BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 23, 2010
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, February 23, 2010,
in the SEMINOLE COUNTY SERVICES BUILDING
at SANFORD, FLORIDA, the usual place
of meeting of said Board.
Present:
Chairman
Bob Dallari (District 1)
Vice
Chairman Brenda Carey (District 5)
Commissioner
Dick Van Der Weide (District 3)
Commissioner
Carlton Henley (District 4)
Clerk
of Circuit Court Maryanne Morse
Acting
County Manager Joe Forte
County
Attorney Robert McMillan
Deputy
Clerk Sandy McCann
Absent: Commissioner Mike McLean.
Pastor Wayne Thomas, GracePointe Church of the Nazarene,
Sanford, gave the Invocation.
Commissioner Dick Van Der Weide led the Pledge of
Allegiance.
Chairman Dallari announced that Commissioner McLean will not be
in attendance as he could not make it back from Haiti.
AWARDS & PRESENTATIONS
Chairman Dallari advised that Item #1, Resolution supporting
Legislation specifying the duly elected
Constitutional Officers as the legislative body for each said Constitutional Officer
for the purpose of resolving collective bargain impasses, will be continued.
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Motion by Commissioner
Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution
#2010-R-37, as shown on page ________, proclaiming the week of March 7 through
March 13, 2010 as “Women in Construction Week”.
Districts 1, 3, 4 and 5 voted AYE.
The Resolution was presented to Judy Ellis who thanked the
Board.
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Motion by
Commissioner Henley, seconded by Commissioner Carey to adopt appropriate
Resolution #2010-R-36, as shown on page _______, recognizing the League of
Women Voters as it celebrates its 90th Birthday in February
2010.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Henley advised the Resolution will be presented to
the League at a later date.
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Jennifer Grant, Executive Director of the Early Learning
Coalition of Central Florida, addressed the Board to give a PowerPoint
presentation (copy received & filed) on the Early Learning Program. Copy of information packet was also received
and filed. She distributed apples to the
Board and explained the importance of early learning, stating it is an
accelerator and jump start for K-12. She
displayed graphic charts on the following:
School Readiness Average Children Served Per Month; School Readiness Waiting
List; Voluntary Prekindergarten Program Children Served; Voluntary
Prekindergarten Readiness Rates; Resource & Referral Calls for Assistance;
and Early Learning Coalition Funding.
She advised the total administrative costs in 08/09 were only 4.11% and
local support earns nearly $16 for every dollar funded. She further advised that Seminole County’s
support serves over 250 children. She
presented the Board with a plaque, thanking them for their support and the
opportunity to make the presentation.
COUNTY MANAGER’S CONSENT AGENDA
ACM Joe Forte advised Item #7A, Confirmation of the appointment
of the new Growth Management Director, has been removed from the agenda. He
further advised that Item #9A, Water & Sewer Revenue Bonds, Series 2010,
will be considered as a Regular Agenda item.
Revised page 5 of the resolution for #9A was received and filed. He also noted that the amount for Item #10,
BAR #10-43, should be $42,425 instead of $43,000.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Carey to approve and
authorize the following:
County Manager’s Office
Purchasing & Contracts Division
3. Renewals
for multiple consultants under PS-1529-06/DRR – Master Agreements for
continuing engineering services for Capital Improvement Projects.
4. Award
CC-5094-09/DRR, Construction Services Agreement, as shown on page _______, for Heathrow
Boulevard Reclaimed Water Main Construction in the amount of $1,887,830.50 to
Cathcart Contracting Company of Winter Springs, Florida.
5. Award
IFB-600769-09/GGM, Term Contract, as shown on page _______, for Repair Parts
and Technical Services for variable frequency drives to Southern Electric Com.,
Inc. d/b/a Rexel Mader, Sarasota.
6. Award
RFP-600747-09/GMG, Term Contract, as
shown on page _______, for Disaster Debris Planning and Support Management
Services to Beck Disaster Recovery, Inc., Maitland (Primary Contractor); and
Neel-Schaffer, Inc., Maitland (Secondary Contractor).
7. Notification
to the Board of the withdrawal of Professional Engineering Consultants, Inc.,
from PS-4388-09/VFT – Design of Minor projects with Construction Costs less
than $1,000,000.
Community Services
Community
Assistance Division
8. Approve
and authorize the Chairman to execute the Satisfactions of Second Mortgage, as
shown on page _______, for the following households assisted under the County’s
Home Ownership Assistance Program or the Emergency Repair Housing Program: Renee Vickers, Loretta Bailey, Sharon Burke,
Humberto F. Butto, Tonny & Regina Curry, Rosa G. & Virgilio Diaz,
Rhonda Flagler, Olga Garcia, Zelda Melissa Gould, Dorothy & Roosevelt
Jackson, Evelyn Nibbs-Thibou, Elizabeth Ann Ocasio, Elizabeth Popsuy, Boysie
Smith, Antonio Soto, and Frank & Ollie Williams.
Fiscal Services
Budget
9. Approval
to partner with SafeHouse of Seminole to resubmit an application to the U.S.
Department of Justice requesting $400,000 in funds through their Safe Havens
Supervised Visitation and Safe Exchange Grant program; and authorize the
Chairman to execute any documents, as shown on page _______, as may be required
for the application.
10. Approve and authorize the Chairman to execute
appropriate Resolution #2010-R-38, as shown on page _______, implementing
Budget Amendment Request (BAR) #10-43 through the Infrastructure Improvement
Sales Tax Fund in the amount of $42,425 to provide funding for the Mast Arm
Signal Upgrade at the Intersection of SR 417 and International Parkway.
11. Approve and authorize the Chairman to execute
appropriate Resolution #2010-R-39, as shown on page _______, implementing Budget
Amendment Request (BAR) #10-44 through the Infrastructure Sales Tax Fund in the
amount of $100,000 to provide design funding for the SR 426 and Mitchell Hammock
Road Intersection Improvement project.
Growth Management
Economic
Development
12. Approve and authorize the Chairman to execute
an Agreement, as shown on page _______, with the Central Florida Zoological
Society, Inc., in the amount of $225,000.
13. Approve and authorize the Chairman to execute
an Agreement, as shown on page _______, between the entities of Seminole
County, Sanford Chamber of Commerce, Metro Orlando Economic Development
Commission, Sanford Airport Authority and Orlando Sanford International, Inc.
to cooperatively fund two information booths at the Orlando Sanford
International Airport.
Public
Works
Engineering
Division
14. Approve and authorize the Chairman to execute
an amended Subdivision Wall Agreement, as shown on page _______, between
Seminole County and the Silver Lakes West Homeowners Association, Inc., in
conjunction with the Lake Emma Road Improvement Project (Longwood Hills Road to
Sand Pond Road).
15. Adopt appropriate Resolution #2010-R-40, as
shown on page _______, and authorize the Chairman to execute a Local Agency Program
Agreement, as shown on page _______, with the State of Florida Department of
Transportation for the Resurfacing of Seminola Boulevard from Button Road to
Lake Drive.
16. Adopt appropriate Resolution #2010-R-41, as
shown on page _______, and authorize the Chairman to execute a Local Agency Program
Agreement, as shown on page ______, with the State of Florida Department of
Transportation for the Resurfacing of Lake Mary Boulevard from Rinehart Road to
Country Club Road.
17. Adopt appropriate Resolution #2010-R-42, as
shown on page _______, and authorize the Chairman to execute a Local Agency
Program Agreement, as shown on page _______, with the State of Florida
Department of Transportation for the Resurfacing of Red Bug Lake Road from
Eagle Circle to Tuskawilla Road.
18. Adopt appropriate Resolution #2010-R-43, as
shown on page _______, and authorize the Chairman to execute a Local Agency
Program Agreement, as shown on page _______, with the State of Florida
Department of Transportation for the Resurfacing of Tuskawilla Road from SR 426
to Red Bug Lake Road.
19. Adopt appropriate Resolution #2010-R-44, as
shown on page _______, and authorize the Chairman to execute a Local Agency
Program Agreement, as shown on page _______, with the State of Florida
Department of Transportation for the Resurfacing of Tuskawilla Road from Red
Bug Lake Road to SR 419/SR 434.
20. Adopt appropriate Resolution #2010-R-45, as
shown on page _______, and authorize the Chairman to execute a Local Agency
Program Agreement, as shown on page _______, with the State of Florida
Department of Transportation for the Cross Seminole Trail Red Bug Lake Road
Pedestrian Overpass.
21. Adopt appropriate Resolution #2010-R-46, as
shown on page ________, and authorize the Chairman to execute a Local Agency
Program Agreement, as shown on page ________, with the State of Florida
Department of Transportation for the Resurfacing of Rinehart Road from Towne
Center Boulevard to SR 46.
