESSMENT ROLL

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider approval of a Resolution to adopt the 2014 Non-Ad Valorem Assessment Roll with Certification provided to the Seminole County Tax Collector, Seminole County, received and filed.

     Kathy Moore, MSBU, addressed the Board to present the request as outlined in the Agenda Memorandum.  She advised that the purpose of this request is to provide opportunity for the public to provide input prior to the Board adopting and certifying the Non-Ad Valorem Assessment Roll for Tax Year 2014 for Seminole County.  She explained that the Assessment Roll is the listing of property by property of assessments levied to fund special, specific municipal services that offer a special benefit to properties on a localized basis.  

     Ms. Moore pointed out in unincorporated Seminole County a variety of essential municipal services are offered to the public on the basis of Non-Ad Valorem Assessment funding.  These services include street lighting, residential solid waste management, aquatic weed control, lake management, as well as essential construction such as road paving, metered water service lines, wastewater conveyance, retention pond restoration as well as neighborhood wall reconstruction.  Typically these services are provided in response to the request of property owners. 

     Ms. Moore described how MSBU’s function. 

     Ms. Moore indicated the MSBU’s for which the 2014 assessments are levied were all established previously by ordinances adopted at various public hearings and the assessment rates for the MSBUs were approved by the Board by Resolution on May 13, 2014.  As required by Florida Statute, a notice of the proposed Assessment Roll was mailed on July 15th to the owners of all properties listed on the Assessment Roll. 

     The final assessment roll to be submitted to the Tax Collector for inclusion on the 2014 Tax Roll will include minor updates such as those needed to accommodate residential solid waste service option changes.  The MSBU program will accept changes in collection options through September 1st. 

     Richard Young, 221 Hamlin Drive, addressed the Board to explain why he finds it unacceptable that property owners of five acres or more are exempt from assessments being levied. 

     Ms. Moore stated that the ordinance they have is for residential solid waste only, so the assessments that are being presented today are just for residential properties.  She said residential properties that are five acres or larger in size have the option to be exempted from the curbside collection portion of the assessment; however, they do receive an assessment for the disposal services.  She added that by having that exemption, they are obligated to dispose according to County standards and at County disposal facilities.

     Ms. Moore advised that when there are multiple single-family residences on a property, those are assessed on a per-dwelling basis. 

     Upon inquiry by Commissioner Constantine, Ms. Moore clarified that if it’s a multiple dwelling residential property, they are assessed and there is not an exemption unless a property is five acres or larger. 

     Upon inquiry by Commissioner Carey, Ms. Moore stated that the majority of their exemption categories require an annual application.  She stated that the exemption for curbside collection for agricultural properties that are five acres or more in size is an ongoing exemption unless the property changes.

     Written Public Commentary received by email in response to Non-Ad Valorem Assesment Notice was received and filed.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute appropriate Resolution #2014-R-158, as shown on page ______, adopting the 2014 Non-Ad Valorem Assessment Roll with Certification, as shown on page ______, provided to the Seminole County Tax Collector, as described in the proof of publication.

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

OLD LOCKWOOD ROAD PD REZONE/Chris Dorworth

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for 10.10 acres located on the east side of Old Lockwood Road, approximately 500 feet north of Red Ember Road, more particularly known as 3151 Old Lockwood Road, Oviedo, Chris Dorworth, received and filed.

Mr. Walker presented the request as outlined in the Agenda Memorandum.  He advised that based on the results of a lot-size compatibility analysis, staff recommended a rezone to the larger R-1AAA lot size.  However, the Board felt that development trends in the area had changed over the years, and at the time, the Board approved a rezone from A-1 (Agriculture) to the denser R-1AA. 

Mr. Walker advised that approximately one-third of a mile south of the project site is the site that has been approved for the Ellingsworth subdivision with a Future Land Use of Low Density Residential.  After completing a lot-size compatibility analysis, staff recommended that the property be rezoned from A-1 to R-1AA.  After receiving a commitment from the applicant to build homes with a minimum square footage of 2,000 square feet, excluding garages, the BCC approved a rezone from A-1 to R-1A at that time. 

