BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 11, 2003
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, March 11, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Commissioner Grant Maloy.
Planning & Development Director, Don Fisher, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-60, as shown on page _______, commending William T. Cassidy, Jr., Crew Chief, Road Operations/Stormwater Division, Department of Public Works, for his twenty-eight years of service to Seminole County, upon his retirement.
The Resolution was presented to Mr. Cassidy.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-57, as shown on page _______, proclaiming the week of March 17 - 21, 2003 as
“John E. Polk Correctional Facility Jail Chaplain Appreciation Week”.
Districts, 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-62, as shown on page _______, proclaiming the month of March as “American Red Cross Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Joel Hass, who addressed the Board to express his appreciation.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-61, as shown on page _______, in recognition of Dianne “Dede” Schaffner as the recipient of the “Success Award for Business Achievement”.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris left the meeting at this time.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve and authorize the following:
5. Seminole County v. Radosevich, et al (Parcel Numbers 188/788/888, County Road 427 Phase I road improvement project). Authorize appeal to the 5th District Court of Appeals for an unfavorable ruling on a legal issue, which occurred at a supplemental attorney’s fee hearing on February 6, 2003.
6. Authorize Binding Offer of Judgment for Parcel Numbers 156, 756 and 856 of the Dodd Road improvement project in the not-to-exceed amount of $22,000.00.
7. Authorize Binding Offer of Judgment for Parcel Numbers 147 and 947 of the Dodd Road improvement project in the not-to-exceed amount of $350,000.00.
8. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 164 of the Lake Drive road improvement project, Orlando Patch & Seal, property located on the north side of Seminola Boulevard approximately 200 feet west of Murphy Road in the amount of the County’s appraised value of $4,200.00, with no fees or expenses incurred.
9. Approve and execute Property Release and Indemnification Agreement and Subordination of Utility Interests, as shown on page _______, relating to Parcel Number 128 of the Lake Emma Road improvement project, Xenon/Technology Park at Lake Mary Owner’s Association, property located on southwest corner of Lake Emma Road and Technology Park in the amount of $17,978.00 (County’s appraised value for improvements and cure costs), inclusive of all fees, costs and expenses. The County has already purchased the fee interest in the property from Xenon Research, Inc., the property owner. Technology Park at Lake Mary Owner’s Association, Inc., owns the improvements on the parcel acquired.
10. Approve execution of Subordination of Utility Interest Agreement, as shown on page _______, between the County and City of Altamonte Springs, relating to Parcel Numbers 103, 109, 111, 123 and 127 of the Wymore Road improvement project.
Districts 1, 3, 4 and 5 voted AYE.
County Attorney, Robert McMillan, advised he would like to file a memo of law with the court in regard to the Palomino Way lawsuit. He said they will not be taking sides in the suit, but clarifying with the court that it was in error when it made the determination that no road is public unless the County accepts it.
Commissioner Morris re-entered the meeting at this time.
Commissioner Maloy stated he supports the filing of the brief and does not understand what the big problem is because the improvements to the road have done nothing but improved it.
The Board voiced no objections to the County Attorney filing the memo of law with regard to this case.
DCM, Sally Sherman, and Assistant County Attorney, Steve Lee, addressed the Board to give the legislative update. Ms. Sherman advised the Legislative Session opened on March 4, 2003 and delegates from Seminole County will be going back to Tallahassee for the Florida League of Counties Day on March 26. She added the Session will end on May 2, 2003. She requested adoption of the resolution requesting the Governor to reinstate full funding of the State Library of Florida.
Commissioner Maloy stated he would be cautious in sending any resolution with any strong wording. He suggested including in the resolution that the Board understands that the State is in tough budget constraints and hopes that the Governor and Legislature would make the best decision for the State.
Commissioner Henley stated he believes the Board should take a strong stand on anything that has an impact on the County. He said the Legislators appreciate knowing how the Board feels. He added that he does not have a problem with the resolution.
Commissioner Morris stated the County’s fiscal house is in order and the State’s is not.
Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-63, as shown on page _______, requesting the Governor’s Office to reinstate full funding of the State Library of Florida.
Under discussion, Commissioner Van Der Weide urged the Board to exercise a lot of caution with the wording and tone of any resolution that is sent to Tallahassee. He added that the Board can make them aware of their concerns without hitting them over the head.
Chairman McLain agreed that the Board needs to be diplomatic with their language.
Commissioner Maloy suggested setting a more congenial tone in the cover letter accompanying the resolution.
Chairman McLain stated he will make sure the cover letter expresses the tone suggested by Commissioners Maloy and Van Der Weide.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Attorney Lee advised the Revenue Estimating Conference will be announcing that next year’s revenue will be $200 million less than previously expected. He stated Governor Bush opened the session with a State of the State Address and called for the Legislature to put the class size and bullet train amendments back on the ballot. This requires a 3/5ths vote to call a special election. With regard to Article V, FAC has asked the Board to contact Rep. Simmons, who sits on the House Committee, and urge his support of their position with regard to funding.
The Board voiced no objections to staff contacting Rep. Simmons with regard to same.
Attorney Lee advised the Wireless 911 Bill has been filed in both the House and the Senate. The bill proposes to pre-empt local government’s zoning authority over location or relocation of towers on government-owned property, co-location on existing towers, improvements to existing sites and increases in tower height of 10%. He also advised that there is a bill providing statewide regulations on tow trucks; however, it does not affect the County’s ability to deal with the rates.
Attorney Lee continued with his presentation, advising there are two health care funding issues. One is a proposed committee bill with the House Health Committee, which increases the County’s contribution to nursing home costs ($1.2 million per year increase). The other bill proposes to increase the per capita maximum exposure of each count for hospital charges incurred by indigents while outside their home county. Currently, the cap is $4 per capita (approximately $1.2 million) and it is proposed to go to $6.
Commissioner Morris requested staff to provide the Board with the items the State is proposing to cut the services on versus the items where they will be transferring the costs to the County.
Attorney Lee advised there is a new Right to Farm Bill which would prohibit local governments from enacting any type of regulation dealing with farms and farming operations in any area already covered by a “best management” practice or a Statewide regulation. It also prohibits any change in land use designation or zoning of farmland or land with an agricultural tax exemption without the owner’s consent.
Attorney Lee gave an update on the LYNX legislation, stating there is some discussion about a bill that would include a provision abolishing the Seminole County Expressway Authority. He briefed the Board on the negotiations between the League of Cities and the Florida Association of Counties with regard to the annexation issues.
The Board was advised that Commissioner McLain, Commissioner Morris, Kevin Grace, Sally Sherman, Bob McMillan and Steve Lee will be attending the Florida Association of Counties Legislative Day in Tallahassee on March 26, 2003.
Attorney McMillan advised that the Florida Water System’s deal is now dead.
The Chairman advised Item #15, SJRWMD Consent Agreement has been revised to read “Seminole County Environmental Services” rather than “Public Works”. He further advised that Item #27, BD-288-03/BJC has been revised with the award to go to “Home Systems, Inc., dba Roll-a-Way of Central Florida, Orlando ($77,578.00).
Upon inquiry by Commissioner Maloy, Director of Environmental Services, Bob Adolphe, addressed the Board to advise they will not be hiring any additional personnel with regard to Item #15.
Commissioner Henley stated it angers him that the County has been given this severe penalty by the St. Johns River Water Management District and the violation went on the four years without the Board being aware of it. He said the Board needs to take action to make sure this does not happen again. He said he would like to receive quarterly reports on this.
Chairman McLain stated as the County moves forward with the consumptive use permit, the Board needs to receive more information.
Mr. Grace stated he has briefed the Board on this item numerous times over the past two years. He said the world has changed as a result of this permit and the Board will be seeing a number of things coming back with regard to the Land Development Code and rate structures.
