The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m. on Tuesday, January 11, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Pastor George Sledd, Jordan Baptist Church, Sanford, gave the Invocation.

County Manager Kevin Grace led the Pledge of Allegiance.

Chairman Henley thanked Mr. Grace for the new Seminole County logo on the wall and complimented him on the good job of improving the meeting agenda. He asked the Commissioners to feel free to pass on to the County Manager any suggestions they have to further improve the agenda.

(1) Representatives of the Scottish Highland Days led a processional into the meeting.

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

Commissioner Morris presented the Resolution to Chief Crawford, who expressed his appreciation to the Board and invited them to attend the activities this weekend.

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

Chairman Henley advised that Item #28 has been withdrawn from the Agenda, and a correction to District 4 was made for Item #33.

Fiscal Services Director, Cindy Hall, addressed the Board to answer questions by Commissioner Maloy regarding Item #15, BCR #00/39, $20,343, request to adjust transfer to the 17-92 CRA for final property valuation.

Bob Briggs, Environmental Services, addressed the Board to answer questions by Chairman Henley regarding Item #13, BCR #00/37, $5,000, request for three slot scanners.

Chairman Henley commended staff for their work and cost savings for Item #16, FC-194-99, McCulloch Road 20" Forcemain Construction Project.

Bob Adolphe and Hugh Sipes addressed the Board. Mr. Adolphe thanked the Board for the recognition and explained how staff handled the project to bring the total price to $770,000 compared to the $1.3 million original price.

Commissioner Morris expressed his complements on what staff accomplished, noting this was a dramatic savings.

Upon inquiry by Commissioner McLain, Mr. Grace advised Item #28 was withdrawn due to some language changes the other party wanted in the agreement. He said he just found out about it yesterday.

Commissioner Morris inquired about Item #21, RFP-451-98, Services related to coordination and acquisition of properties for Seminole County's Natural Lands, Trails, Greenways and Community Development programs. He said he would vote for the renewal, but he takes issue with it because the Board ranked these properties and he thinks staff has not moved expeditiously in closing these properties. If they had done so, they would have already spent the money. He said $200,000 is a lot of money for just this one-year contract.

Mr. Grace advised Commissioner Morris that the Natural Lands properties will come before the Board during the first week in February.

Colleen Rotella, Comprehensive Planning Manager, addressed the Board to state the renewal is to make sure the projects are continued and completed.

County Attorney Robert McMillan addressed the Board to state the $200,000 amount comes from Purchasing and does not appear on the contract. He said the contract is based on an hourly fee, and Purchasing has estimated that $200,000 is what might be spent on the contract over the next year.

Ms. Rotella stated all the owners of properties staff have been working on have been notified that January is the drop-dead date.

Commissioner Van Der Weide stated property is going one way and that is up. It will cost the taxpayers additional money and they won't be able to purchase all the property they thought they could because they won't have enough money.

Ms. Rotella said the program will come to the Board in February, and staff will be presenting an option to the Board that is significantly lower.

Commissioner Morris requested this item be pulled from the agenda with staff to bring it back after the presentation by staff in February to see what work the Board is authorizing.

Commissioner McLain stated he thinks the Board has to assume some responsibility for the program not being completed. He remembers the Board drug their feet sometimes on doing some things, and there was concern about managing these properties and some debate on managing the money.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve and authorize the following (with Items #21 and #28 withdrawn):

Suzy Goldman, Director, addressed the Board to request approval and authorization for Chairman to execute the Museum of Seminole County History Gift Store Lease Agreement, as presented; or approval and authorization for Chairman to execute the Museum of Seminole County History Gift Store Lease Agreement eliminating Section 12 "Insurance" of the Agreement. She introduced Douglas Stenstrom of the Historical Society.

Chairman Henley stated he is not in favor of eliminating the insurance but is in favor of eliminating the cost to the Society volunteers because all the funds have to go back to the museum.

Commissioner Van Der Weide stated that it seems natural, with the County being the owner, for that to be the cost of doing business for the taxpayers. He concurred with the Chairman that he doesn't think the County should force the Society to pay for the insurance.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to waive the insurance requirement and approve and authorize Chairman to execute the Museum of Seminole County History Gift Store Lease Agreement, as shown on page __________, eliminating Section 12 "Insurance" of the Agreement.

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

Linda Eiland, Insurance Officer, addressed the Board to state the insurance requirement is for the protection of the Historical Society members and for patrons who come in and may sue the Society. She advised the Board that the County's coverage would not cover the Society.

Matt West, Planner, addressed the Board to present request for approval of Planned Commercial District final site plan for Staples at Oviedo Cross Roads proposed at the southwest corner of SR 426 and Red Bug Lake Road, Mike Jaroch, Bentley Architects & Engineers, Inc.

Commissioner Maloy discussed with Mr. West the guardrail at this location and said he did not recall that coming before the Board.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the Planned Commercial District final site plan for Staples at Oviedo Cross Roads proposed at the southwest corner of SR 426 and Red Bug Lake Road, Mike Jaroch, Bentley Architects & Engineers, Inc.

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

Mr. McCollum stated staff reviewed three basic areas and tried to find what was the most cost-effective and looked the best from an engineering viewpoint. He said the most cost-effective was the site on natural lands. He said this is not precedent-setting as natural lands have been used before.

Commissioner McLain stated his concern is that if Option 1 is approved, the Natural Lands Program will be treated like any other property owner and get the best value for the money so it can be reinvested in the Natural Lands Program.

Commissioner Morris stated the issue of purchasing natural lands was to take them off the development stream. He said he thinks Option 2 should be pursued, because Option 1 is the people stealing from the people. He said natural lands were used before on a minor ditch project, but this is a major project. If natural lands are not good enough for developers to use, it's not good enough for the County as developers.

Upon inquiry by Commissioner McLain, Frances Chandler, Planning and Development Director, addressed the Board to state there is a management plan for this natural land property. Ms. Rotella answered that it is possible to make the land more available to the public, but staff had not evaluated that.

Commissioner Van Der Weide said he doesn't want to see government do something with natural lands that the private sector can't do. This could be precedent-setting with government having a distinct advantage.

Commissioner Maloy stated with Option 2, Old Lockwood Road would have to be elevated three to four feet. Also, they would be looking at a delay of the project. He said for each option, there is some engineering impact, and the Board should keep that in mind. Further, he said they don't know how the delay would affect Seminole Community College. He said it sounds like there is a need for additional information on this project.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve Pond 2.

Under discussion, Commissioner Maloy stated he would vote no as he would like more information on this.

Mr. McCollum stated he would not have a problem with a two-week delay.

Commissioner McLain amended his motion to delay consideration of this item and to eliminate Pond 1 from consideration of the project.

Commissioner Morris discussed with Mr. McCollum what the delay would be to the project if the Board altered the options. Commissioner Maloy stated he was curious about what SCC would have to say.

Commissioner Van Der Weide suggested if staff is going to bring this back to the Board, then all three options should be brought back.

Chairman Henley said he thinks Commissioner Maloy is right that the Board needs to know what impact this is going to be for SCC, however, if it is not urgent, he sees no reason to not bring the item back.

Commissioner Morris strongly urged the Board to stay true to the Natural Lands Program and not start developing natural lands. Commissioner McLain concurred.

Commissioner McLain withdrew his motion to approve Pond 2.

Under discussion, Commissioner Morris stated he withdrew his second to the primary motion to approve Pond 2. He seconded the motion to eliminate Pond 1 from consideration.

Commissioner McLain said he disputes the right-of-way cost on Pond 1 and thinks it is going to cost a lot more than that. Discussion continued among the Board on precedent-setting and what will be accomplished during the two-week delay.

Chairman Henley asked Mr. McCollum if it was possible for him to make preliminary contacts with other owners to get some idea of whether they would be willing to negotiate or not. The Chairman said he has not made up his mind that he wants to take Pond 1 off for consideration.

Commissioner Maloy stated he heard that, perhaps Mr. McCollum was incorrect that Sites 2 and 3 would impact the wetlands. He said he couldn't see from what is before the Board what is the best location. He said he needs better justification and some good arguments to put the pond across the street.

Commissioner Morris remarked that the Board should not be violating natural lands.

Districts 2 and 5 voted AYE.

Commissioners Maloy, Van Der Weide, and Henley voted NAY, whereupon the motion failed for the lack of a majority vote.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue for two weeks the request for Board direction pertaining to the location of a retention basin on the Econ River Wilderness Area property, with staff to provide information requested by the Board.

Districts 1, 3, and 4 voted AYE.

Commissioners Morris and McLain voted NAY.

-------

Chairman Henley recessed the meeting at 10:50 a.m. and reconvened at 11:05 a.m. with all Commissioners and other Officials in attendance.