Mr. Walker stated that one-half mile south of the project is the site that was approved for the Edwards Estates Subdivision.  He advised that staff performed a lot-size compatibility analysis, which showed that R-1AA was the compatible zoning district for the property.  However, analysis of the development in the area supported the finding that the trend in the area is consistent with R-1A zoning and the BCC approved the rezone from A-1 to R-1A. 

Mr. Walker stated that because of the proximity to schools, the High Density Residential Land Use, and a consistent pattern towards more intense development on Old Lockwood Road, staff supports the requested rezone from A-1 to Planned Development.  He noted that the Planning & Zoning Commission voted 5-1 to recommend denial.

Randy Morris, 2438 Via Sienna, addressed the Board to distribute the School Concurrency Application Affidavit; final engineering plan by IBI Group, Inc.; Environmental Assessment Report by Bio-Tech Consulting, Inc.; School Capacity Availability Letter of Determination by Seminole County Public Schools; BCC Minutes dated April 8, 2003 regarding the Hampton Estates development; and a packet of correspondence from concerned citizens (received and filed).  Mr. Morris advised that the available capacity for schools after their project would add 13 students, with a current availability of 278 students at elementary level, 189 at middle school level, and 814 at high school level post their development.

Mr. Morris explained that the packet of correspondence he submitted included the submittals and responses from the County and includes 77 emails, and added that 45 of the 77 emails were from unique households.  He stated of the 45 households, 21 are from Oviedo, 12 are from outside of Seminole County, 7 are unknown, and 6 are from other jurisdictions in Seminole County. 

Mr. Morris stated that he and the applicant made an effort to spend time and listen to the residents before this project was presented to the BCC.  He reviewed a letter (copy received and filed) from a resident, Deborah Schafer.  He stated she has been the guardian of the rural area, urban redevelopment, and trying to hold conservation areas and issues up to the forefront of this Commission for years. 

Mr. Morris advised that per staff’s request, they reached out to the community.  Mr. Classon, the engineer, met for 4.5 hours with the three adjacent property owners; the Somers, the Careys, and the Engwalls.  He stated that at the request of the Engwalls, they came back and met with additional neighbors.  On July 5th they met with approximately 16 people from the neighborhood for 2.5 hours to discuss the various aspects of this issue.

Mr. Morris displayed a PowerPoint presentation (received and filed) and reviewed the Project Description – Stratford Manor, Stratford Manor Home – Standard Features, and Stratford Manor – Location Slides.  He advised that the Oviedo Campus of Seminole State College is their northern neighbor and it originally came through as a PD rather than a governmental institution because they wanted to develop housing on the property.  He discussed the Adjoining Future Land Uses of the surrounding properties.  He advised that the subject property has a Future Land Use of Low-Density Residential and sits within the Urban Services Boundary.  Mr. Morris described the Current Zoning of Adjoining Parcels. 

Mr. Morris reviewed the minutes from the April 8, 2003 BCC Meeting approving a rezone for a property related to the subject property.  He displayed the Rural Boundary Line and indicated where the subject property is on the map. 

Mr. Morris reviewed the Current Site Plan.  He advised that there will be a slight intrusion on the wetlands.  Even though they could have been removed, they kept the wetlands in place to keep the water purity and other issues in place. 

Luke Classon, engineer on behalf of the applicant, addressed the Board to explain that with the landscape buffers and the rear setbacks, the closest any of the existing homes would be to the pool of any of the proposed homes would be 75 feet and just over 110 feet to their actual home.

Mr. Morris continued his presentation and displayed a slide showing what the site would have looked like had they used the R-1A zoning.  He stated it would have been 34 lots and they would have taken out the wetlands.  Mr. Morris reviewed a slide depicting what the site would look like if they were to go to R-1AA, and advised they would have had 25 lots.  He explained that the wetlands would have been completely wiped out. 

Mr. Morris displayed and discussed a chart comparing the Alternative Zoning Options.  He explained that one of the big issues at the Planning & Zoning Commission meeting was the issue of where the water is going on sheet flow and the effects of it.

