Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3) (Late)

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Major Bruce Williams, Salvation Army, gave the Invocation.

County Manager, Gary Kaiser, led the Pledge of Allegiance.

Chairman Henley read for the Record the Resolution commending Gary Kaiser for his years of services to Seminole County.

Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #99-R-39, as shown on page _________, commending Gary E. Kaiser, County Manager, for his twenty-six plus years of service to Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Mr. Kaiser, who addressed the Board to express his appreciation, stating he is grateful for the opportunity to serve and work for the County.

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Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-40, as shown on page ________, proclaiming the month of March as "Purchasing Month".

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to the Purchasing Department.

Purchasing Manager, Kelly Loll, addressed the Board to express her appreciation and to extend an invitation to attend the Purchasing reception today from 12:00 p.m. to 2:00 p.m.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-41, as shown on page ________, in recognition of the Public Health Week April 5 - 11, 1999.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Dr. Jane Polkowski who expressed her appreciation.

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Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #99-R-42, as shown on page ________, in support of the tenth series of Preservation 2000 bonds and the creation of Florida Forever.

Districts 1, 2, 4 and 5 voted AYE.

The Chairman advised that he is in receipt of a letter from Randy Kirkwood, Harling Locklin & Associates, requesting a continuance with regard to Item A1(c), Amendment and Rezoning to PUD, which is scheduled for this evening. Copy of letter from Mr. Kirkwood was received and filed. He stated the citizens have not seen the changes to the plan and the applicant would like an opportunity to present them. He also advised that he received a phone call from the attorney representing the Red Bug Coalition and they are opposed to the continuance as they are not supportive of the amendment or the rezoning.

Commissioner Van Der Weide entered the meeting at this time.

District Commissioner Maloy advised the residents have indicated to him that they want the item heard tonight because the delay of two weeks will not get them and the developer any closer. He added he would have no opposition to hearing the item tonight. Discussion ensued.

Commissioner Morris stated he would support the District Commissioner's recommendation.

The Board, by consensus, agreed to hear this item tonight.

The Chairman requested staff notify the applicant that the item will be heard at tonight's meeting.

Deputy County Attorney, Lonnie Groot, addressed the Board to advise the Legislature seems to be very desirous of cutting the intangible tax. He further advised that the Florida Association of Counties (FAC) is proposing a hold harmless agreement to the tax cut in order to protect County revenues. He stated that according to Director of Fiscal Services, Cindy Hall, the tax cut would affect the County by about $2 million in revenue. He said that the leadership of both the House and Senate have not been receptive to the hold harmless amendment. He questioned if the Board would like to take a position in support of the FAC proposed hold harmless.

Commissioner Morris stated it sounds to him that the leadership is in support of the cut and that it is a "done deal". He suggested letting FAC do what they want to do.

Mr. Groot stated he would like to advise the Seminole County Delegation what the potential impact is on the County.

Chairman Henley stated he believes the Board would be remiss if they did not advise the Delegation. He said the public needs to be aware of the legislative endeavors and the impact its going to have locally.

Motion by Commissioner Morris, seconded by Commissioner McLain to send a letter to the Seminole County Legislative Delegation reflecting the position of the Board with regard to the intangible tax cut and the affect it will have on local government.

Under discussion, the Chairman requested staff to provide information with regard to the retirement action passed by the Legislature and the impact of same on the County. He said he would like that also included in the letter to the Delegation.

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

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Mr. Groot advised the Board of the current status of their priority funding, as follows: (1) Wekiva River Restoration - House/$1 million and Senate/$1.5 million; (2) Cross Seminole Trail - House/$200,000 and Senate/$300,000; (3) U.S. 17-92 Drainage Project - House/$200,000 and Senate/$0; and (4) U.S. 17-92 Flyover - House/$0 and Senate/$0.

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

Property Acquisition

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

City of Sanford Manager, Tony VanDerworp, addressed the Board to review and discuss the Conference Center Subcommittee Report dated March 11, 1999 (copy was received & filed). He advised the Subcommittee recommends that a feasibility study be performed on a building consisting of 300 rooms, 15,000-20,000 square feet of conference rooms, 35,000-50,000 multi-purpose space and a 200 seat amphitheater. He said it is recommended that along with this feasibility study, a parking study be performed and a lease structure developed. The County's share for the services to review the feasibility study would be $10,000. He further advised that the Subcommittee also recommended that the County establish an entity to manage the process and include at least one community leader to provide guidance and leadership. It is also recommended that high level staff (Deputy County Manager and City Manager) be assigned to the project and that the BCC Chairman and the Mayor or their designees be designated as the local leaders assigned to make sure progress is made. He added that following those actions, the feasibility study would come back, along with the financial analysis, to be presented to the BCC and City Commission.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize from the Contingency Fund $10,000 for the feasibility study on the conference center.

Under discussion, Chairman Henley stated he will be voting against the motion because he believes it is premature to hire a consulting firm to interpret a report they have not seen.

Commissioner McLain stated this is something the County has been working on and promoting since August 1993. He said the consulting firm needs to be involved in the process as the feasibility study is being done in order to oversee the work and so that they can be fully informed. He said this facility is needed as the County cannot even hold a graduation ceremony.

The Chairman concurred with the need for a facility large enough to hold things such as graduation ceremonies; however, he does not know if 35,000 to 50,000 square feet, as recommended, is enough room to hold such ceremonies.

Commissioner Van Der Weide stated he believes the consulting firm is needed and does not have a problem spending TDC money for this purpose.

Commissioner Morris stated $10,000 is a small investment to have a consultant help oversee the project.

Commissioner Maloy stated he agrees with the Chairman, in that he would like to see the feasibility study first.

Commissioner Morris agreed to amend his motion to stipulate that TDC money will be used if available and if not, General Fund Contingency will be used. Commissioner McLain agreed with the amendment.

Commissioner McLain clarified that it is not the intent to use TDC funds, which are already committed for future projects or events.

Districts 2, 3 and 5 voted AYE.

Commissioners Maloy and Henley voted NAY.

Motion by Commissioner McLain, seconded by Commissioner Morris to designate the Chairman or his designee as the local leader assigned to make sure progress is made and to inform the Board of same.

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

Discussion ensued with regard to the recommended size of the multi-purpose space and the ownership of the center.

Commissioner Van Der Weide stated the ownership issue has not been decided; however, he does not see the County owning this facility.

The Chairman suggested everyone reread the RERC Report and the options listed in it.

Commissioner McLain left the meeting at this time.

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to introduce Michael Wood of the Planning staff.

Planner, Michael Wood, addressed the Board to ask for direction with regard to the request for a Bicycle Advisory Committee. He advised that staff is working on a bike plan which follows Art Ackerman's recommendation. He said staff is recommending an informal committee, not a formal committee. The informal committee would meet annually with staff for an update of the bike plan.

Commissioner Morris stated Mr. Ackerman's request came through his office. He said he could not disagree more with staff's recommendation on this item. He stated he would strongly recommend establishing a formal bike advisory committee.

Upon inquiry by Commissioner Van Der Weide, County Engineer, Jerry McCollum, addressed the Board to advise the Board directed staff to incorporate a separately striped bike lane on any new road design.

Commissioner McLain re-entered the meeting at this time.

Commissioner Van Der Weide stated he would like to see bike lanes on all projects that are in the "mill" and on existing roads which are wide enough.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to instruct the County Attorney to bring back for Board action a resolution establishing a formalized Bike Advisory Committee, which would include responsibilities, composition, and a sunset clause for same.

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

Commissioner Morris stated he would like to see this back before the Board in a month and a half, and not delayed any further.

Road Operations Manager, Tom George, addressed the Board to request direction on the proposed program of alternate surface treatment for unpaved roads. Agenda Memorandum regarding same was received and filed.

Discussion ensued with regard to the three additional positions needed to accelerate the proposed program.

Upon inquiry by Commissioner Maloy, Mr. George advised the three employees would work on permitting, design, and the subdivision retrofit program, once the three-year program is concluded.

Commissioner Morris left the meeting at this time.

Mr. George stated currently there is a great need in the permitting and design work areas along with drainage projects.

Commissioner Morris re-entered the meeting at this time.

Commissioner McLain stated he believes it is important to move this project forward. He said he would like to see a timeline on this and a cost analysis prepared. Whereupon, Mr. George advised that can be brought back to the Board on May 11, 1999.

Director of Public Works, Jim Marino, addressed the Board to state during the next few months the department will be coming to the Board with an expanded neighborhood program and retrofit which are new services. He said none of these new services are they proposing to do with inhouse labor. He further said he has no confidence in managing new work without new resources. He added that he would not propose to speed this program up without having the resources to do it.

Commissioner Van Der Weide expressed his concern with adding up new programs that will prevent the Board at budget time from giving the taxpayers a break.

Commissioner McLain stated he is only proposing that a cost analysis be brought back for consideration. He said he believes this accelerated program has substantial savings. He added that he would like to see a comparison between the originally proposed program and this accelerated one.

Chairman Henley stated he is not opposed to having an analysis come back to the Board for consideration. He said he wants to make sure the analysis is complete and he has all the related equipment expenses as a result of the proposed program. He further stated he believes the Board also needs information on the other visionary programs mentioned, especially if they are part of the justification for retaining the increased staff. He said he is not in favor of "piece-mealing" during budget.

Motion by Commissioner Morris, seconded by Commissioner McLain to direct staff to bring back a financial analysis of the accelerated paving program on May 11, 1999.

Under discussion, Mr. Marino stated staff has no intention of "piece-mealing" what they are proposing. He advised they will be bringing all of their proposed programs to the Board in April and May, and there will be no surprises at budget time.

