Present:

Chairman Dick Van Der Weide (District 3)

Vice Chairman Randy Morris (District 2)(Late)

Commissioner Grant Maloy (District 1)

Commissioner Carlton Henley (District 4)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Pastor Warren McKenzie, Trinity Assembly of God Church, Chuluota, gave the Invocation.

County Manager Kevin Grace led the Pledge of Allegiance.

County Attorney, Robert McMillan, addressed the Board to request authorization to appeal in the case of Weat Land Partners II v. Seminole County. A copy of the add-on agenda was received and filed.

Upon inquiry by Commissioner Maloy, Mr. McMillan explained the case and finding of the Court. He advised the Board that staff is still talking to the property owner and will continue

to do so to see if something can be worked out.

Upon inquiry by Commissioner Henley on what the dangers are if the County loses the appeal, Mr. McMillan stated the real issue is that either Seminole County prevails in this regard or the code would need to be changed to put in specific requirements in the zoning districts. He feels if the law stands, there would be some major recommendations coming forth from staff with what the Board needs to do relative to PUD zonings. Mr. McMillan said he suspects that Seminole County may have others joining in this appeal.

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

Deputy County Attorney Stephen Lee addressed the Board to give an update of the Legislative Briefing Items. Copy of the summary briefing items was received and filed. Mr. Lee reviewed the three items regarding the Florida Livery Association’s proposed bill, Middle Basin Projects Funding, and Growth Management Task Force Report.

Commissioner Maloy stated as Commissioner Morris was the one who originally brought up the Florida Livery Association’s proposed bill, he would want to wait for him to be in attendance for discussion.

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

Under discussion, Commissioner McLain said he had received a document regarding Item #19, Award RFP-4104-01/GG-Snacks, Drinks & Hot/Cold Food Vending Services to Snack Time Vending, Inc., Longwood. He asked for an explanation of the protest letter.

Purchasing Manager, Ray Hooper, addressed the Board to state he had answered the protest for each allegation listed. It was his decision to proceed with the recommendation based upon review on his side that Snack Time Vending had all conformances to the RFP.

Mr. Grace said he concurred with the response letter by Mr. Hooper.

Mr. Hooper discussed with Commissioner Maloy the difference in commissions and costs with the vendors. He also advised Chairman Van Der Weide that the vendors had the same supplier but apparently different specifications on the sub sandwiches.

Commissioner McLain said he is wondering why the Board wants to take charge and try to have control of all three buildings when all three might have different needs. He said it seems the Constitutional Officers might want to make some decisions on who they want to service the Public Safety and Courthouse buildings.

Mr. Grace said those are all County buildings. He said staff has tried to include the Constitutional Officers in the process, but the approach was to keep them all under the same contract so there are not multiple vendors and confusion. Discussion ensued among the Board.

Commissioner McLain said he doesn’t have a problem moving forward, but he suggested if there is a problem with this agreement, rather than the Board having the responsibility, that the Board reevaluate the fact that different users might have different desires and maybe let the users select what kind of food service they want.

Commissioner Morris entered the meeting at this time. He said he concurs this is a matter the Board would like to handle right. He thinks it was discussed before on handling each building separately. It seems to him that the problem is that there were only two vendors interested because of the routing system the County is on. The issue is are these qualified bidders and can they provide the services the County asked for. Mr. Grace advised him that the protest has been addressed and the Purchasing Manager has ruled on it.

Further discussion ensued among the Board concerning the lack of volume of business to generate enough revenues and the location of the Snack Bar on the second floor instead of the first floor for visibility.

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

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

Community Services Manager, David Medley, addressed the Board to state United Arts has agreed to use the entire $100,000 minus up to 12% in administrative costs, specifically for activities, arts, and crafts in Seminole County.

Motion by Commissioner Morris, seconded by Commissioner Henley, to approve and authorize the Chairman to execute Contract, as shown on page _______, with United Arts of Central Florida.

Under discussion, Commissioner Maloy stated he doesn’t think the County has enough free funds in the budget for this expenditure and he doesn’t see this as a real function that the County government should be involved in.

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

Commissioner Maloy voted NAY.

Commissioner Morris suggested Commissioner Henley be appointed as the representative to the United Arts Board of Trustees as he was the one who brought this issue to the Board. He also said the only person he knows who is artistically inclined is Commissioner McLain.

Commissioner Henley deferred to Commissioner McLain to serve on the Board.

Chairman Van Der Weide advised if there is not a Commissioner to serve, he has been approached to recommend Alice Weinberg, but he would like to see one of the Commissioners take this position.

Motion by Commissioner Henley, seconded by Commissioner Morris, to appoint Commissioner McLain as representative to the United Arts Board of Trustees.

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

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Fiscal Services Manager, Cindy Hall, addressed the Board to state staff is recommending that the County obtain it’s own disclosure counsel. She requested Board selection of the most qualified firm to provide Disclosure Counsel Services for Seminole County Government; and authorization for staff to negotiate and authorize the Chairman to execute the Agreement with the selected firm. A copy of the Disclosure Counsel Fee Proposal was received and filed.

Upon inquiry by Commissioner Henley, Ms. Hall stated staff has included in the scope what they could think of and staff intends to narrow down the scope. Whereupon, Commissioner Henley said he wants to be sure the Board looks at those items that would be used to have the proper cost to the County.

Commissioner McLain stated he was surprised this item came to the Board on the agenda with an RFP to select a firm without the Board deciding they wanted to hire a disclosure counsel.

Mr. Grace stated that there were private, individual briefings.

Commissioner McLain took exception to Ms. Hall’s statement that typically staff does not bring forth all RFP’s. He said this is hiring an organization to provide a new service never provided before. He said the Board had not discussed the needs and whether they should add a new service to the taxpayers.

Chairman Van Der Weide asked if this was something that would be paid for one way or another. Ms. Hall explained that the last bond issue was provided by the underwriter’s counsel and there is a fee for that.

Commissioner Morris stated the underwriter’s counsel represents the underwriter and not the Board. He said this is the appropriate, safe way to make sure the disclosure is handled in an independent manner by someone who represents the Board.

Gary Akers, Financial Adviser, addressed the Board to state the Trails bond issue is coming up very soon and that is a General Obligation issue. He said that would be a competitive sale and there is no one at this point to provide the services of the disclosure counsel. He said the Bond Counsel is somewhat reluctant as to whether they could do that or not. Some firms consider that to do both roles is a conflict of interest.

