The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 1:36 p.m., on Tuesday, February 24, 1998, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

Commissioner Dick Van Der Weide (District 3)

Commissioner Grant Maloy (District 1)

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Sandy Wall

There was a moment of silence for the victims of the February 22, 1998 tornado.

The Invocation was given by Chaplain Charles B. Pitroff of Good News Jail and Prison Ministries.

Commissioner Daryl McLain led the Pledge of Allegiance.

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-31, as shown on page ________, commending Willie Allen, Crew Leader, Parks and Recreation Division, for his 16 years of service to Seminole County.

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

The Resolution was presented to Mr. Allen, who expressed his appreciation to his Manager, Supervisor, co-workers and the County.

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The Chairman advised the National Association of Counties has awarded the County Attorney’s Office the NACO Achievement Award for the Pro-Active Eminent Domain Project. The award relates to the efforts made to reduce the costs, fees and expenses regarding to the eminent domain process which are incurred by the Board’s aggressive road building program.

County Attorney, Robert McMillan, introduced Deputy County Attorney, Lonnie Groot, and Assistant County Attorney Henry Brown; and advised the remainder of the eminent domain staff is back at the office.

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Motion by Commissioner Maloy, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-40, as shown on page _________, proclaiming the week of March 1 - 7, 1998, as "John E. Polk Correctional Facility Jail Chaplain Appreciation Week".

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

The Resolution was presented to Chaplain Charles Pitroff, who expressed his appreciation and invited Commissioners and everyone in attendance to their annual banquet.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve the Official Minutes dated February 10, 1998.

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

Motion by Commissioner McLain, seconded by Commissioner Adams to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

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

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The Chairman announced that the tornado came very close to Commissioner McLain’s home and he will be leaving the meeting this afternoon to return to his neighborhood in order to assist in the search for the missing person and clean-up.

Commissioner McLain advised he worked this morning with over 100 people in the search for the missing person, but was unsuccessful. He reported that there is devastation which he has never seen before in his life. He said there are several families in his neighborhood who have lost loved one. He said his place will be there later today after his district items are taken care of, and he appreciates the Board’s consideration.

The Chairman advised the US 17-92 Redevelopment "jump start" discussion was held this morning during Briefing with only three Commissioners in attendance. There were some objections by Commissioner Maloy; therefore, this item is being brought up at this time before the full Board.

Commissioner McLain stated he has been briefed by staff and supports the plan.

Commissioner Van Der Weide stated he has major concerns with the program funding at this time. He said this has not been budgeted and believes this is an item to buy back the support of the people in the area. He added that he supports the project and concept, but would object at this time without it going through the normal budget process.

Commissioner Adams disagreed with Commissioner Van Der Weide, stating they have been talking about doing something on 17-92 for years and now is the time for action.

Motion by Commissioner Adams, seconded by Commissioner McLain to move forward with the proposed project scope and implementation of the US 17-92 Redevelopment "jump start" for the Fern Park area.

Under discussion, Commissioner Maloy stated this item is not on the agenda. He said he is concerned about taking $800,000 out of the General Fund Contingency when an emergency like the tornado could happen again. He further stated that the County can throw all the dressing they want on this area, but the real issue is grandfathering the adult entertainment clubs. If strict restrictions are not placed on these clubs, the money will be wasted.

Commissioner Morris stated the money is not coming out of the Contingency, the lion’s share is coming from redirected economic development funds along the I-4/Lake Mary Corridor.

Commissioner McLain pointed out that this is a cooperative effort with the City of Maitland; and Commissioner Morris added with the City of Casselberry also.

Districts 2, 4 and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to excavate 850,000 cubic yards of earth for an additional five-year period from a 69 acre pit located on the north side of SR 46, just west of Brisson Avenue, CDS Trucking, received and filed.

Civil Engineer, Tom Radai, addressed the Board to advise of a correction on the requested waivers, advising the requests are: (1) Allow use of the existing four strand barb wire fence along the northwest and southeast portions of the pit perimeter in lieu of the four foot high hogwire fence with top strand barbed wire required by the Code; and (2) Allow reduction in the perimeter buffer from 100 feet to 50 feet. He advised staff recommends approval of the extension and the variances as requested, subject to the following conditions: (1) Operating hours to be between 7:00 a.m. and 6:00 p.m., Monday through Saturday for a period of five years; (2) Post a bond in the amount of $100,000 to cover any damage to County roads and to ensure that the pit is operated in compliance with County regulations and the approved plans. Upon completion of the excavation, post a $25,000 reclamation bond for a period of two years; (3) Haul route to be east and west on SR 46. No trucks to use Brisson Avenue or Celery Avenue except for delivery to projects on or accessed from those streets; (4) Provide water truck on-site or central irrigation system for erosion control; (5) Construct a temporary, grassed earthen berm along Brisson Avenue for noise and dust control; and (6) Temporary perimeter ditches for dewatering storage shall be permitted within the buffer yards provided these areas are re-graded and restored to their original condition upon completion.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve borrow pit extension and requested waivers for Club II Borrow Pit located on the north side of SR 46, just west of Brisson Avenue, as described in the proof of publication, CDS Trucking, subject to staff recommendations.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1AA and R-1AAA (Single Family Residential) for property located on the west side of Old Lake Mary Road, south of Brightview Drive, north of Crystal Lake Circle, Remark Development, Inc., received and filed.

Senior Planner, Don Fisher, addressed the Board to advise the requested rezoning would be at a depth of 135 feet from the 100 foot flood prone elevation around the lake. He reviewed the existing land uses, facilities and services. He further advised that approximately 10% of the site appears to be flood prone; only those areas above the post development flood prone elevation should be rezoned. Also, the site is located within the most effective aquifer recharge area. He stated that based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comp Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the adoption of an ordinance rezoning the subject property as proposed subject to the following: (1) Dedicate additional right-of-way on Old Lake Mary Road as necessary to accommodate required off-site improvements; (2) Install a left turn lane on Old Lake Mary Road; (3) Rezone only those areas above the post development 100 year flood prone elevation; and (4) Dedicate all areas below the 100 year flood prone elevation to Seminole County as a conservation easement.

Mr. Fisher stated that the County has received several letters expressing concern about the area around the lake and recommending adoption of the same distance as the City of Lake Mary with a 75 foot building setback; and a letter from Bud Layer suggesting the developer participate in the aquatic weed control program for the lake.

Attorney Ken Wright, representing the developer, addressed the Board to advise they are proposing to rezone the interior lots to R-1AA and the exterior lots to R-1AAA. He stated that with regard to the Lake Mary building setback, this is the first they have heard that; however, he believes in many instances what is being proposed by the developer may exceed that setback. He stated that they have agreed to a conservation easement along the lakefront up to the 45.3 contour elevation which is recognized as the 100 year flood elevation.

Upon inquiry by Commissioner McLain, Current Planning Manager, John Dwyer, stated the proposal of the conservation easement tells him that the lots are projecting down to the lake. He suggested that this be a conservation tract that is separate from the lots because the setbacks are measured from the property line.

Attorney Wright stated he does not believe it makes any difference. He said the preference to the applicant would be to have a imposition of the conservation easement and the rear yard setback will be applied from the 100 year flood elevation. Discussion ensued.

Upon inquiry by Commissioner Maloy, Mr. Fisher advised the 45.3 feet is staff’s best estimate now, however, that elevation could change when the final engineering plans are submitted.

Attorney Wright stated it is not the intent of the applicant to alter the existing 100 foot flood line.

Attorney Kirby Moncrief, representing himself and area property owners, addressed the Board to state they are not opposed to the rezoning of R-1AAA on the exterior lots and R-1AA on the interior lots, if there is no platting within the 100 year flood prone area. He said they want the entire flood prone area under the dedication of a conservation easement to Seminole County with a commitment that there will be no construction, improvement, or clearing within same. He said they also request the conservation easement to be separate, dedicated to the County, and the platting to start after the easement.

Discussion ensued between Mr. Dwyer, Mr. Moncrief and the Board with regard to the easement. Mr. Moncrief stated boat docks are not prohibited within the conservation easement. Mr. Dwyer stated a path would have to be cleared in order to have access to the boat docks.

Upon inquiry by Commissioner McLain, Mr. Wright clarified that the R-1AAA zoning would be on all exterior lots contiguous to the channel or lakefront. Whereupon, Mr. Moncrief advised that would be agreeable.

