BOARD OF
COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
DECEMBER 14 & 15, 1999
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:34 a.m. on Tuesday, December 14, 1999, 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 Sandy McCann
Pastor Lester Ike, Community Methodist Church of Casselberry, gave the Invocation.
Commissioner McLain led the Pledge of Allegiance.
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The Board, thereupon, recessed at 9:37 a.m. for the U.S. Highway 17-92 Community Redevelopment Agency meeting, reconvening at 9:41 a.m.
AWARDS & PRESENTATIONS
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-157, as shown on page _______, in support of the Youth Apprenticeship Program for Vertical Construction.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Bob Falatica of the Seminole County School Board, who expressed his appreciation for same.
Mayor Larry Dale, City of Sanford, addressed the Board to introduce Victor White, Executive Director of the Orlando Sanford Airport and Larry Gopher, TBI.
Victor White addressed the Board to give an update on some of the things that are happening at the airport. He said the airport has been receiving a lot of focus worldwide. A couple of months ago Pan Am started its first service. He displayed an architect rendering of the new domestic terminal and discussed same with the Board. He advised the terminal is about a $25 million project and will have seven gates with a dual use ability (domestic & international). He stated the Orlando Sanford Airport is the third busiest international airport in the State of Florida and last year it was the fastest growing airport. He displayed a drawing of what the terminal will look like inside, explaining it will have an 8,000 square foot dining, beverage, gift and retail shopping area.
Mr. White advised the terminal will be built with no debt. He said they have raised grant funds and loans from the State as well as put together a public/private partnership with TBI, a subsidiary of a British corporation. He said TBI will have a 30-year lease to run the domestic terminal in exchange for contributing $7 million up front and an additional $2.5 million over the next five years. He said not only will this raise funds they need to build the terminal without incurring debt, but allows them to avoid future maintenance costs as well.
Larry Gopher, TBI, addressed the Board to advise TBI can either own or manage airports. He said they own three in the United Kingdom and operate 33 worldwide. Currently they are third in the world in terms of their size, but would like to be number one. He said they are excited about the Sanford project because it is a pioneering one. He said this will be a catalyst for economic development and tourism.
Commissioner Van Der Weide stated he certainly supports this and appreciates what TBI is doing. He added he believes the airport has a great future.
Commissioner Morris questioned if TBI is interested in the freight carrier business side of things.
Mr. Gopher stated he believes there is a tremendous market for cargo business and it is something they are very interested in pursuing at the airport.
DISCUSSION RE: PUBLIC HEARINGS
Chairman Henley advised the Board needs to discuss the situation about a couple of public hearing items scheduled for this afternoon and this evening.
Current Planning Manager, John Dwyer, addressed the Board to advise that one of the proofs of publication for the Emmer rezoning (scheduled for this evening's meeting) published the time of hearing as 1:30 p.m., instead of 7:00 p.m.
County Manager, Kevin Grace, stated he believes the Board can address this at the 1:30 p.m. meeting, continuing it until the 7:00 p.m. meeting.
Mr. Dwyer also stated staff is asking that the item be continued until tomorrow night; however, the applicant wants it to be heard tonight. He further advised that the applicant for the Brossier Company rezoning scheduled for December 15 is asking for a continuance until January 11, 2000.
Commissioner Morris expressed his concern with the number of advertising errors occurring. Whereupon, Mr. Grace stated he will deal with the problem.
Commissioner Morris also expressed his concern with the agenda for this evening and tomorrow evening, stating it looks like this evening is overloaded, where tomorrow should be a short night. He said he doesn't understand how this happened.
Commissioner Maloy stated he sees the Brossier continuance as a positive so that the applicant can meet with the Sheriff's planner and the neighborhood.
The Board, by consensus, agreed that the Brossier public hearing would be continued until January 11, 2000; and directed staff to notify the neighborhood of same.
The Board, by consensus, agreed to correct the time of the Emmer hearing during the 1:30 p.m. meeting, and hear the item at 7:00 p.m., this same date.
Commissioner Maloy stated he agrees with Commissioner Morris with regard to the agenda, and suggested continuing some of the items scheduled for tonight until tomorrow night.
COUNTY ATTORNEY'S REPORT - CONSENT AGENDA
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve and authorize the following:
1. Approve Purchase Agreement, as shown on page ________, relating to Parcel Number 164, located at 2971 West 5th Street, Sanford, Edison A. Myers and Sara K. Myers, for the Airport Boulevard Phase III road improvement project in the amount of $112,500.00, with no attorney’s fees or costs incurred. (This is an early acquisition prior to adoption of Resolution of Necessity.)
2. Approve Purchase Agreement, as shown on page ________, relating to Parcel
Number 134 (fee simple), 734/734A/734B/734C/734D/734E/734F (temporary
construction easements), located at 445 Wymore Road, Altamonte Springs,
Investment Company of the South, Inc. (The Trace at Altamonte Apartments) for
the Wymore Road improvement project in the amount of $2,091,605.00, inclusive
of land, severance and attorneys’ fees and expert costs.
3. Adopt First Supplemental and First Amended Resolution #99-R-158, as shown
on page _________, of Necessity relating to East Lake Mary Boulevard Segment I
(formerly Silver Lake Drive) road improvement project (from Sanford Avenue to
Airport entrance road); adding 3 permanent easements; amending 1 fee simple and
amending 3 temporary construction easements.
4. Approve proposed settlement relating to Parcel Numbers 141/741, located on the north side of Wekiva Springs Road, the northern-most parcel of the Montgomery Road improvement project in the amount of $11,188.00 (allocated $10,000.00 as full compensation; $1,188.00 as statutory attorney’s fees), Life Insurance Company of Georgia, a Georgia Corporation property (fee owner) and J.C. Penney, Inc.
5. Approve proposed settlement
relating to Parcel Numbers 182, 195, 202, 220, 295, 1795, 296, and 304 located
at the intersection of Seminola Boulevard and Winter Park Drive, for the
Seminola Boulevard road improvement project in the amount of $630,825.00,
inclusive of attorney fees; exclusive of expert costs, Casselberry Investment
Properties, Ltd. property.
6. Approve proposed settlement relating to Parcel Number 129.1, located on the east side of Snow Hill Road, Chuluota, Joyce F. Dowden, for the Chuluota Bypass road improvement project in the amount of $2,000.00, exclusive of attorney’s fees and costs, with authority to settle part or all of attorney’s expert witness costs for up to an additional $l,000.
7. Approve Purchase Agreement, as shown on page _______, relating to
Parcel Number 153, located at 3900 County Road 427 North, Sanford, Paul
Vanderstreek, for the County Road 427 Phase VI road improvement project in the
amount of $229,539.48, inclusive of attorney’s fees and costs.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY'S BRIEFING
DCM,
Cindy Coto, addressed the Board to review Memorandum dated December 14, 1999
concerning the Seminole County Year 2000 Legislative Program (copy received
& filed).
Commissioner
Morris suggested renaming the Cross Seminole Trail to the Cross Florida Trail,
since this is a State project.
Whereupon, Legislative Lobbyist, Bobby Brantley, agreed with the name
change.
Commissioner
Morris expressed his concern that he just received this memo this morning and
had no time to review it. He stated he
did not think the Board took action on the Local Tax-Free Holiday in
August.
Chairman
Henley stated he remembered some discussion, but does not know that the Board
took any official vote on it.
Mr.
Grace stated it was staff's interpretation that the issue should be added to
the legislative agenda, and so it was added.
Mr.
Brantley stated it was his understanding that he was to assess the situation to
see if there was any support on the issue or not; but was not to seek a
sponsorship for it. He said there are a
lot of complications at the State level with regard to how a local tax-free
holiday would be handled.
Commissioner
Maloy stated this is a complicated way to go about giving a temporary tax
reduction. He suggested a better way
would be to reduce the utility tax.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris to remove the Local Tax-Free Holiday from the
Legislative Agenda.
Districts
1, 2, 3 and 4 voted AYE.
Commissioner
McLain voted NAY.
Commissioner
Van Der Weide left the meeting at this time.
Discussion
ensued with regard to the School Sidewalks issue.
Commissioner Van Der Weide re-entered the meeting at this time.
Commissioner McLain stated there has been an effort by the community to work with the Legislative Delegation to develop a strategy for removing the proposed four lanes from SR 46. He said he would like to see the Board add that issue so that Mr. Brantley can meet with Senator Cowin and Representative Bainter to determine what their opinions are on it.
Commissioner Morris stated SR 46 is the only western connection to Lake County. Therefore, he said he would not support Commissioner McLain's proposal. Discussion ensued.
Commissioner McLain clarified all he is asking is for Mr. Brantley to get in touch with the Delegation to find out what is going on and for him to report back to the Board with the various options. He said he is willing to hear more about the proposal and, hopefully, see if the road can be retained as a two-laned road.
Chairman Henley stated he believes the Board needs to be reminded that the County is part of a regional road planning network, which is called MetroPlan. MetroPlan, along with FDOT, is charged with the responsibility of planning the road routes.
Upon inquiry by the Chairman, no one voiced any objections to asking Mr. Brantley to contact the Legislative Delegation to find out what the community's proposal is in keeping SR 46 two lanes. Chairman Henley commented that this is not to be interpreted as the Board supporting or opposing the proposal to keep the road two lanes.
Mr. Brantley stated he received a phone call from the St. Johns River Water Management District (SJRWMD) concerning the area-wide drainage project with adjoining counties, advising the Governor has requested that they address their issues as a basin rather than as individual projects. He said he would like the Board to name the County's designee so that they can start getting involved in the process.
Chairman Henley stated he feels it would be appropriate to instruct the County Manager to set up a team to work with Mr. Brantley and the appropriate county or regional partner to bring this about. The Board, by consensus, voiced no objections to same.
During discussion of the funding for the U.S. Highway 17-92 Drainage Project, Mr. Brantley advised he will be meeting on Thursday with Representative Fuller and the District 5 FDOT representative to discuss this project.
Mr. Brantley advised he has been asked to look at a proposal, whereby, the School Boards would be allowed to replace their discretionary ad valorem revenues with sales tax. He explained the HBA has decided that they like the idea and seem to be the ones who are proposing it. Discussion ensued.
Ms. Coto discussed with the Board the Florida Association of Counties (FAC) initiative to restructure the select State sources of Revenue sharing with counties and municipalities. She stated that the staff is concerned that the "true up" process as part of the County's guaranteed monies is not mentioned in the proposal. Also, staff is concerned that the State can annually change the distribution percentages or the percent of administrative fees. She added staff believes these fees should be locked in, so that they do not get reduced over time. She said staff would like the Board's permission to evaluate this proposal further in order to see what the impacts are to the County.
Commissioner Morris commented that he does not believe there is any tax that is more unfair than the intangible business tax. He said he would support the removal of that tax.
Mr. Grace commented that he would assume the Board would want the staff to protect the County's revenue stream.
COUNTY MANAGER'S REPORT - CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:
ADMINISTRATIVE SERVICES
Support Services
5. BCR #99/133 - $1,404,810 – Various Departments – Various Funds – Fiscal Year 1998/99 year end clean up of account lines.
6. BCR #00/11 - $53,400 – Judicial – Circuit Court: Fund 12900 – Mediation Fund. Accounting adjustment to establish salary account lines for the temporary position assisting Circuit Mediation.
7. BCR #00/12 - $23,000 – Planning and Development – Building: Fund 10400 – Development Review Fund. Funds are requested to accommodate 26 cellular phones for the Building Division to improve customer service in the field.
8. BCR #00/13 - $2,162 – Public Safety – EMS/911 – Fund 12500 – Emergency 911 Fund. Funds are requested to cover an increase in maintenance fees that occurred between the time of budget preparation and October 1, 1999.
9. BCR #00/14 - $495 – Planning and Development – Administration: Fund 00100 – General Fund. Additional funds are needed to purchase a pool car for Planning and Development. The bid came in higher than originally quoted.
10. BCR #00/16 - $40,000 – Public Works – Engineering: Funds 11500/12605 – Infrastructure Tax Fund/South Central Impact Fee Fund. Transfer of funds for revised signal design, turn lanes and drainage system to facilitate right-of-way acquisition.
11. BCR #00/17 - $95,000 – Community Services – Community Assistance: Fund 11903 – Substance Abuse Fund. Byrne Grant funding awarded to the State Attorney and Court Administration were incorrectly placed in account line Aid to Other Government Agencies, and should have been placed in Aid to Private Organizations account line.
12. BCR #/018 - $1,200 – Administrative Services – Fleet: Fund 00100 – General Fund – Accounting adjustment only, to place funds for furniture into the appropriate account line.
13. BCR #00/19 - $2,900 – Administrative Services –
Support Services: Fund 00100 – General
Fund – Accounting adjustment only, to place funds for furniture into the
appropriate account line.
14. BCR #00/22 - $1,500 – Planning and
Development – Building: Fund 10400 –
Development Review Fund. Additional
funds are needed to purchase five replacement vehicles. The bid came in $300 higher on each vehicle
than originally quoted.
15. BCR #00/23 - $23,927 – Planning and
Development – Building: Fund 10400 –
Development Review Fund. Funds are
requested to establish a refund line for permit fees, etc., in the Building
Division budget.
16. BCR #00/24 - $31,996 – Fiscal Services –
MSBU: Fund 16000 – MSBU Fund. To appropriately budget for the Coach Light
Estates Street Lighting Construction project.
This BCR is contingent upon the approval to create the Coach Light
Estates Street Lighting Construction district being presented to the Board of
County Commissioners during a public hearing held at 7:00 p.m. on December 14,
1999.
17. BCR #00/25 - $60,570 – Fiscal Services –
MSBU: Fund 16000 – MSBU Fund. To appropriately budget for the Springs
Landing Street Lighting Construction project.
This BCR is contingent upon the approval to create the Springs Landing
Street Lighting Construction district being presented to the Board of County
Commissioners during a public hearing held at 7:00 p.m. on December 14, 1999.
18. BCR #00/26 - $2,287,838 – Environmental
Services – Water and Sewer: Fund 40100 –
Water and Sewer Fund. Funds are
requested for Heathrow Water Treatment Plant expansion and transmission system
improvements.
19. BCR #00/28 - $51,317 – Public Safety –
Administration: Fund 00100 – General
Fund. Set up and fund expenditure
account lines to support the system wide training program for EMT’s and
Paramedics. Revenues are received into
the General Fund.
20. BCR #00/29 - $30,987 – Public Safety –
EMS/Fire/Rescue: Fund 12800 – Impact
Fee. Request capital redesignation for
the purchase of nine (9) automatic vehicle locators. Contingent upon approval of rebudget
amendment on December 14, 1999.
21. BCR #00/30 - $96,823 – Environmental
Services – Solid Waste: Fund 40201 – Solid Waste Fund. To transfer funds from operating
rental/leases to principal and interest line items to fund capital leases of
road tractors.
22. Budget Amendment Resolution #99-R-160, as
shown on page _________, in the amount of $1,705,888, Public Works –
Engineering: Fund 11500 – Infrastructure
Surtax Fund. To recognize anticipated
receipt of revenues for city utility relocation projects, which were not
completed in FY 98/99.
26. Approve
and authorize Chairman to execute Satisfaction of Lien, as shown on page
________, for Jack L. and Catherine
E. Harward for the Chula Vista Road Restoration Municipal Service Benefits
Unit.
29. Award FC-188-99/BJC
Contract, as shown on page ________, Northwest Wetlands (Yankee Lake)
Modifications, to Prime Construction Group, Inc., Orlando ($227,500.00).
30. Award FC-192-99/BJC
Contract, as shown on page _________, Lake Mills Road Project, to Ranger
Construction Industries, Inc., South Daytona ($229,921.65).
31. Approve Change
Order #2 to FC-164-99/BJC, as shown on page ________, Consumers Water Treatment
Plant Interim Wells 6 & 8, with Wharton-Smith, Inc., Lake Monroe ($2,858.00
(Time Extension).
32. Approve Change
Order #3 to FC-170-99/BJC, as shown on page ________, Midway Paving and
Drainage Improvements Project, with Cathcart Contracting Corporation, Oviedo
($24,913.41)(Time Extension).
Professional Services
33. Approve Amendment #4 to Work Order #2 to PS-143-94/BJC, as shown on page ________, Consumers Water Treatment Plant Engineering Services, with Black and Veatch, Tampa ($163,134.00).
34. Approve Amendment #4 to PS-331-95/BJC, as shown on page ________, Design Services for Lake Drive (Seminole Boulevard to Tuskawilla Road) with Lochrane Engineering, Inc., Orlando ($47,188.00).
35. Approve Amendment #3 to PS-505-97/BJC, as
shown on page ________, Consultant Design Services for Seminola Wekiva Trail,
Sections 2 and 3, with Regional Engineers, Planners and Surveyors, Inc.,
Orlando (Time Extension).
36. Approve Amendment #2 to Work Order #8,
PS-518-98/BJC, as shown on page _________, Lake Ann Outfall Project, with
Inwood Consulting Engineering, Inc., Orlando ($10,575.02) and waive the
Purchasing Code 220.63 – Process C requirement.
Telecommunications
40. Approve and authorize Chairman to execute the Fiber Optic Communication Network Interlocal Agreement (FOCN), as shown on page ________, setting forth terms and conditions associated with provisions for the shared use of the FOCN by the City of Lake Mary.
42. Approve and authorize Chairman to execute Economic Development Agreement, as shown on page _______, between Sandefur & Associates, Inc. and Seminole County for the Boulevard Plaza Redevelopment Project proposed for the northwest corner of U.S. 17-92 and Lake Mary Blvd.