Commissioner Morris stated what concerns him is the commercial accounts are being inspected, but the language says all the accounts are to be inspected, including residential. The County is doing a limited application. He knows there is an associated cost to this. In the case of residential developments, he doesn't know if that is something the Board wants to do. The majority of the jurisdictions are not in compliance.

Mr. Paster stated that basically, the cities are doing what the County is doing with limited sites. They are looking at sites they consider to be a potential for contamination.

Commissioner Morris suggested if someone comes in with a site plan change or expansion of a business or house, then the County can require them to put in a backflow preventative. Mr. Paster said his department doesn't believe they can compromise at all. Discussion ensued. Mr. Paster stated he is not sure how the Department of Environmental Protection (DEP) would look at that. He said DEP is expecting the County to provide for this retrofit, and is asking the County to document what they are doing.

Chairman Henley stated he doesn't see that the Board would be in conflict with DEP with what Commissioner Morris suggested, and he sees his suggestion as a step up.

Commissioner Morris stated this program is not being implemented very well by anybody, and he thinks it is a fair thing when someone makes a change that he must comply with all the codes. That way, the County is not going out and charging anybody.

Mr. Paster advised Chairman Henley that it would take several years to gain compliance. Chairman Henley noted that with Commissioner Morris' suggestion, people would be coming to the County so no additional personnel would be needed. Whereupon, Mr. Paster said that would be a change in the ordinance.

Commissioner Morris stated another alternative is to set up a separate fund for the 1800 commercial accounts so the people can make an application and get the money to make the changes, or the utilities could make an application for a credit on the utility bill.

Ms. Coto stated she wants to make sure the Board understands if the ordinance is readvertised with the modifications suggested, if DEP does not approve the ordinance change, the County will not be able to have any reclaimed water in the Northwest Service Area without having to come back to the Board and asking for another change to the ordinance. She stated staff used the AWWA (American Water Works Association) model ordinance, which is what all the other cities have utilized. She said DEP seems to be focusing their attention on how the County is actually doing inspections and what the County is doing to insure compliance.

Chairman Henley said he thinks they need to revisit some of these ideas to improve the program.

Mr. Grace stated it might be appropriate to take some of this input and bring this back at a later date.

Commissioner Morris suggested the other thing to look at is a pool fund for those not in compliance. He suggested the County continue with the current program in place but restrict enforcement provisions until such time as the Board gets a report back.

Mr. Grace stated he doesn't know what the impact will be with DEP if the County is not doing anything.

Bob Adolphe, Utility Director, stated DEP has said the ordinance is fine and now they want to see the program of inspection under the current ordinance. He said DEP wants to see the results; and they are holding up allowing the County to use reclaimed water until the County satisfies DEP that the County is doing the inspections called for in the ordinance.

Commissioner Morris said he thinks it is time to get the Legislative Delegation involved with DEP.

Mr. Grace stated he understands the direction for staff is to sit down and get some solutions on the issues that have been raised, particularly on the impact and who should pay for the impact of compliance, and bring this back to the Board.

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

The Board, thereupon, recessed at 11:32 a.m., reconvening at 1:32 p.m., with all Commissioners and Officials, with the exception of Deputy Clerk, Carylon Cohen, who was replaced by Deputy Clerk, Sandy McCann, who were present at the Opening Session.

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

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

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development); approve revision to the Carillon PUD Final Master Plan and Developer's Commitment Agreement; for property described as located on the northeast corner of McCulloch Road and Lockwood Boulevard, Aaron Gorovitz, received and filed.

Chairman Henley announced that this item cannot be heard at this time because the applicant failed to post the property.

Current Planning Manager, John Dwyer, addressed the Board to state the applicant failed to post the required placard on the property and is requesting a continuance until January 25, 2000 at 1:30 p.m. Mr. Dwyer distributed copies of correspondence (received & filed) from Michael Proctor (resident of Carillon) requesting this item be continued until May so that the homeowners can vote on the request.

Commissioner Morris stated the correspondence indicates that there is some confusion as to whether or not the community is in support of the request.

Aaron Gorovitz, representing the applicant, addressed the Board to advise this site has been zoned commercial for a long time. He said after several meetings with the homeowners, a special exception was granted for gas pumps for a Texaco station. Since that time, Texaco pulled out of the project and Chevron wants to build. A new site plan was presented at the annual homeowners association meeting and there was a large debate. However, approval was given under certain guidelines. He said Mr. Proctor's letters have come from out of the blue. He said the homeowners association was also surprised and miffed about the letters. He added that he will make himself available to meet with Mr. Proctor in order to address his concerns. He asked that this item be continued until January 25 and no later because the purchase agreement on the property expires on January 26, 2000.

Attorney Helena Malchow, representing the Carillon Homeowners Association, addressed the Board to advise over the past two years, this matter has been discussed at length with the community. She said the Board of Directors has taken a serious and aggressive position to make sure that the entrance to the community was kept. She also said that she has met on a number of occasions with the developer who has made concessions. She added that this has been discussed at the association's meetings which have been open to the membership; and they are slightly taken aback by this correspondence.

Upon inquiry by Commissioner McLain, Mr. Dwyer advised this is back before the Board because the site plan approval and Special Exception lapsed. He further advised that rather than go through the Special Exception process, they are coming in for an amendment to the PUD.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris to continue until January 25, 2000, at 1:30 p.m., or as soon thereafter as possible, consideration of request to rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development); and to approve revision to the Carillon PUD Final Master Plan and Developer's Commitment Agreement; for property described as located on the northeast corner of McCulloch Road and Lockwood Boulevard, as described in the proof of publication, Aaron Gorovitz.

District Commissioner Maloy stated he is always glad when a developer can work out an agreement with a homeowners association. He said he believes a continuance until January 25 is adequate time to resolve any further issues.

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

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development); approve final PCD Master Plan and addendum to the Developer's Commitment Agreement; for property located south of SR 46-A, on the east side of Casa Verde Boulevard, near the southern property line of Tract B of the Chase Groves PUD, Kimley-Horn Associates, received and filed.

Mr. Dwyer advised the applicant is requesting an amendment to the Chase Groves PUD Final Master Plan and Developer's Commitment Agreement to allow the use of one additional full access point from Tract B onto the east side of Casa Verde Boulevard. The access point will facilitate the proposed Kash n' Karry retail shopping center located at the northeast corner of SR 46-A and Casa Verde Boulevard. The nature of the request requires the applicant to proceed through the rezoning process to amend the previously approved PUD Final Master Plan and Developer's Commitment Agreement.

Mr. Dwyer advised staff has reviewed the request and has no objections to the additional access point, subject to the following: (1) Low impact wall lighting along the rear of the building adjacent to the residential area to the south - no freestanding lighting; (2) Relocate the dumpster area from the south of the building so as to lessen the impact of noise and odor to the residences to the south; (3) Provide reasonable operating hours for business activity at the rear of the building adjacent to the residences to the south; (4) Compliance with active/passive buffer requirements along the south perimeter of Tract B; and (5) Review possible closure modification of median on Casa Verde Blvd.

Mr. Dwyer stated he has received a petition from Caroline Crisley with 16 names in opposition to the Kash n' Karry store. He said he has also received e-mail (copy not received & filed) from Jim Bedcoe expressing concerns. He reviewed Mr. Bedcoe's concerns and responded to each.

Commissioner Morris expressed his concern with the additional access on Casa Verde and the close proximity to the residences.

Upon inquiry by Commissioner Morris, Mr. Dwyer advised there is no County requirement for this access; however, he said the Traffic Engineer has no objections to it. He said the applicant has committed to fund signalization at both the main access points when warranted.

Commissioner Morris questioned why there is so much parking provided in the rear of the building. Whereupon, Mr. Dwyer stated he assumes it is for employee parking.

Mr. Dwyer advised staff has no objection to the request subject to staff comments.

Jay Jackson, Kimley-Horn & Associates, representing the developer, addressed the Board to state they don't have a problem with switching the location of the wall and landscaping; but the maintenance would be on the homeowners' side if they did. He advised they are expecting to begin construction in April, 2000. He explained that they are requesting the extra access for circulation of delivery trucks at the rear of the building.

Upon inquiry by Commissioner Morris, Mr. Jackson advised that they can not move the building to the east because that is where their retention pond is located.

Commissioner Morris stated he is not happy with the design layout and does not feel it will have good traffic circulation. He suggested moving the retention and shifting the project to the east. Discussion ensued.

Richard Collier, developer, addressed the Board to advise Kash n' Karry requires more parking than the Seminole County Code. He discussed with the Board the additional access.

Commissioner Morris stated it looks like the project is being "shoe-horned" on the property.

Commissioner Van Der Weide suggested reducing the size of the two outparcels and installing the retention pond there, and then shifting the project to the east so that the additional access would not be needed. He said he does not see how delivery trucks can maneuver the way the plan is designed.

Tim Nicholson, 802 Delfino Place, representing the Chase Groves Homeowners' Association, addressed the Board to state they support the Kash n' Karry, but are concerned with the additional access and the rear parking. He also expressed concern about the need for a traffic light, as it is hard to turn out of the street now.