Traffic
Division
22. Approve and authorize the Chairman to execute
the Memorandum of Understanding (MOU), as shown on page _______, between
Seminole County and the Department of Highway Safety and Motor Vehicles
regarding Drivers License or Motor Vehicle Record Data Exchange; and authorize
the County Traffic Engineer, Melonie C. Barrington, P.E., to have signature
authority on the Florida Department of Highway Safety and Motor Vehicles’
Request for Exempt Personal Information in a Motor Vehicle/Driver License
Record Form.
23. Approve and authorize the Chairman to execute
the Traffic Enforcement Agreement, as shown on page _______, between Seminole
County, Seminole County Sheriff’s Office and Lake Jesup Woods Homeowners’
Association, Inc.
24. Adopt appropriate Resolution #2010-R-47, as shown
on page _______, authorizing the Chairman to execute the Locally Funded
Agreement, as shown on page _______, between the State of Florida Department of
Transportation and Seminole County for a new Traffic Signal at the Intersection
of SR 417 and International Parkway.
Districts
1, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Clerk’s
Office
Motion by Commissioner Carey, seconded
by Commissioner Henley to approve and authorize the following: Expenditure Approval Lists, as shown on page
_______, dated January 25 and February 1, 2010; Payroll Approval List, as shown
on page _______, dated January 21, 2010; and BCC Official Minutes dated January
26, 2010.
Districts
1, 3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk’s “received &
filed”:
1. RFP-600775-09, Contractor Services Agreement, as shown on page
_______, with Wireless Technology Equipment Company, Inc.
2. Amendment #3, as shown on page _______, to Work Order #11 for
PS-2249-07.
3. Amendment #1, as shown on page _______, to M-4737-09, East Central
Florida Regional Planning Council.
4. Letter to Sandy McCann from Sally Sheibenberger, Property
Appraiser’s Office, regarding zoning changes and land use changes for 2009.
5. Memorandum to Sally Sheibenberger from Sandy McCann regarding
Seminole County Zoning Changes – 2009.
6. Closeout, as shown on page _______, of Work Order #35 to
CC-1075-06.
7. Closeout, as shown on page _______, of Work Order #9 to CC-2184-07.
8. Amendments #1, as shown on page _______, to Work Orders #20, #22
and #24 for RFP-4277-09.
9. Letter to Maryanne Morse, Clerk of Courts, from Chairman Bob
Dallari advising that he and Commissioner Van Der Weide have been reappointed
to serve as liaison representatives to the VAB for 2010.
10. Work Order #32, as
shown on page ______, to CC-1284-06.
11. Quitclaim Deed, as
shown on page _______, dated December 7, 2009, between the County and FDOT
regarding SR 426, Parcels 105 (Part) and 106 (Part).
12. Interlocal Agreement,
as shown on page _______, for Interoperable Communications Equipment for Region
Five, as approved by the BCC on August 11, 2009.
13. Parks Contracts for
Services, as shown on page _______, with Jason Montgomery, Ron Coleman, and
Adrienne Dienst.
14. State Aid to Libraries
Grant Agreement, as shown on page _______, as approved by the BCC on July 28,
2009.
15. Copy of County Deed,
as shown on page _______, dated January 21, 2010, granted by Seminole County to
Avery P. Wisdom, as approved by the BCC on Sept. 22, 2009.
16. Amendment #1, as shown
on page ______, to Work Order #73 for PS-5120-02.
17. Amendment #1, as shown
on page _______, to Work Order #23 for RFP-4277-09.
18. Basic Agreement
#M-5332-10, as shown on page _______, with Bechtol Engineering and Testing,
Inc.
19. Work Order #69, as
shown on page _______, to PS-1074-06.
20. Amendment #3, as shown
on page _______, to Work Order #6 for PS-567-00.
21. Maintenance Bond, as
shown on page ________, in the amount of $27,082 for Bella Tuscany Subdivision.
22. Letter from Hannah
Seaman, Admn. Assistant, Fellers, Schewe, Scott & Roberts, Inc., regarding
change of mailing address for a client.
23. Certificates of Cost
of Abatement, as shown on page ________, for pools for Rodney R. & Suzanne
E. Vermilio and Harry J. Berenger, Sr.
24. Seminole County’s
adopted Annual Budget, as shown on page ________, for Fiscal Year 2009/2010.
25. Copy of Order
Suspending Tariffs from the Florida Public Service Commission regarding Docket
No. 070231-EI and Docket No. 080244-EI, Florida Power & Light Company.
26. Work Order #20, as
shown on page _______, to RFP-0013-05.
27. Amendment #1, as shown
on page _______, to Work Order #26 for RFP-4277-09.
28. RFP-600812-09, as
shown on page ________, Consultant Services Agreement with Matrix Consulting
Group.
29. Ninth Amendment to
RFP-4253-05, as shown on page _______, Hinton Enterprises, Inc.
30. Parks Contract, as
shown on page _______, for Services with Eric Wheeler.
31. Change Order #10, as
shown on page _______, to CC-2702-07.
32. Change Order #2, as
shown on page _______, to CC-3822-08.
33. Change Order #1, as
shown on page _______, to Work Order #31 for CC-1284-06.
34. Work Session Summary
dated January 26, 2010 from The School Board of Seminole County.
35. Work Order #9, as
shown on page _______, to RFP-3261-08.
36. First Amendment to
IFB-600321-08, as shown on page ________, Temple, Inc.
37. Amendment #5, as shown
on page ________, to Work Order #26 for PS-1074-06.
38. Bids as follows: CC-5094-09; #600814-01; RFQ-600813-09;
RFP-600820-10; #600802-10; and RFI-5241-09.
REGULAR
AGENDA
Request
for reduction of Code Enforcement Lien, Case #09-39-CEB, Karyn Reilly &
Arthur Anderson, 104 Pressview Avenue, Longwood, presented for action.
District
Commissioner Henley stated he did not believe the Board needed a presentation
as there is sufficient back-up information in the agenda packet. He further stated that as District
Commissioner he would recommend approval of the staff recommendation.
Motion by Commissioner Henley, seconded
by Commissioner Carey to approve a reduction to the Code Enforcement Board lien
from $25,000 to $5,000 plus the administrative costs of $1,402.90 for a total
amount due of $6,402.90 for Case #90-39-CEB, on property located at 104
Pressview Avenue, Longwood, Karyn Reilly and Arthur Anderson; require this
reduced amount to be paid within 60 days or the lien will revert to its
original amount; and upon payment in full, authorize the Chairman to execute
the Satisfaction of Lien.
Under
discussion and upon inquiry by Commissioner Carey, Commissioner Henley amended the motion to include that the
reduced amount would be required to be paid within 120 days or the lien will
revert to its original amount.
The
motion, as amended, was then voted
upon and carried with Districts 1, 3, 4 and 5 voting AYE.
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Director
of Fiscal Services, Lisa Spriggs, addressed the Board to present the
Supplemental Resolution for Water & Sewer Revenue Bonds, Series 2010, for
consideration. She advised the
Resolution would authorize the issuance of bonds in a not to exceed amount of
$79 million. She said that Bond Council
John Stokes, Financial Advisor Gary Akers, and Michael Baldwin from CitiGroup
are in attendance.
John
Stokes, Bond Council, addressed the Board to review the provisions of the
proposed resolution. He advised the
resolution allows the Board to delegate authority to the representative of the
Commission (including the Chairman, Vice Chairman, County Manager, & their
designees) to work with the underwriters, Mr. Akers, and his firm to put
together a transaction during a favorable market.
Upon
inquiry by Commissioner Henley, Attorney Stokes discussed the option of going
with Build America Bonds and the subsidy for that which amounts to about $2
million. He advised that the resolution
in the present form authorizes a combination of tax exempt and Build American
bonds.
Commissioner
Henley asked about the risk on the Build American bonds and if there is any
reassurance that the program will last through the end of the term; and if not,
what would be the impact to the County versus going with tax exempt bonds only.
Attorney
Stokes stated this is the last year for the issuance of Build America bonds and
approximately $70 billion have been issued.
He said the obligation of the Federal government is not backed by the
full faith and credit of the United States of America like U.S. Treasury Bonds
are – it’s backed up by the revenues. He
stated throughout history in these types of the transactions, the U.S. has
never failed to appropriate; however, for the future he said he cannot give a
100% assurance that they could not in the future decide to do something
different.
Commissioner
Henley expressed his concern that the Board does not need to go out for $79
million and that the amount could be less.
He questioned whether some of the projects can be pushed out to a later
timeframe and said that there is $18 million in unrestricted reserves which
could be used to decrease the amount to be borrowed.
Director
of Environmental Services, Andrew Neff, addressed the Board to advise the
overall program of FY 10 to FY 15 is $275 million. For FY 10, the program is $135 million, of
which about $57 million is still available for use. He said that leaves a balance of $147 million
going out to FY 15 of actual need. Of
the $57 million of projects left in FY 10, he noted that there are a lot of
projects that are not discretionary on the County’s part. He listed the projects, stating they are
regulatory in nature and the County is under deadlines of 2012 and 2013 to get
those done.
