PowerPoint presentation (copy was not received & filed) on the 2004 Event Summary, including the summary of events, number of room nights, economic impact, and total resort and sales taxes. He advised that Seminole County has been chosen the winner of having the Best Collegiate Multi-Sporting Event for 2004. He presented the Board with the crystal trophy for same and expressed his appreciation for their support.

Mr. Saboor continued with his presentation, briefly discussing the Events Summary for 2005 and the estimated room nights and economic impact for same.

Chairman Henley expressed the Board’s appreciation to Mr. Saboor for the work he continues to do.

Upon inquiry by Commissioner Morris, Mr. Saboor advised he will be making this same presentation to the TDC.

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Dennis Dolgner, Seminole County Port Authority Administrator, addressed the Board to report on the activites of the Port and to present a check in the amount of $300,000 to the County for the purpose of enriching the County’s small business industry.

Mr. Dolgner read into the Record a Resolution adopted by the Authority recognizing Commissioner Henley for his service on the Seminole County Port Authority.

Bill Poe, Chairman of the Port Authority, addressed the Board to present Commissioner Henley with a plaque in appreciation.

Commissioner Henley expressed his appreciation for the plaque; and on behalf of the BCC he thanked the Port for the check.

COUNTY MANAGER’S CONSENT AGENDA

Mr. Grace advised he is pulling from the agenda Item #12, Deductive Change Order #8 for CC-1193-02/BJC. He also advised that there is a request to continue Item #38, Heathrow International Business Center public hearing.

Commissioner Morris stated he has learned that several jurisdictions have criteria for granting continuances of public hearings. He suggested these be reviewed and presented to the Board.

Chairman Henley stated he would be open to exploring criteria for granting continuances. Commissioner Carey agreed that she would like to see if a policy could be implemented.

Commissioner Dallari stated he requested staff to contact the applicant on Item #45, Osprey Lakes Ph. 4, to determine if they are asking for a continuance or a withdrawal so that interested residents can be advised.

The Chairman clarified that the Board is asking Mr. Grace to research how other entities handle requests for continuing public hearings and to report back to the Board at the next meeting.

Under the Consent Agenda, Mr. McMillan briefly answered questions from Commissioner Morris with regard to Item #8, Budget Amendment Request for Lake Drive. Commissioner Morris requested Mr. McMillan provide him with a list of liability and settlement issues with regard to the Lake Drive road project.

Commissioner Morris also requested staff provide him with a suspension date with regard to Item #9, Budget Amendment Request for the YMCA grant.

Commissioner Morris reminded Mr. Grace that he had requested a briefing on homeland security and said a comprehensive overview is needed. The Board voiced no objections to scheduling same.

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

Community Services

4. Approve appointment of Gregg D. MacDonald as health care purchaser to the Board of Directors of the Local Health Council of East Central Florida, Inc.

Environmental Services

Business Office

5. Approve extraordinary rate adjustment request consistent with the terms of the contract for collection services. Staff is requesting the increase for the services months of January through March 2005.

Fiscal Services

Budget

6. BCR #05-18 – $950,995 – Public Works – Roads-Stormwater – Fund: 11500 – 1991 Infrastructure Sales Tax Fund. This budget adjustment is to cover costs associated with implementation of the Kring/Khoshnou vs. Seminole County settlement package recently approved by the Board of County Commissioners (Agenda Item #71, 12/14/04). It includes exercising the option to purchase one lot prior to March 14, 2005, that is necessary for the Markham Woods Road & Drainage Project. This transfer provides funds for parcel acquisition and closing, geotechnical and survey services, construction, and inspection for the proposed alternate drainage outfall for Markham Woods Road and its tributary areas. Funds for the drainage project are available from two joint Markham Woods Engineering projects that have been completed. Payment of a negotiated claims settlement of $275,000 prior to the end of last calendar year was previously covered in a separate BAR (#05-16, also approved on 12/14/04).

7. BCR #05-19 – $886,104 – Information Technologies – Information Services – Fund: 00100 – General Fund. This transfer is requested to create a reporting project number to track Article V expenditures for State reporting and compliance purposes. This adjustment is for reporting purposes and has no effect on the original adopted budget. New Project: Article V-Technology - Project #2337-01.

8. Adopt appropriate Budget Amendment Resolution #2005-R-19, as shown on page _______, (05-22), $2,990,000 – Public Works: Fund 1991 Infrastructure Sales Tax (11500) & South Central Collector District Impact Fees (12605). Funding estimated at $2,000,000 is needed for the impending final stages of land acquisition activities associated with the 4-laning of Lake Drive, from Seminola Blvd. to Tuscawilla Rd. Much of the needed right-of-way has now been acquired through negotiations but as this project has progressed over the last ten years, costs for the right-of-way became less predictable, and the resulting current year budget is insufficient to cover the balance of the acquisition phase of the project. This transfer will provide for the anticipated costs to conclude acquisition activities, allowing funds to be available in a timely and responsive manner as mediation and litigation activities are completed for the approximately two dozen parcels which remain to be settled. Adequate balances are available in the budgeted reserves of the pertinent Impact Fee and Sales Tax Funds which resource this project. In addition to land acquisition, there is a need to address the City of Casselberry’s utility portion of the project’s construction phase. The city-related cost is projected at $990,000, consisting of $907,734 estimated to be part of the construction contract and $82,266 for construction engineering and inspection (CEI) services. This will be reimbursement revenue received by the County to cover costs relating to utility installations under the Interlocal Utility Construction agreement, approved by the Board of County Commissioners on December 14, 2004 (Agenda Item #58).

9. Adopt appropriate Budget Amendment Resolution #2005-R-20, as shown on page ________, (05-24), $65,000 – Fiscal Services: Fund 00100 – General Fund. Additional funding of $65,000 was approved for the Community Service Agency Partnership Grant at the November 11, 2004 BCC meeting (Agenda Item #55). This additional funding was for the YMCA ($25,000), Christian Sharing Center ($25,000) and for the School Readiness Coalition ($15,000).

10. Adopt appropriate Budget Amendment Resolution #2005-R-21, as shown on page _______, (05-25), $30,000 – Library & Leisure Services: Fund 00100 – General Fund. The Parks & Recreation Division has $70,000 budgeted for playground equipment replacement at Lake Mills Park. Since budget adoption staff has learned that the surfacing beneath the play units must be replaced as well to meet current industry standards. An additional $30,000 is required for the surfacing and site preparation.

11. Adopt appropriate Budget Amendment Resolution #2005-R-22, as shown on page _______, (05-27), $71,636 – Administrative Services: Fund 00100 – General Fund. Requesting funds be transferred from Reserve for Contingency to fund the costs associated with the new lease for the Seminole County Health Department and Community Services. (Approved by the BCC on January 25, 2005 Item #31). The new lease includes the original leased premises of 4,200 SF, plus an additional 5,172 SF suite bringing the total square footage to 9,372. The lease has an initial term of five years with three one-year renewals. The lease space is located at Goodings Plaza, 132 Sausalito Boulevard, Casselberry, Florida.

Purchasing

12. Withdrawal from agenda request to approve Deductive Change Order #8 ($39,840.00), accept and authorize the Chairman to execute the Certificate of Final Completion for CC-1193-02/BJC – Wilson Landing Park Construction.

13. Approve Amendment #3, as shown on page _______, to PS-5101-01/BJC – Professional Services for the Design and Environmental Permitting of the Cross Seminole Trail South – Phase I (Orange County to Mikler Road), with Dyer, Riddle, Mills & Precourt, Inc., of Orlando, Florida, (Time Extension: March 18, 2005 through March 18, 2006).

14. Approve Changes to the Scope of Services for A/B-394-00/GG – Exterior Window Cleaning, with D&A Building Services, Inc., Altamonte Springs, Florida, to include the Seminole County Criminal Justice Center ($7,760.00).

Information Technologies

15. Approve the participation of the Information Technologies Department to participate in the State of Florida, Domestic Homeland Security, Florida Interoperability Network Solution – STO-ITN-009 Interoperability Communications Grant, as shown on page _______, sponsored by the Florida State Technology Office.

Public Works

Engineering

16. Adopt appropriate Resolution #2005-R-23, as shown on page _, accepting Quit Claim Deed, as shown on page _, from Carlos A. Piedra to Seminole County for the continued maintenance of McNorton Road Right-of-Way.

17. Adopt appropriate Resolution #2005-R-24, as shown on page __, and authorize Chairman to execute County Deed, as shown on page _, conveying property (FDOT Parcel Number 109.1R) necessary to construct or improve State Road No. 400 (Interstate 4) to the Florida Department of Transportation.

18. Adopt appropriate Resolution #2005-R-25, as shown on page _, accepting three (3) Sidewalk Easements, as shown on page _, for the construction of sidewalk along a portion of Old Lake Mary Road.

19. Approve and authorize Chairman to execute the Construction Agreement, as shown on page _______, with CSX Transportation Inc., to facilitate the proposed widening of existing crossing surface in conjunction with the County Road 46A, Phase III project.

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

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

20. Approve proposed settlement relating to Parcel Number 117 of the County Club Road 46A, Phase III road improvement project, located on the south side of County Road 46A, 400 feet west of Old Lake Mary Road intersection, in the amount of $1,400.00, inclusive of land value, severance damage, statutory interest, attorney’s fees and costs, Sanford Pine Ridge, Ltd.

Property Acquisition

21. Approve and execute Purchase Agreement, as show non page _______, for Parcel Identification Number 28-21-31-507-0D00-0000 and 28-21-31-507-0E00-0000, Consumers/Lake Hayes Water Transmission Main improvement project, located within the Chapman Lakes subdivision, Oviedo, in the amount of $17,000.00, inclusive of fees and costs, Chapman Lakes Homeowners Association, Inc.

22. Authorize Binding Written Offers/Offers of Judgment relating to Parcel Numbers 111, 112, 116, 142, 143, 144, and 149 of the Bunnell Road improvement project.

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

CONSTITUTIONAL OFFICERS’ REPORTS

CLERK’S OFFICE

Motion by Commissioner Dallari, seconded by Commissioner Morris, to approve and authorize the following:

23. Expenditure Approval Lists, as shown on page _______, dated January 10 & 18, 2005; and Payroll Approval List, as shown on page _______, dated January 13, 2005.

24. Chairman to execute Satisfaction of Judgment/Public Defender Application Fee for Ronald Brooks, Jr., #99-3463-MMA in the amount of $40.

25. Official Minutes dated January 11, 2005.

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

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The Board noted, for information only, the following Clerk’s “received & filed”:

1. Work Order #27, as shown on page _______, to PS-574-01, The Colinas Group.

2. Change Order #1, as shown on page _______, to Work Order #17, CC-1212-03, Chad Willhite Construction.

3. Work Orders #21 and #22, as shown on page _______, to CC-1222-03, Central Florida Environmental Corp.

4. Change Order #1, as shown on page _______, to Work Order #8, CC-1222-03, APEC, Inc.

5. Work Order #4, as shown on page _______, to PS-5166-04, Starmer Ranaldi Planning and Architecture.

6. Amendment #3, as shown on page _______, to Work Order #44, PS-556-00, DCR Engineering Services, Inc.

7. Work Order #3, as shown on page _______, to PS-5165-04, Inwood Consulting Engineers.

8. Letter to the Clerk of Court, Land Records, from Attorney Claudio Riedi making a public records request on behalf of the Village of Wellington, Palm Beach County, Florida.

9. Memoranda to the BCC from County Manager Kevin Grace regarding Capital Project Fund Transfers for CR 46A, Phase III, in the amount of $100,000 and for Soldiers Creek Baseball Improvements Project in the amount of $130,000.

10. Amendment #2, as shown on page _______, to Work Order #62, PS-590-01, Transportation Engineering, Inc. dba TEI.

11. Memorandum to Sandy McCann from Deputy County Attorney Stephen Lee transmitting the following documents, as shown on page _______, for submission: General Releases of Claims by Robert and Elaine Kring; Faramarz Raymond and Vida Khoshnou; and Rodney Vermilio, per Settlement approved by the BCC on Dec. 14, 2004.

12. Final Change Order, as shown on page _______, to Work Order #6, CC-1222-03, Central Florida Environmental Corp.

13. Certificates of Substantial and Final Completion to Work Order #7, as shown on page _______, CC-1222-03, American Persian Engineers & Contractors, Inc.

14. Work Order #3, as shown on page _______, to PS-5166-04, Bentley Architects & Engineers.

15. Amendment #1, as shown on page _______, to Basic Contract M-464-04, Murdiak Engineering.

16. Basic Contract M-472-04, as shown on page _______, with the Criminal Justice Office and Diocese of Orlando.

17. Work Order #26, as shown on page _______, to PS-5130-02, Ardaman & Associates, Inc.

18. Work Order #10, as shown on page _______, to RFP-489-00, Diversified Property Specialist, Inc.

19. Work Orders #6 and #7, as shown on page _______, to RFP-4214-04, Site Secure, Inc.

20. Work Order #3, as shown on page ________, to PS-5103-01, Environmental Research & Design, Inc.

21. Change Order #2, as shown on page _______, to Work Order #58, FC-1139-00, CFE Corporation.

22. Work Order #7, as shown on page _______, to CC-1188-02, Sunshine Roofing & Consulting, Inc.

23. Basic Contract M-477-05, as shown on page ________, EJM, Inc. dba KeyInSites.

24. Bids, as shown on page ________, as follows: RFP-4235-04 and IFB-3098-05.

SHERIFF’S OFFICE

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

27. Chairman to execute Budget Amendment Resolution #2005-R-26, as shown on page _______, in the amount of $16,973. to the Sheriff’s Office FY 04-05 budget from the Department of Children and Families to provide for in-house training for the protective investigators.