Barbara Chernesky, 2615 Alena Place, addressed the Board to speak in opposition to the Kash n' Karry, stating she believes it is too big. She stated there is empty commercial property in the area on Airport Boulevard and SR 46-A, and she does not understand why this has to be built in front of their housing development. She expressed concern about the traffic and stated this would bring more traffic to the area.

No one else spoke in support or in opposition.

Commissioner Morris explained that the property was zoned commercial in 1988 and the developer has a right to put a commercial project in as long as it meets Code.

District Commissioner McLain questioned if the developer has any objections to not having pay phones outside the facility. Whereupon, Mr. Collier stated he does not have a problem with keeping the pay phone inside the building.

Upon inquiry by Commissioner McLain, Mr. Collier advised if the situation warrants, they will have outside security for the project.

Commissioner McLain stated he would like to have the hours for the liquor store the same hours that the Walgreen has on Red Bug Lake Road. He also stated that he agrees with Commissioners Morris and Van Der Weide with regard to the traffic circulation and would like to see the design altered so that trucks can drive around the west side of the building and back to the delivery bay. He said he does not have a problem with the square footage, but does have a problem with the second entrance. He also suggested shifting the project to the east.

Motion by Commissioner McLain, seconded by Commissioner Morris to deny ordinance to rezone property from PUD (Planned Unit Development) to PUD (Planned Unit Development); and to deny the final PCD Master Plan and addendum to the Developer's Commitment Agreement; for property located south of SR 46-A, on the east side of Casa Verde Boulevard, near the southern property line of Tract B of the Chase Groves PUD, Kimley-Horn Associates.

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

Chairman Henley advised that Commissioner Maloy has agreed to serve on the Student Housing Task Force.

--------

Chairman Henley advised of needed appointments to the Animal Control Board.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Bill Shaffer (representing Sheriff's Office), Dr. Joseph T. Vaughn III (Vet.) and Jeff Cashatt (Humane Society) to the Animal Control Board.

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

-------

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Richard Colegrove to the Law Library.

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

-------

Motion by Commissioner Morris, seconded by Commissioner McLain to appoint Brenda Carey and Brindley Pieters to the Orlando Urban Area Transportation Study Citizens Advisory Committee.