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

Director of Fiscal Services, Cindy Hall, addressed the Board to advise the bond issue is for the expansion of the Consumers Water Treatment Plant and a number of improvements staff is attempting to fine-tune. Copy of proposed bond-funded projects was received and filed. She further advised the size of the issue has been reduced from $21 million to $18 million. She stated the Chairman, along with staff and the County's Financial Advisor, Gary Akers, will be making a presentation to the bond rating agency in New York with the intention of securing the best possible rating.

Commissioner Van Der Weide left the meeting at this time.

Financial Advisor, Gary Akers, addressed the Board to briefly discuss the trip to New York and the advantages of same.

Commissioner Maloy stated he is supportive of a better bond rating for potential bond issues. He further stated he would like to meet with staff to discuss, in more detail, the five-year plan. Whereupon, Ms. Hall stated she and the Department of Environmental Services will be happy to meet with him.

The Board voiced no objections with staff's intent to secure the highest possible underlying bond rating possible.

Planner, John Jones, addressed the Board to give a monthly status report on the 17-92 CRA effort. He advised there was no quorum at the last meeting of the RPA, therefore, they were unable to elect a chairman or officers. He further advised that staff reviewed the conceptual redevelopment plan and, based on the recommendations, two items were identified - a market assessment and an appearance overlay.

Commissioner Van Der Weide re-entered the meeting at this time.

Mr. Jones advised that the next meeting of the RPA is scheduled for May 21, 1999, and staff anticipates having the business plan before the BCC at their second meeting in April.

Upon inquiry by the Chairman, Commissioner Morris stated he would not have a problem with alternates of the RPA voting on items except for the election of officers.

Motion by Commissioner Morris, seconded by Commissioner McLain to stipulate that only the core members of the RPA can elect officers and vote on final recommendations of the budget to be sent to the BCC, but on all other official business, alternates will be allowed to vote.

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

Commissioner Maloy stated he would like to pull Item #5, First Renewal of RFP-431-98/BJC, for a separate vote.

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

1. Request authorization to advertise and schedule a public hearing to enact an Ordinance establishing estimated assessments for the Genova Drive Water Distribution Municipal Service Benefits Unit.

1. Approve Amendment #1 to Bid #227/JVP Furnish Traffic Mast Arms, with Torres Electrical Supply, Stuart, ($76,721).

 

INFORMATION TECHNOLOGIES

Telecommunications

2. Approve international travel to Montreal, Canada for Gregory Holcomb, Telecommunications Manager to attend International SL-1 Users Annual Conference.

1. Approve and authorize Chairman to execute Right-of-Way Purchase Agreement, as shown on page _________, for the southwest corner of SR 434 and Carrigan Avenue, with Weat Land Partners II, a Florida General Partnership.

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Commissioner Maloy recommended continuing the contract for RFP-431-98/BJC, Closing Agents, Title Search Services, with Shutts and Bowen Co., for 90 days while a new RFP is issued.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue for 90 days RFP-431-98/BJC, Closing Agents, Title Search Services, with Shutts and Bowen Company; and direct staff to issue a new RFP for title services.

Under discussion and upon inquiry by Commissioner Van Der Weide, Purchasing Manager, Kelly Loll, addressed the Board to advise last year when this was bid, there was only one response, Shutts & Bowen.

Commissioner Van Der Weide stated he does not see why the Board cannot continue this for 90 days; however, he believes the end result will probably be the same.

Commissioner Morris stated he cannot support the motion, as he believes this is an extraordinary situation. He said the Board went through the bidding process last year and Shutts and Bowen has done a good service for the County.

Districts 1, 3 and 4 voted AYE.

Commissioner Morris and McLain voted NAY.

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Commissioner Morris stated he needs to leave the meeting for a prior engagement and advised he has no objections to Item #B1, Temporary Waiver to Permit On-site Water Storage Tank for Fire Protection for Alfredo Christy; but would request Item #B2, Variances for fence and minimum lot depth requirements for Pulte Home Corporation, be moved to this afternoon's meeting.

The Board voiced no objections to pulling Item #B2 until the 1:30 p.m. meeting.

Commissioner Morris left the meeting at this time.

Senior Planner, Tony Matthews, addressed the Board to present recommendation to adopt the development standards for SR 46. He advised staff is also recommending authorization to work with the City of Sanford and City of Lake Mary to look at amending the Lake Mary Boulevard Overlay Standards in order to come up with unified standards.

Mayor Larry Dale, City of Sanford, addressed the Board to request support in developing a joint gateway corridor for SR 46.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to: (1) Direct the County Attorney's Office to draft an ordinance, similar to Schedule U in the Agenda Memorandum, creating the "State Road 46 Overlay Standards Classification" for that segment of SR 46 between the railroad overpass on SR 46 at Airport Boulevard and Interstate 4; (2) Direct the Current Planning Manager to draft a private property rights impact analysis of the proposed ordinance; (3) Direct the Fiscal Services Department Director to draft an economic impact statement relative to the proposed ordinance; (4) Direct the Planning & Development Director to schedule and advertise a public hearing to adopt the ordinance; and (5) Direct the Planning & Development Director to coordinate with the City of Sanford and City of Lake Mary to create a unified Lake Mary Boulevard Overlay Standards Classification agreeable to each party, and the County Attorney's Office to draft a proposed ordinance implementing the unified standards to be brought before the Board for authorization to advertise required public hearings.

Under discussion, Commissioner Van Der Weide expressed his concern with the signage section of the standards and the "no billboard" requirement.

Commissioner McLain stated these are all issues they are going to debate. He said this road is basically undeveloped and now is the time to put in the proper requirements so that everyone has equal opportunity on their property.

Commissioner Maloy suggested maybe a work session is needed prior to the staff drafting the ordinance. Whereupon, Mr. Matthews advised all of this could be brought back in a draft format prior to advertising.

Commissioner McLain included in the motion that the draft ordinance will be brought back to the Board for review prior to advertising. Commissioner Van Der Weide concurred.

Districts 1, 3, 4 and 5 voted AYE.

Request for a temporary waiver to permit on-site water storage tank for fire protection by Alfredo Christy was presented for action.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to grant temporary waiver to permit an on-site water storage tank for purposes of providing adequate fire flow for property located on the east side of U.S. 17-92, north of SR 434 and south of Shepard Road, subject to owner connecting to water lines when they are installed adjacent to the subject property.

Districts 1, 3, 4 and 5 voted AYE.

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Planner, Sylvia Smith, presented request for waiver to Subdivision Platting Approval for Barbara Rumpel.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to grant Plat Waiver for property located approximately 1/4 mile north of Brumley Road on Overlook Drive in Chula Vista on the westerly shore of Kiwanis Lake in Section 22, Township 21 south, Range 32 east, Barbara Rumpel.

Districts 1, 3, 4 and 5 voted AYE.

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Ms. Smith presented the Preliminary Subdivision Plan for Crown Cove, Sherra & Gerald Jones.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan for Crown Cove, located approximately 1/4 mile south of SR 46 at the easterly terminus of Maureen Drive on the north shore of Sylvan Lake in Section 26, Township 19 south, Range 29 east, Sherra and Gerald Jones; and to grant waiver to the paving requirement for Maureen Drive and waiver to the sidewalk installation requirement along Maureen Drive, subject to the applicant demonstrating by means of a title insurance policy or title certificate from a licensed title insurance provider that vehicular and utility access to lots being created is guaranteed and that all easement rights are assignable to the new lot owners.

Districts 1, 3, 4 and 5 voted AYE.

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Ms. Smith presented the Preliminary Subdivision Plan for Aloma Woods Phase 6, 7 and 8, CFG Real Estate Group, Inc.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan of Aloma Woods Phase 6, 7 and 8, located southeasterly of SR 426 at the southerly terminus of Church Street and east of Walker Road in Sections 28 and 29, Township 21 south, Range 31 east, CFG Real Estate Group, Inc., including variances requested, subject to staff recommendations as follows: (1) Installation of a six-foot masonry wall along the rear of the double frontage lots, except where specified otherwise in prior development orders concerning this property; (2) Two trees a minimum of 2" dbh Florida No. 1 Grade be installed on each lot at the time of Certificate of Occupancy; and (3) The applicant vacating the portions of prior plats (Aloma Woods Phase 5) to be replatted in these phases, prior to final engineering plan approval.

Districts 1, 3, 4 and 5 voted AYE.

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Development Review Manager, Gil Backenstoss, addressed the Board to present request for a Variance to the Land Development Code fire flow requirement for the Seminole Community Church.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to grant Variance to the Land Development Code fire flow requirements for Seminole Community Church, Pastor Jerry Walsh, located on the north side of Orange Boulevard, approximately 1/2 mile west of Oregon Street, subject to staff recommendations: (1) Granting variance for the 10,000 gallon on-site water storage tank for fire protection provided the building is type IV construction as defined by the Code, in lieu of meeting the code requirement of 1250 gpm at 20 psi (based on an occupancy load of less than 300 people per the Life Safety Code); (2) Staff does not recommend the use of a retention pond as an alternate source of water; and (3) Any temporary waiver for alternate source of water to be allowed only until such time that water lines are available adjacent to the site, and at that time the development be required to hook up to the utility.

Districts 1, 3, 4 and 5 voted AYE.

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

Districts 1, 3, 4 and 5 voted AYE.

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

1. Letter to Clerk of Court from Larry Dzubeck, ADT Security Services, Inc., regarding acquisition of Entergy Security Corporation.

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The Board, thereupon, recessed at 12:05 p.m., reconvening at 1:35 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.