Kathy Shaw, 130 Crystal View South, addressed the Board to state she is looking forward to sharing the lake with her neighbors. She said that she believes there should be a way for the lakefront property owners to get to the lake and use it. However, she would object to public access to the lake. She reviewed with the Board the minimum building setbacks for area jurisdictions (copy of same was received & filed). She requested that a 50 foot setback be required above the 45.3 foot mark before the measurement of the 13,500 square foot lot.

Photographs of the lake were received and filed.

Beverly Mason, 309 E. Crystal Drive, addressed the Board to reiterated the request that there be no public access to the lake.

Commissioner Van Der Weide left the meeting at this time.

Ms. Mason stated she would like more clarification on the mean high water mark and how the setback will be figured.

Philip Lee, 411 Lake Blvd., addressed the Board to state he would like to see the 45.3 foot above sea level, for purposes of the easement, be predevelopment, instead of post-development. He said they want to make sure the 100 year flood elevation is maintained.

Commissioner Van Der Weide reentered the meeting at this time.

Mr. Lee submitted into the Record a copy of his letter dated February 23, 1998 concerning the rezoning.

David Miller, 100 Estates Circle, addressed the Board to state he does not oppose the rezoning provided there are some restrictions added to it. He said the big concern is the lake and he would like to see language added to the rezoning requiring the 100 year flood elevation to be predevelopment. He concurred with Ms. Shaw’s request to have a 50 foot natural zone above the flood plain. He added that if these restrictions are not included, he would object to the rezoning.

Don Reagan, 3210 Old Lake Mary Road, addressed the Board to state he believes it is a great idea that the developer is going to leave the buffer around the lake.

James DeKleva, 106 Estates Circle, addressed the Board to advise his lot is lakefront and he has put in a swale so the lake would be protected from fertilizer run-off from his yard. He said he would like the Board to take this into consideration when looking at this development. He stated he concurs with the recommendations made by Kathy Shaw.

No one else spoke in support or in opposition.

Public Comment Sheets were received and filed.

Mr. Wright stated that they would be glad to work with staff and come up with the appropriate language for participation in the aquatic weed control program for the lake. He reiterated that there will be no public access to the lake. The only access would be for the lakefront lots. He said the 45.3 foot elevation is a definable line, whereas, the mean high water line is a line that will be constantly moving. He agreed to a 40-foot setback being measured from the predevelopment 100 year flood elevation.

Discussion ensued between Mr. Wright and the Board with regard to from where the setback would be measured. Ms. Shaw stated she would agree with the predevelopment elevation rather than the post-development elevation.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve rezoning, by Ordinance #98-10, as shown on page _________, from A-1 to R-1AA and R-1AAA for property described located on the west side of Old Lake Mary Road, south of Brightview Drive, north of Crystal Lake Circle, as described in the proof of publication, Remark Development, Inc., subject to staff comments with the exception of changing staff comment Item #3 to predevelopment 100 year flood prone elevation rather than post-development; to require that an additional 10 foot setback would be required on lots that are R-1AAA; to include that the developer will participate in the aquatic weed control program for the lake; require that there will be no public access to the lake; and to approve Development Order, as shown on page ________.

Under discussion and upon inquiry by Commissioner Morris, District Commissioner McLain requested that any application for walking path access to the lake be brought to his attention. Whereupon, Mr. Dwyer stated staff will make that a condition of the rezoning.

District Commissioner McLain also requested that the residents in attendance today be notified when the site plan comes in for consideration.

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

Commissioners Maloy and McLain left the meeting at this time.

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from R-2 (One and Two Family Dwelling District) to RM-1 (Single Family Mobile Home) for property located on the south side of Magnolia Drive, south of SR 434, west of Montgomery Road, Barry Burton, received and filed.

Mr. Fisher gave an overview of the request, advising the Board of the site analysis. He advised that based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comp Plan and the Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the adoption of an ordinance rezoning the subject property as requested.

Burke Randa, representing the developer, addressed the Board to advise he is available to answer any questions.

Commissioner Maloy reentered the meeting at this time.

No one else spoke in support or in opposition.

Public Comments Forms and Written Comment Forms were received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to approve rezoning, by Ordinance #98-11, as shown on page _________, from R-2 (One and Two Family Dwelling District) to RM-1 (Single Family Mobile Home) for property located on the south side of Magnolia Drive, south of SR 434, west of Montgomery Road, as described in the proof of publication, Barry Burton.

Districts 1, 2, 3 and 4 voted AYE.

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1A (Single Family Residential) for property located on the north side of McNeil Road and east of Bear Lake Road, Rink Development, received and filed.

Mr. Fisher gave an overview and site analysis. He advised that based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, the staff has no opposition to the adoption of an ordinance rezoning the subject property.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to approve rezoning, by Ordinance #98-12, as shown on page ________, from A-1 (Agriculture) to R-1A (Single Family Residential) for property located on the north side of McNeil Road and east of Bear Lake Road, as described in the proof of publication, Rink Development.

Districts 1, 2, 3 and 4 voted AYE.

Proof of publication, as shown on page _______, calling for a public hearing to consider ordinance relating to the Land Development Code Amendments concerning tabled items and design standards for Adult Entertainment Establishments/Sexually Oriented Businesses (AEE’S/SOB’S), received and filed.

Mr. Fisher advised, in general, the proposed changes to the Code are the following: (1) Numerous proposed changes that have been in the review process which were tabled so that additional research could be performed; (2) Design standards for the newly created M-2 zoning classification; (3) Design standards for lawfully operating and licensed adult entertainment establishments which includes the potential of grandfathering; (4) Prohibiting outdoor advertising signs by AEE’s and SOB’s; and (5) Prohibiting sexually explicit advertising by AEE’s and SOB’s. Copies of Site Development Guidelines for AEE’s and 1997/1998 Land Development Code Update Summary of Changes were received and filed.

Upon inquiry by the Chairman, Mr. Fisher advised the current Code does not regulate the placement of amateur radio towers. He further advised that staff has been receiving requests to place 80 foot towers in residential areas. The proposed ordinance would specify that amateur radio towers up to 35 feet could be placed in a residential area and anything higher would have to obtain a Special Exception.

Keith Kotch, representing the Seminole County Amateur Radio Emergency Service and the Radio Amateur Civic Emergency Service, addressed the Board to speak in opposition to the proposed ordinance which would limit the height of towers to 35 feet. He stated as amateurs, they donate their time and technical expertise on behalf of public service. He referred to their role in assisting the public when the February 22, 1998 tornado disaster occurred. He referred to Regulation PRD-1 and advised the Legislature created a section in the Florida Statutes preempting local regulations on amateur radio operation. He stated he would hope the Board would strike the height limitation section out of the ordinance and allow the amateur radio operators to get involved in drafting a new proposal.

Mr. Fisher advised the County Attorney’s Office did review the ordinance and previous case studies and feel the County is on solid ground as far as restricting the height of the towers.

Chairman Morris suggested going with the 35 foot height and having drop-down antennas.

Lenard Persin, 501 Brookside Circle, addressed the Board to advise he represents himself and the Orlando Open Repeater Club. He stated he has submitted numerous letters and copies of court cases with regard to the tower height issue. He stated local governments have been overruled on this issue and there has never been an amateur radio person denied on height when they go to Federal Court. He added that they have never been able to meet with the County Attorney and would like to do so.

Karl Lambert, 1201 Wolverine Trail, addressed the Board to advise he is an amateur radio operator. He clarified that the higher the antenna, the greater distance you can achieve. He also clarified that a retractable (drop-down) antenna could cost as much as $7,000.

Marty Stebbins, Altamonte Springs, addressed the Board to state amateur radio operators are an important part of the society, especially in times such as the recent tornado. Whereupon, Commissioner Van Der Weide stated the Board probably needs to direct staff to draft a resolution of appreciation for those operators that participated and assisted during the tornado.

The Board voiced no objections to the amateur radio operators meeting with the County Attorney’s Office to discuss possible modifications to the ordinance dealing with amateur radio towers prior to the second public hearing on this item.

Stan Bessmer, 1301 Glastonberry, addressed the Board to express his appreciation for what the ham operators have done all over the world, but said he would resent seeing an 80-foot tower in his neighbor’s yard.

Arnold Ampter (phonetic), Altamonte Springs, addressed the Board to state he would like to underscore that the amateur radio operators provide a valuable asset to the community.

Written Comment Sheet from Norman Lauterette regarding the height limit restriction for ham towers was received and filed.

Copy of a letter from Dick Fess, Emergency Coordinator for The American Radio Relay League, Inc., relating to the proposed 35-foot maximum antenna height restriction was received and filed.

Mr. Fisher reviewed with the Board the Planning & Zoning/LPA Summary of Findings and Recommendations from their meeting held February 23, 1998.