Comprehensive Planning
43. Approve and authorize Chairman to execute a Subrecipient Agreement, as shown on page _______, with the Greater Seminole County Chamber of Commerce, Inc. (“the Chamber”) to provide down payment assistance to lower income households during the calendar year 2000.
44. Approve and authorize Chairman to execute funding Agreement, as shown on page ________, with the Orange County Housing Finance Authority (“the Authority”) to provide a loan of $550,000 of SHIP Program funds to provide low interest, bond-matched mortgages for lower income households in Seminole County.
45. Approve and authorize Chairman to execute a Satisfaction of Second Mortgage Note, as shown on page ________, to Walter and Tammy Porzig.
46. Approve and authorize the Chairman to execute a Subrecipient Agreement, as shown on page ________, with the Wyman Fields Foundation in the amount of $480,000 for the development of elderly/disabled rental units in the Hamlet.
47. Approve and authorize Chairman to execute the Conceptual Approval Agreement, as shown on page ________, from the Florida Communities Trust to continue the acquisition process for a 124.17 acre parcel located on the St. Johns River and Lake Harney, known as the Lansing Property.
Development Review
48. Approve Release and Cancellation of Letter of Credit issued by First Union National Bank for completed intersection improvements to Lake Emma Road and Lake Mary Boulevard associated with the Primera DRI (James E. Long, Commissioner of Insurance for North Carolina, developer).
TOURISM DEVELOPMENT
49. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and Triple Crown Sports, Inc., in the amount of $2,750.00.
50. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and Seminole Soccer Club, Inc., in the amount of $20,000.
51. BCR #00/31 in the amount of $163,800, Fiscal Services/MSBU: Fund 16000, to appropriately budget for balance due on Contract #FC-154-98/BJC (Stage Door II, Inc.) for Dixon Road Paving and Drainage MSBU project.
Districts 1, 2, 3, 4 and 5 voted AYE.
DEPARTMENTAL REPORTS
REGULAR AGENDA
COUNTY MANAGER
Commissioner Morris left the meeting at this time.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize transferring two staff assistant positions from Library & Leisure Services to (1) Planning & Development - Building, and (1) to Administrative Services - Facilities Maintenance; and to authorize the County Manager to effect the necessary Budget Change Request to accomplish these staffing changes.
Under discussion, the Chairman commended Suzy Goldman, Director of Library & Leisure Services for effecting this reallocation.
Districts 1, 3, 4 and 5 voted AYE.
PLANNING & DEVELOPMENT
CURRENT PLANNING
Senior Planner, Gary Schindler, addressed the Board to present the Final PUD Master Plan and Developer's Commitment Agreement for West Palm Valley Drive, Thomas Knickerbocker and Robert & Ann Swantek.
Commissioner McLain left the meeting at this time.
Mr. Schindler advised if the Board finds that the proposed plan complies with the 550' Econlockhatchee River setback line, as established in the Land Development Code, staff recommends approval of the plan and the Developer's Commitment Agreement.
Development Review Manager, Mahmoud Najda, addressed the Board to advise after further review of the Econ code, staff finds that the parcel in question meets Section 30-1087(i) of the zoning regulations, in that it is a parcel of record within the protection zone prior to the effective date of the code. Therefore, 550' setback line does not apply in this case.
Upon inquiry by Chairman Henley, Mr. Schindler advised with this issue being cleared up, staff would recommend approval.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final PUD Master Plan and Developer's Commitment Agreement, as shown on page _______, for West Palm Valley Drive, located on the north side of West Palm Valley Drive, east of Alafaya Trail and northeast of Park Road, Thomas Knickerbocker and Robert & Ann Swantek.
Districts 1, 3 and 4 voted AYE.
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Mr. Schindler presented the Final PCD Site Plan Review and Developer's Commitment Agreement for Lots 4 & 5 of South Park Business Center Subdivision, M&O Limited Partnership and Roger Owen. He stated staff has reviewed the plan and found that they comply with all requirements; therefore, staff would recommend approval.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final PCD Master Plan and Developer's Commitment Agreement, as shown on page ______, for Lots 4 & 5 of South Park Business Center, located on the south side of South Econ Circle, south of Econ River Place and west of Alafaya Trail, M&O Limited Partnership and Roger Owen.
Districts 1, 3 and 4 voted AYE.
PLANNING & DEVELOPMENT
COMPREHENSIVE PLANNING
Comprehensive Planning Manager, Colleen Rotella, addressed the Board to present the Option Contract for Sale and Purchase of the Lee Property for the Natural Lands Program. She advised this will fill in a gap in the Greenways and Trails System.
Commissioner Morris re-entered the meeting at this time.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute Option Contract for Sale and Purchase, as shown on page _______, of the Lee property, described as 115 acres joined on the northern boundary to the Little Big Econ State Forest.
Districts 1, 2, 3, and 4 voted AYE.
DEVELOPMENT REVIEW
Commissioner McLain re-entered the meeting at this time.
Principal Planner, Matt West, addressed the Board to present the Preliminary Subdivision Plan for Estates at Lake Myrtle located on the west side of Lake Emma Road approximately 1/2 mile north of Longwood Hills Road, CHC Development. He advised the applicant is requesting a waiver to the sidewalk requirement for a portion of the one street. That portion will abut a retention pond and staff does not object to the waiver as sidewalks will be provided elsewhere in the subdivision. He stated the applicant is also requesting a reduction of lot depths from 150 feet to 130 feet. He said the developer has offered to construct a six-foot high masonry wall, therefore, staff would have no objections to the lot depth reductions.
District Commissioner Morris questioned if the developer proposes heavy landscaping along the retention pond area. Whereupon, Mr. Cahill addressed the Board to state there will be effective landscaping along that area.
Motion by Commissioner Morris, seconded by Commissioner Maloy to approve the Preliminary Subdivision Plan for the Estates at Lake Myrtle located on the west side of Lake Emma Road, approximately 1/2 mile north of Longwood Hills Road, CHC Development; and to grant waiver to the sidewalk requirement and reduction of lot depths, subject to staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
ADD-ON
Mr. Dwyer presented the PCD Final Site Plan and Developer's Commitment Agreement for Bill Heard Chevrolet, located at the northwest quadrant of SR 46 and I-4, and on the east side of the realigned Oregon Avenue. He advised the property consists of approximately 25 acres. Staff has reviewed the proposed plan and agreement and has the following concerns: (1) Proposal to utilize outdoor speaker systems for sound amplification even though they are to be directed toward I-4; and (2) Request to utilize two pole signs that are 20' feet high.
Mr. Dwyer stated the staff feels that the sound amplification could be detrimental to the residential properties to the north and west. He said the applicant has indicated that they are exploring other options. The staff also recommends that the signs not exceed 15' feet in height in order to remain consistent with the SR 46 Corridor Overlay ordinance. Staff has no objection to the proposed amount of square footage for signage and the proposed 50' foot electronic message sign.
Commissioner McLain stated at the AutoNation dealership, they use a local calling system. He said he believes they need to stay within the SR 46 Overlay Ordinance. He explained he asked staff to put this item on the agenda as an add-on because the next meeting is not until January. He expressed his appreciation to staff for their quick response on this item.
Commissioner Morris expressed his concern about the 50-foot electronic message sign and asked how the brightness is regulated. Whereupon, Mr. Dwyer advised the sign must be on for at least five seconds and cannot be pulsating. However, the Code does not address illumination.
Martin Paulitkowski (phonetic), representing the developer, addressed the Board to state he is not a lighting expert and cannot advise the Board on how to regulate the illumination. He said he believes they are willing to work with the County so that the illumination does not become a problem.
District Commissioner McLain stated even though he asked for this to be pushed through quickly because of only one meeting in December, he believes more work needs to be done on the 50-foot sign. He said he would like to move the developer's agreement forward, but would like for the sign to be brought back to the Board after the staff and applicant do more work on it.
Mr. Dwyer stated he can structure the developer's agreement that the 50-foot sign is required to come back to the Board for site plan approval prior to the issuance of a permit.
Motion by Commissioner McLain, seconded by Commissioner Morris to approve the Final PCD Site Plan and Developer's Commitment Agreement, as shown on page ________, as amended, for Bill Heard Chevrolet, with staff recommendations concerning the outdoor amplification system and the 15-foot signs, with the stipulation that the 50-foot sign will come back to the Board for site plan approval and design at a later date; and to accept Amended Easement Grant for the purpose of maintaining, repairing and replacing underground sewer and water facilities.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER'S BRIEFING
Y2K STATUS REPORT
Al Hill and John Blackwood addressed the Board to give a very brief status report on Y2K. Briefing Document was received and filed.
Commissioner Morris suggested updating the citizens on New Year's Eve by SGTV.
Commissioner McLain left the meeting at this time.
CLERK'S REPORT - CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page ________, dated November 9, 16 & 23, 1999; Payroll Approval Lists, as shown on page _________, dated November 24 and December 9, 1999.
2. Chairman to execute the following Satisfactions of Judgement/Bail Bond Liens:
Lauren Marie Marino and Continental Heritage Ins. Co., #99003129MMA - $2,038
Myron B. Patterson and Lexington National Ins. Corp., #91004904MMA - $138
3. Official Minutes dated November 9, 1999.
Districts 1, 2, 3 and 4 voted AYE.
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The Board noted, for information only, the following Clerk's "received & filed":
1. Certificate of Title, as shown on page ________, for Lake Forest, Section 12A.
2. Work Order #3 to RFP-471-99, as shown on page __________, Lake Mary Boulevard, Phase III.
3. Work Order #9 to PS-522-98, as shown on page _________, Hillview Drive/Altamonte Springs Joint Planning Study.
4. Consultant Services Agreement (M-114-99), as shown on page _________, for the Lake Mary Library with GLE Associates, Inc.
5. Work Order #1 to RFP-471-99, as shown on page ________, County Road 427 Phases V and VI.
6. First Amendment to Work Order #11, PS-327-96, as shown on page ________, with WBQ Design & Engineering, Inc.
7. General Warranty Deed, as shown on page _________, by Grantor, Montgomery Square Homeowners’ Association, as per Settlement Agreement approved September 28, 1999.
8. Development Order, as shown on page ________, for Herman Fields Rezoning approved October 12, 1999.
9. Change Order #1 to FC-176-99, as shown on page _________, Roof Replacement of Health & Human Services Building.
10. Second Amendment to Traffic Segment County Program Agreement, RFP-403-97, as shown on page ________.
11. Work Order #2 to RFP-443-98, as shown on page ________, Historical Museum Windows.
12. Letter (Corrected Copy) to Chairman Henley from Clerk Maryanne Morse regarding the County’s contract award to Tomasso Food Service.
13. Cross Access Agreements and Grant of Easements, as shown on page _________, for Gallagher Office Building on Chapman Road project (2) and 7-11 at Lake Mary Boulevard and County Road 427 project.
14. Documents, as shown on page ________, submitted to the Record for the following: CR 46A, Phase III and II; Airport Boulevard, Phase III; Grant Line Road; CR 427, Phase I; SR 434/Markham Woods Road/Douglas Avenue; Lake Emma Road; and Charlotte Street.
15. Notices from the Florida Public Service Commission advising of hearings for Docket No. 980918-TC, Florida Bellsouth Telephone Company, and Docket No. 990649-TP, Investigation into pricing of unbundled network elements.
16. Bids as follows: FC-192-99, #236-99, and PS-548-99, as shown on page _________.
SHERIFF'S REPORT - CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize the following:
1. Approve and authorize Chairman to sign Grant Documents, as shown on page _______, for the Department of Treasury, Bureau of Alcohol, Tobacco, and Firearms, Gang Resistance Education and Training (G.R.E.A.T.) program in the amount of $84,000; and authorization to process all associated grant documents.
2. Approve and authorize expenditure from the Law Enforcement Trust Fund in the amount of $1,000 to contribute to “No Guns in School” Program.
3. Approve and authorize expenditure from the Law Enforcement Trust Fund in the amount of $14,000 to provide funding for Project Graduation to the seven Seminole County High Schools.
4. Approve and authorize expenditure from the Law Enforcement Trust Fund in the amount of $200 to Rock Lake Middle School for the drug-free, alcohol-free eighth grade graduation celebration.
5. Approve and authorize expenditure from the Law Enforcement Trust Fund in the amount of $14,750 to provide funding for the “Good Student Incentive Program” for Seminole County High Schools and the Seminole Community College Scholarship Program.
6. Budget Amendment Resolution #99-R-165, as shown on page ________, $8,322 – Fund 00101 – Police Education Fund. Approve actual revenues and expenditures for police education and training accounts. Year-end reconciliation.
7. Budget Amendment Resolution #99-R-166, as shown on page ________, $339,100 – Fund 12100 – Law Enforcement Trust Fund. Approve actual receipts for forfeiture accounts and associated expenditures. Year-end reconciliation.
8. For Information Only: $528,064 in operating transfers were made within the Sheriff’s Office budget in conjunction with FY 98/99 year-end closeout.
Districts 1, 2, 3 and 4 voted AYE.
--------
The Board, thereupon, recessed at 11:50 a.m., reconvening at 1:35 p.m., with all Commissioners (with Commissioner Morris entering late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to authorize the filing of the proofs of publication for this evening’s scheduled public hearings.
Chairman Henley advised the Board that as of this time, staff has not received the proof of publication for Item 3 (c).
Districts 1, 3, 4, and 5 voted AYE.
Request to rezone from UC (University Community) to PUD (Planned Unit Development); property located at the northeast corner of McCulloch and Seminole Avenue ROW, east of SR 434 (Alafaya Trail), and north of Orange/Seminole County Line, Phillip Emmer on behalf of owners Thomas Hamilton, Patricia Hamilton, Jill Hamilton and Mary Lynn Doyle.
Chairman Henley stated the Board was to take up the request by Mr. Emmer to have this request heard. He noted that there was a glitch in the advertisement and the recommendation was that this request be heard tonight rather than this afternoon.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to continue to 7:00 p.m. tonight, or as soon thereafter as possible, the public hearing to consider request to rezone from UC (University Community) to PUD (Planned Unit Development); property located at the northeast corner of McCulloch and Seminole Avenue ROW, east of SR 434 (Alafaya Trail), and north of Orange/Seminole County Line; as described in the proof of publication, Phillip Emmer on behalf of owners Thomas Hamilton, Patricia Hamilton, Jill Hamilton and Mary Lynn Doyle.
Commissioner Morris entered the meeting at this time.
Districts 1, 2, 3, 4, and 5 voted AYE.
Proof of publication, as shown on page __________, calling for a public hearing to consider request for approval of proposed compliance agreement regarding Heathrow Land Company, Ltd., Seminole County Comprehensive Plan Amendment, received and filed.
Deputy County Attorney, Lonnie Groot, addressed the Board to present the request. He stated this was a 15-acre addition to the Heathrow DRI. The Heathrow Land Company was the only intervenor in this case. He said the settlement was relatively easy because the Department of Community Affairs filed the case just to maintain a legal consistency relative to its position within the Wekiva River Protection Area. He advised the developer agreed to a 15’ landscape buffer with an agreed upon landscaping plan and that area is to be conveyed by a conservation easement to the County.
Attorney Janet Courtney, Lowndes, Drosdick, Doster, Kantor and Reed, representing Heathrow, addressed the Board to state this is actually referred to as a stipulated settlement agreement rather than a compliance agreement. She said this plan amendment was found to be in compliance by the County and sent to DCA, and it is in compliance now. She noted there is nothing they are doing to bring things into compliance. She related that although others had argued that five of the 15 acres contained native vegetation and the overall site was important in terms of its impact upon natural resources and habitat, the DCA members observed for themselves that over 10 acres had already been cleared and used for a horse pasture. They submitted an arbor report showing that the five acres were not native vegetation. She stated they are in support of the settlement agreement.
No one else spoke in support or in opposition.
The Speaker Request Form for Attorney Courtney was received and filed.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve proposed Compliance Agreement, as shown on page __________, regarding Heathrow Land Company, Ltd., Seminole County Comprehensive Plan Amendment.
Districts 1, 2, 3, 4, and 5 voted AYE.
Proof of publication, as shown on page __________, calling for a public hearing to consider request for approval of proposed compliance agreement regarding CFG Real Estate Group, Inc., Seminole County Comprehensive Plan Amendment, received and filed.
Mr. Groot stated negotiations have been going on for a long time with the developer, Department of Community Affairs, the local Sierra Club, the local Audubon Society, the Friends of Wekiva, and the statewide Audubon Society. He said there are still some fine-tuning type details going on with the negotiations as a result of some late comers, the Florida Department of Environmental Protection and the 1,000 Friends of Florida, becoming involved within the last few days. He said staff would like to have this matter continued to the 7:00 p.m. meeting. Mr. Groot said he has every expectation that everything will be resolved by 7:00 p.m. this evening.
No one spoke in support or in opposition to the continuance.
Motion by Commissioner McLain, seconded by Commissioner Morris, to continue to 7:00 p.m., or as soon thereafter as possible this same date, request for approval of proposed compliance agreement regarding CFG Real Estate Group, Inc., Seminole County Comprehensive Plan Amendment; as described in the proof of publication.
Upon inquiry by Commissioner Morris, Mr. Groot stated he heard from the 1,000 Friends of Florida for the first time after 8:00 a.m. this morning.
Districts 1, 2, 3, 4, and 5 voted AYE.
Staff advised Chairman Henley that the proof of publication for this hearing has now been received.