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

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

1. Memorandum dated 12/7/99 to Sandy McCann, BCC Recording Secretary from Kathryn Brown, Senior Planner-One Stop Permitting re: Submissions into Co. Records. (cc: BCC, Co. Manager, Environmental Services Director)
2. Copy of letter dated 12/15/99 to Antoine Khoury, Minor Projects Manager from Leslie Fairall, Sweetwater Oaks Community Association Manager re: Wekiva Springs Road project. (cc: BCC, Inwood Consulting, Co. Engineer)
3. Copy of memorandum dated 12/15/99 to Florida Co. Commissioners from Tom McGurk, Secretary-Dept. of Management Services. (cc: BCC, Co. Emergency Managers, Co. Administrators)
4. Copy of letter dated 12/13/99 to Eugene Williford, City Manager-Oviedo from Kevin Grace, Co. Manager re: Winter Miles property. (cc: BCC, Deputy Co. Manager, Library & Leisure Services Director)
5. Notice of public hearing-City of Lake Mary 1/6/00.
6. Copy of letter dated 12/13/99 to Constitutional Officers & Department Directors from Jamie Croteau, Administrative Services Director re: Preparations for Y2K Contingency Plan. (cc: Y2K Coordinator, Emergency Management Manager, BCC)
7. Letter dated 12/14/99 to Chairman from Sally Mann, Deputy Director-Department of Environmental Protection re: Proposed Compliance Agreement in the East Lake Sylvan Transition Area. (cc: BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Planning & Development Director, Charles Gauthier, Deborah Shelley)
8. Letter dated 12/14/99 to Kevin Grace, Co. Manager (with attached annexation ordinance) from Janet Dougherty, City Clerk-City of Sanford re: Ordinance #3504. (cc: Current Planning, Property Appraiser)
9. Copy of letter dated 12/13/99 to Charles Gauthier, Fla. Dept. of Community Affairs from Frances Chandler, Planning & Development Director re: CFG/Wekiva/RPA Settlement Agreement. (cc: Sally Mann, Deputy Director-DEP, Marlane Castellanos-DEP, BCC, Co. Manager)
10. Letter dated 12/13/99 to Chairman from Terrell Arline, Legal Director-1000 Friends of Florida re: Proposed Plan Amendments for the Wekiva River Protection Area. (cc: BCC, Co. Manager, Deputy Co. Manager, Comprehensive Planning, Co. Attorney, Shaw Stiller-Esquire)
11. Facsimile dated 12/14/99 to BCC (with attachments) from Susan Eberle re: West Palm Valley townhouse project.
12. Memorandum dated 12/2/99 to Chairman (with attached report) from Sheriff Eslinger re: Annual Jail inspection. (cc: BCC)
13. Facsimile dated 12/14/99 to Chairman from Elias Chotas, Dean Mead Egerton Bloodworth Capquand & Bozarth re: Comprehensive Plan Amendment 99F-ADM 13. (cc: BCC, Comprehensive Planning, Current Planning)
14. Facsimile from Edward & Cheryl Priest re: Opposition to Hattaway rezone. (cc: BCC, Comprehensive Planning, Current Planning)
15. Facsimile dated 12/14/99 to Chairman from Kevin Thoni re: Opposition to Hillview rezone. (cc: BCC, Comprehensive Planning, Current Planning)
16. E-mail dated 12/13/99 to Chairman from Kenneth & Jean Moore re: Opposition to Hillview rezone. (cc: BCC, Comprehensive Planning, Current Planning)
17. Memorandum dated 12/14/99 to BCC (with attached summary packages) from Jerry McCollum, Co. Engineer re: FDOT tentative work program FY 2001-2004/05.
18. Copy of memorandum dated 12/15/99 to Cindy Hall, Fiscal Services Director (with attached Final Certification of Taxable Value) from Bill Suber, Property Appraiser re: Final certification of taxable value-1999. (cc: BCC, Co. Manager, Deputy Co. Manager)
19. Copy of memorandum dated 12/15/99 to Cindy Hall, Fiscal Services Director (with attached Final Certification of Taxable Value) from Bill Suber, Property Appraiser re: Final Certification of taxable value-Fire District. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Safety Director)
20. Copy of memorandum dated 12/15/99 to Cindy Hall, Fiscal Services Director (with attached Final Certification of Taxable Value) from Bill Suber, Property Appraiser re: Final Certification of taxable value-Stormwater. (cc: BCC, Co. Manager, Deputy Co. Manager)
21. Copy of memorandum dated 12/15/99 to Cindy Hall, Fiscal Services Director (with attached Final Certification of Taxable Value) from Bill Suber, Property Appraiser re: Final Certification of taxable value-Road Improvement District. (cc: BCC, Co. Manager, Deputy Co. Manager)
22. Letter dated 12/13/99 to Chairman from Fran Mainella, Director-Division of Recreation & Parks re: Florida's State Park system. (cc: BCC. Co. Manager, Deputy Co. Manager)
23. Memorandum dated 12/13/99 to Chairman from Terry Goembel, Administrative Director-Property Appraiser re: Final Increment Value-17/92 Community Redevelopment District. (cc: BCC, Co. Manager, Deputy Co. Manager)
24. Copy of memorandum dated 12/13/99 to Dudley Bates, Mayor-City of Altamonte Springs from Terry Goembel, Administrative Director-Property Appraiser re: Final Increment Value-Altamonte Springs Redevelopment District. (cc: City Manager, City Finance Director, City CRA Director, BCC, Fiscal Services Director)
25. Copy of memorandum dated 12/13/99 to Bruce Pronovost, Mayor-City of Casselberry from Terry Goembel, Administrative Director-Property Appraiser re: Final Increment Value-Casselberry Redevelopment District. (cc: City Manager, City Finance Director, City Clerk, BCC, Fiscal Services Director)
26. Copy of memorandum dated 12/13/99 to Bruce Pronovost, Mayor-City of Casselberry from Terry Goembel, Administrative Director-Property Appraiser re: Final Increment Value-Casselberry 17/92 Redevelopment District. (cc: City Manager, City Finance Director, City Clerk, BCC, Fiscal Services Director, Capital Programs Analyst)
27. Copy of memorandum dated 12/13/99 to David Mealor, Mayor-City of Lake Mary from Terry Goembel, Administrative Director-Property Appraiser re: Final Increment Value-Lake Mary 17/92 Redevelopment District. (cc: City Manager, City Clerk, BCC, Fiscal Services Director, Capital Programs Analyst)
28. Copy of memorandum dated 12/13/99 to Larry Dale, Mayor-City of Sanford from Terry Goembel, Administrative Director-Property Appraiser re: Final Increment Value-Seminole Towne Center Redevelopment District. (cc: City Manager, City Finance Director, BCC, Fiscal Services Director)
29. Copy of memorandum dated 12/13/99 to Larry Dale, Mayor-City of Sanford from Terry Goembel, Administrative Director-Property Appraiser re: Final Increment Value-Sanford Downtown Waterfront Redevelopment District. (cc: City Manager, City Finance Director, BCC, Fiscal Services Director)
30. Copy of memorandum dated 12/13/99 to Larry Dale, Mayor-City of Sanford from Terry Goembel, Administrative Director-Property Appraiser re: Final Increment Value-Sanford 17/92 Redevelopment District. (cc: City Manager, City Finance Director, BCC, Fiscal Services Director, Capital Programs Analyst)
31. Copy of memorandum dated 12/13/99 to Paul Partyka, Mayor-City of Winter Springs from Terry Goembel, Administrative Director-Property Appraiser re: Final Increment Value-Winter Springs 17/92 Redevelopment District. (cc: City Manager, City Finance Director, Interim City Clerk, BCC, Fiscal Services Director, Capital Programs Analyst)
32. Memorandum dated 12/10/99 to attached distribution list (with attachments) from Robert McMillan, Co. Attorney re: Supplement 10-Seminole County Administrative Code.
33. Copy of memorandum dated 11/9/99 to David Grovdahl, Executive Director-Metroplan (with attached listing) from Eric Hill, Metroplan re: Fast Track Proposals. (cc: BCC, Co. Manager)
34. Facsimile dated 12/13/99 to BCC from Robert & Shirley Waggoner re: Opposition to Hillview rezone. (cc: Comprehensive Planning, Current Planning)
35. Facsimile dated 12/13/99 to Chairman from Patricia Trenski re: Opposition to Hillview rezone. (cc: BCC, Comprehensive Planning, Current Planning)
36. E-mail dated 12/14/99 to Chairman from Rita Fuston re: Keep Chuluota Rural. (cc: BCC, Comprehensive Planning, Current Planning)
37. E-mail dated 12/13/99 to Chairman from Mary Ann Naes re: Land Use Plan for Hillview Drive. (cc: BCC, Comprehensive Planning, Current Planning)
38. Contracts for services, as shown on page ________, between Parks and Recreation and the following: Meagan McGratty (instruct tennis), Yamill Delvalle (scorekeeper softball), Robert LeLierre (scorekeeper softball)
39. Copy of letter dated 12/13/99 to Wayne & Paula Forgerg from Ken Roberts, Public Safety Director re: Appreciation for donation.
40. Memorandum dated 12/20/99 to BCC (with attachment) from Frances Chandler, Planning & Development Director re: Seminole Co. Trails Fact Sheet. (cc: Co. Manager)
41. Letter dated 12/24/99 to BCC from Robert Ray re: Speed bumps. (cc: Traffic Engineering)
42. Copy of memorandum dated 12/23/99 to Sandy McCann, Recording Secretary from Kathryn Brown, Senior Planner-One Stop Permitting re: Submissions into Co. Records. (cc: Co. Manager, BCC, Environmental Services Director)
43. Copy of letter dated 12/17/99 to George Powell (with attachment) from Bill Spivey, City Planner-City of Lake Mary re: Rezoning Ordinance. (cc: Abutting Property Owners, Current Planning)
44. Copy of letter dated 12/24/99 to David Manuchia, President-Pebbles Worldwide, Inc. from Mary Cragar, President and Frank Shelton, President Elect-Markham Woods Association re: Intersection of Markham Woods Road and SR 434. (cc: John Munfield-Keyes Asset Management Inc., BCC, Engineering, Co. Manager)
45. E-mail dated 12/20/99 to Kevin Grace, Co. Manager from John Rudnick re: County Web Site. (cc: BCC, Library Services)
46. E-mail dated 12/21/99 to BCC from Michele Brindle re: Median Improvements. (cc: Co. Manager, Deputy Co. Manager, Public Works)
47. Memorandum dated 12/21/99 to BCC from Cindy Hall, Fiscal Services Director re: BCR's approved. (cc: Co. Manager)
48. Letter dated 12/21/99 to Ray Eubanks, Fla. Department of Community Affairs from Chairman re: Transmittal of Adopted 1999 Fall Large Scale Comprehensive Plan Amendments. (cc: as listed)
49. Letter dated 12/14/99 to Charles Gauthier, Bureau of Local Planning Chief-Department of Community Affairs (with attachments) from Chairman re: Objections recommendations & comments report of large scale plan amendment. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Deputy Co. Attorney, ECFRPC, BCC Records)
50. Copy of letter dated 12/20/99 to Wendy Andary (with attached letter dated 10/26/99 from Mrs. Andary to Chairman) from Kevin Grace, Co. Manager re: Pet overpopulation. (cc: BCC, Public Safety Director, Animal Control Manager)
51. E-mail dated 12/22/99 to BCC from Tom & Mal Chisholm re: Winter Miles property. (cc: Comprehensive Planning)
52. Notice of rezoning Public Hearing-City of Sanford on 1/6/00.
53. Notice of conditional use (4251 Orlando Drive) Public Hearing-City of Sanford on 1/6/00.
54. Notice of conditional use (2215 Oregon Ave.) Public Hearing-City of Sanford on 1/6/00.
55. Notice of change of land use (799 W. Lake Mary Blvd) Public Hearing-City of Sanford, 1/6/00.
56. Letter dated 12/10/99 to Chairman from Sheriff re: Rescinding Emergency Ordinance 99-49. (cc: BCC, Co Manager, Co. Attorney)
57. Letter dated 12/15/99 to Chairman from Earl Peterson, Director-Division of Forestry re: Wildfire Protection. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Safety, Larry Wood-Chief Bureau of Forest Protection)
58. Letter dated 12/17/99 to Chairman (with attached correspondence) from Bob Cambric, Growth Management Administrator-Department of Community Affairs re: Comprehensive Plan Amendment DCA No. 99-CIE. (cc: BCC, Co. Manager, Co. Attorney, Planning & Development Director, ECFRPC Executive Director)
59. Letter dated 12/15/99 to BCC (with attached correspondence to Comm. McLain) from Philip Emmer, Chairman-Emmer Development Corp re: Rezoning Petition.
60. Copy of letters from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: John Leyczek, Daryl Candelaria, John Burton & Audrey Willard, Norman Cote, Sr., Resident at 1002 Foggy Brook Place, Adam Pollack, Debbie Kleinberg, Arthur Whitehall, Kathy Vugrincic, Alvin Cohen.
61. Letter dated 1/9/00 to BCC from Keith Schue, Wekiva Issue Chair-Sierra Club Central Fla. Group re: Natural Lands. (cc: Co. Manager, Comprehensive Planning, Engineering)
62. Letter dated 1/5/00 to Chairman from Fred Nanus re: Opposition to Wal-Mart. (cc: BCC, Comprehensive Planning, Current Planning)
63. Letter dated 1/10/00 to Chairman from Faith Jones re: Natural Lands. (cc: BCC, Co. Manager, Engineering, Comprehensive Planning)
64. Letter dated 1/6/00 to Ms. Leslie Fairall, Community Association Manager-Sweetwater Oaks Homeowners Assn. from Commissioner Van Der Weide re: Wekiva Springs Road. (cc: BCC, Public Works Director, County Engineer, Minor Projects Manager)
65. Copy of memorandum dated 12/29/99 to Kevin Grace, Co. Manager from Frances Chandler, Planning & Development Director re: Retention Pond at the Econ River Wilderness Area. (cc: Public Works Director, County Engineer, Development Review Division Manager, Minor Projects Manager, BCC)
66. Letter dated 1/6/00 to Chairman from Cynthia Bonham, City Clerk-City of Oviedo re: Reappointment of Councilman Hagood to Expressway Authority. (cc: Councilman Thomas Hagood, Oviedo City Manager, SCEA Executive Director)
67. E-mail dated 1/7/00 to BCC from Charles and Ruth Zimmerman re: Proposed Wal-Mart rezoning. (cc: Comprehensive Planning, Current Planning)
68. Memorandum dated 1/9/00 to Chairman from Dick Stier, Contract & Developer re: Wal-Mart. (cc: BCC, Comprehensive Planning, Current Planning)
69. Letter dated 1/8/00 to BCC from Susan Eberle re: Zoning change for Brossier Apartments. (cc: Current Planning, Comprehensive Planning,)
70. E-mail dated 1/9/00 to BCC from Joseph Pepe re: Wal-Mart. (cc: Comprehensive Planning, Current Planning)
71. E-mail dated 1/9/00 to BCC from Darrell Ealey re: Proposed Wal-Mart rezoning. (cc: Comprehensive Planning, Current Planning)
72. E-mail dated 1/9/00 to BCC from Mr. & Mrs. Edward Grace re: Rezoning for Wal-Mart. (cc: Comprehensive Planning, Current Planning)
73. E-mail dated 1/9/00 to BCC from Patrick & Michelle Paroline re: No Wal-Mart on SR 46. (cc: Comprehensive Planning, Current Planning)
74. E-mail dated 1/9/00 to BCC from Lewis & Janet Paroline re: No Wal-Mart on SR 46. (cc: Comprehensive Planning, Current Planning)
75. E-mail dated 1/10/00 to BCC from Larry Wells re: Wal-Mart Superstore. (cc: Comprehensive Planning, Current Planning)
76. E-mail dated 1/10/00 to BCC from Charles & Katherine Templin re: Wal-Mart on SR 46. (cc: Comprehensive Planning, Current Planning)
77. Letter dated 1/7/00 to Chairman from Susan Eberle re: Natural Lands. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Works Director, Comprehensive Planning)
78. Twenty-six identical form letters to BCC from Concerned residents in Lake Forest, Tall Trees, Sylvan Lake Estates, Barington Club re: Opposition to Wal-Mart. (cc: Comprehensive Planning, Current Planning)
79. Identical form letters dated 1/9/00 to BCC re: No Wal-Mart on SR 46 from the following: Lee & Bonnie Hewer, Joel & Annette Carmany, John & Margaret Drakesmith, Deloris Humphries, James Serrano. (cc: Comprehensive Planning, Current Planning)
80. Letter dated 1/6/00 to Chairman from San Kendall re: Retention pond on Old Lockwood Road. (cc: BCC, Comprehensive Planning, Co. Manager, Engineering, Minor Projects Manager)
81. Minutes from 12/9/99 Tourist Development Council Meeting.
82. Facsimile dated 1/2/00 to BCC from Dianne Messer re: Wal-Mart. (cc: Comprehensive Planning, Current Planning)
83. E-mail dated 1/6/00 to BCC from Joan Levy re: Proposed Super Wal-Mart rezoning. (cc: Comprehensive Planning, Current Planning)
84. Letter dated 12/31/99 to BCC (with attached) from Randy Johnson, President & CEO and Matt Mustoe, Sports Marketing Manager-Central Fla. Sports Commission re: November Activities.
85. Letter dated 1/4/99 to Chairman from John Drago, City Administrator-City of Longwood re: Reappointment of Thomas Hagood to Expressway Authority Board. (cc: BCC, Expressway Authority Executive Director)
86. Memorandum dated 1/5/00 to BCC (with attached letters) from Janice Keifer, Support Services Manager re: County-owned land on CR 46A. (cc: Co. Manager, Deputy Co. Manager, Administrative Services Director, Planning & Development Director, Public Works Director)
87. Memorandum dated 1/5/00 to BCC (with attached memorandum) from Phillip Stalvey, Community Services Director re: Mosquito Control.
88. Local government monthly mailer-January 2000 from St. Johns River Water Management District.
89. Notice and agenda for St. Johns River Water Management Board meeting 1/11/00 and 1/12/00.
90. Minutes from 11/10/99 Parks & Recreation Advisory Board meeting.
91. E-mail dated 12/29/99 to BCC from Antoine Khoury re: Wekiva Springs Road Improvements. (cc: Co. Manager, Public Works Director, Co. Engineer)
92. Minutes from 10/21/99 Historical Commission meeting.
93. Letter dated 12/29/99 to Marlene Becker from Ken Roberts, Public Safety Director re: Appreciation for recent donations.
94. Copy of memorandum dated 12/27/99 to Commissioner Van Der Weide (with attached memorandum from Ann Colby) from Jack Wert, Tourism Development Director re: Composition of the Seminole County TDC. (cc: Co. Manager, Deputy Co. Manager, BCC)
95. Memorandum dated 12/27/99 to BCC from Suzy Goldman, Library & Leisure Services Director re: Historical Museum Budget History. (cc: Co. Manager, Deputy Co. Manager, Museum Specialist)
96. Letter dated 12/28/99 to Kevin Grace, Co. Manager (with attached Ordinance #3524) from Janet Dougherty, City Clerk-City of Sanford re: Annexation into Sanford. (cc: Current Planning, Property Appraiser)
97. Memorandum dated 12/29/99 to BCC, Kevin Grace-Co. Manager, Mary Mantzaris-Executive Assistant from John Dwyer, Current Planning Manager re: January 11, 2000 Public Hearing. (cc: Planning & Development Director)
98. Letter dated 12/28/99 to BCC (with attached proof of publication) from Janet Dougherty, City Clerk-City of Sanford re: Ordinance #3524.
99. Copy of letter dated 12/27/99 to Governing Board-St. Johns River Water Management District from Robert King, Chairman-Friends of Lake Jesup re: Lake Jesup Basin status. (cc: SJRWMD Technical Advisory Committee, BCC, State Representative Feeney, Co. Manager)
100. Letter dated 12/28/99 to Chairman (with attached supporting documentation) from Helen Stairs, President-Ritz Community Theatre Projects re: Ritz Community Theater Projects. (cc: BCC, Co. Manager)
101. Copy of memorandum dated 12/29/99 to Sandy McCann, Recording Secretary from Kathryn Brown, Senior Planner-One Stop Permitting re: Submissions into Co. Records. (cc: Co. Manager, BCC, Environmental Services Director)
102. Memorandum dated 12/28/99 to BCC (with attachments) from Antoine Khoury, Principal Engineer-Minor Projects through Jerry McCollum, Co. Engineer re: Old Lockwood Road Retention Basin. (cc: Co. Manager, Planning & Development Director, Public Works Director)
103. Notice and agenda for Oviedo City Council meeting 1/3/00.
104. Contract, as shown on page __________, for services between Parks & Recreation and David Silvia for instructing tennis programs.
105. Copy of letters dated 12/28/99 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Estelle Snyder, N. Eager & J. Jeppesen, Barbara Haynie, Sylvia Petris, Malihe Salehi, Barbara Force.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to reappoint/appoint the following for District 2:

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

-------

Commissioner Henley advised of his appointments for District 4.

Motion by Commissioner Morris, seconded by Commissioner Maloy to reappoint/appoint the following for District 4:

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

Commissioner Van Der Weide left the meeting at this time.

-------

Commissioner Morris advised he will be going to Tallahassee this Thursday and Friday representing the Planning Council Board.

--------

The Board, thereupon, recessed at 2:50 p.m., reconvening at 7:00 p.m., this same date with all Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Continuation of a public hearing to consider request to rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development), associated preliminary master plan and development order; property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and W. Carrigan Avenue, as described in the proof of publication, Sam Carr, on behalf of owners WEAT Land Partners II.

Chairman Henley asked staff to explain why the applicant is requesting a continuance to March 28, 2000.

Gary Schindler, Senior Planner, addressed the Board to advise Mr. Carr has submitted a revised plan that is significantly different from the original plan. He stated that warrants taking it back to the Planning & Zoning (P&Z) Commission for approval.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue to March 28, 2000 at 7:00 p.m., or as soon thereafter as possible, request to rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development), associated preliminary master plan and development order; property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and W. Carrigan Avenue, as described in the proof of publication, Sam Carr, on behalf of owners WEAT Land Partners II.

Under discussion and upon inquiry by Commissioner Maloy, Mr. Schindler advised the continuance will give staff plenty of time to bring this issue before the P&Z Commission.

Upon inquiry by Chairman Henley, Mr. Schindler advised the applicant has not indicated whether or not he will discuss his revised plan with the homeowners association.

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

Continuation of a public hearing to consider request to Rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development), associated preliminary master plan and development order; property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and Econ River Place, as described in the proof of publication, Brossier Company.

Mr. Schindler stated the reason this item was continued is because the applicant had made some revisions to the site plan in response to the CPTED and he was working with the homeowners in coming up with solutions that would be acceptable to them. He stated staff has reviewed the plan and finds that the proposed plan complies with the Land Development Code. Therefore, staff recommends approval of the request.

Upon inquiry by Commissioner Maloy, John Dwyer, Current Planning Manager, addressed the Board to advise staff has not reviewed the letter (not received and filed) from the applicant requesting a slightly smaller parking space (9x18) with less stormwater runoff.

Commissioner McLain stated he would like to compliment the Sheriff, the developer, and staff for working together in coming up with ideas for reducing crime.

Attorney Dwight Saathoff, Akerman, Senterfitt & Eidson, addressed the Board to submit a booklet and an aerial map containing site data (received and filed). He stated he has been working hard with the residents and Commissioner Maloy in addressing their concerns. This will be a luxury apartment project and not a student housing project. He referred to Tab #1 of the booklet and reviewed the list of conditions that the applicant is recommending to be imposed upon them. He referred to and briefly reviewed a lengthy letter from the Sheriff's Office consultant, Dr. Randall Atlas, listing those items that he felt should be in the site plan in order to make it compatible with the CPTED principles. He said this site is significantly different from other projects as it is not adjacent to single-family residential. The location of the site is unique as it is adjacent to the Little Econ and it is a natural amenity and is something they have tried to incorporate into their site plan. He added he knows that traffic is bad, but FDOT is underway widening SR 434 from McCulloch to Mitchell Hammock Road. He reviewed the traffic and market studies and the parking issues that are included in the booklet.