A brief discussion ensued with regard to the Code Amendment dealing with Home Office (Page 3). Whereupon, Commissioner Morris stated he believes this will be a nightmare to enforce.

The Board, after some discussion and by consensus, agreed to delete the Code Amendment relating to Recreational Vehicles (Page 20).

The Board, by consensus, agreed to keep the existing provisions relating to Burning of Organic Plant Material and struck the proposed provision (Page 42).

Acting Director of Planning & Development, Frances Chandler, addressed the Board to discuss the Code Amendment relating to Outdoor Advertising of AEE’s and SOB’s. She advised that per Board direction, the staff has identified all school bus routes and the roads they traverse. She stated school buses basically travel every road in the County. She submitted for the Record the list of streets having any portion used by public school buses; Memorandum dated February 20, 1998 from Deputy County Attorney, Lonnie Groot, regarding the protection of Children from Adult Use Advertising; and a Map depicting zoning in the unincorporated area of the County.

The Board, by consensus, agreed to move forward with the Code Amendment relating to Outdoor Advertising of AEE’s and SOB’s (Page 43).

Capital Programs Analyst, Kevin Fall, addressed the Board to briefly discuss the Code Amendment relating to Permitted Signage in AEE’s and SOB’s. He advised the Planning & Zoning Commission felt that the proposal for awnings without the name of the business was unreasonable; and believed the business should be able to place the name of the business on any awning provided that it complies with the overall sign allotment for the site. The Board, by consensus, agreed to move forward with the recommendation of the Planning & Zoning Commission with regard to awnings.

The Board, by consensus, agreed to move forward with the Planning & Zoning Commission recommendation with regard to Building Height of AEE’s and SOB’s (Page 46), which is that the building height should be 35 feet.

County Manager, Gary Kaiser, left the meeting at this time and was replaced by Deputy County Manager, Cindy Coto.

After a brief discussion, the Board, by consensus, agreed to deleting the Code Amendment relating to Neon Lighting (Page 63).

Mr. Fall discussed the Code Amendment with regard to grandfathering of AEE’s. He advised that although this was an agreed upon component, the LPA believed that the proposed restriction of 90 days to apply for a certificate to the Planning & Development Director relative to grandfathered status, was too restrictive. They believed this did not allow them time go through the permitting process; therefore, the LPA recommended a 90-day extension, for a total of 180 days.

Commissioner Van Der Weide stated he believes this amendment needs all five Commissioners in attendance.

Rick McKee, representing Homebuilders Association, addressed the Board to advise they oppose the Code Amendment that would increase the minimum dwelling unit size at rezoning (Page 28). He said that currently in place is a procedure for making changes which the Development Advisory Board participates in. He added the concern is that a rezoning hearing is not the proper place or time to change the Code and, therefore, would request this amendment be withdrawn at this time.

Upon inquiry by Commissioner Maloy, Mr. Fisher advised the compatibility issue will be going before P&Z in March.

The Board, by consensus, agreed to hold this amendment for consideration at the same time as the compatibility issue.

William Gildart, 2205 Winnebago Trail, addressed the Board to state he objects to the grandfathering concept, especially when it comes to adult entertainment establishments. He said that just because an AEE has been in existence for years causing problems does not justify renewing their license. He requested the Board delete the grandfathering and to implement a standard of dress.

Edith Gildart, 2205 Winnebago Trail, addressed the Board to state she believes the Board should protect the health, safety, morals and welfare of the public and not grandfather the AEE’s.

Sandy Gonzalez, 2520 Osage Trail, addressed the Board to state he believes all the businesses that were located in this area in the 70’s are now gone, in part, because of the infiltration of the adult entertainment establishments. He said he applauds Seminole County for wanting to improve US 17-92; however, he concurs with Commissioner Maloy that if money is spent on the improvement, it will be wasted unless the Board gets rid of the AEE’s.

Stan Bessmer expressed his appreciation to the Board for their vote on the alcoholic beverage license for The House of Babes. He spoke in opposition to grandfathering AEE’s.

Don Gergick, 215 Graham Road, addressed the Board to state topless clubs are a detriment to the enhancement to the US 17-92 redevelopment process.

Jack (John) Book addressed the Board to advise he represents a group of concerned citizens of Central Florida. He spoke against grandfathering and submitted into the Record a copy of an excerpt of the deposition of Frances Chandler regarding a license for Excitement Video. He said he hopes the Board goes back to a professional attorney to fight the AEE’s.

Susan Doerner, 211 S. Embrey, addressed the Board to speak in opposition to grandfathering, stating the Fern Park and Casselberry residents want the same type of economic development that many of the Commissioners enjoy in their community. She added the adult entertainment establishments need to be moved from the Fern Park area.

Barbara Studwell, 220 Lakewood Circle, addressed the Board to review the history of the County’s hearings on AEE’s. She stated she is opposed to grandfathering these clubs and does not like it when she sees an attorney whose client is an adult entertainment establishment advising the P&Z what will pass mustard in court.

Commissioner Maloy suggested putting the $800,000 approved for the redevelopment of US 17-92 into a fund to fight grandfathering.

Lois Fairbrother, representing the Christian Citizen Awareness Committee and the Northland Community Church, addressed the Board to agree with the comments of the Fern Park residents. She added that she believes there should be some expiration provision for the licenses for these businesses.

Attorney David Wasserman, representing Circus Circus, addressed the Board to state he believes his client has cooperated with the staff and has made a good faith effort to do what the County has asked. He requested the Board to vote in favor of grandfathering.

The Chairman read into the Record Written Comments Sheets which were received and filed.

Commissioner Maloy recommended deleting the grandfathering provision from the proposed ordinance. He said if these clubs are grandfathered, they will be a protected monopoly; they would have a great location and total nudity.

Commissioner Van Der Weide stated he is not in support of grandfathering for a lot of reasons which have been discussed at many previous meetings.

Commissioner Morris stated he will have particular comments at the second hearing on this issue and will be happy to discuss the grandfathering issue in more detail at that time. He said that if the community does not want to have funds directed to the redevelopment of US 17-92, he will be happy to also discuss that. He further said the legal costs are going to continue for years to come and if the community does not support money going toward redevelopment, then he will seriously consider that.

Commissioner Adams stated grandfathering is a very contentious issue. He said he must take into consideration that he is an elected official who represents all the citizens of the entire County.

The Chairman announced there is a split vote with regard to the grandfathering proposal; therefore, consideration of same will be continued until the second public hearing on the ordinance which will be on March 10, 1998 at 7:00 p.m., the first item on the agenda.

Deputy County Attorney, Lonnie Groot, presented the proposed settlement agreement for Eden Park Village, Inc. v. Seminole County. He briefly reviewed the history of the case.

Glena Donovan, 208 Camden Road, addressed the Board to voice her objections to the way the staff has handled this ACLF Special Exception request from the beginning. She said she now realizes that the County staff is more powerful than the BCC, the Board of Adjustment and the taxpaying citizens. She said it appears that the residents don’t have enough sense to realize that a commercial complex with a lighted sign in a residential neighborhood is not in character with the neighborhood. She advised that a breezeway is being built on the subject property joining the main structure with a second structure which she believes was built illegally. She submitted for the Record photographs of the subject property and structures.

Commissioner Van Der Weide stated the BCC overwhelmingly voted to deny the expansion request, but since then, the Courts have ruled in favor of the ACLF. He said this is not the first time that the BCC has been overturned in Court. He added the Commissioners’ hands are tied.

Chairman Morris explained that the reality is that these judges rule the way they want to.

Gary Rogers, 101 Bedford Road, addressed the Board to request the Board draw a "line in the sand" and deny the settlement. He said it appears ACLF’s can ignore the local government and challenge every agency. He stated that the residents do not want the traffic the expansion will produce, and want the facility to look like a single family home and not a commercial business.

The Chairman read into the Record Written Comments Sheets which were received and filed.

Upon inquiry by the Chairman, County Attorney, Robert McMillan, advised should the Board not approve the settlement and go back to Court, the judge will determine it is a frivolous lawsuit and will probably assess attorney fees and court costs against the County. He added that the County will lose the suit.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize the following with regard to Eden Park Village, Inc., v. Seminole County: (1) Settle denial of Special Exception for property described as Lots 4 and 5, Bonaventure Heights; and (2) Direct staff to evaluate the time and manner in which staff reports, conclusions, recommendation and findings are formulated and presented vis-a’-vis the use of those staff efforts in subsequent litigation involving the Board’s decisions.

Districts 1, 2, 3 and 4 voted AYE.