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

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

Continuation of a public hearing to consider the Heathrow International Business Center (DRI) – Notice of Proposed Change; property located at the SW corner of Interstate 4 and CR 46A, as described in the proof of publication, HIBC Development Co.

Matthew West, Principal Planner, addressed the Board to advise this amendment is associated with the Comp Plan Amendment that was transmitted to DCA on 12/8/98. During their review, there were some amendments to the DRI application and staff has reviewed those changes, but the results were not available prior to today’s meeting. The State did not have any objections to the Comp Plan amendment and the adoption for that amendment is scheduled for 4/13/99. Therefore, staff is requesting that this item be postponed until that time so that they can be heard together.

Upon inquiry by Commissioner Morris, Mr. West explained why a continuance is being requested.

No one spoke in support or in opposition.

District Commissioner McLain stated he has no problem with the continuance.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to continue to April 13, 1999, the Heathrow International Business Center (DRI) – Notice of Proposed Change; property located at the SW corner of Interstate 4 and CR 46A, as described in the proof of publication, HIBC Development Co.

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

Continuation of a public hearing to consider Heathrow Town Center (DRI) Notice of Proposed Change; property located at the NW corner of Interstate 4 and CR 46-A, as described in the proof of publication, Colonial Realty Limited Partnership.

Mr. West stated staff is recommending that this item be postponed until April 27, 1999.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to continue to April 27, 1999, Heathrow Town Center (DRI) Notice of Proposed Change; property located at the NW corner of Interstate 4 and CR 46-A, as described in the proof of publication, Colonial Realty Limited Partnership.

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

Mr. West clarified that the Heathrow IBC DRI will be continued for 7:00 p.m. on 4/13/99 and the Heathrow Town Center DRI will be continued for 1:30 p.m. on 4/27/99.

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to R-1AA (Single Family Residential); property located on the east side of Brantley Drive at the intersection of Cutler Road, south of Wekiva Springs Road, Jamie Allan Adley, received and filed.

John Dwyer, Current Planning Manager, addressed the Board to advise the applicant is proposing to construct two houses on the property. He stated water and sewer will be provided by Sanlando Utilities and the request would be compatible with surrounding development. Staff recommends that the subject request is: (1) In compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no objections to the request subject to compliance with the subdivision regulations of the Land Development Code.

Jamie Adley, 880 Brantley Dr., addressed the Board to speak in favor of the request as it is compatible with the Plan and has been approved by the Planning Board.

No one else spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #99-6, as shown on page __________, to rezone from A-1 (Agriculture) to R-1AA (Single Family Residential); property located on the east side of Brantley Drive at the intersection of Cutler Road, south of Wekiva Springs Road, as described in the proof of publication, Jamie Allan Adley, with staff comments, and approval of the Development Order, as shown on page _________.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); property located on the east side of C-15, south of Church Street and north of Maronda Way, Raymond and Catherine Saxon, received and filed.

Mr. Dwyer stated the applicant is requesting the rezone for the purpose of assembly, sales, and service of computers and computer-related equipment. He indicated that the surrounding uses are agriculture to the north, industrial to the east and south, and agriculture to the west. Water and sewer will be provided by Seminole County. He reviewed the Compliance with Environmental Regulations and Compatibility with surrounding development as outlined in the agenda memorandum. The request should be able to meet all environmental standards. Staff has no objections to the request subject to: (1) Rezone only those areas above the post-development flood prone elevation and outside of the wetland areas; and (2) Dedicate additional right-of-way on C-15 to accommodate required improvements. The road improvements are programmed and planned for construction within the next 3 to 4 years. However, at the present time, the amount and/or location of any required additional right-of-way is not known due to the lack of construction plans. He stated the Planning & Zoning (P&Z) Commission recommended approval subject to rezoning only those areas above the post-development flood prone elevation. The P&Z did not recommend the dedication of additional right-of-way on C-15 as recommended by staff.

Attorney Gary Massey, representing the applicant, addressed the Board to state the property is compatible with the area and should be rezoned. He stated the P&Z did not recommend the dedication and he opposes that recommendation as he feels that would be an inverse condemnation of the applicant’s property.

Upon inquiry by Commissioner Maloy, Mr. Dwyer advised staff is looking at 110 to 120 ft. of right-of-way for the proposed road project. He stated currently, there is a 50 ft. right-of-way on Upsala Road and staff could be looking at 35 ft. on either side to accomplish the right-of-way improvements.

Commissioner Morris stated he feels there is no point of having a discussion on right-of-way as it is premature. A reserve has not been set up for setback requirements.

Chairman Henley stated he would have to agree and he would support the District Commissioner if he makes that recommendation.

Upon inquiry by Commissioner McLain, Raymond Saxon, applicant, addressed the Board to advise the dimension of the property is roughly 200’ by 200’.

Upon further inquiry by Commissioner McLain, Attorney Massey advised there is an existing building on the property and the applicant is planning to refurbish it. He submitted a copy of a survey (received and filed) for the Board to review.

No one else spoke in support or in opposition.

District Commissioner McLain stated the proposed uses for the site are appropriate and he feels it is premature to ask for right-of-way at this time.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Ordinance #99-7, as shown on page ___________, to rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); property located on the east side of C-15, south of Church Street and north of Maronda Way, as described in the proof of publication, Raymond and Catherine Saxon, with staff recommendations, with the exception of the dedication of right-of-way as it is not required, and approval of the Development Order, as shown on page _________.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from UC (University Community) to PUD (Planned Unit Development); property located on the north side of West Palm Valley Drive approximately 1,000 feet west of SR 434, Harling Locklin & Associates, received and filed.

Mr. Dwyer advised the developer intends to combine this parcel with the previously approved PUD to the west and create one overall development with one access to West Palm Valley Drive. Existing land uses are the Econ River to the north, condominiums to the east, single family to the south, and the undeveloped PUD approved for 20 townhouse dwelling units to the west. Water and sewer will be provided by Seminole County. He reviewed the Compliance with Environmental Regulations and Compatibility with surrounding development as outlined in the agenda memorandum. Staff recommends that the subject request is: (1) In compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) Request would be compatible with surrounding development; (3) Considered in the 20-year service analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no objections to the request. The P&Z recommended approval subject to staff comments.

Upon inquiry by Commissioner Maloy, Mr. Dwyer advised the previous main entrance is going to line up with the intersection and the road directly to the south.

Hugh Harling, applicant, addressed the Board to advise he concurs with staff and P&Z’s recommendations and he will be glad to answer any questions.

Upon inquiry by Commissioner Maloy, Mr. Harling advised they would have the same wall treatment as the River Walk entrance.

Mr. Dwyer stated he feels the wise thing to do is combine the projects as one development order.

Mr. Harling advised the property was purchased from two separate owners and it will be combined as one project.

Mr. Dwyer advised staff would therefore do one development order.

Commissioner Henley stated he received information (received and filed) from Sue Eberle. Commissioner Maloy briefly reviewed some of Mrs. Eberle’s comments.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #99-8, as shown on page ___________, to rezone from UC (University Community) to PUD (Planned Unit Development); property located on the north side of West Palm Valley Drive approximately 1,000 feet west of SR 434, as described in the proof of publication, Harling Locklin & Associates, with staff comments, and approval of the Development Order, as shown on page _________.

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

Variances for fence and minimum lot depth requirements for Pulte Home Corporation were presented.

Commissioner Morris stated he has not had a briefing on the two proposed waivers. The applicant is requesting that the wall be substituted for a wooden fence in order to protect the natural buffer of pine trees. He stated pine trees can be destroyed as they have a high mass of ground roots.

Commissioner Maloy stated pine trees are very sensitive and without seeing the trees, he cannot say how much damage can be done to them.

Gary Schindler, Senior Planner, addressed the Board to state there are a number of trees up to 12" to 15" and the buffer area is heavily vegetated, and some of the trees are right up to the property line.

Commissioner Morris stated the issue here is some of the developments out there were controversial. Typically most of the requests happen during the time it goes through the process and not come back as a waiver. He stated he is not sure about the tree assessment. Nothing is provided in the packet relating to the trees or a tree survey. He said he understands that the second waiver request is to reduce the depth requirement because of the taking by DOT.

Mr. Schindler stated a drainage easement runs through the property and the easement was relocated along the west property line.

Helmut Mohle, McKim & Creed, addressed the Board to state the DOT easement is located from the retention pond on the north side of Lake Emma Oaks Trail and it drains into Myrtle Lake. Due to the development, it had to be relocated.

Commissioner Morris stated he is at a loss why any business would not come to the Board first and then do a contractual agreement with DOT. He stated he would like to obtain additional information.

Mr. Mohle stated he has been told by the wall contractor that they would need approximately 25 ft. to build a masonry wall and the tree survey depicts all of the trees that are 4" and up. He said they will have to remove 25 ft. of trees along I-4 to build the wall.

Upon inquiry by Commissioner Morris, Mr. Mohle advised he does not have a letter from the wall contractor indicating they will need to remove 25 ft. of trees.

Commissioner Morris stated he doesn’t believe the contractor needs 10 or 15 ft. on both sides to build a wall. He stated he would like to have a discussion with the construction manager relative to this issue. He added he believes Mr. Mohle needs to provide additional documentation and he would also like to see a tree survey. He said he would recommend either denying this item or tabling it to allow the applicant to come up with more arguments on this.

Mr. Mohle stated he would appreciate the Board continuing this item for two weeks.

Motion by Commissioner Morris, seconded by Commissioner Maloy to continue to 4/13/99 request for variances for fence and minimum lot depth requirements for Huntington Pointe Subdivision located east of I-4 and south of Emma Oaks Trail, Pulte Home Corp.