Commissioner Henley stated he would like to see this made a matter of urgency.
The Chairman stated he is anxious to hear back from the Planning Department with regard to the codes and water conservation.
Upon inquiry by Commissioner Van Der Weide, Mr. Adolphe advised they have trained 20 of their crewmembers to deal with water usage conservation and fines.
The Chairman suggested scheduling a workshop on this subject so that the Commissioners can receive a full briefing.
Commissioner Van Der Weide requested staff update the table on page 2 of the agreement by including the years 2001 and 2002.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following:
16. BCR #03-33 – $24,900 – Public Safety – Fire Protection – Fund: 11200 – Fire Protection Fund. The Tax Collector’s commission payment for the Fire Fund is based on taxes collected. Additional funds are needed due to an increase in the millage for the Fire Fund. This action transfers funds from Reserves to the appropriate account line.
17. BCR #03-35 – $120,000 – Public Works – Stormwater – Fund: 13000 – Stormwater Fund. The selected construction bid for the Northwestern Avenue Stormwater Project exceeds the budgeted amount by $120,000. Funding is available from the 434 Sediment Basin Stormwater Project. Both of these projects are funded by the St. Johns River Water Management District, which has approved this transfer.
18. BCR #03-36 – $1,146,706 – Public Works – Engineering – Fund: 11500 – Sales Tax 1991/12605 – South Central Impact Fee. Previous estimates for post design services, construction and land acquisition for the Dodd Road project have been updated. The right-of-way associated with this project increased by $962,689 and the construction bid award and post design services increased slightly by $184,017. There is a companion item on the Purchasing agenda.
19. BCR #03-37 – $255,194 – Public Works – Engineering – Fund: 11500 – Sales Tax 1991/12605 – Arterial Impact Fee. The final change orders for closeout of the CR 46A/Phase II construction project have been submitted for processing through the Purchasing Division and a budget adjustment is needed to cover final quantity adjustments pursuant to terms of the contract ($49,194). In addition, a funding increase of $106,000 is proposed to address a remaining gap in the existing sidewalk on the south side of CR 46A, along with an increase of approximately $100,000 for potential right-of-way issues related to the road widening project.
20. Adopt appropriate Budget Amendment Resolution #2003-R-64, as shown on page _______, in the amount of $80,000 – Environmental Services: 40201 – Electronic Recycling and Collection Grant. Electronics Recycling and Collection Grant received in the amount of $80,000. BAR requested to realize revenue and establish budget line. Capital items purchased with grant funds require a 50% match with County funds. This BAR recognizes the matching funds by indicating revenues from Reserves and reflects acceptance of the grant on the Environmental Services agenda.
21. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for Joseph Michael Watson for the Chula Vista Road Paving and Drainage Municipal Services Benefits Unit.
22. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for Mark P. and BobbiJo M. Sullivan for the Black Hammock Phase II Water Distribution System Municipal Services Benefits Unit.
23. Award CC-1196-02/BJC Contract, as shown on page _______, Dodd Road Construction Project (Howell Branch Road to Red Bug Lake Road), to The Middlesex Corporation, Littleton, MA ($9,187,949.10).
24. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1180-02/BJC – Five Points Water Main Loop with Masci Corp., Harbor Oaks.
25. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for CC-1185-02/BJC – Kewannee Park Restroom and Boardwalk with Core Construction Group, Inc., Orlando.
26. Approve Second Renewal for RFP-468B-99/GG – Snack Vending Services Agreement with Lance Inc., Charlotte, N.C. (April 18, 2003 through April 17, 2004) and approve a 5 cent increase in vending machine snack prices. (17% commissions received from sales).
27. Award BD-288-03/BJC Contract, as shown on page _______, Windscreen Protection for Lawton Chiles Middle School in Oviedo, to Home Systems, Inc. dba Roll-a-Way of Central Florida, Orlando ($77,578.00).
28. Approve Amendment #1, as shown on page _______, to M-342-02/BJC – Miscellaneous Improvements for Water Treatment Plants and Wastewater Treatment Plants – Phase II, with Wharton-Smith, Lake Monroe ($95,000.00).
29. Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page _______, for Rhonda R. Rischer for a household assisted under the SHIP Program’s Home Ownership Assistance Program.
30. Approve and authorize Chairman to execute two Satisfactions of Second Mortgages – Early Release, as shown on page _______, for households assisted under the SHIP Program’s Home Ownership Assistance Program, Olutoyin Adetayo Adefala and Noemi G. Ayala.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated February 18 and 25, 2003; and Payroll Approval List, as shown on page _______, dated February 13, 2003.
2. Chairman to execute the following Satisfactions of Judgment for Court Costs:
Richard W. Palmer, Jr., #99-3724-MMA - $193 Court Costs and Application of Indigency Fee
Pamela Ann Martin, #02-1491-CFA - $293
Alexis Daniel Rodriguez, #99-2606-CFA - $40 Affidavit of Indigency Fee
Kendall Kennon, #02-5705-MMA - $198 Affidavit of Indigency Fee, Fine, and Court Costs
3. Chairman to execute Satisfaction of Judgment for Public Defender Lien for Daniel Edwards, #98-4031-CFA in the amount of $273.33.
4. Chairman to execute Satisfaction of Judgment for Incarceration Lien for William Kinnaird, #98-9706-MMA in the amount of $1,500.
5. Official Minutes dated February 11, 2003.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received & filed”:
1. Satisfaction of Connection Fees, as shown on page _______, for SouthTrust Bank-Oviedo Crossings and Shurgard Storage.
2. Assignments of Utility Agreements, as shown on page _______, for water and sewer service between 1000 Business Center Drive Development Co. and Colonial Realty Limited Partnership; 400 International Parkway Development Co. and Colonial Realty Limited Partnership; HIBC 500 LLC and Colonial Realty Limited Partnership; HIBC 701 LLC and Colonial Realty Limited Partnership; HIBC 801 LLC and Colonial Realty Limited Partnership; HIBC 901 LLC and Colonial Realty Limited Partnership.
3. Conditional Utility Agreements, as shown on page _______, for water and sewer service with L.A.M. Development Co., and with Colonial Reality, Limited Partnership for the projects known as Colonial Town Park Ph. 2, Bldg. B2, Bldg. B3, Bldg. C1, and Bldg. C4.
4. Letter and Bill of Sale, as shown on page _______, accepting water and sewer for the project known as Neighborhood Market - UCF site.
5. Letter and Bill of Sale, as shown on page _______, accepting water and sewer for the project known as Woodsong Subdivision.
6. Letter to the Clerk of the Value Adjustment Board from Deloitte & Touche advising of separation of the businesses, Deloitte & Touche USA LLP and Deloitte Consulting L.P.
7. First Amendment to Agreement M-304-02, as shown on page ________, EMI Consulting Specialties, Inc.
8. Work Order #1 to RFP-4173-02, as shown on page _______, American Acquisition Title, Inc.
9. Work Order #9 to PS-594-01, as shown on page ________, Waste Energy Technology LLC.
10. Change Order #8 to FC-1123-00, as shown on page ________, Wharton-Smith, Inc.
11. First Amendment to Work Order #22 to PS-590-01, as shown on page ________, Professional Engineering Engineers, Inc.
12. Purchase Agreement, as shown on page _______, for Lake Emma Road Project, Technology Park at Lake Mary Owner’s Association, Inc.
13. Maintenance Bonds, as shown on page _______, for water and sewer for Neighborhood Market - UCF site in the amount of $10,605.05; Woodsong in the amount of $11,937.55; and Chase Townhomes Ph. 2 in the amount of $9,257.17.