Mr. Morris reviewed the Probable Elevations of the Homes in the proposed project.  He advised that bringing in high-valued homes raises the value of all residences around the area. 

Mr. Morris discussed the subject of stormwater and wetland maintenance.  He advised that the reason they accelerated their Preliminary Site Plan was because the residents were afraid of a “bait and switch.”  He stated that the applicant submitted final engineering to the BCC and stormwater/wetland plan to the St. John’s River Water Management District.  He added that the applicant paid the expedited review fee, received comments, and has made the requested changes.

Mr. Morris displayed and reviewed a comparison of the Stormwater Runoff, both predevelopment and post development. 

Mr. Classon stated that when dealing with stormwater, there are mainly two concerns with the wet pond system:  volume and the rate of discharge.  He advised that for this project there is the mean annual and the design storm, which is a 25-year event.  They analyzed four different storms just to put people at ease and explain.  Upon inquiry by Mr. Morris, Mr. Classon advised that the staff requirement is the 25-year storm event and the mean annual storm. 

Mr. Classon discussed the mean annual storm, which is the typical worst storm that would occur in a year.  He compared the four different storm scenarios and their impact predevelopment and post development.  He explained the stormwater runoff impact, both predevelopment and post development, as well as the stormwater discharge rate, both predevelopment and post development.  Mr. Classon advised that due to the project’s location in the overlay zone of the Econ River, the treatment volume will be increased by 50 percent.

Upon inquiry by Commissioner Carey, Mr. Classon advised that the treatment volume is included in the calculations he has discussed. 

Mr. Morris continued his presentation and stated that the density they are proposing for this site is on the lower end of the potential density.  He advised that the site is surrounded by institutional/educational uses on two sides, one of which has a Future Land Use of HDR and the other is just under Public Institutional Use.  He stated that the site is surrounded by Low Density Residential Future Land Uses, making future uses of adjoining parcels consistent with this project. 

Mr. Morris advised that the site design does not include any primary wetlands impact and does not disturb the flood map.  He explained that due to the concern that the residents have expressed regarding the flooding and stormwater management, the applicant risked substantial resources to have the Preliminary Site Plan, final engineering, and permitting documents completed, submitted, and reviewed before the hearing so that the neighbors and the Board could have a deeper understanding of the impact of the subdivision on flooding and stormwater prior to the zoning vote. 

Upon inquiry by Commissioner Carey, Mr. Classon advised that the reduction in density was reduced from 3.99 to 3.67 based on them doing the Preliminary Site Plan.

Martie Anderson, 3563 Queensbay Court, addressed the Board to state she is a part of the community-supported agriculture that takes place on the property they are talking about developing.  She expressed her concern for the livelihood of the vendors that sell their produce and other products on the property.  She stated that the residents of Carillon are very unhappy about the development that is occurring. 

Commissioner Carey stated for the record that she is not related to any of the individuals she had ex parte communications with.

Tom Carey, 2212 Red Ember Road, addressed the Board to state he is an owner of Sundew Gardens.  He explained his concerns with the developer who he believes is gaming the system.  He stated he feels that although Mr. Classon came out to walk through the property, they did not have adequate time to prepare for the meeting they had on the July 4th weekend. 

Mr. Carey stated he is not pleased with the plastic screen proposed in the Development Order and would prefer a real wall.  He opined that if this plat passes as a PD, they will be setting a precedent for the rezoning process for the other five-acre parcels all the way down Old Lockwood Road.  He stated that he would be more comfortable with a neighborhood of one-acre homesteads using the current zoning of A-1.

Robin Carey, 2212 Red Ember Road, addressed the Board and displayed a map (received and filed) of the Seminole State College Oviedo Campus Master Plan.  She indicated on the map where there is a conservation easement in which they are not allowed to develop. 

Ms. Carey displayed a second map (received and filed) and described how one side of Old Lockwood Road was developed and one was not.  She discussed the zoning changes and explained why she is in opposition to the development and asked that the PD be denied.  She feels there has been no negotiation and would like to negotiate what happens to the land just north of her.