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

Chairman Henley submitted a letter with backup (received and filed) recommending that Raymond Larson be appointed to the District 7 Health & Human Services Board.

Motion by Commissioner Maloy, seconded by Commissioner McLain to appoint Raymond Larson to the District 7 Health & Human Services Board.

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

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Chairman Henley stated he just received a letter (received and filed) from the Central Florida Sports Commission relative to the BCC supporting granting the Sports Commission a state sales and use tax exemption. Discussion ensued.

The Board consented to allowing the County Attorney to review this issue and bring it back at a later date (possibly tonight).

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Chairman Henley submitted a copy of a memorandum (received and filed) from Gary Kaiser, County Manager, requesting the Board to authorize exempting him from the hiring policies with HTE, Inc. He stated the County’s contract with HTE prohibits them from hiring any County employee without written consent of the County for a period of a year. He said Mr. Kaiser is requesting the exemption so he can accept this position.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize exempting Gary Kaiser, County Manager, from the hiring policies with HTE, Inc.

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

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Commissioner McLain indicated that he has never seen the Central Florida Sports Commission letter. Whereupon, Chairman Henley stated he has submitted a copy of same to the Board for their review.

Robert McMillan, County Attorney, addressed the Board to advise that his office will probably get back with the Board on this issue during this evening’s meeting.

The following Communications and/or Reports were "received

and filed":

1. Letter dated 3/10/99 to BCC (with attached Notice of Public Hearing) from Raymond Burke re: Input from adjoining property owners pertaining to the rezoning from A-1 to PUD. (cc: Co. Manager, Deputy Co. Manager, Current Planning)

 

2. State of Fla. Dept. of Transportation "Notice of Intent – Proposed Private Seaplane Base". (cc: BCC, Deputy Co. Manager)

 

3. Letter dated 3/12/99 to BCC from Kathy Fall, Senior Planner-Comprehensive Planning re: Upcoming Public meeting on 3/24/99.

 

4. Letter dated 3/15/99 to Chairman (with attached application) from Rosa Morgan, Chief-Bureau of Community Assistance re: Drug Control & System Improvement Program funding. (cc: Mayors in County, Law Enforcement Agencies, Project Directors, BCC, Deputy Co. Manager)

 

5. Copy of letter dated 3/11/99 to H. W. Suber, Seminole County Property Appraiser (with attached tables) from Darrell W. Smith, Budget Services Director re: Development of budget for FY 99/2000. ( BCC, Deputy Co. Manager)

 

6. Letter dated 3/11/99 to Chairman from Senator Toni Jennings re: Support of Department of Children & Family Services equity funding. (cc: BCC, Deputy Co. Manager, Community Services)

 

7. Copy of letter dated 3/8/99 to Betsy Cohen, Contracts Supervisor-Seminole County Purchasing from P. A. Dolnick, Executive Vice President-State Contracting & Engineering Corp. re: CR 427 Phase III and IV. (cc: BCC, State of Fla. Attorney General, The Fla. Surety Association, The American Insurance Companies/Fireman’s Fund, Cummings Thomas & Snyder, Deputy Co. Manager, Co. Attorney)

 

8. Letter dated 3/13/99 to Chairman (with attached activity report) from Darrell Kelley, President CEO-Economic Development Commission of Mid Fla. re: Transmission of February activity report. (cc: BCC)

 

9. Memorandum dated 3/8/99 to BCC from Lori Thomas, National County Government Week Chairperson re: NCGW Event and Theme Activity.

 

10. Letter dated 3/12/99 to Honorable Anthony Suarez from Chairman re: Welcome to Seminole County Legislative Delegation. (cc: BCC, Deputy Co. Attorney)

 

11. Copy of letter dated 3/9/99 to Senator Toni Jennings from Richard Poole, re: Wekiva River Protection Area. (cc: BCC, Planning & Development Admin., Co. Attorney)

 

12. Letter dated 3/9/99 to Chairman (with attached Fla. Traffic Safety Facts & Executive Summary) from Nancy Houston, District 5 Secretary-Dept. of Transportation re: Buckle Up Fla. Campaign. (cc: Terry Henry, Tony Nosse, BCC, Co. Manager, Deputy Co. Manager, Safety Office)

 

13. Letter dated 3/9/99 to Chairman from Steven Seibert, Secretary-Dept. of Community Affairs re: Wekiva River. (cc: BCC, Deputy Co. Manager, Co. Attorney, Planning & Development Director)

 

14. Letter dated 3/11/99 to Chairman from R. Gregg Caro, Project Manager-Dept. of Transportation re: Public Workshop of SR 436. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Works Director)

 

15. Copy of letter to Commissioner McLain from Miranda Fitzgerald, Attorney re: Heathrow DRI (cc: BCC, Planning & Development Director, Joe DoBosh)

 

16. Notice and Agenda for Oviedo City Council meeting 3/15/99.

 

17. Memorandum dated 3/11/99 to BCC from Gary Kaiser, Co. Manager re: Joint School Board/BCC Meeting.

 

18. Copy of letter dated 3/11/99 to Honorable Anthony Suarez from Lonnie Groot, Deputy Co. Attorney re: Upcoming Legislative Session. (cc: BCC, Deputy Co. Manager, Director of Economic Development, Bobby Brantley-Legislative Consultant)

 

19. Copy of memorandum dated 3/11/99 to Kelly Loll, Purchasing Manager (with attached letter dated 3/5/99 to Henry Brown from Norman Yespelkis) from Henry Brown, Assistant Co. Attorney, re: Montgomery Road-Litigation Services. (cc: BCC, Engineering Accountant, Road Project Acquisition Manager, Contract Analyst)

 

20. Memorandum dated 3/8/99 to BCC (with attached newspaper article) from Lonnie Groot, Deputy Co. Attorney re: Title Loan Legislation. (cc: Deputy Co. Manager)

 

21. Copy of letter dated 3/9/99 to Bobby Brantley-Brantley & Association from Lonnie Groot, Deputy Co. Attorney re: Title Loan Legislation. (cc: BCC, Deputy Co. Manager)

 

22. E-mail dated 3/9/99 to BCC from Thomas Myers, Pastor re: Land Development Code Amendment for Billboards. (cc: Current Planning, Co. Attorney)

 

23. Letter dated 3/1/99 to Chairman (with attached agenda for 4/9/99 meeting & Criteria for Listing) from George W. Percy, State Historic Preservation Officer re: Seminole County Home. (cc: Sidney Johnston, BCC, Co. Manager, Deputy Co. Manager, Library/Leisure Services Director)

 

24. Facsimile of a letter dated 2/27/99 to Chairman from Fred Lofgren, Lofgren Enterprises, re: Billboard Ordinance. (cc: BCC, Current Planning, Co. Attorney)

 

25. Facsimile of a letter dated 2/27/99 to BCC from Larry Littrell re: Sign Ordinance. (cc: Current Planning, Co. Attorney)

 

26. Notice & Agenda for Seminole County Port Authority meeting 3/17/99.

 

27. Facsimile dated 3/9/99 to BCC (with attached letter dated 3/9/99 to Governor Bush from Sue Eberle) from Sue Eberle re: Little Econ River.

 

28. Letters of appreciation for recent contributions dated 3/8/99 from Ken Roberts, Department of Public Safety Director to the following: Toni Smolen, Christine Davis, Lily Revera, Kathy Vugrincic, Phyleischa Owen.

 

29. Contract for Services, as shown on page _________, with Parks & Recreation for the following: Angel Santigo (Umpire-Slowpitch), Daniel Hernandez (Umpire-Slowpitch), Heath Cohen (Instruct Tennis Classes), Mark Bummelje (Instruct Tennis Classes), Peter Speroni (Umpire-Slowpitch), John Mitchell (Umpire-Softball), Paul Wilcox (Umpire-Slowpitch), Anthony LaMere, Jr. (Scorekeeper-Slowpitch), Brad Minns (Teach Tennis Programs), Jeff Wiley (Umpire-Slowpitch).

1. Contract for Services, as shown on page _________, between Seminole County Parks & Recreation and Beau Small (softball scorekeeper).

Commissioner Morris submitted a copy of information (received and filed) to the Board relative to complaints of garbage service of Disposall. He stated Disposall primarily serves in Commissioners Maloy and Henley’s districts and the letter he received indicates that they are refusing curbside service. He added he has included a monthly complaint log and it is interesting to see the outcome. When the Board was putting a lot of pressure on the haulers, the complaints decreased. The complaints for Disposall have now increased by 27% as there have been consistent complaints. He stated he feels the Board needs to contact Disposall and explain to them what has been going on and ask why there is a sporadic level of service complaints.

Commissioner Van Der Weide stated he feels Disposall should explain their service to the Board.

Commissioner Maloy stated he understands that Republic Industry is planning to buy Disposall, and he believes that they are still operating under their current rules.

The Board, by consensus, agreed to scheduling a meeting with the representative of Disposall to come before the Board to discuss this problem.

Commissioner Maloy highlighted discussions with the Lynx Committee meeting relative to light rail. He stated the Committee did not discuss the light rail system going from I-Drive to the airport. He said if the County does not participate in this process, the cost for Orlando will go up considerably. He added the City of Orlando and Orange County should move considerably closer on this issue by the next meeting which he believes is 4/22/99.

Commissioner McLain stated both of those alignments are strictly in Orange County and he cannot support spending Seminole County tax dollars on an Orange County rail.