14. Groundwater Monitoring Services Agreement, as shown on page ________, M-356-03, with Universal Engineering Sciences.
15. Work Order #54 to FC-1139-00, as shown on page ________, JCB Construction, Inc.
16. Work Order #1 to PS-5130-02, as shown on page _________, Geotechnical Professional Associates, Inc.
17. First Amendment to Agreement M-328-02, as shown on page ________, PBS&J.
18. First Amendment to Agreement M-329-02, as shown on page ________, PBS&J.
19. First Amendment to Agreement M-313-02, as shown on page ________, PBS&J.
20. First Amendment to Agreement M-315-02, as shown on page ________, PBS&J.
21. First Amendments to Work Orders #2 and #3, as shown on page ________, to PS-561-00, PBS&J.
22. Work Order #3, as shown on page _______, to PS-5124-02, PBS&J.
23. Letter to Maryanne Morse from Helena Randel transmitting the Annual Financial Report for FY ended Sept. 30, 2002 and Audited Financial Statements for the Dovera Community Development District.
24. Work Order #4, as shown on page _______, to PS-536-99, Dyer, Riddle, Mills & Precourt.
25. Agreement M-351-02, as shown on page _______, with the University of Florida.
26. Work Order #1, as shown on page _______, to PS-5129-02, Southeastern Surveying & Mapping, Inc.
27. Work Order #8, as shown on page _______, to PS-585-01, Bentley Architects & Engineers, Inc.
28. First Amendment to Work Order #32, as shown on page _______, to FC-1139-00, C. A. Meyer Paving & Construction Co.
29. Memorandum of Understanding, as shown on page _______, US 17-92 Community Redevelopment Agency and the Florida Department of Agriculture and Consumer Services for the Public Farmers’ Market and Associated Site Improvements.
30. First Amendment, as shown on page _______, to Agreement M-336-02, Tower Systems South, Inc.
31. Change Order #8, as shown on page _______, to FC-1169-02, Pooley Enterprises, Inc.
32. Change Orders #12, #13, and #14, as shown on page ________, to FC-1135-00, Southland Construction, Inc.
33. Development Order, as shown on page _______, dated January 27, 2003 for Harding Guest Cottage.
34. Development Order, as shown on page _______, dated January 28, 2003, for G. Kent and Peggy M. Keech.
35. Copy of Memorandum to the BCC from County Manager Kevin Grace advising of Capital Project Fund Transfer in the amount of $40,716 for the Palm Springs Road Project.
36. Bids as follows: PS-5136-03, CC-1198-02, and #288-03.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize scheduling and advertising a public hearing to consider an Amendment to the Alcohol Beverage Ordinance.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board, thereupon, recessed at 10:43 a.m., reconvening at 10:58 a.m.
The Chairman advised that Item #41, Economic Incentives for Olympian Homes Services (Florida Solar) has been withdrawn from the agenda, at the request of the business owner.
Planning & Development Director, Don Fisher, addressed the Board to advise the proposed ordinance allows cut-outs on outdoor advertising signs and also allows the BCC to enter into agreements for removal and replacement of outdoor advertising signs. He expressed his appreciation to Lou Musica with Clear Channel Outdoor for his time in assisting staff with the development of the regulations. He advised the proposal is to allow a 10% increase of cut-outs to go out or above the sign. He reviewed the proposal by Clear Channel for removing 3 non-conforming billboards with a total of six faces in exchange for the placement of 1 new billboard with 2 faces on I-4 near SR 46.
Commissioner Morris thanked Mr. Musica for working with the County.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize staff to advertise an Ordinance amending Billboard Regulations relative to cut-outs and provisions for agreements permitting reconstruction or relocation of billboards.
Districts 1, 2, 3, 4 and 5 voted AYE.
After a brief discussion, the Board decided to schedule the first hearing for April 8, 2003, due to Commissioners attending the FAC Legislative Day in Tallahassee on March 27, 2003.
Commissioner Morris stated that with regard to Mr. Musica’s request, he would like to get input from individual Commissioners so he has asked him, over the next couple of weeks, to do an onsite survey for a better picture. He asked the Board for consensus to move forward on Clear Channel’s request, but not to make a final decision at this time. The Board voiced no objections to same.
The Chairman advised that the applicants for Items #43, Plan Amendment and Rezone for Carmen & Fred Edward/James H. Fant, and #47, Large Scale Plan Amendment for Esterson/Schumacher have requested continuances.
The Board voiced no objections to having staff contact interested parties advising them that the Board is planning on continuing those items at tonight’s meeting.
Chairman McLain advised he will be attending the FAC Legislative Day on March 26 and the Chamber’s Legislative Day on March 27 in Tallahassee.
Motion by Commissioner Maloy to appoint John Dwyer to the Mechanical Contractors Board.
The Chairman surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.
The motion, duly seconded, was then voted upon and carried unanimously with Districts 1, 2, 3, 4 and 5 voting AYE.
The gavel was returned to the Chairman.
Commissioner Morris requested staff take a look at the depression in Longwood/Lake Mary Road just north of Lake Mary High School on the west side. He said it might need immediate repair.
Commissioner Van Der Weide advised of indentations in the lanes of Montgomery Road since it has been widened.
Mr. Grace stated he will have the County Engineer look at it and find out what is happening.
Commissioner Henley advised that LYNX sent out letters of termination to about 40 employees and did agree to give them a two-week severance. He added that they have the option of signing on with the new contractor.
Upon inquiry by Commissioner Morris, Attorney McMillan advised he will be bringing back the tow truck legislation the first meeting in April.
Commissioner Van Der Weide stated he would like to be briefed privately on this matter.
Chairman McLain stated it was reported to him that at a meeting of the Orlando International Airport Authority where some of the people who have businesses at the Orlando/Sanford Airport were preparing to bid on an RFP, that OIA staff made comments that they were going to do everything they could to take business away from the Orlando/Sanford Airport. He said he feels sure Commissioner Van Der Weide, as liaison, will be dealing with this. However, he believes it is important that the Board send a message of support for the airport and if people are looking for regionalism, they do not do things like this.
Commissioner Van Der Weide stated these types of things do not speak of regionalism.
The following Communications and/or Reports were received and filed:
1. Facsimile dated 2/21/03 to BCC from Carol Woodall re: support of the Celery Avenue proposed amendment to the Seminole County Comp Plan.
2. Letter dated 2/19/03 (with attachment) to Chairman McLain from Sonny Timmerman, DCA, re: Seminole County Comp Plan amendment adopted by Ordinance #2002-55; DCA #02-2. (cc: BCC, County Managers, Planning & Development Director, Planning Manager)
3. E-mail dated 2/24/03 to BCC from Jackie Napolitano re: assistance received from Tom Helle and Steve Koschantz, Building & Fire Division.
4. E-mail dated 2/20/03 to Larry Goldman, Building Official, from Charles Joseph, WELBRO, re: assistance received from Jorja Marrs, Building & Fire Division.
5. Memorandum dated 2/24/03 to BCC from County Manager Grace re: Capital Project Fund transfer for $40,716-Palm Springs Road project.
6. Copies of letters dated 2/20/03 from Ken Roberts, Public Safety Director, re: appreciation of donations to Animal Services Division to Randy Willis, Sandy Demshock, and Barbara Lewis.
7. Parks & Recreation Contracts for Services, as shown on page _______, for the following: Paul Serrano (Slow-pitch Softball Scorekeeper); Thomas Publick (Slow-pitch Softball Umpire); Stanley J. Leddon (Slow-pitch Softball Scorekeeper); Scott Lohman (Slow-pitch Softball Umpire); Roy Smith (Slow-pitch Softball Umpire); and Javier Pacheco (Slow-pitch Softball Scorekeeper).