Mark Engwall, 2224 Red Ember Road, addressed the Board to state that his property borders the east side of the subject property.  Mr. Engwall discussed how the changes in setbacks from the approval of the proposed development would adversely affect the use of their land.  He explained why he believes this property deserves a rural designation on the FLU map and in the Comprehensive Plan.  He does not feel there is a compelling reason to grant a PD designation to this developer and noted there will be no benefits to the community if this subdivision is built.  He urged the Commissioners to do the right thing and deny the request. 

Patricia Somers, 2200 Red Ember Road, displayed aerial photographs (received and filed) and addressed the Board to state why she is in opposition to this development.  She indicated on the photograph the location of her property and the neighboring properties in relation to the subject property.  She expressed her concern that because the proposed development will be raised, it will trap water on the surrounding properties.

Ms. Somers presented a PowerPoint presentation (received and filed) summarizing the issues and stated the developer has submitted a swale as a solution.  She expressed her concern with the swale not being an effective solution.  She feels that the swale does not and cannot address the issues she has listed. 

Gerry Parlato, 2331 Red Ember Road, addressed the Board to state there is a water problem that started when Seminole State College was built.  He feels that Stratford Manor will discharge more water and increase the frequency of the road washouts. 

Mr. Parlato displayed a map (received and filed) indicating areas where the washouts occur most often.  He indicated the houses that will not be able to get in or out until the road is fixed and that fire rescue and police have no access to the houses.  He displayed a photograph (received and filed) of a vehicle stranded due to a washout.

Mr. Parlato displayed several photographs (received and filed) depicting the area as it is and surrounding wildlife.  He stated that the residents of Woodland Estates accept the responsibility and work to be good stewards of the land.  He stated they feel privileged to maintain and live in what he considers an extension of the Econ wilderness area.  He opined that a development like Stratford Manor is unacceptable for this area.

Andrew Somers, 2200 Red Ember Road, addressed the Board to describe the difference between the west and east sides of Old Lockwood Road.  Mr. Somers displayed an aerial photograph (received and filed) and stated most of the area is dominated with wetlands and opined that a dense subdivision simply does not fit into this. 

Avian Carey, 2212 Red Ember Road, addressed the Board to discuss the developer’s claim that the “public good” is the donation of the wetland conservation easement to the County rather than mitigating, dredging, and filling.  He noted these wetlands, along with retention ponds, will serve as an open space requirement in the subdivision and he feels that the developer is “duel using” that idea.

Mr. Carey advised that the stormwater runoff calculations do not take into account additions to Ellingsworth such as pools or other improvement amenities.  He feels these amenities will increase the impervious service area, causing an increase in runoff, and will impact the county as a homeowner will need to apply for variances to install them.  Mr. Carey discussed drainage.

Mr. Carey opined that the PD and the Master Development Plan as presented need to be denied as it does not increase the public good.  He expressed his concern that a right-turn lane is not being looked into while a left-turn lane is. 

Diana Fraser, 2416 Fawn Run, addressed the Board to state she is in opposition of this rezoning.  She opined that this development brings a lot of concern for the future of their country-style living.  She stated that with the continued development of their neighborhood, they are losing a lot of their private lives, the wildlife, and the dirt roads are being washed away.  She expressed her concerns with the impact this development will have on the wells and septic systems of the current residents.

Ms. Frasier displayed a map (received and filed) indicating the area she lives in relation to the Econ River, wetlands, and the proposed development.  She expressed her concern with developing the east side of Old Lockwood Road. 

Ms. Frasier displayed several photographs (received and filed) of the local wildlife.  She requested the Board deny the zoning request.

Carissa Kent, 3795 Old Lockwood Road, addressed the Board to read into the record some of the language from the Master Plan for Seminole State College to address the issues the developer had mentioned regarding the PD.  She expressed her concern with development on the east side of Old Lockwood Road. 