Commissioner Morris stated the one thing that concerns him is if there is going to be light rail to the north, the alignment will become a critical issue. Regardless whether the alignment is CSX or I-4, Seminole County’s commuters’ destinations will be potentially long routes to downtown Orlando and, most important, the airport. The current proposal to run a route from the airport to I-Drive, to downtown Orlando and to Seminole County and Deland, will delay the citizens of Seminole County at least 20 to 30 minutes to get to the airport and the sites. This will inconvenience those citizens who will be using the rail on a regular basis versus the tourists coming in on an irregular basis. Without a direct route from downtown to the airport, it doesn’t make a lot of sense for the residents of Seminole and Volusia County.

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Chairman Henley submitted and briefly reviewed a copy of the highlights of the Metroplan Board meeting on March 10, 1999. He reviewed the 2 HOV lanes from the BeeLine Expressway to SR 472.

Commissioner Morris adviseed he will be in Tallahassee tomorrow and he will do anything to help.

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Chairman Henley stated he would like to discuss with the Board the issue of appointing an Interim County Manager since Mr. Kaiser is leaving.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Deputy County Manager, Cindy Coto, as Interim County Manager.

Under discussion, Commissioner Van Der Weide recognized School Board member Bob Goff in the audience.

Upon inquiry by Commissioner Morris relative to increasing Ms. Coto’s salary since she will be taking on additional responsibilities, Chairman Henley advised he would suggest that he have an opportunity to discuss this with Ms. Coto.

Chairman Henley advised that the effective date will be 4/3/99.

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

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Chairman Henley stated he believes this will be Mr. Kaiser’s last official Board meeting and on behalf of the Board, he would like to thank him for his service to the County.

Mr. Kaiser stated he is looking forward to some new challenges. He stated he appreciates all of the consideration the Board has given him, the opportunity to serve this position and to do some things together with the Board.

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The meeting was recessed at 2:43 p.m., reconvening at 7:05 p.m., with all Commissioners and all other Officials, with the exception of County Manager Gary Kaiser who was replaced by Deputy County Manager Cindy Coto, County Attorney Robert McMillan who was replaced by Deputy County Attorney Lonnie Groot, and Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Proof of publication as shown on page __________, calling for a public hearing to consider Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located north of Orange Boulevard, east and west of Indiana Street and north and south of Ohio Avenue, containing approximately 95 acres, CFG at Chapman, Inc., received and filed.

Senior Planner, Cindy Matheny, addressed the Board to state this is the transmittal hearing for the Spring Plan Amendments. She said for this subject request, staff is recommending approval of Planned Development land use, at a maximum of four dwelling units per acre, with findings that Planned Development land use, with the following zoning conditions: (1) would be consistent with the locational criteria of the County’s Comprehensive Plan relating to the Planned Development land use designation and with policies regarding design and open space within Planned Development projects, (2) would be compatible with projected development trends in the immediate vicinity along Orange Boulevard, (3) would be consistent with Plan policies regarding transitional land uses, and (4) would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. Staff recommends that the request for rezoning is: (1) In compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to Planned Unit Development; (2) The request would be compatible with surrounding development; and (3) PUD zoning provides for an appropriate transitional use in this area.

Ms. Matheny advised the LPA voted unanimously to recommend approval of Planned Development land use with staff findings and recommended approval of the rezoning to PUD, subject to the maximum density of four dwelling units per net acre.

Upon inquiry by Commissioner Maloy, Ms. Matheny stated she has received information from the Environmental Office that there is an eagle’s nest near, but not located on the property. Further, she answered that the contract with the Giles family has been resolved to buy eight acres, a slight modification from the original contract to buy 10 acres. She said she believes there is less that 2% wetlands on the site, so it is very minimal.

Attorney Ken Wright, Shutts & Bowen, representing CFG at Chapman, Inc., addressed the Board to state they concur with the staff recommendation of four units to the acre for net density. He showed an aerial photograph (not received and filed) of the property and surrounding areas and discussed the plans proposed by the applicant. He said in all likelihood the wetlands will be left in their current state. He showed the right-of-way the applicant is proposing to abandon and discussed the additional 10’ buffer with vegetation proposed. He stated the applicant intends to minimize the number of trees that will be lost in site preparation. He showed the outparcel currently used for single family residential and said a 15 foot buffer will run completely around that residential area. Regarding the eagles’ habitat and nesting, he said these are very specifically and intensely regulated by the Water Management District rules as well as by the US Fish and Wildlife, and independently through the Game and Fresh Water Fish Commission. He noted that Attorney McIntosh is present and can confirm that the issue of the contract on the property has been resolved.

Attorney Wright discussed with Commissioner Maloy the values of the homes, the recreational areas, buffers, and options for access to those people who now use Indiana Avenue.

Commissioner Morris asked how did the applicant see marketing this type product near the southwest area of the property with the manufactured homes. Attorney Wright said the applicant sees this area as one in transition and feels, given the buffers, the natural conditions of the land, the property values and marketing efforts are going to be successful with this project.

William Cole, President, CFG Chapman at Altamonte Springs, addressed the Board to state there will be three product line sales up to $250,000 with the average at $170,000. He said when this comes back for site plan approval, they will show what enhancements will be provided for the property to the south if the homeowners association will allow them to do those.

Upon inquiry by Commissioner McLain, Attorney Wright pointed out why he agrees with staff that this project is transitional. He explained the improvements that will be done on Oregon Avenue, stating improvements have already occurred at 46 and I-4 with the Mall, and noted improvements that will be redeveloped with loops, pointed out the Cracker Barrel Restaurant, Industrial Park, river system, and three canal development systems, all in this area.

Monte Shoemaker, 5376 East Ohio Avenue, addressed the Board to read from a letter written by Chief Seattle which was sent to the President of the United States in 1855 and submitted same along with his written comments to the Board (copy received and filed). He said Seminole County residents have entrusted each of the Commissioners with choosing people to comply with the Comprehensive Land Use Plan. He said the Plan was created, approved, and is still in effect. He stated that to the north are 2½ and 1 acre parcels, and this development does not belong there. The written comments by Mr. Shoemaker were received and filed.

Leonard Smith, 1304 N. Lake Drive, addressed the Board to state he owns property on Ohio Avenue and he is requesting this hearing be stopped based on conflicting issues. He identified points of concern. He said they are living in their rural area and they like it. He asked for a motion to deny this zoning. The written comments by Mr. Smith were received and filed.

Commissioner McLain advised Mr. Smith that accusing the professional staff and making allegations is not the way to come before the Board.

Leslie Puik, 5022 Ohio Avenue, addressed the Board to state her property abuts this project. She said with the density proposed at four units per net acre set in the middle of 2½ acre homesites, their homes won’t be any different than those in Altamonte Springs. She said the developer is basically asking to rape them of their quiet, rural neighborhood. She said the staff stated this project would be compatible with development trends in this area and that is very untrue. She said there are horse farms and estate properties in this area, and the only trend is for 2½ acre plus homesites (pictures were received and filed). She stated this project is not consistent with transitional land uses. Further, she said to pass this with four units per net acre in the midst of 2½ acre homesites is the epitome of urban sprawl. She stated one typical manifestation of this is the leap frog effect and she showed this on the map. She said this zoning change will set a precedent. She concluded that increasing densities encourages urban sprawl and that is detrimental to them and the environment and hurts their property values. She asked the Board to turn down this request until a better one can be developed. Mrs. Puik’s written comments were received and filed.

John Vass, 5200 Michigan Avenue, addressed the Board to state they all believed they had come to this area seeking part of their American dream and away from zero lot lines, high crime, high traffic, and noise. He said they are asking the Board to fairly evaluate all parts. He said the number of units proposed is too great. This will have a great impact on their water with more homes contaminating their wells, and there will be a great impact on their roads. He said he is concerned that the wooded lots will become a dumping ground for household items, and the secluded location of their homes will become an open invitation to crime. He said making the roads impassable could cause life-threatening emergencies. He discussed that the area elementary schools are already over capacity. He asked the Board to carefully review the density and look at one house per acre. His written comments were received and filed.

Dave Schuette, 5266 Michigan Avenue, addressed the Board to state it would be a big mistake to build something like the developer is proposing. He showed a poster of pictures (received and filed) showing the wetlands, areas of nearly no buffer zone, and areas where the water drains. He stated the groundwater stays one foot below the surface, and expressed his concern that the project being proposed would probably put them underwater.

Dianne Vass, 5200 Michigan Avenue, addressed the Board to show pictures (received and filed) of the view they have across from their property and said they stand to lose a beautiful spand of trees. She said Seminole County’s logo says "Seminole County, The Natural Choice." She asked what happens when the animals move to Lake County and all the trees are taken down. She said then the natural part will be gone. She said they all chose to live in areas more agricultural for this particular lifestyle. They were so sure the agricultural areas would remain intact. If their area falls, the others will fall also and then the choice part is also gone. She stated if this plan goes through, the perception will be that the little guy just can’t "fight City Hall," and "Joe Blow" average tax-paying citizens just can’t be heard, and once again he who holds the dollar holds the power. She asked the Board to give the power back to the people. Her written comments were received and filed.

Steve Sorenson, 5250 Michigan Avenue, addressed the Board to state most of the houses are left natural and animals come every night on the property to feed. He submitted pictures (received and filed) to the Board. He said he has already lost his peace and quiet and now he is looking to lose his privacy. He said the property is zoned A-1 and he went there because he thought it would remain A-1 and now he finds out the Board can switch these things. He said if there is two days’ rain, all the water from the subject property, without any concrete, fills up the ditch and goes over Michigan Avenue. If there is more concrete, it will be worse.