Commissioner
Henley stated he does not believe that the County can’t tighten their belt a
little with the amount that is in reserves and with the new rate increase that
was recently approved.
At
the request of Commissioner Carey, Gary Akers, Financial Advisor, addressed the
Board to discuss the debt service for the tax exempt only bonds versus a
combination of tax exempt and Build America bonds. Copy of chart regarding same was received and
filed.
Chairman
Dallari stated that there are other risks involved with Build America
bonds. Whereupon, Mr. Akers advised that
historically, there has never been a case with bond financing where the rules
have changed and they were retroactive.
Commissioner
Carey pointed out that by using a combination of tax exempt and Build America
bonds there is a savings over 30 years of $13 million. She added these are all
regulatory projects that have to be done by 2012 or 2013.
Chairman
Dallari submitted for the Record a listing of required projects from FDEP.
Commissioner
Van Der Weide stated he is always concerned with any situation where you have
to count on government to keep a program going so he would like the Financial
Advisor to make a recommendation.
Whereupon, Mr. Akers recommended the Board move forward as there is a
substantial savings with going with the tax exempt and Build America
bonds. He said there is nothing that he
is aware of that would cause this program to be cancelled for existing bonds.
Upon
inquiry by Chairman Dallari, Mr. Akers reviewed how the bonds could be
called.
Commissioner
Henley stated he is not questioning moving forward or going with the Build
America Bonds (even though there is risk involved), however, he is questioning
the amount of the issue, as he believes the County could use some of the
reserves.
Ms.
Spriggs advised that one of the things the rating agencies looked at was
reserves and if the County were to use some of those reserves, it could affect
the bond rating for this issue.
Chairman
Dallari stated having a AA bond rating is pretty significant.
Commissioner
Carey said that was one of the more impressive things for the rating agencies -
that the County had a healthy reserve.
Mr.
Aker stated the AA rating is definitely something to protect because it takes
five or six years to get that rating back if it slips. He added that is also a rating he believes
they can attempt to improve.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt appropriate Supplemental Resolution
#2010-R-48, as shown on page _______, authorizing the issuance of the Water and
Sewer Revenue Bonds, Series 2010.
Under
discussion, Commissioner Henley reiterated he is not opposed to the resolution,
but is opposed to the amount and will be voting against the motion for that
reason.
Chairman
Dallari requested that staff make a presentation on the debt service during the
budget process.
Districts
1, 3 and 5 voted AYE.
Commissioner
Henley voted NAY.
COUNTY
MANAGER’S BRIEFING
The
Board noted, for information only, Informational Budget Amendment Status Report
FY 2009/10, for the period ending January 21, 2010.
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The
Chairman recessed the meeting at 10:25 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials (with Clerk of Circuit Court Maryanne
Morse being late) with the exception of Deputy Clerk Sandy McCann, who was
replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
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Chairman
Dallari stated Commissioner McLean is not here today because he is in Haiti and
is trying to get back. He stated he
would like to cancel the Budget Work Session scheduled for later this afternoon
and reschedule it for March 2, 2010. The
Board had no objections. He asked that staff place a note on the door
of the meeting room to let the public know about the reschedule.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to authorize the filing of the proofs of
publication for this meeting's scheduled public hearings into the Official
Record.
Districts
1, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
UTILITY
EASEMENT AGREEMENT/FPL
Continuation
of a public hearing to consider approval of a Utility Easement Agreement for
FPL Electrical Substation – Grant of Utility Easement Agreement and associated
Conceptual Site Plan for a Florida Power & Light (FPL) electrical
substation to be located at the Yankee Lake Water Treatment Facility, on
approximately 5.02 acres, as described in the proof of publication, Seminole
County and FPL.
Carol
Hunter, Environmental Services, addressed the Board to display a PowerPoint
Presentation (received and filed) and reviewed the Discussion Topics and
History of the Substation. She displayed
a map of Phase I of the Surface Water Treatment and she reviewed the location
of the closest resident’s property. She
continued reviewing the History; Immediate Benefits; Long-Term Benefits;
Critical Milestones; and the Next Steps.
She displayed and reviewed the Conceptual Layout and an Aerial Map of
the Yankee Lake property. She concluded
by reviewing the Examples of Buffers and the Preliminary Substation Evaluation.
Alan Willis, Growth Management,
addressed the Board to display and review a map showing the locations of
balloon tests in P-87, P-88, P-90, P-92, and P-97 areas. He displayed and reviewed an aerial of the
site outlined in red.
Commissioner
Henley stated he received a letter (received and filed) in opposition from 5844
Michelle Lane. At the request of
Commissioner Henley, Mr. Willis indicated on the aerial the location of 5844
Michelle Lane. He also indicated where
the construction will be located.
Upon
inquiry by Commissioner Carey, Mr. Willis advised it is approximately 500 to
600 ft. from the construction site to 5844 Michelle Lane.
Upon
inquiry by Commissioner Henley, Ms. Hunter advised there has been no
construction going on by FPL in that area.
Commissioner
Carey submitted a copy of an e-mail (received and filed) from Roberto and Tracy
Sevi opposing the request.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner Henley to approve the Grant of Utility Easement
Agreement, as shown on page _________, and associated Conceptual Site Plan for
a Florida Power & Light (FPL) electrical substation to be located at the
Yankee Lake Water Treatment Facility on approximately 5.02 acres; and authorize
the Chairman to execute aforementioned documents, as described in the proof of
publication, Seminole County and FPL, based on staff findings.
Districts
1, 3, 4 and 5 voted AYE.
LARGE SCALE AMENDMENT/REZONE/San
Pedro Center/Diocese
of Orlando
Proof of
publication, as shown on page ________, calling for a public hearing to
consider transmitting to the Department of Community Affairs (DCA) the San Pedro
Center Large Scale Future Land Use Map Amendment from Low Density Residential
(LDR) to Planned Development (PD); and Rezone from A-1 (Agriculture) to PUD
(Planned Unit Development), on 470 acres, located on the west side of Dike Road
between Howell Branch Road and Red Bug Lake Road, Diocese of Orlando, received
and filed.
Tina
Williamson, Assistant Planning & Development Manager, addressed the Board
to state the proposed development program is a mixed-use center with
commercial, age-restricted residential, assisted living, nursing and Spiritual
Center and cemetery components. The
subject property is located in a Dense Urban Land Area surrounded by
residential developments, ranging from minimum lot sizes of one acre to a
minimum lot size of 4,500 sq. ft. C-2
retail commercial zoning is also located immediately across the street on the
south side of Howell Branch Road. The
proposed PUD will provide a range of age-restricted housing opportunities,
along with support office and commercial uses that will have the potential to
decrease automobile trips by providing services in close proximity to
housing. In order to enhance
compatibility with the adjacent residential uses, the PUD will have buffers
adjacent to existing residential ranging from 50 ft. to 75 ft. and building
height limitations ranging from 150 ft. to 200 ft. Building heights will be limited to two
stories and no more than 35 ft. Outside
the building height limitation zones, the maximum building height is 65 ft. up
to a maximum of five stories. The PUD
will also have a network of pedestrian connections linking all the villages and
the conservation area adjacent to Lake Howell.
The pedestrian connections may also be used for small vehicles, such as
golf carts. Access to the site is being
proposed off of Howell Branch Road and Dike Road. Emergency and maintenance access is proposed
off of Lake Howell Lane. Access off of
any other road, including Ranch Road, will not be permitted. Launching of motorized boats off of Lake
Howell will not be permitted. The
applicant is requesting waivers from the Active/Passive Buffer Setback Design
Standards. She stated specific buffer
types, locations and widths are outlined in Sheet 8 of the Preliminary Master
Plan. Buffers A, C, D, and E, in places
where the natural vegetation does not meet 100% opacity, shall be supplemented
with xeriscape vegetation to meet 100% opacity.
The applicant is also requesting that internal buffers and setbacks be
determined and approved at the time of Final Master Plan approval. Staff finds that the proposed buffering plan
is compatible with the surrounding area.
Letters and e-mails of concerns of the San Pedro Center Land Use
Amendment and Rezone were received and filed.
Staff recommends approval to transmit the request to DCA based on staff
findings.
Sister
Elizabeth Worley, Chief Operating Officer for the Diocese of Orlando, addressed
the Board to present a PowerPoint Presentation (not received and filed) and she
began by reviewing the Mission and History of the Property. She displayed an aerial map showing the
location of the property and requested that the property be rezoned for future
development. She continued by reviewing
the Sacred Ground; Continuum of Life; Pictures showing communion and a bench
along a walkway; Building community that complements the Church’s Mission;
Stewards of God’s Creation; Village will be developed in a Park-like setting;
and Pictures of the proposed property.
She requested that the Board approve the Future Land Use and Rezone
requests.