Fiscal
Services Director, Cindy Hall, addressed the Board to state this Budget
Resolution represents prior-year projects or items that were either encumbered
or purchase orders issued, or included CIP projects prior to October 1, 1999.
No
one spoke in support or in opposition.
Motion by Commissioner Morris, seconded
by Commissioner Maloy, to adopt Budget Amendment Resolution #99-R-162, as shown
on page __________, ($193,966,177) to reestablish the budgets for previously
approved capital projects and other specific items, as described in the proof
of publication; and authorize Chairman to execute same.
Districts
1, 2, 3, 4, and 5 voted AYE.
REZONE
FROM A-1 TO R-1AA/ROBERT AND SUSAN WHITSON
AND
JAMES AND ANN BUDDENDORF
Proof
of publication, as shown on page __________, calling for a public hearing to
consider request to rezone from A-1 (Agriculture) to R-1AA (Single Family
Dwelling); property located on the west side of E. Lake Brantley Road between
Wekiva Springs Road and State Road 434, Robert and Susan Whitson and James and
Ann Buddendorf, received and filed.
Senior
Planner, Gary Schindler, addressed the Board to state staff has reviewed this
item and is recommending the rezoning.
He said the rezoning is requested in order that the property may be
divided and a second dwelling may be built on the property. He stated the R-1AA zoning is necessary to
get the lot width.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris, to adopt Ordinance #99-67, as shown on page
__________, rezoning property located on the west wide of E. Lake Brantley Road
between Wekiva Springs Road and State Road 434; as described in the proof of
publication, Robert and Susan Whitson and James and Ann Buddendorf.
Districts
1, 2, 3, 4, and 5 voted AYE.
The following Communications and/or
Reports were received and filed:
1. Letters dated 11/29/99 to Mayors of all seven Seminole County cities from Chairman re: Crime Prevention through Environmental Design guidelines. (cc: BCC, Sheriff)
2. E-mail dated 11/24/99 to BCC from Gary Hughes, re: Opposition to apartments on Alafaya Trail. (cc: Co. Manager, Deputy Co. Manager, Comprehensive Planning, Current Planning)
3. Letter dated 11/18/99 to Kevin Grace, Co. Manager (with attachment) from Cynthia Bonham, Oviedo City Clerk, re: Annexation Ordinance #1095. (cc: Current Planning, Property Appraiser)
4. Copy of memorandum dated 11/19/99 to Sandy McCann, Recording Secretary, from Kathryn Brown, Senior Planner-One Stop Permitting, re: Submissions into County Records. (cc: Co. Manager, BCC, Environmental Services Director)
5. Corrected copy of letter dated 11/22/99 to Chairman from Maryanne Morse, Clerk of the Circuit Court re: Tomasso Food Service. (cc: BCC, Co. Manager, Co. Attorney, Assistant Co. Attorney, Fiscal Services Director, Deputy Co. Manager, Administrative Services Director, Purchasing Manager, Purchasing Contracts, Recording Secretary)
6. Letter dated 11/16/99 to Chairman from Bruce Pronovost, Mayor-Casselberry, re: Corner of SR 436 & Howell Branch Road. (cc: Casselberry City Commission, City Manager, Co. Manager, Deputy Co. Manager, BCC, Current Planning, Development Review)
7. E-mail dated 11/22/99 to BCC (with attached crime report) from Susan Eberle re: Crime in Apartments. (cc: Co. Manager, Deputy Co. Manager, Sheriff)
8. E-mail dated 11/22/99 to BCC from Larry & Lisa Craig re: Opposition to development along Alafaya Trail. (cc: Comprehensive Planning, Current Planning)
9. Notice of Longwood Land Planning Agency public hearing 12/8/99.
10. Copy of memorandum dated 11/22/99 to Maureen Landgraf, Analyst, through Henry Brown, Assistant Co. Attorney, from Keith Roark, Road Project Acquisition Manager, re: Direct Pay. (cc: BCC, Purchasing Manager)
11. Agenda for 12/7/99 Sanford Airport Authority Board Meeting.
12. Letter dated 11/30/99 to BCC (with attachments) from Randy Johnson, President/CEO, and Matt Mustoe, Seminole Co. Sports Marketing Manager-Central Fla. Sports Commission, re: Activities for October 1999.
13. Copy of facsimile dated 12/3/99 to John Dwyer, Current Planning Manager, from Dwight Saathoff re: Continuation for Brossier rezone. (cc: BCC, Co. Manager, Deputy Co. Manager)
14. Letter dated 11/29/99 to Chairman (with attached Resolution 99-26) from Patricia Northey, Volusia Co. MPO Chair, re: Support of GARVEE Bond Financing. (cc: BCC, Co. Manager)
15. Facsimile dated 12/5/99 to BCC from L. Sedak re: Keeping Chuluota Rural. (cc: Comprehensive Planning, Current Planning, Co. Manager)
16. Notice of City of Sanford Public Hearing on 12/16/99 re: Indian Trace Planned Development.
17. Memorandum dated 12/1/99 to BCC (with attached letter from Barbara Stiver) from Frances Chandler, Planning & Development Director, re: Aloma Woods Subdivision.
18. Copy of letter dated 12/2/99 to Michael Towers, CEO-Financial Corp., from Frances Chandler, Planning & Development Director, re: Public records request. (cc: BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Building Official, Planning & Development Technician, Deputy Co. Attorney)
19. Letter dated 11/27/99 to BCC from Karen Beal re: No Wake Zone on St. John’s River. (cc: BCC, Co. Manager, Co. Attorney, Sheriff)
20. Copy of letter dated 12/1/99 to Seminole Estate Property Owners (listing of individual owners attached) from Tony Matthews, Principal Planner-Comprehensive Planning, re: Upcoming Public Hearing. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Comprehensive Planning Manager, Current Planning Manager, Co. Attorney, Deputy Co. Attorney)
21. Copy of letter dated 11/30/99 to Eugene Williford, Oviedo City Manager, from Kevin Grace, County Manager, re: Sidewalks on CR 419. (cc: BCC)
22. Letter dated 10/23/99 to Chairman (with attached annual report) from John Koehler, District Manager-Fla. Department of Agriculture & Consumer Services, re: Fla. Division of Forestry accomplishments. (cc: BCC, Clerk of the Circuit Court, Larry Wood-Chief, Forest Protection)
23. Letters dated 11/18/99 from Ken Roberts, Public Safety Director, re: Appreciation for recent donations to the following: Sharon Meyer and Shirley Moon.
24. Letter dated 12/9/99 to BCC from Landon Hendricks re: Opposition to rezone on Hillview Drive. (cc: Comprehensive Planning, Current Planning)
25. Copy of letter dated 12/7/99 to Kevin Grace, Co. Manager from Eugene Williford, Oviedo City Manager, re: Additional expenditure for CR 419 sidewalk. (cc: BCC)
26. Minutes of 10/14/99 Tourist Development Council Meeting.
27. E-mail dated 12/12/99 to Chairman from Daniel Shannon re: Land Use Plan north of Hillview Drive. (cc: BCC, Comprehensive Planning, Current Planning)
28. Facsimile (unreadable) to BCC from Lawrence & Phyllis Mann re: Hillview Drive Land Use Plan. (cc: Comprehensive Planning, Current Planning)
29. Letter dated 12/11/99 to Chairman (with attachment) from Wanda Ostlie re: Opposition to rezoning north of Hillview Drive. (cc: BCC, Comprehensive Planning, Current Planning)
30. E-mail dated 12/10/99 to Chairman from Heather & Steven Conner re: The Future of Chuluota. (cc: BCC, Comprehensive Planning, Current Planning)
31. E-mail dated 12/11/99 to BCC from Susan Cross re: Brossier Project. (cc: Comprehensive Planning, Current Planning)
32. E-mail dated 12/12/99 to BCC from Michael & Sally Readling re: Opposition to Harling-Rose rezoning. (cc: Comprehensive Planning, Current Planning)
33. E-mail dated 12/12/99 to BCC from Anthony & Donna Rolland re: Final PUD for West Palm Valley Drive. (cc: Current Planning, Comprehensive Planning)
34. Letter dated 12/9/99 to Chairman (with attached response) from Bill Donegan re: Response to Susan Eberle. (cc: BCC, Co. Manager, Deputy Co. Manager)
35. Letter dated 12/9/99 to BCC from George Pownall re: Opposition to rezoning in Spring Valley area. (cc: Comprehensive Planning, Current Planning)
36. Letter dated 12/11/99 to BCC from George & Linda Lang re: Opposition to Hattaway rezoning. (cc: Comprehensive Planning, Current Planning)
37. Letter dated 12/9/99 to BCC from Warren & Vivian Birge re: Opposition to Hattaway land use change. (cc: Comprehensive Planning, Current Planning)
38. Letter dated 12/9/99 to BCC from G. Arthur Herbert re: Opposition to Hattaway rezoning. (cc: Comprehensive Planning, Current Planning)
39. Letter dated 12/13/99 to BCC from Mary Crager, President-Markham Woods Association, re: Improvements on Markham Woods Road, SR 434 & Douglas Road. (cc: Co. Manager)
40. Letter to BCC from Patricia Smith re: Defeating land use plan on Hillview Drive. (cc: Comprehensive Planning, Current Planning)
41. Letter dated 12/9/99 to Chairman (with attached proposed land development restrictions) from Bruce King, Spring Valley Farms Community Association re: Opposition to Hattaway/Butler PCD application. (cc: BCC, Bill Miller, President-SVFCA)
42. Facsimile to BCC from L.J. Raymond re: Opposition to rezone on Hillview Drive. (cc: Comprehensive Planning, Current Planning)
43. Facsimile dated 12/9/99 to BCC from Pauline Raymond re: Opposition to rezoning on Hillview Drive. (cc: Comprehensive Planning, Current Planning)
44. Facsimile dated 12/10/99 to BCC from Ronald Davis re: Opposition to Hattaway proposal. (cc: Comprehensive Planning, Current Planning)
45. Letter dated 12/9/99 to Lynn Vouis, Seminole Co. Attorney’s Office from William Davis, Giles & Robinson, re: Dodd Road Improvement Project. (cc: BCC, Road Project Acquisition Manager, Principal Engineer, Major Projects Manager)
46. Copy of letter dated 12/7/99 to Miranda Fitzgerald, Lowndes, Drosdick et al from Lonnie Groot, Deputy Co. Attorney & Frances Chandler, Planning & Development Director, re: Wekiva River Protection Area. (cc: BCC, Deputy Co. Manager, Comprehensive Planning Manager)
47. Petition to BCC from John F. & Sherry McKenna re: Opposition to Hattaway & Butler rezoning. (cc: Comprehensive Planning, Current Planning)
48. E-mail dated 12/9/99 to BCC from Betty Gilton re: Opposition to land use amendments. (cc: Comprehensive Planning, Current Planning)
49. Facsimile dated 12/10/99 to BCC from Dr. David Johnson re: Opposition to Hattaway land use plan change & Butler rezoning. (cc: Comprehensive Planning, Current Planning)
50. Copy of letter dated 12/7/99 to Sandra Gallagher & staff from Suzy Goldman, Library & Leisure Services Director, re: Appreciation for recent donation. (cc: BCC)
51. Identical letters dated 12/8/99 to BCC from John R. Hay, Sandra Hay, and Hazel Poole re: Seminole Co. Land Use plan change. (cc: Comprehensive Planning, Current Planning)
52. Copy of letter dated 12/7/99 to Robert Cortelyou, Director of Production-FDOT, from James Marino, SCEA Executive Director, re: Additional administrative allocation. (cc: Thomas Barry, Secretary of Transportation, James Ely, District Secretary-Fla. Turnpike, Woodrow Lawson, Turnpike Contractual Services, George Lovett, FDOT District V General Counsel, SCEA Board Members, Co. Engineer, SCEA Legal Counsel, Public Works Manager)
53. Copy of letter dated 12/8/99 to John Dwyer, Current Planning Manager, from Susan Eberle re: Supporting R-1AA zoning. (cc: Co. Manager, BCC, Planning & Development Director)
54. Facsimile letter dated 12/8/99 to BCC from Madonna Graham re: Opposition to Hattaway rezone. (cc: Comprehensive Planning, Current Planning)
55. Letter dated 12/6/99 to Chairman from Richard Mays, Pastor-First Baptist Church of Chuluota, re: Harling/Rose Amendment. (cc: BCC, Co. Manager, Deputy Co. Manager, Current Planning)
56. Letter dated 12/6/99 to Chairman from Larry Dale, City of Sanford Mayor, re: Naming the new 46A interchange. (cc: City Commission, City Manager, BCC, Legislative Delegation, Co. Manager)
57. Letter dated 12/6/99 to Chairman from Karen Brightman, Clerk to the Seminole Co. School Board, re: 2000 Value Adjustment Board Appointments. (cc: BCC, Co. Manager, BCC Records)
58. Memorandum dated 12/7/99 to BCC (with attached Draft Compliance Agreements) from Frances Chandler, Planning & Development Director, Lonnie Groot, Deputy Co. Attorney, & Robert Gebaide, Assistant Co. Attorney, re: Wekiva River Compliance Agreements. (cc: Co. Manager, Deputy Co. Manager, Comprehensive Planning Manager)
59. Facsimile letter dated 12/7/99 to Chairman from Susan Kairys-Courech re: Growth in Chuluota area. (cc: BCC, Co. Manager, Comprehensive Planning, Current Planning)
60. Letter dated 12/6/99 to BCC (with attached 11/19/99 letter to OOCEA from James Ely) from James Marino, SCEA Executive Director, re: Toll rates. (cc: Co. Manager, Co. Engineer, Public Works Manager)
61. Copy of letter dated 12/8/99 to Otis Gifford, Project Manager, & Hugh Sipes, Environmental Services, (with attached Joint Facilitation agreement) from Meredith Harper, Shutts & Bowen, re: Design & Construction of Grant Line Road. (cc: BCC, Co. Engineer, Environmental Services, Major Projects Manager, Co. Attorney, Deputy Co. Attorney)
62. Memorandum to BCC (with attachment) from Cindy Coto, Deputy Co. Manager re: Marketization Guidelines memo to Program Review Committee from Commissioner Maloy. (cc: Co. Manager)
63. Notice and agenda for 12/6/99 Seminole Co. Port Authority meeting.
64. E-mail dated 12/7/99 to BCC from Alex Green re: Wekiva River Protection area. (cc: Co. Manager, Deputy Co. Manager)
65. E-mail dated 12/5/99 to BCC from Stephen Anderson re: Opposition to Chuluota rezoning. (cc: Current Planning, Comprehensive Planning)
66. Copy of letter dated 12/6/99 to Sandy Robinson, Seminole Co. School Board Chairman, (with attached Release of Mineral Rights) from Chairman re: Yankee Lake property. (cc: BCC, Co. Manager, Deputy Co. Manager, Environmental Services Director, Planning & Development Director)
67. Contract for services, as shown on page __________, between Seminole Co. Parks & Recreation and David Weiss for umpire softball.
CHAIRMAN’S
REPORT
Commissioner
Henley recommended reappointment of Richard Harris as the District 4 rotating
appointment to the Planning and Zoning Board.
Motion by Commissioner McLain, seconded
by Commissioner Morris, to reappoint Richard Harris to the Planning and Zoning
Board as the District 4 rotating appointment for a term ending January, 2004.
Districts
1, 2, 3, 4, and 5 voted AYE.
-----
Chairman
Henley advised he asked Jack Wert, Tourism Director, to bring forth some recommendations
for filling vacancies on the Tourist Development Council. He referred to Mr. Wert’s memorandum
(received and filed) giving recommendations.
Chairman Henley stated CALNO has recommended that Cindy Gennell be
reappointed to the Elected Official seat.
Commissioner
Van Der Weide recommended Linda Marshall.
He suggested expanding this Board and have the County Manager and a
couple of at-large seats represented. He
asked the County Manager and Mr. Wert to give this some thought and report back
to the Board. Discussion ensued.
Chairman
Henley stated at times, the Council has had some problems making sure there was
a quorum.
Commissioner
Morris discussed with Mr. Wert the non-hotel seat on the Council and stated the
Courtyard Hotel is currently represented on the Council.
Commissioner
Morris recommended Walter Padgett to serve on the Council.
Motion by Commissioner McLain, seconded
by Commissioner Morris, to reappoint Cindy Gennell to the Tourist Development
Council.
Districts
1, 2, 3, 4, and 5 voted AYE.
Commissioner
Morris nominated Bill Beuret, representing Maison-Jardin Restaurant, to fill
the vacancy for the non-hotel seat on the Tourist Development Council. No other nominations were made.
The
Board, by a unanimous consensus,
appointed Bill Beuret, representing Maison-Jardin Restaurant, to the Tourist
Development Council.
Districts
1, 2, 3, 4, and 5 voted AYE.
Mr.
Wert advised the Board that by statute, the Tourist Development Council has
nine members, and he thinks a statutory change would be needed to add at-large
seats.
Chairman
Henley and Commissioner McLain concurred with Commissioner Van Der Weide to
have Mr. Wert look into adding to the membership for more flexibility on the
Council and to avoid problems with having a quorum.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
McLain stated a citizen asked why not post notices for hearings on the Internet
so that people, wherever they may live in the County, can see what public
hearings are being posted for the Board to hear.
Commissioner
Van Der Weide stated he supports this 100%.
Chairman
Henley said this is a good idea and staff might also want to post this
information on Government TV.
Mr.
Grace said he thinks staff can do this.
Commissioner Morris concurred with the idea for postings on the Internet
and Government TV.
Commissioner
Maloy said he thought the agendas for the different Boards were going to be put
on the Internet in the future also.