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

Districts 1, 2 and 4 voted AYE.

Commissioner Van Der Weide voted NAY.

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

No report.

The Board was advised that Items #2 and #12 have been pulled for a separate vote.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve and authorize the following:

Districts 1, 2, 3 and 4 voted AYE.

(#2) Request for staff to enter into negotiations with First Capital Property Group, Inc., for lease space in the Welaka Building for the County’s Human Resources Department inclusive of the Employee Development Center, was presented for consideration.

Commissioner Maloy stated he is in disagreement with the hiring of a new Community Relations Department and the space for same.

Motion by Commissioner Adams to authorize staff to enter into negotiations with First Capital Property Group, Inc., for lease space in the Welaka Building for the County’s Human Resources Department inclusive of the Employee Development Center.

Districts 2 and 4 voted AYE.

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

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Deputy Clerk Sandy Wall was replaced by Deputy Clerk Eva Roach at this time, 6:30 p.m.

#12. Kelly Loll, Purchasing Manager, addressed the Board to present request to Approve First Amendment/Time Extension to RFP-187, Closing Agent Services with Shutts & Bowen.

Upon inquiry by Commissioner Adams, Ms. Loll and Mr. McMillan explained why this extension is necessary.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to deny First Amendment/Time Extension to RFP-187.

Districts 1, and 3 voted AYE.

Commissioners Morris and Adams voted NAY, whereupon, the motion died for lack of a majority vote.

Ms. Loll advised the only alternative to this issue is to do an emergency purchase order with another closing agent that can support the service for the County.

Commissioner Van Der Weide recommended that staff come back in two weeks with multiple alternative methods. The Board voiced no objections.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize and approve the following:

Litigation

1. Seminole County v. Lord of Life Fellowship of Winter Springs, et al. - Approve proposed settlement in the amount of $65,534.25, inclusive of land, costs and attorney’s fees, plus a County Engineering commitment to cut back a planned median opening approximately 50 feet (Patti Ann Schoen, owner).

 

2. Seminole County v. Butler Plaza, et al. - Approve proposed settlement in the amount of $3,643.06 relating to Parcel Nos. 100/600; Eckerd Corporation and Publix Super Markets, Inc. (tenants); Howell Branch Road, Phase I; and Seminole County v. Butler Limited Partnership, et al.; Parcel Nos. 113/713; Eckerd Corporation and Publix Super Markets, Inc. (tenants); Howell Branch Road Phase II.

 

3. Seminole County v Pinter Enterprises, et al. - Approve proposed settlement in the amount of $31,500, inclusive of attorney fees and appraisal costs, relating to Parcel Nos. 184/784 of the Seminola Boulevard road improvement project (Thomas and Gwynne Rutenkroger, owners).
4. Fred Jeknavorian and Arlene Jeknavorian v. Edward Terry, et al. – Authorize County Attorney to represent Tax Collector in suit concerning validity of a tax deed sale and dispute between several parties over disbursement of overbid monies resulting therefrom.

Mr. Dwyer presented request for approval to delete the neighborhood park requirements for benches, picnic tables and grills within the Howell Creek Park PUD; property located on the west side of Dodd Road, ½ mile south of Red Bug Lake Road. He stated the developer has determined that the picnic area is not feasible and the adjacent property owners do not wish to have a facility between their homes. Staff has no objections to the request.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve deleting the neighborhood park requirements for benches, picnic tables and grills within the Howell Creek Park PUD; property located on the west side of Dodd Road, ½ mile south of Red Bug Lake Road, Addendum #1, as shown on page ______.

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

Tom Radzai, Civil Engineer I, presented request for a Preliminary Subdivision Plan of Global Village; property located approximately 1/8 mile west of Lake Mills Road on the south side of Brumley Road, Global Intergy Corporation. He submitted a copy of the Preliminary Plan (received and filed). The applicant is requesting preliminary subdivision plan approval for 8 lots on 20 acres. The Planning & Zoning (P&Z) and staff are recommending approval of the request.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve Preliminary Subdivision Plan of Global Village; property located approximately 1/8 mile west of Lake Mills Road on the south side of Brumley Road, Global Intergy Corporation.

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

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Mr. Radzai presented request to approve Preliminary Subdivision Plan of Parc Du Lac; property located on the south side of East Lake Drive, approximately ¼ mile west of Tuskawilla Road, Rink Development and Management, Inc. He stated staff recommends approval of the request subject to: (1) The required turn lane being installed prior to East Lake Drive widening or payment for construction of the turn lane to Seminole County prior to final engineering approval; and (2) Dedication of additional right-of-way for East Lake Drive to accommodate the required off-site requirements.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve Preliminary Subdivision Plan of Parc Du Lac; property located on the south side of East Lake Drive, approximately ¼ mile west of Tuskawilla Road, Rink Development and Management, Inc., with staff recommendations.

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

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Mr. Radzai presented request to approve Preliminary Subdivision Plan of Rainbow Forest; property located on the east side of South Citrus Road approximately ¼ mile north of Red Bug Lake Road, south of and adjacent to Rainbow Elementary School, Spaulding Company. He stated the applicant is requesting a variance to the minimum lot size requirement for installation of individual septic tanks, the development will utilize potable water. Staff recommends approval of the plan and the variance.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve Preliminary Subdivision Plan of Rainbow Forest; property located on the east side of South Citrus Road approximately ¼ mile north of Red Bug Lake Road, south of and adjacent to Rainbow Elementary School, Spaulding Company, with staff recommendations.

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

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Mr. Radzai presented request to approve Preliminary Plan of McNeil Road for 72 lots on 27 acres; property located 422 feet east of Bear Lake Road on the south side of McNeil Road, CHC Development. He stated the proposal includes a variance request for the minimum lot depth requirement of 150 feet to 136 feet for the double frontage lots along McNeil Road. Staff recommends approval of the plan and variance for the minimum lot depth requirement with the installation of a 6 foot masonry wall along McNeil Road.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve Preliminary Plan of McNeil Road for 72 lots on 27 acres; property located 422 feet east of Bear Lake Road on the south side of McNeil Road, CHC Development, with staff recommendations.

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

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Mr. Radzai presented request to approve revised Preliminary Subdivision Plan of St. Johns Yacht and Tennis Club; property located on the north side of SR 46, east of Jungle Road, along the south shore of Lake Harney, St. Johns Yacht and Tennis Club, Inc. A copy of the Site Plan was received and filed. He stated the proposed development contains 197 one acre lots on 320 acres zoned A-1. Staff recommends approval of the request subject to lake excavation complying with Seminole County Land Development Code Chapter 65; Mining, Borrow Pit and Excavation. Removal of material from the site in excess of 10,000 cubic yards shall require Board approval.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to approve Preliminary Subdivision Plan of St. Johns Yacht and Tennis Club; property located on the north side of SR 46, east of Jungle Road, along the south shore of Lake Harney, St. Johns Yacht and Tennis Club, Inc., with staff recommendations; and approval of Development Order, as shown on page _________.

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

Buddy Balagia, Principal Planner, addressed the Board to request direction regarding funding the proposed Fern’s Park senior citizen multi-family housing development; to be built on Lake of the Woods Boulevard in the Fern Park area, Fern’s Park, Ltd.

Commissioner McLain entered the meeting at this time.

Commissioner Adams stated he spoke with the President of Lake of the Woods Homeowners Association, Ralph Foulds, and he submitted a note (received and filed) indicating that the Association has no objections to the request.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to provide $481,853 in SHIP funding from the 1998-99 program allocation to Fern’s Park, Ltd. to develop the proposed Fern’s Park development for seniors, depending on their receiving Low Income Housing Tax Credits for the development.

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

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to authorize Proprietary Source and approve a Master 3-Year Computer Lease Agreement, as shown on page ________, with MLC Group, Inc., Reston, Virginia.

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

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to authorize up to $76,000 from the General Fund Contingency for construction of a restroom facility at the County’s Trailhead and enhanced trail amenities and landscaping, contingent upon the City of Winter Springs entering into an agreement to open and maintain facilities; waive the bid process and authorize the issuance of a proprietary Change Order #3, as shown on page ________, to DB-600-97/BJC-Design Build for Howell Creek Trestle, with Martin K. Eby Construction Co., in an amount not to exceed $75,000 for same; and to authorize advertising for public hearing on March 10, 1998, to amend the Parks Ordinance.

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

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Ms. Rotella advised that the Trails Task Force has recommended naming the County’s Trailhead "Black Hammock Trailhead".

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to name the County’s Trailhead "Black Hammock Trailhead".