Attorney
Alberto Bustamante, Land Use Counsel for the Diocese of Orlando, addressed the
Board to continue the presentation by reviewing the Program Overview. He stated this project will complement the
Lake Howell neighborhood. He reviewed
the issue of Consistency and Compatibility.
Maryanne
Morse, Clerk of Circuit Court, entered the meeting at this time.
Attorney
Bustamante displayed and reviewed a map showing the project starting at the
Spiritual Center. He reviewed the Land
Use Summary; Broad Overview; Buffer and Setback Summary; Pictures (received and
filed) showing how those buffers impact the neighbors and along the Lake Howell
corridor. He stated on the west boundary
there will be 75 ft. of completely undisturbed area and 75 ft. beyond that,
making a total of 150 ft., there will be a 35 ft. height limitation, and 50 ft.
beyond that there will be a height limit of 55 ft. Along the Lake Howell corridor, the frontage
along Lake Howell will comply with the Lake Mary Blvd. corridor standards with
an average of 25 ft. from the road for any of the buildings that will be
against the right-of-way. There will be
a 50 ft. natural buffer on the eastern boundary, 150 ft. of cemetery; and 50
ft. beyond the 200 ft., there will be a 35 ft. height limitation. A site plan showing the buffers/setbacks was
received and filed. He continued
reviewing Stewards of God’s Creation relating to open space preservation and
240 acres of restricted green space. He
stated he believes that development of this property will be an asset to
Seminole County. He reviewed the
Benefits to the citizens of Seminole County and Central Florida. He said this project will be a great place to
live and play. It will have easy access
for people living on the property and it will complement the neighborhoods
around it. There will be medical
support, convenience retail, restaurants, parks and walking areas for the whole
community. He continued by reviewing job
creation. He added Village I and Village
II will contribute significantly to the tax base. Not only the community will receive a
benefit, but the revenue of the County will be benefited as well as the Diocese
of Orlando will achieve a mission. He
requested the Board’s support for the proposed land use amendment and rezone.
Upon
inquiry by Commissioner Carey, Attorney Bustamante advised the Catholic uses
(Spiritual Center and cemetery) will probably remain Catholic operations. He stated the Catholic Diocese does not have
the resources alone to undertake the various mixed uses on the project, and he
anticipates that there will be commercial enterprises undertaking the revenue
and those will be outside the scope of the tax-exempt nature of the
Diocese.
Upon
further inquiry by Commissioner Carey, Attorney Bustamante advised he doesn’t
know how they are planning to phase this at this time. He stated he knows that Phase I will include
the cemetery and he anticipates that there is going to be an immediate demand
for the senior housing elements, but he doesn’t know how that will shape out
and what the exact time table will be.
He added he anticipates that the full master plan will be completed
within five years, and somewhere between now and then they will be phasing the
various aspects of the project.
Upon
inquiry by Commissioner Carey, Mr. Bustamante advised the convalescent care,
apartments, condos and nursing facilities will probably be scattered throughout
the project or there may be more than one of those types of uses.
Upon
inquiry by Commissioner Henley, Mr. Bustamante advised he has met with the
entire residential group in December and they made some modifications to the
plan, which includes a flag on the Cemetery I property, increases to the
buffers to 75 ft. and to make them completely undisturbed, and to enhance any areas
that don’t have opacity within the natural buffers. The neighbors wanted to keep the property the
way it was and they were unable to do that.
They were contemplating having the fencing in accordance with the Code,
but they are going with a farm-style fence on various buffers of the
property.
Upon
inquiry by Chairman Dallari, Mr. Bustamante displayed photos (received and
filed) showing how thick the vegetation is along the residential
properties. He stated they will make an
effort to make the Florida native species look undisturbed and natural.
Commissioner
Carey stated she understands that the residents to the west want split rail
fences.
Mr.
Bustamante stated he has no problem building a wall or fence along Mr. van den
Berg’s property, but he feels that a natural buffer would be more of a
complement to both sides of the buffer area.
He stated he doesn’t have a problem complying with code regarding a
barrier wall, but if they would look at the density of the undisturbed areas,
he would question why they would have a 75 ft. buffer if a wall is built
there. Part of the reason why they didn
go with a 75 ft. buffer was to be able to provide that natural space between
the development and existing residential.
He stated he would not be a proponent of putting a wall so far into the
interior of the property, but he would be more inclined to comply with what the
Code requires.
Written
Comment Forms from Beverly Myers with attachment and Antonio Cabreira were
received and filed.
At the
request of Commissioner Henley, Mr. McMillan explained the whole process of why
they are doing the transmittal and when the approval process will be held.
John
Horvath, 1004 Bradford Dr., addressed the Board to speak in support of the
request. He stated he has watched this
area grow and he has seen a lot of changes in the area. The Diocese will work with the neighbors and
they will be cooperative.
Darren
Elkind, 505 Deltona Blvd., addressed the Board to state he is representing
neighbors to the east. He displayed and
reviewed a Land Use Summary. The
development order (Sheet #2) permits C-1 Retail Commercial in Cemetery II and
that is a pretty intense list of uses.
Sheet 3 shows a typo in the development order, between 50 ft. and 200
ft. in Buffer C, and it should be 75 ft.
He said he feels it would be more appropriate to have a 100 ft. building
setback and 75 ft. of undisturbed buffer on both the east and west side in
Buffer D. He requested that the PUD
matches the presentation made to the people and P&Z Commission. He displayed Sheet #4 and requested that the
following be made a requirement:
“Cemetery II has the ability to be converted to Village II commercial
uses if the cemetery isn’t viable after 50 or so years.” He also requested that “at some point in the
future this will probably be the last property developed but may be converted
to commercial” (Sheet 5), be included in the plan. He requested that under Section 3, Page 4, to
include the following: “Cemetery II may
not be developed for commercial uses until at least 80% of the available land
area of Village I and Village II have been developed.” There should be a specific phase of requiring
commercial to follow residential. He
referred to Sheet 6 and stated he would request that the Board impose a limit
of 45% of commercial space be healthcare related. Sheet 7 shows that Section 3G of the
development order limits the maximum building height of 65 ft., however, they
are requesting a limit of 120 ft. The
setbacks in the plan are different from the setbacks in the development
order. The Comp Plan shows full access
on the southeast corner to the east and there is already a curb cut there. More than 10% of the net useable area of the
site is being allotted for potential commercial development, and that is
contrary to the Comp Plan. Sheets 1 thru
8 were received and filed.
Norman
Stachura, 3311 Oakmont Terrace, addressed the Board to speak briefly in support
of the San Pedro project. He stated he
believes the expansion of the Spiritual Center, Cemetery and Retirement Village
will enhance the quality of life in Seminole County and the entire metropolitan
area. He said he believes the project
will be a positive for the economic development of the area. He added he feels the Diocese will do this project
very tastefully and respectfully and it is something that they will be proud
of.
Bob
Musser, 2780 Lake Howell Lane, addressed the Board to state he lives on an
eight-acre lot and six of those acres are woods. He stated he supports the concept and vision,
but one of the things he has concerns with is the density on the west side of
the property. He said a lot of Lake
Howell Lane is one home per five acres, one home per eight acres or one home
per ten acres. The residents are
concerned about some vague wording of service or emergency access on the west
side of the property. He said he would
like to see no access at all as the roads to Lake Howell Lane and Lake Emma
Estates are barely improved asphalt roads with no curbs or sidewalks or storm
drains. They are not suitable for
garbage trucks, milk trucks or ambulances as this will completely change the
character of the neighborhoods. He added
he is very concerned that by preserving the beautiful and unique aspect of this
project, they don’t shove the institutional portions up against the west
side. He concluded that what the
applicant says they are going to do is beautiful and will enhance the area, but
he wants to make sure the details are codified so it will stay that way.
Byron Taylor, 1138 Bella Lago Cove,
addressed the Board to state he is a civil engineer and his primary concern is
the condition and use of Lake Howell Lane.
He stated he feels that by adding more traffic to that road, it is going
to be devastating and it will not hold up.
The other concern is the vague language that is going to control access
to the property from Lake Howell Lane.
The emergency service definition is far too vague. He requested clear language be added to
restrict access to Lake Howell Lane distinctly to private vehicles only.
Egerton
van den Berg, 1245 Howell Point, addressed the Board to state the area between
Howell Branch Road and Lake Howell is developed as a sanctuary. The residents of Lake Howell Lane and Lake
Ann Estates enjoyed being removed from the hustle and bustle of noise that is
so prevalent in many parts of the areas.
That is the thing that the residents expect the Diocese and the BCC to
respect and preserve. He displayed a map
(received and filed) showing the location of his property. He said he sent a letter to the BCC detailing
why this project should not be approved.