Whereupon, Deputy County Manager Cindy Coto advised that will begin in
January, 2000.
-------
Motion by Commissioner Maloy, seconded
by Commissioner Van Der Weide, to appoint George Noga to the Program Review
Committee; and adopt appropriate Resolution #99-R-163, as shown on page
__________, of appreciation to Paul Lovestrand.
Districts
1, 2, 3,4, and 5 voted AYE.
-------
Commissioner
Morris said some members of the Program Review Committee have communicated that
there seems to be a lot of discussion and lack of direction by the PRC. He said Commissioner Maloy tried to give some
direction. He thinks the Committee was
headed in the right direction one time, but there is a lack of understanding
about what the Board is saying to the Committee. He said it might not be a bad time to
consider a joint meeting with the PRC to discuss what their mission is. He recommended having a joint meeting or that
the Board have a workshop themselves.
Chairman
Henley said he thinks it is important for any committee that the Board of
County Commissioners take the time to properly charge the committee. He said the charge to the Committee should be
in writing so there is no misunderstanding on the Committee’s or the Board’s
part. Discussion continued.
Deputy
County Manager Cindy Coto stated the Program Review Committee members are
confused. The staff liaison attempted to
work with them and provided information.
The Committee received Commissioner Maloy’s memorandum and they were
concerned if that was the feeling of the Board of County Commissioners or the
individual Commissioner. She thinks for
the Committee to be successful, they need clear direction and she is not sure
all of the members have the same thoughts in mind with respect to what their
goal is. She explained to Chairman
Henley how staff prepared an orientation package for the members. Discussion continued.
Chairman
Henley stated if the Board is willing, he would like to move with Ms. Coto and
Mr. Grace to develop a process they hope the Committee can handle or look into
a process for the Board to adopt.
Commissioner Morris stated he thinks that is a fine idea.
Ms.
Coto stated she would be happy to contact the PRC Committee Chairman.
-----
Commissioner
Morris advised Better Living for Seniors of Seminole County has presented to
the County Commission the Philanthropic Wizardry Award for 1999.
-------
Commissioner
Morris stated the Board created the Bicycle Advisory Committee on Safety a few
months back and he made his appointments, but no one else has been
appointed. He asked the Commissioners to
make their appointments. He said this is a valuable committee.
COMMITTEE
REPORTS
Commissioner
Maloy reported on Lynx that there was some discussion about calls to reorganize
the Board. He said he spoke to Frankie
Callan, who said there are no plans to reorganize the Board.
-----
Chairman
Henley gave highlights (copies received and filed) of the last Metroplan Board
meeting and their workshop retreat. He
said he prepared a copy of the legislative program from Metroplan for the
Board’s information. Commissioner McLain
asked about the latest on regional transportation.
Chairman
Henley advised the funding to restudy the natural alignment never
happened. He said he thinks the
demonstration project on CSX is viable and perhaps affordable, and he doesn’t
think it is going away; but he doubts if anything much is going to be done
until after March. Commissioner Van Der
Weide concurred.
-------
Chairman
Henley advised there was a proposal for the disadvantaged transportation to add
$1.00 to $1.50 to the license in order to give more money for transportation
for the disabled. The Metroplan Board
took the position they were in favor of providing more money but were opposed
to increasing the tax on the licenses.
-------
The Board recessed at 2:40 p.m., reconvening at 7:04 p.m., this same date with all Officials, with Commissioner Van Der Weide being late, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Chairman Henley advised that the 1:30 p.m. Public Hearing Item #A.3.b., Department of Community Affairs v. Seminole County, regarding CFG Real Estate Group will be heard this evening between Items 6A and 6B.
Proofs of publication, as shown on page ________, calling for a public hearing to consider enacting an Ordinance to establish the Springs Landing Street Lighting Construction Municipal Services Benefit Unit and estimated assessments, received and filed.
Jennifer Bero, Street Lighting Specialist, addressed the Board to advise the total estimated up-front cost is $30,284.56. The estimated annual assessment per property owner is $104.34 per year over a 2-year period. She stated if paid up front, the estimated cost is $186.94.
Commissioner Van Der Weide entered the meeting at 7:08 p.m.
No one spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #99-69, as shown on page __________, establishing the Springs Landing Street Lighting Construction Municipal Services Benefit Unit and estimated assessments, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proofs of publication, as shown on page ________, calling for a public hearing to consider an Ordinance establishing the Coach Light Estates Street Lighting Construction MSBU and estimated assessments, received and filed.
Ms. Bero advised the total estimated up-front cost is $15,997.98 and the estimated annual assessment per property owner is $189.97 per year over a 2-year period. She stated the estimated cost for each property is $340.38 if paid in full up front.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #99-56, as shown on page __________, establishing the Coach Light Estates Street Lighting Construction MSBU and estimated assessments, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
ORDINANCE AMENDING CONSOLIDATED
STREET LIGHTING DISTRICT ORDINANCE
#98-57
Proofs of publication, as shown on page ________, calling for a public hearing to consider an Ordinance amending the Consolidated Street Lighting District Ordinance #98-57 adopted December 8, 1998, received and filed.
Ms. Bero stated the proposed ordinance includes the following three districts: Lake of the Woods, Lakehurst and Cameron Grove. This amendment will include an upgrade for the existing district. She stated service for the new street lighting districts will become effective October 1, 2000.
Upon inquiry by Commissioner Maloy, Ms. Bero advised the three districts went through the petition process. She stated Lake of the Woods was requested by the homeowners association and the other two were owned by the developer. Therefore, the petition process applied only to Lake of the Woods and that required a 55% approval, which was obtained.
William Gildart, 2205 Winnebago Trail, addressed the Board to state he and his wife own a small condo at the Ashwood Condominium Complex and have rented it out for one person occupancy. He stated he would like to keep this neighborhood as untraveled and quiet as possible and he doesn’t want to encourage traffic off of 17-92. He said he is not in favor of adding new lighting arrangements, which will help others and hurt his neighborhood. If the Lake of the Woods residents want more lights bordering their property, then they should pay for them.
Upon inquiry by Chairman Henley, Ms. Bero advised the lights that Mr. Gildart spoke of are within the condominium complex and they are not street lights. The proposed light district will come from 17-92 to Oxford Street. She stated the assessment is $5.23 per unit.
Elma Heischman, 1000 Lake of the Woods. Blvd., addressed the Board to submit a map (received and filed) of the Lake of the Woods area. She advised the small highlighted area on the map is the Ashwood Condominiums compared to the entire Lake of the Woods Street indicated in red. From 17-92 to Oxford Road it is ½ mile and there is a street light at Oxford and Lake of the Woods Blvd. She said there are a total of 19 lights surrounding her property and all of the streets are barely within her property line. She stated she doesn’t feel that she should have to pay for more street lighting when they already have lights for their streets and driveways. The school is located at the Oxford end of the Lake of the Woods buffer and it is well lit. There is a nursery school next to the school and there is a lot of traffic coming and going at all times during the day. She added she would suggest placing a sign at Oxford and 17-92 that says “no turn on red” and that should slow the traffic down. Since this area is a school district, a signal should be installed indicating that the speed limit is 10 mph.
Audrey Smith, 307 Dayberry Way, addressed the Board to state she is the President of the Lake of the Woods Homeowners Association. She stated there have been numerous nighttime accidents in the past year and these accidents have resulted in replacing entrance signs, benches, bushes, etc. Lake of the Woods is a shortcut for traffic avoiding the intersection of 17-92 and 436 and sooner or later a tragedy will occur. She added street lighting would discourage crime and she would urge the Board to approve the street lighting request.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Morris to adopt Ordinance #99-57, as shown on page _________, amending the Consolidated Street Lighting District Ordinance #98-57 adopted December 8, 1998, as described in the proof of publication.
Chairman Henley surrendered the gavel to Vice Chairman Maloy for the purpose of seconding the motion.
Discussion ensued between the Board relative to the petition process and the results of it.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
Commissioner Morris left the meeting at this time.
The gavel was returned to Commissioner Henley who assumed the position of Chairman.
RESOLUTION/METHOD OF COLLECTION
FOR NON AD-VALOREM ASSESSMENTS
Proofs of publication, as shown on page ________, calling for a public hearing to consider a Resolution adopting the Uniform Method of Collection for Non-ad Valorem Assessments pursuant to Florida Statutes, Section 197.3632, received and filed.
Gail Bigelow, Analyst, addressed the Board to present the request as outlined in the agenda memorandum.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to adopt appropriate Resolution #99-R-164, as shown on page _________, adopting the Uniform Method of Collection for Non-ad Valorem Assessments pursuant to Florida Statutes, Section 197.3632, as described in the proof of publication.
Districts 1, 3, 4 and 5 voted AYE.
REZONE/PHILLIP EMMER
Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from UC (University Community) to PUD (Planned Unit Development); property located at the northeast corner of McCulloch and Seminole Ave. ROW, east of SR 434 (Alafaya Trail), and north of the Orange/Seminole County Line, Phillip Emmer on behalf of owners Thomas Hamilton, Patricia Hamilton, Jill Hamilton and Mary Lynn Doyle, received and filed.
Gary Schindler, Senior Planner, addressed the Board to present request as outlined in the agenda memorandum.
Commissioner Morris reentered the meeting at this time.
Mr. Schindler stated when the property on the west side of Seminole Avenue was approved, there was a condition in the development order indicating that the overflow parking would be reflected on the east side. The applicant has agreed to 1.25 parking spaces per bedroom, however, he has asked that 57 parking spaces for the east and west side be deferred until they are needed. He stated staff doesn’t have a problem with this as long as there is a mechanism to determine if they are needed or some form of fiscal assurance ensuring that they would be built if needed. He added that Mr. Hal Kantor has submitted a revised development order and staff has reviewed the language and has no problem with this. He also referred to a December 13 memorandum (received and filed) relative to Dr. Randy Atlas’ letter regarding CPTED comments and recommendations. He stated staff has reviewed these comments and has not seen anything that would cause undue concern and has not received a response from Mr. Emmer as to how they plan to revise their development. However, they are in a preliminary phase and there will be a master plan phase and a response could come at that time.
Upon inquiry by Commissioner Maloy, Mr. Schindler advised Mr. Emmer and Mr. Fradkin have signed a letter indicating that they have agreed as to who will construct a portion of Seminole Avenue and the one-way exit road.
Upon further inquiry by Commissioner Maloy, Mr. Schindler advised Dr. Atlas did not have the plans for the east property and his comments were based on his review of the west site. He stated the comments on the west site are just as applicable as the east site.
Attorney Hal Kantor, Lowndes Drosdick Doster Kantor and Reed, addressed the Board to state the information derived through the Sheriff’s Office is something he will deal with during the master plan stage. He stated he agrees with staff recommendations and would like an opportunity to respond to any issues.
Upon inquiry by Commissioner Maloy, Phillip Emmer, applicant, addressed the Board to advise he believes they will begin construction of the road around the end of January.
Upon inquiry by Commissioner Morris, Attorney Kantor advised he will work out the policy-driven aspects relative to CPTED and lighting during the final master plan.
Upon inquiry by Commissioner McLain, Chief Deputy Sheriff Steve Harriett addressed the Board to advise he knows that growth is inevitable, but he wants to make sure that it is properly planned and safety concerns are considered. He stated he feels CPTED is an important aspect of crime prevention. It is not the intent of the Sheriff’s Office to delay the construction process but they would like to make sure that crime prevention is considered. He said the Sheriff’s office would like the access controlled so that traffic cannot cut off of McCulloch Road into the complex. He added the Sheriff’s Office is also looking at working with the developer, the architects and those who are concerned with this project. They could reduce and prevent the potential for law enforcement to respond after the fact and they may be able to save a life or two in the process.
Upon inquiry by Commissioner Van Der Weide, Chief Deputy Sheriff Harriett advised the goal behind CPTED is to reduce the opportunity for crime. He stated the County can work hand in hand with the community, the developer and architects to minimize crime.
Commissioner McLain stated this is a good faith effort through practical current planning to help reduce crime in these areas. There can’t be any guarantee that there will be crime free areas but these are things they are doing to try to reduce crime.
Chief Deputy Sheriff Harriett stated it is a measure to minimize the impact of crime in these areas and it will give them an opportunity to further enhance their partnerships. They are working hand in hand in a proactive manner with the construction, architectural and design industry.
Letters from area residents opposing Mr. Emmer’s rezoning request were received and filed.
No one else spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #99-58, as shown on page __________, to rezone from UC (University Community) to PUD (Planned Unit Development); property located at the northeast corner of McCulloch and Seminole Ave. ROW, east of SR 434 (Alafaya Trail), and north of the Orange/Seminole County Line, as described in the proof of publication, Phillip Emmer on behalf of owners Thomas Hamilton, Patricia Hamilton, Jill Hamilton and Mary Lynn Doyle; and approval of the Development Order, as shown on page ________.
Under discussion, Commissioner McLain stated he feels the best position to take is to wait and see on the first phase to see how it comes out and what kind of management they will have. He stated he understands the circumstances here, but he will not be supporting the motion.
Commissioner Maloy stated he would like to remind the Board that in the past there were a lot of concerns with this project. He said he has worked a lot with the surrounding neighborhood, Creekwood, and they were in support of the project. He stated he has not received any phone calls on this issue and he feels comfortable with it.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner McLain voted NAY.
FUTURE LAND USE DESIGNATION AMENDMENTS,
TEXT AMENDMENTS AND ASSOCIATED REZONINGS
Frances Chandler, Planning & Development Director, addressed the Board to introduce the Comprehensive Plan Amendments, Rezonings and Related Matters as outlined in the agenda memorandum.
AMENDMENT/REZONE/TEXT AMENDMENT/
Seminole County/Harling Locklin &
Associates
Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment 08-99SS.3 from Suburban Estates to Commercial; Rezone from R-1 (Single Family Dwelling) to PCD (Planned Commercial District); property located on the east side of CR 419 and south side of Lake Mills Road; and Text Amendment 99F.TXT3.7 to Urban/Rural Boundary, Seminole County/Harling Locklin & Associates, received and filed.
Dick Boyer, Senior Planner, addressed the Board to present request as outlined in the agenda memorandum relative to staff’s recommendations and analysis of the plan amendment and rezoning. He stated the Local Planning Agency (LPA) recommended continuing this item to the Spring Amendment cycle until the CR 419 corridor study is completed. He added the Department of Community Affairs (DCA) submitted their Objections, Recommendations and Comments (ORC) report and it indicated that there was no data to demonstrate compliance with discouraging urban sprawl. This amendment exhibits more than six of the Rule 9J5.0065 primary indicators. That means the amendment should have analysis and consider the extent and amount of frequency of each indicator. This amendment is not consistent with the Future Land Use Figure 2.9 and it is inconsistent with Future Land Use Element 2.11 and 2.11.1. He stated that staff’s responded to the DCA’s objection indicating that the applicant has submitted additional data and analysis addressing the DCA’s concerns. The analysis indicates that the proposed project provides needed neighborhood services within the Chuluota area. He further stated the Board directed staff to complete a study of the Chuluota area regarding the 20+ acres of land currently designated for nonresidential land uses. The consulting firms of Herbert Halback, Inc. and Real Estate Research Consultants were retained to assist in developing design standards and to undertake a market analysis of the potential for nonresidential land uses within the area. He introduced Mr. Owen Beitsch of Real Estate Research Consultants, Inc., advising he will make a brief presentation regarding the market assessment of the Chuluota area to determine the need for nonresidential uses.
Owen Beitsch, Real Estate Research Consultants, Inc., addressed the Board to state the purpose of the study was to estimate the demand in the Chuluota study area and to evaluate the Harling/Rose amendment as well. The main purpose of the study was to focus on the neighborhood urban uses. The study area contains about 5,000 acres, ranges from 64 and 79 in traffic zones. He stated his firm focused mainly on traffic zone 64 and 68 and that comprised of the existing village and the greater percentage of population in this area. The neighborhood requires services with a distinctly local orientation as opposed to those described as regional services. In trying to ascertain what is the most essential features in generating demand of retail services in the local level, he identified three. The first is population and he reviewed same. The second demand is the amount of disposal income for those households living in that trade area that they want to spend on these products and services. He stated in determining what the outcome would be in the analysis, he found out that by using these criteria, there is probably sufficient population in place to support between 50,000 and 60,000 sq. ft. of retail services today. A number of increase will be 63,000 sq. ft around 2003 and about 125,000 sq. ft. around 2010.
Upon inquiry by Commissioner Maloy, Mr. Beitsch advised the current square footage is about 11,000 sq. ft. As far as the impact is concerned, when they evaluated the determination they did not just look at square footage, but the underlining land necessary to support this type of development. With the low intensity type of activities, there is a requirement of 8-10 acres that might be necessary. In looking ahead, he would say that a potential of 60-70 acres might be needed by 2010 and three scenarios were prepared. Low square footage and high square footage would generate more than 60-70 acres by 2010. He said it has to be recognized that these are guidelines only. There are two to three sites in the existing service boundary that can accommodate retail uses. The next question is whether or not the currently designated areas for properties should be used in this fashion. The final question was how the contents and findings of the Harling/Rose issue fit within the context of the second study. He stated the Rose report estimated the need for about 38,000 sq. ft. and it fits well within the estimated demand of 55,000 sq. ft. He added that he feels that the long-term forecast is an issue that needs to be considered. There are two to three sites within the boundary areas that may accommodate the retail activity. The site designated in the study falls outside that area and a change is needed to accommodate this retail activity.