While the Board waited to cast their votes to rank the firms, Chairman Van Der Weide asked Commissioner Morris to introduce some guests at this time. Commissioner Morris introduced guests from Southwest France, Mr. and Mrs. Bords. Mrs. Bords addressed the Board to state her experience with practice voting in the Supervisor of Elections Office. Chairman Van Der Weide welcomed the couple to Seminole County. Mrs. Bords presented the Board with croissants.

The Board cast their votes in writing for the number one and number two firms to provide the Disclosure Counsel Services. Mr. McMillan announced the majority vote of 4 to 1 for Holland & Knight LLP, as the number one firm. Commissioner Morris was the dissenting vote.

Mr. McMillan further announced the unanimous vote of the Board was for Akerman Senterfitt & Edison, P.A., as the number two firm.

Motion by Commissioner Maloy, seconded by Commissioner Henley, to authorize staff to negotiate with and authorize the Chairman to execute the Agreement, as shown on page _______, with the selected firm of Holland & Knight LLP, to provide Disclosure Counsel Services for Seminole County Government; and also negotiate the start-up cost.

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

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Betsy Cohen, Purchasing, and David Medley, Community Services, addressed the Board to present request for approval of the "Choose Life" License Plates Implementation Plan and authorization for staff to advertise Request for Qualifications.

Mr. Medley said at this point, there is only one agency in Seminole County that currently qualifies, but when the RFQ’s come in, others might be identified.

Commissioner Morris disclosed he had been contacted by several agencies regarding the distribution of these funds, and he worked with staff to bring this item to the Board. He said hopefully the funds can be distributed in Seminole County and benefit the County, but that may not be the case.

Motion by Commissioner Henley, seconded by Commissioner Morris to approve the Choose Life License Plates Implementation Plan; and authorize staff to advertise RFP-4111-01/BJC, Request for letters of interest/qualifications from prospective recipient agencies for "Choose Life" license plates annual use fee proceeds.

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

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Suzy Goldman, Library & Leisure Services Director, addressed the Board to request approval of hiring of an off-duty Sheriff’s Deputy for the Northwest Branch Library and Greenwood Lakes Park to be funded out of General Fund Contingency.

Commissioner Morris stated he was opposed to the request last year because he was not sure the need was there, and he was opposed because it was an additional budget expenditure when they already had security services at the library. He said he is now recommending this to the Board for approval with the condition that the County does not retain a private security officer, but apply those funds back to the Community Sheriff personnel.

Commissioner Henley stated he would vote in opposition. He said a large number of calls used to support this were hang-up calls from pay phones. He doesn’t believe the Board should be hiring Deputy Sheriffs to enforce library rules. This is dealing with kids and every library has at some time had to deal with a disruptive child. He said he thinks precedent-setting is a wrong thing to do. When you look at the total number of youngsters who use the library, this is a very minimum number. He said as he keeps in mind what the budget situation is now, he cannot support this.

Commissioner McLain said he had some concerns about this item also. However, Commissioner Morris had some reservations the last time, but he has evaluated this and this is in his district. He said he has also spoken with Ms. Goldman and he thinks it is important to get a handle on the things she described to him. The Sheriff’s Department will strictly enforce the rules and if it requires some arrests, that is what they need to do.

Commissioner Morris said it was interesting to see there is a drop in the number of cases. He suggested doing this temporarily and see what happens, and this may answer some of Commissioner Henley’s questions.

Chairman Van Der Weide said if people are breaking the law and disturbing other people, then someone with arrest power is needed. He thinks the staff and community are crying out for help.

Ms. Goldman discussed with Commissioner Maloy the possibility that the pay phones might be phased out by Bell South. Whereupon, Commissioner Henley said he would not recommend taking them out because the phones serve a good, public purpose. Ms. Goldman stated their research of other libraries in Florida showed that it is common to have off-duty Sheriff Deputies in the libraries.

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

Commissioner Henley voted NAY.

Commissioner Morris asked staff to do an evaluation on how this works out.

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Jamie Croteau, Administrative Services Manager, addressed the Board to request authorization to proceed with remediation on the Sheriff’s Office/Public Safety Building using Commercial Paper as bridge financing to initiate the project; Proceed with a request for proposal for a contractor to undertake the remediation; Negotiate a contract with Wiss, Janney, Elstner Associates, Inc. to work with the contractor during remediation; and Negotiate a contract with Bailey Engineering Corporation for air-quality testing services during the remedial effort. She said staff feels it is imperative to move forward with the remediation at this time.

Motion by Commissioner McLain, seconded by Commissioner Morris, to authorize staff to (a) proceed with remediation on the Sheriff’s Office/Public Safety Building using Commercial Paper as bridge financing to initiate the project; (b) proceed with a request for proposal for a contractor to undertake the remediation; (c) negotiate a contract with Wiss, Janney, Elstner Associates, Inc. to work with the contractor during remediation; and (d) negotiate a contract with Bailey Engineering Corporation for air-quality testing services during remedial effort.

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Chairman Van Der Weide recessed the meeting at 10:47 a.m. and reconvened at 11:02 a.m.

County Engineer, Jerry McCollum, addressed the Board to give a status overview of the Current Transportation Programs. He showed and reviewed the Slide Presentation (copies received and filed) of Slides 1 through 13 covering the topics of Sidewalks, Unpaved Roads, Major Projects Status, and Projects on Hold.

Upon inquiry by Commissioner Maloy, Mr. McCollum advised that to add a totally new project to the list would involve entering into an amendment with the four cities.

Pam Hastings, Administrative Manager, addressed the Board to present the Slide Presentation on the 2^nd Generation One-Cent Sales Tax, Slides 14 through 23 (copies received and filed).

Commissioner Morris thanked the staff for a very professional presentation. He said he has a serious problem with a portion of the funding that goes to the State for funding their own roadways. He said the County taxpayers would be taking on a burden that other jurisdictions are not and for which the State has an obligation to do. He noted on these particular proposals, approximately $100 million is going to State and Federal road projects. He discussed the projects and said the interchange over 17-92 and SR 436 does not make sense to him. He said the State should be paying for this.

Commissioner Henley said he shares Commissioner Morris’ concern on this particular item. He would not want to move forward unless the County has in writing that it will receive funding from the State and Federal governments. He said the local people are paying twice and the County doesn’t have control over those projects or where the money goes.