Ms. Kent expressed her pride in the great spaces in the area, adding that 33 percent of Seminole County is protected green space.  She feels that if they set this precedent, they will eventually lose the entire Econ River Basin to development.  She requested the Board vote against this rezone and protect the area.

David Somers, 2200 Red Ember Road, addressed the Board to state that he feels the policies and procedures should be looked at.  He stated he is not asking to stop development, but asking to use the right type of development for this area.  He explained why he believes the proposed area is not compatible with the surrounding area.  He feels that the community has an opportunity to set a precedent for development in the area. 

Maria Bolton-Jonbert, 524 Meridale Avenue, addressed the Board to state she and her husband own a home in Oviedo.  She stated she would like the Board to consider the people that live in the area.  She feels what is being proposed is out of line.  She expressed her concern with the endangered wildlife. 

Ms. Bolton-Jonbert stated she was concerned with the increase in traffic in this area.  She advised that the neighborhood of the home she owns has gone downhill and she does not understand why they need to develop more.  She asked the Board to please reconsider approval of this item. 

Cindy Parlato, 2452 Fawn Run, addressed the Board to state that she thinks the traffic flow Mr. Morris was referring to is on Lockwood Road, not Old Lockwood Road.  She advised that because there is no place for the people attending the sporting events at Hagarty High School to park, there are multiple accidents.  She asked that the Board deny any development on Old Lockwood Road.

No one else spoke in support or in opposition.

Speaker Request Forms and Written Comment Forms were received and filed.

Chairman Dallari recessed the meeting at 3:53 p.m. and reconvened at 4:01 p.m.

Mr. Morris presented his rebuttal to make some corrections and clarifications.  He stated that a developer does not have to have a compelling reason to present a request to develop.  Everyone has an equal right to present a request.  He advised that the applicant has diligently followed the codes.  He explained that the PD is a much more advantageous way for the people’s business to be done than straight zoning.  He stated that had he been involved with the project from the very beginning, he would have gone with straight zoning. 

Mr. Morris advised that Seminole County has been an outstanding protector of the rural boundaries.  He stated that a line was set when the citizens voted on the Charter as to where the rural boundary and urban services boundary would be.  He stated that this area had been determined to be R-1 Future Land Use before the Charter Amendment.  He added that Old Lockwood Road has already been rezoned on the east side in two separate cases, Hampton Estates and Seminole State College. 

Mr. Classon displayed a previous map and indicated where on the Seminole State College property there is seven or eight miles that can be developed.  He advised that there is currently a pond on a portion of that land, but it doesn’t restrict them from filling it in and developing over it in the future.  He added that they have the right to reduce their wetlands area and adjust their conservation. 

Mr. Morris advised that there is nothing in this development prohibiting the surrounding properties from farming.  He opined that developing this area will not hurt the farming community, but it will bring more customers in as the future residents will want to shop from the local farms. 

Mr. Morris advised that the reason development has not occurred in this area before is due to these private dirt roads.  He displayed a previous photo depicting a truck sunk into a private roadway.  He stated this is a private road maintained by the residents.

Mr. Morris advised that regarding the issue of the five-acre lots that was previously mentioned, they have the right to be subdivided.  He stated that on July 3rd and July 5th, the Careys approached Mr. Classon to see if they would be able to be a part of this development.  Regarding the Engwalls’ argument about the setbacks, he stated they are not doing anything different regarding the setbacks in the backyards.  He stated that to date, the applicant has not asked for any variances and added that if someone were to put a pool on their property, it would not require a variance. 

Mr. Classon referred to a previous aerial map that depicts the flow of water moving north.  He clarified that the contours show that the flow goes directly from the west to the east.  Mr. Classon displayed a map (received and filed) indicating the contours of the area.  He advised that they did provide a swale in case there is any off-site flow that comes to the property and coordinated with Duke Energy who signed off on the swale.  He stated Duke agreed on the landscape types with the applicant’s landscape architect as well. 