Mr. Dwyer stated the final master plan and developer's commitment agreement will have to come back to the Board for approval, and staff would like to see the final numbers for the parking spaces during that time.

Discussion ensued between the Board, Mr. Dwyer and Jay Jackson, Engineer, relative to the parking spaces, preservation of trees, and open space.

Al Bailey, 489 Wilmington Circle, addressed the Board to state he represents Remington Park and he would like to submit a fax (not received and filed) he received from the Brossier Co. He stated he supports 9 x 18 parking, but the one thing he does not agree with is that it will not help the traffic on Alafaya Trail.

Colleen Thompson, 3072 Hazelton Place, addressed the Board to submit a letter (received and filed) from Susan Eberle. She stated the citizens are not experts on this issue, but no matter what they say and how many letters they write, they do not have a chance. She said after the Riverwind complex came in, it was like an open hunting ground for students and that is why the applicant has agreed to placing a 12-month lease on the apartments so they can deter the students from renting.

Charlotte Carver, 3045 Lowery Dr., addressed the Board to speak in opposition to the request. She stated the residents were told many things by the developer when Riverwind came into their neighborhood. The residents found out that the trees were obliterated, the housing projects are going to be rented by the bedroom, and there is going to be 4 bedrooms with 4 baths as opposed to 3 bedroom, two bath. She stated if the Board approves this project, they will not only introduce different lifestyles into the neighborhood, but also crime. She added she would like to know what kind of law enforcement the area is going to have. She stated she would ask the Board to oppose the project until they can make sure the developer enforces all of the promises he has made. Also, she would like the Board to take a look at crime in other apartment complexes in Seminole County.

Commissioner Maloy stated the Board has taken a lot of time and effort in addressing the issue of crime and to make sure that if anything goes in there, it is top quality and there won't be any problems down the road.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Maloy stated he feels that this project is a lot better than it was a year ago and he believes the residents' voices were heard.

Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt Ordinance #2000-1, as shown on page _________, rezoning property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and Econ River Place, to PUD (Planned Unit Development); approve the associated preliminary Master Plan and Development Order, as shown on page _________, as described in the proof of publication, Brossier Company, including the 15 items committed to the homeowners and the additional 15 conditions submitted, with the deletion of Item 3b which was the question of the road modification, with Item 3c, modified parking, to be reviewed during the site plan process.

Under discussion and upon inquiry by Commissioner Morris, Mr. Dwyer advised the final site plan and developer's agreement will come back to the Board.

Upon inquiry by Commissioner Maloy, Mr. Dwyer advised during the final site plan approval, staff will ask the applicant to show them how much open space will be generated and how it will affect the drainage. Discussion ensued relative to smaller parking spaces.

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

The Chairman recessed the meeting at 7:50 p.m., reconvening at 8:00 p.m., with all Commissioners being present.

Continuation of a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development), associated preliminary site plan, associated rezoning development order, associated development agreement; property located in the northwest quadrant of the intersection of SR 46 and relocated Oregon Avenue, as described in the proof of publication, as shown on page _________, Ken Wright.

Mr. Schindler advised staff has been working on this project for 8-9 months and it has had significant review. He reviewed the issue of compatibility with surrounding development as outlined in the agenda memorandum. He stated the proposed square footage of the Wal-Mart facility (235,000 sq. ft.) clearly exceeds the neighborhood commercial range and appears excessive for this area of the HIP-TI periphery. This site should not be considered for any type of commercial center beyond that of a neighborhood commercial center. Therefore, due to the intensity of the proposal and the incompatibility with area residential uses, staff does not recommend the rezoning as requested.

Mr. Schindler stated based on staff analysis, staff feels that: (1) the proposed PCD Master Plan is not in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) the requested PCD Master Plan would be incompatible with surrounding development; (3) is considered in the 20-year service analysis as part of the County's adopted plan and no development is authorized without meeting concurrency requirements; and (4) would be able to meet all environmental standards. He stated staff has reviewed the proposed PCD site plan and the proposed development agreement. Regarding the issue of the proposed development agreement, it would appear that the dedication of 24.457 acres of wetlands, outside of the proposed PCD, could be construed as a benefit to the public. The Board will have to weigh this benefit against the impact of the wetland areas proposed to be developed. Regarding the proposed preliminary PCD site plan, it would appear that, with the conditions addressed in the development order, it does comply with the relevant provisions of the Land Development Code; however, it does not address the primary issue of compatibility. Based upon the fact that the proposed PCD zoning and Master Plan are incompatible with the High Intensity Planned Development section of the Comprehensive Land Use Plan and surrounding residential development, staff recommends that the requested PCD zoning be denied.

Attorney Ken Wright, Shutts & Bowen, addressed the Board to distribute a booklet (received and filed) of Comprehensive Plan policies, Land Development Code, excerpt of a traffic study prepared by Traffic Planning & Design, proposed site plan, Wal-Mart Fact Sheet and photographs of the Port Orange Wal-Mart site. He displayed and reviewed an aerial map (received and filed) showing the proposed site, the east and west side of I-4. He reviewed the history of the site and how they got where they are on this site. He stated the Amoco station will be closed when the improvements to the interchange of SR 46 and I-4 occur. As part of the development of property for Oregon Avenue, the applicant is cooperating with the County to design the actual construction, with County participation, of the realignment of Oregon Avenue. At the time the landowner considered cooperating with Florida Department of Transportation (FDOT) in exchanging this land, he met with staff to see what services could be approved. He said as the Board can see on the aerial map, the blue line indicates the right-of-way of the expanded I-4 interchange, the proposed PCD site is only several hundred feet away from the intersection. He added a line on the map indicates the northern extension of the Heathrow/Puzitti HIP-TI area. He indicated on the map the HIP land use areas, the AAA headquarters, AutoNation and the Seminole Towne Center. He added the Seminole Towne Center is located within the city limits of Sanford. He reviewed the property that is located to the west and advised that as of October 1999 a special exception was granted for a Racetrack convenience store with 10 pumps. He pointed out that HIP-Target industry is located to the west as well as the east.

Attorney Wright displayed and reviewed excerpts (received and filed) from three different Development Review Committee meetings indicating that Mr. Dwyer has no objections to the proposed use, if modified. A fax copy of the excerpts were also received and filed. He stated those comments consist of a serious concern and comment regarding the site plan that were atypical. There was a conflict regarding the height of the light fixtures in the parking area. He said he feels that staff will make sure that the site plan contains specific conditions and recommendations on a specific site to make it compatible with surrounding areas, light poles, open space requirements and how they were calculated, landscape buffers, signage and location. The applicant had requested having trailer storage at the rear and staff had objected to that. He stated the applicant has decided to do away with the trailer storage and to recalculate the open space. The applicant gave into every concern that was raised and that leads to staff's comments that the development order and the plan would meet the requirements of PCD. The fact that the applicant had gone through the elaborate review process they were surprised that days before the P&Z meeting, staff readdressed, for the first time, the issue of compatibility with the surrounding uses and consistencies with the Comp Plan. The Local Planning Agency (LPA) recommended approval of this request and requested the applicant to come back and produce a proposed development order and address the site plan issues. He said the applicant cooperated with staff in generating a development order and a plan, which incorporated the suggested modifications, that came back to P&Z and it was passed by a majority vote.

Attorney Wright displayed a site plan (received and filed) and reviewed the green space preservation on the east and west side and landscaping within the parking area. He stated there were notes on the plan indicating that there will be additional planting of trees. Those trees will uniformly be about 65-70 feet in height, which will have a height canopy. An illustration showing the height canopy was received and filed. He said when Oregon Avenue was constructed by the applicant, the location of the curb cuts, right-of-way design, turn lanes and stacking issues were dealt with. The plan shows the rear lot of Lake Forest and the applicant is proposing a buffer. The distance of the closest residence and the proposed facility is about 450-500 feet and to the west that number almost doubles. He said he would like to comment on the inconsistencies of the staff's report and show the Board that this application is consistent with the Comp Plan. He displayed a chart showing Table 2.3 (received and filed) of the Comprehensive Plan and reviewed the permitted zoning districts for Higher Intensity Planned (HIP) Development. He stated the four zoning classifications for HIP are PUD, PCD, PLI and TI. A public land institution is not appropriate and TI does not exist. He discussed the High Intensity Plan Development Nonresidential land use, the core and transitional areas as outlined in Table 2.3, and the appropriate land use policies for HIP. He noted that Table 2.3 does not list Policy 2.1 in the zoning category. He displayed and reviewed Table 2.2 (received and filed) relative to HIP permitted use guidelines. He referred to the note at the bottom of the table and advised the note indicates that separate permitted use guidelines are established for the north I-4 HIP Target Industry area. He displayed Policy 2.5.11 (received and filed) and reviewed the uses that the HIP areas comprise of along the north I-4 target industry corridor. If the Board approves multi-family next to Suburban Estates, then there will be inconsistencies in the Comp Plan. He referred to and reviewed excerpts (received and filed) from Colonial Grand's responses to Fred Edwards' interrogatories. He submitted and reviewed a traffic report assessing the traffic impact of the northwest Oregon property and a copy of the qualifications of the Traffic Planner who completed the study (both received and filed). He also submitted a letter (received and filed) from Conklin Porter & Holmes with attached resume of Kenneth Steeves indicating that they have reviewed the master plan and based on their experience, this plan complies with the Comprehensive Plan and the Land Development Code. He stated he has a resume and report (both received and filed) from Steve Clark, Urban Forester, relating to the tree height. He said Tim Crebbs from Wal-Mart is enroute to the meeting and he would like to have an opportunity to speak. An illustration showing the front, rear, left and right elevations was received and filed.