Commissioner Maloy said he concurs with Commissioner Morris. That is the big concern he has when he looks at the County budget and asks the voters to support an issue to pay the County tax dollars and look at some proposals that are their responsibility. He said the Board could pass this half mill tax and still have the County’s responsibilities in front of them. If they are going to support an issue, it should be something that is first a County responsibility. If those are resolved and there are other needs that would benefit County taxpayers, but is not the County’s responsibility, then on a future date they could ask for those items. He said over half of the proposals are not the County’s responsibility directly.

Commissioner McLain said philosophically he doesn’t have a problem agreeing with what the Commissioners have said; however, it is difficult for them to put together a program when other entities whose responsibilities are in the program are not living up to their responsibility to provide the funding. He said the question is are they going to put together a program while they have State government talking about State cuts but leaves it up to the County to fund their projects. He asked are they going to provide a system their citizens want or are they going to avoid those problems from the program and build around them.

Chairman Van Der Weide said it is public money whether spending it on County or State roads. He said when citizens are in a traffic jam, he is not so sure they are aware of who should be widening or funding the roads. They are looking for leadership to have it done. Chairman Van Der Weide said he would like this to be in the category of being reimbursed. He thinks it is a matter of priority. He asked if this is a situation where the County hopes to receive 50% of the funds spent.

Mr. McCollum stated it is his hope to get 50% back from the State.

Chairman Van Der Weide stated the number one issue in people’s minds is a close tie between transportation and the school system. He is not sure they can wait for the legislators to do the right thing. They need to do what they can through a cooperative effort. He thinks this is a sound program; there is a tremendous amount of interest; and some of the mayors and city managers are in attendance today.

Mayor Pronovost, Chairman of the Committee, addressed the Board to state the mayors and managers have been meeting for the last several years. One of the top issues of the group was the transportation infrastructure needs they have in the community. He said over the last 10 years because of the one-cent sales tax, they have been very successful in addressing the infrastructure needs, but there is also a high growth rate in Central Florida and they still have some dire needs. The study done six months ago showed transportation and education as top needs. The group decided it would be in the best interest to work with the County, Cities, and School Board to address the needs. It was the unanimous consensus of the group for this to be brought before the Commissioners to have a referendum to address those two specific needs.

Commissioner Henley said he doesn’t believe the Cities negotiated these items, but they evolved over time. He said staff came up with the list, and he doesn’t think the question ever came up as to whether to support spending tax dollars for State roads.

Mr. Grace said there was a lot of discussion on the issue. The bottom line was that State roads are probably the biggest transportation issue and if the County doesn’t step forward like this, how will they ever get done.

Commissioner Morris reviewed the history of the Beltway and said the Board handled that in opposition to staff. He also related the history of the bridge over the St. Johns. He stated these were examples of how local government stood united and got funding, which shows there is another way. He said this is the first time the Board has discussed this and the alternative is additional money.

Mr. Pronovost stated the priorities this year for the League of Cities is requesting the State for additional funding sources for key transportation infrastructure needs. He suggested they all work together in getting the State and Federal partners to work together to provide funding sources for State and Federal roadways.

Commissioner Henley said the Board has not discussed, if the program is kept in tact and the County is successful in getting the 50% return, what they will do with that money. Whereupon, Mr. McCollum noted that Exhibit C of the staff report is assuming the County gets the 50% return.

Motion by Commissioner McLain, seconded by Commissioner Henley, to tentatively establish a Referendum date of September 4, 2001 (pending Interlocal Executions and Ordinance Adoption) for the proposed 2^nd Generation One Cent Sales Tax.

Under discussion, Commissioner Maloy said he would like to get his concerns aired first. Chairman Van Der Weide explained all the Board is doing is establishing a date and that does not mean they can’t stop action or change it.

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

Commissioner Maloy voted NAY.

Motion by Commissioner Morris, seconded by Commissioner Henley, to approve direction for staff to proceed as recommended in the presentation regarding four "on hold" projects under the Current Transportation Program.

Under discussion, Commissioner Henley stated he concurs that they probably need to give attention to the intersection, and he is also amenable that if they do not have funds to take care of Red Bug Road/434, he would prefer they look at that first. He said he thinks that is more of a problem than at Howell Branch Road. He thinks that intersection is a greater problem and impacts more people.

Mr. McCollum stated that once staff evaluates the Howell Branch situation, they will come back and let the Board know what staff sees and what it would cost. He said it is the staff’s intent to work with all the Commissioners on these projects.

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

The Board entered discussion on the direction to proceed as outlined in the presentation on the 2^nd Generation program, and to continue coordination with the School Board and seven Cities.

Commissioner Morris stated the one-cent sales tax is the responsibility of the Board of County Commissioners. He said the public need to know what it is because people are already talking about it. The issues he has with the One Cent Sales Tax are: (1) Does the Board support Federal and State programs, some or all of them as proposed; and (2) The additional items being put in could be a separate question. He said he believes the Board needs to have a debate on these issues. Also, staff needs to come up with a list of alternative projects for the Board to vote on.

Motion by Commissioner Maloy to direct staff to return with options addressing other County needs specifically looking at State roads and Federal issues to see if some can’t be swapped out for County needs.

Mayor Mary Lou Andrews, City of Oviedo, addressed the Board to state the County Projects section is only one section of the program. She said none of the other project listings need to be released to the press or voted on until a later date.

Mr. Grace suggested maybe the first decision that should be made is on State and Federal roads. Whereupon, Commissioner McLain suggested scheduling another work session to properly debate and discuss this. He said he couldn’t consider having a mixed package sales tax with everything under the sun. He said the Board said to have a one-cent sales tax for transportation planning, and they wanted to make sure the school system was included.

Motion by Commissioner McLain, seconded by Commissioner Morris, to continue discussion with regard to proceeding as outlined and to continuing coordination with the School Board and the seven cities, with the County Manager to schedule a work session to debate these issues.

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

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Commissioner McLain commented on the request for the Eugene Gregory Memorial Park on Lake Harney that the Sheriff has agreed to maintain the park in terms of clean-up and things of that nature. Deputy Moderson has been going out and soliciting from the private sector and has gotten commitments for two-thirds of Phase I. He said this is a true team effort and he hopes all will agree this is one park that the Board needs to pursue vigorously.

Suzy Goldman, Library & Leisure Services Director, addressed the Board to state she is present to answer questions.

Deputy Todd Moderson addressed the Board to answer questions and report on the proposal by members of the Sheriff’s Office and residents to develop a County park on Lake Harney in memory of Eugene Gregory. He introduced others in the audience who were present to show support. A copy of Deputy Moderson’s written comments was received and filed.