28. Approve expenditure from the Sheriff’s Office Law Enforcement Trust Fund in the amount of $500.00 for a contribution to the Central Florida Chapter of Mothers Against Drunk Driving (MADD).

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

LEGISLATIVE UPDATE

DCM, Sally Sherman, addressed the Board to advise staff’s report is included in the Agenda Memorandum and they have nothing further to add.

Commissioner Carey requested staff provide the Commissioners with the latest update on pending legislation prior to them leaving for Tallahassee.

Discussion ensued between Ms. Sherman, Assistant County Attorney Steve Lee, and the Board with regard to the DJJ cost figures.

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The Chairman recessed the meeting at 10:25 a.m., reconvening it at 10:35 a.m.

REGULAR AGENDA

Purchasing Manager, Ray Hooper, addressed the Board to present request for award of RFP-4234-04/AJR, Residential Solid Waste Collection Services for Service Area 3. He advised staff recommends the award to Waste Pro of Florida, Inc. of Longwood, which offers the larger truck fleet that should improve pickup and service.

Upon inquiry by Commissioner Morris, Mr. McMillan advised the protest by Waste Pro dated January 19, 2005 has been resolved. However, he said that does not mean they can’t protest action the Board takes today. Copy of protest letter from Waste Pro was received and filed. Copy of response letter dated January 20, 2005 from Mr. Hooper and copy of Memorandum dated January 20, 2005 from Mr. Grace regarding the bid protest were received and filed.

Commissioner Morris stated he still has a problem with the service on two parts of this – one is the comprehensive nature of how the County dealt in the past with the waste collection in the County on the residential side and he is still in favor of having two or even one vendor. Also, he said there are issues they still need to deal with on commercial and how the numbers are playing with the landfill and transfer stations.

The Chairman asked Commissioner Morris if he wanted to make this an item to be put on the agenda at a future date. Whereupon, Commissioner Morris stated on commercial he does think that is something the Board needs to deal with.

Commissioner Morris stated that going with two or one vendor would mean to throw out this process that is before the Board now.

Commissioner Carey stated this is the only portion that has been bid and she believes, for the best interests of the residents, that this process is the fairest and most competitive.

Motion by Commissioner Carey to award RFP-4234-04/AJR, Residential Solid Waste Collection Services for Service Area 3 to Waste Pro of Florida, Inc. of Longwood.

The Chairman called for a second to the motion three times, whereupon, he surrendered the gavel to the Vice Chairman for that purpose.

Upon inquiry by Commissioner Dallari, David Gregory, Solid Waste Manager, addressed the Board to advise this contract is for collection services only. The MSBU, under the new agreement, will essentially pay the Solid Waste Fund for the landfill disposal charges.

Commissioner Van Der Weide stated he will be supporting the motion, but, for the Record, he is not happy with how the County got to this point. He said now the residents in this service area will be paying a dollar more a month under this contract and that bothers him. It also bothers him that the County probably pressured the haulers to the point that some of them are not serving the County anymore. He pointed out that Volusia County went out to bid because they thought that was the right thing to do and now they are paying a lot more for this service.

Commissioner Henley stated he recommended going out to bid and he also supported a motion to go to two haulers and he did not prevail on that. The fact that the other hauler withdrew indicates to him that they should have been paying more to begin with. He said this is a large rural area and the cost is more. He added that as far down the road as they are now, he believes it would be a credibility issue to throw out this RFP. He also believes it would be too messy and complicated.

Upon inquiry by Commissioner Morris, Mr. Gregory advised he distributed a memo yesterday on single service provider counties.

Commissioner Morris stated the reason why he cannot support this proposal is that he agrees that the process was flawed and he is prepared to admit when a mistake is made and not compound a mistake (which in his opinion is what the Board is doing). He said the fact that this contract is for five years is of great concern to him.

Commissioner Carey stated she hopes that in five years, or sooner if possible, the Board does look at this as a whole. She pointed out that this vendor is doing the “zero defects” and it’s her understanding that the two contracts which were negotiated do not have that in them. She added she feels this is a good contract based on the territory and that is why she made the motion to go forward.

Commissioner Dallari stated he believes the “zero defects” is an important part of all the contracts and he would have liked to have gone out to competitive bid for all districts, instead of having them negotiated.

The motion, duly seconded, was voted upon and carried with Districts 1, 3, 4 and 5 voting AYE and Commissioner Morris voting NAY.

The gavel was returned to the Chairman.

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County Engineer, Jerry McCollum, addressed the Board to give an update on the Seminole County Trail Program. He displayed the existing and fully-funded projects, other projects funded with non-trail revenue, and projects to be programmed under the referendum funds as depicted in the agenda memorandum. He advised staff is recommending an early second bond issue in order to complete projects programmed for this fiscal year as well as other non-programmed referendum projects. He added that the Trails & Greenways Advisory Committee unanimously approved staff’s recommendation.

At the request of Commissioner Morris, Mr. McCollum discussed the proposed trail connector overpass at US 17-92/General Hutchison Parkway.

Upon inquiry by Commissioner Van Der Weide, Mr. McCollum advised staff has met with the City of Longwood and they are interested in being put on the funding list. He said the City is also willing to try to find their own funding.

Chairman Henley stated the City does not have an alignment yet, but he said he told them that the County is willing to try to help them.

Commissioner Van Der Weide stated Longwood has come a long way and if they think they need a trail or other amenities, he wants the Commission to urge staff to do whatever they can to help them obtain grants.

Chairman Henley stated that commitment was already made to the City and staff is working with them.

The Board voiced no objections to the trail program as presented by staff

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Director of Fiscal Services, Lisa Spriggs, addressed the Board to request authorization to proceed with the bond issue for environmentally sensitive lands and construction of trails, greenways and blueways.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize proceeding with a bond issue through competitive sale of the remaining $6.1 million of the original $25 million voter approved referendum November 7, 2000, for the purchase of environmentally sensitive lands and the construction of trails, greenways and blueways.

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

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Community Resources Manager, Colleen Rotella, addressed the Board to request direction with regard to the Law Enforcement Memorial Park Donation. She stated the Sheriff’s Office has been working for several years to develop the park. Through discussions with the landowners, a donation was proposed to the County for approximately 20 acres for the park. Recently, the owners have come back to the County to request they purchase the adjacent 44 acres at the assessed value. She advised the Natural Lands Advisory Committee reviewed the proposed acquisition which is on Lake Harney and recommended it.

Suzy Goldman, Director of Library & Leisure Services, addressed the Board to advise when the initial donation was proposed, apparently all the property owners were not consulted. Now, the 20-acre donation is subject to the County purchasing the adjoining 44 acres.

Chairman Henley stated he questioned the wisdom of putting this park in this location in the first place. He said it concerns him that at no time were the 44 acres on the radar screen for the Natural Lands Advisory Committee.

Commissioner Morris questioned how many people will go to this park because it is located in an isolated area. He suggested doing a memorial park at a more central location. He said purchasing the 44 acres is against the policy established for acquiring natural lands, because the property is flood prone and cannot be developed anyway.

Commissioner Dallari stated he would like to know why the property owners changed their minds about the donation. He said he is upset that so many people have worked hard to get donations of money and services to do this park and now the property owners have changed their minds.

Sheriff Don Eslinger addressed the Board to give a history of the property, advising there have been many complaints about partying and criminal activity occurring on the property. Deputy Gregory had discussions with one of the owners and it was suggested the property become a park. Deputy Gregory had been working on that at the time he was killed in the line of action. At that time, Deputy Todd Moderson continued on with what Deputy Gregory had been working on and has since raised more than $450,000 in funds and inkind services to turn the property into a park.

Deputy Todd Moderson addressed the Board to discuss the change with the donation of the land, stating it appears there has been some internal disagreement on donating the initial 20 acres.

Sheriff Eslinger asked the Board to not kill this project and to approve the recommendation of the Natural Land Advisory Committee.

District Commissioner Carey stated she believes this has been a great effort on behalf of law enforcement and is sorry that the rules have changed. She suggested giving staff more time to work on the proposed purchase and to bring something more reasonable back to the Board.

Commissioner Van Der Weide stated the Board has discussed this project at length and he believes the community supports it in a major way. He said he does not see how they can back out of this project at this time recognizing the potential good that it is.

Commissioner Morris said that since this was brought to the Board, they have found out the land floods on a regular basis. He further said he can support funding a memorial park at another location.

Sheriff Eslinger stated he takes issue with saying that the property is unsuitable.

Commissioner Dallari stated he would like to move forward with the project.

Chairman Henley stated the County doesn’t need the additional 44 acres to put a park in this area. He suggested negotiating for the original 20 acres.

District Commissioner Carey expressed her concern for the community because recently there was a dead body found on the property. She said she also has concern about the rules changing at the eleventh hour.

Motion by Commissioner Carey, seconded by Commissioner Morris to continue discussion regarding the Law Enforcement Memorial Park donation and natural lands acquisition of adjacent property in order for County staff to negotiate the purchase of the original 20 acres or some other alternative that would be necessary.

Under discussion, Commissioner Carey stated she supports the project.

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

Chairman Henley requested staff work with the Sheriff’s Office to come up with a proposed memorial for law enforcement officers who lose their lives in the line of duty.

Commissioner Morris stated he strongly supports such a memorial to include first responders too. He said he would hope it would be jurisdictional.

The Board voiced no objections to same.

COUNTY MANAGER’S BRIEFING

Matt Chesler, Community Information, addressed the Board to discuss the options for a County radio station to provide emergency communications and information to citizens. He stated that after receipt of the consultant’s report, constructing or purchasing a full power AM or FM radio station does not appear to be a viable option at this time. He said that staff researched the feasibility of the low power AM “traveler’s information” station and in order to cover all the County, a minimum of 9 strategically placed transmitters (at a cost of $300,000) would be required. He said this type of station would have limited reception inside buildings. Therefore, staff recommends exploring agreements with commercial and non-commercial AM and FM radio stations for emergency communications during disasters and disseminating vital information afterwards. He advised that WUCF (UFC) and WMFE-FM (Public Broadcasting) have expressed an interest in community outreach partnerships and a willingness to work with the County in this regard. Staff feels these stations offer the best opportunity to partner with for the County’s emergency communications efforts.

Commissioner Carey stated that the local stations were good in supporting the County during the last hurricane season at no cost. She suggested negotiating some time to get information out after the storms subside.

The Board voiced no objections to staff proceeding as recommended.

COUNTY ATTORNEY’S BRIEFING

Mr. McMillan advised he is in receipt of a letter from Attorney Steve Mason (adult entertainment) asking the Board to consider revising the Adult Entertainment Ordinance due to a change in the law. He said he contacted Attorney Rick Nelson who has been representing the County and Mr. Nelson’s opinion is that the Ordinance does not need to be revised.

Mr. McMillan reported that all outstanding adult entertainment litigation has been completed and the County prevailed in all of them.

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Mr. McMillan advised Judge Nelson has ruled that the Tivoli case (challenging the water & sewer connection fee) can be a class action suit, which will include all builders who have built in the County. He said his office will appeal that decision to the Fifth District Court because they feel the ruling is defective.

Commissioner Carey stated she would like to have a briefing on the history of this case.

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The Chairman recessed the meeting at 11:55 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

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Commissioner Dallari stated in the past the Board has been very involved with the Boy Scouts.

Commissioner Carey stated she is the corporate Chairperson for the March 10 annual Boy Scouts event.

Commissioner Dallari stated February is one of his favorite months as it starts the kick off to the Girl Scouts cookie drive. He stated in attendance is Jan Akins and Girl Scout Erin Manuel of Sanford Troop #562.

Jan Akins addressed the Board to state this week is the delivery week for the Girl Scouts cookie sale. She stated the cookie sale is a program activity for Girl Scouts and they learn all kinds of business skills from this sale. She said she appreciates everyone’s support.

Commissioner Dallari stated he wanted to bring Ms. Akins here to make sure everyone is aware that February starts the cookie drive for the Girl Scouts.

Chairman Henley stated the Board has supported the Boy and Girl Scouts as they are very worthwhile organizations.

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Commissioner Morris displayed a picture of a “no smoking” sign hanging above an ashtray outside the BCC Chambers. He stated he discovered the sign “designated no smoking area” outside after returning from a trip to Washington. He said he believes the sign should say “designated smoking area”.

Commissioner Dallari stated he believes the sign was put there to allow smokers to put out their cigarettes.