Upon inquiry by Commissioner Horan, Mr. Classon advised the swale is located within the ten-foot landscape buffer.  He added that they have provided calculations to show that the swale will pick up anything that travels south in terms of the water flow.  He stated there is a seven-foot differential from the west to the east, so the water in the swale will flow naturally rather than sit stagnant. 

Mr. Morris advised that regarding the Econ setback and protection zone, they have no impact on that, but they are under requirements.  He stated their water quality standards are 50 percent higher than they would be in other county areas.  Regarding a turn lane, he advised that the subdivision will have a three-car stacking capacity, which is more than enough for a subdivision that size.  He added that Old Lockwood Road is a low traffic road, and added that he did not mean to imply that Hagarty High School had those trips going onto Old Lockwood Road, but rather meant the impact Hagarty has in general. 

Mr. Morris advised that in terms of the issue of lighting, it is not something staff asked them to address.  He suggested doing shoebox lighting, which will keep the lighting on their property.  

Upon inquiry by Commissioner Constantine, Mr. Classon advised that the buffering and utilities will be included into the swale.  He reviewed the site plan (received and filed) and advised that they provided the swale in the landscape buffer to collect any runoff that comes to the north, if it does.  He added that the landscaping would be on the northern edge of the swale and would meet all Seminole County Code requirements for the landscape buffer. 

Mr. Morris stated that they will be adding a brick wall, as opposed to a fence for the development.  He added that this will be a gated community with roads maintained by the HOA. 

Chairman Dallari advised that he has had several meetings with various residents, including Mr. Morris, and any decision will be based on the testimony and the public hearing.  He submitted a group of emails (received and filed) into the record.

Commissioner Carey advised of her ex parte communications (received and filed) and advised she has not met with anyone but has had phone calls and correspondence with a number of residents. 

Upon inquiry by Commissioner Carey, Mr. Morris advised that although the Development Order calls for 3.99 dwelling units per acre, the maximum will actually be 3.67 and will allow for 26 lots. 

Upon inquiry by Commissioner Carey regarding utilities, Mr. Classon advised that reclaimed water and sewer are coming from Seminole County.  He stated they filled out the conditional utility agreements required by the County and that the agreements were delivered to staff today.  Mr. Morris explained that the utilities information is on the Master Development Plan, which is why they submitted it along with the engineering.  He offered to put additional assurances in the Development Order.  Mr. Classon noted that the Master Development Plan is an attachment to the Development Order.

Commissioner Constantine advised of his ex parte communications and meetings with Robin Carey and the developer. 

Upon inquiry by Commissioner Constantine, Mr. Morris explained that the reasoning for the brick wall as opposed to the vinyl fencing is that in prior instances, subdivisions and HOAs have had issues with the maintenance and appearance of the different variations of buffers and a brick wall seems to be the best fit.  He stated that this is the County standard and they wanted to completely comply with that.  He added that regarding the issue of trees and shrub planting, they will be complying with the County standards.  He advised that landscaping is in the Development Order, which has been submitted with the final engineering plan and reviewed and approved by staff.

Mr. Morris stated that regarding rear setbacks, they try to have the less impermeable sources that you’d have in terms of the runoff and everything else. 

Mr. Classon reviewed a map of the setbacks (received and filed) and indicated the difference in the typical lots and corner lots.  Mr. Morris reviewed the PowerPoint presentation (previously received and filed) and compared the setback dimensions between the three different types of zoning. 

Upon inquiry by Chairman Dallari, Mr. Morris advised that they will be locking themselves into 26 lots with the PD zoning.  He stated he would be willing to change the Development Order to reflect that the project will have 26 lots and 3.66 dwellings per acre.  Mr. Classon advised that the Preliminary Site Plan (PSP) currently reflects 26 lots. 

Upon inquiry by Chairman Dallari, Kathy Hammel, Development Services, addressed the Board to state that regarding the housing of farm animals, the Code states that any structure that houses farm animals has to be 100 feet from any residential home.  Currently the A-1 zoning on the lot configuration is a ten-foot, side-yard setback for any house along that property line.  The applicant’s current setbacks will be 35 feet from the property lines. 