Upon inquiry by Commissioner Maloy, Deputy Moderson said the homeowners are very supportive of this project.

Commissioner Morris asked if this proposal has been through the Parks Advisory Committee, and Ms. Goldman answered no, it has not. She said the Parks Master Plan did not recommend any future or funded development of parks outside the urban service district. She further advised that the donation of land is dependent upon its use as a public park.

Ms. Goldman said as the County has limited funding, then those projects recommended in the Parks Master Plan would take precedence because of the population.

Commissioner McLain said this is a historic park; for over 100 years the community has used it. He said the County is not buying the land and not fully funding the cost of it, and they have the Sheriff as a full partner. He doesn’t think they should put this through the rigors of a formalized process that could kill the park since they have a director who says it does not fit the master plan. He thinks this will play nicely into the Trails plan.

Sheriff Eslinger addressed the Board to comment on the need for a substation in this area. He commended Deputy Moderson for his work on this effort. He suggested that he could shore-up the $416,000 they have in commitments from in-kind services and provide that amount to the Board for Phase I of this project and come back at a later date with more information. He said they are a part of the Geneva community as far as the Community Service Center at the old elementary school. They had to vacate that property and have moved to Oviedo and is looking for additional space. This would be a service center for the Deputy Sheriffs assigned to that area. He said they need the infrastructure to facilitate the on-going partnership and nurturing partnership with the people of Geneva.

Commissioner Henley stated he thinks the Deputy and the Geneva people need to be commended for this effort. He thinks it is appropriate for the County to recognize and honor Deputy Gregory, but his concern is that this site is 100% below the 100 year flood plain and 50% of it is wetlands. He asked why is the Board deviating from their process and is not able to weigh this against the needs of the County. He thinks they need to go through the normal process and get input from the Trails people and staff. He added that this could be precedent-setting.

Commissioner Morris added that the issue of honoring Mr. Gregory or the community support is not the case. He said the Board doesn’t just throw out the process because this is a good idea. Sheriff Eslinger stated he never inferred this should not go through the system.

Commissioner Morris said the Board could go through the budget process in the next couple months.

Chairman Van Der Weide stated the recommendation to staff was for a status report and this is the result of the Board’s direction. He thinks all the Commissioners would like to do what is right and recognize Deputy Gregory with a memorial park but this is out of the process as it has not had the Parks Advisory Board to review it. He said the Board can accept this as a status report and have the Parks Advisory Board review it.

Commissioner McLain said he is very supportive of moving forward and participating with this. The Board needs to move forward and look for ways they can creatively find this project financible through the County projects. He said there are some trails connection opportunities and the Board needs to look at all the avenues of finding ways to make a project work that has community, private sector, and law enforcement support.

Sheriff Eslinger said he will come back with a commitment from those private individuals and businesses who are willing to contribute, so they can shore-up the bottom line dollars for the process.

Chairman Van Der Weide stated the consensus is to continue to move forward and accept this discussion as the status report, with the chain of command activities and the budget process to take place. The Board had no objections.

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Chairman Van Der Weide recessed the meeting at 12:40 p.m., reconvening at 1:35 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.

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

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

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon all that part of the unnamed 25-foot right-of-way lying south of Lot 1, Linz's Plaza described as located south of Airport Boulevard and west of Mellonville Avenue, Sanford, Kevin J. Spolski, received and filed.

Senior Engineer, Bryan Potts, addressed the Board to advise the requested vacation will allow for additional parking and stormwater retention for the office building under construction on Lot 1. The applicant has provided a letter of consent from the property owner adjacent to the right-of-way on the south side. The applicant has also submitted letters from utility companies and agencies stating they have no objections to the request provided easements are granted for existing FP&L utilities in the existing right-of-way. Mr. Potts advised the applicant has provided those easements. Therefore, staff has no objections to the request.

Kevin Spolski, applicant, addressed the Board to state the area in question has never been used and is overgrown. He said he will be putting $100,000 worth of landscaping into the project.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2001-R-37, as shown on page _______, vacating and abandoning all that part of the unnamed 25-foot right-of-way lying south of Lot 1, Linz's Plaza described as located south of Airport Boulevard and west of Mellonville Avenue, as described in the proof of publication, Kevin J. Spolski.

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 R-1 (Single Family Dwelling) to C-3 (General Commercial and Wholesale District) for property located north of Dog Track Road, on the west side of CR 427, Mike Hattaway, received and filed.

Planner, Amanda Smith, addressed the Board to present the request, advising currently the property has an R-1 zoning classification, which is in direct conflict with the future land use designation of Industrial. Policy 2.3.1 of the Seminole County Comprehensive Plan states that the County shall eliminate any conflicting zoning classifications of parcels that have an inconsistent future land use designation. The rezoning of the property to C-3 would eliminate the conflicting zoning classification of R-1 with a future land use designation of Industrial. She reviewed the staff findings as outlined in the agenda information. She further advised that the staff recommends approval of the requested rezoning, and the Planning & Zoning Commission approved the zoning change by a 6 to 1 vote.

Mike Hattaway, applicant, addressed the Board to advise he will answer any questions the Board may have.

Commissioner Henley commented that the requested zoning change will make it possible for a billboard to go on the property.

Mr. Hattaway stated the owners do not anticipate putting a billboard on the site. He further stated the property is up for sale. He added that the property will more than likely be annexed by the City of Longwood because of water and sewer.

Chairman Van Der Weide stated he had a similar situation in 1979 relative to city services and it was determined that the city could not make the property owner annex for services if they received Federal funds. He requested the County Attorney to review that situation and report back to him.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Henley to adopt Ordinance #2001-9, as shown on page ________, rezoning from R-1 (Single Family Dwelling) to C-3 (General Commercial and Wholesale District) property located north of Dog Track Road on the west side of CR 427, as described in the proof of publication, Mike Hattaway.

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

No Report.

Commissioner Maloy briefly discussed the meeting held at the City of Oviedo regarding the Transportation Plan. He advised that the City is still moving forward on studying the exit ramp at 417.

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Commissioner Maloy stated the developer and residents are still working together to try to come up with a solution to the parking problem at Riverwind Apartments.

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Commissioner Maloy distributed copies of the Student Housing Task Force Report (copy received & filed). He stated that staff has also received a copy of the report.

Planning & Development Director, Don Fisher, addressed the Board to advise staff will be happy to review the recommendations of the task force. He said that some of those recommendations will probably require amendments to the Land Development Code.

The Board voiced no objections to staff reviewing the recommendations and reporting back on same.