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

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Ms. Rotella requested direction on the grand opening date. She stated staff has received letters from the City of Winter Springs relative to the grand opening date. The City of Oviedo has an existing function scheduled for April 18, and the City of Winter Springs is recommending that the opening date be pushed back to May.

Commissioner Van Der Weide requested that staff work with the Cities relative to the grand opening date.

Commissioner Gennell, City of Winter Springs, addressed the Board to advise the City is endorsing the original date which is around April 27.

Chairman Morris asked if any Board member have any objections with him working this out with staff and he will come back with a date that will be suitable with everyone. The Board voiced no objections.

Motion by Commissioner Maloy, seconded by Commissioner Adams to authorize the Chairman to coordinate with staff relative to the grand opening date of the trailhead.

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

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The Board recessed at 7:00 p.m., reconvening at 7:15 p.m., this same date, with all Commissioners and all other Officials, with Commissioners Maloy and Van Der Weide being late, who were present at the Opening Session.

Chairman Morris announced that if the Board has no objections, Item IV.B., Winter Springs Neighborhood Improvement Project, and Item #IV.D.2., Amendment and Rezone, Shutts & Bowen will be considered first. The Board voiced no objections.

Proofs of publication, as shown on page _________, calling for a public hearing to consider Resolution adopting Uniform Method of Collecting Non-Ad Valorem Assessments for Winter Springs Neighborhood Improvement Project, received and filed.

Lola Pfeil, MSBU Coordinator, addressed the Board to review the purpose of the request as outlined in the Agenda Memorandum.

Chairman Morris introduced Commissioner Blake, City of Winter Springs, and the City of Winter Springs City Manager.

Commissioner Blake addressed the Board to state the City has been working with staff in preparing this request and they are looking forward to the Board implementing same.

Tom O’Connell, representing Tuscawilla Homeowners Association, addressed the Board to speak in support of the request.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Commissioner Maloy entered the meeting at this time.

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-43, as shown on page _________, adopting Uniform Method of Collecting Non-Ad Valorem Assessments for Winter Springs Neighborhood Improvement Project.

Districts 1, 2, 4 and 5 voted AYE.

Proofs of publication, as shown on page _________, calling for a public hearing to consider Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Banana Lake Road and ¾ mile south of CR 46A, containing approximately 14.4 acres, Shutts & Bowen, received and filed.

Cindy Matheny, Senior Planner, addressed the Board to advise staff has received a request from Joel Ivey of Ivey, Harris & Walls, representing Joe Edwards, requesting that this item be continued to March 10, 1998. She stated the applicant indicated that they have no objections to the continuance.

A gentleman in the audience addressed the Board to advise he doesn’t think anyone in the audience wanting to address this issue, has any objections to the continuance.

Wendell Springfield, Banana Lake Road resident, addressed the Board to speak in favor of the continuance. He stated the community has had two meetings and they are still working with the applicant.

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

Speaker Request Forms were received and filed.

Motion by Commissioner McLain, seconded by Commissioner Maloy to continue to March 10, 1998 at 7:00 p.m., or as soon thereafter as possible, request for an Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Banana Lake Road and ¾ mile south of CR 46A, containing approximately 14.4 acres, as described in the proofs of publication, Shutts & Bowen.

Districts 1, 2, 4 and 5 voted AYE.

Continuation of a public hearing to consider an Appeal against the Board of Adjustment in denying a Special Exception to permit a Par 3 golf course and clubhouse on a 17-acre site located on the north side of Dixon Road; l/8 mile east of Sunshine Tree Boulevard and ¾ mile north of E.E. Williamson Road, as described in the proof of publication, Jere Pile.

Ginny Markley, Zoning Coordinator, addressed the Board to advise this item was continued from the January 13, 1998 meeting at the request of Mr. Pile. She stated Mr. Pile indicated at that time he needed additional time to complete a traffic management study and impact assessment. To date, staff has not received the study, but has received the site plan. She advised Mr. Pile has deleted the driving range from the site plan and now only has the golf course. She said the Board of Adjustment denied the request based on the proposed golf course being detrimental to the character of the neighborhood, is highly intensive in nature, is incompatible with the concept of low density and would have an unduly adverse effect on the existing traffic patterns. She advised the agenda packet refers to Low Density Residential Land Use designation and that should read Suburban Estates. Staff finds that the proposal is: (1) Not in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) It appears that a Par 3 golf course would be detrimental to the character of the area or neighborhood and inconsistent with the trends of development in the area or neighborhood. Staff has requested that the Appellant submit a detailed site plan (received and filed) indicating the setbacks of the greens from the abutting residential properties and the Interstate 4 road right-of-way, the setback of all proposed structures from the property lines, and the location and height of all proposed lighting and netting. The site plan as submitted lacks detail in which to adequately determine impacts to the neighborhood. Staff has advised Mr. Pile that a lighted golf course with netting would not be in character with the area or neighborhood; (3) A Par 3 golf course with over 50 to 125 cars on weekdays and between 100 to 150 cars on the weekend would be highly intensive in nature and would not be compatible with the concept of low density, rural land use: and (4) A Par 3 golf course would have an unduly adverse effect on existing traffic patterns, movements and intensity. Access is via Dixon Road which is currently a local residential street and is planned to be paved for the current residential use by an MSBU. The proposed use would significantly increase traffic on Dixon Road. Therefore, staff is recommending denial of the Par 3 golf course.

Jere Pile, appellant, addressed the Board to state after the January meeting, he contacted Rural Pitch & Putt about the project having a driving range and the concept of the lighting and netting. They indicated that they would revise to comply with malibu-type lighting. There will be no netting on the project as this is not classified as a Par 3, it is a pitch and putt. The longest hole is 77 yards and the only two irons that will be used on the course is a pitching wedge and a putter. He explained the reason why there will be less traffic count at this course. He also addressed the netting requirements and the access to Rutledge.

Commissioner Van Der Weide entered the meeting at this time.

Upon inquiry by Commissioner McLain, Mr. Pile advised at the last P & Z hearing he was asked to attend a Mandarin Homeowners’ Association meeting to answer questions and he was never invited to same.

Rod Bobele, resident of Mandarin Subdivision, addressed the Board to state the State of Florida has taken action to protect the gopher turtles, advising it is illegal to destroy them or their habitat. He advised there are gopher turtles living behind his home for at least 16 years.

Joseph Collazo, 1862 Long Pond Drive, addressed the Board to speak in regard to the traffic and safety issues.

Maria Peterson, Rutledge Road resident, addressed the Board to state she lives close to the proposed project. She stated there are no sidewalks in the area and she is concerned with the children walking to and from school. She added she never thought that this would be rezoned for commercial use.

Nabil Gerges, resident of 1792 Sunwood Blvd., addressed the Board to state he strongly opposes the proposed project. He spoke with regard to heavy traffic coming to the site, commercial signs, problems with outsiders driving on their lawns, devaluation of property and endangering the lives of the residents. A copy of his comments was received and filed.

Frank Lubinskas, 1890 Crowley Circle E., addressed the Board to state he does not want to live in a mix-use community. He stated he feels that this project will lower the property value of his home. He said he is requesting that only single family homes on one acre lots be required in the area.

Roger Dooley, 1703 Sunwood Drive resident, addressed the Board to state Mr. Pile indicated that this project will only be a pitch and putt course and only pitching wedges and putters will be used and the longest hole will be 75 yards. He said he is a golfer and he can hit a ball at least 110 to 120 yards.

David Robinson, 1551 Sunshine Tree Blvd., addressed the Board to state he feels that the neighborhood will have much more traffic than what Mr. Pile indicates and the neighborhood cannot handle that. He stated there are no sidewalks in his neighborhood and he has witnessed a dog being killed by a lady who did not watch where she was going. He added he feels the neighborhood is being threatened when an additional 150 to 500 cars are brought in.

Jim Wells, Rutledge Road resident, addressed the Board to state he would like the Board to think about the following sign that was placed in a restaurant: "Common sense is served everyday".

Wayne Busch, 1220 Sunshine Tree Blvd., addressed the Board to state if Mr. Pile is granted this exception, he would expect that everyone will come to this golf course on the weekend when they are off. He spoke with regard to the traffic problems on Markham Woods Road.

Donald Stiff, 1722 Rutledge Road, addressed the Board to briefly speak in opposition, stating more lights will cause the loss of beautiful stars.

Bruce Wallace, 1841 Crowley Circle, addressed the Board to state he doesn’t believe that the golf course will be profitable for Mr. Pile and believes the long-range plans for the property are more than a golf course.