He stated the 75 ft. buffer in which there will be no construction is
the only change that occurred as a result of meetings between the Diocese and
area residents. The 20% rule should not
exist and should be removed. He added
they have to be careful with the definition of Village I as it sounds like
residential and it is not. It includes a
barber shop, a drive-in bank, a drive-in restaurant, a Catholic school and a
lot of uses that they do not think of as neighborhood friendly. It is shocking to him that the Diocese would
consider it appropriate to build those kinds of structures within 150 ft. He concluded he is very concerned with access
to Lake Howell Lane and Ranch Road.
Bonnie
Laurencell, 108 Longhorn Road, addressed the Board to state she is opposed to
the present San Pedro retirement plan.
When they moved from Chicago to Florida, they purchased a one-acre lot
zoned RC-1, and from her standpoint, for the BCC to approve within eye-sight,
commercial properties that will have service entrances in the back of their
property is an inappropriate consideration for zoning. She said she believes that the proposed plan
is detrimental to the properties adjacent to San Pedro.
David
Cook, 1002 Newcastle Ct., addressed the Board to state he is an officer of the
Howell Estates Homeowners Association.
He stated he appreciates the Diocese of Orlando’s right to do what they
want with this property. The residents
do have concerns primarily with the amount of setbacks on the west and east
side and with the commercial development.
Shirley
Haynes, 2764 Lake Howell Lane, addressed the Board to state they bought
property on Lake Howell Lane in 1962 or 1963; and over the years they lived
there, development has increased tremendously.
She said she is disturbed because her house is the closest one on Lake
Howell Lane that will be affected by this traffic. She stated she has deliberately worked very
hard to try to keep their lane beautiful.
A fire department is already located on Howell Branch Road and it
doesn’t make sense to have fire access on Lake Howell Lane when there is one
across the street from this development.
Beverly
Myers, 1404 Westdale Ave., addressed the Board to state she is representing the
United San Pedro Neighbors and all communities that surround San Pedro. She stated the neighbors understand that the
land will not remain the same forever and respect the Diocese’s right to use
it. Several neighbors took objection to
the scope of the plan that San Pedro wanted to initiate about five years
ago. The one thing that concerns them
and is lacking since the initiation of this project, is consistency. She stated the applicant changed the building
height requirement from 65 ft. to 120 ft. and she doesn’t consider that as a
good neighbor gesture. She discussed the
issues of no equity in buffers, huge impact that has been underestimated from
traffic, commercial retail and the proposed hotel. This will be a 55+ community with a 110-room
hotel, 24 hours a day staffing for a skilled nursing facility and progressive
living facility, 24-hour emergency calls coming and going, and 24-hour
drive-thru restaurants. There are
already grocery stores, drug stores and retail establishments very close to
this community. She stated she would
like to see consistency, that the plans accurately reflect the development
plans, the plans align with Seminole County’s 20-20 Vision, and realistic
studies on the traffic and parking be completed.
At the
request of Commissioner Henley, Ms. Myers indicated on the aerial where her
property is located.
Cynthia
Hasenau, 111 Longbranch Road, addressed the Board to display and discuss copies
of photos (received and filed) of a two-story home, and the Mayflower
Retirement Home that is 100 ft. and 200 ft. from residential homes. She stated this facility has over 100
employees and it is regulated by the State on how many employees are required
there. She added her mother stays at
this nursing home and there is a lot of traffic coming and going. She displayed a copy of a photo (received and
filed) of Little Lake Ann showing two men fishing. She pointed out the foundation of the home in
the photo and stated this lake cannot take run-off from this development. She displayed a Google map (received and
filed) and pointed out that C-2 zoning is one block it has a 7-11, childcare
center and a funeral home. There is no
other commercial in this area. The
residents in the area paid for the privilege to be there and this development
would severely impact their neighborhood.
She stated she cannot replace the character of her neighborhood so she
is asking the Board to maintain that character.
She said if the Board moves forward with this, she requested that there
will be no access between Lake Ann Estates and San Pedro property and there
will be restricted access to Lake Howell Lane.
She also requested a minimum setback buffer of 500 ft. be established on
the west side to be vegetative or landscaped, an 8 ft. wall be constructed
adjacent to Lake Ann Estates on the inside of the buffer down to Lake Howell
Lane, the density on the west side be restricted to 4 homes per acre maximum,
and no water runoff be directed or allowed into Little Lake Ann. Copy of her requirements was received and
filed.
Louis
Magill, 115 Longbranch Road, addressed the Board to state he echoes all the
comments in opposition to this development.
He stated he specifically would like to emphasize the issue relative to
Ranch Road and Lake Howell Lane. He
stated he doesn’t believe that for any reason those roads should be used for
access to this development. Due to the
nature of this development and the road, emergency vehicles will be very common
for this area and they will have a hard time turning around to get to the
hospital. It doesn’t make sense having a
fire station in this project when there is one right on Howell Branch
Road.
Timothy
Eggers, 2806 Lake Howell Lane, addressed the Board to speak on behalf of his
mother. He asked that the Board look out
for his mom’s interest as he doesn’t think that this proposal is written
correctly.
Paul
Roderick, 1212 Jane Lane, addressed the Board to state he and his wife just
moved here last May and he hasn’t had the luxury of enjoying the beauty of the
area. The reason they bought the home is
because of the conservation-like feel of the property. He stated he is concerned about the
commercial aspect of the property. He
added he would love to see that area stay the same.
No one
else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Chairman
Dallari recessed the meeting at 3:24 p.m., reconvening at 3:30 p.m., with
Maryanne Morse, Clerk of Court, not returning to the meeting.
Mr.
Bustamante addressed the concerns that the residents expressed relating to
compatibility. He referred to the Future
Land Use and Zoning map (received and filed) and stated the density shown on
the map is phenomenal as to what has developed around this project. The way that this project has been designed
is to maximize the open space; therefore, there will be elements of the project
that will have density. Overall it will
stay consistent with everything developed in the area. The applicant has done a needs analysis of
the property and they have a good sense of what the needs of the community
are. This is the right time to obtain
the entitlements and proceed with the development. There are a lot of specific site plan issues
that will be addressed as part of the master plan process. He stated some modifications were made to the
plan and certain amendments to the plan were approved by the P&Z
Commission. He said the residents in
Cedar Ridge had concerns with what will happen in the commercial corridor and
they have modified and assured the residents that there will be a very passive
use along the cemetery property. The
existing curb cut that opens into nothing will be an access solely for the
cemetery and the cemetery will have no connectivity to Village I and II other
than walking trails. The size of the
buffers has been increased by 50%. The
Senior Village will not only be focused on the people living in the community
but will be open for uses that will be complementary and consistent with the
area. He stated when they do the calculation
based on the density proposed, it would fall under the threshold that would be
permitted under the current Land Use plan.
He added that 2.3% of the project would be commercial, if you look at
the total acreage of the master plan process.
The density along the west side of the property has always been an issue
with the residents. He displayed and
reviewed a drawing of Buffer A (received and filed) highlighting the distance
being proposed. He stated Lake Howell
Lane access is not necessary for the project and he has no problem eliminating
it. He displayed and reviewed an aerial
map (received and filed) showing the proposed site. He added Mr. van den Berg will have a very
generous natural buffer from his house and he reviewed the building height
issues, increasing the density, and the uses abutting the property issues that
Mr. van den Berg voiced concern about.
He said he has no problem with putting something in the development order
that there will not be from Ranch Road.
All of the wetlands along Lake Ann are going to be preserved and
untouched. They will retain all of the
water relative to this development on site and it will be incorporated into a
master stormwater system and into landscape features. He added Mr. Cook had some concerns with
connectivity along Dike Road and that is something they do not need. He displayed a map (received and filed)
showing the site and stated the wetlands along the eastern boundary abutting
Dike Road and the cemetery are going to stay in place. He stated he is feels he can make Mrs. Haynes
happy with regard to her concerns for Lake Howell Lane. He discussed the concerns that Mrs. Myers had
relating to the 120 ft. height, emergency calls, consistency of the project,
and water quality.
At the
request of Chairman Dallari, Mr. Bustamante addressed the height in
relationship to the distance of the buffers.
He stated they are considering that within Village I they would not have
stand alone commercial within the 400 ft. of the western boundary. He added he feels that would be consistent
with what Mr. van den Berg wants and with the Lake Ann residents. Height limitations for Buffer C were received
and filed.
Upon
inquiry by Commissioner Carey, Mr. Bustamante advised there will be no 65 ft.
buildings within that same 400 ft.
Mr.
McMillan left the meeting at this time.
Mr.
Bustamante stated the buffer would be modified to push the 200 ft. back 400
ft. He advised it will be a facility in
Village I that wouldn’t be over 2 stories if it is beyond 75 ft., four stories
beyond 200 ft., and 5 stories beyond 400 ft.
Mr.
McMillan reentered the meeting at this time.
Mr.
Bustamante clarified for Chairman Dallari the changes to Buffer A, Village I.