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Commissioner Maloy distributed information pertaining to fabric mulch and irrigation products (copy received & filed) and suggested staff look into these types of products in order to keep landscaping planted along the roadways watered and weed-free.

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Commissioner Maloy reported that LYNX held their annual retreat at Leu Gardens in Orlando.

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Commissioner Morris requested the Board allow County staff and him to enter into negotiations with the City of Winter Springs concerning the dirt roads in Winter Springs, specifically Spring, Lake and Orange. He explained that the County portions of the roads are paved; however the city portions are not and are not being maintained.

The Board voiced no objection to Commissioner Morris, along with staff, negotiating with the City of Winter Springs with regard to same.

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Commissioner Morris discussed the possibility of the County waiving adoption fees of animals for the disabled and the elderly.

The Board directed staff to review this issue and bring it back to the Board with a recommendation.

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Commissioner Morris advised the Board of a complaint from a citizen who lives in the unincorporated area and who is being charged city taxes on his cellular phone bill. He stayed Seminole County does not charge a tax on cellular phones. He stated apparently, the phone companies are using zip codes for billing purposes. He advised Stephen Lee of the County Attorney's Office is researching this issue.

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Commissioner Henley discussed the action taken by the Board of Adjustment (BOA) during last night's meeting pertaining to the approval of a height variance for a sign from 15 feet to 21 feet on property located on the northeast corner of Fernwood Blvd. and U.S. 17-92. He said he is concerned with the way this request was handled by the BOA because a hardship was not identified. He said he may want to bring this item before the BCC.

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Commissioner McLain thanked all the Commission Aides for their support during the absence of his Aide, who was recuperating from shoulder surgery.

Commissioner Henley advised Seminole Vision approved the initial Board for the Seminole County Commission on Youth (which consists of 15 members). They also approved the preliminary draft of the brochure and the web site. He further advised that Dr. Hagerty has assigned Dr. Hortence Evans to work full time on the Commission on Youth for the next six months.

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Commissioner Morris gave a brief update on the status of the East Central Florida Regional Planning Council Interlocal Agreement for the regional study. He added that ECFRPC Chairman, Sandra Glenn, will be happy to brief any of the Commissioners on same.

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Commissioner McLain advised the Economic Development Commission recently hosted people from a distribution center at the Orlando/Sanford Airport.

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

Mr. Grace gave a brief update on the City of Winter Springs annexation issues. He advised that the City is looking at some additional annexations east of DeLeon, but have decided not to proceed with them until after discussions between the City and County have concluded.

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Mr. Grace advised that several issues from the last meeting, i.e., Truck Replacement, Old Grove Lane and Landscaping Maintenance on Lake Mary Boulevard will be brought back to the Board at the next meeting because staff was not able to pull those together for this meeting.

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Mr. Grace advised that DCM, Frances Chandler, will be attending tonight's meeting in his stead.

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The meeting was recessed at 2:20 p.m., reconvening at 7:03 p.m., this same date with all Officials (with Commissioner Maloy being absent), with Deputy County Manager, Frances Chandler, replacing County Manager Kevin Grace, and Deputy County Attorney, Stephen Lee, replacing County Attorney Robert McMillan, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Continuation of a public hearing to consider request to Rezone from A-1 (Agriculture) to OP (Office Professional); property described as a 34-acre parcel of land, located north of Wilson Road, on the west side of International Parkway, as described in the proof of publication, Duke-Weeks Realty Corp.

Chairman Van Der Weide stated the Board has received a Petition, as shown on page _______, from area property owners requesting the Board to deny the proposed Duke-Weeks project.

Matt West, Planning Manager, addressed the Board to submit Exhibit 1 (received and filed) consisting of the agenda memorandum, LPA minutes, and various letters from Dukes-Weeks Realty, DCA, and area residents. He summarized and highlighted some of the aspects of the report that staff prepared. Staff has determined that this site does not contain any environmentally sensitive areas. He reviewed the existing zoning designations and future land uses of those areas to the north, south, east and west. He stated a rezone of OP requires submittal of a site plan. There are seven zoning districts in the County’s Code that requires a submitted site plan. He reviewed the previous application applied by the applicant on April 5, 2000 for PUD. The applicant requested a binding letter from the Department of Community Affairs (DCA) to determine whether or not the scale and size of this project would require a regional development impact (DRI) review. The DCA indicated that it does not have to go through the DRI review.

Mr. West stated staff feels the proposed application does not adequately address site design issues, which are enumerated in the Land Development Code and Comprehensive Plan, therefore, the application and master plan are not consistent with the plan policies. He reviewed Objective 2.2, Future Land Use Element of the Seminole County Comprehensive Plan; Policy 2.2.5 and Table 2.1 Future Land Use Element; Land Use Designation, Definitions, Future Land Use Element Appendix; and Section 30.661 of the Land Development Code, Description of the OP Office District, as outlined in the agenda memorandum. He displayed and reviewed the proposed site plan. He stated the buildings are big-box style and lack architectural compatibility with the adjacent residential neighborhood. He stated the plan indicates a double row of parking spaces along the western side of the project, and under the Land Development Code, that is an active use. The Land Development Code indicates that the development be low intensity so it will blend in with the adjacent residential. These buildings are out of proportion and scale to the adjacent residential and are not low intensity. The developer indicated at the Local Planning Agency (LPA) that he was going to provide a masonry wall along the boundary of Tall Trees and this project, and they will double up on the landscaping and add additional trees. The site plan indicates that there is very little open space left to contribute to active uses or drainage uses. He displayed and reviewed pictures (not received and filed) of an office building on Douglas Ave., a project showing the front and back of Baytree Center off of Lake Mary Blvd., another project under construction next to Lake Mary Elementary School that looks like residential and not offices; the Rinehart Center and homes in Tall Trees. The LPA recommended approval of the request. Exhibit 2 showing the different zoning districts was received and filed.