Commissioner Morris stated the building is designated as a nonsmoking building but he believes the intent is that it is a designated smoking area.

Commissioner Dallari stated if he was a smoker, he would be putting his cigarette out in the ashtray.

PROOFS OF PUBLICATION

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize filing the proofs of publication for this meeting's scheduled public hearings.

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

PUBLIC HEARINGS

CHARTER OAKS/TAMARAK WALL RECONSTRUCTION MSBU

Proof of publication, as shown on page ________, calling for a public hearing to consider adopting an Ordinance creating the Charter Oaks/Tamarak Wall Reconstruction MSBU for the purpose of reconstructing Charter Oaks Subdivision wall and entranceway located on Dike Road and Bomi Circle; and approval of Lease Agreement/Temporary Easements, received and filed.

Kathy Moore, Fiscal Services, addressed the Board to present the request as outlined in the Agenda Memorandum. She stated the total cost of the wall is estimated at $155,000 and will be allocated in 10 installments. The estimated assessment is $4,000 per abutting parcels and $3,200 per non-abutting parcels.

No one spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner Morris to adopt Ordinance #2005-3, as shown on page ________, creating the Charter Oaks/Tamarak Wall Reconstruction MSBU for the purpose of reconstructing Charter Oaks Subdivision wall and entranceway located on Dike Road and Bomi Circle; and authorize the Chairman to execute Lease Agreement/Temporary Easements, as shown on page ________.

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

LARGE SCALE LAND USE AMENDMENT

NW 46 PUD/Shutts & Bowen

Proof of publication, as shown on page ________, calling for a public hearing to consider request for a Large Scale Land Use Amendment from Commercial to Medium Density Residential (MDR) and Rezone from PCD to PUD on 55 acres located on the east side of North Oregon Street, 1/2 mile north of SR. 46, Kenneth Wright/Shutts & Bowen, received and filed.

Jeff Hopper, Planner, addressed the Board to present the request as outlined in the Agenda Memorandum. He stated the applicant has revised the proposal from 450 residential units to 400 residential units. He said the compatibility with surrounding land uses is not an issue since the site is located adjacent to an auto dealer to the south, I-4 on the east, and a County retention facility and Medium Density Residential land use to the north. Lake Forest Subdivision lies to the west across North Oregon and is extensively buffered and does not take access from that road. The major issue to be considered is the development’s impact on the County’s water use allocation as determined by the St. Johns River Water Management District (SJRWMD). The water demand for this project was figured as commercial, but the proposed residential use will have a higher rate. Therefore, this development is not reflected in current projections approved by the SJRWMD. The applicant has been meeting with the Environmental Services representatives about providing a mitigation plan for water use. The purpose of that plan is to minimize the additional water demand within the County’s water northwest service area. Staff recommends approval of the request subject to the conditions outlined in the development order with the following changes: (a) The Water Use Mitigation Plan will be incorporated into the applicant’s utility agreement with the Environmental Services Department; (b) Density shall not exceed 400 units; and (c) Permitted uses shall be townhouses, condominiums, home occupation and home offices. Apartments will be removed from the permitted uses.

District Commissioner Carey stated she has met with the applicant and they have indicated that reclaim water would be used on this site and they would try to lay out the units so that they are not adjacent to I-4. She stated she asked the applicant to discuss the sound walls with Florida Department of Transportation (FDOT). She submitted an e-mail (received and filed) from the applicant indicating that FDOT feels a wall should not be placed along I-4. She said she would like to see the water mitigation plan prior to Board action in May. She stated Ms. Pickens submitted a condition that the sales contracts would indicate that this is adjacent to I-4. Attorney Meredith Pickens, representing Shutts and Bowen, addressed the Board to state she agrees with staff’s conditions as well as the issues that Commissioner Carey discussed. She displayed photographs (not received and filed) showing elevations of similar projects that have been done in other areas. She added these are two-story buildings. She stated she would like to clarify that the average square foot of the units is 1,524, starting at a minimum of 1,326 sq. ft. and a maximum of 1,750 sq. ft.

Upon inquiry by Chairman Henley, Ms. Pickens advised she can agree to a minimum size of 1,000 sq. ft. as long as they have flexibility if a contract failed to go through.

Commissioner Dallari stated he would like to see a minimum of 1,300 square feet from the applicant.

Ms. Pickens advised she believes they can agree to that.

Upon inquiry by Commissioner Morris, Ms. Pickens advised the units will have a one car garage with the second parking spaces behind the garage. She stated she will make sure that the sidewalk does not interfere with the driveway space.

Commissioner Morris stated the P&Z Commission referred to issues relative to putting commercial to the south, not having a response from FDOT to the potential of putting residential against I-4, the water issue, and reduction of the commercial tax base.

Ms. Pickens informed Commissioner Morris that this project is outside the HIP area. She stated in future residential uses against an already existing roadway, this would not qualify in the FDOT process of installing a wall. They asked FDOT about having a high wall along I-4 and they indicated that wasn’t a good idea for a number of reasons. Those walls would benefit the most for a very small zone, but for units that are 200 to 300 feet away from the roadway, the walls would not be effective. She said they have met with the Environmental Services Department relative to the water issues and they will continue to work with them to come up with a mitigation plan. They are proposing 36 gallons per day in addition to what was already approved for a PUD use. She added they, as well as staff, have come up with some creative ideas. She said she believes they can come up with a mitigation plan that everyone will agree with.

Upon inquiry by Commissioner Morris, Ms. Pickens advised the School Board’s numbers were based on 450 units and that now has come down to 400 units. Staff has done an analysis of all the schools in the County to see where those students are coming from. Staff’s new analysis show 0.13 students per unit and that doesn’t place a major burden as do rental apartments. The impact from the proposed project would probably be 45 new students.

Upon further inquiry by Commissioner Morris, Ms. Pickens advised she has not spoken to the School Board since the new plan came out. She explained to Commissioner Morris what they meant when they referred to this as a high-end development based upon this being next to a highway and a retention pond. She stated the starting price of the units may range from $170,000 to $230,000.

Fabiana Woodrick, 1190 Newberg Ct., addressed the Board to state she is opposed to the project because of the amount of traffic that it will add to this street. She stated traffic is now getting heavy and with an additional 400 homes, approximately 900 cars will be added to that street. There are no traffic lights, stop signs or turning lanes and their development will be affected by this.

Tracy Fettinger, 4590 Redmond Place, addressed the Board to state she is a teacher and all of the schools are overcrowded now. It concerns her that the County is building so quickly and there is no room in the schools for more students. She stated she walks her dogs down that road and the traffic is very heavy. Robert Bugnacki, 5352 Orange Blvd., addressed the Board to state about four or six years ago, the same development was requested and that was turned down by the P&Z and the BCC. About two years ago, an office development was approved in the HIP target area and now they are coming back requesting apartments. The P&Z indicated that there will be problems with noise and this is going to be horrendous with I-4 being there. The retention pond is a retention from Bill Heard Chevrolet and he would like to know if they are going to be permitted to use Bill Heard Chevrolet’s retention area for an apartment complex. He stated with all of this development going on, he would like to know where all the land is for mitigation. There should be thousands of land mitigated for wetlands and gopher tortoises. Now they want to mitigate water and he would like to know how they can get water when it is taken from one place and placed in another. Therefore, he doesn’t think this should be considered. He said he feels that office would be better for this area. He stated who is going to move into a $200,000 townhome and then have to go through Bill Heard Chevrolet to get to their home.

Ms. Pickens stated based on a 2004 traffic count, Oregon Street is operating at LOS A and there is a condition in the development order requiring the developer to install left and right turn lanes as well as widening the road. She stated she believes the turn lanes will take care of the traffic concerns.

Upon inquiry by Chairman Henley, Ms. Pickens advised NW 46 Ltd. is the owner of the retention pond and it accommodates a portion of Bill Heard’s project. She stated she believes the borrow pit to the north may accommodate the segment of I-4. Discussion ensued.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Carey stated the developer agreed that this would not be rental apartments, it would be fee ownership. She stated the applicant has committed to reducing the number of units to 400, there will be reclaimed water on the site, 1,300 sq. ft. minimum, and they will be working with the water mitigation plan prior to adoption in May.

Motion by Commissioner Carey, seconded by Commissioner Dallari to transmit to the Department of Community Affairs (DCA) request for a Large Scale Land Use Amendment from Commercial to Medium Density Residential (MDR), and continue the Rezone from PCD to PUD on 55 acres located on the east side of North Oregon Street, 1/2 mile north of SR 46, as described in the proof of publication, Kenneth Wright/Shutts & Bowen, per staff’s report and additional comments both written and verbal.

Under discussion, Commissioner Morris stated there were concerns from Bill Heard, and the School Board is still opposed to this as well. He stated he will not be supporting the motion due to the concerns of the P&Z.

Upon inquiry by Mr. Hopper, Chairman Henley advised the District Commissioner indicated that she wants apartments to be struck from the development order and not be a permitted use. He stated the comments about the wall would be part of the record.

Commissioner Dallari discussed with staff the issue of providing incorrect aerial maps in the agendas. He stated if staff doesn’t have an up to date aerial map, then they do not need to include one that is not correct. Discussion ensued between the Board, staff and Ms. Pickens relative to the land south of the pond being inclusive of the parcel for development.

Commissioner Dallari stated he will support the motion to transmit, but when it comes back, he would like to have a lot of this defined otherwise, he will be voting against it.

Chairman Henley stated he has serious reservations about this, but since this is a request for transmittal and not approval, he will be supporting the motion.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Morris voted NAY.

REZONE/Isola Retail Center

Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from M-1 (Industrial) to PCD (Planned Commercial District) for the Isola Retail Center on 3.25 acres located on the west side of Longwood-Lake Mary Road, 300 ft. north of CR 427, Robert Isola, received and filed.

Mr. Hopper presented the request as outlined in the Agenda Memorandum advising the applicant is proposing a PCD for 14,000 sq. ft. of commercial floor space on property designated Industrial. The existing M-1 zoning permits a wide variety of commercial uses but excludes certain neighborhood-type commercial uses. The purpose of the PCD request is to provide more flexibility and allowable uses. He stated staff recommends approval subject to the conditions that include: allowable uses to be limited to C-3; prohibited uses would include services stations, convenience stores and auto sales; and any outdoor storage on the site would require a PCD major amendment and it would be subject to Board approval.

Upon inquiry by Commissioner Carey, Mr. Hopper advised the only revision made since the P&Z hearing is communication towers shall be in a separate category and it must be permitted by a special exception.

Mr. Hopper explained for Chairman Henley why communication towers would be permitted by a special exception. Discussion ensued.

Dan Burns addressed the Board to state he works for the developer and they are in agreement with staff comments as stated.

No one spoke in support or in opposition.

District Commissioner Henley recommended approval per staff comments minus the communication towers statement.

Mr. Hopper informed Commissioner Morris that the site plan will come back to the Board for approval.

Commissioner Morris stated the Board needs to be alerted to the outdoor storage issues. He stated when this comes back, it would be nice to see some configurations of what has developed so they can understand the nature of what they are trying to do. The one thing that might help the developer is to increase the building height to 45 ft. to give them more options to work with.

Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt Ordinance #2005-4, as shown on page _________, approving rezone from M-1 (Industrial) to PCD (Planned Commercial District) for the Isola Retail Center on 3.25 acres located on the west side of Longwood-Lake Mary Road, 300 ft. north of CR 427, as described in the proof of publication, Robert Isola, with staff recommendations and increasing the building height to 45 ft. and eliminating the reference to cell towers, which will be on the prohibited list; and approval of the Development Order, as shown on page _______.

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

SECOND AMENDMENT TO THIRD AMENDED &

RESTATED D.O./ORDINANCE AMENDING HIBC PUD

Continuation of a public hearing to consider Second Amendment to the Third Amended and Restated Development Order for the Heathrow International Business Center Development of Regional Impact; and an Ordinance amending the HIBC PUD (Rezone from PUD to PUD approximately 407.1 acres) per the Second Amendment to the Third Amended and Restated Development Order for HIBC DRI and the Second Amendment to the Third Amended and Restated PUD Commitments, Classification and District Description, as described in the proof of publication, as shown on page ___________, Meredith Pickens.

Chairman Henley stated the applicant has requested that this item be continued to March 8, 2005. A letter from the applicant requesting the continuance was received and filed.

Motion by Commissioner Carey, seconded by Commissioner Dallari to continue to March 8, 2005, at 1:30 p.m., or as soon thereafter as possible, request to consider Second Amendment to the Third Amended and Restated Development Order for the Heathrow International Business Center Development of Regional Impact; and an Ordinance amending the HIBC PUD (Rezone from PUD to PUD approximately 407.1 acres) per the Second Amendment to the Third Amended and Restated Development Order for HIBC DRI and the Second Amendment to the Third Amended and Restated PUD Commitments, Classification and District Description, as described in the proof of publication, Meredith Pickens.

Debra Adams, 943 Banana Lake Road, addressed the Board to state she opposes the continuance as she will not be able to attend at that time.

District Commissioner Carey recommended that Ms. Adams submit her comments in writing.