Jack Goebel, 5270 Michigan Avenue, addressed the Board to state he just purchased his house in November, and the whole purpose of moving there was because of the quietness. He showed an aerial view (received and filed) of the proposed site. He said he would have never bought this property if he had known this was proposed. He showed a site plan (copy received and filed) and asked the Board to take a look at Lake Forest which is 2.3 and double that and pluck it in the middle of this site. He said it can be seen how it conflicts with the environment. He said he understands development is important to Seminole County, but why instantly compromise with this.

Tom Stone, 5711 Deer Path Lane, addressed the Board to state he has an alternative for development in this part of the County. He is proposing a concept that is being applied all over the country today called conservation subdivision design. He explained that half or more of the buildable land is designated undivided permanent open space. He stated that this technique has been used successfully by a number of developers. He showed a chart of comparable densities (copy received and filed) and said he is offering that the Board come back with a density of two units per acre. He also showed another chart on population comparison (copy received and filed) and a diagram (copy received and filed) of the proposed conservation buffers, and explained that the buffer would be kept around the property. He showed a chart on the percent change in density (copy received and filed) and said with his proposal, there would be 186 homesites and this would be a more livable concept. He asked the Board to consider that.

Commissioner Morris responded that a similar concept was done for Alaqua Lakes and the environmental community liked it but adjoining homeowners disagreed with clustering. He said the answer is still that people are not going to be happy because the density is still too high in that cluster zone.

Keith Schue, 30641 Edgewood Street, Sierra Club, Central Florida Group, addressed the Board to read a statement from the Sierra Club to request that the land use change and rezone be denied. He discussed the wildlife impact and said he believes the Wildlife and Fresh Water Game and Fish Commission should be consulted. He said the proposed amendment fails to meet the objective. He believes that with a meaningful reduction and preservation of trees and buffers, a project could be developed. He stated the Sierra Club is not opposed to development, but believes it should occur in a responsible manner. He said this is not appropriate on Orange Boulevard. They all know there are Black Bears in this area, and he asked what will happen if this development is approved. He said with the bald eagle’s nest, the species indicates there is a significant habitat present. The written comments and documentation from Mr. Schue were received and filed.

John Puik, 5022 Ohio Avenue, addressed the Board to speak to the issue of the bald eagles. He showed a drawing (received and filed) by his daughter of the tree with eagles and nest and discussed the tree cutting and construction that should not occur near the primary zone nor the roosting site. Mr. Puik’s comments, documentation, and picture of the eagles were received and filed.

Thomas Swinney, 5290 Michigan Avenue, addressed the Board to state they chose to live in Seminole County due to better schools and their concern for the natural resources. Less than three weeks after their purchase, they learned there was to be a public hearing to receive public input and make recommendations to the Board. He said all their public input fell on deaf ears and something is wrong with that scenario. He said dense homes north on Orange Boulevard will destroy their rural community. He referred to the site plan (received and filed) and said he will gladly accept development of one acre per homesite without destroying any of the existing 200’ tree lines on Michigan Avenue, giving his neighbors a reasonable 50’ landscaped buffer on all sides, and a permanent concrete block wall around all sides of the development. His written comments were received and filed

David L. Scott, 5341 Michigan Avenue, addressed the Board to state, to him, this is nothing more than a profit for a group of local people and nothing for the residents. He said the developer is devaluing their homes. He stated the developer is talking about putting 10 houses per 2½ acres and that is unreasonable; that is too many homes. He discussed the impact this will have on the Sheriff’s Office and medical and fire services and said these would have to be increased which would be more taxes to the citizens. He stated the solution to the problem is to vote the issue down today and come up with a plan that is going to suit everybody.

Diane Hood, 5070 Ohio Avenue, addressed the Board to state she is opposed to the changes proposed by CFG. Further, she said giving notice to property owners within 300 feet is not acceptable in an area where homes are several hundred feet apart. This does not get enough of the people involved. She said the subdivision is not compatible with the homes involved. The new homes on the north side in Forrest Cove are on one acre lots. There are small homes in the area and some mobile homes, but the trend is for larger homes on these lots. It does not justify high density homes just because this is an area in transition. She said she hopes Commissioner McLain has not made up his mind on this project because he stated he prefers PUD. She said in rural areas, there will be a lot of variations in the homes and that doesn’t bother her. Her written comments were received and filed.

Chairman Henley read into the Record the written comments submitted by Ezara E. Genito, Jacquelyn Smith, Mr. & Mrs. Mike Butera, Faith Jones, Bob Bugnacki, Kris Bugnacki, Clarence Hammer, Angie Bailey, Nelson and Macrella Bryan, Dennis Miller, Claude Hittell, Mildred Geiger, Mary Swinney, Fred and Mary Burrows (with pictures), and Virginia Arent.

Commissioner Morris advised that form letters in opposition were also submitted from Mrs. Arent, Mr. & Mrs. Lindsey, Mr. & Mrs. Snowden, and Mr. George Arent.

Additional form letters in opposition were submitted from Steve Sorenson, William and Elizabeth Anthony, Mark Dettmer, Marlene Burk, Opal Dorn, Debra Davidson, Anthony Davidson, Steven Cano, Linda and Tim Gurtis, Frank Eisele, Rita Eisele, Kelly McCuller, Ezara Genito, Paul Basehore, Shelia Thurber, and Keith Jenigen.

Petitions, as shown on page __________, in opposition were also submitted to the Record.

Speaker Request Forms and Written Comment Forms were received and filed. Other pictures submitted to the Board were received and filed.

Attorney Wright responded to some of the issues raised concerning the natural buffer, Giles contract, PUD zoning, urban sprawl, level of service on Orange Boulevard, wetlands, wildlife and eagles, range of values for the homes, conservation development, and the bears.

Upon inquiry by Commissioner McLain, Attorney Wright said the developer could commit to home values of $115,000 to $140,000.

Commissioner Van Der Weide left the meeting at this time.

Commissioner McLain also discussed the sizes of the homes and the lighting.

Commissioner Maloy discussed who would be responsible for maintaining the 10 foot easements and asked about the Medium Density Residential across the street.

Attorney McIntosh, representing the Giles, addressed the Board to state the contract with the Giles was executed on March 17 and he believes it is in the County’s file.

No one else spoke in support or in opposition.

Commissioner Morris questioned staff about the process if this item is transmitted to DCA.

Commissioner Van Der Weide reentered the meeting at this time.

District Commissioner McLain stated he thinks this area is one currently in transition, and he thinks it is appropriate to follow the staff recommendation and move this forward to the Department of Community Affairs. When this comes back for site plan approval and the actual zoning, he will looking for similar type arrangements as in the Aloma Woods area where they were able to successfully work with the residents.

Motion by Commissioner McLain, seconded by Commissioner Morris, to transmit Planned Development land use, with staff findings, to the Department of Community Affairs for review and comments, for property located north of Orange Boulevard, east and west of Indiana Street and north and south of Ohio Avenue, containing approximately 95 acres; as described in the proof of publication, CFG at Chapman, Inc.

Under discussion, Commissioner Maloy stated he hopes the developer can modify this plan a little. He said in Aloma Woods, they did a little different type lighting and more preservation of trees. He would also like to see the site plan with more traffic calming devices. He added that he would like to stipulate that the environmental laws be strictly adhered to.

Chairman Henley stated he will support the District Commissioner’s recommendation because no definite decision is being made tonight except to transmit the land use.

Commissioner McLain asked staff to be proactive in communicating with all the community and get some of these issues resolved.

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

Chairman Henley recessed the meeting at 9:35 p.m. and reconvened it at 9:45 p.m.

Proof of publication, as shown on page _________, calling for a public hearing to consider Amendment from Commercial to High Density Residential and Rezone from C-1 (Retail Commercial) to R-4 (Multi-family Dwelling); property located west of Alafaya Trail and south of Econ River Place, containing approximately 50 acres, Brossier Co., received and filed.

Ms. Matheny stated staff recommends approval of High Density land use with findings that it would be: (1) consistent with the locational criteria of the County’s Comprehensive Plan relating to the High Density Residential land use designation; (2) compatible with development trends in the immediate vicinity; (3) consistent with adjacent Industrial, High Density Residential, Planned Development, and Commercial land use; and (4) consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. Staff recommends that the subject request for rezoning: (1) is in compliance with the applicable provisions of the Seminole County comprehensive Plan and the Seminole County Land Development Code related to high density residential, and (2) the request would be compatible with surrounding development. Therefore, staff has no objections to the rezoning to R-4 and A-1, subject to the post-development floodprone areas being rezoned to A-1.

Ms. Matheny advised the Planning and Zoning Commission voted 4-1 to recommend approval of High Density Residential land use with staff findings and approval of R-4 zoning, subject to post-development floodprone areas being rezoned to A-1.

Jay Jackson, representing the applicant, addressed the Board to state they have worked with staff and are in agreement with their recommendations. He said they are looking at a two to three-story project. He did not have the rental rates. He said they are looking to have 300 units maximum and may fall below that.

Mr. Jackson advised Commissioner Van Der Weide he didn’t feel traffic would be a problem. He said he didn’t feel the project will cause traffic as compared to commercial. Whereupon, Commissioner Morris questioned the number of trips per apartment. He said staff has made the recommendation, but he thinks the project is maxing out the levels on an already congested area. He said he doesn’t see that traffic will not be a problem.

Ms. Matheny stated regarding the recommendation for density, that even though the developer is showing high density, there is a lot of open space and the project is well buffered. The buildings will be over 700’ from the river and any properties to the south. Also, the property is adjacent to industrial and commercial and staff felt the high density would not adversely impact any existing residential areas. She said she indicated to the applicant that parking spaces may be an issue and is something staff would look at when this item comes back this summer.