Upon inquiry by Chairman Dallari, Mr. Walker reviewed an email addressing issues from the residents about the surrounding area.  He advised that the Code does not require that a PD be used only in situations where straight zoning cannot be implemented.  Regarding “public good,” he stated that Section 30.441 of the Code states that a PD can be used in situations where it’s enhancing protection of natural resource areas.  He advised that the applicant is protecting more than two acres of wetland and flood area by placing it in a conservation easement.  They are also providing a minimum 25-foot, 50-foot average buffer to that wetland conservation area.  They are also providing 30 percent open space, whereas, this PD only requires 15 percent open space.  Straight zoning for a subdivision does not require open space. 

Mr. Walker stated that the Future Land Use (FLU) is what determines how many homes can be placed on a specific acre, as opposed to the zoning category.  The FLU on this property is Low Density Residential.  The Comprehensive Plan allows four dwellings per net buildable acre.  The applicant is complying with all of the FLU regulations in this PD. 

Mr. Walker advised that a Planned Development may have characteristics in it that are found in other zoning classifications.  He stated that a PD is its own zoning classification.  The setbacks for the PD are proposed during the review process.  They are not stipulated in the Code.  He said part of the reason they do a PD is to allow flexibility within the development.

Mr. Walker displayed, at Commissioner Carey’s request, a map showing the Future Land Use of the area.  Upon inquiry by Commissioner Carey, Mr. Walker advised that any other property owner in that area, which is Low Density Residential, is able to come forward and request four units per acre. 

Upon inquiry by Commissioner Carey, Mr. Blackadar advised that the roads in this area are all private roads. 

Upon inquiry by Commissioner Carey, Tina Williamson, Acting Development Services Director, advised that the subdivision that is in existence in that area is not a platted subdivision and was built under the five-acre development rules prior to the current subdivision regulations in the Land Development Code.  She stated that the five-acre development rules no longer exist in the Land Development Code.

Upon inquiry by Commissioner Carey regarding the stacking issue, Mr. Blackadar advised that the left-turn lane does not meet Department of Transportation standards.  He stated currently there has to be 5,000 trips to require a right-turn lane and this development will be nowhere near that.  Upon further inquiry by Commissioner Carey, Mr. Blackadar advised that regarding the stormwater issue, the development will have to maintain the historic flow.  He advised that the swale would take any water that would have flowed there and run a bypass around the developed property.  He stated the same amount of water that flows there now will flow in the future. 

Upon inquiry by Chairman Dallari regarding a maintenance bond, Mr. Blackadar stated if for some reason within two years the swale is not working anymore, the County can come back and make them repair it before they get their final release for the subdivision. 

Upon inquiry by Commissioner Carey, Mr. Blackadar advised that they had the final site plan review last week and submitted comments Friday morning.  He stated in general, the stormwater calculations are acceptable. 

With regard to school capacity, Commissioner Carey stated that schools locate their facilities wherever the future growth is anticipated based on the County’s Future Land Use maps.  She stated that when the County identified this area as a Future Land Use of LDR, they built schools knowing that someday that would happen.  She stated that she understands the concerns of the residents, but as Commissioners, the issue is compatibility and this development is compatible. 

District Commissioner Dallari stated he is sympathetic to the public outcry.  He pointed out that the current Future Land Use is LDR.  The BCC has to uphold property rights or the County is at risk to be sued.  He advised he has not heard any technical testimony to deny the request.  He stated he finds the applicant’s request is consistent with the Comprehensive Plan and the rights of the property owner and recommends approval. 

Chairman Dallari requested that a density of 3.67, maximum dwelling units of 26, and coordination by the applicant with Duke Energy for the buffer and power easement to be included in the Development Order so there is not a “bait and switch.”

Final Development Plan was received and filed.

Motion by Commissioner Henley, seconded by Commissioner Constantine, to adopt Ordinance #2014-41, as shown on page ______, enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order, as shown on page ______, for 10.10 acres located on the east side of Old Lockwood Road, approximately 500 feet north of Red Ember Road, more particularly known as 3151 Old Lockwood Road, encompassing the commitments made by the Developer in his testimony, as described in the proof of publication, Chris Dorworth.