Hugh Harling, applicant, addressed the Board to advise there are nine residents here who would like to speak in support of this request. He submitted and briefly reviewed a booklet (received and filed) containing the same report submitted at their previous hearing and DCA’s comments relative to urban sprawl. He stated he is requesting that they be allowed to include in their signage a directional sign for the First Baptist Church of Chuluota, a directional sign for the Seminole County Trail and a directional sign for the Lake Mills Park.
Upon inquiry by Commissioner Maloy, Mr. Harling advised a residential unit is located diagonally south and west of the project and the lighting and signage will be at the northwest corner of Lake Mills Road and SR 419.
Commissioner Morris left the meeting at this time.
Upon further inquiry by Commissioner Maloy, Mr. Harling advised there would be no signage impact on any of the residential areas.
Commissioner Morris reentered the meeting at this time.
Mr. Carl Rose, Pickett Downs resident, addressed the Board to state he is the builder of the proposed Horseshoe Village Shoppes. He stated Horseshoe Village Shoppes will be wise and prudent planning and it will take care of the community’s needs by providing services for many people in the community. The village will maintain a country atmosphere and it will be clean, well-cared for and maintained.
Marie Rose, 1272 Gallant Fox Way, addressed the Board to state human beings often resist changes and the status quo. She stated all of Florida is growing and they cannot stop progress, but they can make wise decisions for their community. Businesses will be limited in the Horseshoe Village Shoppes because they are concerned about their families and children. She stated it is impossible to please everyone but wise decisions and planning for the future take courage.
Karen Nelson, 1800 Quiet Forest Trail, addressed the Board to state she is 100% in favor of the request. She stated everyone knows that sooner or later commercial property will be located along 419. The thing to do is not to control the commercial growth, but control the quality of commercial growth.
Chairman Henley called on Doug Capp to speak but he was not in attendance.
Scott Jumper, 420 E. 6th St., addressed the Board to state he has concerns with urban sprawl. He stated as the area continues to grow, there will be a time when it is not convenient to shop in Oviedo. He said he is looking forward to having these services just 5 minutes down the road. There is a bar located on the north side of the proposed project, a church is located to the east and a church did own the property to the south. The property just across the proposed project is the Girl Scout camp. He said he cannot see the proposed property being other than commercial.
Jimmie Beasley, 525 Willingham Road, addressed the Board to state he considers Mr. Rose a friend and an honorable man. He stated he agrees with Mr. Rose’s plans as it fits in with his lifestyle. He said he would prefer being in favor of a development that he likes rather than one he doesn’t like.
Chairman Henley called for Chris Ganoudis, but he was not in attendance.
Vicki Beasley, 525 Willingham Road, addressed the Board to state she is in favor of the request and she appreciates what Mr. Rose is trying to do. She stated she is opposed to any fast food restaurants.
Leigh McEachern, 2205 Snow Hill Road, addressed the Board to speak in favor of the request. He stated Bob and Karen Wittmer have conveyed to him their concerns about the lighting in the shopping village. The owner of Chuluota Grocery has conveyed to him his desire to fix up his building and pave the parking lot. Mr. Rose has committed to the owner of the grocery store that he will work with him in doing any improvement to his property. He stated Mr. Rose is working very hard to be sensitive to the needs and desires of the community.
Upon inquiry by Commissioner McLain, Colleen Rotella, Comprehensive Planning Manager, addressed the Board to advise the LPA’s recommendation relative to moving this item to the spring cycle was that staff would complete the entire study of nonresidential uses at that time. Discussion ensued.
Richard Mays, 136 Lake Crescent Dr., addressed the Board to state he is the pastor and a member of the Board of Trustees of the First Baptist Church of Chuluota. He stated he would like to set the record straight that Mr. Rose is not a member of his church and the church has never approved any property exchange with Mr. Rose. He said he has not discussed with Mr. Rose the association of a private school or assisted living facility on this property. He added his church does not see a need to take a stand for or against the proposed development of the site adjacent to their property. He submitted a letter (received and filed) clarifying his comments.
Kevin Grace, County Manager, left the meeting at this time.
Stanley Stevens, 377 River Woods Trail, addressed the Board to speak in opposition to the request.
Mr. Grace reentered the meeting at this time.
Mr. Stevens stated he travels 12 miles to a grocery store and he is happy being in the woods. He stated he has not spoken to many people in Chuluota who would not mind traveling in Oviedo to shop. He added the County Engineer indicated that you can put four lanes in with a turn lane, but you cannot put four lanes in along with sidewalks, curbs, gutters and turn lanes if there is only 100 ft. of right-of-way. When it comes to the point where a turn lane in is required, the entire buffer along the front will have to be removed. He stated staff and DCA says no to the request and if the Board is not going to listen to them, then fire them.
Darla Diab, 97 E. 7th St., addressed the Board to state she and her husband own and operate Chuluota Grocery and have done so for five years. She stated they take their business personally and they have acted on the feedback from the August meeting. She said she is opposed to the rezoning of the proposed property due to other commercial properties in that area that can be used for the development.
Upon inquiry by Commissioner Morris, Ms. Diab advised there is no truth that the applicant agreed to paving their parking lot and improving their building.
Ronnie Hawkins addressed the Board to state he has a problem with the whole process that is going on here. The residents in the area want to preserve the rural character and they do not want more development. She stated she is disturbed with the idea that people who live in the County will come to these meetings and then they are led in the wrong direction.
Bob Witmer, 695 Riverwood Trail, addressed the Board to read “The Grinch Who Stole Chuluota” (received and filed).
Karen Witmer, 695 Riverwood Trail, addressed the Board to continue reading “The Grinch Who Stole Chuluota”.
Kathleen Corbett, 118 E. 8th St., addressed the Board to finish reading “The Grinch Who Stole Chuluota”.
Sally Neider, 1700 CR 419, addressed the Board to state she is representing the Citrus Council of Girl Scouts. She referred to page 43 of the Comprehensive Plan Amendments Booklet referring to the nearest residential property being 350 ft. to the southwest. She indicated on the map the location of residential property surrounding the Girl Scouts property. She stated she feels that this development will impact the Girl Scouts property. The traffic on 419 already impacts their property and the light will also impact them. She said she would like to voice her objection to this development being so close to their property.
Eugene Stoccardo, 715 Wasserton Lane, addressed the Board to speak in opposition to the request. He stated Mr. Harling’s report indicates that there are a couple of rundown shops and the community needs an art studio, a florist or a pet store in this strip mall. He said Mr. Harling reports that this development would not develop urban sprawl and he is certain the residents would rather shop at the new strip mall rather than pay more for food.
Jay Zembower, 127 Big Oak Bend, addressed the Board to display and review a map showing the area lots.
Commissioner McLain left the meeting at this time.
Mr. Zembower stated this area has homes that range from $300,000 to $1 million and the majority of the people do not know that it exists because they have kept it rural. He stated he is opposed to anything commercial happening on this property because it is contrary to what their development was based on; it is going to directly impact at least two property owners; and the possibility of runoff. This issue is basically about money because property values are at stake as the existing property owners are going to lose money. This is about the way of life to raise children, the right of quiet residential areas, streets without congestion and an area without crime. He referred to and reviewed Supreme Court cases State of Louisiana vs. City of New Orleans relative to zoning laws, and New Motor Vehicle Board of California v. Orrin Fox Co. (all received and filed). The following Supreme Court cases, Village of Euclid, Ohio v. Ambler Realty Co., and Village of Belle Terre v. Boraas, were also received and filed. He stated Chuluota is a sanctuary for people and this area should not be zoned commercial, as it will butt up against a very prestigious neighborhood. He stated as the President of the Homeowners Association, he will not stand by while this property is developed.
Walter Cutler, 1810 So. County Road 419, addressed the Board to submit a Petition, as shown on page ________, in opposition moving the urban/rural boundary to allow the planned non-residential/commercial development at the corner and south of Lake Mills Road and CR 419. He stated he is the Vice President of the Southeast County Voters Association and he is a member of the Eastside Watchdog Group. He submitted and reviewed a booklet (received and filed) containing a picture of his residence, the site plan, pictures of the church property next door to him that is flooded and surrounding areas. He stated staff and the DCA is in opposition to the proposed request and he would recommend the Board use good judgment and vote against the request also.
Chairman Henley stated he received the following Written Comments from Susan Kairys-Courech with attached memo from Halford Welch; Raymond Courech; and Anne Cutler and they are in opposition to the request.
Michael Rich, representing C-Red, addressed the Board to state his objection to this project is primarily based on location and the precedent it would set with urban sprawl. He stated a model for a rural area would be more appropriate for this area rather than looking at department, grocery or furniture stores. There is a new commercial area at the corner of Lockwood and CR 419 in Oviedo. That service area is within 3 miles of Oviedo and that area can serve the residents in Chuluota.
Commissioner McLain reentered the meeting at this time.
Mr. Rich read the minimum criteria for compliance of Comp Plan Amendments (9J5.003). He stated the Rose parcel is a perfect example of “leapfrog” development and that is not the way Comp Plan Amendments are conducted. He added he doesn’t want precedent-setting urban sprawl in this rural area. The Harling/Rose amendment was considered and was rejected this past year, as it is inappropriate to be in the urban area.
Chairman Henley recessed the meeting at 9:40 p.m., reconvening at 9:50 p.m., with all Commissioners being present.
Chairman Henley stated Jolene Ammons has submitted a Written Comment Form opposing the request.
Chick Metcalf, 120 Big Oak Bend, addressed the Board to indicate on the map where his property is located. He stated he would like to know who owns the property behind his house because if the Board approves this request, that property owner will come back to the Board with a request to do something with his property.
A letter to Commissioner Henley from Susan Kairys-Courech was received and filed.
Mr. Harling stated the petition that he submitted at the last meeting had 146 signatures supporting the request. He stated all development in Seminole County that has left turn lanes are required to provide additional right-of-way. An alley to the back of his property runs down to the center of the trail and it is used for deliveries. Chuluota Grocery has already started to upgrade their facility based on competition coming into the area. He stated even though the Girl Scouts property is geared to children, it is a regional commercial operation that services the entire community. Lake Pickett Woods is designed to be a quiet place and some of their lots back up on CR 419, but the entire development was designed internally to create a rural atmosphere. The traffic continues to grow on CR 419 and the needs to service the local and traveling community increases over a period of time. He discussed the locational requirement the County has for the location of commercial property, leapfrog and stripping out an entire corridor.
Upon inquiry by Commissioner Maloy, Mr. Harling advised he has committed to no gas pumps, no fast food or drive-thru restaurants.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed. A Speaker Request Form from James Valin and a Written Comment Form from Cheryl Derfler were also received and filed.
Information on the Chuluota Study Area dated December 14, 1999 was received and filed.
District Commissioner Maloy stated one of the things that surprised him at the last public hearing was how the PCD was different than the standard C-1 or C-2 development. He stated he feels more comfortable with the conditions that have been mentioned tonight. He added he doesn’t see a concern here with the development affecting residential property values next door, the park to the north or even the Girl Scout property.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve Amendment 08-99SS.3 from Suburban Estates to Commercial; Rezone from R-1 (Single Family Dwelling) to PCD (Planned Commercial District); property located on the east side of CR 419 and south side of Lake Mills Road; and Text Amendment 99F.TXT3.7 to Urban/Rural Boundary, as described in the proof of publication, Seminole County/Harling Locklin & Associates.
Under discussion and upon Commissioner Morris’ request, Mr. Boyer reviewed what the conditions are associated with this.
John Dwyer, Current Planning Manager, addressed the Board to advise any conditions discussed this evening can be included in the development order.
Upon inquiry by Commissioner Morris, Colleen Rotella, Comprehensive Planning Manager, addressed the Board to advise the conditions would be reiterated as specific conditions and any conditions would be added to that.
At the request of Commissioner Morris, Ms. Rotella read the following conditions that were addressed at the first public hearing: No Drive-Thru Restaurants, Gas Pumps or Video Arcades; Operating Hours need to be specified; Trail Facilities will be incorporated as part of the Development Plan; and Architectural Standards will be kept as a rural character. She stated she would recommend taking a 5-minute break to give staff an opportunity to discuss the lighting, tree preservation, setbacks and signage issues with Mr. Harling and the District Commissioner.
The Chairman recessed the meeting at 10:10 p.m., reconvening at 10:20 p.m., with all Commissioners being present.
Commissioner Maloy clarified the following conditions on the property: Preservation of trees on site to be reviewed during the site plan approval; Hours of operation to be from 7:00 a.m. to 11:00 p.m.; Lighting would be limited to 20 ft. shoebox with illumination would not impact neighboring property and wall pack lighting on the buildings; at closing the lighting would be reduced to security only level (no overnight lighting in the parking lot); bathroom facilities and water will be provided for the trail facility; architectural standards will be a rural country standard; no outdoor storage, speakers or amplification; one sign will be on the northwest corner and no signs on the southwest corner; enhanced landscaping at the southwest corner as an additional buffer to residential; and uses identified in Exhibit B will be required with the elimination of public utility structures, amusement and recreation facilities, marine sales and service, and plant nurseries.
Upon inquiry by Chairman Henley, Commissioner Maloy stated he will include these conditions in his motion. Commissioner Van Der Weide agreed with those conditions.
Commissioner McLain stated when the Board reviewed the small area study, they spent a lot of time on the urban boundary and some people felt that the Board did not do the right thing. He stated the reason he supported this before was he wanted to see if this is the right thing to do. He said the concerns he has at this time is the small area study was just completed, staff does not support this, the LPA suggested continuing it until the Spring Amendment cycle, and the DCA has objections to it. He stated he believes the community of Chuluota needs commercial services so that the people do not have to travel four or five miles down the road to do some of their basic needs. He added he cannot support the motion for the reasons he just mentioned.
Commissioner Morris stated the commercial aspect of this property is why he can support the motion because the expansion of the utility district has been blocked. This area is truly neighborhood commercial, as it is not bringing in intensive national chains. He said he has a concern with the further expansion of the southeast corner of this project.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner McLain voted NAY.
DEPARTMENT OF COMMUNITY AFFAIRS
V. SEMINOLE COUNTY (Continued)
Continuation of a public hearing to consider Department of Community Affairs v. Seminole County, approval of proposed compliance agreement regarding CFG Real Estate Group, Inc., Seminole County Comprehensive Plan Amendment, as described in the proof of publication.
Lonnie Groot, Deputy County Attorney, addressed the Board to submit a revised compliance agreement, and a rezoning development order along with additional language to be added to the development order (received and filed). He stated the Department of Community Affairs (DCA) has been involved with this process as well as Keith Schue of the Sierra Club, President and Attorney of the Friends of the Wekiva, Sam Kendall of the Audubon Society, Mr. Charles Lee, Nancy Kline, Pat and Fred Harden, Debra Shelley of the Florida Dept. of Environmental Protection (DEP), and the developers and their attorneys. In addition, the offices of Dept. of Environmental Protection, Thousand Friends of Florida, Fish and Game Commission and the St. Johns River Water Management District have participated by telephone and by mail. He reviewed the facts the Board has done to protect the Wekiva River. He stated the compliance agreement that was distributed tonight has a few changes from the one that was distributed last week. The changes resulted from an issue about having standards for future plan amendments. The DCA and DEP were interested in having standards in the plan to be applied for future plan amendments. The environmental groups wanted no standards for future plan amendments. The application of standards to the CFG site is in the development order. The compliance agreement and implemented development order basically freezes the densities and land uses in the Wekiva River Protection Area until the Regional Planning Council concludes their study and the County addresses that study.
Ms. Chandler explained what the requirements are relative to the Wekiva Protection Act. She stated the Wekiva Protection area has about 20,000 acres and about 16,000 acres have already been built. There has been a lot discussion relative to this subarea because it does have provisions for increased densities. She enumerated the rural characteristics of the subarea. She stated the request before the Board tonight is to adopt a master plan for 2/3 of this land that is vacant. She stated staff has received correspondence (received and filed) from the Dept. of Environmental Protection requesting that the Board make findings of fact regarding each of the original 19 criteria that were in the plan amendment standards. Staff resolved that issue by including those in the development order. There was also some previous correspondence (not received and filed) from the Dept. of Environmental Protection to which staff has responded.
Keith Schue, representing the Central Florida Sierra Club, addressed the Board to state he would like to commend staff for their cooperation in attempting to get to an agreement. Many hours and days have been spent working in trying to come to an agreement. The one benefit to this plan is that a good portion of Yankee Lake will be a Recreation land use designation and valid language is added in this plan restricting roads to two lanes in different areas of the protection area. They are still working on some unsolved issues; therefore, the Sierra Club cannot take a position at this time. He submitted a letter (received and filed) from the Sierra Club relating to the overall compliance agreement.
Deborah Shelley, representing the Dept. of Environmental Protection (DEP), addressed the Board to state she is here to present a letter (not received and filed) on behalf of the DEP. She reiterated that the DEP remains somewhat concerned about resource protection and water quality issues within the East Lake Sylvan transition area and a paramount concern of 250% increase in density that could be permitted in the transition area. She stated the agency would like to continue early participation by agency and other interested parties in the decision-making process and specifically with the master plan for the CFG site.
Nancy Prine, 655 Terrace Blvd., addressed the Board to state she represents the Friends of the Wekiva. She submitted and read a letter (received and filed) from the Friends of the Wekiva River, Inc. indicating that they are withholding their comments due to recurring changes. She stated there are many concerns that are still being expressed relative to 2.5 units an acre and the proposals that are being made.
Upon inquiry by Commissioner McLain, Mr. Groot advised he received a letter from DEP last Friday and he and DCA were surprised with their concerns. He stated he believes staff has responded to the concerns that DEP submitted.