Commissioner Van Der Weide stated he would hope staff can explain the difference between their conclusions and the applicant's conclusions.

Chairman Henley stated he will ask staff to comment on how they arrived at their conclusions. He stated he feels all of the Board members and the community are looking for the truth and they want to be confident that the information is correct.

Attorney Wright stated the architectural rendering incorporates representations by the applicant, and comments and requests by staff regarding specific elements. He stated he would like to submit a Community Resource Guide (received and filed) from Wal-Mart.

Chairman Henley stated he has received written comments from the following in support of the requested rezoning: Donna Owens; Norman Sparks; LaVergne Morse; Carolyn Leonard; Edith Wittenmyer; Jack Kaiser; Alan Winn, Gary DeCocq; Rowena Garzon; Michael Lewis; Richard Leeders; and Maureen Haig.

At the request of Chairman Henley, Frances Chandler, Planning & Development Director, addressed the Board to explain the staff's findings, which they based their recommendations on, and the applicant's comments. She began by reviewing the findings and conclusions of the HIP Target land use designation study. She commented on the issue of no objections to the proposed use.

Commissioner Van Der Weide stated he would like staff to respond to the specific items that Attorney Wright mentioned. Discussion ensued.

Ms. Chandler stated she does not believe the amount in the intensity of commercial development is an inconsistent statement relative to the commercial use and the issue of intensity. She displayed and reviewed a Comprehensive Plan map showing the adopted functional classifications for the transportation system in the County. That classification was adopted the same time the HIP-TI land use was adopted and it identifies the location of both collector and arterial roads. She reviewed on the map that International Parkway is being identified as a collector facility, SR 46 being identified as an arterial facility, and Oregon Avenue is shown as a local facility. She advised the TI zoning district is correct; however, the Target Industry uses were adopted as permitted uses in Policy 2.5.11, Sub A.1. A table (2.2a) was provided identifying what the uses were for the north aquifer corridor and there are various HIP land use categories in that table. This area is a HIP Target Industry and the FAR for that use has two cores. Tracts that abut residential districts are 3.5 FAR and the other tracts not abutting residential are 1.0 FAR. She reviewed staff's determination of what created compatibility for HIP-TI, what special provisions are required, the policies for HIP development, and the land use compatibility between different uses (Table 2.1). She reviewed the response drafted by the County for the Colonial property issue. She stated Policy 2.2.5 does not require that Table 2.1 be the sole determining factor but is one tool utilized for traditional determinations. The HIP land use itself requires a transitional land use, not buffers or walls. Policies 2.2.11, 2.5.8, and 2.5.9 talks about the same issues relative to establishing appropriate intensities next to incompatible existing uses. These policies are important relative to the compatibility discussion.

Upon inquiry by Commissioner Morris, Ms. Chandler pointed out the area met the criteria for being in that location. She stated the retail total amount is 23,750 sq. ft., the combination retail office is 88,500 sq. ft. and the neighborhood retail office combination is 35,400 sq. ft. The site layout itself has certain restrictions and the permitted uses are laid out in the plan and are fairly restrictive.

Upon inquiry by Commissioner Morris, Mr. Dwyer advised he received a fax (not received and filed) from Peggy Templeton, NTS, indicating that Race Track Petroleum Inc. no longer intends to pursue a site at Lake Forest.

Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised the special exception for a gas station expires within 180 days, and if that expires, the applicant would have to come back for approval for another one.

Upon inquiry by Commissioner Maloy, Ms. Chandler clarified the designation of the intersection of Oregon Ave. and SR 46 and the requirements for compatibility under HIP-TI.

Ms. Chandler explained for Commissioner Morris why the buffer is not shown on the site plan.

Commissioner Maloy left the meeting at this time.

Chairman Henley recessed the meeting at 9:45 p.m., reconvening at 9:50 p.m., with all Commissioners being present.

Chairman Henley advised of Written Comment Forms from Brad Bender and Christina Valkenburg supporting the request.

James Cozad, 7360 W. SR 46, addressed the Board to state the residents don't want any development west of SR 46 at all. He stated he has lived in the area for 40 years and there is a good buffer zone along the site.

Wade Morse, 5434 Orange Blvd., addressed the Board to state he and his wife has lived in the area for 26 years. He submitted a Petition, as shown on page _________, with almost 200 signatures supporting a Wal-Mart in this area. He stated he would like to see the entrance landscaped and beautified, as it would look a lot better than a pile of dirt.

Chairman Henley advised the following have submitted a Written Comment Form opposing the request: Eric Harst; Noel Black; Tavia Haas; Bob Bugnacki; Sandra & George Olio; Warren Lee; Dr. & Mrs. Ira Schwartzberg; Kartar Dhaliwal; Carole Spencer; Dale & Suzetta Bragg; Mary Fagan & Joseph Trotta; Tillman; Jack Goebel; three forms with no names; Al Bradwell Parks; Penny Sheipe; Christine Smith; Terrance Wagner; Elise Hulme; Alice MacDowell; James Roberts; Kristine Bugnacki; Keith Schue; C.J. Metzler; and David Segbers.

Attorney Dwight Saathoff, representing Orlando Lake Forrest Joint Venture and the Lake Forrest Homeowners Association, addressed the Board to submit a booklet (received and filed). He reviewed the three tangible provisions of the Comp Plan that are inconsistent with the proposal. He pointed out that a Wal-Mart store is a commercial retail use and the location of this site is at the intersection of SR 46 and Oregon Ave. He identified the following three sections of the Comp Plan that he feels contains specific provisions that are inconsistent with the proposal: Future Land Use element, Conservation Element and the Economic Development element. He continued by reviewing the Future Land Use element identified in Tabs 1, 2 and 8 of his booklet. He stated this proposal is inconsistent with the Comp Plan because it is a commercial use located at the intersection of an arterial road and a local road, and that is not allowed. Relative to the Conservation element, there are 91/4 acres of wetlands on the site plan, which makes up 29% of the site. The appicant's proposal will destroy that section of land. The Economic Development element gives you some sense of the overall intent of HIP-TI, and he reviewed same as outlined in Tab 7 of his booklet. He referred to and reviewed the highlighted section in Tab 11a & b, excerpts from the LPA meeting of 8/30/95 and the BCC meeting of 9/12/95. Tapes for the 9/12/95 and 12/12/95 BCC hearings were received and filed. He also read excerpts from the BCC 12/12/95 meeting.

Upon inquiry by Commissioner Maloy, Attorney Saathoff advised he feels that this should be a land use map amendment hearing and not a zoning hearing. He stated his client is not opposed to Office development, Higher Intensity Residential or Commercial development, but he doesn't believe the Comp Plan would allow any Commercial use on this site.

Win Adams, 105 Springwood Place, addressed the Board to state the Economic Development program in Seminole County is one of the best in the nation. He stated staff has indicated that this project is incompatible with the County's Economic Development program. The one thing that the businesses coming into an area look at is consistency of development and it is the Board's responsibility to make sure there is some consistency. There is a limited amount of land left in Seminole County to develop and buildout will occur around 2010 or 2013. There are already three major malls in Seminole County; and this operation could be a cornerstone as to the direction this County will go over the next 30 years. The Board needs to listen to the residents by keeping the land available for the high-tech industries that are willing to come to this area.

Monte Shoemaker, 5376 Ohio Ave., addressed the Board to state the definition of HIP Target Industry includes businesses that provide goods and services with a growth potential, high average wages, and some commercial development that was designed to meet the retail needs of the immediate area. This proposed big box retail operation of 210,000 or 235,000 square feet is a lot of footage. He stated he would suggest the Board discourage every kind of business listed as a HIP Target Industry business.