Mike Conlon, Rutledge Road resident, addressed the Board to state he has played golf for 42 years and he feels there will be people out there playing golf not knowing what they are doing.

Deborah Zopp, 1826 Long Pond, addressed the Board to speak in regard to losing sales of homes in this area if the proposed golf course is approved. She also spoke with regard to the lights of cars shining through the residents’ homes at night. She stated she is opposed to the request and she would like her investment protected.

Michele Schreiber, 1212 Sunshine Tree Blvd., addressed the Board to state about 10 years ago the Board let her down by allowing a church to be built in their subdivision. She stated she hopes that will not happen again.

Robert Bowden, 1592 Sunshine Tree, addressed the Board to state he supports staff’s recommendation of denial. He stated Mr. Pile has not shown adverse effect and the plan is not in agreement with the trends of the development and it does not meet the Comp Plan agreement.

Irene Shelton, 14 Stone Gate, addressed the Board to state she is speaking on behalf of Frank Shelton. She stated the people have spoken for Mardarin and she is speaking for the entire Markham Woods area, stating they do not want commercial in this area. She spoke in regard to the noise this project will bring and property rights.

Danny Rosenblum, 1712 Sunwood Drive, addressed the Board to state with the additional traffic and people coming to this project, he would expect additional loitering. He stated he feels that more kids will come to the pitch and putt, not adults, therefore, a lot of loitering will occur. He asked the Board to vote against this for the safety of the people living there and for the entire area.

Cynthia Haller, 1707 Sunwood Drive, addressed the Board to speak in regard to the property values and increased traffic in the area.

Greg Person, representing Mandarin Homeowners Association, addressed the Board to state he has lived in Mandarin for 16 years and he purchased his home because it was well built and a rural, secure environment. He stated he is concerned about liquor being sold at the proposed project.

Mary Meerdink, 2001 Crowley Circle, addressed the Board to state she has been a resident of Mandarin since 1984. She stated she agrees with all the comments that have been made by everyone. As a Realtor, she knows how property can devalue once commercial development goes into a residential area.

Jim Barth, 1214 Sunshine Tree, addressed the Board to state he bought his home about 1½ years ago due to the schools in the area and a neighborhood that was confined.

Dale Goembel, 1203 Kumquat, addressed the Board to state he is opposed to using this property as commercial. The Board promised several years ago that the sites would be one acre and he urges them to fulfill that promise.

Ethel Green, Mandarin resident, addressed the Board to state when she moved in the area about 15 years ago, she was told that the sites would be one acre. She stated she is opposed to the zoning due to the safety of the children.

Mary Ann Klein, Mandarin resident, addressed the Board to state she does like commercial, but she does not want to drive through her subdivision to get to it. She stated one thing the residents will enjoy is the rails to trail program that will be going over Dixon Road. She said the increased traffic will have to cross over the trail. She added the Central Parkway has a golf course, but it does not go through a neighborhood.

Brenda Soper, 1619 Rutledge Road, addressed the Board to submit a document (received and filed) that shows not one commercial property is within this corridor. She said Mr. Pile did not speak to any of the residents in the area nor did he submit a traffic study. She added the site plan (received and filed) shows I-4, Rutledge and Dixon Road. If Mr. Pile is going to commit to paving Dixon Road, why does he have a course at the verge of Dixon Road. In order to reach the proposed area, you will have to get off of I-4 at Lake Mary Blvd., then, you will have to drive 2 miles to a residential area, another mile through a neighborhood. This is a ludicrous proposal.

Barbara Kolacksy, 1635 Rutledge Road, addressed the Board to speak in opposition.

Ron Udeck, 1608 Rutledge Road, addressed the Board to question what direction will the wind carry the balls; and, said he doesn’t want these balls coming into his back yard.

Margaret Bynes, Mandarin resident, addressed the Board to state she feels safe in her home now and she doesn’t want to see a ball or someone standing in her back yard.

Lamar Williams, 121 Stone Post Road, addressed the Board to state he feels the neighborhood will be impacted by the traffic and the proposed request will add more problems in the area.

Kathleen Chiaro, 1866 Long Pond, addressed the Board to state when she lived in College Park, she lived two blocks from a golf course. The reason she bought in this area is because it was one acre and it was residential. She stated after two years, Mr. Pile may want to close the golf course and construct some other type of commercial business.

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

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Adams to uphold the decision of the Board of Adjustment, thereby, denying a Special Exception to permit a Par 3 golf course and clubhouse on a 17-acre site located on the north side of Dixon Road; l/8 mile east of Sunshine Tree Boulevard and ¾ mile north of E.E. Williamson, as described in the proof of publication, Jere Pile.

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

Proofs of publication, as shown on page _________, calling for a public hearing to consider request to adopt the Final Typical Section and Alignment for the County Road 419 project, received and filed.

Jerry McCollum, County Engineer, addressed the Board to give a brief overview of the project. He advised that Larry Morey, Professional Engineering and Consultants, will go over the alignment and typical section.

Larry Morey, Professional Engineering & Consultants, addressed the Board to advise the project has been divided into two phases. He reviewed Typical Section I (from Lockwood Blvd. easterly to Willingham Road), Typical Section II (from Willingham Road to Oviedo City limits), and Typical Section IV. He also reviewed Alternative Alignments I (north), II (center) and III (south), and the Evaluation Matrix as outlined in the handout (received and filed).

Mr. McCollum stated the one change that they did was increase the size of the sidewalk after meeting with the City of Oviedo. He stated the alignment and typical section requires no right-of-way and by working with the developer on this, the County will be saving about $3 million.

Upon inquiry by Commissioner McLain, Mr. McCollum advised all of the properties from South Street to the south side have been annexed into the city limits of Oviedo.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt the Final Typical Section and Alignment for the County Road 419 project (Lockwood Blvd. to Second Street in Chuluota).

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

Proofs of publication, as shown on page _________, calling for a public hearing to consider Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Orange Boulevard and north and south of Ohio Avenue, containing approximately 130 acres, Dan and Rebecca Pelham and Allan Keen/Astor Farms, received and filed.

Ms. Matheny reviewed the location, existing and abutting uses, requested density, lot size and the history of the project as outlined in the agenda memorandum. She stated at the January 7, 1998 Planning & Zoning Commission (P&Z) hearing, the applicant indicated that he will be submitting a Plan Unit Development (PUD) Master Plan. The P&Z recommended approval of Planned Development land use and directed the applicant to submit a PUD master plan for them to review. The applicant did submit the plan and staff determined that the density was about 3 units per acres gross, however, it was approximately 4.6 to 4.9 units per acre, net density. At the P&Z meeting, staff recommended denial of the PUD request as they felt the plan would not be in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Land Development Code related to PUD; the requested densities and lot sizes would be incompatible with surrounding development; the applicant has not demonstrated the provision of water & sewer to the site or adequate access to the site. The applicant indicated at that time that they would reduce the number of units from 390 to 360 and that would reduce the net density to approximately 4.5 units per acre. The P&Z recommended denial of the rezoning with findings that: (1) The proposed densities are excessive for the site; and (2) The PUD zoning, as proposed, is inconsistent with the surrounding area. She stated the P&Z requested that the following statements be forward to the Board: (1) Development of the site at densities of greater than one dwelling per acre would reduce environmental impacts due to the provision of central water & sewer service; and (2) The P&Z recommended that the Board consider approval of a PUD plan with lower densities that would be more compatible with the surrounding area.

Ms. Matheny stated staff recommends denial of the request with findings that: (1) The proposal would be inconsistent with the locational criteria of the County’s Comprehensive Plan relating to Medium Density Residential densities and with policies requiring a full range of basic services and facilities; (2) The proposal would not be compatible with development trends in the immediate vicinity along Orange Blvd.; (3) The proposed Planned Development land use at Medium Density Residential densities would be incompatible with adjacent Suburban Estates land use; (4) The proposed Planned Development Land Use with Medium Density Residential densities is not consistent with Plan policies regarding extension of urban services and orderly development patterns; (5) The proposed Planned Development land use, as proposed, is inconsistent with the Wekiva River Protection Act; and, (6) Planned Development land use, as proposed, would be inconsistent with Plan policies identified at this time and, therefore, is inconsistent with the Seminole County Comprehensive Plan.

Mr. Dwyer submitted additional staff analysis (received and filed) of the proposed request and advised staff has looked at what goes beyond the adopted land use is in the northwest area and at the needs of infrastructure in that area.

Upon inquiry by Chairman Morris, Mr. Dwyer advised the significance of the analysis is to make sure the Board is aware that staff has looked at that area from the proper aspect, and when will the Board have the ability to provide infrastructure necessary to support higher density than what is in the area now.