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

CHAIRMAN’S REPORT

     No report.

COMMUNICATIONS AND/OR REPORTS

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

1.    Letter dated June 23, 2014 from Larisa Perry, Wells Fargo Bank, to Chairman Robert Dallari RE: Wells Fargo’s $50,000 grant to the Florida Literacy Coalition for the new “Florida Financial Literacy Initiative.”

 

2.    Letter dated July 18, 2014 from City of Lake Mary: Mayor David Mealor, Deputy Mayor George F. Duryea, Commissioner Gary L. Brender, Commissioner Thomas C. Greene, Commissioner Jo Ann Lucarelli, and City Manager Jacqueline B. Sova, to Chairman Robert Dallari RE: City of Lake Mary’s position against fully widening to six lanes the entire portion of Lake Mary Boulevard between Rinehart Road and Country Club Road.

 

3.    Copy of letter dated July 24, 2014 from Chairman Robert Dallari to Ray Eubanks, Department of Economic Opportunity (DEO), RE: Transmittal of Adopted Large Scale Future Land Use Map Amendment to the Seminole County Comprehensive Plan-Expedited State Review Process (DEO 14-3ESR).

 

4.    Copy of Memorandum dated July 24, 2014 from Congressman John Mica to Florida Department of Transportation (FDOT) Secretary Ananth Prasad and District 5 Secretary Noranne Downs RE: DMUs to Augment SunRail Service and Mass Transit Connections.

 

5.    Letter dated July 25, 2014 from Marva Johnson, Bright House Networks, to Chairman Robert Dallari RE: Upcoming programming changes to Bright House Networks customers. 

 

6.    Letter with attachment dated July 28, 2014 from Traci Houchin, City of Sanford, to Chairman Robert Dallari RE: Notice of Pubic Hearing regarding Ordinance No. 4322.

 

7.    Letter dated July 29, 2014 from Diana Adams, City of Lake Mary, to Chairman Robert Dallari RE: Notice to abutting property owners for a home occupation of SunTree Services, LLC/Petrea Gebo to conduct a home occupation for a business to include cleaning and maintenance services for commercial and residential in a dwelling unit located at 177 W. Lakeview Avenue, Lake Mary.

 

8.    Letter with attachment dated August 4, 2014 from Brady Lessard, CPH, to Seminole County Board of County Commissioners RE: Invitation to attend a neighborhood meeting to be held at the Orlando Sanford Airport, 1200 Red Cleveland Boulevard, Sanford, on Wednesday, August 13, 2014 to discuss The Seminole County Sports Complex.

 

9.  Letter dated August 6, 2014 from Walt Griffin, Seminole County School Superintendent, to Chairman Robert Dallari RE: Requesting the County’s assistance in covering the cost of Tax Collection fees on the voter-approved One-Mill Property Tax.

 

DISTRICT COMMISSIONERS/COMMITTEE REPORTS

     Commissioner Carey referred to FDOT’s public hearing at the Markham Woods HOA meeting, which was to discuss access to the toll facility at E.E. Williamson.  She stated she received a letter stating that it has been determined that the ramps will not be warranted and they will not be installed. 

     Commissioner Horan gave an update on the transition to Managed Care on the Medicaid Transportation-Disabled trips.  He stated they are in the first week of that transition and there will be a TDLCB (Transportation Disadvantaged Local Coordinating Board) meeting next week for an update on how the transition is going.  He attended the annual meeting of the Transportation Disabled Commission in Orlando and heard testimony from several of the vendors operating under Managed Care in other districts. 

     Commissioner Carey stated Medicaid Managed Care took effect on August 1st in Seminole County. 

     Chairman Dallari stated he spoke with the Executive Director of MetroPlan to come up with a temporary fix.

COUNTY MANAGER’S REPORT

     No report.

COUNTY ATTORNEY’S REPORT

     No report.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:01 p.m., this same date.

 

 

 

ATTEST:______________________Clerk_____________________Chairman

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