8. Copy of letter dated 2/25/03 to Harold W. Barley, MetroPlan Orlando, from Stephen P. Lee, Deputy County Attorney, re: Representative Johnson’s legislative proposal.
9. Letter dated 2/21/03 to Chairman McLain from Linda Radun re: support of a Paw Park at Jetta Point.
10. Letter dated 2/13/03 to Chairman McLain from John A. Delaney, Jacksonville Mayor, re: Seminole County appointment to the St. Johns River Restoration Working Group.
11. E-mail dated 2/24/03 to BCC from Diane Ferraro re: support of a Paw Park at Jetta Point.
12. Letter dated 2/24/03 (with attachment) to Chairman McLain from Dr. Jennifer Bencie Fairburn, Seminole County Health Director, re: Quarterly Report-First Quarter 2002/03.
13. Form letters re: opposition to a light rail system through the Dolores Dr. area in Altamonte Springs from Roxann Aylies and Mack & Margie Morrison.
14. Facsimile dated 2/25/03 to Commissioner Henley from Frank Martz, City of Altamonte Springs, re: Central Florida Light Rail Transit System project within Altamonte Springs/Dolores Dr. area. (cc: BCC, County Managers, Planning & Development Director, Alice Gilmartin)
15. Letter received 2/26/03 to Chairman McLain from T. Jamison re: Tourist Development Council appointments. (cc: County Manager [S.S.], Tourism Office)
16. Letter dated 2/24/03 to Chairman McLain from E. Ann McGee, Seminole Community College President, re: support of funding for community colleges.
17. Copy of memorandum dated 2/28/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
18. Agenda for 3/5/03 Sanford Community Redevelopment Agency meeting.
19. Letter dated 2/24/03 to Chairman McLain from D. Ray Eubanks, DCA, re: Seminole County Small Scale Development Plan Amendment adopted by Ordinance #2003-4. (cc: County Manager, Planning & Development Director, Planning Manager)
20. Letter dated 2/24/03 to Chairman McLain from Bob Poe, Emergency Communications Network, re: Seminole County Emergency Management system. (cc: BCC, County Manager)
21. Letter dated 2/27/03 to BCC from Linda Batman, Seminole County Historical Commission, re: proposed elimination of the Florida State Library-Gray Building, Tallahassee. (cc: County Manager, Library & Leisure Services Director)
22. Facsimile dated 2/21/03 to BCC from Ellen Sloan Purcell re: support of the Celery Avenue proposed amendment to Seminole County Comp Plan.
23. E-mail dated 2/24/03 to BCC from Jeffrey G. Van Treese re: opposition to proposed land use change for CR 419/Snow Hill Rd. area.
24. E-mail dated 2/28/03 to BCC from James J. Riola re: opposition to proposed land use change in Stonehurst.
25. Copy of letter dated 2/25/03 (with attachment) to State Representative David Mealor and other members of the County Legislative Delegation re: Seminole County legislative issues discussed with BCC and staff at 1st Annual Seminole County Legislative Day in Tallahassee.
26. Memorandum dated 3/3/03 to BCC from County Manager Grace re: Capital Project Fund transfer $155,000 (Tele/WAN Development).
27. E-mail dated 3/4/03 to Commissioner Morris from Lois DeCiryan re: Lake Jesup Woods.
28. Parks & Recreation Contracts for Services, as shown on page _______, for the following: Lea J. Katz (Slow-pitch Softball Scorekeeper); Lisa Cilfone (Slow-pitch Softball Scorekeeper); Carlos Olivares (Tennis Tournament Referee/Umpire); George Raymond Parker (Tennis Tournament Referee/Umpire); and Amy Sigmon (Slow-pitch Softball Scorekeeper and Field Supervisor).
29. Letter dated 2/28/03 (with attachment) to BCC from John P. Saboor and Doug Barclay, Central Florida Sports Commission re: February monthly update.
30. E-mail dated 3/3/03 to Chairman McLain from Roy Miller re: Champions for Children Electronic Network (CCEN).
31. Copy of letter dated 2/4/03 to State Senator Lee Constantine from Chairman McLain re: possible proposal to combine LYNX and MetroPlan Orlando together into an organization to be known as CFAST.
32. Copy of letter dated 3/5/03 to State Representative David Simmons, Chairman of Seminole County Legislative Delegation, (and to all members of Seminole County Legislative Delegation) re: SB 1720 and HB 773 regarding reorganization of the LYNX governing board.
33. Memorandum dated 2/27/03 (with attachment) to BCC from Stephen P. Lee, Deputy County Attorney, re: FL Assoc. of Counties (FAC) details of effects of Governor Bush’s proposed budget shifts from State to the Counties.
34. Memorandum dated 3/4/03 (with attachment) to BCC from Robert A. McMillan, County Attorney, re: February 2003 Litigation Report.
35. Memorandum dated 3/4/03 to BCC from Cindy Hall, Fiscal Services Director, re: announcement of Ms. Lee Bailey as new Grants Administrator.
36. E-mail dated 3/10/03 to BCC from Larry Piefer re: Cameron-Thrasher property and hunting rights.
37. E-mail dated 3/7/03 to Sheriff Donald F. Eslinger from Stephen Yemm re: Sheriff’s Office employment policies complaint.
38. Copy of memorandum dated 3/7/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
39. Notice of March 20, 2003 Tri-County League of Cities meeting.
40. Letter dated 3/3/03 to Chairman McLain from Dianne L. Kramer, Seminole County Public Schools, re: appointment of temporary representatives to the Seminole County LPA/P&Z. (cc: BCC, County Manager, Planning Manager)
41. Memorandum dated 3/4/03 (with attachment) to Chairman McLain from Sheriff Donald F. Eslinger re: response to letter dated 2/24/03 from Bob Poe, Emergency Communications Network. (cc: BCC, County Managers, Purchasing Manager)
42. E-mails to BCC (various dates) regarding opposition to rezone request in area of Tuskawilla Rd./Lake Howell Rd. from the following: Margaret Cole; Anita & Russ Van Allen; Allison Taylor; Ana R. Guzman; Veronika & Michael Miller; Michelle Hartog; Carrie Manthe; Denise R. McKinley; Jackie A. Lichtenstein; Annette Lampel; and Michael Trier.
43. Notice of 3/19/03 City of Lake Mary comp plan change public hearing re: property at US 17-92/Weldon Blvd. and Lake Rd./Seminole Community College. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
44. Notice of 3/20/03 City of Lake Mary future land use change public hearing re: property at Lake Mary Blvd./Rinehart Rd. and Sun Dr./Rinehart Rd. (cc: County Manager, Planning & Development Director, Planning Manager)
45. Letter dated 3/6/03 (with attachment) to BCC from Diane Pickett Culpepper, Time Warner Cable, re: announcement of change of name from Time Warner Cable Central FL Division to Bright House Networks.
Mr. Grace requested the Board reschedule the four appeal hearings set for March 25 because of the Commissioners’ trip to Tallahassee.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize rescheduling the four appeal hearings set for March 25, 2003 to April 8, 2003.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board, thereupon, recessed at 11:15 a.m., reconvening at 7:02 p.m., this same date, with all Commissioners (with Commissioner Morris entering late) and all other Officials (with Deputy County Manager Sally Sherman replacing County Manager Kevin Grace), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize filing of the proofs of publication for this meeting's scheduled public hearings.
Districts 1, 3, 4 and 5 voted AYE.
Continuation of a public hearing to consider Comprehensive Plan Amendment from Suburban Estates to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property described as 25.05 acres located on the west side of Banana Lake Road, approximately 3,400 ft. south of CR 46A, Carmen and Fred Edwards, owners/James Fant, applicant, as described in the proof of publication, as shown on page ________.