Commissioner McLain said it concerns him that the applicant has come in with no particular plans for the property. He also has some concerns on why he doesn’t have to hold the line on the density.

Commissioner Morris said he concurs that the traffic is better than it would be with commercial. He thinks the issue is how much density is too much density with a road that is already stressed.

Mr. Groot advised that the Board can express as to what range of density would be reasonable prior to DCA’s comments. He said the motion is to transmit to DCA or to not transmit.

Commissioner McLain said he thinks the applicant would understand that 23 units per acre is too high a density for the Board to feel comfortable with.

Mr. Jackson stated they don’t have a specific apartment user yet. They worked out the plan with a building layout they typically use and came up with 23 units per net acre. He said they are dealing with 300 units. He will discuss this with his client.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris, to transmit High Density Residential land use with staff findings, for property located west of Alafaya Trail and south of Econ River Place, containing approximately 50 acres; as described in the proof of publication, Brossier Co.

Under discussion, Commissioner Maloy said it sounds like the applicant is aware of the Board’s concerns so he will look forward to seeing a revised plan.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment from Low Density Residential to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located south of Red Bug Lake Road and east of Brooks Lane, containing approximately 23 acres, Hugh Harling, received and filed.

Ms. Matheny stated staff recommends denial of Planned Development land use with findings that Planned Development land use, as proposed: (1) would be inconsistent with the locational criteria of the County’s Comprehensive Plan relating to the Planned Development land use designation and with policies regarding design and open space within Planned Development projects; (2) would be incompatible with development trends in the immediate vicinity along Red Bug Lake Road and Brooks Lane; (3) would be inconsistent with adjacent Low Density Residential land use, and with single-family development in the immediate area; (4) is inconsistent with Plan policies regarding strip commercial uses; (5) would be inconsistent with Plan policies regarding transitional land uses; and (6) would be inconsistent with Plan policies identified at this time and, therefore, is inconsistent with the Seminole County Comprehensive Plan. Regarding the rezone, staff recommends that the subject request: (1) is not in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to Planned Unit Development; (2) The request would be incompatible with surrounding development, and (3) PUD zoning, as proposed, does not provide for an appropriate transitional use in this area.

Ms. Matheny advised the Planning & Zoning Commission unanimously recommended approval of the land use with findings and unanimously recommended approval of the rezoning subject to conditions.

Hugh Harling, Harling Locklin, 850 Courtland Street, Orlando, representing Charles and Malcolm Clayton and Jack Spillane, addressed the Board to state they have met with the neighborhood on three occasions, but they never came to closure. He said from a professional standpoint, it does not look like total and complete closure between his client and the homeowners associations is possible. Mr. Harling submitted information (received and filed) giving a chronology of events with this project. He said this is a situation where the homeowners are looking for low density residential and his client is looking for high density as a land use. He reviewed the items from the Red Bug Coalition meeting of February 25, 1999, and stated the Coalition gave them three choices: to go to LDR only, pull the application, or transmit the plan and pull the rezoning and end up with a cap of 125 to 185 units maximum. He referred to the letter to Mr. Dickens and said the applicant has agreed to Item 3 choice. Mr. Harling reviewed the letter from Mr. Dickens stating they oppose the amendment application. Mr. Harling said they have amended the rezoning application to delete all commercial. He reviewed the major revisions needed. He showed a picture of the project they were proposing last year which was heavily commercial oriented and was pulled. Mr. Harling showed and discussed the final development plan which was revised per the homeowners’ request. He said this plan shows a tighter cluster and 75’ of natural buffer. He showed an aerial of the subject property and discussed same.

Greg Pryor, 1478 Thornhill Circle, representing the Red Bug Residential Coalition, addressed the Board to state they are in opposition. He submitted to the Record petitions, as shown on page __________, from homeowners of various subdivisions. He said they would like to see land development in areas consistent and compatible with surrounding areas. They bought their property with the belief that the Comprehensive Plan was a covenant to protect the rights of the property owners consistent and compatible with their neighborhoods. He said they are here to encourage development that does not take away their property values.

Mike Kraus, Vice President of Cobblestone Homeowners Association, addressed the Board to review the chronology of key dates and events (copy received and filed) submitted to the Board.

Commissioner McLain left the meeting at this time.

Mr. Kraus said they have seen nine different plans and this has been an illusion to cooperate. He stated the Comprehensive Plan says Low Density Residential. They do want development that is compatible, but they have yet to see that. He asked the Board to say no to this request.

Commissioner Van Der Weide stated, in defense of the applicant, that the fact the applicant met with the homeowners and there were nine different plans is significant. He said that is beyond normal. He explained that the land plan comes up twice a year for review and that it is a living document that is changed.

Commissioner McLain returned to the meeting at this time.

Gary Dickens, 631 S. Orlando Drive, Winter Park, Consultant, addressed the Board to state he does not live in the immediate area but was hired by the Coalition. He said the Coalition was concerned that the details they talked about in the meeting were not spelled out in the letter. He said the point is that if you were not at the meeting, you don’t know what happened. That has been a challenge to discussions in these meetings because the targets are moving around. He said the Board needs to consider the capacity of the road west of Tuskawilla and not just the part directly in front of it. He showed and discussed the following: map of Coalition Members & Land Use Relationships, charts of "The Benefit of the Doubt Scenario," "The Probable Development Scenario," and "Requested vs. Current Density; Units Per Acre." These were received and filed with a copy of the "Chronology of Key Dates and Events." Mr. Dickens said there are other subdivisions going on this road but these units are where they were planned for, and that is where this project should go. His comments were received and filed.

Attorney Fred Leonhardt, 201 E. Pine Street, Orlando, representing the Red Bug Residential Coalition, addressed the Board to state they are saying LDR designation has been the designation for this property a long time and it is a consistent designation. They have anticipated the property would be developed consistent with LDR designation, and that is where they have been throughout this process. He thinks the professionals on the County staff and those brought in by the homeowners association make the compelling case that there has not been a sufficient change in this neighborhood to compel a change in the Comprehensive Plan designation. He thinks the comments made by staff are very consistent in keeping this as a single family residential area. He said the applicant can come back with a LDR plan and a good return can still be obtained by the developer. He asked the Board to turn down this application for a change in the Comprehensive Plan.

Attorney Charlotte Warren, Lafayette Forrest Subdivision, representing the Lafayette Forrest Homeowners Association and Red Bug Residential Coalition, addressed the Board to state the development of high quality, single family homes in this area would continue the established integrity of the community and also create a tax base that is consistent with the use and needs of the existing and future residents on this property and surrounding area. She said by approving high density residential use on this property, the Board would be opening wide the floodgates for the same such type development on neighboring properties. Further, she said the homeowners have never been unreasonable in their position on development of this property; however, to this point, they have not been presented with a proposal they can live with or support. She stated it is the applicant’s burden to demonstrate why an amendment to the Comprehensive Plan is warranted. She said the applicant has failed to give one compelling reason as to why high density development will positively impact the surrounding communities such that a plan amendment is warranted. She quoted from the 1998 minutes of the Land Planning and Zoning Board where Mr. Harling admitted that a multi-family use for this property was inappropriate. She asked the Board to vote to deny this proposal.

Chairman Henley noted that Written Comment Forms will be submitted to the Record.

Mr. Harling responded that they have tried to show that from a consistency standpoint of view, there have been significant changes along the Red Bug Road corridor and the amount of traffic would make a single family subdivision a terribly bad decision in the long term. Also, from a compatibility standpoint, a cluster internally with this specific site plan will make a very minimal impact on visibility to the other residents. He said Seminole County has spent money for infrastructure improvements in this area that support a higher intensity than low density residential.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed. Also, a letter from Pete Olavarria in support of the current LDR designation was received and filed into the Record.

District Commissioner Maloy stated he thinks there are certain benefits for changing the land use and it is a mistake to say they are not going to look at anything other than LDR or not change the Comprehensive Plan. However, he thinks there is enough evidence tonight to show that high density residential would be incompatible.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to deny Planned Development land use with staff findings that it is incompatible with surrounding development, for property located south of Red Bug Lake Road and east of Brooks Lane, containing approximately 23 acres; as described in the proof of publication, Hugh Harling.

Under discussion, Commissioner McLain commended the community for being organized and coming before the Board and giving a professional presentation. He said, based on the staff recommendation that this is an area that has gone through transition, he will be supporting the motion.

Commissioner Morris stated the issue dealing with traffic and not having LDR on four and six lane roads would indicate that, some time in the future, every property on Tuskawilla Road should go to some higher use than currently contemplated. He said the foolishness of the premise of that thought is inherent in that this is being done on miles and miles of roads. He said it is a long-term policy the Board needs to consider because they consistently hear arguments from developers that with widening of roads, higher density and other uses must be allowed, when the reality is not there. He said another concern is the surrounding land uses and the potential future development. He said it is not just this site to be considered, but the additional ones that would come on line.

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

Commissioner Maloy left the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment from Low Density Residential to Higher Intensity Planned Development - Target Industry and Rezone from PUD (Planned Unit Development) to PUD, Klein Co., for property located on the west side of Grantline Road, at the east end of 1^st Street, received and filed.