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

Speaker Request Form was received and filed.

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

LARGE SCALE AMENDMENT/HILLTOP

DRIVE/Allan Goldberg

Proof of publication, as shown on page ________, calling for a public hearing to consider request for a Large Scale Land Use Amendment for Hilltop Drive/Longwood-Lake Mary Road from Low Density Residential (LDR) to Medium Density Residential (MDR), on approximately 700 ft. south of Acorn Drive, Allan Goldberg, received and filed.

Tina Deater, Planner, addressed the Board to present the request. She stated the proposed development will consist of a maximum of 10 dwelling units per net buildable acre. One property owner wishes to preserve the A-1 zoning designation on the one acre lot they are going to continue to use for their single-family residence, but want to have the option of rezoning later under the MDR land use category. Staff believes the proposed MDR future land use is compatible with surrounding land uses if it is subject to the conditions of the development order. The applicant has submitted letters from adjacent single-family homeowners to the north, south and east stating they approve the proposed 10 ft. landscape buffer with a 6 ft. masonry wall and 25 ft. building setback adjacent to their properties. Staff is recommending, as a condition of approval, that the 10 ft. buffer, 6 ft. wall and 25 ft. setback apply along adjacent to those properties and adjacent to the LDR property to the east. The west side of the proposed development is adjacent to property with LDR future land use. Staff has not received any statement of approval from this property owner, therefore, they are recommending as a condition of approval, that along the west property line a minimum 15 ft. landscape buffer with a 6 ft. masonry wall and a 50 ft. building setback shall apply. The building setback may be reduced to 40 ft. if the buildings are positioned so that only a side, not the front or rear, of the building is facing LDR property. Also the wall shall not be required in the wetlands area. Staff has evaluated the potable water mitigation options and recommends that any future mitigation plan be incorporated into the utility agreements that will be negotiated with Environmental Services at a later date. The P&Z Commission recommended approval to transmit, subject to the conditions outlined in the development order. She added that staff recommends transmittal of the request.

Upon inquiry by Commissioner Carey, Ms. Deater advised there will be PVC fence adjacent to the properties along Hilltop. She stated the applicant will have to do a pedestrian circulation and they will have to put a sidewalk along the frontage of their property along Longwood/Lake Mary Road. Discussion ensued relative to sidewalks.

Commissioner Carey stated she doesn’t understand having someone build sidewalks when they will never be connected. The solution may be to have them make a contribution to the sidewalk fund if it still exists.

Upon inquiry by Commissioner Carey, Ms. Deater advised the applicant is not required to connect to reclaim. It is not within the 10 year plan.

Upon inquiry by Commissioner Dallari, Ms. Deater advised the County does not have architectural standards, but the developer will be providing architectural drawings.

At the request of Commissioner Morris, Ms. Deater indicated on the aerial map where the wall will be located. She stated the 6 ft. wall will be along the north property line and then the PCV fence will be adjacent to Hilltop Drive. She explained why staff recommends a PCV fence verses a wall. Discussion ensued with Ms. Deater and Commissioner Morris relative to the 6 ft. masonry wall and PCV fencing.

Discussion ensued between the Board, Matt West, Planning Manager, and Deputy County Manager Don Fisher relative to installation of sidewalks. Mr. West advised his understanding is that sidewalks are programmed for the entire length of Longwood/Lake Mary Road.

Upon inquiry by Commissioner Carey relative to whether the one-acre home site that staff referred to is included in the transmittal, Matt West, Planning Manager, addressed the Board to advise the bottom line is if they keep MDR land use and the A-1 zoning, their taxes probably will not go up. He stated this is the choice of the applicant and staff is not forcing anyone to rezone their property.

Allan Goldberg, applicant, addressed the Board to state the owner of that property was concerned that she is retaining her acre and her real estate taxes would increase if it was rezoned to PUD. The property owner wants her property to be transmitted with the land use change so that she has the option in the future of adding to this PUD.

Commissioner Morris stated she is trying to have her cake and eat it too and not have to pay more taxes.

Mr. Goldberg stated this is an elderly lady who is concerned about her real estate taxes.

Commissioner Morris stated they are setting a precedence that doesn’t make much sense.

Charlie Madden, Madden Engineering, addressed the Board to clarify that they do not want to install a wall along the western boundary in the wetland area. The residents had concerns that they did not have access onto Hilltop Drive, but they did not have a problem with the PCV fence.

Upon inquiry by Commissioner Morris, Mr. Madden advised he would like to have the language in the development order that they are not going to place a wall along the wetland area. He stated it is cheaper to put a sidewalk in along the front than paying into the sidewalk fund. He said he will be glad to coordinate with staff to make sure their requirements are to place the sidewalk to the back of the right-of-way. He stated he will have to look at the drainage and if it needs to go, he will do that. He add that will be addressed at the final master plan.

No one spoke in support or in opposition.

District Commissioner Henley recommended approval to transmit with staff conditions.

Upon inquiry by Commissioner Morris, Mr. McMillan advised the land use for the isolated square piece of property is medium density residential and it will have to come back to the Board for approval of a commercial use.

Motion by Commissioner Dallari, seconded by Commissioner Carey to transmit to the DCA a Large Scale Land Use Amendment for Hilltop Drive/Longwood-Lake Mary Road from Low Density Residential (LDR) to Medium Density Residential (MDR), on approximately 700 ft. south of Acorn Drive, as described in the proof of publication, Allan Goldberg, with staff recommendations and address the wall issue on the north side by removing the PCV element and making it a masonry wall.

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

TEXT AMENDMENT TO THE FUTURE LAND

USE AND TRANSPORTATION ELEMENT

Proof of publication, as shown on page ________, calling for a public hearing to consider proposed Text Amendments to the Future Land Use and Transportation Elements of the Seminole County Comprehensive Plan to ensure compatibility between permitted uses within the Higher Intensity Planned Development-Airport Area and the operations and expansion of the Orlando Sanford International Airport, received and filed.

Tony Walter, Planning Manager, addressed the Board to present the request as outlined in the Agenda Memorandum. He stated comments from the Airport Authority are included in Attachment A. Staff has reviewed those comments and they have no objections. The City of Sanford approves the proposed changes submitted by the Airport Authority. He stated Page 5, Section B.3., Page 7, Section D.1., and Page 9, Section C under Uses, refer to prohibition of residential land uses. The text currently reads “In new residential land uses and residential zonings, if they may be permitted”, it is recommended that it be changed to “if they are permitted”. Also, an avigation easement and associated development order would be included. He stated staff is recommending that “No mobile homes or home ownership shall be permitted within these developments”, be deleted from those sections. It was suggested to include an area larger than what was described in the text to delineate areas around the airport where avigation easements would be required. The purpose of this is to notify people when they are building homes or developments that they are living near an airport and there may be some noise issues. He displayed a map (not received and filed) defining that. He reviewed the night noise level contour indicated on the map. He stated staff is recommending transmittal of the text amendment shown in Attachment A, with the changes as discussed.

Upon inquiry by Commissioner Dallari, Mr. Walter advised this is addressing the airport’s future expansion.

Larry Dale, CEO Orlando Sanford International Airport, addressed the Board to state he has worked with staff, the City of Sanford and P&Z and this is a culmination of many years worth of work. He stated he concurs with the text amendments shown and he believes the Board will get the same response from the City of Sanford.

Antonio Jurie, Principal Planner, City of Sanford, addressed the Board to advise the City concurs with the changes and they will be amending their Comprehensive Plan next month to be consistent with this.

No one else spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to transmit to the DCA the proposed Text Amendments to the Future Land Use and Transportation Elements of the Seminole County Comprehensive Plan to ensure compatibility between permitted uses within the Higher Intensity Planned Development-Airport Area and the operations and expansion of the Orlando Sanford International Airport, as described in the proof of publication, with staff findings.

Under discussion and upon inquiry by Commissioner Carey, Commissioner Van Der Weide advised the motion includes the amendments and map.

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

TEXT AMENDMENT TO THE RURAL BOUNDARY

MAP AND LEGAL DESCRIPTION FOR RURAL AREA

Proof of publication, as shown on page ________, calling for a public hearing to consider Text Amendment to add the Rural Boundary Map and Legal Description for Rural Area authorized by the Home Rule Charter Amendment, approved by a majority of voters of Seminole County in the November 2004 General Election, as an exhibit in the Future Land Use Element (FLU) of the Seminole County FLU Issue 11 “Protection of Rural Areas”, received and filed.

April Boswell, Planning, addressed the Board to state this item is a follow up to the Home Rule Charter Amendment that was approved by the voters in 2004. She pointed out that the Rural Boundary Map will be added to the Comprehensive Plan. She stated the item also adds text that describes why the map and description is being added. The item was challenged and the Court decided not to uphold the Charter amendment and because the County has appealed that decision, the staff was able to move forward with implementing this.

Upon inquiry by Commissioner Carey, Ms. Boswell advised they are currently in the Large Scale Amendment cycle for Comprehensive Plan Amendments.

Upon further inquiry by Commissioner Carey, Mr. McMillan advised with regard to the lawsuit, the brief is due March 15 and staff will be finishing the briefing within the next 90 days.

Commissioner Carey stated she is concerned that with the Board taking this action of amending the Comp Plan it will further the situation with the cities.

Mr. McMillan stated the Charter amendment mandates they put the map and legal description in the Comprehensive Plan. That is required by a Charter Amendment. If the ultimate recording validates the language, it has no legal bearing on anything that goes on with that property.

Upon inquiry by Commissioner Morris, Mr. McMillan advised this does not change the Comprehensive Plan rural boundary. The County already has a Comprehensive Plan rural boundary right now and this is a separate boundary imposed by the Charter Amendment. The County is required to place this in the Comprehensive Plan by virtue of the Charter Amendment. It wouldn’t be placed in the Charter Amendment until May, and it doesn’t have any effect on what the cities do. Discussion ensued.

Anthony Garganese, City Attorney of Winter Springs, addressed the Board to state the City objects to the County trying to implement the Charter Amendment due to the fact that Judge Alley declared it invalid. He requested that the Board not transmit the amendment at this time and wait to see what the court does on the appeal. He submitted a copy of Judge Alley’s opinion (received and filed) and asked that it be included in the transmittal to DCA.

Mr. McMillan stated there are a couple of language changes in the text amendment. In the first sentence, as it currently reads, that the voters approved a referendum that “authorize the County to establish a rural area”. It did not authorize the County to establish a rural area, it established a rural area. Therefore, the wording “authorize the County to” should be deleted from that sentence. The sentence should read: “referendum that established a Rural Area and a Rural Boundary in the Home Rule Charter”. The next sentence indicates that the County authorized to add a map, therefore it should be changed to “the Charter Amendment require the County to add a map and legal description to the Seminole County Comprehensive Plan”. If the Board didn’t put this in the charter and it was challenged, the Board would fail to comply with the requirements of the Charter Amendment. He advised if the Board doesn’t adopt this during this transmittal, they can adopt it as part of the Comp Plan during the next cycle. If the Court invalidates the Charter Amendment, there is no harm and it doesn’t affect the city as well. He stated he would recommend the Board go ahead with the request and it will not affect the rights of the city.

Commissioner Carey stated she is going to support the text amendment recommendation since, from a legal standpoint, they can do that. She stated she is concerned that the County may be stepping on the City’s toes since they are working on their City/County relationships.

Commissioner Henley stated what the County is doing here has nothing to do with the cities because the city properties are exempted out of this and they will not be affected.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Dallari to transmit to the DCA request for a Text Amendment to add the Rural Boundary Map and Legal Description for Rural Area authorized by the Home Rule Charter Amendment, approved by a majority of voters of Seminole County in the November 2004 General Election, as an exhibit in the Future Land Use Element (FLU) of the Seminole County Comprehensive Plan (Vision 2020 Plan) and add text to the FLU Issue 11 “Protection of Rural Areas”, based on staff findings, noting the amendment to the FLU 11 as striking in the first line “authorize the County to” changing the word “establish” to “established” in line 2 and in line 3 striking the word “authorize” and replacing it with the word “required”.

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

Chairman Henley stated he doesn’t believe any information submitted from the public has ever been transmitted to the DCA.

Mr. McMillan stated it is public record and he has no problem transmitting it to the DCA. He clarified that there is one parcel that the city has annexed and is within the rural boundary. Prior to the Charter Amendment hearing, the County has challenged that.

COMMUNICATIONS AND/OR REPORTS

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

1. Copy of letter dated 1/20/05 to Charlie Morgan (with original correspondence attached) from Don Fisher, Deputy Co. Manager, re: Bookertown Heritage Celebration.

2. Copy of letter dated 1/27/05 to Stan Bessmer (with original correspondence attached) from Anne Brewer, FDOT District Project Development & Environment Engineer, re: US 17/92 interchange at State Road 436. (cc: Co. Manager, Deputy Co. Managers, Co. Attorney)

3. Copy of letter dated 12/30/04 to Tina Deater, Lead Planner, from Egerton K. and Caroline M. van den Berg re: Proposed San Pedro Plan Amendment. (cc: BCC, Co. Manager, Deputy Co. Managers)

4. Letter dated 1/25/05 to Chairman from D. Ray Eubanks, Administrator, Plan Review & Processing, Dept. of Community Affairs, re: No compliance review on Small Scale Development Plan Amendments. (cc: BCC, Co. Manager, Deputy Co. Managers)

5. Memorandum dated 1/27/05 to BCC (with attachment) from Lee Bailey, Grant Administrator, re: Grant Track Report – 1^st Quarter FY 05.