Commissioner
Carey stated there is a lot more density in this than you typically see. She stated having the flexibility of doing
exchanges at 20% is a major modification and she has a problem with that. There is a lot of density here and it is
pretty intense. She said there have been
many times where the Board has had concerns with requiring two parking spaces
in townhomes or condominiums, and the Diocese is asking for some serious
amendments to the parking requirements.
She added she understands that this is going to be a walking community
with golf carts, but she doesn’t think people will give up their cars unless
they are forced to. The seniors today
want to be active and have the flexibility of going outside their
neighborhoods. She said she feels the
retirement communities are wonderful places, but she has serious concerns with
making the amendments to the parking requirements. Another thing she is concerned with is having
schools in the project when the community is going to be for residents 55 and
over.
Mr.
Bustamante stated they can give up the school and they can eliminate that from
the development order.
Commissioner
Carey stated the other issue is on the east side there is a larger buffer of
250 ft. and the west side goes to a 150 ft. buffer. There are 4 units per acre on the east side
and the cemetery is on that side as well.
She stated she would like to know why wouldn’t they mirror the same
buffer on the west side as well.
Mr.
Bustamante stated the buffer is the same as the cemetery functions as a
buffer.
Commissioner
Carey reviewed the height limitations in Buffer C (received and filed) and she
stated she feels it should mirror the 35 ft. height or place single-family homes
adjacent to the large lots.
Mr.
Bustamante stated that would be a site plan issue and they will discuss it at a
later date. Discussion ensued relating
to the buffer height.
Alison
Stettner, Growth Management Director, addressed the Board to state the Code
requires a 50 ft. buffer and setback and a wall in this area.
Commissioner
Henley stated this Board has to be sensitive to not only what the neighbors
want but what the Federal law says dealing with churches. Under that law local governments cannot be
more restrictive on religious or church organizations than anyone else. It also indicates that the Board is expected
to be more lenient than with others.
Mr.
McMillan stated the law provides that the County cannot impose a land use
restriction that imposes a substantial burden on the religious exercise of a
religious organization. It creates a
higher standard of review by the courts, and the County would have to show a
compelling governmental purpose. It
would create a higher standard for the County to overcome if they deny a land
use. That again would deal with
religious uses and it may prevent uses on the property that are not a part of
the religious practice of the church. If
it has an extra burden on the exercise of the religious activity, the County
would have to show a higher standard and higher compelling governmental
interest in restricting that against the church. Discussion ensued.
Upon
inquiry by Chairman Dallari, Mr. Bustamante advised he has no problem with
having all the cell towers being camouflaged and they would not exceed 100 ft.
in height. He stated he has no problem
adding an Item d on Page 5 to “commercial usage over 25,000 sq. ft. shall be
integral to the building, i.e. mixed use Village I.” He also stated the following will be added to
Page 7, “that there will be no connection to Ranch Road and no connection to
Lake Howell Lane.”
Chairman
Dallari recessed the meeting at 4:15 p.m. in order to allow the applicant and
staff time to make voluntary comments to the development order. The meeting reconvened at 4:20 p.m.
LARGE SCALE AMENDMENT AND
REZONE/Hugh Harling
Proof of
publication, as shown on page ________, calling for a public hearing to
consider transmitting to the DCA the Large Scale Future Land Use Amendment from
IND (Industrial) to HIP-AP (Higher Intensity Planned Development-Airport) for
approximately 22.99 acres; and Rezone from A-1 (Agriculture) to PUD (Planned
Unit Development) for approximately 32.62 acres, located at the southwest
section of the intersection of SR 46 and Richmond Avenue, received and filed.
Ian
Sikonia, Planning & Development, addressed the Board to state the Large
Scale Future Land Use Map Amendment is limited to the north and middle parcels
while the south parcels are already designated HIP Airport. The proposed amendment would create the
potential for airport-related commercial/industrial development located on all
three parcels of the property. In
looking at the Future Lane Use criteria, staff has noted that the subject
property lies between the airport to the west and existing HIP-Airport lands to
the east, and is consistent with the character of the area. Public facility uses projected is based on
nonresidential FAR ratio of 1.0 and the amendment is not expected to generate
impacts on recreation, mass transit or school facilities. The city of Sanford has provided a letter
indicating that this project has capacity to serve the site. The applicant’s zoning request indicates
intent to develop the site utilizing the permitted uses of the C-3 and M-1
zoning districts. The applicant has
stated their intent to develop the site with commercial, industrial,
hotel/motel and office uses. Therefore,
the project has a potential to create job growth and reinforce economic
development around the airport. The
applicant’s PUD zoning request indicates intent to develop the site utilizing
the permitted uses of C-3 and M-1 zoning districts. The maximum allowable building square footage
for this site will be 1,208,790, which is permitted under the HIP-AP Future
Land Use designation FAR of 1.0. This
area of the County has been transitioning from agricultural and single-family
homes uses for the past several years since the extension of E. Lake Mary Blvd. He reviewed some of the rezones that were
recently approved in the immediate area.
The previously stated PCD and PUDs allow for similar industrial uses and
all have been approved in the last two years.
The current application is located in a transitioning area of Seminole
County where the established Future Land Use designations support
airport-related uses and higher intensity developments. Staff finds that the proposed rezone is
compatible with the surrounding area and is consistent with the current trend
of the development of the area. The
P&Z Commission recommended approval to transmit the request to the DCA
based on staff findings. Staff
recommends approval to transmit the request to DCA.
Hugh
Harling, Harling & Locklin, addressed the Board to state he concurs with
the staff report and P&Z findings and he is requesting the Board’s support
on this project. He stated he has looked
at what is going on at the airport. The
Aviation Noise Contour comes across this property so anything that they develop
has to be nonresidential in nature.
Upon inquiry
by Commissioner Carey, Mr. Harling advised he is working together with Bryan
Potts and Mr. McCollum relating to Richmond Avenue.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner Henley to authorize transmitting to the DCA the Large
Scale Future Land Use Amendment from IND (Industrial) to HIP-AP (Higher
Intensity Planned Development-Airport) for approximately 22.99 acres; and
Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for approximately
32.62 acres, located at the southwest section of the intersection of SR 46 and
Richmond Avenue, as described in the proof of publication, Hugh Harling, based
on staff findings.
Districts
1, 3, 4 and 5 voted AYE.
SMALL SCALE AMENDMENT
Hugh Harling
Proof of
publication, as shown on page ________, calling for a public hearing to
consider a Small Scale Land Use Amendment from SE (Suburban Estates) to LDR
(Low Density Residential) on 9.98 acres, located on the south side of
Eaglewoods Trail, approximately ¼ mile east of Sipes Avenue, Hugh Harling,
received and filed.
Jeff
Hopper, Planning & Development, addressed the Board to state the existing
Suburban Estates designation limits development to one unit per net buildable
acre while the proposed LDR designation permits four units per net buildable
acre. Any increase in density would
require an application for rezoning, which is not being done at this time. The applicant’s request for LDR is consistent
with the Comprehensive Plan Transitional Land Use guidelines. The site is within the city of Sanford’s
service area and the City has not provided detail information on available
water and sewer capacity. The City has
provided a written statement indicating that they have adequate water and sewer
capacity for the site, but the developer may be required to provide treatment
facilities or other improvements to the engineering and water quality
standards. The potential impacts on
other public facilities appear to fall within available capacities. Staff recommends approval of the request.
Hugh
Harling, Harling & Locklin, requested that this item be continued for 30
days to allow them time to contact the community and the District
Commissioner.
No one
spoke in support or in opposition of the continuance.
Motion by Commissioner Carey,
seconded by Commissioner Van Der Weide to continue to March 23, 2010, at 1:30
p.m. or as soon thereafter as possible, request to approve the Small Scale Land
Use Amendment from SE (Suburban Estates) to LDR (Low Density Residential) on
9.98 acres, located on the south side of Eaglewoods Trail, approximately ¼ mile
east of Sipes Avenue, as described in the proof of publication, Hugh Harling,
based on staff findings.
Districts
1, 3, 4 and 5 voted AYE.
MAJOR AMENDMENT AND REZONE/
Ligonier
Ministries
Proof of
publication, as shown on page ________, calling for a public hearing to
consider Ligonier Ministries Saint Andrews PUD (f/k/a/ Sprout Bible College)
Major Amendment, Revised Final Master Plan, Developer’s Commitment Agreement
and Rezone from A-1 and PUD to PUD, for properties located on the south side of
Wayside Drive, approximately 550 ft. east of the intersection of Wayside Drive
and Orange Blvd., Guy Rizzo, received and filed.
Joy
Williams, Planning & Development, addressed the Board to state the
applicant is requesting a Major Amendment and Rezone to add approximately 15
acres to the south side of the existing Ligonier Ministries Saint Andrews PUD,
as well as additional permitted uses.