Ms. Matheny stated staff is recommending approval of Higher Intensity Planned Development - Target Industry (HIP-TI) land use, with findings that HIP-TI land use, as proposed, would be: (1) consistent with the locational criteria of the County’s Comprehensive Plan relating to the HIP-TI land use designation; (2) compatible with development trends in the immediate vicinity; (3) consistent with adjacent Low Density Residential and HIP-TI land use; (4) consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. Regarding the rezoning, staff recommends that the subject request: (1) is in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to Planned Unit Development; and (2) The request would be compatible with surrounding development. Therefore, staff has no objections to the rezoning to PUD subject to: (a) Coordinate the location of the proposed access location on Grantline Road through the Engineering Division to accommodate a proposed median opening with construction of the Grantline Road extension; (b) Install left and right turn lanes on Grantline Road; (c) Dedicate additional right-of-way to Seminole County on Grantline Road as needed to accommodate associated improvements (right turn lane and relocation of sidewalk); (d) Dedicate additional right-of-way to Seminole County on Fifth Street to provide a 50’ right-of-way width; (e) Vacate existing rights-of-way in the western part of the site prior to approval of this Master Plan; (f) Set back all buildings a minimum of 50’ from any residential zoning district or land use; (g) Set back all parking a minimum of 25’ in the form of a buffer from any residential zoning district or land use; (h) Provide a pedestrian access along Grantline Road and Wilson Road to Wilson Elementary School; however, this improvement will not be needed if the School Board provides bus service to the school; (i) Contract for Grantline Road extension must be let prior to building permit issuance. Construction vehicles may not utilize existing rights-of-way through residential areas to the north and west. If construction commences prior to the completion of Grantline Road to the site, the applicant must provide an alternate construction route; (j) No Certificates of Occupancy shall be issued until Grantline Road construction is complete and open to the public for use; (k) As required by code, install a 6’ high wall with a double row of trees when adjacent to residential land use or zoning; (l) Unless otherwise noted, all development must comply with the R-3 standards of the Land Development Code; (m) Construct wall as early as possible during construction to protect the residential areas; (n) Save trees along Sylvan Avenue; (o) Use reclaimed water when possible; (p) Use low intensity lighting and mitigate lighting that carries onto adjacent residential properties; (q) Utilize shoebox lighting fixtures; (r) provide direct access from the project to the Seminole Wekiva Trail; and (s) Tennis court lighting to be turned off at 10 p.m.

Ms. Matheny advised the Planning & Zoning Commission voted unanimously to recommend approval of Higher Intensity Planned Development-Target Industry land use, with staff findings, and unanimously recommended approval of the PUD rezoning, subject to proposed conditions recommended by staff.

Commissioner Maloy reentered the meeting at this time.

Attorney Ken Wright, Shutts & Bowen, representing the applicant, addressed the Board to state they concur with the staff recommendations. He said the net density has been reduced from 399 to 306 units. He advised they are asking that Condition "M" to require a brick wall be deleted. He said Condition "K" provides for the Code requirement that there be a wall and landscaping in all areas where development abuts residential.

Upon inquiry by Chairman Henley, Attorney Wright said the applicant agrees with Condition "D."

Ms. Matheny advised Commissioner McLain that staff is in agreement with the brick wall being deleted. She advised staff already renumbered and there is a new Condition "M" as listed.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to transmit Higher Intensity Planned Development-Target Industry land use with staff findings A-S, for property located on the west side of Grantline Road, at the east end of 1^st Street; as described in the proof of publication, Klein Co.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment from Low Density Residential to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located south of Hughey Street and 700 feet east of Rinehart Road, containing approximately 36 acres, Wallace R. Devlin, received and filed.

Ms. Matheny stated staff recommends approval of Planned Development land use, subject to the zoning conditions identified and with findings that Planned Development land use, as proposed, would be: (1) consistent with the locational criteria of the County’s Comprehensive Plan relating to the Planned Development land use designation; (2) compatible with development trends in the immediate vicinity; (3) consistent with adjacent Low Density Residential and Higher Intensity Planned Development land use; (4) consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. Regarding the rezoning, staff recommends that the subject request: (1) Is in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to Planned Unit Development; and (2) The request would be compatible with surrounding development. Therefore, staff has no objections to the rezoning to PUD subject to: (1) Provision of a double row of canopy and sub-canopy trees along the west property line; and (2) Rezone only those areas above the post-development floodplain.

Ms. Matheny advised the Planning & Zoning Commission voted unanimously to recommend approval of Planned Development land use with staff findings and unanimous approval of the rezoning to PUD subject to rezoning only those areas above the post-development floodplain.

Commissioner McLain questioned staff on the buffers. He said if this amendment is approved for transmittal, he wants to meet with staff to review and evaluate the buffering to make sure there are no problems with inconsistencies in not having proper buffers.

Attorney Dwight Satoff (phonetic), Bakerman, Senterfitt & Edison, 255 S. Orange Avenue, representing the applicant, addressed the Board to state he met previously with Commissioner McLain on the buffering. He said they have provided a substantial amount of buffering on the east boundary line as well as on the south boundary line.

Commissioner McLain said he would like to meet again so he can review the site plan and make sure they are all comfortable with it.

Mr. Groot left the meeting at this time.

Chairman Henley submitted to the Record the Speaker Request Form for Keith Ivey who indicated he wished to speak in support of the action on this item, but had left the meeting.

Dick Miller, 130 Woodridge Trail, addressed the Board to state he lives directly across from this project on East Twin Lake. He said he was told that Mr. Devlin said they would not only buffer the project, but they would have no boats on the lake and he was thinking of moving the clubhouse to an open area across the lake as opposed to having three-story apartments at that position.

Commissioner McLain suggested Mr. Miller review the site plan and if he has any questions, call him so they can meet personally and review the site plan. He also requested the applicant to contact Mr. Miller.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris, to transmit Planned Development land use with staff findings, for property located south of Hughey Street and 700 feet east of Rinehart Road, containing approximately 36 acres; as described in the proof of publication, Wallace R. Devlin.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment to Table 2.3 of the Seminole County Comprehensive Plan (Seminole County) and Amendment to the Future Land Use Element (Definition of the Suburban Estates Land Use Designation) of the Seminole County Comprehensive Plan (Seminole County), received and filed.

Ms. Matheny corrected the error on the agenda advising it should read Table 2.3 instead of 2.1. She presented the request for the amendments.

Mr. Groot reentered the meeting, and Commissioner McLain left the meeting at this time.

Ms. Matheny explained to Commissioner Maloy that the change would allow some smaller lots without increasing density.

Upon inquiry by Commissioner Morris, Planning and Development Director, Frances Chandler, addressed the Board to state she doesn’t see a downside to the changes. She said this would provide some incentive to maintain one building unit per net buildable acre.

Commissioner McLain reentered the meeting at this time.

Keith Schue, 30641 Edgewood Street, Mt. Plymouth, representing the Sierra Club, stated from the discussion, this looks like a good thing allowing for clustering and not increasing the total density. However, he said the definition of Suburban Estates has no mention of maintaining the one net buildable acre and if that can be added, he would not have a problem.

Whereupon, Mr. Dwyer offered language, amended by Mr. Schue, to state "provided that maximum density does not exceed one unit per net buildable acre."

Mr. Schue submitted his written comments (received and filed) and comments from Susan Kairys-Courech, Sierra Club (also received and filed).

Arlen Charters, 2343 Springs Landing Boulevard, addressed the Board to state Commissioner Morris advised him if he came to enough meetings, he would see the Board siding with the citizens and voters, and the thanked the Board for that.

Mike Rich, Chuluota, representing the Coalition for Responsible Government, addressed the Board to ask what would be the buffer size for compatibility around the perimeter for one acre for Suburban Estates PUD. Ms. Chandler advised him that would be decided at the zoning hearing.

Commissioner Van Der Weide left the meeting at 12:10 a.m.

Ms. Chandler further answered Mr. Rich that zoning action would be sensitive to whatever is next to the subject property. Mr. Dwyer advised Mr. Rich that PUD is looked at on a site-specific basis. They also discussed open space requirements.

Mr. Groot offered language amendment in the definition of Suburban Estates, including the amendment by Mr. Schue, to read "PUD zoning provided, however, that density shall be computed on the basis of one dwelling unit per net buildable acre; provided further that clustering shall not cause incompatibility with adjacent parcels and shall be directed internal whenever possible."

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to amend Table 2.3 and the Suburban Estates future land use designation, with staff findings and amended language suggested by the County Attorney.

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

Motion by Commissioner Maloy, seconded by Commissioner McLain, that the public hearing for adoption of the 1999 Large Scale Plan Amendments and Associated Rezonings will be held on July 13, 1999.

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

Commissioner Morris stated the Attorney had briefed him on the item from the Central Florida Sports Commission and he now understands this was a good recommendation.

Motion by Commissioner Morris, seconded by Commissioner McLain, to approve sending a letter of support, as shown on page __________, to Senator Toni Jennings and Senator Fletcher with regard to the BCC supporting granting the Sports Commission a state sales and use tax exemption.

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

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Chairman Henley referred to the letter from Hernando County (copy received and filed) requesting a letter of support from the Board. Deputy County Manager, Cindy Coto, stated this legislation would not affect County utility customers, but the constituents served by private utility companies would be affected.

Chairman Henley asked Mr. Groot to draft a letter on behalf of the Board to communicate their concerns.

Motion by Commissioner Morris, seconded by Commissioner McLain, to authorize the Chairman to work with Mr. Groot and determine if the legislation is what it appears to be and, if so, authorize the Chairman to execute and forward the letter.

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

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Chairman Henley stated he and Ms. Coto held a brief discussion and he recommended going back to the Agenda Review sessions to see if they can improve not having too many items at one time.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 12:27 a.m., March 24, 1999.

ATTEST_______________________Clerk______________________Chairman

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