Don Fisher, Planning & Development Director, addressed the Board to review statements made by the applicant at the LPA meeting. He displayed and reviewed Seminole County Comprehensive Plan Objective 2.2, Future Land Use Element, and Policy 2.2.5, Transitional Land Uses. He also displayed and reviewed the 1991 Comprehensive Plan Appropriate Transitional Table; Comprehensive Plan Table 2.1; Policy 2.12.4, Relationship of Land Use to Zoning Classifications; and Table 2.3 from the Seminole County Comprehensive Plan. He continued by reviewing Notes 6 and 7 of Table 2.3; Definition of Office in the Comprehensive Plan; Seminole County Land Development Code Section 1.10, Effect of conflicts with Seminole County’s Comprehensive Plan; and Contents of the Land Development Code as it applies to OP property (Section 30.661). He displayed and reviewed an aerial of the site and an overlay of the site plan (both received and filed). He stated the areas in blue are retention, the white is parking and yellow areas are buildings. Therefore, there isn’t much room for consideration of the features of the land or existing trees on the site. He stated the applicant indicated that these buildings were low-profile. Staff looked up the definition (received and filed) of low-profile and it means "a deliberately inconspicuous, modest, or anonymous manner." The applicant asserted that they are complying with all of the setback and buffer requirements. He displayed and reviewed Section 30.1232, Active/Passive Buffer Setback Design Standards.

Cindy Matheny, Senior Planner, addressed the Board to display and review code issues involved in this plan relative to active/passive buffers on the site. She reviewed the OP buffers along International Parkway; OP zoning requirements; major issues for the aquifer recharge area; a preliminary PCD plan (received and filed) and the conditions that were approved in 1999 for Nancy Rossman. She said the Rossman PCD abuts Suburban Estates land use and A-1 zoning and neither one are considered residential, however, to appropriately transition from PCD to this subdivision, they provided primarily passive uses along the western property line. The actual buffers ranged from 120 ft. to the north and 150 ft. to the south, which is substantially greater than the 31-38 ft. wide buffer that Duke-Weeks is proposing on this proposed request. She reviewed the conditions relating to operating hours and operating hours restrictions, signage requirements, wall recommendations, and landscaping for the Rossman PCD. She reviewed some of the issues that relate to office professional type zoning. She displayed and reviewed a site plan that was approved on Wekiva Springs Road, a site plan for OP district for Cambridge Square located south of SR 434 (both were received and filed). She stated staff is recommending denial of the request and adoption of a denial development order with findings that the project is: (a) Inconsistent with Objective 2.2 of the Future Use Element of the Comprehensive Plan regarding compatibility with surrounding land uses; (b) Inconsistent with Policy 2.2.5 and Table 2.1 of the Future Land Use Element regarding transitional uses; (c) Inconsistent with Office Land Use Definitions-Special Provisions of the Comprehensive Plan Future Land Use Element Appendix; (d) Inconsistent with Section 30.661, Seminole County Land Development Code relating to the OP zoning district.

Attorney Miranda Fitzgerald, Lowndes, Drosdick, Doster, Kantor & Reed, addressed the Board to introduce Jonathan Martin, Civil Engineer with Kinley Horn Associates; Cliff Tate, Traffic Engineer with Kinley Horn Associates; and Matt Horan with Lowndes, Drosdick, Doster, Kantor & Reed. She stated she disagrees with the conclusion of staff’s report and the rationale on what their recommendation was based. She said the central theme is that the application is consistent with the Comprehensive Plan and it meets or exceeds every requirement in the Land Development Code. She added she is aware that when the plan was initially done, the County’s current codes or buffer standards were not yet adopted. She said she feels the Board has not taken the appropriate action to implement architectural authority regarding the permitted uses in the OP category.

Attorney Fitzgerald submitted a disk and CD (Exhibit 1 received and filed) containing a Powerpoint overview of her presentation. She submitted a copy of her resume (Exhibit 2 received and filed). She also submitted a resume (Exhibit 3 received and filed) of Jonathan Martin, Civil Engineer.

Jonathan Martin, Civil Engineer, addressed the Board to give a generalized overview of the project. He displayed a site plan and advised the site consists primarily of 90% pine trees. The development plan consists of 5 buildings, and Buildings 1-3 will consist of approximately 66,000 sq. ft. Buildings 4 and 5 will consist of 75,600 sq. ft. each. Four access points will be provided to the site, three being on International Parkway and one on Wilson Road. The southerly and northerly access points on International Parkway will be right-in and right-out and the middle will be a full access driveway. Wilson Road will also be a full access driveway and the applicant is planning to improve this road as well. An active buffer of approximately 31-38 ft. is being proposed along the Tall Trees Subdivision as well as a 6 ft. wall and a double row of canopy trees. He referred to an error in the open space requirement on their site plan and he explained the purpose of the error. He stated with respect to aquifer ponds, he is proposing dry ponds and this will allow the water to perk in and discharge only the excess water above and beyond water quality requirements.

Upon inquiry by Commissioner Henley, Mr. Martin advised the square footage of the building is 349,200 and the asphalt is 610,800 sq. ft. The actual total square footage is 1,462,745. The open space is 34.26 sq. ft. including the ponds.

Attorney Fitzgerald stated everyone agrees that the Future Land Use Map designation is Office and the OP zoning office district is consistent with the Office Land Use designation. Comprehensive Plans are a combination of goals, objectives and polices and they establish a general framework for future development over a long-range planning horizon. Comprehensive Plans are not self-implementing. She referred to Section 163.3201 Florida Statues entitled "the Relationship of Comprehensive Plans to the exercise of Land Development Regulatory Authority." The intent of the Act is that adoption and enforcement by a government body of regulations for the development of land shall be based on a means of implementation for the adopted Comprehensive Plan as required by the Act. She pointed out that any enforceable design criteria must be included in the County’s Land Development Code. Section 163.3202, F.S. also states "that local land development regulations shall contain specific and detailed provisions necessary to implement the adopted Comprehensive Plan and shall, at a minimum, contain provisions that regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent land uses as well as provide for open space." Under Florida Law, compatibility provisions in the Comprehensive Plan that have not been implemented in the Land Development Code are not enforceable. She stated the County’s Land Development Code recognizes Section 1.9, Further Implementing Actions, and she reviewed same.