Pat Harden, representing 1000 Friends of Florida, addressed the Board to read into the Record a letter (received and filed) from the 1000 Friends of Florida relative to their concerns to the remedial amendment. She stated due to the rush of this project, she believes some of the agencies have not had an opportunity to comment on these amendments.
Mr. Groot stated he believes there have been a lot of opportunities for any agency to be involved. The Department of Community Affairs (DCA) is the State land planning agency and it is being charged with the enforcement of the Wekiva River Protection Act. This issue has been addressed for at least a year.
Ms. Harden advised a lot of these agencies will not comment on amendments unless they are requested to.
Attorney Ken Wright, representing Shutts & Bowen, addressed the Board to state he visited the DCA to explain the entire project to them so they would be familiar with it when they reviewed it. He stated he doesn’t know why DEP felt they were out of the process because he knows that the St. Johns River Water Management District has participated in all of the meetings. He said additional language was provided to make sure that the 19 criteria are site specific to the development order and have no effect upon setting any kind of precedent regarding any future projects. He added he concurs with Mr. Groot’s comments and he feels that this compliance agreement deals with the issues.
Charles Lee, representing the Florida Audubon Society, addressed the Board to speak with regard to how to achieve the balance between the 2½ units per acre inside the transitional area verses the Wekiva River Protection Zone. He discussed the concerns that the environmental groups have. He reviewed the transportation issue relating to SR 46 and he suggested that a policy be rewritten for the criteria in the red area of the Wekiva Protection Zone. He recommended adding the following: “Four or six lanes roads will not be allowed through the Wekiva River Protection Area”. He submitted and recommended that the following wording (received and filed) be added to Exhibit G: “Roads shall be maintained with a maximum of two through lanes”. He also submitted the following wording (received and filed) to Exhibit H: “The position of Seminole County shall be that the portion of SR 46 west of Interstate Highway 4 which is currently two lanes in width should not be expanded beyond the current two lane configuration”. A lengthy discussion ensued.
Clarence Metzler, 739 Mallard Dr., addressed the Board to state he has concerns relative to limiting the lots split in Seminole Estates Subdivision.
Frank Shelton, 14 Stone Gate North, addressed the Board to state he feels the Comprehensive Plan is being raped and he keeps coming back representing the Markham Woods Association to keep reiterating that he is against clustering of homes. He stated if the Markham Woods Association hadn’t kept working with the Board in keeping the lots in the area one acre, the Wekiva River wouldn’t be worth saving. The trees in each of the developments in Alaqua Lakes and Magnolia plantation were wiped out and that is inexcusable. Clustering should only be done when there is an absolute provable situation where it protects the environment. The density of the whole Wekiva River Protection Act and the rest of the Markham area should be minimum one-acre lots and encroaching should be stopped. Suburban Estates should never have been changed to allow PUDs under 30 acres. He stated lower density should be encouraged and the wording should be changed. He added he feels that trail design should apply throughout the County.
Commissioner Maloy left the meeting at this time.
Sam Kendall addressed the Board to state he would suggest the Board not approve this issue due to Policy #2.9.9 as it is a two tiered policy. He requested the Board to postpone this issue and continue to work with the Planning Council.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the proposed Compliance Agreement, as shown on page ________, regarding CFG Real Estate Group, Inc., Seminole County Comprehensive Plan Amendment, including Exhibit G submitted by the Audubon Society, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
TEXT AMENDMENTS TO THE DEFINITION
SECTION AND FUTURE LAND USE ELEMENT OF
THE SEMINOLE COUNTY COMPREHENSIVE PLAN
Proofs of publication, as shown on page ________, calling for a public hearing to consider Text Amendments to the Definition Section and Future Land Use Element of the Seminole County Comprehensive Plan – 99F.WRPA.TXT 1-15, Wekiva River Protection Area, received and filed.
Mr. McMillan advised that all of the comments made at the previous item will be considered as part of the record for this item.
Miranda Fitzgerald, 215 No. Eola Drive, addressed the Board to state a compromise language has been worked out on the amendment which is Exhibit P. She submitted a caveat (received and filed) and requested the following be added: “an incidental take of species shall not be allowed unless the Florida Fish and Wildlife Conservation Commission determines that a particular group of animals on the site cannot be relocated or benefited on-site preservation due to disease”.
Rob Gebaide, Assistant County Attorney, addressed the Board to state there is room to make minor amendments tonight. He advised this language has been worked out with staff and the environmental groups.
Keith Schue, Sierra Club, stated he would like to make it clear that his comments for the compliance agreement also relate to the Text Amendments.
No one else spoke in support or in opposition.
Speaker Request Forms from Deborah Shelley, Nancy Prine and Pat Harden were received and filed.
Written Comment Forms from Irene Shelton, Deborah Shelley, Jack Hannahs, and Viany Munoz were received and filed.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve Text Amendments to the Definition Section and Future Land Use Element of the Seminole County Comprehensive Plan – 99F.WRPA.TXT 1-15, Wekiva River Protection Area, as described in the proof of publication, including policy Amendment 2.14.9.
Districts 1, 2, 3, 4 and 5 voted AYE.
AMENDMENT/REZONE/Pelham & Keen
Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment 99F-FLU1 from Suburban Estates to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Orange Blvd. and north and south of Ohio Avenue, Dan and Rebecca Pelham/Allan Keen, received and filed.
Cindy Matheny, Senior Planner, addressed the Board to state staff is recommending approval of the land use amendment with findings that Planned Development: (1) Would be consistent with the locational criteria of the County’s Comprehensive Plan relating to Planned Development land use at low density residential densities; (2) Would be compatible with development trends in the immediate area; (3) Would be consistent with adjacent Suburban Estates land use; (4) Would provide for appropriate transitional land use; and (5) Would be consistent with Plan policies identified at this time and therefore is consistent with the Seminole County Comprehensive Plan. She stated staff is recommending approval of the rezoning subject to: (1) Maximum number of dwelling units to be 275, with 47 of those units permitted within the Wekiva River Protection Area; (2) Revise the plan to meet the buffer standards of the Astor Farms Compliance Agreement. She stated this has been done and is consistent with the agreement and, therefore, is no longer needed, (3) Incorporate the provisions of the Astor Farms Compliance Agreement. A revised development order was received and filed.
Hugh Harling, representing the applicant, stated he concurs with staff comments and he will be glad to answer any questions.
Keith Schue spoke in support of the future land use amendment and rezone.
Faith Jones, 763 Mallard Dr., addressed the Board to state she is representing Seminole Estates and she is in support of the request. She stated she is opposed to any trails that would connect to any of the roads to their subdivision.
Chairman Henley stated he has received a written comment from Nancy Prine supporting the request.
Monte Shoemaker, 5376 Ohio Ave., addressed the Board to state he was opposed to this development and the owners have made numerous concessions. He indicated on the map the location of Seminole Estates and he stated to get to Riverside Ranch now is nearly impossible to do unless land is dedicated to allow them to get there.
Clarence Metzler stated he owns a 5-acre lot in Seminole Estates. He stated he would like to keep Lexington Street closed but he would like a crash gate be placed there so that emergency vehicles can get in and out.
Mr. Harling stated he would be happy to cooperate with the District Commissioner and Mr. Shoemaker with regard to the trail system. He stated he can work a crash gate easement into the design.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Amendment 99F-FLU1 from Suburban Estates to Planned Development; property located west of Orange Blvd. and north and south of Ohio Avenue, as described in the proof of publication, Dan and Rebecca Pelham/Allan Keen, with staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner McLain, seconded by Commissioner Morris to approve Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Orange Blvd. and north and south of Ohio Avenue, as described in the proof of publication, Dan and Rebecca Pelham/Allan Keen, and approval of the Development Order, as shown on page _________.
Districts 1, 2, 3, 4 and 5 voted AYE.
AMENDMENT/REZONE/CFG Real Estate Group
Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment 99F-FLU2 from Suburban Estates to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located north of Markham Road, south of South Sylvan Lake Drive, and 2000 ft. west of Orange Blvd., CFG Real Estate Group, Inc., received and filed.
Commissioner Maloy left the meeting at this time.
Ms. Matheny stated staff recommends approval of the land use with findings that Planned Development land use: (1) Would be consistent with the locational criteria of the County’s Comprehensive Plan relating to Planned Development land use at low density residential densities; (2) Would be compatible with development trends in the immediate area; (3) Would be consistent with adjacent Suburban Estates and Planned Development land use designations; (4) Would provide for appropriate transitional land use; and (5) Would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan.
Ms. Matheny stated staff recommends approval of the rezoning subject to: (1) At the time of final PUD master plan, the developer must demonstrate that additional performance criteria are met which would justify a maximum density of 2.5 dwelling units per acre. If this is not accomplished, the density would be reduced accordingly in a manner to be determined by staff; (2) Provision of conservation easements to the appropriate public agency over post-development floodprone areas, and the entirety of the wildlife corridor/open space tract; (3) Any intersection improvements at Markham Woods Road and Markham Road identified by the County Engineer prior to final PUD master plan approval as improvements necessitated by this developer shall be constructed by, or paid for, by the developer; and (4) The developer to provide left and right turn lanes, as required by the County, at both project entrances. She noted the development order has been modified to include all of the conditions. She stated the legal description attached to several of the documents covers one area and that has been modified. A new legal description will be attached to the development order to reflect the true acreage. The applicant has requested that 5 ft. side setbacks be permitted on some of the lots to provide flexibility of trees, and staff has no objections to that provided that it stems on a case-by-case or lot-by-lot basis.
Attorney Ken Wright, representing the applicant, addressed the Board to state he concurs with staff recommendations.
Keith Schue, representing the Sierra Club, stated he would like to state he believes a paragraph has been added to the end of the development order.
Commissioner Morris reentered the meeting at this time.
Ms. Chandler stated that is the paragraph that Mr. Groot pointed out to the Board earlier and that is part of the document.
Mr. Schue read his comments into the Record.
Warren Davis, 6980 S. Sylvan Lake Dr., addressed the Board to speak in opposition to the request. He stated after listening to the speakers, the Board action, and watching development coming into the Wekiva area and other areas of the County, he has come to the conclusion that the Board is pro development. He said this new developer is proposing homes with 70 or 120 ft. lot sizes to completely cover the south of Sylvan Lake Drive. He spoke with regard to the wildlife in the area and how they should be protected. He urged the Board to decrease the density of the homes to one home per acre and give some of the land to the wildlife and for human quality of life. He spoke with regard to the impact on schools, fire and police protection. He added the developer should agree, by putting in writing, never to put an entrance on South Sylvan Lake Drive.
Upon inquiry by Commissioner McLain, Ms. Chandler advised the original site plan did not include the western portion. She stated the request was to master plan as much of the vacant land and the developer was able to purchase that land and add to a development order to accommodate DCA’s goals of placing a corridor on the western boundary and to preserve some of the frontage along the roadway.
Nancy Prine, Friends of the Wekiva river, Inc., stated she would like to enter her comments into the Record (received and filed).
Pat Harden stated she will submit the same letter (received & filed) she read into the Record earlier.
Deborah Shelley stated she would like to reiterate the DEP’s concerns relative to the 250% increase in density of the East Lake Sylvan transition area. She stated at the time of the settlement agreement, the DEP was not involved in several of the meetings and they are willing to discuss any aspect of any development with staff.
Charles Lee stated he is in opposition to the request.
Ross Bieling, 7000 So. Sylvan Lake Dr., addressed the Board to state So. Sylvan Lake Dr. is a dirt road and it is well traveled.
Commissioner Maloy reentered the meeting at this time.
Mr. Bieling stated Orange Blvd. is a two-lane road and the traffic has increased due to the new interchange and Heathrow area. He stated he would like to know if staff has done any research relative to the number of actual homes or residents and the response time needed. He spoke with regard to the increased traffic off of the interchange and the increased number of homes.
Chairman Henley stated the following have submitted written comments: Linda Davis, Jack Hannahs, Warren Davis and Irene Shelton.
Frank Shelton stated as President-elect of the Markham Woods Association he would like to express his adamant opposition to this project. He stated the road in the area will not be able to handle this kind of density.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Amendment 99F-FLU2 from Suburban Estates to Planned Development; property located north of Markham Road, south of South Sylvan Lake Drive, and 2000 ft. west of Orange Blvd., as described in the proof of publication, CFG Real Estate Group, with staff findings and conditions.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner McLain, seconded by Commissioner Morris to approve Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located north of Markham Road, south of South Sylvan Lake Drive, and 2000 ft. west of Orange Blvd., as described in the proof of publication, CFG Real Estate Group, with staff findings, and approval of the Development Order, as shown on page _________.
Districts 1, 2, 3, 4 and 5 voted AYE.
AMENDMENTS/REZONINGS/Harling Locklin/
Watson/Seminole County/Rink Dvlpmt./
Bowyer Singleton/Gauss, Gibson
Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment 99F-ADM 5.1 from Office to Higher Intensity Planned Development-Target Industry, Amendment 99F-ADM 5.2 from Low Density Residential to Higher Intensity Planned Development – Target Industry, and Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development), Seminole County/Harling Locklin & Associates; Amendment 99F-ADM 5.3 from Low Density Residential to Higher Intensity Planned Development – Target Industry, Seminole County/Watson; Amendment 99F-ADM 1.1 from Suburban Estates to Low Density Residential, Seminole County; Amendment 08-99SS.2 from Suburban Estates to Planned Development, and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development), Rink Development; Amendment 99F-ADM 2 from Suburban Estates to Low Density Residential, Seminole County/Bowyer Singleton; and Amendment 99F-ADM 3 from Suburban Estates to Office, Seminole County/Richard Gauss, Mike Gibson, received and filed.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to continue to December 15, 1999 at 7:00 p.m., or as soon thereafter as possible the following requests: Amendment 99F-ADM 5.1 from Office to Higher Intensity Planned Development-Target Industry, Amendment 99F-ADM 5.2 from Low Density Residential to Higher Intensity Planned Development – Target Industry, and Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); Seminole County/Harling Locklin & Associates; Amendment 99F-ADM 5.3 from Low Density Residential to Higher Intensity Planned Development – Target Industry, Seminole County/Watson; Amendment 99F-ADM 1.1 from Suburban Estates to Low Density Residential, Seminole County; Amendment 08-99SS.2 from Suburban Estates to Planned Development, and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development), Rink Development; Amendment 99F-ADM 2 from Suburban Estates to Low Density Residential, Seminole County/Bowyer Singleton; and Amendment 99F-ADM 3 from Suburban Estates to Office, Seminole County/Richard Gauss, Mike Gibson.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner McLain left the meeting at this time.
AMENDMENT/REZONE/Harling Locklin
AMENDMENT/Rezone/Terry Butler
Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment 99F-ADM 13 from High Density Residential to Planned Development and Rezone from A-1 (Agriculture) to PCD (Planned Commercial District), property located in area east of SR 434, north of Hillview Dr. and west of Mathews Road, Seminole County/Harling Locklin & Associates; and Amendment 12-99SS.2 from Low Density Residential to Planned Development or Industrial and Rezone from A-1 (Agriculture) to PCD (Planned Commercial District), property located north of Hillview Drive and east of Mathews Road, Terry L. Butler, received and filed.
Mr. Boyer stated the Board gave direction at the August 1999 public hearing to amend the request to Planned Development land use designation for Amendment 99F-ADM 13 and for the property owner to process an associated rezoning from A-1 to PCD. In conjunction with this, the Board also gave direction to complete a special area study that evaluates the overall land uses and potential joint planning opportunities with the City of Altamonte Springs for properties within the Hillview Drive area. He stated staff has also received a Small Scale Plan Amendment and Rezoning request from Mr. Terry Butler adjacent to the Amendment 13 site. The LPA recommendations are included in the staff’s report. He introduced Bill Kercher from the firm of Glatting Jackson and advised Mr. Kercher will make a brief presentation relative to the results of this study.
Bill Kercher addressed the Board to indicate on the map the location of the site. He reviewed the vision for the area and the recommendations relative to Planned Development and rezoning. He recommended introducing non-residential uses into the area and protecting the surrounding area by applying the right conditions. He also recommended that staff look into traffic calming on Hillview particularly in the residential area.
Commissioner McLain reentered the meeting at this time.
Mr. Kercher stated water and sewer needs to be provided and the City of Altamonte Springs can provide same. He displayed and reviewed slides containing a variety of alternatives and ultimate recommendations, road network system, and potential traffic calming on Hillview.
Commissioner Morris left the meeting at this time.
Hugh Harling submitted a booklet (received and filed) containing the Hillview Small Area Study, Aerial Photographs, Zoning Map of the site and surrounding area, the site plan and a petition from residents supporting the development. He stated he is requesting that an adequate road system be established to get to Gateway Blvd., extending to the east and over to Maitland Center. He stated he would like to have the ability to have agriculture uses, as Mr. Hattaway has a horse operation adjacent to this and the ability to extend that is important to them. He added he would like to have the capability to open storage, provided they are buffered and screened properly. He said he has met with the homeowners associations in the area and there have been concerns with the children catching the school bus there. He stated they will provide an interim bus location and a covered bus stop at the southeast corner that will allow the buses and children to get away from Hillview Dr.
Upon inquiry by Commissioner McLain, Mr. Harling advised he is requesting the ability to have some limited truck traffic with a truck well. He said they are intending to come up with a design that will enable them to provide outdoor storage. The traffic coming to his facility will be smaller than 18 wheelers, such as office supply trucks making deliveries.
Commissioner Morris reentered the meeting at this time.