The existing PUD consists of approximately 27 acres with the permitted
uses of a church and bible college with a maximum enrollment of 70 students. The applicant requested that the following
uses be added during the P&Z Commission hearing: (1) Enrollment of the bible college to be
expanded from 70 students to 250 students; (2) The addition of five buildings
to be used as classroom and office space; (3) Two dormitories for live-in
students with a total number of beds not to exceed 112; (4) Three duplexes to
accommodate guests associated with the church and college. Each duplex (two family dwelling units) shall
not exceed 2,100 sq. ft.; (5) A library and bookstore; and (6) A cemetery as an
ancillary use to the church. The P&Z
Commission recommended denial of that request.
The applicant has since revised the request by reducing the number of
dorms and duplexes as follows: (1) One
dormitory for live-in students with a total number of beds not to exceed 56;
(2) Two duplexes to accommodate guests associated with the church and
college. Each duplex (two-family
dwelling units) shall not exceed 2,100 sq. ft.; and (3) Relocation of the
proposed bookstore from the north-eastern side of the proposed library to the
west side. The dumpster has been
relocated from the eastern property line to the west side of the library. The applicant proposes to continue the 15 ft.
landscape buffer along the west, south and east property lines, consistent with
a 6-ft. hedge along with canopy and subcanopy trees. Staff recommends approval of the
request.
Attorney
Guy Rizzo, representing the applicant, addressed the Board to request Matt West
to give a brief history of what is going on, how this is developed, and when
this development first started. He
stated Chris Larson will address the concerns of the type of students and the
code of conduct.
Matt West,
Ivey Planning Group, addressed the Board to state this site has been going
through different zoning actions since 2004 and he reviewed those actions. He pointed out that the P&Z Commission
was concerned with the old plan showing the stormwater ponds encroaching into
the 100 year flood plain in the southeast corner. He stated those ponds have been removed from
the 100 year flood plain and those are reflected on the plan (not received and
filed) displayed on the overhead. There
were 112 oncampus students proposed and that was reduced. The other concern that the P&Z Commission
had was an addition of 15 acres and going from 70 students to 250. The initial special exception was 70 students
on 16 acres and now they are going to a much larger site.
Chris
Larson, Executive Vice President of Ligonier Ministries, addressed the Board to
state the ministries began 39 years ago as a study center in western
Pennsylvania, and over the years they became more of a multi-media
international outreach and ministry. He
stated he is confident that the code of conduct of the students will be a good
mesh with the neighborhood and surrounding residents. He added they are seeking particular types of
students to attend the academy and he expects those students to be missionaries
and school teachers. Ligonier Academy
will enforce a strict code of conduct as it is important that the students
represent the Academy well. They will
have zero tolerance on the issue of noise, alcohol and illegal drugs.
Upon
inquiry by Commissioner Henley, Mr. Larson advised the students will come right
out of high school.
Commissioner
Carey stated staff received one letter in opposition to the request and it is
part of the record.
District
Commissioner Carey stated this request has been changed for one dormitory with
56 beds and two family dwelling units.
Mr. Rizzo
stated the dwelling units will be used by guests and visitors.
Commissioner
Carey stated she asked Mr. McCollum to take a look at using Passeo Drive as an
alternative.
Jerry
McCollum, County Engineer, addressed the Board to state the roadway is a private
road and is not public. The development
order indicates that they can bring it up to a public right-of-way. He advised the Board that the County does not
want that as a public right-of-way.
Upon
inquiry by Commissioner Carey, Mr. Rizzo advised he has a problem with
eliminating that access point. If the
residents on Passeo want the road paved and use it for access, he informed them
that he would see what he could do about putting in a driveway. That would provide access to his property and
it will be a private driveway for their use as well.
Chairman
Dallari stated this is a private roadway and if the County is not requiring it,
the issue of paving it is between the applicant and the private property
owner.
Commissioner
Carey stated the two parties could come up with some type of agreement to use
it for access if they want to pave it; but she does not want it to be a public
right-of-way.
Mr. Rizzo
stated he has no problem with that not being a public right-of-way.
Commissioner
Carey stated she will eliminate Item P from the development order.
Brandy
Carter, 401 Kimberly Ct., addressed the Board to display a photograph (not
received and filed) showing her back yard after a heavy rain storm. She stated the main reason she is here is
there will be 70 students on campus and kids have a tendency to be noisy, loud,
and obnoxious. The area residents enjoy
the woods and to have this next to them is unbelievable. She added she feels that this project will
bring their property values down.
No one else
spoke in support or in opposition.
Speaker
Request Form was received and filed.
District
Commissioner Carey stated this has been amended to one dormitory with 56
students and two duplexes instead of three.
This area has wetlands and there have been drainage and flooding issues
on Kimberly Court for years and anything that goes on this property will not
impact that. If anything it may improve
the situation when the ponds are put in.
Mr. Rizzo
stated there will not be 250 students on the campus at one time. He stated they have tried to be good
neighbors and if there are any problems with noise, etc., they will address
them.
Commissioner
Carey stated this is a development that the applicant has done everything to
the property by buffering everything from the outside, the parking spaces, the
retention ponds, and moved things to accommodate all the requests, including
saving the trees.
Motion by Commissioner Carey,
seconded by Commissioner Henley to approve the Ligonier Ministries Saint
Andrews PUD (f/k/a/ Sprout Bible College) Major Amendment, Revised Final Master
Plan, Developer’s Commitment Agreement, Development Order, as shown on page
________, as modified by eliminating Passeo Drive access from the public
right-of-way; and adopt Ordinance #2010-2, as shown on page _______, rezoning
from A-1 and PUD to PUD, for properties located on the south side of Wayside
Drive, approximately 550 ft. east of the intersection of Wayside Drive and
Orange Blvd., as described in the proof of publication, Guy Rizzo, based on
staff findings.
Districts
1, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari thanked staff for working very hard together on the State of the County
Address.
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Chairman
Dallari stated he would like to apologize to Senator Constantine for not
recognizing him at the State of the County Address and thanking him for
commuter rail.
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Chairman
Dallari stated the Mayors and Managers meeting was held last week and they
discussed the 1-cent Sales Tax and the potential of what that one cent could be
used for. There were also discussions
about a partnership with MetroPlan and Lynx so they can be aware of what
potential issues of funding are out there and why it is important to look at
the big picture.
COMMUNICATIONS
AND/OR REPORTS
1.
Letter
(w/attachment) dated February 9, 2010 from William Bentley, Architects; Bob
Burke, Burke Hogue Mills, Inc.; and Joe Ranaldi, Starmer Ranaldi, Inc., to
Chairman Dallari re: Local preference in
Seminole County’s Procurement Process.
(cc: BCC, County Manager,
Planning)
2.
Letter
(w/attachment) dated February 10, 2010 from Diane Crews, Orlando Sanford
International Airport, to Chairman Dallari re:
Operation Haiti Relief.
3.
Copy
of letter dated February 12, 2010 from Richard Kermode, American Bride, to Jacqui
Perry, Seminole County Purchasing & Contracts Division, re: Protest to the Award for the Red Bug Lake
Road Pedestrian Overpass Project. (cc: BCC, County Manager)
4.
Copy
of letter (w/attachment) dated February 12, 2010 from Bobbe Dworkis,
Sacramento, CA, to Donald Eslinger, Seminole County Sheriff, re: E-mail forwarded from the Sheriff’s
Department relating to the issuance of a stamp commemorating an Islamic
Holiday.
5.
Letter
dated February 15, 2010 from Chairman Dallari to Shonna Brown, National Collegiate
Athletic Association, re: Endorsement of
the Central Florida Sports Commission and Seminole County Convention &
Visitors Bureau’s bid to host the 2012 Spring Division II National
Championships Festival. (cc: BCC)
6.
Letter
(w/attachment) dated February 15, 2010 from Bonnie Dalton, Sanford, FL, to
Board of County Commissioners re:
Condition of Whitner Way.
(cc: BCC, County Manager)
7.
Letter
dated February 16, 2010 from Congressman John Mica to Chairman Dallari re: Business Seminars being conducted by
Congressman Mica. (cc: BCC, County Manager)
8.
Copy
of letter dated February 17, 2010 from William Colbert, Colbert-Cameron
Mitigation Bank, to Marie Huber, U.S. Army Corps of Engineers, re: Chapman Road, Seminole County, Florida,
Project (SAJ-2007-4822 SP-JSC).
9.
Copy
of letter dated February 17, 2010 from William Colbert, Colbert-Cameron
Mitigation Bank, to Marie Huber, U.S. Army Corps of Engineers, re: Chapman Road Project (4-117-22350-3). (cc:
BCC, County Manager, Engineering)
10.
Letter
dated February 17, 2010 from Congressman John Mica to Chairman Dallari re: Pending deadlines and requirements for 2011
submission of requests for Federal Assistance.
(cc: BCC, County Manager)
11.