Chairman McLain advised that the applicant has requested a continuance for this item.
No one spoke in support or in opposition of the continuance.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to continue to April 8, 2003, at 7:00 p.m., or as soon thereafter as possible, request for Comprehensive Plan Amendment from Suburban Estates to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property described as 25.05 acres located on the west side of Banana Lake Road, approximately 3,400 ft. south of CR 46A, as described in the proof of publication, Carmen and Fred Edwards, owners/James Fant, applicant.
Districts 1, 3, 4 and 5 voted AYE.
LARGE SCALE AMENDMENT/Esterson/Schumacher
Continuation of a public hearing to consider Large Scale Amendment from Suburban Estates to Low Density Residential Land Use; property described as two tracts of land, one located north of Myrtle Street approximately 1,200 ft. east of Nolan Road and the second located south of Myrtle Street and west of Nolan Road, as described in the proof of publication, as shown on page __________, Esterson/Schumacher.
Chairman McLain advised the Board has received a request to continue this item for the fall cycle.
No one spoke in support or in opposition of the continuance.
Speaker Request Form and Written Comment Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to continue to the Fall Cycle request for a Large Scale Amendment from Suburban Estates to Low Density Residential Land Use; property described as two tracts of land, one located north of Myrtle Street approximately 1,200 ft. east of Nolan Road and the second located south of Myrtle Street and west of Nolan Road, as described in the proof of publication, Esterson/Schumacher.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris entered the meeting at this time.
PACIFIC ATLANTIC SMALL SCALE LAND USE AMENDMENT/Cruzada
Proof of publication, as shown on page _______, calling for a public hearing to consider Pacific Atlantic Small Scale Land Use Amendment from Low Density Residential to Office; property described as .27 acres located on the east side of Tuskawilla Road, 650 ft. north of Dike Road, Cayetano and Cristeta Cruzada, received and filed.
Jeff Hopper, Planning, addressed the Board to state the applicants have established an Office use in an existing single family home. He stated office uses are not permitted in a Low Density Residential (LDR) area. To correct this problem, the applicants are requesting an Office designation to accommodate their use of the site. They have submitted an application for Residential Professional zoning, but the zoning issue will not be heard tonight as it will be heard at a future date. Site design issues, such as parking, landscape and drainage will be addressed at that time. The request tonight involves permitted land use under the County’s Vision 2020 Plan, which is Low Density Residential (LDR). Allowable uses under LDR are limited to Single Family Residential uses up to 4 homes per acre. Existing A-1 zoning allows agricultural uses in a variety of non-residential uses by special exception, such as kennels and day care facilities. Historically, commercial zoning has been limited to properties north of Howell Creek but some moderate intensity uses have been allowed south of Howell Creek. The area between Dike Road and Howell Creek include two churches and an animal hospital. He said a 48-unit townhouse development has been approved on the west side of Tuskawilla, across from the applicant’s property. The Vision 2020 Plan considers Office development to be compatible with LDR as long as there are appropriate site design features to ensure compatibility. Staff recommends approval of the request to adopt an ordinance. Letters, e-mails and copies of petitions from residents supporting and opposing the request were received and filed.
Christopher Cruzada, 4559 Kawilla Crest Place, addressed the Board to state he is here representing Pacific Land Mortgage. He stated he and the property owners have lived in this area for approximately 23 years and they have seen it grow from a rural agriculture area to a suburban community. The property has an existing house that was built in 1989 and the footprint of the house has not changed with the exception of a pool and screen enclosure being built in 1979. He displayed and reviewed a PowerPoint presentation of the zoning regulations. He stated he feels that any of the professional services will be a positive addition to the community. He continued by reviewing the facts of the property and the property owners who surround the property in question. He stated one of the negative points about this property is the noise pollution from the road. He said the applicants have tried to rent or lease to families and they have had problems due to the noise pollution from the road and the Learning Center. He displayed and reviewed pictures of Tuscawilla Learning Center located to the south and Mr. King’s property located to the north. He added his concern is whether or not they are getting the highest and best use of the property, are they making this compatible with the area, and are they trying to preserve the character of the community in the current status of the future land use. He reviewed the comparable properties in the area (Tuskawilla Oaks Animal Hospital, State Farm Insurance, the Think N Play Day Care, the Medical Professional Office and Tuskawilla Animal Hospital on Red Bug Road. He said he has no objections to staff recommendations. He added if the land use amendment is approved for this property, it would be better maintained and it will add value to the property as well as increasing the property taxes associated with that value. Additional revenues will be raised in the form of personal property taxes, licenses and permits related to businesses.
Upon inquiry by Commissioner Henley, Mr. Cruzada advised he is planning to keep the footprint of the building as it is, but they will try to modify everything around the building. He stated to date he has not discussed the parking requirements with the Planning Division.
Upon inquiry by Commissioner Maloy, Mr. Cruzada advised he is aware of the parking problems and he will meet those requirements.
Cayetano Cruzada, 4559 Kawilla Crest Place, addressed the Board to submit a Petition, as shown on page ________, from residents of Kings Cove and Kawilla Crest Subdivisions supporting the request. He stated he tried to develop Kawilla Crest Subdivision in 1987 into one-acre lots, but because of economic and financial reasons he was forced to develop it into 1/3 of an acre to one-acre lots. He said he has kept the property value in that area and the residents can see that by looking at Kawilla Crest now.
Ofelia Dela Cerna, 4627 Tiffany Woods Circle, addressed the Board to state she is representing Tiffany Woods Homeowners Association and she would like to submit a Petition, as shown on page ________, from residents of Tiffany Woods supporting the request.
Charles Mayhue, 1773 Willa Circle, addressed the Board to submit a Petition, as shown on page ________, from residents of Willa Grove Subdivision, requesting the County to rezone the area for small office use.
George Acha, 587 Dunmar Circle, addressed the Board to state his children go to Tuscawilla Learning Center and have done so ever since pre-school. This is not a traditional office complex, but it is an office that is rented by the hour. The parking in this area will only hold about two or three cars and not five or six cars that normally park there during the day. This is a school zone and the children walk down this area to get to school. He stated he, as a homeowner in the area, is opposed to the request.
Upon inquiry by Commissioner Maloy, Mr. Acha advised he is not aware that the property owner of the school is requesting that his property be included as Office use.
Mike Barr, 1003 Leeds Court, addressed the Board to state he has a 20-year background in real estate and he doesn’t see how a curb cut can be placed there that would make sense for traffic congestion. He stated the traffic congestion is difficult to get through whenever you drop your child off at Tuscawilla School. He added a curb cut 10 ft. away and with the traffic volume an office will create is going to further exasperate the problem. The property is in violation of the County’s current code.
Kyra Hartog, 1528 Hunters Mill Place, addressed the Board to state she is a student at the School of Tuscawilla Learning Center and when she walked home school on Friday, a lot of cars were blocking the sidewalks and pulling in and out. The children who ride their bikes or walk home had to walk on the road or very close to it. She stated she believes this presents a danger to the children who attend the schools in that area. She said she is opposed to this request because it will bring more cars and someone could get hurt.
Michelle Hartog, 1528 Hunters Mill Place, addressed the Board to state she lives within 300 yards of this property and her concern is that they are continuing to have problems with rezoning land that is Low Density Residential. She said she purchased her property due to the land use that was around that area. She stated she has businesses in that area and she was required to change the zoning. She doesn’t know why the County is allowing businesses to operate without proper zoning. She added she is opposed to the request and she feels Howell Creek should be preserved as a natural boundary and keep this as Low Density Residential.
At the request of Commissioner Henley, Ms. Hartog indicated on the aerial map where her home is located.