Upon inquiry by Commissioner Maloy, Mr. Harling advised the office showroom is a business activity that could be happening one side of the street and not on the other side of the street. Mr. Harling discussed with Commissioner Maloy the square footage and the buffering.
Commissioner Morris left the meeting at this time.
Bob Hattaway, 601 Hillview Dr., addressed the Board to state what he is trying to do with the property on the north side of Hillview Dr. is to expand the Adult Toys Storage business. He stated he feels the Green Acre Trailer Park will be closing within the next few months and there is not a location in Seminole County that will handle that many trailers or cars. He said he believes the Altamonte Springs property will be developed and his property to the south will be incorporated into the City. He added he would like to get into a position where they can go across the street to where the customer can park their own unit. He said there is the Altamonte Springs sewage plant to the south of Spring Valley.
Commissioner Morris reentered the meeting at this time.
Upon inquiry by Commissioner Maloy, Mr. Hattaway advised no one will be working on vehicles on his property.
Ms. Matheny advised staff is recommending approval of Mr. Hattaway’s PCD zoning request with the following development standards: (1) The permitted uses in PUD and PCD zoning districts are limited to include only residential (single and multi-family), Industrial (office showroom and warehouse – no outside storage and no loading docks), Office, and other uses as specified in Section 30.463 of the Land Development Code. She noted that the other uses include public uses, churches, daycare, public/private education, and remote parking. She stated staff would like to strike remote parking from the recommendation as it was not the intent in the Hillview study; (2) The height of any building should be limited to 35 ft. She clarified that would be a maximum of two stories; (3) Billboards shall not be permitted; (4) Subject to active/passive buffer requirements at the time of the final PCD site plan; and (5) Other development standards that are referenced in the PCD plan.
Ms. Matheny stated the other request is for an Amendment from Low Density Residential to Industrial and a Rezone from A-1 to PCD for Terry Butler. She stated staff recommends approval of the PCD zoning subject to: (1) Permitted uses in PUD and PCD zoning districts are limited to include only Residential (single and multi-family), Industrial (office showroom and warehouse – no outside storage and no loading docks), Office, and Other uses, with the remote parking be stricken; (2) The height of the building shall be limited to 35 ft.; (3) Billboards are prohibited; (4) Mathews Road be improved by the applicant to County standards from Hillview Dr. to the applicant’s north property line. She stated the applicant’s additional plan did show access on Mathews and that access has been eliminated. Traffic Engineering indicated that since he is not required to pave Mathews, he will be required to install a sidewalk along that frontage.
Terry Butler, 567 Hillview Dr., addressed the Board to advise he agrees with the changes in the area and the Hillview Study area. He stated the one thing he is opposed to is the outside storage. He added his property will accommodate some of the residents at Green Acres. He said he would like to know what side of the street will he need to install a sidewalk.
Ms. Matheny advised he would have to install sidewalks on both sides of Hillview and Mathews. She submitted a Petition, as shown on page _________, from Madonna Graham opposing the Hattaway and Butler rezonings.
Chairman Henley stated he received Written Comment Forms from the following opposing the Butler and Hattaway requests: Fernando & Priscila Amor; Daniel & Caryn Coultoff; Warren Birge; Elizabeth Lu; Vera Hagstrom; Roberta Smith; Vivian Birge; James Holsonback; Patricia Green; Elizabeth Lu; Vera Hagstrom; Wanda McConnell; Mary Ann Naes; D. Simmerson; Doris Lowry; Janet Pipkorn; Pauline Raymond; Stephen Ziefer; Mark Johnston; S.M. McKenna; Gerald & Mary Naes; Richard Baggett; Charlotte Baggett; Shirley Terry; Sheldon Terry; and Neva Meek.
Chairman Henley stated he received a Written Comment Form from Howard Harriett supporting the request.
Win Adams, 105 Springwood Place, addressed the Board to state he represents the Spring Lake Hills Homeowners Association. He stated what they have to take into consideration is the vision for this area and what they expect the area to be within the next ten years. He added the Board should also take into consideration how important the location of Maitland Center is and what Altamonte Springs plans to do with their development, as well as traffic on I-4. He stated he would prefer that this area be high-end residential as he believes this land will generate premium money, because executives who will be working in this area would love to live so close to their working area.
James Foster, 111 Long Leaf Lane, addressed the Board to state he would like to know how the Board can maintain and police all of these restrictions that are being imposed upon the developer.
Mr. Dwyer advised the developer’s commitments on the property will be placed in a development order and it is enforced by law.
Mr. Foster stated he is a little concerned about the process and he doesn’t think it is fair to the residents as a lot of them have left due to the lateness of the hour.
Bruce King, 902 Spring Valley Road, addressed the Board to submit a letter (received and filed) authorizing him to represent the Spring Valley Farms Community Association. He stated his subdivision is opposed to any heavy commercial or light industrial land uses as they feel it would have an adverse impact on the neighborhood. He stated he feels that with certain safeguards those type of development applications can occur with less adverse impact upon them than the original application. He added his neighborhood supports the study recommendations. They feel the study should be attached to any approval of Planned Development so that it is clear the study will have to govern future PUD and PCD applications. He said he has a concern with people wanting to store trailers, RVs and boats. That activity has been going on south of Hillview for a long time and it has been the County’s policy that those activities will be limited south of Hillview. The DCA felt that without proper safeguards, that should not be approved. He said he visited the site to see how this development would fit in the Hillview area and he feels this development could fit nicely with certain restrictions. He added he feels that the driveway access should be restricted to 35 ft. in order to accommodate tractor trailers.
Mr. Kercher stated he recommended 100-ft. buffers on the northern boundary, therefore, the plan would have to be revised to conform with his recommendations.
Mr. King stated there was a 12-ft. wall in a landscape buffer between North Lake and the trucking loading bays abutting multi-family residential. He stated he feels nothing less should be enclosed between Spring Valley and any nonresidential use adjacent to them. Discussion ensued.
Patricia Green, 139 Variety Tree Circle, addressed the Board to state her neighborhood is the kind you don’t want to leave once you live there. She stated she feels the Board needs to protect the quality of life of their neighborhood. She said she is concerned about the operating hours and light pollution.
John Bandy, 909 Spring Valley Road, addressed the Board to request the Board to continue to support Spring Valley and their property values. He stated he hasn’t seen any kind of site plan on this project and he is concerned about industrial creeping to the north of Hillview.
David Green, 139 Variety Tree Circle, addressed the Board to submit 160 Petitions, as shown on page ________, from the Spring Valley Farms Community opposing the request.
Attorney Lee Chotas addressed the Board to state he represents the Callie Elliot Family Trust. He stated if the Board allows industrial north of Hillview, all of the area around will become tainted. He spoke with regard to the buffers and changing this land to PCD. He stated he would urge the Board not to approve the rezoning, but to approve the amendment with a caveat that prior to any rezoning to PUD, there is a well-thought development agreement which incorporates those matters set forth by Mr. King’s letter and his letter.
Andrew Zelman, 157 Spring Chase Circle, addressed the Board to state he opposes the request. He stated this is a residential area and his property abuts this property, and he is not comfortable with a 25-ft. wall.
Stephen Ziefer, 131 Variety Tree Circle, addressed the Board to state he has lived in this area for 30 years. He stated he has been to so many Board meetings and it is clear that the Board members are for development and against homeowners.
E. J. Elliott, 143 Variety Tree Circle, addressed the Board to speak in opposition to the request.
Kathy Rapprich withdrew her request to speak.
Maps of the proposed sites, site plan of the Hillview Drive North PCD request; proposed land development restrictions and zoning regulations were received and filed.
Mr. Harling stated they are planning on storage for this facility. There are some multiple uses that are lower in intensity that were included in the Kercher plan. The residents who live in Spring Valley and Spring Lake Hills go directly to Wymore and there is very little impact on them. He stated he feels that this development will reduce the amount of traffic on Hillview and it will create a tax base that will be compatible with the adjacent neighborhoods. He added that buffering will enhance and create a better usability than what exists now.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Chairman Henley recessed the meeting at 2:35 a.m. on 12/15/99, reconvening at 2:51 a.m., with all Commissioners being present.
Chairman Henley stated he feels there has been a great deal of apprehension in the community relative to industrial and the Board nor the applicant has ever contemplated that. He stated he has visited that area many times and he does not feel that the project will impact the value of the surrounding properties.
At the request of Chairman Henley, Ms. Matheny read the following conditions that will be placed in the motion: (1) Permitted uses shall be Residential (single and multi-family), Industrial (office showroom and warehouse/storage facility, Office, and Other uses as specified in Section 30.463 of the Land Development Code, with the exception of remote parking; (2) Outside storage shall be screened so as not to be visible from public view; (3) Loading docks are permitted, limited truck wells may be utilized when screened from public view; (4) The height of the building shall be limited to 35 ft. with a maximum of two story; (5) Billboards are not permitted; (6) Subject to active/passive buffer requirements at the time of the final PCD site plan; (7) Incorporate any development standards referenced in the PCD Plan; and (8) Low level lighting shall be utilized.
Chairman Henley surrendered the gavel to Vice Chairman Maloy for the purpose of offering a motion.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve Amendment 99F-ADM 13 from High Density Residential to Planned Development; property located in area east of SR 434, north of Hillview Dr. and west of Mathews Road, as described in the proof of publication, Seminole County/Harling Locklin & Associates, with the conditions as stipulated by staff.
Under discussion and upon inquiry by Commissioner Morris, Ms. Chandler advised staff is requesting that Mr. Kercher participate in the development of this land use district. She informed Commissioner Van Der Weide that the City of Altamonte Springs will be invited to participate in this as well.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve Rezoning from A-1 (Agriculture) to PCD (Planned Commercial District); property located in area east of SR 434, north of Hillview Dr. and west of Mathews Road, as described in the proof of publication, Seminole County/Harling Locklin & Associates, subject to the conditions stipulated by staff, and approval of the Development Order, as shown on page _________.
Under discussion and upon inquiry by Commissioner McLain, Mr. Dwyer advised all of the conditions will be included in the development order.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt Ordinance #99-61, as shown on page ___________, to approve Amendment 12-99SS.2 from Low Density Residential to Planned Development or Industrial; property located north of Hillview Drive and east of Mathews Road, as described in the proof of publication, Terry L. Butler, with the conditions stipulated by staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve Rezoning from A-1 (Agriculture) to PCD (Planned Commercial District); property located north of Hillview Drive and east of Mathews Road, as described in the proof of publication, Terry L. Butler, with the conditions stipulated by staff, and approval of Development Order, as shown on page _________.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded by Commissioner McLain to direct staff to develop a mix plan use category and associated rezoning district that would implement the land use concept identified in the Hillview area study.
Under discussion and upon inquiry by Commissioner McLain, Vice Chairman Maloy advised all of the surrounding homeowners associations will be notified of any scheduled meeting.
Districts 1, 2, 3, 4 and 5 voted AYE.
The gavel was returned to the Chairman.
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The Board recessed the meeting at 3:06 a.m. on December 15, 1999, reconvening at 7:02 p.m., with all Commissioners, with the exception of Commissioner Henley (who was absent) and Commissioner Morris (who was late) and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Vice Chairman Maloy stated he will take as the first item the request for continuance of the Brossier hearing.
Continuation of a public hearing from November 23, 1999, to consider request to rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development); property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and Econ River Place, Brossier Company; as described in the proof of publication.
Current Planning Manager, John Dwyer, addressed the Board to state the Board discussed this item yesterday and indicated they would continue this hearing, per the applicant’s request, to January 11, 2000, at 7:00 p.m.
No one spoke in support or in opposition.
Speaker Request Form for John Goodrum in opposition to the proposed action requested for this item was received and filed.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to continue to January 11, 2000, at 7:00 p.m., or as soon thereafter as possible, the request to rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development); property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and Econ River Place, Brossier Company, as described in the proof of publication.
Districts 1, 3, and 5 voted AYE.
Vice Chairman Maloy announced that Chairman Henley is away on family matters, and he is expecting Commissioner Morris later in the meeting.
AMENDMENT 99F-ADM 5.1/OFFICE TO HIP DEVELOPMENT
AMENDMENT 99F-ADM 5.2/LDR TO HIP DEVELOPMENT
REZONE FROM A-1 TO PCD/SEMINOLE COUNTY/
Continuation of a public hearing to consider Amendment 99F-ADM 5.1 from Office to Higher Intensity Planned Development-Target Industry; property located in the area of the southwest corner of SR 46 and the future International Parkway; and Amendment 99F-ADM 5.2 from Low Density Residential to Higher Intensity Planned Development- Target Industry; and Rezone from A-1 (Agriculture) to PCD (Planned Commercial District); property located on the west side of International Parkway, north of Wayside Drive in northwest Seminole County, as described in the proof of publication, Seminole County/Harling Locklin & Associates.
Senior Planner, Dick Boyer, addressed the Board to state staff is recommending Higher Intensity Planned Development-Target Industry land use with findings that HIP-TI land use, as proposed, (1) would be consistent with the locational criteria of the Seminole County Comprehensive Plan related to HIP-TI land use; (2) would be consistent with development trends to establish Grant Line Road as a mixed use, high-end corridor; (3) would be consistent with the intent of HIP-TI land use to provide a variety of land uses and development intensities, and (4) would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. He reviewed the recommendations of the BCC on August 11, 1999 and stated the applicant has complied with both conditions of the Board.
Mr. Boyer reviewed the objections by the Department of Community Affairs (DCA) and the staff’s response. He gave the recommendation of the Planning and Zoning Commission on November 3, 1999, and read into the record the 19 conditions of the P & Z Commission, which are identified in the staff report Mr. Boyer said staff concurs with these recommendations.
Attorney Hugh Harling, applicant, addressed the Board to state he concurs with the staff comments and report. He distributed to the Board copies of the International Parkway Centre Support Documentation (received and filed). Mr. Harling stated he met with the Tall Trees Homeowners Association several times and their Board of Directors attended the P & Z meeting and supported the project with the 19 conditions entered into the record. He advised of one person in opposition and pointed out his residence on the map. Mr. Harling said the developer has committed to put in additional trees in the drainage easement along this person’s property line. Therefore, they have agreed to this additional condition.
Upon inquiry by Commissioner McLain regarding objections by Mr. Foley, Senior Planner Cindy Matheny addressed the Board to explain how the project will be made compatible with the neighborhood.
Commissioner McLain noted the letter from Barbara Atkins concerning access to 46. Mr. Dwyer stated staff reviewed that access and did not have any problems with it. The engineers will be reviewing the access also when the applicant comes back with a final site plan for the property. He said staff has indicated to the applicant that he will have to obtain the Department of Transportation’s (DOT) approval and a permit for the cut.
Monte Shoemaker, 5376 Ohio Avenue, addressed the Board to state he thinks what is before the Board is in some degree inconsistent and inaccurate. He said it is mentioned nowhere that there will be access to the property via SR 46. He thinks Seminole County would prefer not to have another situation develop as on SR 436 and SR 434. He said with all the cuts in the median on Lake Mary Boulevard, that does nothing but slow traffic down. He hopes the Commission will say no to that idea and say access to the site is via Grant Line Road.
Under discussion, Commissioner McLain said he thinks Mr. Shoemaker’s point is a good one and the Board needs to have some input. He thinks it is important to have the County’s Engineering Department and Roads Division, along with the Planning Department, look at where they put in the County’s overlay and see what would be reasonable for an access road if these properties develop and form some kind of strategy.
Mr. Harling advised Commissioner McLain that they will study all the alternatives in their traffic study and provide that to staff and bring it back with a final master plan. Whereupon, Mr. Dwyer suggested the applicant provide that to DOT also.
Vice Chairman Maloy noted that the written comments (received and filed) from Edward Foley in opposition are part of the record.
Jane Weinstein, 205 Brynwood Lane, addressed the Board to state she moved from Pine Hills a year ago and she doesn’t want to do that this time. She said her comments are also for Public Hearing Item #I.
Commissioner McLain advised Ms. Weinstein about what has been happening regarding SR 46 and the future plans.
Ms. Weinstein stated she doesn’t want anything west of I-4 changed. She said she wants the Board to deny all the motions on all the amendments, especially Item I, where the property is directly across the street from her. She feels any change will impact her well water severely.
Commissioner McLain said the Board is going to do everything they can to protect Ms. Weinstein’s quality of living.
No one else spoke in support or in opposition.
Speaker Request and Written Request Forms were received and filed.
Mr. Harling responded to Ms. Weinstein’s comments that they met with Tall Trees residents on Wayside Drive and a lot of the conditions were to protect those residents and limit the traffic. He said the Tall Trees Homeowners Association indicated they might be meeting with the Commissioners regarding traffic calming devices and such on Wayside Drive in the future.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt Higher Intensity Planned Development-Target Industry land use for property located in the area of the southwest corner of SR 46 and the future International Parkway, and property located on the west side of International Parkway, north of Wayside Drive in northwest Seminole County, with all the staff findings and conditions to the Development Order, including the additional trees for buffering; and approval of Development Order, as shown on page __________.
Districts 1, 3, and 5 voted AYE.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve rezoning from A-1 (Agriculture) to PCD (Planned Commercial District); property located on the west side of International Parkway, north of Wayside Drive in northwest Seminole County; as described in the proof of publication, Seminole County/Harling Locklin & Associates.
Districts 1, 3, and 5 voted AYE.