6. Copy of letter dated 1/27/05 to Robert McMillan, Co. Attorney and Stephen Lee, Deputy Co. Attorney, from Steven Mason, Attorney, re: Amending Seminole County Public Decency Ordinance.

7. Copy of letter dated 1/27/05 to Teresa Lyons, Director of Markham Woods Association, from Lenor Bromberg, Principal Engineer-Special Projects, re: Proposed Trailhead at Long Pond Road and Markham Woods Road.

8. Copy of memorandum dated 1/28/05 to Sandy McCann, Supervisor, Co. Commission Records, from Becky Noggle, Sr. Coordinator, Environmental Services, re: Submission into Co. Records.

9. Letter dated 1/20/05 to BCC (with attachment) from Mike Ferguson, President of Oak Park HOA, Inc. re: Assistance with cost in addition to MSBU to wall along Dodd Road.

10. Memorandum dated 1/26/05 to BCC and Co. Manager (with attachment) from Meloney Lung, Manager, Support Services, re: Agencies Interested in Children’s Village.

11. Letter dated 12/20/04 to Chairman (with attachment) from William Monroe, Auditor General, re: Transmitting the Operational Audit of County Transportation Trust Funds 10/1/02 through 9/30/03.

12. Memorandum dated 1/26/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Longwood Work Session.

13. Copy of letter dated 1/21/05 to Seminole County Planning & Zoning Board Members from Linda Radun re: Future Land Use in the Lazy Acres-Ranchland Trail area.

14. Copy of letter dated 1/21/05 to Cathleen Consoli, Sr. Planner, from Linda Radun re: Concerns with Future Land Use for Lazy Acres-Ranchland Trail area.

15. Letter dated 1/20/05 to BCC from Greg Pryor, Chairman Red Bug Residential Coalition, re: Development along Red Bug Lake Road.

16. Letter dated 1/24/05 to BCC (with attached brochure) from Diane Pickett Culpepper, Bright House Networks, re: Adjustment to Bright House Networks price schedules.

17. Facsimile dated 1/25/05 to BCC from Susan Eberle re: Request for public hearings on the University of Central Florida’s proposed site improvements. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director)

18. Facsimile dated 1/23/05 to BCC from Deborah Schafer, The Sustainable Communities Advisory Council, re: Request for public hearings on UCF’s proposed growth. (cc: Co. Manager, Deputy Co. Managers, Planning Director)

19. Contract for Services, as shown on page ________, between Seminole County and the following: Ryan Leahey (Slow Pitch Softball Score Keeper) and Martin Koller (Slow Pitch Softball Field Supervisor).

20. Letter dated 2/4/05 to Chairman (with attachment) from Charles Gauthier, Chief, Office of Comprehensive Planning-Dept. of Community Affairs, re: Acceptance of Comprehensive Plan Amendment adopted 12/14/04. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

21. Letter dated 2/4/05 to Chairman from John Bush, Mayor-City of Winter Springs, re: Thank you for financial assistance. (cc: BCC, Co. Manager, Deputy Co. Managers, Tourism Director)

22. Copy of memorandum dated 2/4/05 to Sandy McCann, Supervisor-County Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County Records.

23. Letter dated 2/1/05 to BCC (with attached article) from E. Everette Huskey re: Article written by Dr. Eugene Everette Huskey, Jr.

24. Memorandum dated 2/2/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Article V/DJJ Cost Shift Issues.

25. Copy of letter dated 2/2/05 to City participants in City/County Networking Reception from Chairman re: Thank you for attendance.

26. Copy of letter undated to Anne Brewer, Fla. Department of Transportation (with attached original correspondence), from Stan Bessmer re: Fly-over at 17/92 and State Road 436.

27. Copy of letter dated 2/1/05 to Daly Design Group, Inc. from Kenneth McIntosh re: Cameron Heights proposed development.

28. Letter dated 1/28/05 to Chairman (with attachments) from Bob Gleason, Environment Administrator-Fla. Department of Transportation District 5, re: Advance Notification for rail transit environmental assessment & design services. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Engineer)

29. Memorandum dated 2/1/05 to BCC (with attachments) from Jamie Croteau, Director-Administrative Services, re: Co. Owned Land and Leased Property.

30. Copy of letter dated 1/26/05 to Legislative Delegation from Chairman re: SB620 (Bennett) HB305 (Littlefield) – Wireless Telephone Systems. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Planning Director)

31. Copy of Amended petition to challenge 2005-2015 University of Central Florida Main Campus Master Plan. (cc: BCC, Co. Manager, Deputy Co. Manager (Fisher), Co. Attorney)

32. Memorandum dated 1/31/05 to BCC and Don Fisher, Deputy Co. Manager, (with attachment) from Alice Gilmartin, Principal Coordinator/Transportation Specialist, re: Rural Lands Study Strategies.

33. Copy of memorandum dated 1/31/05 to American Land Development (with attachment) from Tom Daly, Daly Design Group, re: Transmittal of letter distributed to property owners adjacent to Cameron Avenue. (cc: Planning Manager)

34. Contract for Services, as shown on page ________, between Seminole County and the following: Taryn Lamonettin (Tennis Instructor), Alexandra Balogh (Slow Pitch Softball Score Keeper), Carlos Rivera (Slow Pitch Softball Umpire), Clifford Howard, Jr. (Slow Pitch Softball Umpire).

CHAIRMAN’S REPORT

Chairman Henley stated the unveiling of the Ronald Reagan stamp ceremony scheduled at 10:00 a.m. at the Milwee Middle School has been changed as the State of California wanted to be the first to release it, so the time has been changed to 2:00 p.m.

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Chairman Henley stated there has been a resignation from the Fred Wilson Memorial Library Board from Thomas Spears and they are requesting the Board submit a replacement.

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Chairman Henley recommended reappointing Terry Futrell to the Swimming Pool Board for a 1-year term ending January 1, 2006. He added he would like to appoint Commissioner Dallari as the County’s representative to the Council of Local Governments (CALNO). He said this does not require any Board action.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to reappoint Terry Futrell to the Swimming Pool Board.

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

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Chairman Henley stated there still are two vacancies to the Workforce Central Florida Board and he would like to know if the Board had anyone in mind to fill those positions.

Commissioner Morris stated they are waiting on a qualified candidate.

Commissioner Carey stated she feels that more applications are needed and those are available online if anyone is interested.

DISTRICT COMMISSIONERS’ REPORTS

Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-27, as shown on page ________, commending Anne Blakey for her services to the Code Enforcement Board.

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

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Commissioner Van Der Weide stated everything is running smoothly in his district.

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Motion by Commissioner Carey, seconded by Commissioner Morris to appoint JoAnn Lucarelli to the Code Enforcement Board for a 3-year term ending January 1, 2008.

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

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Motion by Commissioner Carey, seconded by Commissioner Morris to adopt appropriate Resolution #2005-R-28, as shown on page _______, commending Jean Metts for her services to the Code Enforcement Board.

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

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Commissioner Carey stated she started a parks tour a couple of weeks ago and if the Board members have not been to some of the parks recently, she feels they should visit them. She stated the County has some great facilities that have some huge demands. She said she would encourage the Board to keep those facilities in mind and that some facilities are being under-utilized and they are available for tenants.

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Commissioner Carey stated a work session is scheduled for March 29 relative to library expansion, trails and parks issues. She stated she would encourage everyone to check out everything in their district as she found out that there are a lot of areas she would like to discuss relative to how they can use joint funding between natural lands and parks and recreation to jointly use some of these facilities.

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Commissioner Carey stated she is the liaison to the Orlando Sanford International Airport and last week she and Chairman Henley met with British Ambassador Sir David Manning, his wife Lady Kathryn and his staff, as well as representatives of the Orlando Sanford Airport, the Sanford Airport Authority and the City of Sanford. She stated they spent several hours touring the airport and she was very encouraged with Sir Manning’s enthusiasm for future relations with the Airport. On February 1^st, the Sanford Airport Authority Board brought up some U.S. Customs issues. Last year the airport had experienced a 32% increase in international passenger traffic, and they are expecting another large increase this year. She submitted a draft letter (not received and filed) that she is planning to send to the Federal Legislators in support of them looking at this issue. She stated if the Board has any comments or suggestions that they submit them to her by Thursday.

Upon inquiry by Commissioner Morris, Commissioner Carey stated the letter is a draft, but she is looking for any input the Board members may have.

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Commissioner Carey stated last Saturday she attended the 5^th annual Fast Tracks and Flap Jacks event sponsored by the Geneva Historical Society. It was very informative and the volunteers have done a very good job with this event as well as with the museum. The tour was sold out at both times it ran and while she was on the tour she noticed two things. One was as people were approaching the landfill, there was a lot of debris flying out of the different vehicles and trailers. Just before they get to the landfill, they would pull off the side of the road and cover it and then go into the landfill. If the County patrols that for a while and give them citations to those who are littering, that may start to curve some of the issues of littering around the County. The second thing is a historical marker was placed right at the curb of Osceola Road where it turns into Flagler Trail. The location of this historical monument may not be there for long because as soon as someone misses that curve, they will take out that marker. She stated the Historical Society recommended moving that marker into the Trailhead area and give it an appropriate place so it will be out of the way of vehicular traffic.

Commissioner Van Der Weide asked if the new Board members have been briefed on the restrictions on the use of the office facilities at Sylvan Lake Park.

Mr. Grace stated he doesn’t recall having that discussion with the two new Board members.

Commissioner Carey stated she was briefed by Suzy Goldman and she was told that the facilities could be utilized by other people.

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Commissioner Dallari stated he has met with members of the Palm Valley Homeowners Association regarding the Walden Chase project scheduled for March 8 and he has informed them to contact each Board member to discuss their concerns.

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Commissioner Dallari informed the Board that Barbara Hughes, Cooperative Extension Service Director, will be leaving for India for two weeks with the Longwood Rotary Club to assist in a youth polio immunization project. He asked the Board to keep her and the Rotary Club in their prayers and they will be hearing from her in two weeks when she returns.

Commissioner Van Der Weide left the meeting at this time.

COMMITTEE REPORTS

Commissioner Morris stated with regard to the loss of the East Central Florida Regional Planning Council (ECFRPC) Executive Director, Sandra Glenn, the City of Altamonte Springs sponsored a memorial service for her. He stated relative to the memorial fund, a number of groups that Commissioner Glenn served have made donations.

Commissioner Carey stated the family had asked that in lieu of flowers that contributions be made to the Sandra Glenn Memorial Scholarship Fund at Seminole Community College. She stated she is thrilled to say that over $11,000 was donated in the first two days of the announcement. She said many of the State agencies have sent cards and she would like to thank staff for their help with the reception.

Commissioner Morris advised that people can still make donations to the Sandra Glenn Memorial Scholarship Fund.

Commissioner Carey advised donations can be sent to the SCC Foundation, 100 Weldon Blvd., Sanford, Fl. 32773.

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Commissioner Morris reported that he just returned from the National Association of Regional Councils in Washington, D.C. and in dealing with different county commissioners throughout the country, one thing that occurred to him is the County does their district by number. Sometimes people are confused as to what district the Commissioners cover. He stated some of the districts are done by a geographic region. For instance, Commissioner Carey could be the Lake Monroe district and Commissioner Van Der Weide could be the Wekiva District. Commissioner Dallari might be the Econ District and his would be the Jesup District. He said this is one issue that the Board can think about.

COUNTY MANAGER’S REPORT

Mr. Grace stated staff received a letter requesting that the 7:00 p.m. Public Hearing Item #45, Large Scale Amendment/Osprey Lakes Phase 4, be withdrawn and now they have just received another letter from the applicant stating they did not mean to withdraw but to continue the item.

Commissioner Dallari stated the only problem he has with that is the letter did say to withdraw and now they want to continue it. Staff has notified a lot of people with regard to the withdrawal.

Mr. McMillan stated if the Board continues this item, they will continue it to the next cycle. It will not be continued for two or four weeks as it is part of the cycle.

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Mr. Grace stated traditionally the Board has cancelled one meeting around the July 4 holiday and he would like to get some direction as to which Board meeting date (last meeting in June or the first meeting in July) they would like to cancel.

Commissioner Carey stated she would prefer the first meeting in July.

Chairman Henley stated he will not be attending the first meeting in June as he will be out of state.

Mr. McMillan advised that the first meeting in July is the 12^th.

Chairman Henley stated the first meeting in July will be cancelled.

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Mr. Grace stated staff is having a hard time finding a week or four days in July for Budget Work Sessions that everyone can attend.

Commissioner Dallari recommended scheduling them during the first week of July.