Nadene Jackson, 1164 Cardinal Creek Place, addressed the Board to state she lives on the east side. She stated Cardinal Creek would be an island if Office use goes in.
Upon inquiry by Commissioner Van Der Weide, Mr. Hopper advised he believes the special exception for a monastery school has been there since 1984.
Shamaron Batchelor, 200 Torcaso Ct., addressed the Board to state she is 10 years old and she is against the rezone. She pointed out two safety issues. One is that cars park on the sidewalk and the children have to walk behind the cars into the road to get by, and in order to get to the business, you will have to turn into the school and cars pull out as well and that could cause an accident. The last issue is businesses have more cars than a home and that ties to safety.
Marty Phillips, 195 Langford Drive, addressed the Board to state he is a teacher at Tuscawilla Monastery and his greatest concern is if this is approved, more traffic will be added to the road. He stated he doesn’t understand why the County would want to add to a traffic problem that is already there.
Thomas Phillips, 319 Maple Ct., addressed the Board to state he represents Tuscawilla Learning Center. He stated he indicated to staff that if the County changes everything around him, then maybe they should do it with him because he can make more money. He said the Planning & Zoning Commission (P&Z) voted against this. He displayed photographs (received and filed) showing cars parked around the building of the proposed request. He stated the Code states that special uses should not be accepted for property that is going to require variances in order to fulfill that particular change of land use. This property was purchased in 1990 after there was a decision to widen Tuskawilla Road. Stonehurst tried to purchase this property, but the owners wanted too much money for it. He said the business is legal but they are not supposed to be there. He submitted a Petition, as shown on page ________, from residents opposing rezoning around Tuscawilla Learning Center.
Commissioner Henley asked for clarification on the Code violation.
Commissioner Maloy stated he has a big creditability problem with Mr. Phillips as he indicated a month ago that he is opposed to Office land use as he would like to purchase that property and it would cost too much if it were an Office use. Mr. Phillips indicated that if this were approved, the County would be taking money out of his pocket.
Mr. Phillips stated he has made offers for some of the property and he was told that no one would change the land use.
Raymond Saunder, 4141 Gabriella Lane, addressed the Board to state he feels the land use change to Office will improve the whole area and it would be good for Tuskawilla Road. He stated he previously submitted a Petition from the residents on Gabriella Lane and Misty Way supporting the request.
George Yeh, 4508 Old Carriage Trail, addressed the Board to submit a sheet (received and filed) of smiley faces and one face frowning and he asked the Board to look very carefully as to whether or not there is compatibility here. He also submitted another sheet (received and filed) indicating that anyone with common sense must have concluded that the requested rezoning is 100% incompatible with the present LDR zoning. He stated any staff that has concluded that the request was compatible with the existing zoning would receive a grade of “F” in his course. He said he implores the Board to reject this application based on their common sense.
Patrick Begley, 4528 Old Carriage Trail, addressed the Board to display and review an aerial map (received and filed) indicating where the residential areas are located and the applicant’s property. He stated he researched the Internet and discovered that Mr. Cruzada lives at this location as well as four businesses. The website page was received and filed. He said he was able to contact the previous renter and they indicated that they were asked to leave. He displayed and reviewed copies of photographs of vehicles parking in front and on the side of the building as well as photographs of properties to the left and right of the proposed request. All copies of photographs were received and filed. He added the proposed request is something that does not belong there.
Mark Crone, 1050 S. Lake Sakelia Dr., addressed the Board to state he represents Stonehurst Development Corp. and he is opposed to the request. He stated the lot area is so small and as a developer, he believes it is impractical to take proper stormwater and parking options. If a developer cannot make something work, they will have to go back to the drawing board to do something else rather than jam something in that doesn’t fit. The ingress and egress is impractical. He displayed and reviewed a sheet (not received and filed) showing each individual lot numbers of the area. He stated he would like to see this property change from an overgrown weeded state, but he does not believe rewarding the property owner for asking prices that are not compatible with the existing Comp Plan is the appropriate way to get this developed.
Upon inquiry by Commissioner Maloy, Mr. Crone advised he has purchased property to capture and redirect water coming from this site.
Michael Trier, 704 Windwillow Circle, addressed the Board to state the school does create a lot of traffic and to rezone these properties to create more traffic doesn’t help the safety situation for the children. He stated his wife was almost run over due to someone not paying attention. He pointed out that the landowner failed to keep this residential property rented and now they want to change the zoning to make it commercial so they can recoup some of their losses.
Virginia Slade, 4141 Gabriella Lane, addressed the Board to state the whole area is going to be going for professional office use and she approves of the request. She stated Mr. Cruzada indicated that he will comply with the parking requirements. She added she feels this request is in character with the existing businesses down the road.
Cristeta Cruzada, 4559 Kawilla Crest, addressed the Board to review how her family settled in Florida, the development that occurred in the area and why they are changing the land use.
A Petition, as shown on page __________, from residents asking everyone to help save their school and neighborhood was submitted into the Record.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Written Comment Forms from the following opposing the request were received and filed: Richard Haines; Sandra Haines; Michelle Hartog; Margaret Cole; and Anita Van Allen.
Commissioner Morris stated he understands that this is a residential property that has a business going on there and he would like to know if that is a violation of the current code.
Mr. Hopper stated the Code Enforcement staff is aware of the violation and they are waiting for the competition of the land use and zoning request to take further action.
Commissioner Morris stated he would like to know why this wasn’t included in the staff report.
Upon inquiry by Commissioner Morris, Matt West, Planning Manager, addressed the Board to state the Cruzada’s have been cited and their hearing can be scheduled at the next available Code Enforcement Board meeting. The Code Enforcement staff just recently started the processing and it is in the process.
Commissioner Henley stated if this Board acts favorably on this request, the applicant must come back for a site plan review. If the applicant cannot solve the problem, they will not be able to go forward. The Code Enforcement shouldn’t allow this to continue illegally until this process is completed.
Mr. West stated the violator is eligible to come into compliance in 60 to 90 days.
Chairman McLain stated the Code Enforcement Board does give people an opportunity to remedy. If this is approved, the applicant would have to remedy any parking issues when it comes to zoning. If not, they will have to terminate the operation or be under code enforcement action.
District Commissioner Maloy stated he understands the concerns the residents have relative to the parking and he believes something needs to be rectified. In looking at this parcel, the criteria have changed and the area has changed a lot. In looking at the parcel, with the proximity to a 6-lane road, a 45 mph speed limit and the noise due to the business activities next door, he doesn’t know why anyone would want to purchase that property to raise their family. He stated office is not out of the ordinary especially if it is limited to one-story with the proper codes applied.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to enact Ordinance #2003-12, as shown on page _________, approving Small Scale Land Use Amendment from Low Density Residential to Office; property described as .27 acres located on the east side of Tuskawilla Road, 650 ft. north of Dike Road, as described in the proof of publication, Cayetano and Cristeta Cruzada, with staff findings.
Under discussion, Commissioner Van Der Weide stated he believes there are valid concerns from the citizens relative to parking. That will have to be dealt with when it comes back for site plan review.
Commissioner Morris stated he will not be voting in favor of this request as the property was justly compensated with full knowledge of the widening of the road. A lot of Tuskawilla Road is predominately residential. He stated compatibility is the issue and precedence is being set for the next application. The property owner has been unable to rent the property because he did not maintain it. The homeowners are going to see a big change in conversion of uses. The property is just too small to support this request.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris voted NAY.
Chairman McLain recessed the meeting at 8:25 p.m., reconvening at 8:35 p.m.
SMALL SCALE LAND USE AMENDMENT/Seminole County
Proof of publication, as shown on page _______, calling for a public hearing to consider Small Scale Land Use Amendment from Low Density Residential to Office; property described as 2.56 acres located at the northeast corner of Tuskawilla and Dike Roads, Seminole County, received and filed.