Attorney Fitzgerald displayed Objective 2.2 and she advised it indicates that the County shall ensure the long-term viability of neighborhoods by regulating future development to create compatibility with surrounding land uses. She also displayed Policy 2.2.5 and Table 2.1 regarding transitional land uses and she explained the text of this policy and what Table 2.1 reveals. She stated the County has adopted several special provisions to impose more stringent standards on non-residential uses that are going to be developed adjacent to residential areas. The other Comprehensive Plan provision cited in the staff’s report maintains that their proposed zoning is inconsistent with the Comprehensive Plan. It is a definitional section as it is included in the definition of office in the Comp Plan. She continued by stating the OP zoning district has very detailed requirements and development standards and she reviewed them as outlined on the Powerpoint report. She displayed and reviewed the active/passive buffer standards as outlined in Section 30.12.32 of the Land Development Code. She reviewed Exhibit 4 (received and filed) showing the code requirements and percentages included in the International Parkway Business Center plan. She reviewed the objections raised by staff and residents relative to site design issues. She stated the preliminary site plan complies with the code requirements. Those code requirements do not address appearance. They address the building and height size, horizontal type site design issues and they have complied with those standards. She stated the code allows a maximum of 35 ft. of height for offices and these buildings will have a closed ceiling height of 16 ft. and the top of the roof will be about 21 ft. She said she feels that the agricultural zoning on this site should be changed as the character of the area has changed substantially. She stated staff has said that even if the site plan meets or exceeds all of the standards, the intent of the code has not been satisfied. The intent of the provisions does not impose separate, more stringent standards. She reviewed a litigation case relating to Colonial Apartments vs. City of Deland and stated this case is strikingly similar to the circumstances that is before the Board this evening. She stated the difference is it involves apartments and not offices.

Upon inquiry by Commissioner Morris, Attorney Fitzgerald reviewed the relevance of the Deland litigation and the details of OP zoning.

Attorneys Fitzgerald stated the homeowners in Tall Trees Subdivision feel that the value of their homes will decline if this is approved. She said they take issue with that.

Michael Sorich, Integra Orlando, addressed the Board to submit his resume (Exhibit 5 received and filed). He stated his purpose tonight is to address this rezoning and to talk about whether this will impact the adjoining residential subdivisions. He said his conclusion is there is no negative impact on adjoining neighborhoods. He displayed and reviewed the procedures that he went through in reviewing the proposed site plan and the major elements to consider. He stated the end of the buildings will be facing the subdivision and they will not have a big box look. He continued by reviewing the access features and nearby uses. He displayed and reviewed photographs of the typical façade of these buildings and what the impact and value might be for adjacent neighborhoods. Copy of his Powerpoint Presentation was received and filed.

Attorney Fitzgerald stated she feels very strongly that the office zoning and site plan is consistent with the Comprehensive Plan and the Land Development Code and she believes this request should be approved.

Chairman Van Der Weide recessed the meeting at 8:40 p.m., reconvening at 8:55 p.m.

Chairman Van Der Weide stated Commissioner Maloy is not in attendance tonight as his wife had a nasty spill.

Attorney Matthew Smith, Akerman Senterfitt, addressed the Board to state he represents Tall Trees Association. He submitted a booklet (received and filed) consisting of an affidavit of Mack Alan Cope as well as his resume, and a Powerpoint presentation. He stated the residents of Tall Trees understand that the site will be developed as professional office and they support a professional office project as long as it is consistent with the Comprehensive Plan and the Land Development Code. He reviewed the proposed location of the site; surrounding uses of the Future Land Use Map; three reasons why this development cannot be approved; the key language of the Comprehensive Plan Objective 2.2, Protection of Residential Neighborhoods; requirements for Comprehensive Plan Policy 2.2.5, Transitional Land Uses; Definition of Table 2.1, Appropriate Transitional Land Uses; Intent of OP Office District Regulations; What the ultimate site must do for OP Office District Regulations; and Accessory Uses and what they should and should not include. He stated the project is industrial flex space and not professional office. He displayed and reviewed the Elements of Office Development and Elements of Flex Centers. He displayed a picture of City Center in Lake Mary and reviewed the features of same. He displayed and reviewed pictures of a Duke-Weeks strip center project located at the Airport Commerce Center; Technology Park located in Orlando; Consolidated Service Areas; Visible Tenant Signage; Other Projects located at the Lee Vista Center, a project between Sand Lake Road and the Beeline; and a business center along I-4.

Attorney Smith stated the proposed flex center does not comply with Section 30.661. He reviewed the Site Requirements that must be provided for OP Office District; Intensive Land Use/Site Coverage; How big is 349,200 sq. ft.; Intensity of Site Coverage; Site Intensity Comparison; and Section 30.661 Site Requirements. He displayed pictures of Duke-Weeks projects consisting of Well Landscaped Images; Buildings that Blend with Residential; and Low-Profile Buildings. He stated the proposed flex center does not comply with Section 30.663. He displayed and reviewed photographs of the Parkway Legacy. He stated the proposed flex center does not provide: low intensity of land usage; low intensity of site coverage; well landscaped image; blend with nearby residential areas; or low profile buildings. He said the Professional Office Use and Multi-Story Office are compatible with residential uses in the area. He added he would recommend that the Board deny the application and to require the developer to resubmit a site plan that complies with the Comprehensive Plan and Land Development Code.

Roger Barnes, 5092 Blacknell Lane, addressed the Board to review the background of the project. He stated the issue tonight is not one of rezoning, but of compatible transitional uses. That means thoughtful consideration must be given to allow passive buffers abutting the homes, attention to landscape design, and buildings that encompasses character and less intensity. The residents do not mind seeing two or three-story buildings, or whatever size buildings, that will fit on the property and meets the code. He stated he wants to go on record that he has no problem with taller buildings that will allow more green space between them and provide a transitional field compatible with their neighborhood. He said he has personal concerns with regard to the way this project is being structured over a 5-year period.

Sharon Lackey, 5068 Greylock Ct., addressed the Board to read an e-mail relative to her concerns of this project.

Deborah Taylor, 4847 Shoreline, addressed the Board to state she is a resident of Lake Forest, and Lake Forest is part of the SR 46 coalition advocating smart growth. She briefly reviewed the background of Lake Forest. She stated the residents of Lake Forest support the residents of Tall Trees and she supports staff’s recommendation to deny this request. The residents would like to see the north end of International Parkway developed in an upscale manner similar to the smart growth approach that has been taken on the southern part.

Chairman Van Der Weide stated he has received over 50 Written Comment Forms (received and filed) opposing the request. Speaker Request Forms from Monte Shoemaker and Ira Schwarterberg were received, but they did not speak.