Copy
of letters dated February 18, 2010 from Chairman Dallari to Senator Bill
Nelson, Congresswoman Corrine Brown, Congresswoman Suzanne Kosmas, Congressman
John Mica and Senator George LeMieux re:
Request to consider Federal funding for Healthy Seminole.
12.
Copy
of letter (w/attachment) dated February 18, 2010 from T.E. Stone, Public Safety
Director, and Morgan Woodward, Animal Services Manager, to Andrew and Tami
Bradley re: Donation to Animal
Services. (cc: BCC)
13.
Letter
(w/attachment) dated February 22, 2010 from Egerton and Nancy van den Berg,
Winter Park, FL, to Board of County Commissioners re: San Pedro Application for Development
Approval. (cc: County Manager, Growth Management)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Carey stated at the Regional Planning Council meeting last week, there were
discussions about the water situation and having goals of stronger water
conservations. Unfortunately, Chairman
Martin didn’t want to discuss their issues as many of those were goals and said
that New York City undertook some very stringent goals and penalties several
years ago and they were able to amend the water habits based on those kinds of
principles. Most of the counties have
not responded to the 2016 plan. She
stated the Executive Director pointed out that the budget is greatly
impacted. She stated she believes the
State is looking for the local governments to make up the difference as it will
be another unfunded mandate. She added
she asked that Mr. McMillan look at the requirements. Orange County has submitted a letter
indicating that they are going to be looking at cutting their funds by 7% along
with a number of outside agencies.
Mr.
McMillan stated the statute doesn’t specifically say what the County’s
contribution needs to be, but they need to make it per capita based on the
assessment made by the East Central Florida Regional Planning Council.
Commissioner
Carey stated it is unfortunate that their work load is decreasing and what they
were set up to do by law as they have increased seeking work for other
jurisdictions. This is something they
need to go back to the Legislature to ask them to look at the rules of what
exactly they do, not just making “busy work”, and not expecting local
governments to pay for that.
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Commissioner
Carey informed the Board of the following two important events that are coming
up: 9th annual Ovarian Cancer
Alliance of Florida luncheon on March 27, 2010; and the 12th Annual
Boy Scouts Golden Eagle dinner at the Lake Mary Marriott on Thursday, April 8,
2010.
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Commissioner
Dallari stated he would like to recognize Building Inspector Howard Miller for
a job well done and for being proficient.
LARGE SCALE AMENDMENT/REZONE/San
Pedro Center/Diocese
of Orlando (Continued)
Continuation
of a public hearing to consider transmitting to the Department of Community
Affairs (DCA) the San Pedro Center Large Scale Future Land Use Map Amendment
from Low Density Residential (LDR) to Planned Development (PD); and Rezone from
A-1 (Agriculture) to PUD (Planned Unit Development), on 470 acres, located on
the west side of Dike Road between Howell Branch Road and Red Bug Lake Road, as
described in the proof of publication, Diocese of Orlando.
Mr.
Bustamante briefly reviewed the commitments relating to Buffer A correlating
Village I and II; undisturbed buffer and setbacks; A2 will be consistent with
the A1 setback; Buffer C will be modified; no cell tower will have a height of
100 ft.; no access on Lake Howell Lane or Ranch Road; they will delete the text
under the Land Use Summary; remove primary and secondary schools as a permitted
use; and commercial use over 25,000 sq. ft shall be integral to a residential
project in Village I.
Mr.
Michael Wild read into the Record the following proposed commitments: (1) Delete full paragraph in Paragraph 3(d)
after “The Development Program”; (2) Changes to Village I, Village II, Cemetery
I and II, The Preserve and Spiritual Center, insert “Any Camouflage
Communication Tower permitted herein shall be limited to 100 ft.”; (3)
Paragraph F, add subparagraph (d), “Commercial uses located in Village I over
25,000 sq. ft. shall be integrated with residential uses in Village I”; (4)
Buffer A is revised to create Buffers A-1 and A-2 (Buffer A-1, (located
adjacent to Village I) - 0-75 ft. - Building Setback and Undisturbed Natural
Buffer; 75-250 ft. – Building Height maximum 35 ft. and 2 stories; 250-400 ft.
- Building Height maximum 55 ft. and 4 stories; and over 400 ft. past the
property line – Building Height maximum 65 ft. and 5 stories); no stand alone
commercial within the first 400 ft.; Buffer A-2 will be created, (Buffer A-2 –
Village II, 0-75 ft. – Building Setback and Undisturbed Natural Buffer; 75-150
ft. – Building Height maximum 35 ft. and 2 stories; 150-200 ft. – Building
Height maximum 55 ft. and 4 stories; and over 400 ft. – Building Height maximum
65 ft. and 5 stories); (5) Buffer C – third line revised to state “Between 50
ft. and 250 ft. is limited to Cemetery 1 uses only, and after 75 ft. Building
Setback Height is Limited to a maximum of 35 ft. and 1 story; (6) (K) revised
to state, “Access to Lake Howell Lane and Ranch Road shall be prohibited”; (7)
Paragraph M to be deleted in its entirety; (8) Paragraph N to be renamed to
Paragraph M and Reference in the Text to be Revised to Reference Paragraph A-N;
and (9) Revise Village I and Village II to prohibit public and private
elementary and secondary schools. A copy
of the voluntary commitments was received and filed.
Chairman
Dallari surrendered the gavel to Vice Chairman Carey for the purpose of offering a motion.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to authorize transmitting to the DCA the
San Pedro Center Large Scale Future Land Use Map Amendment from Low Density
Residential (LDR) to Planned Development (PD); and Rezone from A-1
(Agriculture) to PUD (Planned Unit Development), on 470 acres, located on the
west side of Dike Road between Howell Branch Road and Red Bug Lake Road, as
described in the proof of publication, Diocese of Orlando, based on staff
findings and the commitments read into the Record that the applicant is
volunteering to make.
Districts
1, 3, 4 and 5 voted AYE.
District
Commissioner Dallari requested that when this issue comes back from DCA, he
would like to see a more detailed phasing plan.
He asked the applicant to work closely with the community so they can
better understand what has been done.
The gavel
was returned to Commissioner Dallari who assumed the position of Chairman.
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Chairman
Dallari recessed the meeting at 5:11 p.m., reconvening it at 5:15 p.m.
COUNTY
MANAGER’S REPORT
Mr. Forte
advised the Dept. of Justice is requesting the Board’s support relating to a
grant for planning purposes and improved infrastructure.
Upon
inquiry by Commissioner Henley, Mr. Forte advised the Dept. of Justice is
asking for the County’s support to continue the regular funding that they
typically provide for Safehouse.
The Board,
by unanimous consensus, agreed to
support same.
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Mr. Forte
stated the Wekiva Green Camp applied for a special events permit. It was reviewed by the Growth Management
Department and there were some code violations that prevented the permit from
being issued. The Florida Statutes
require that if additional alcohol is being served, a temporary use permit must
be provided by the State. It would then
need to be approved by Growth Management.
The hours of operation for the event will be on March 1 – 4, 2010 from
10:00 a.m. – 6:00 p.m., March 5 from 9:00 a.m. to 9:00 p.m., March 6 from 10:00
a.m. to 4:00 p.m. He stated pedestrian
access to the shuttle service shall be delineated and adequate signage shall be
provided on the property. All parking of
vehicles must be within the limits of the parking and depicted on the site
plan. The applicants shall provide
security with two off-duty Sheriff’s deputies to monitor the event. All temporary tents must be removed by 5:00
p.m. on Monday, March 8, and any violations shall be subject to code
enforcement actions.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to approve the special events permit for
the Wekiva Green Camp to be scheduled from March 1 thru 6, 2010.
Under
discussion and upon inquiry by Commissioner Henley, Damian Chase addressed the
Board to state the applicant is familiar with the conditions and accepts
them. There will be a place on the
premises to serve alcohol but there will not be additional alcohol served.
Districts
1, 3, 4 and 5 voted AYE.
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Mr. Forte
submitted a copy of a resolution amending the Administrative Code relating to
laid-off members receiving full payment for all accrued paid time off. He stated Section 3 relating to payment for
laid-off members will be stricken. He
stated the Human Resources Department has been changed to Human Resources
Division.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to adopt Resolution #2010-R-49, as shown
on page ________, striking the following language under
Comments/Procedures: (3) Laid-off members
will receive full payment for all accrued paid time off at the member’s current
rate of pay, and changing the Human Resource Department name to the Human
Resource Division.
Under
discussion and upon inquiry by Commissioner Carey, Mr. Forte advised the Committee
will be reviewing the 960 PTO hours and the entire Administrative Code and will
bring that back at a later date.
Districts
1, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S REPORT
Mr.
McMillan stated he was notified that there has been a ruling in South Florida
relating to the red light cameras issue, and the Circuit Court in Dade County
found that they can put up red light cameras, but they can’t fine anyone.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 5:21 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
slm/er