Jeff Hopper presented the request as outlined in the agenda memorandum. He stated the Board directed staff to prepare a plan amendment report and to schedule public hearings with a proposed change in future land use from Low Density Residential to Office. Due to the lots being small and direct frontage on a six-lane road, it has been suggested that the properties may not be suitable for single-family residential development. The proposed Office land use would permit development of new office buildings or conversion of existing homes to office uses. Should the changes be adopted, issues relating to buffers, limited building heights, architectural controls and limited hours of operation will be addressed at the rezoning stage. Actual development of these sites would require a change in zoning to OP or RP classification and a site plan addressing compatibility must be included. Staff recommends approval of the request.
Chairman McLain called for Ofelia Dela Cerna, Charles Mayhue, and George Acha to speak but they were not in attendance.
Thomas Phillips stated granting these changes will set precedence throughout the County. He stated there are a lot of homes on Red Bug Road that are empty and he doesn’t know why those are not being changed as it is a very heavily traveled road. There will be a lot more water problems in that area when parking lots are put in. He said he has attempted to buy property along that area and the property owners indicated that they can get the zoning changed so they can make more money. He added he feels that the Code Enforcement staff needs to make the residents clean up their property as the lots look like junkyards.
At the request of Commissioner Maloy, Mr. Phillips indicated on the map the location of the property that he owns.
Upon inquiry by Commissioner Van Der Weide, Mr. Phillips advised he has access to Dike Road and he indicated on the map where the access is located.
Marty Phillips stated he would like to reiterate his concern for the safety of the students having to walk down the sidewalk everyday.
George Yeh spoke with regard to the code violation.
Chairman McLain called for Virginia Slade to speak but she was not in attendance.
Mark Crone stated if this is considered, he would like to ask the Board to consider a master plan for this whole area rather than piecemeal it. He also asked the Board to develop requirements for stormwater, parking and ingress and egress, and not allow these properties be developed one at a time.
Chairman McLain called for Mike Barr and Patrick Begley to speak but they were not in attendance.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed. Written Comments Forms from the following opposing the request were received and filed: Margaret Cole; Nadene Jackson; Anita Van Allen; Richard Haines; and Sandra Haines.
District Commissioner Maloy stated the property was not kept up very well and he would like to see some very high quality development around there. He stated he feels the Office land use is the way to get it, especially with staff direction of limiting it to Residential Professional type with one story, appropriate architectural, drainage, parking, and cross access easements. He said he feels that Professional Office would be good for the area.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2003-13, as shown on page _________, approving Small Scale Land Use Amendment from Low Density Residential to Office; property described as 2.56 acres located at the northeast corner of Tuskawilla and Dike Roads, as described in the proof of publication, Seminole County, with staff findings.
Under discussion, Commissioner Morris stated he opposes the motion per his comments previously stated. He stated he would ask the Board if they might consider the property across the street (First Baptist Church of Tuskawilla). It would be interesting to see if the County can come up with a gateway use to define this better in terms of external landscaping or walls. He stated he feels that would give some certain pattern of development instead of a piecemeal development. The Board may want to have staff consider this.
Commissioner Maloy stated he feels that Commissioner Morris made some very good points and there are many areas that have office right next to residential. He stated he foresees some encouraging cross access easements and he feels limiting to one-story is very important for this area.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris voted NAY.
MYRTLE STREET SPECIAL AREA STUDY
Proof of publication, as shown on page _______, calling for a public hearing to consider Myrtle Street Special Area Study – Myrtle Street Concept Phase II, received and filed.
Chairman McLain stated, for the Record, that he owns 10 acres in the Myrtle Street area and those parcels are not in the area that is being discussed this evening. Those properties are excluded from any further consideration.
Tony Walter, Planning, addressed the Board to make a PowerPoint Presentation of the proposed study. He continued by reviewing the background of the special area consisting of three subareas. He also reviewed the basic facts of Subarea One. He stated the Board directed staff to establish a Neighborhood Task Force and they addressed nine issues. He reviewed those issues and displayed a list of those individuals who participated. He reviewed the following alternatives which the committee had to address: Water-Focused Development; Coving; and Conservation Subdivision Design. He continued by reviewing several Conservation Village Technique Features as it relates to open spaces and rural character; pedestrian traffic; trails; traffic calming treatments; and protection of sensitive areas. The issues that need to be considered are: Placing additional traffic along collector streets; requiring coordination between property owners or significant land assembly to be most effective; requiring changes in the Comprehensive Plan and roadway design standards; and creative component is contrary to traditional subdivision engineering. He reviewed the features of the Coving Community Technique relating to setbacks; open space; pedestrian traffic; trails; curvilinear pattern reducing speed and cut-through traffic; unique street patterns; oversized cul-de-sacs; sensitive areas; and retention ponds. Issues to be considered are: character is more “suburban” than rural; coordination between property owners or significant land assembly to be most effective; requiring changes in Comprehensive Plan and roadway design standards; and proposes significant revisions to “collectors” that will alter travel patterns. Copy of the PowerPoint Presentation was received and filed. Myrtle Street Special Area Concept Study Final Report was received and filed.
Mr. Walter informed Commissioner Van Der Weide that the Task Force had concerns relative to who is going to maintain the open space. He stated typically what is done is similar to a conservation easement of a subdivision, and that could be recorded with the deed or turned over to a trust or the County. The homeowner’s dues would pay for the maintenance.
Upon inquiry by Commissioner Maloy, Mr. Walter advised the initial incentive for a developer to do this is saving them 15% to 20% on the development cost. He stated staff would like to look into additional incentives for treating some of the off-site issues.
Chairman McLain stated if the Board decides to move forward with this, they would ask staff to work on this through the summer and when the fall cycle comes, they would move forward with any recommendations. That would be submitted for a Comp Plan change to allow these types of innovative concepts to allow rural areas to remain rural and have open space.
Mr. Walter stated if the Board decides to move forward, staff would like to take some steps of creating a task force of property owners, developers, engineers and other individuals with expertise in the development community. This will be a tool to educate developers. Based on the results, staff can come back with some incentives and submit them to the Board to see how they would like to proceed.
Upon inquiry by Commissioner Henley, Mr. Walter advised the various concepts indicated are net buildable acreage.
Commissioner Morris stated the big issue is everybody likes the Conservation Villages density. He stated he likes the concept of one unit per acre.
Chairman McLain stated in talking with staff, this will work with one unit per net buildable acre and a Comp Plan change would not be necessary. He stated when there is an area that has a lot of need for infrastructure and stormwater improvements, the developer may be willing to assume some of those responsibilities to improve the neighborhood and there would be incentives that can be considered.
Upon inquiry by Commissioner Morris, Chairman McLain advised the Board may want to direct staff to choose Conservation Villages as their preferred design and come up with criteria and potential incentives for the Board to consider if the developer indicates that they will retain stormwater to help reduce flooding.
Commissioner Henley stated basically, if the Board accepts this study, they will be accepting the concept.
Chairman McLain stated they will be accepting the concept with no density calculations and then ask staff to work with the community and come back in the fall cycle with another report of incentives the Board may want to consider. He stated there are areas other than Myrtle Street that have needs for stormwater and want to maintain a rural character and the Conservation Village allows that.
Commissioner Van Der Weide stated this is the way to control the flooding and hopefully there will be someone that will contribute something that will help the neighborhood in general.
Chairman McLain stated Mr. James Craw, John Fauver and Nancy Jasmin have indicated that they would like to allocate their time to Robert Jasmin.