Mr. Grace explained for Commissioner Morris that they schedule four days of Budget Work Sessions because it is the first year of a 2-year Budget. He stated what they may have to do is break them up so they won’t have them all in one week. He said they may have two days in one week and the other two days another week.

Commissioner Morris stated he would recommend doing two days in June and two days in July. He also stated the Budget Work Sessions have been scheduled in June before and they can be done during that time as well.

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The Chairman recessed the meeting at 3:45 p.m., reconvening at 7:05 p.m. with all Commissioners and all other Officials, with the exception of County Manager Kevin Grace, who was replaced by Deputy County Manager Don Fisher, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PUBLIC HEARINGS

LARGE SCALE LAND USE AMENDMENT

AND ASSOCIATED TEXT AMENDMENT,

OSPREY LAKES, PHASE 4, D.R. HORTON

Proof of publication, as shown on page _______, calling for a public hearing to consider approval to transmit the request for the Osprey Lakes, Phase 4, Large Scale Land Use Amendment from Rural-5 (R-5) to Planned Development (PD) on approximately 100.89 acres, located north of Grey Owl Run and east of Jacobs Trail, and the associated text amendment to the urban/rural boundary as depicted in Exhibits found in the Conservation, Design, Future Land Use, Library Services Elements of the Vision 2020 Seminole County Comprehensive Plan to the Department of Community Affairs, D. R. Horton, received and filed.

Chairman Henley advised the Board has received a request (copy received and filed) to continue this public hearing.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to continue the public hearing to consider approving the request to transmit the Osprey Lakes, Phase 4, Large Scale Land Use Amendment from Rural-5 (R-5) to Planned Development (PD) on approximately 100.89 acres, located north of Grey Owl Run and east of Jacobs Trail, and the associated text amendment to the urban/rural boundary as depicted in Exhibits found in the Conservation, Design, Future Land Use, Library Services Elements of the Vision 2020 Seminole County Comprehensive Plan to the Department of Community Affairs; as described in the proof of publication, D. R. Horton.

Under discussion, Commissioner Dallari said the applicant or staff was not able to give him a date certain for the continuance.

Robert McMillan, County Attorney, stated he understands the request for continuance did not indicate a date certain. This amendment is a part of the Large Scale Plan Amendments, so if the Board is trying to handle this as part of this cycle, a delay would delay all the other amendments. He said it might be more appropriate to continue this hearing to the Fall cycle.

Whereupon, Commissioner Dallari amended his motion to state the public hearing is continued to the Fall Amendment Cycle. Commissioner Van Der Weide agreed to the amendment.

No one spoke in support or in opposition to the continuance.

Speaker Request Form and e-mails in opposition were received and filed.

Under further discussion, Mr. Fisher advised he tried to contact the applicant before the meeting to clarify why two conflicting letters were sent, but he was unable to reach him.

Johnny Conley, property owner, addressed the Board to clarify the matter, stating he signed a contract some time ago with D. R. Horton to purchase and develop the property he owns and Mr. Horton was doing everything for him. They have the right to terminate that contract at anytime and yesterday he was told that due to the possible alienation of present D. R. Horton homeowners in the area, they felt business-wise, they had to terminate the contract with him. As part of the contract if they so chose to do that, all the work done by D. R. Horton towards this becomes his property and he has to carry the ball from that point on. He is not a developer so it is his intent to obtain professional help to go through the data and start going through the comments about the project. His intent is to make a presentation that is meaningful and acceptable to the staff, Planning Commission, the Board, and hopefully more palatable to the homeowners association. He is asking for the continuance to put all this together. He was thinking of continuing to March 22, but if delaying him to the Fall cycle does not put more of a financial obligation on him, he would not object to that.

Mr. Fisher advised that March 22 would be too late for this cycle. He said there would be no new application fee, but there might be a nominal advertising fee.

Mr. Conley explained the confusion of the two letters sent to staff.

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

LARGE SCALE LAND USE AMENDMENT

AND REZONE, CAMERON HEIGHTS

PUD/ROBERT ZLATKISS

Proof of publication, as shown on page _______, calling for a public hearing to consider approval to transmit the request for the Cameron Heights PUD Large Scale Land Use Amendment from Suburban Estates (SE), Low Density Residential (LDR), Industrial and Commercial to Planned Development (PD); and Rezone from Agriculture (A-1), Industrial (M-1), Retail Commercial (C-1) and Retail Commercial (C-2) to Planned Unit Development (PUD), Robert Zlatkiss, received and filed.

Jeff Hopper, Senior Planner, presented the request. He advised the site plan and development concept have changed since the staff report was written and that information was provided to the Board today (copy of memorandum to the Board dated February 8, 2005 from Matt West was received and filed). He reviewed the details of the memorandum. He stated one issue the staff raised is the need for special construction standards for homes to reduce the impacts of airport noise on the residents. He said the entire site is outside the contour of the area normally unacceptable for residential development around the airport. Noise is a concern because the airport is so close, and staff is recommending that sound attenuation blankets be included in all homes built south of the line extending east from the end of Hughey Street. In addition, staff has concern for the capacity of SR 46, which is now operating at Level of Service F. The development of Cameron Heights should coincide with the widening of this road; however SR 46 is not currently in the five-year capital improvements schedule and, therefore, is not programmed to be improved in the near future. Therefore, staff is recommending that the project be phased so that no more than 200 dwelling units are built, or the equivalent of 2,000 vehicle trips per day are generated, until such the time as four-laning of SR 46 appears within the first three years of the five-year Capital Improvements Plan. Staff is recommending transmittal, subject to that condition, and others listed, including the following: (1) Single family and townhouse development shall provide an active buffer adjacent to industrial properties; (2) Visitor parking in the townhouse area shall require one visitor parking space per three units; (3) Allowable uses in the commercial tract shall be C-1 uses; and (4) The developer shall be responsible for any traffic signal improvements warranted by the project. Mr. Hopper advised that since the approval conditions in the staff report are based on the previous version of the plan, staff recommends that these be updated to reflect in the new plan regarding the densities, minimum lot sizes, minimum unit sizes, and setbacks contained in the memorandum dated February 8, 2005 to the Board from Mr. West.

Mr. West clarified that SR 46 is scheduled for PD&E design in the five-year plan, but not scheduled for construction.

Chairman Henley had a question on the number of apartments. Commissioner Morris stated his understanding was that there would be no apartments on this site.

Tom Daly, Daly Design Group, 913 Pennsylvania Avenue, addressed the Board on behalf of American Land Development. He introduced Dwight Sadoff and Charlie Madden, Project Engineer. He showed a map (copy in the staff report) of the area and identified the roads, Midway, Sanford, new developments in the area, Indian Mound Village, and Sanford Trail Estates, stating the total area is about 800 acres and this project is about 260 acres. He advised construction is expected next month for the extension of Lake Mary Boulevard into this area. This will be a huge improvement to the traffic situation. He said there are two drainage ditches that run east and west across the site that drain underneath SR 415 out to the St. Johns River, and there are some ditches going north. None of the site is within the 100 year flood plain. They have done the environmental analysis and there are two wetlands on the property. There are also two eagle nests adjacent to the project, next to White Construction and next to Cameron. He advised they have already begun talks with the Fish and Wildlife Agency to meet the standards currently in place. He reviewed the economic impact based on the Sanford-Orlando Airport Master Plan Study. He said they are proposing something to blend in with the airport. As it stands now, the City of Sanford is planning to expand into this area.

Mr. Daly showed the Future Land Use Map (copy in the staff report) depicting the HIP Future Land Use areas. He stated that based on his knowledge in talking with FDOT, SR 415 is under design today and will be under construction in 2009. SR 46 is currently being done as an environmental study and design is scheduled to start in 2006. Mr. Daly discussed the existing future land use. He noted that their property is over four miles within the urban rural line and currently in the area that the County has designated for urban development. He further showed on a map the different businesses/sites in the area and said there is already a lot of development that has taken place in this area. He said this is a mixed use project. They had put in the business park and multi-family because Cameron will not be opened up and they might want to do condominiums. However, he said they are taking that off the table tonight. He stated they have transitioned the densities of land uses to recognize the current trends with the parcel fronting on Celery Avenue to be 2 to 2.5 units per acre; going south will be 3.5 units per acre; and further south to the industrial and higher densities in Midway will be 4 units per acre; and the buffer between some of the existing industrial and business park uses will be townhomes. The current application is for 1,095 units; 70% is single family with 30% as townhomes. Mr. Daly advised they have designated two sites--for an elementary school and a middle school. They have come to terms with the School Board and are working towards selling this property to the School Board to alleviate some of the concerns with the site the School Board had been looking at. He pointed out another commercial parcel in the NW corner of SR 415 and SR 46 that is expected to be used for a grocery store at some point. He said they expect to buffer all proposed residential from any existing industrial or commercial land. He reviewed the lot sizes and advised of their upgrades to the square footages for each lot size (information given in the memorandum submitted). He further committed to 1,100 square feet for the townhomes. He stated they have agreed to hold the property to the Celery Avenue standards in the area. He reported that the traffic study shows this development will have less traffic. He also reported on the neighborhood meeting held on January 3, 2005 with some key individuals who had concerns with drainage, the eagles’ nests, schools, and the airport. He showed a map of the noise contours (not received and filed) and pointed out this project is outside the noise contours. He said the Airport Board asked them and they executed an avigation agreement and easement which protects the Airport from any future legal action that might be brought against them by any homeowner. He advised the Board that they recognize there are things in the staff report that they will have to work on when the project comes back for adoption. He noted the property is approximately four miles within the urban rural boundary, so there is no issue of pushing out urban development or doing any sprawl development. They are near a major employment center that will generate over 111,000 jobs in the planning period, and there needs to be residential development nearby so people can live near their jobs and have commercial opportunities for neighborhood shopping.

Dr. Vogel, Superintendent of Schools, addressed the Board to state during the last two weeks they have had conversations with Mr. Sadoff and the County staff, and the School Board has tentatively agreed to purchase two adjoining sites (pending the County’s approval of the development for impact fee credits). He identified the sites on a map extending from Hughey over to Beardall and said the elementary site would replace the site they have been considering for the past months. He discussed plans to start construction of the elementary site almost immediately and the middle school site would be used in the future.

Upon inquiry by Chairman Henley, Dr. Vogel said the elementary school would be a replacement for the Midway Elementary School. He also said the new site would accommodate about 800 students. He expects the new development would generate approximately 226 students so that would still give additional space for growth. He said he had not considered the impact of the area projects already approved, but not out of the ground yet. Whereupon, Chairman Henley said the new school might already be over capacity.

Paul Partyka, 934 Contravest Lane, addressed the Board on behalf of his client Ira Majakian (phonetic) who owns property on Beardall to state Mr. Majakian sent a letter (not received and filed) to the BCC outlining his points. Mr. Majakian thinks this is a positive improvement for the area and he is totally in favor of the project.

Doug Doudney, President of the Coalition for Property Rights, addressed the Board to state he thinks what they are dealing with tonight is a question of reasonable use of the land. He gave some history of the subject property. He said it seems now that the nature of the land is residential and it is clear that the area is intensifying. He believes the applicants have applied for reasonable use of the land. He said remember that the role of government is not to protect the citizenry from change but to protect reasonable use rights for all land owners.

Carol Saviak, 924 Bungalow Avenue, Executive Director representing the Coalition for Property Rights, addressed the Board to state the applicant is a property owner who they believe is seeking to exercise his property rights. She said the intended project may change, but it does not tangibly harm the area property values. Change is not always welcomed, but the property owner has a right to realize his dreams. She said this is a reasonable use of this property.

Jim Gehr, 39620 Beba Road, addressed the Board to state he is very pleased with the design the applicant has come up with.

Archie Smith, 1375 Cameron Avenue, addressed the Board to state he believes people have a right to sell their property and a right to develop it. He said there is no comparison to how good the drainage is now on Celery Avenue compared to what it was three or four years ago. The County has done a lot of work in the Indian Mound area and greatly improved things. He said he is for a planned community and likes that better than a hodge-podge situation that is not conducive. He is for this project and the people who own the land that wish this to be for their retirement.

Larry Dale, 3400 Celery Avenue, speaking personally as a property owner, addressed the Board to state he bought in the area with the full understanding that this is a designated urban service area. The thing that disturbs him and his family the most is that this is M-1 zoning and can develop in a hodge-podge fashion. They are pleased to see this mixed use that buffers from their property. They are pleased to see that the applicant will make this a quality development, especially on the Celery Avenue parcel. He is pleased that someone has come along with such a large plan that can address schools, traffic, growth, drainage, and bring upscale development to Sanford and Seminole County.

Bill Miller, 147 Variety Tree Circle, Chairman of the Sanford Airport Authority, addressed the Board to state at the Authority Board meeting last week, they had a report on this project and their Board took action. He asked Mr. Dale, CEO, to advise the Board of the action taken at that time.