Attorney Fitzgerald stated she has met repeatedly with the homeowners and at every meeting she has made concessions. The residents have made it very clear that components of industrial uses were not acceptable. She stated the plans were changed to an Office use and every office that she knows of has a storage component to it. The product that she is trying to create on this site is different from the HIBC project. What they are trying to do is create offices that will be used by planning firms and architectural firms. She said she felt the design of the buildings would be more compatible with the residential area because it is a low-profile building. The applicant will comply with the codes in the OP Office District. This site has been planned in accordance with the topography as opposed to piping the water. At this point, the County has not implemented the Comprehensive Plan through the Land Development Regulations. She stated she would appreciate the Board approving this request.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Commissioner Henley stated for the Record, he has met with Attorney Fitzgerald and the homeowners’ attorney, and he has received numerous letters and e-mail pertaining to this rezoning request. A file containing letters; agenda and transcripts of P&Z meetings; Seminole County Land Development Code for OP office; Leadership Day 2000; Listing of recent sales in the Tall Trees community; Typical building plan by Duke-Weeks, with pictures; meeting ad for homeowners meeting; Statement of homeowners’ issues; Newspaper articles; Quotes from staff’s report; Maps; Photographs; article on trees on adjoining properties, as well as a copy of the Petition previously submitted to the Board, were received and filed.

Chairman Van Der Weide stated he has received correspondence as well.

Commissioner McLain stated he has spoken to both sides. He stated he would like to thank the attorney for the homeowners for holding off on as many meetings as possible because the Board could have been inundated by as many meetings.

Upon inquiry by Commissioner McLain, Mr. Fisher advised he has seen the issues that Attorney Fitzgerald considered, but those conditions would not change staff’s recommendation. He stated he would like to clarify a couple of points that were made during tonight’s presentation. The applicant identified everything on Table 2.2.5 but the last sentence and that was the purpose of staff providing that particular section. That particular section indicates that Table 2.1 should be used in determining appropriate transitional uses. The applicant indicated that this is a use expressly listed in this table. It is expressly listed but with a caveat that the use can be compatible. It listed several things including architectural controls, hours of operations, etc. It also indicated that this situation may require a PUD or PCD zoning to address these issues. He stated staff feels that goals, policies and objectives to the 1991 Comprehensive Plan had been implemented. He submitted a copy of staff’s report and BCC and P&Z public hearing minutes (all received and filed) of when the land use was assigned to this property in 1989. Staff indicated at the time that Office land use would be appropriate, however, PUD zoning would be appropriate to address compatibility issues. The P&Z Commission indicated that PUD would be appropriate for this property to address compatibility issues. The BCC minutes did not reference to this issue. He stated there was an inference made that the goals, policies and objectives of the Comp Plan are not enforceable unless the Land Development Code provision was provided for that referenced back to that Comp Plan revision. He advised the Land Development Code provides overriding authority, but the Comp Plan overrides the authority in case of a conflict. The OP requires a master plan. If a Comp Plan policy is listed and if there is no corresponding Land Development provision, then that Comp Plan policy is useless and should be thrown out.

Mr. Lee stated it is not his understanding of the law that failure to address a particular Comp Plan Policy goal or objective in the Land Development regulation would bring that Comp Plan provision meaningless. He stated he does not agree with Attorney Fitzgerald’s analysis on that.

Commissioner Morris stated he had communications with the representatives for the applicant, the applicant and attorneys from Lake Forest.

Upon inquiry by Commissioner Morris, Mr. Lee advised he would have to disagree that the Comp Plan can be rendered meaningless by a Land Development Code or lack thereof. He stated Chapter 163 clearly states that if there is a conflict between Land Development regulation and the Comp Plan policy, all of the development issues have to be consistent with the Comp Plan.

District Commissioner McLain stated when the applicant presents a plan with street access and roll-up doors, he doesn’t see it as office professional. The perimeter of the buildings provide for less open space. Staff’s findings are: (a) Inconsistent with Objective 2.2 of the Future Land Use Element of the Comprehensive Plan relating to compatibility with surrounding land uses; (b) Inconsistent with Policy 2.2.25 and Table 2.1 of the Future Land Use Element regarding transitional uses; (c) Inconsistent with Office Land Use Definitions, Special Provisions of the Future Land Use Element Appendix; and (d) Inconsistent with Section 30.661 of the Land Development Code relating to OP zoning district. He stated after hearing testimony tonight, he would have to recommend denial of the request.

Motion by Commissioner McLain, seconded by Commissioner Henley to deny request to Rezone from A-1 (Agriculture) to OP (Office Professional); and adopt Denial Development Order, as shown on page _________, for property described as a 34-acre parcel of land, located north of Wilson Road, on the west side of International Parkway, as described in the proof of publication, Duke-Weeks Realty Corp.

Under discussion, Commissioner Henley stated he agrees with Mr. Lee’s comments relative to Ms. Fitzgerald’s presentation. He stated the main concern he has is he does not think it meets with Section 30.661 as there is not a preamble to this. He said any reasonable person looking at the proposed plan would come to the conclusion that this is not low intensity use of land on the site, and the buffering around the perimeter does not meet adequate landscaping in order to make it more compatible.

Commissioner Morris stated he feels the motion is directly on point, therefore, he will be supporting the motion.

Commissioner McLain stated it is nice to hear the community understand that Office is needed in this area. He stated he is looking forward to another application being submitted. He said Duke Weeks is needed in this community and there are places where those needs can be met. He added he would encourage them to stay in Seminole County as there are places in the County where facilities like this can be built.

Districts 2, 3, 4 and 5 voted AYE.

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Chairman Van Der Weide recessed the meeting at 10:20 p.m., reconvening at 10:30 p.m.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request for an Appeal against the Board of Adjustment in denying a 10-foot, in lieu of a 15-foot, side street setback variance for a proposed family room addition to their existing residence; property located at the southwest corner of Seminole Avenue and Grove Avenue, ¼ mile east of Tangerine Avenue and south of Howell Branch Road, James and Carla Bruton, received and filed.

Chairman Van Der Weide stated since the District Commissioner and the appellants are not in attendance, he would recommend that this item be continued.

No one spoke in support or in opposition.

Motion by Commissioner Henley, seconded by Commissioner McLain to continue to March 13, 2001 at 7:00 p.m., or as soon thereafter as possible, request for Appeal against the Board of Adjustment in denying a 10-foot, in lieu of a 15-foot, side street setback variance for a proposed family room addition to their existing residence; property located at the southwest corner of Seminole Avenue and Grove Avenue, ¼ mile east of Tangerine Avenue and south of Howell Branch Road, as described in the proof of publication, James and Carla Bruton.

Districts 2, 3, 4 and 5 voted AYE.

Susan Eberle, 652 W. Palm Valley Dr., addressed the Board to submit and read into the Record her letter relating to major concerns with the new Singhofen study named "Engineering Study & Drainage Inventory for the Little Econ River Basin." She submitted an article entitled "Sharp Cut in Development Proposed-On Flood Plain" and documents entitled "Creating a Disaster Waiting to Happen" and "Previous Investigations".

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:40 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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