Robert Jasmin, 1153 Myrtle St., addressed the Board to state he would like to commend staff for the work they have done over the last year. He stated after going through the last 5 months with the Phase II concept, there is no doubt that the Conservation Village is the only thing that will work. The debate now is the densities. The experts indicated that this can be done at one unit per acre and it can be done at a profit. He stated there is a lot of potential for road and trails, with land that the public cannot access, and natural lands. He stated the soils there would barely support one-unit per acre and the potential for run-off is too great. He added it would be aesthetically, environmentally and physically irresponsible not to address these other issues. He said he would like to know who is responsible for the stormwater runoff and drainage, the developer or the County. The other issue is where will the alternative funding come from. The County is going to have to find a way to do the funding. How much does the County want the community involved in this? A strong community task force is needed. He stated he believes that if the density is kept low, the infrastructure cost will be lower. He said by having the community, the County and developer sit down for the next six months, they can work out the nuts and bolts of this. He stated he supports the Conservation Village Concept, but he would implore the Board to adopt the P&Z recommendations of keeping it Suburban Estates.
Chairman McLain stated that David Fauver has indicated that he would like to give his time to Mr. Scudder.
Walter Scudder, 4001 S. Sanford Avenue, addressed the Board to speak with regard to the soil type and drainage. He stated as far as density, there has to be provisions for water control and water drainage.
Lois DeCiryan, 1581 Silk Tree Circle, addressed the Board to state she would like to thank the Board for moving forward on this plan. She stated she believes they are on the right track and she is excited about the Conservation Village concept. She reminded the Board that all challenges before them look really huge. She encouraged everyone to hang in there until they can see this thing through.
Dan DeCiryan, 1581 Silk Tree Circle, addressed the Board to state this has been an educational experience for him. He stated he supports the Conservation Village concept, but there are two key things that tie in very closely to this. The crucial issue is to determine what the drainage issues are and what you can do with those issues.
Alex Dickison, 4851 Hester Ave., addressed the Board to state he is speaking for the North Lake Jesup Community, Inc. He stated with the growth and development pressure from the GreeneWay and other factors, he realizes growth will happen in this area. He said the question is how can this area be properly developed. The biggest problem is the area should never have been changed to Suburban Estates, but it should have been developed with large acreage. If Suburban Estates is the only option, the pressure for development would only increase and it will be developed. Having one unit per acre is not a good alternative, it would lead to many, many problems that would cost a great deal to solve. He stated he believes a solution would have to be found for no other reason than for Lake Jesup itself. The lifestyle with this type of development on this marginal land would not be very pleasant. The BCC asked for a Phase I study and a Phase II study and now there is a potential of a Conservation Village concept. This could be a solution for the area. The North Lake Jesup Community, Inc. urges the Board to keep the Suburban Estates designation and asked for this Phase III study. If the County, the owners, the developers and citizens work together, a model development could evolve. He asked the Board to give this sensitive area a chance to become a model for all of Florida and the nation.
Bruce Moncrief, 811 Gatehouse Drive, addressed the Board to state he owns a small piece of the tract in the subject area. He stated he is impressed with the study and he would like to commend the Board for these studies. He said in knowing the area, he saw lots of potential problems and when the developer is finished and moves along, the potential buyers or those who already own the land, will have to deal with those problems. It looks like staff’s recommendations is the type of thing that could be done if anything is going to be done in that area. He encouraged the Board to not allow that area be developed to no more than one unit per acre and to not overpopulate the property per acre.
B. J. Simons, 1550 Myrtle St., addressed the Board to state his property is directly across the street from Lake Jesup Woods. He stated he just wants to say that he opposes anything that is over one unit per acre. He submitted photographs (received and filed) of water standing in and around the area after heavy rains. He said he supports the Conservation Village Technique as long as the density is no more than one house per buildable acre.
Kathleen Clark, 5950 S. Sanford Ave., addressed the Board to state it is nice to see a study has been done; but she still gets the feeling that no matter what the citizens do, the Board does not listen to them as they should. She stated she has fought for density issues for those properties to be developed north of Myrtle. She said the area cannot handle more than one unit per acre. One home per acre is very doable for desirable communities around the area. The properties to the north of these areas are very sensitive and are always wet.
Robert King, 2211 Black Hammock, addressed the Board to state some areas in Black Hammock are swampy and ditches were dug to drain that area. If all the ditches are plugged up, it won’t take long for the area to go back to a swamp. The challenge before them is to learn from their previous mistakes. He stated Autumn Chase, Baker’s Crossing and Rose Hill were designed on the closed basin concept. Nothing in this area can be closed basin because water flows through all the time.
Judy Long, 154 Rose Hill Trail, addressed the Board to state she is one of the residents that has a lot of water problems. She stated she has lost about 10 ft. of her yard because her retention pond was not supposed to move 3 ft. She said she would like to commend the County for their study as she has asked the City of Sanford to do one. She asked the Board to make sure that no more projects be annexed by Sanford. The water from Baker’s Crossing and Magnolia Park is being pumped out onto Pineway and down Palmway and Oak Way.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed. Written Comment Forms from the following were received and filed: Emily Fauver; John Morton; Charles Donaldson; David Fauver; and Bruce Moncrief.
District Commissioner McLain stated he is very familiar with the area and the problems. He said he feels this is an exciting concept to move forward on. There are a lot of areas in the County that the Board can see some opportunities to give the residents the quality of life, to maintain a rural character and to allow the property owners to use their property for residential development. The concept is to have smaller lots with the same density, more open space, and to provide trail opportunities. This area has had a lot of flooding problems before development occurred and development makes it even more critical. He stated he is in support of moving forward with staff’s recommendation to select the Conservation Village concept as the preferred design and to direct them to conduct further financial analysis and implement the Conservation Village concept, and staff is to work with the community and to come back with these ideas.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to select the Conservation Village Concept with staff’s recommendations; direct staff to conduct a further financial analysis and to implement the above concept, subject to staff working with the community and to come back with additional ideas.
Under discussion and upon inquiry by Commissioner Morris, Chairman McLain advised staff could actually make some recommendations that would maintain Suburban Estates and still offer incentives for property owners to solve additional problems in the area. He stated a Comp Plan change is needed to add new policies.
Upon inquiry by Commissioner Morris, Chairman McLain advised he is hoping the County can convince the City of Sanford to adopt this type of concept as well if they annex additional properties. This will also provide property owners an opportunity not to annex and stay in the County with this type of concept.
Chairman McLain recommended a briefing be scheduled between now and October to update them on this issue.
Mr. West stated he met with the City of Sanford Commissioners yesterday and Commissioner Randy Jones made a commitment that they would maintain no more density than one unit per acre if they annex south of Pineway.
Upon inquiry by Chairman McLain, Mr. West advised staff will schedule a briefing sometime in May or June.
Commissioner Maloy stated the one concern he had was the term “community septic fields”. He stated he feels it would be good for the developments to hook to sewer.
Districts 1, 2, 3, 4 and 5 voted AYE.
ORDINANCE AMENDING LAND DEVELOPMENT CODE
Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance amending the Seminole County Land Development Code allowing the Planning and Development Director to approve administrative waivers to lot size and width, under special circumstances, in the RC-1, A-1, A-3, A-5 and A-10 zoning districts, received and filed.
No one spoke in support or in opposition.
Written Comment Form was received and filed.
Chairman McLain announced that the second public hearing is scheduled for 4/8/03.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to continue the public hearing to April 8, 2003, at 7:00 p.m., or as soon thereafter as possible, for consideration of an Ordinance amending the Seminole County Land Development Code allowing the Planning and Development Director to approve administrative waivers to lot size and width, under special circumstances, in the RC-1, A-1, A-3, A-5 and A-10 zoning districts, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:11 p.m., this same date.