Commissioner McLain and Mr. Dwyer discussed how this development differs with the development of medium density residential on Hester and Myrtle Streets.

Ms. Matheny discussed with Commissioner Adams how the densities are calculated.

Hugh Harling, representing the applicant, addressed the Board to state he is representing the family who is selling the property and the purchaser who is purchasing the property. He stated Mr. Pelham is in attendance and he would like to speak with regard to the history of the property.

Dan Pelham, applicant, addressed the Board to state this property is a unique piece of property. He stated the property contains 130 acres within the Astor Farms and he feels they have a product that will enhance the area. He briefly reviewed the history of the property.

Mr. Harling submitted a booklet (received and filed) containing maps, information relative to area changes, job growth report, existing densities, environmental issues, road capacity/transportation, utilities, access, compatibility, sales analysis, analysis of comparable sales, economic impact, proposed density, and site plan, and the 1991 Comprehensive Plan Update. He referred to the area map in the booklet and reviewed the existing and proposed development use. He reviewed the services that are available in the area and the existing densities. He stated a lake and drainage system will be created with habitat surrounding it. He displayed and reviewed the site plan (received and filed) and advised that they have taken care of the access problem. He added at the request of the homeowners, he has agreed to install a 7 foot landscaped berm and masonry wall along the western and northern perimeter, and an equestrian trail that will connect Ohio Avenue to Lexington Street. He continued by discussing the utility system and capacity. Maps of the proposed area were received and filed.

Chairman Morris surrendered the gavel to the Vice Chairman and left the meeting at this time.

Upon inquiry by Commissioner McLain, Mr. Harling advised he will provide a curb and gutter section and drainage pipes, which pipes the water into the lakes that they have, within a 30 ft. width.

Upon further inquiry by Commissioner McLain, Mr. Dwyer stated he is not aware of the Board approving a project on 30 ft. right-of-way.

Commissioner Morris reentered the meeting at this time and assumed the position of Chairman.

Mr. Radzai advised the County previously approved a project on Cub Lake Drive, but that was due to better soils in the area and the grades were different. In this case, the roads will have to be built up and it will impede the natural drainage flow from adjacent properties. He stated his concern is by building that road up, it will block the natural drainage flow from the existing parcels that flows to the south.

Mr. Harling advised from a design standpoint, they can do it, but it will be more expensive.

Commissioner Adams left the meeting at this time.

Mr. Harling reviewed the Comprehensive Plan Update Policy 2.26.5, Transitional Land Uses; Table 2.1, Determining Appropriate Land Uses; and Table 2.3, Future Land Use Map.

Commissioner Adams reentered the meeting at this time.

Mr. Harling continued by reviewing the definition of Low Density Residential (page 105 of the Comprehensive Plan); map showing the changes of what existed in 1991; maps water & sewer system; and a Land Use Map showing all of the development activities occurring in the area. All above were received and filed.

Upon inquiry by Commissioner Maloy, Mr. Harling advised that improvements will be done at the intersection of Orange Blvd.

Allan Keen, applicant, addressed the Board to state he has been involved in single family residential business for over 20 years. He stated the property contains 130 acres that is useable and the product they plan to put in is desperately needed for the jobs created in the County. He said the homes will range from $120,000 to over $200,000 and he does not believe that this development will have any adverse impact on the neighborhood. This development will add a significant amount of tax base to the County and it will add over $2 million in impact fees.

Mr. Dwyer stated staff has not had an opportunity to review the plan as shown on the screen. He stated the density that they are proposing is not consistent with Planned Development land use. At the P&Z hearing, the applicant was proposing to drop the number of units from 390 to 360, but he has not heard them indicate that tonight.

Commissioner McLain stated he recalls that the P&Z felt one unit per acre was not what they thought was reasonable, but they did want the Board to come up with an appropriate density.

Commissioner Maloy left the meeting at this time.

Discussion ensued between staff and Commissioner Adams relative to net buildable acreage.

Commissioner Maloy reentered the meeting at this time.

Tom Stone, 5711 Deer Path Lane, addressed the Board to state the proposed request does not fit in the community’s plan or the County’s plan. The surrounding properties are developed as one acre. The area is over 90% built out and this type of development does not belong in the neighborhood.

Chairman Morris called for Cindy Crain and was informed that she had to leave the meeting.

Peter Allen, 1260 North Maryland Avenue, addressed the Board to state he heard that some changes will be made on Orange Blvd. to accommodate the proposed entrance on Maryland Street. He stated he would like to know what this will do to his taxes if the proposed project is approved.

Christina Smith, resident on the corner of Nevada and Maryland, addressed the Board to state she bought in Seminole Farms because she loves the country as well as the privacy and safety offered by two dead-end roads. She stated the roads are privately-owned and they are maintained by the residents living along the roads. The developer has never contacted any of the residents to discuss their proposal. She said she strongly opposes the amendment and refuses to sale her private road.

Harry Smith, 5420 resident of Nevada Avenue, addressed the Board to state he has concerns with regard to the drainage along Nevada if this plan is approved. He stated he has problems with the entire access plan. When he purchased his property, he was told the residents would be responsible for maintaining the roads.

Upon inquiry by Commissioner Maloy, Ms. Matheny advised staff believes that these were platted roads that were not built at the time they were platted. As the residents bought property there, they constructed the roads on their own and these roads are being maintained by the County only on an emergency basis, and the residents have taken over the maintenance.

Faith Jones, 763 Mallard Drive, addressed the Board to state her property borders the Astor Farm property and when she purchased her property 17 years ago, she knew that it would be developed. She stated she doesn’t feel the requested density is acceptable. She added 53.8 acres of this property falls within the Wekiva River Protection Act and she would think the density would need to be less. She said she understands that the developer is planning to install a 7 ft. barrier and it may be a fence or vegetation. She stated if this project is approved as presented, what will stop the developer from putting 80 houses on 80 ft. lots.

Bob Bugnacki addressed the Board to submit Petitions, as shown on page _________, of 168 signatures opposing the proposed amendment and rezone, and a map showing in color the surrounding residents who signed said petition. He stated that last year, the developer requested a density of 330 homes and at that time the Board denied the request. Now, he is proposing 390 homes on 130 acres. There are 40 home sites on 200 acres along the southwest and northwest area. He urged the Board to consider staff’s recommendation.

Monte Shoemaker, 5376 East Ohio Ave., addressed the Board to show a video (received and filed) depicting the surrounding area. He stated when the resident bought their land in the area, they did not buy a piece of ground, they bought a way of life. The residents did not want to live in town nor did they want to live next door to a neighbor. He submitted a map (received and filed) showing there is a lot more residents living on Lexington and Astor Avenue than is showing on the map.

C. J. Metzler, 730 Mallard Drive, addressed the Board to advise he is in opposition to the development.

No one else spoke in support or in opposition.

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

Mr. Dwyer stated he reviewed the recorded plat and the plat of Sanford Farms area was hand drawn in 1910. He advised there was no dedication on the plat as they are on normal plats today, but it was clear the roads were separate from the lots. The lots were not platted into the right-of-way. Staff has considered those roads public roads, but the residents may have put the roads in themselves and maintained them.

Mr. Harling stated that the issue of both accesses being paved was discussed at the homeowners’ meeting. There is significant expense with that and it will bring an additional burden on the project.

Upon inquiry by Chairman Morris, Ms. Matheny advised the residents are using the platted roads across the subject property to get to their homes, but they do have other legal access to get to their lots.

Discussion ensued between the Board, Ms. Matheny and Frances Chandler, Acting Planning & Development Director, relative to what the applicant is proposing, and zoning and infrastructure issues.

Upon inquiry by Commissioner McLain, Ms. Chandler advised staff tried to look at the relationship between the lot sizes (85 ft. lots on the perimeter and 60 in the interior).

Commissioner McLain stated he feels that 100 ft. lots would the minimum on the perimeter, and 85 ft. lots would be unacceptable. He stated he feels a larger buffer is needed.

Chairman Morris recessed the meeting at this time in order to give staff and Commissioner McLain an opportunity to discuss this issue further.

Chairman Morris reconvened the meeting at this time.

Ms. Chandler explained this is a plan amendment transmittal hearing and the land use and net density is required to be transmitted to the Department of Community Affairs (DCA). She stated that some of the issues raised tonight are zoning related, and the Board may want to transmit the land use with certain density comparable to low density residential and address the compatibility zoning type issues at the zoning hearing in June. That would give them more time to work out the adjacent issues.