Mr. Dale advised that the State has speeded up the process of four-laning SR 46 and the Airport Authority has voted to donate the right-of-way along a two-mile stretch on the south side. This is in the Year 2006-2007 for design. He referred to the map of the noise contours and said the Airport has no objection to the development as long as there is an avigation easement. Both developers have agreed to that and they will provide that avigation easement to the County Attorney. He requested that such easement be incorporated into the development order for this project. He understands there must be some mixed uses around the airport, and as long as the criteria established by the County, City, and Airport with the Joint Planning Committee are adhered to, they will support the project.

John Russell, 950 Powhatan Drive, addressed the Board to state he has lived in the Celery Avenue area for over 30 years and now live in Indian Mound Village. During this time, there have been few changes or improvements to Celery Avenue and surrounding area. The roads in this area have been narrow with poor drainage for years. Just recently, he has seen improvements to Celery Avenue that were made because of the Celery Keys and Celery Lakes developments. The proposed development will bring change to Celery Avenue, and not all change is bad. There will be better roads and drainage because developers will be required to upgrade. He said there will be landscaping where there never has been and there will be new schools, among any other improvements. He thinks Cameron Heights will be good for the area and community.

Jimye Russell, 950 Powhatan Drive, addressed the Board to state rather than have many developments occur without a plan of the overall image, she thinks it is better to work with this developer who has a far-sighted plan that will give a unified look as Celery Avenue develops. She said she is in favor of the project.

Carl Paulson, 3779 Celery Avenue, addressed the Board to state he is for the development.

Ken McIntosh, 951 Powhatan Drive, addressed the Board to state all of them who oppose the Cameron Heights project are not in blind opposition to growth and development of their area. They realize change will occur in this area, but they are opposed to that which is categorized as blind, poorly planned growth and unfettered progress here and elsewhere in the County. He responded to comments by previous speakers, stating this area has not evolved into a residential district as has been depicted tonight. He said retirees and new families are not going to be the individuals that utilize these facilities at this project. He said there has been no major drainage improvement on Celery Avenue from Mellonville Avenue to SR 415 other than the small efforts made at Celery Keys and Celery Lakes. He advised the joint planning agreement between the County and City of Sanford has expired. He also said the PD&E has not been funded and there is no possibility that it will be funded according to his communication with the Department of Transportation. He asked the Board to affirm the decision of the Land Planning Agency and Planning and Zoning Commission on January 5, 2005, to oppose the Cameron Heights Large Scale Comp Plan Amendment and Rezoning. He said the matters that appear to be possible solutions to the problems have just come out in the last few days. The proper thing to do is as suggested by Roger Neiswender, Neiswender and Associates, in his report (received and filed) that the proposed amendment should not be approved for transmittal or adoption because it has not demonstrated a logical land use plan for the Celery Avenue/SR 46 area and has not offered proposals or conceptual plans for the provision of supporting infrastructure of sufficient capacity, proper timing, and form to support urban, residential, business, commercial, or industrial uses. Mr. McIntosh said they feel a sector plan is appropriate in this connection and that is a matter that should be pressed forward in conjunction with the Celery Avenue/Cameron Avenue/SR 415 Corridor. He reviewed the concerns of the citizens (information packet received and filed) in opposition to this project.

Roger Grimshaw, 4071 Chickasaw Drive, addressed the Board to show slides (not received and filed) and speak about the wildlife in the area. He stated he has observed 144 bird species in this area, two currently listed as endangered; four species listed as threatened; and seven species are of special concern. He showed four pictures (not received and filed) of birds found in or very close to the subject area. He stated birds and other wildlife will not survive if the habitat is destroyed. Wildlife is a valuable asset and he hopes the Board will make the right decision taking that into consideration.

Marguerite Terwilleger, 4020 Chickasaw Drive, addressed the Board to state it is a duty and obligation to create an atmosphere of understanding on both sides of the table. She was very concerned when she heard yesterday that some individuals heard that this was a done deal. She said the citizens have elected the Commissioners to consider the matter with all voices present. She suggested painting a picture they can all live with and pass down to future generations. She feels the plan tonight is the wrong plan. She asked the Board not to give up because of wanting this to be over.

Robert Jasmin, 1153 Myrtle Street, on behalf of the North Lake Jesup Civic League, addressed the Board to state with a project of this magnitude, and without a concrete joint planning agreement, he doesn’t know how the Board can go forward. That is, how can they go forward without knowing where all the funding is going to come from for the improvements. Secondly, he said the Board spent $277,000 in two and a half years putting the Myrtle Street Urban Conservation Village together. Just recently they said that concept could be the answer to some of the other problems. He said maybe they can incorporate that in the Cameron Heights area. Also, he asked what is the Board going to do about Midway. He asked if they are going to revitalize, then don’t they think Midway ought to be brought into the equation.

Bonnie Wills, 1683 Beardall Avenue, representing T & W Realty, addressed the Board to state she owns property at 1683 Beardall Avenue that is an industrial complex. When they bought the property, they were assured it would remain industrial property. They have over 100 people employed now and have four more acres for development. She said about 20 or 30 trucks a day come in and out of their complex. She stated she has given the Board a copy (packet received and filed) of what happens on their street, which is 18 feet wide. They have to pull truck after truck out of the ditches because the road is so narrow. They feel it is an unsafe situation for a school or house to be put right in back of them. In addition to those trucks, she has counted 37 other trucks coming out today. This is a high traffic industrial area. She said this area should be set aside for industrial development. Further, she said they have had a real problem with drainage. There is flooding continuously along with alligators that come up to the property fences. She advised they have a large water tower on their property and even today they had to cut back because they don’t have enough water pressure for the area.

Robert Tomko, 1683 Beardall Avenue, addressed the Board to state he would like to hear the developer comment on what they are going to do with Beardall Avenue; who is going to pay for widening of that street. He asked how will they handle the sewage and drainage. He said school buildings behind an industrial complex do not make a lot of sense.

Beth Schulman, 921 Powhatan Drive, addressed the Board to state one issue not discussed in the presentation by the developer was net buildable or total gross acreage. That was not brought across clearly and also the issue regarding Cameron Avenue. She said the developer basically disclaimed Cameron saying the property does not touch Cameron. She said she sits at Cameron at least 10 minutes every day to get onto SR 46. There has been no consideration regarding how the traffic is going to move through to the new developments. That needs to be addressed and also consideration given to Sipes Avenue and Beardall Avenue. Regarding the school sites, she said there have not been any studies about how Celery Keys and Celery Lakes will affect the schools. She said there is no lighting or sidewalks on Celery Avenue. She asked what are they going to do with all these kids. She stated it seems they are moving fast on issues that have not been discussed thoroughly. She added they need a JPA with the City of Sanford.

Fred Schulman, 921 Powhatan Drive, stated his thoughts have been expressed already.

Kristi Lommerse, 535 Upsala Road, addressed the Board to state she has concerns with the following: (1) the impact on traffic and will the increase create problems for her grandfather driving his farm equipment on the road; (2) people and children getting into their groves; (3) their 21 artesian wells are subject to saltwater intrusion with the increased demands for fresh water; (4) any drainage interruptions to the St. Johns River could cause surface water accumulation on their crops; and (5) safety--they have dangerous farm equipment, use chemicals, and have 21 open artesian wells. All these could cause potential problems if anyone gets into their groves or farm area. She said they intend to maintain their agricultural operation which has been in place for about 98 years.

Laura Vaillemot (phonetic), 2200 Celery Avenue, addressed the Board to state they have some major problems. She said her property on three sides has been enveloped by Celery Keys. The water is no longer in the roads, but on her property and the neighbors who own the homes. It is higher than ever and the septic tanks have more water than ever on their property. There has been one accident since the road widening, and she has seen two deaths in eight years because of the road. She said the Board needs to plan. They have beautiful homes and farms on the roadway. They wanted sidewalks to go up to their houses, but that was not approved. She said the Commissioners need to walk those (new development) properties; there are more than two children in each family. She has called the School Board because a child was almost hit by a vehicle. She doesn’t think Celery Avenue is ready for this type of development at this time.

Pastor Michael Price, New Bethel A.M.E. Church, 3615 Main Street, addressed the Board to state he is not against development and understands that it happens. He is appalled that they are talking about developing areas and making things pleasing for future residents when he pastors in the area with residents now who live in misery with no sidewalks, no proper drainage, not enough proper signs, and streets that are unpaved. He is appalled because what he is hearing tonight is simply urban development lining the pockets of a few and unconcern for those who often cannot speak for themselves. The County will invest into future residents when they have not taken care of the residents for years. It is his belief that it is their responsibility and moral obligation as County Commissioners to take care of the problems in Midway before they develop a new area.

Chairman Henley advised the County has spent over $6 million dollars in the last two years to take care of those particular problems Mr. Price talked about and also spent half a million dollars putting in a Community Center.

Tracey L. Cashe addressed the Board to state the residents are glad they received the roads before their departure from this earth, but they still have not been given what was promised to them. They have heard talk about the birds and what this project will do to the birds. He told what happened when he was born and said now everything is jumping and nothing has been done for the Midway area. He said he hopes some consideration will be given to Midway.

Attorney Dwight Sadoff, 255 S. Orange Avenue, addressed the Board to respond to the comments made by the speakers.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Upon inquiry by Commissioner Morris, Mr. Sadoff advised the townhouses will probably sell in the $160,000 range and the single family would sell in the $200,000 to $250,000 range.

Chairman Henley advised this hearing is not for approval of the proposal but it is for transmittal. If the Board approves this transmittal, they will receive comments from DCA and this will have to come back before the Board.

Commissioner Morris stated he was shocked with the densities Sanford allowed. He believes and knows that Sanford will annex along SR 46 and Celery Avenue as far as they can. They have seen where Sanford has the higher densities. Sanford will allow the high densities and have lower-priced homes. He is disappointed that a planning agreement has not been reached. He said the developer has met the objectives with the density at 2.5 and are down to a maximum of four as you go south. The developer has reached an agreement with the school system and has gone way beyond what the County has asked them to do. He said the alternative to this project is far, far worse.

Upon inquiry by Commissioner Van Der Weide, Mr. Fisher advised the last discussion regarding the JPA was left with 2.5 units per acre along Celery Avenue and who would accept maintenance of Celery Avenue. The discussion never went anywhere. He has had a quick discussion with the new District Commissioner and he plans on bringing her up to speed to begin those discussions again. Mr. Fisher said he doesn’t think the JPA necessarily plays in this project. He added he feels this is an opportunity to get the kinds of densities the Board was talking about before and not necessarily have to deal with the JPA at this time.

Commissioner Van Der Weide asked what is the plan for solving some of the major problems. Mr. Fisher advised the public is not paying for the infrastructure, the developer is doing that. There are two regional stormwater ponds going in. They talked about the road capacity and the process has begun on making intersection improvements. They have had committee meetings monthly with the folks in the Midway area.

Chairman Henley said it concerns him because one of the biggest disagreements they have had with Sanford is at what point is Celery Avenue going to be transferred to the City of Sanford. He said this project is going to make it possible for all of this to be annexed into Sanford and the City can still take no responsibility for upgrading Celery Avenue.

Chairman Henley stated Mr. Newisender (in his report) made several good points. This whole area needs to be planned out as an entire section rather than piece-mealed as it has been done. That is an area, he believes, they need to go back to the table and try to get it jointly planned for the entire section.

Upon inquiry by District Commissioner Carey, Mr. Fisher explained the process when concurrence comes into play.

Mr. Fisher advised Commissioner Dallari that this is probably one of the better development approaches in this area. He concurred with Commissioner Morris that the infrastructure needs to be planned in a three-year time frame for the project to continue.

District Commissioner Carey stated knowing what some of the roadway plans are for this area, obviously the gateway for Seminole County in that portion of town is about to be expanded; and they need to plan for what that area is going to look like. She sees an opportunity to plan rather than piece-meal. She applauded Mr. McIntosh on his dedication to keep things on point. In reviewing the Celery Avenue overlay documents, the Board asked the developer to honor what has been negotiated in good faith among the citizens, the City and County, even though the JPA has never been signed. The developer did agree to that and the 2.5 unites per acre density. In talking to the School Board, she thinks they have to start the communications process with the development community, School Board, City, and County. She encouraged the developer to talk to Dr. Vogel and they have come up with an idea of combining two schools on one site. As far as the airport, the developer has agreed that the properties to the south would have sound attenuation so there would not be a problem. There are some opportunities that would not exist if this were not a planned development. Based on the lot sizes, she thinks the developer has stepped up to the plate. Another benefit of the project is reducing the number of trips. She thinks this helps the Midway area. She said she has heard the issues of Midway and is working on a community center and doing a lot of things in that area. She thinks planned development is a stronger plan to move an area forward.

Motion by Commissioner Carey, seconded by Commissioner Morris, to transmit the request for the Cameron Heights PUD Large Scale Land Use Amendment from Suburban Estates (SE), Low Density Residential (LDR), Industrial, and Commercial to Planned Development (PD); and to continue the rezoning from Agriculture (A-1), Industrial (M-1), Retail Commercial (C-1) and Retail Commercial (C-2) to Planned Unit Development (PUD), as described in the proof of publication, Robert Zlatkiss, with the staff report comments and commitments made tonight, with excluding the apartments portion from the site plan, and with all the conditions (58) staff identified to be a part of the development order.