Marge Ireson, 5331 Lake Bluff Terrace, addressed the Board to speak in opposition to the request. She stated a Publix Grocery store opened west of Lake Forrest and it is compatible with the size of their community. She said she recently spoke to a lady about the Wal-Mart in Sanford closing, and stated that it should close because of the rusty carts and boxes being in the middle of the aisles. She added it is difficult for her to comprehend the size of the Wal-Mart proposal as it will be approximately sevens times the size of the new Publix store. The Seminole Towne Center mall is a reasonable size mall that represents the size and character of their community. If the residents cannot get what they need at the mall or at Publix, there are excellent services on Lake Mary Blvd. She asked the Board if it was fair to these businesses to allow a big-box retailer to come in and choke them out. She stated she is not opposed to development. She added that their forest is a beautiful gateway to Seminole County but it needs to be preserved as much as possible.

Robert Foster, 4949 Shoreline Circle, addressed the Board to state he would like to defer his comments to Mr. Bob Manuel.

Robert Maiocco, 5234 Forest Edge Ct., addressed the Board to state he agrees with Attorney Saathoff's comments.

Phares Heindl, 2415 Rivertree Circle, addressed the Board to state he represents the Friends of the Wekiva. He stated the Wekiva River Protection Act maintains rural character and densities. This area begins at Orange Avenue and extends all the way to the center of Mt. Plymouth. When the Wekiva River Protection Act was formulated, it was requested that the protection area begin at I-4 and extend past Mt. Plymouth. The Orange Avenue beginning point was a downward compromise to protect the Wekiva River area. According to the Statute and the Comp Plan, no commercial development will be located at that point. He said this large area, serving commercial entity is inconsistent with the transition corridor and he opposes it.

Sal Giardina, Shoreline Circle, addressed the Board to submit a letter (received and filed) from Fred Tepper who is the owner of The Argonide Corp. He stated Mr. Tepper's letter speaks in opposition to the proposed development.

Bob Manuel, 5336 Fawn Woods Ct., addressed the Board to state the Publix store has nine other stores in the complex and they serve the local residential community. He stated he is not opposed to a Wal-Mart store, but he is opposed to a big-box retail store as it is not compatible. He said he heard that petitions were prepared at the Wal-Mart store in Sanford to see if they were opposed to a Super Wal-Mart. They were not asked if they wanted it in their neighborhood.

Deborah Taylor, 4847 Shoreline Circle, addressed the Board to state she is here with hundreds of neighbors expressing their opposition to the proposed rezoning of this property. She stated the proposed development agreement should not be approved and she would like to express her confidence that the Board will make the right decision. When these proposals create serious problems, it should be rejected. The applicant is well aware of the residents' opposition as it will increase traffic density in an already overburdened, overcrowded corridor. It will bring high transit commercial on a 24-hour basis. She added the residents feel the proposed development should be on the east side of I-4 where the bulk of commercial property exists. The residents feel the use of this land should be dedicated to a more appropriate project, such as an office complex.

Gene McKay, 4916 Fawn Ridge Place, addressed the Board to state over the last few months the residents have submitted legal, moral and economic reasons to reject this zoning request. He stated they also have provided an extensive report that shows the disastrous economic effect a big box retail will have on this community. He submitted the Shils report (received and filed) measuring the economic and sociologic impact of the mega-retail, discount chains on small enterprise in urban, suburban and rural communities. He stated the residents have raised questions relative to increased crime, traffic and pollution, as well as campers using Wal-Mart's parking lots as campgrounds and how the residents are fighting to keep these stores out of their communities. He said the residents are prepared to do whatever it takes to keep big-box retailers out of their neighborhoods.

Bob Longley, 729 Ashgrove Terrace, addressed the Board to state he opposes the request and he agrees with everyone's comments.

Nick Puddicombe, 5359 Fawn Woods Court, addressed the Board to state he is in opposition to the request.

Elmer Nagy, 723 Ashgrove Terrace, addressed the Board to state he is in opposition to the request and he agrees with what has been said by those in opposition.

Brenda Jones, 4918 Shoreline Circle, addressed the Board to state her issues have been addressed, therefore, she will yield her right to speak.

Denice Cerabino, 316 Still Forest Terrace, addressed the Board to state the Tall Trees Homeowners Association agrees with all those in opposition.

Brant Ballard, 5374 Deep Woods Ct., addressed the Board to state he is not against development along SR 46, but he is looking for development in line with the Comprehensive Plan and HIP TI. He stated he is concerned about this proposed big-box retailer being so many times the size of what is targeted for HIP rezoning. He said from a traffic perspective, he would challenge the Board to not allow this area to become as bad or worse as the SR 434 or SR 436 areas around I-4. This is an opportunity to shape the growth that is going to occur in this area. This rezoning should have been denied during the P&Z process. He stated he is concerned that this will become a political driven process rather than one considering the best interest of the people. The residents have heard that this will be a 3-2 vote in favor of this proposal. He stated this is the Board's opportunity to prove to the citizens that what they heard is wrong and this has not been resolved as a done deal and the citizens have not wasted their time in the process.

Commissioner Van Der Weide stated the P&Z Commission have the following three options and that is to recommend, deny or to move it forward without any recommendations.

Attorney Saathoff stated he thinks he has said all that he can say and he does not need any additional time for rebuttal.

Attorney Wright displayed DRC comments and pointed out that this is a process where property owners come in to obtain approval for their applications. He stated the applicant was told that staff had no objections and then changed their direction relative to the request. None of the DRC comments had anything to do with compatibility or relative to the issues that are being discussed tonight. He reviewed issues relative to Policy 2.5.9 and 2.5.11 that were brought up by Ms. Chandler and Attorney Saathoff. This site is located at the intersection of SR 46 and I-4. This is not an issue of land use and it is not a Comp Plan amendment, it is a zoning issue. He reviewed Attorney Saathoff's comments relative to Policy 2.5.11. He submitted a copy of a facsimile (received and filed) from Tonia Bernoski, Current Planning Division, stating staff had not received a withdrawal letter from NTS on file. He stated he has shown the Board that he has met with the procedure requirements of the Land Development Code and he is in compliance with the Comp Plan. He displayed and reviewed the County's response to the ORC report. He said he has shown the Board that the land use is appropriate, the Board has approved commercial land uses equal to or greater than this west of this site, HIP is located less than 1/2 mile down the road, and commercial development is located west of this site. The land use, PCD approval, and the size is appropriate and it is consistent. He also submitted Policy 2.2.4 relative to neighborhood commercial uses.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Letters opposing the Wal-Mart rezoning request were received and filed.

District Commissioner McLain stated the Board's responsibility is to make sure that they keep an open mind as much as possible and make a decision based on all the information provided. He stated he has been aware of this project for at least eight months and he has some serious reservations. He said he has given the applicant every opportunity to provide information; and based on all of that information he has obtained, he cannot support this project.

Motion by Commissioner McLain, seconded by Commissioner Morris to deny request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development), associated preliminary site plan, associated rezoning development order, associated development agreement; property located in the northwest quadrant of the intersection of SR 46 and relocated Oregon Avenue, as described in the proof of publication, Ken Wright; Denial of Development Order, as shown on page ________.

Under discussion, Commissioner Morris stated his vote will be based upon staff's comments. He stated he believes staff's response was sufficient to respond to the applicant's problems. The problem he has had with this project is what is transition and what is the real application, what are they looking at and what was examined.

Chairman Henley stated he has listened to both sides and he has met with staff. He stated the Board is not insensitive to the people's opinions and he feels there have been good reasons as to why this is a good project. A lot of information has been submitted this evening and he still has a question as to what is the right thing to do. He added if the Board is going to err, they should err on the side of caution, therefore, he will be supporting the District Commissioner's motion.

Commissioner McLain stated he feels it is clear that this site will be developed and if this motion does not pass, the Board will then hear other proposals.

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

Commissioner McLain left the meeting at this time.

Monte Shoemaker stated he has done everything he can in making the process better, but he keeps getting tripped up. He said he has forced his County Commissioner to meet with people throughout this County who have reached the point of frustration with their government. He stated if this meeting didn't show the Board that the people do not understand the system, he would like to know what will it take to help them.

Commissioner McLain reentered the meeting at this time.

Mr. Shoemaker stated most of the people in the area are ignorant of the process and they do not know where to go to get their information. He stated he would recommend creating an office to help the citizens with these problems.

Commissioner Van Der Weide recommended that Mr. Shoemaker contact the Charter Review Commission to see if they would consider this issue.

Chairman Henley stated the Board has to recognize the positive things that have been done so far. He stated part of the reason people do not understand is many of them are not interested until something occurs that impacts them. This Board has spent considerable amount of money in trying to help the public understand through public TV, but the problem has not been solved through this process.

Commissioner Morris recommended scheduling this issue as a briefing item. The Board voiced no objections.

-------

There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:45 p.m., this same date.

ATTEST_____________________Clerk____________________Chairman

cc/slw/er