Commissioner McLain asked how does that relate to the Comp Plan as far as this being compatible with General Rural and Suburban Estates.

Ms. Chandler clarified that the Board is addressing it on a general land use basis and until the zoning issues are addressed those issues are outstanding.

Commissioner McLain asked if the Board can transmit this with 100 ft. lot minimum along the border. Whereupon, Ms. Chandler stated that can be included as those are zoning type issues and it may give more of a sense of what’s creating compatibility. Discussion ensued.

Commissioner McLain stated he would like to consider Low Density Residential designation and increasing the buffer to 50 feet.

Ms. Chandler stated it is a Plan Development land use with densities equivalent to Low Density Residential i.e. no greater than four dwelling units per buildable acre.

Commissioner McLain stated another option the Board can do is continue this item until they actually see the plan.

Ms. Chandler stated if the Board did not transmit this item by March 10, staff will only do one of their two eligible plan amendments cycles.

Commissioner McLain stated he would like to see a larger buffer than 25 ft. He stated he also likes the idea of a berm in the area and a wall in the center to give it a bigger open space.

Mr. Dwyer explained for Commissioner McLain the possibility of restricting the houses on the outside to single story houses.

Mr. Harling stated he has no objections to a larger buffer, and would agree with the requirement of single story homes.

Upon inquiry by Commissioner McLain, Mr. Harling advised he would like to see the plan transmitted and what he has presented to the Board is what is described in the County’s Code. He stated if the Board transmits with the design guidelines as outlined with the density, that would put a maximum net cap on it and they would be able to come up with specific designs which meet the requirements.

Motion by Commissioner McLain, seconded by Commissioner Adams to transmit Land Use Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Orange Boulevard and north and south of Ohio Avenue, containing approximately 130 acres, as described in the proof of publications, Dan and Rebecca Pelham and Allan Keen/Astor Farms, subject to a 50 foot buffer; berm and wall of 7 feet centered into the buffers (half the buffer on the outside and half on the inside) and will not be part of the lot, maintained by the homeowner’s association; single-story homes on the two sides; 100 foot lots on the perimeter; and the net density not to exceed 4 units.

Upon discussion, Commissioner McLain clarified the zoning would be R-1AAA.

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

Proofs of publication, as shown on page _________, calling for a public hearing to consider Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located east of Orange Blvd. and 700 ft. north of CR 46A, containing approximately 51.6 acres, Shutts & Bowen, received and filed.

Commissioner Van Der Weide left the meeting at this time.

Ms. Matheny stated staff recommends approval of the land use with findings that: (1) Planned Development land use could be consistent with the locational criteria of the County’s Comprehensive Plan relating to the Planned Development land use designation and with policies regarding design and open space within Planned Development projects; (2) Planned Development land use could be compatible with development trends in the immediate vicinity; (3) Planned Development land use could be consistent with adjacent HIP-TI and Office land use designations if amended to include the zoning provisions stated below; (4) The Planned Development land use designation could be consistent with Plan policies regarding commercial and office uses; (5) Planned Development land use could be consistent with Plan policies regarding transitional land uses; and (6) Planned Development land use would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. She stated staff recommends approval of the rezoning request, subject to: (1) Maintenance of a 50 ft. natural landscape buffer along Orange Blvd. Buffer to be exclusive of any future right-of-way expansion; (2) Buildings within 200 ft. of the west property line are restricted in height to 35 ft.; (3) Retail commercial uses to be prohibited. Within the office/commercial area, commercial uses to be restricted to non-retail uses supporting Office and HIP-TI uses: Banks and similar financial institutions, restaurants (no drive-thru or fast food), hotels and motels; and (4) Permitted office uses shall be those uses permitted in the OP district, and Office and Financial Services uses permitted in the HIP-TI land use designation (Table 2.2a).

Attorney Ken Wright, Shutts & Bowen, addressed the Board to state he concurs with staff recommendations. He introduced Charles McGee, Meredith Harper and Judy Stewart. He displayed an aerial (not received and filed) of the proposed site. In order to facilitate the design of Grant Line Road, he has agreed to work with staff in designing and maintaining a joint retention pond system that will provide for the retention in an appropriate location and incorporate a storm water system into the design. He added he will work with staff in coming up with an agreement to facilitate this. Along the curb line of the eastern side of the property, the Grant Line right-of-way goes along the railroad right-of-way that will be converted to the Rails to Trails System and the applicant is proposing to go ahead and construct that portion of the trail. The applicant has committed to do the landscaping, irrigation and the maintenance of the portions of the trail that front their property. The applicant is willing to work with staff on property to the north and contiguous of this parcel to provide trail parking in that area. He stated the applicant will also provide right-of-way to facilitate the complete right-of-way on Grant Line.

Upon inquiry by Commissioner McLain, Attorney Wright advised the applicant will provide a rectangular retention along the Grant Line segment (Retention Basin #1).

Charlotte Gauss addressed the Board to advise she is the adjacent property owner and she has no objections to the request.

No one else spoke in support or in opposition.

Written Comment Forms were received and filed.

Mr. Dwyer informed the Board that the access points are not shown on the master plan and those will need to be shown on the PUD master plan.

Attorney Wright stated he believes those access points have been shown, but he will make sure those are on the plan.

Motion by Commissioner McLain, seconded by Commissioner Adams to transmit Planned Development Land Use Amendment; property located east of Orange Blvd. and 700 ft. north of CR 46A, containing approximately 51.6 acres, as described in the proofs of publication, Shutts & Bowen, with staff findings and the applicant’s commitments.

Districts 1, 2, 4 and 5 voted AYE.

Chairman Morris informed the Board that they need to submit their comments to staff relative to the Economic Job Incentive Fund Guidelines between the tri-county area. Otherwise, he said they will stay with what was recommended by EDC.

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Chairman Morris stated the East Central Regional Planning Council’s (EFRPC) annual assessments have not been paid and he believes they are planning to litigate the $9,000 that was held back. He stated he is recommending that the Board pay no more than the minimum payment of $1,000 for the ECFRPC annual assessments. If they agree to waive the $9,000, then, the Board will pay the remaining portion.

Motion by Commissioner McLain, seconded by Commissioner Maloy to authorize to pay no more than $1,000 to the ECFRPC annual assessments.

Districts 1, 2, 4 and 5 voted AYE.

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

Commissioner McLain stated during the storm last Sunday, there were over 50 homeowners that had substantial damages to their homes and loss of lives. He stated the response period is over and the recovery period is now starting. A lot of the property owners will want to rebuild their homes and the County will be dealing with those people wanting to place a temporary structure there until they can build or rebuild. He stated he would like to send a signal to staff to be as lenient on those people as possible. He said he feels the County should be able to grant a one year permit to those homeowners in allowing them to place a travel trailer on their property until they can rebuild. The Board voiced no objections.

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Upon inquiry by Commissioner Maloy, Commissioner McLain advised that the missing woman was found this afternoon around 3:00 p.m.

Commissioner McLain stated he understands that two items on the Consent Agenda did not pass this afternoon and he would like to reconsider same.

Commissioner Maloy left the meeting at this time.

Motion by Commissioner McLain, seconded by Commissioner Adams to authorize staff to enter into negotiations with First Capital Property Group, Inc. for lease space in the Welaka Building for the County’s Human Resources Department inclusive of the Employee Development Center.

Districts 2, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Adams to approve First Amendment/Time Extension to RFP-187 - Closing Agents, as shown on page __________, with Shutts & Bowen, Orlando (March 15, 1998 through June 14, 1998).

Districts 2, 4 and 5 voted AYE.

Ms. Coto advised staff will be bringing back additional information associated with the storm victims. She stated she had some discussions with Huey Davis, CDBG Housing Specialist, relative to what funds will be available for those people who do not have insurance.

Commissioner McLain advised that FEMA will be paying for the burial costs of the storm victims. He stated he would like for staff to coordinate with FEMA relative to the available funds.

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Ms. Coto advised the County Manager received a phone call from Dr. Paul Hagerty, who said the School Board Chairman wanted to schedule a joint meeting with the Board. She stated Mr. Hagerty did not submit any topics for said meeting.

Chairman Morris stated the Board will need an agenda so they can figure out if it is feasible to hold a meeting.

Commissioner McLain informed the Board of a town meeting regarding the tornado relief scheduled for Thursday, February 26 at 7:00 p.m. at the First Presbyterian Church. He requested that a qualified staff person or persons attend said meeting to help answer questions.

Chairman Morris stated he feels that the Public Safety Department and the Sheriff’s Division have done a remarkable job in helping the storm victims.

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

ATTEST________________________Clerk_____________________Chairman

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