Under discussion, Chairman Henley stated when he met with Mr. Sadoff and Mr. Daly about the proposal, he agrees they have made a lot of concessions to improve the process. They are setting a trend with this development for everything else in the area. He doesn’t know if he is ready to commit to that yet. This is for transmittal and there will be another opportunity to review this and get more details as it comes back before the Board. He said the present configuration bothers him considerably.

Commissioner Van Der Weide said he agrees with the Chairman. If they approve this, they are simply transmitting it. He wants the developer to know that in a few cases, the amendments come back without comments from DCA and the Board still disapproved them, so there is risk involved.

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

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Chairman Henley recessed the meeting at 9:50 p.m. and reconvened it at 10:05 p.m.

FLORENCE ARBOR PUD LARGE SCALE LAND USE

AMENDMENT AND REZONE/JUSTIN PELLONI, Continued

Proof of publication, as shown on page _______, calling for a public hearing (continued from December 14, 2004) to consider approving the proposed map amendment from Office to PD (Planned Development) and approve the proposed rezone from A-1 (Agriculture District) to PUD (Planned Unit Development), on approximately 27.2 acres, located on the northeast corner of Orange Boulevard and CR 46A, subject to the Preliminary Master Plan and Development Order; Justin Pelloni, received and filed.

Tina Deater, Senior Planner, stated this is the adoption hearing for this item. It was continued from December 14, 2004, in order to allow the County’s economic consultants, Real Estate Research Consultant and KeyInSites, to complete the first phase of their economic studies. If this item is adopted tonight, it will be included in the Large Scale Land Use Amendment Adoption Ordinance that will encompass all the Spring 2005 Large Scale Land Use Amendments (presented to the Board as a separate agenda item following the conclusion of this large scale amendment cycle). She submitted a copy (received and filed) of this proposed ordinance into the Record. She said staff has reviewed the results of the first phase of the economic studies and she reviewed the positive and negative aspects of approving the proposed land use amendment and rezone (as identified in the staff report). She stated staff is recommending adoption of the proposed land use amendment to Planned Development and approval of the rezoning to Planned Unit Development and the Preliminary Master Plan, subject to the Development Order presented in the staff report.

Tony Walter, Assistant Planning Manager, addressed the Board to review the highlights of the related economic studies, stating staff has reviewed the studies with each Commissioner individually. He explained staff asked Real Estate Research Consultants to adapt a model that the Community Affairs had to the environment in the County. The purpose of the model is to provide a structured means of comparing one land use plan to another. It looks at the stream of revenues and the costs attributed to a project to various public accounts. The model also looked at area-wide economic impacts, including jobs, total sales and earnings, and school impacts, including new students and capital. Staff also asked Real Estate Research and KeyInSites to look at the north I-4 Corridor for the relationship between housing, jobs and land use; and how that relation impacts the economic development goals of the County as stated in the North I-4 Master Plan. Both consultants concluded that first-class job locations and first-class nonresidential buildings must be available within a reasonable time frame in order to attract the target businesses the County has identified in their plans. Other conclusions were: once land use is established on a piece of property, that generally precludes it being used for another purpose for the foreseeable future; new target industries create new jobs which also creates a need for additional housing; housing is more flexible as far as location than the type of office being looked at in the target areas; the prime location for target industries is in close proximity to I-4. He showed two maps (not received and filed) illustrating the proximity to I-4, explaining the importance of that. The consultants also indicated that the amount of vacant office space is less important than the location. They also estimated that about 4 1/2 million square feet of additional office space would be needed to accommodate the projected jobs in the I-4 corridor and that equates to between 180 and 250 additional acres of land needed for office space. The consultants said retail spaces produce jobs but at a much lower rate than office space. Mr. Walter said staff ran the model with the first assumption that the entire tract of properties would be developed as colossal office space over 50,000 square feet at the maximum allowed on the property (approximately 414,000 square feet) and compared that with the model run of the tract developed at the proposed 320 units and 1,950 square feet of retail. The fiscal impact to the County was positive in both models with the office generating $2.4 million more positive revenue than the residential over a 20-year period. The office generated about 2,760 more jobs than the residential and a positive impact on the economy of $176 million over the 20-year period. Office had a positive impact on schools, generating income but no students. When staff looked at the model from the actual experience on the number of students generated in the area for the type of townhomes in this project, there was a small, positive impact. He said from that, you would assume the impact on the schools would be negligible.

Commissioner Carey corrected the staff report that at the time of the P&Z Commission meeting on June 4, 2004, the Commission was aware of the school issues, according to the minutes of that meeting and the vote for approval was 4 to 1. She also advised the two-page document (copy received and filed) submitted to the Board tonight with Items A-U represent the revised development order for this project.

Justin Pelloni, applicant, addressed the Board to state John Martin of Kimley Horn and Attorney Miranda Fitzgerald of Lowndes, Drostic, Doster, Kantor and Reed are present to answer any questions. He gave a slide presentation (copy received and filed) of eight key points covering the following: (1) The assemblage of parcels took about one year to assemble. There are eight contracts and five of those are with the same family. They may not be able to act in concert in the future. He doesn’t know if they would even have a Class B option; (2) The plan proposed conforms to the Vision 2020 Plan; (3) This is not in the HIP district and is not a part of any previously approved development plan; (4) This property is contiguous with the existing residential; (5) This would be restricted from being a rental community; (6) There is a plan in place for water; (7) They had community support; and (8) Some other office developments they are developing in the area are Park Place; and approval last week from the City of Lake Mary for the Rinehart Plan.

Blaine Darrah, 1624 Cherry Ridge Drive, Chairman of the Heathrow Government Affairs Committee, addressed the Board to state they strongly support this development along Orange Boulevard and CR 46A. They appreciate the changes made in the development order today, memorializing the commitments made previously to have no vehicular access onto Orange Boulevard.

Cindy Crain, 820 Banana Lake Road, addressed the Board to state she basically approves this but she has some reservations. Because of the surrounding residential areas, she thinks 20.25 units per building acre is too dense. She thinks 320 units are much too many. She would prefer to see two and three-story townhomes with no condominiums. The two-story townhomes would be along Orange Boulevard and CR 46A, and the three-story townhomes should be in the interior areas. She said if the office retail section could be changed to residential, the new space could include the more compatible two and three-story townhomes. She advised that if new developments are not slowed, there could be a water deficit in less than three years. She asked when the County is built out in the next few years, will the reclaimed water available at the time be sufficient to offset the increased demand for water from the aquifer that will be obtained under the consumptive use permits. She asked the Board to think carefully about her comments.

Mike Gibson, area resident, addressed the Board to state he is ready to retire and move from the area. He recommended the Board approve the project.

Mark Herrmann, 834 Banana Lake Road, addressed the Board to state the staff is assuming the residential won’t have much impact on the schools. He said they all know what happens when you assume things. He stated there will be an impact, even if it is small. He said Class A office space will greatly enhance the community. If it goes to Class B, he is against that.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

District Commissioner Carey stated the Board had long discussions in the previous meeting about the merits of the project. She still thinks it is a good one.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the proposed map amendment from Office to PD (Planned Development) and approve the proposed rezone from A-1 (Agriculture District) to PUD (Planned Unit Development), on approximately 27.2 acres, located on the northeast corner of Orange Boulevard and CR 46A, subject to the Preliminary Master Plan and revised Development Order, as shown on page _______, and authorize the Chairman to execute same; as described in the proof of publication, Justin Pelloni.

Under discussion, Commissioner Morris stated he will be supporting the adoption because of what has been submitted into the Record. He appreciates the good work by staff and the applicant in their presentations.

Commissioner Dallari said he echoes the same comments; the staff and the applicant did a very good job. He asked if the 1.5 acres for C-1 was still in the site plan.

Mr. Pelloni answered that they would prefer to delete that. It was originally put in because they felt it would help offset the cost of some of the land, but the way it worked out, they were defeating their own purpose of master planning. They kept coming away with a strip. He said at one point staff advised them to leave it in because if taken out, they would have to start the process all over again.

Mr. Fisher said through the Board’s adoption, they could eliminate the outparcel’s use, keep it, or expand it.

Commissioner Carey said she is not one to tell someone what might be economically feasible or not. She thinks the residential component is acceptable. She asked if the developer is going to eliminate the commercial parcel, is he planning to put in some additional buffering along there. Whereupon, Mr. Pelloni answered yes and they had hoped to achieve the buffer as that along the drive from I-4 on Lake Mary Boulevard to Markham Woods Road.

Commissioner Dallari said he believes the developer is trying to put in a Class “A” development and to see some kind of little commercial in front of it would hinder the project. They need to increase the commercial or get rid of it.

Justin Pelloni, thereupon, asked to remove that commercial piece.

Mr. Fisher, upon counsel of Attorney McMillan, advised that because this is an adoption hearing, there are a lot of conditions in the development order that would make that cloudy. That is probably why the staff advised the Pelloni’s to leave it in. He said it would be better to adopt the project as is and bring this back for revisions during the final master plan process or continue this matter to another meeting.

Mr. West said another alternative is that the tract could be commercial or spread the entitlements.

Mr. Fisher recommended holding onto the tract until the project comes back for the final master plan.

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

RED BUG ROAD/COOPER TOWNHOMES

LARGE SCALE LAND USE AMENDMENT

AND REZONE/JIM COOPER

Proof of publication, as shown on page _______, calling for a public hearing to consider approving transmittal for a Large Scale Land Use Amendment from Low Density Residential (LDR) to Medium Density Residential (MDR) and Rezone from A-1 to R-3A on 20.12 acres for the Red Bug Road Cooper Townhomes located on the north side of East Red Bug Road, ¼ mile west of SR 434, Jim Cooper, received and filed.

Mr. Hopper presented the request, stating staff recommends transmittal of the Large Scale Land Use Amendment and approval of the rezoning from A-1 to R-3A, subject to the conditions listed in the development order and staff report. He reviewed the conditions, which include the following: (1) Building height limited to 35 feet; (2) Front setbacks shall be 20 feet from sidewalks; (3) The sidewalk shall provide a sidewalk along East Red Bug Road connecting the site with SR 434; and (4) Garages shall not be converted to living space.

Jim Cooper, applicant, addressed the Board to state he concurs with the staff.

No one spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner Morris, to approve transmitting the request for the Red Bug Road/Cooper Townhomes Large Scale Land Use Amendment from Low Density Residential (LDR) to Medium Density Residential (MDR) and approve the Rezone from A-1 to R-3A, per the staff report, on 20.12 acres for the Red Bug Road Cooper Townhomes located on the north side of East Red Bug Road, ¼ mile west of SR 434; as described in the proof of publication, Jim Cooper.

Under discussion, Commissioner Dallari noted the staff did send a notice to the City of Oviedo and has not heard a response, so he believes there is no opposition from the City. He suggested adding to the staff recommendation that there be some type of wrought iron fence or divider along the right-of-way on the Red Bug Lake Road portion with some type brick column to denote the new development.

The applicant had no objections. Commissioner Dallari said he would like to see that commitment noted.

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

BOAT DOCK REGULATIONS ORDINANCE

Proof of publication, as shown on page _______, calling for a public hearing to consider the Boat Dock Regulations Ordinance, received and filed.

Mr. West stated this is the first of two public hearings regarding amendments to the Code to allow boat docks on one acre or larger lots without a house being built. He explained this was continued from January 11, 2005 to incorporate the recommended P&Z changes and readvertise the ordinance. No action is necessary. The second hearing for adoption is scheduled for February 22, 2005, at 1:30 p.m.

No one spoke in support or in opposition.

Chairman Henley announced the second public hearing will be held on the date specified.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:54 p.m., this same date.

ATTEST: _____________________Clerk ___________________Chairman

slm/er/cc

4. Approve appointment of Gregg D. MacDonald as health care purchaser to the Board of Directors of the Local Health Council of East Central Florida, Inc.

Environmental Services

Business Office

Fiscal Services

Budget

Public Works

Engineering

16. Adopt appropriate Resolution #2005-R-23, as shown on page _______, accepting Quit Claim Deed, as shown on page _______, from Carlos A. Piedra to Seminole County for the continued maintenance of McNorton Road Right-of-Way.

18. Adopt appropriate Resolution #2005-R-25, as shown on page _______, accepting three (3) Sidewalk Easements, as shown on page _______, for the construction of sidewalk along a portion of Old Lake Mary Road.

19. Approve and authorize Chairman to execute the Construction Agreement, as shown on page _______, with CSX Transportation Inc., to facilitate the proposed widening of existing crossing surface in conjunction with the County Road 46A, Phase III project.

Litigation

COMMUNICATIONS AND/OR REPORTS

16. Adopt appropriate Resolution #2005-R-23, as shown on page _, accepting Quit Claim Deed, as shown on page _, from Carlos A. Piedra to Seminole County for the continued maintenance of McNorton Road Right-of-Way.

18. Adopt appropriate Resolution #2005-R-25, as shown on page _, accepting three (3) Sidewalk Easements, as shown on page _, for the construction of sidewalk along a portion of Old Lake Mary Road.