AMENDMENT 99F-ADM 5.3/LDR TO
HIP DEVELOPMENT – TARGET INDUSTRY/
SEMINOLE COUNTY/WATSON
Continuation of a public hearing to consider Amendment 99F-ADM 5.3 from Low Density Residential to Higher Intensity Planned Development–Target Industry; property located in the area east of the future International Parkway and south of Wayside Drive and area bordered by the future International Parkway, Katie Street and Wilson Road, as described in the proof of publication, Seminole County/Watson.
Mr. Boyer stated staff is recommending Higher Intensity Planned Development–Target Industry land use with no commercial use and with findings that HIP-TI land use with no commercial use and with findings that HIP-TI land use, as proposed, (1) would be consistent with the locational criteria of the Seminole County Comprehensive Plan related to HIP-TI land use; (2) would be consistent with development trends in the surrounding area; (3) would be compatible with adjacent HIP-TI land use; and (4) would be consistent with Plan policies identified at this time and, therefore, is consistent with the Plan. He also reviewed the LPA recommendation for approval and BCC recommendation of August 11, 1999, to transmit HIP-Target Industry.
Vice Chairman Maloy advised he has written comments in opposition from Belinda Dozier and Jane Weinstein (received and filed).
No one spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt Higher Intensity Planned Development-Target Industry land use with staff findings and conditions; property located in the area east of the future International Parkway and south of Wayside Drive and the area bordered by the future International Parkway, Katie Street and Wilson Road, as described in the proof of publication, Seminole County/Watson.
Districts 1, 3, and 5 voted AYE.
AMENDMENT 99F-ADM 1.1
SUBURBAN ESTATES TO LDR/SEMINOLE COUNTY, AND
AMENDMENT 08-99SS.2
SUBURBAN ESTATES TO PLANNED DEVELOPMENT
REZONE FROM A-1 TO PUD/RINK DEVELOPMENT
Continuation of a public hearing to consider Amendment 99F-ADM 1.1 from Suburban Estates to Low Density Residential; property located north and south of Orange Boulevard, east and west of Oregon Avenue in northwest Seminole County, Seminole County; and Amendment 08-99SS.2 from Suburban Estates to Planned Development; property located south of Orange Boulevard and west of Oregon Avenue, approximately 9.9 acres; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located south of Orange Boulevard and east of Oregon Avenue, approximately 13.7 acres, as described in the proof of publication, Rink Development.
Mr. Boyer stated that subsequent to transmittal of the LDR land use to DCA, a private applicant, Rink Development, applied for a small scale amendment on a parcel of 9.9 acres within the area of the larger Amendment 1.1. The small scale amendment is Item H on the agenda and he requested the Board to hear both items and then vote on Item H first, followed by Item G.
Mr. Boyer stated staff is recommending Low Density Residential (LDR) use with findings that LDR land use, as proposed, (1) would be consistent with the locational criteria of the Seminole County Comprehensive Plan related to Low Density residential and Industrial land use; (2) would be consistent with development trends in the surrounding area; (3) would be compatible with adjacent Suburban Estates, Planned Development, Medium Density Residential, Industrial, and Low Density Residential land uses; and (4) would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan.
Mr. Boyer advised the LPA heard this item on July 21, 1999, as the full plan amendment area covering north and south of Orange Boulevard; and recommended denial with the comment that the area south of Orange Boulevard would be consistent with a LDR change. Subsequently, on August 25, 1999, the BCC heard this item and eliminated those properties north of Orange Boulevard. Only those properties south of Orange Boulevard are being considered in this hearing.
Mr. Boyer reviewed the DCA’s objections and staff response.
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Senior Planner, Cindy Matheny, addressed the Board to state staff is recommending denial of Planned Development land use with findings that Planned Development land use, as proposed: (1) would be inconsistent with the locational criteria of the County’s Comprehensive Plan relating to Planned Development uses; (2) would be incompatible with development trends in the immediate area; (3) would be inconsistent with adjacent Planned Development and Suburban Estates Residential land use designations; (4) would not provide for appropriate transitional land use; and (5) would be inconsistent with Plan policies identified at this time and, therefore, is inconsistent with the Seminole County Comprehensive Plan.
Ms. Matheny stated staff’s finding is that this PUD be developed at Medium Density Residential densities.
Vice Chairman Maloy advised 18 Written Comment Forms each were submitted in opposition to Amendment 99F-ADM 1.1 and Amendment 08-99SS.2.
Larry Dale, representing Rink Development, addressed the Board to state at the P & Z meeting the Board made the motion to approve the request and recommended a density of 4 units per acre. He asked for clarification and submitted to the Record the memorandum and letter (copies received and filed) he received from Tom Mahoney and P & Z Chairman Richard Harris advising the intent of the motion was for 4 units per gross acre.
Ms. Matheny explained that the discussion at the P & Z meeting was about net density, so staff thought the motion was for 4 units to the net acre. Discussion ensued.
Mr. Dale requested the BCC to approve this request and set a cap of 54 lots. He presented the proposed concept and showed a map (received and filed) of the plan with an additional 35’ foot buffer to Lake Forest. He said he thinks this will be a good transition with what is happening on Oregon Avenue.
Peggy Templeton, representing NTS Development Company, owner of Lake Forest Subdivision, addressed the Board to state they are not against having a residential development but are asking to limit it to four units to have compatibility with Low Density Residential.
Commissioner McLain said he thinks, based on the compatibility study, staff did find that LDR and MDR are compatible uses next to each other as well as the buffers. He said Ms. Templeton’s own industry worked with the County so they would not have these arguments.
Ms. Templeton stated it is the density being put up against them without substantial buffers that they are objecting to. Discussion continued with Commissioners McLain and Van Der Weide. Ms. Templeton explained that she was agreeing with what the staff recommended, 4 units per net acre.
Al B. Paris, 955 Oregon Avenue, addressed the Board to state she lives directly in front of the parcel Mr. Dale showed. She stated she wants to preserve the country environment and her concern is the density and compatibility. She doesn’t want to see development coming in with 50 houses that will bring in a ghetto, and she doesn’t want all the houses going in that will decrease her property value. She asked how will all these houses be built on 9.9 acres.
Mr. Dwyer advised that this item will come back as a final master plan that will address additional landscaping, buffering, and such.
Ms. Paris stated her concern is also for traffic. She said there is a canal that divides her property. Commissioner McLain stated it is in the County’s stormwater plan to improve the canal.
Ms. Paris continued that she wants the project to be done decently and she wants to know what is happening in the future.
Commissioner McLain said Mr. Dale has developed many projects in Seminole County and has always worked with the neighbors, and he feels very confident Mr. Dale will work with her to clarify any problems she has.
Norman Mims, 755 Oregon Avenue, addressed the Board to state he lives diagonally from this property and he has no objections to development on the street. He said one of the problems is the fact the County does not own the Smith Canal. The County keeps approving projects on that side of I-4 and the Mall area, and keep adding to and putting drainage to the Smith Canal and it is obvious nothing has been done to the canal. He said he has never been contacted about plans to do anything about the canal. The property being talked about is below level and when it rains, it holds water. He stated all the property on that side of the road drains through private property to get to the Smith Canal, which is also private property. Until the private property issue is solved, he thinks something ought to be done about continuing the development in that area. Mr. Mims stated he owns the Smith Canal, and he asked the Board to do something about it.
Commissioner Morris entered the meeting at this time.
Mr. Mims continued that the Board needs to take a stand somewhere that the Smith Canal needs to be addressed.
Monte Shoemaker, 5376 Ohio Avenue, stated his concern is for the density of the project. He said as a strictly rezoning request, it is not consistent to the Comprehensive land use plan, to those properties directly across the street nor to those to the north which are zoned Suburban Estates. He thinks the lower density is in order, because it is just not compatible with Suburban Estates.
Bob Bugnacki, 5352 Orange Boulevard, addressed the Board to state this went before the Board on August 25 and the Board voted to keep the area Suburban Estates. He said Low Density Residential is four houses per acre and if it is approved that way, it is fine. He said it is not right to go with more than that. He asked the Board to keep what was decided before and keep the density so it is compatible.
Commissioner McLain stated he wants to know what the difference is between the net and gross. He requested a break to allow Mr. Dale to meet with staff.
The Board recessed at 8:35 p.m. and reconvened at 8:43 p.m.
No one else spoke in support or in opposition.
Written Comment and Speaker Request Forms were received and filed. Letter from David E. Rowland in support of the action was received and filed.
Commissioner McLain stated regarding the Smith Canal that it is in the Lake Monroe Basin and the County has a work plan in place to deal with the stormwater problems. He advised that staff has been working with property owners to get the necessary easements.
Mr. Dale described the design of the project. He said it is designed with a retention pond out front and that gives a nice buffer. He stated the 4 and 4.9 units is inconsequential. He said this will not be the beginning of a ghetto. He stated that Oregon Avenue is not going to be a rural area anymore.
Commissioner Morris stated he doesn’t understand the confusion on the density of zoning. He said he doesn’t know why P & Z came up with gross vs. net, because the County calculates by net and the Board made the decision not to change the calculation from net to gross. He thinks the Board needs to instruct staff to reinstruct the P & Z Commission that the County bases on net density so they should not shift that.
District Commissioner McLain questioned Mr. Dwyer about the setback requirements under straight zoning and with a PUD. He said the PUD concept allows for this project to be a better development. He said he doesn’t have a problem with PUD and 4.9 units to the acre because there can be additional buffers and amenities to deal with this.
Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt Ordinance #99-65, as shown on page __________, approving Planned Development land use at 4.91 units for 54 lots; property located south of Orange Boulevard and west of Oregon Avenue, approximately 9.9 acres; as described in the proof of publication, Rink Development.
Districts 1, 2, 3, and 5 voted AYE.
Motion by Commissioner McLain, seconded by Morris, to approve rezoning to PUD (Planned Unit Development) property located south of Orange Boulevard and east of Oregon Avenue, approximately 13.7 acres; as described in the proof of publication, Rink Development; and approval of Development Order, as shown on page __________.
Districts 1, 2, 3, and 5 voted AYE.
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Motion by Commissioner McLain, seconded by Commissioner Morris, to exclude the Rink Development property from Amendment 99F-ADM 1.1 and adopt Low Density Residential land use for the remaining property located north and south of Orange Boulevard, east and west of Oregon Avenue in northwest Seminole County; as described in the proof of publication, Seminole County.
Districts 1, 2, 3, and 5 voted AYE.
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Vice Chairman Maloy directed staff to ask the P & Z Commission at their next meeting to use “net” terminology for densities.
AMENDMENT 99F-ADM 2
SUBURBAN ESTATES TO LDR
SEMINOLE COUNTY/BOWYER-SINGLETON, MORT SILVER
Continuation of a public hearing to consider Amendment 99F-ADM 2 from Suburban Estates to Low Density Residential; property located on the east side of Orange Boulevard, south of Wayside Drive, north of the railroad bed and west of Tall Trees in northwest Seminole County; as described in the proof of publication, Seminole County/Bowyer-Singleton, Mort Silver.
Mr. Boyer advised staff is recommending Low Density Residential land use with findings that LDR land use, as proposed, (1) would provide for an appropriate transitional use between Low Density Residential land use to the east, and LDR and Suburban Estates land uses to the west; (2) would be consistent with the location criteria of the County’s Comprehensive Plan relating to LDR land uses; (3) would be consistent with adjacent Suburban Estates and LDR land use designations, and (4) would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan.
Mr. Boyer reviewed the LPA and BCC recommendations and DCA’s objections.
Jane Weinstein, 205 Brynwood lane, stated this area is already zoned for Suburban Estates and she doesn’t see any reason why it can’t stay that way, except this is all about money to get more people into the area. Also, Wayside is a rural route and she wants it to stay that.
Don Fisher, Bowyer-Singleton, addressed the Board to state he concurs with the staff recommendation.
Mr. Dwyer explained to Ms. Weinstein that the requested zoning is for the same zoning where she lives.
No one else spoke in support or in opposition.
The Written Comment Form for Belinda Dozier in opposition was received and filed.
Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt Low Density Residential land use for property located on the east side of Orange Boulevard, south of Wayside Drive, north of the railroad bed and west of Tall Trees in northwest Seminole County; as described in the proof of publication, Seminole County/Bowyer-Singleton, Mort Silver.
Districts 1, 2, 3 and 5 voted AYE.
AMENDMENT 99F-ADM 3
SUBURBAN ESTATES TO OFFICE
SEMINOLE COUNTY/RICHARD GAUSS, MIKE GIBSON
Continuation of a public hearing to consider Amendment 99F-ADM 3 from Suburban Estates to Office; property located at the northeast corner of Orange Boulevard and CR 46A, west of International Parkway in northwest Seminole County, as described in the proof of publication, Seminole County/Richard Gauss, Mike Gibson.
Mr. Boyer stated staff is recommending Office land use with findings that Office land use, as proposed, (1) would provide for an appropriate transitional use between HIP-TI and Office land uses to the east, and Low Density Residential to the west; (2) would be consistent with the location criteria of the County’s Comprehensive Plan relating to Office land uses; (3) would be consistent with adjacent Planned Development and Office land use designations; and (4) would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan.
Mr. Boyer reviewed the LPA recommendation and BCC action o August 11, 1999.
Vice Chairman Maloy advised of 7 written comment in favor of the land use change.
Richard Gauss, Co-applicant, addressed the Board to state he was present to answer any questions.
No one spoke in support or in opposition.
Written Comment Forms were received and filed.
Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt Office land use, with staff recommendations and conditions; property located at the northeast corner of Orange Boulevard and CR 46A, west of International Parkway in northwest Seminole County; as described in the proof of publication, Seminole County/Richard Gauss, Mike Gibson.
Districts 1, 2, 3, and 5 voted AYE.
AMENDMENT 99F-ADM 15.1 AND AMENDMENT 99F-ADM 15.2
MEDIUM DENSITY RESIDENTIAL TO OFFICE
SEMINOLE COUNTY/STEPHEN J. RATCLIFF
Proofs of publication, as shown on page __________, calling for a public hearing to consider Amendment 99F-ADM 15.1 from Medium Density Residential to Office; property located on SR 426 about ½ mile south of Chapman Road in the south central area of Seminole County; and Amendment 99F-ADM 15.2 from Medium Density Residential to Office; property located on SR 426 about ¼ mile south of Chapman Road in the south central area of Seminole County, Seminole County/Stephen J. Ratcliff, received and filed.
Mr. Boyer stated the staff recommendation is for Office land use with findings that Office land use, as proposed, (1) would be consistent with Commercial and Medium Density Residential land uses in the immediate area; (2) would be consistent with the locational criteria of the County’s Comprehensive Plan relating to Office land uses; (3) would be consistent with Plan policies regarding transitional land uses; and (4) would be consistent with the Seminole County Comprehensive Plan. He reviewed the LPA recommendation and BCC action on August 25, 1999, to transmit Office land use.
Commissioner McLain left the meeting at this time.
No one spoke in support or in opposition.
District Commissioner Maloy advised he received correspondence from the development to the west and he advised that the request is for a land use change and not rezoning and buffers can be addressed at a future date. He recommended approval of Amendment 99-5-DM 15.1.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt Office land use, with staff findings; property located on SR 426 about ½ mile south of Chapman Road in the south central area of Seminole County; as described in the proof of publication, Seminole County/Stephen J. Ratcliff.
Districts 1, 2, and 3 voted AYE.
District Commissioner Maloy recommended approval of Office land use for Amendment 99F-ADM 15.2.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt Office land use, with staff findings; property located on SR 426 about ¼ mile south of Chapman Road in the south central area of Seminole County; as described in the proof of publication, Seminole County/Stephen J. Ratcliff.
Districts 1, 2, and 3 voted AYE.
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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-68, as shown on page __________, amending the Seminole County Comprehensive Plan, as described in the proof of publication.
Districts 1, 2, and 3 voted AYE.
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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-59, as shown on page __________, rezoning from R-1 to PCD, Seminole County/Harling Locklin & Associates; Ordinance #99-60, as shown on page __________, rezoning from A-1 to PCD, Seminole County/Harling Locklin & Associates; Ordinance #99-62, as shown on page __________, rezoning from A-1 to PCD, Terry L. Butler; Ordinance #99-63, as shown on page __________, rezoning from A-1 to PUD, Dan and Rebecca Pelham/Allan Keen; Ordinance #99-64, as shown on page __________, rezoning from A-1 to PCD, Seminole County/Harling Locklin & Associates; and Ordinance #99-66, as shown on page __________, rezoning from A-1 to PUD, Rink Development.
Districts 1, 2, and 3 voted AYE.
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Commissioner McLain returned to the meeting at this time.
Commissioner Van Der Weide left the meeting at this time.
Keith Schue, Sierra Club, addressed the Board to comment regarding the meeting last night and the Wekiva area issue. He stated the Sierra Club is willing to continue talking to try to work something out. He commended the staff for making the efforts on the overall global Wekiva settlement.
Vice Chairman Maloy commented staff thought they had an agreement and this Board thought so as well and was disappointed. There were too many things coming out at the last minute. He thinks anybody who wants to make comments need to get them in very quickly and sorted out early.
Commissioner McLain said the relationship with the Board and Mr. Schue has come a long way since his first presentation before the Board. He stated he is happy to see that and to have Mr. Schue as a representative of the Sierra Club.
Commissioner Morris stated Mr. Schue and the Sierra Club and some others had operated in good faith, but the last-minute things that came up threw everything into a loop. He said he thinks a lot of the points Mr. Schue made have been met and carried out in policy.
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There being no further business to come before the Board, the Vice Chairman declared the meeting adjourned at 9:23 p.m., December 15, 1999.
ATTEST________________________Clerk_____________________Chairman
slm/cc/er