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.
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.
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.
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.
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 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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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
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
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/
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 Dallari thanked staff for working very hard together on the State of the County Address.
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.
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.
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.
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.
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.
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.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:21 p.m., this same date.