BOARD
OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, March 26, 2002, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Dick Van Der Weide (District 3)(Late)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Absent: Commissioner Randy Morris (District 2)
Pastor E. A. Reuscher, Lutheran Church of the Redeemer, Sanford, gave the Invocation.
Commissioner Grant Maloy led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Maloy, to adopt appropriate Resolution #2002-R-38, as shown on page _______, proclaiming the month of April 2002 as “Child Abuse and Neglect Prevention Month”.
Districts 1, 4, and 5 voted AYE.
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Motion by Commissioner Henley, seconded by Commissioner Maloy, to adopt appropriate Resolution #2002-R-39, as shown on page _______, recognizing Art Grindle as “Businessman of the
Year” and proclaiming April 10, 2002 as “Art Grindle Day”.
Districts 1, 4, and 5 voted AYE.
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Commissioner Van Der Weide entered the meeting at this time.
Motion by Commissioner Henley, seconded by Commissioner
Van Der Weide, to adopt appropriate Resolution
#2002-R-34, as shown on page _______, proclaiming the week of April 7 – 13,
2002 as “National County Government
Week”.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Henley presented the Resolution to Ken Roberts, Chairman of National County Government Week, who expressed thanks to the Board for recognizing National County Government Week. He said he thinks it is very appropriate during this particular time that they focus their energy on protection levels at home as well as throughout the nation.
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Motion by Commissioner Maloy, seconded by
Commissioner Van Der Weide, to adopt appropriate Resolution
#2002-R-37, as shown on page _______, proclaiming April 11, 2002 as “Volunteer Appreciation Day” in Seminole
County.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Maloy presented the Resolution to Diane Eswine, Chairman of the Volunteer Appreciation Reception, who expressed thanks on behalf of all the Seminole County volunteers. She announced that on Thursday evening, April 11, the Commissioners are inviting the volunteers to a dinner in appreciation for everything they have done for Seminole County.
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Stefany Strong, Public Information Officer, Seminole Expressway Project II, addressed the Board to update them on the Expressway project. She submitted a map (received and filed) of the project location. She stated things are going very well. She described the three sections of the expressway that are currently under construction. She advised they are ahead of schedule and she is confident the expressway will be open to Rinehart Road within the next 60 days. She stated she would update the Board on the exact date when she has that information. She also stated they are looking to have Section 3 completed by the fall of 2002. She explained the expressway road gives the motorists an option when traveling on I-4. They are expecting between 8,000 to 9,000 cars daily from I-4 to use the expressway.
Commissioner Henley commented on the landscaping being done, and Ms. Strong stated the Board will be very pleased with the way things look when the landscaping is completed.
Commissioner Van Der Weide stated the expressway is great news to the region, the partners in Volusia County, and anybody going towards Orlando on I-4. It will be another benefit to Seminole County. He expressed he thinks the Expressway Authority has done a very good job and he appreciates Ms. Strong coming today.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve and authorize the following:
6. Approve and execute Purchase Agreement, as shown on page _______, relating to
the Reeser and Hayne property, Parcel Numbers 125/725 of the Wymore Road road
improvement project, located approximately 1/4 of a mile south of State Road
436 on the west side of Wymore Road, Altamonte Springs, in the amount of
$98,821.56 inclusive of attorney’s fees and costs.
7. Approve and execute Purchase Agreement, as shown on page _______, relating to
the Corporation of the
Presiding Bishop of the Church of Latter-Day Saints property, Parcel
Number 124 of the Lake Emma Road road improvement project, located at the
northeast corner of Lake Emma Road and Greenway Boulevard, in the amount of
$15,500.00 with no attorney’s fees or costs incurred.
8. Authorize Binding
Written Offers on the following Airport Boulevard Phase III road improvement
project parcels: Parcel Numbers 108,
109, 110, 111, 113, 114, 115/116, 117, 119, 122/722, 123, 124, 125, 126, 127,
128, 129, 132, 138/221, 145, 146/222, 147, 148, 151/751, 152, 153, 159A/B/C,
161, 163, 164A, 177, 178, 179, 184, 195, 196, 197A/B, 214, 223, 720.
Districts 1, 3, 4, and 5 voted AYE.
Deputy County Attorney Stephen Lee stated the legislative session ended last week without resolving the budget. The Legislature will be back in special session in April to deal with the budget. Therefore, the Medicaid cost share is still “in the air.” He said the Legislature did adopt the bill on billboards regarding compensation, requiring compensation when billboards are removed. The bill did exempt some of the larger counties by description. He stated the larger counties were included last year, so a veto by the Governor may not be as strong this year.
Deputy County Manager Sally Sherman addressed the Board to state if the Board wishes staff to draft a letter to the Legislature in opposition, they would do so.
Commissioner Henley said he suggests bombarding the Legislature and trying to get the cities and everyone else to support doing so.
Motion by Commissioner Henley to authorize the Chairman, on behalf of the Commission, to send a letter or e-mail to the Governor asking him to veto the Billboard bill, and encourage staff to contact all the cities to do the same.
Chairman McLain called for a second to the motion without response, whereupon, the motion died for the lack of a second.
Commissioner Van Der Weide stated the County is working on some of the issues in Tallahassee with the same people who supported this bill; particularly, the regional transportation issues. He would be hesitant about sending a letter.
Mr. Lee stated he will give an update on all the things the Legislature has done, hopefully at the next Board meeting.
Commissioner Van Der Weide advised the Fair Share bill did pass in both houses, and the region will benefit $11 million to $12 million additionally a year for regional transportation issues. This won’t take place for another five years due to the Five-Year Work Program already in place. He said the money will go to the DOT district office and be dispensed from there. He thanked everyone involved in this, including the Legislature, MPO, and the Government Consultant hired by the MPO.
Chairman McLain thanked Commissioner Van Der Weide, as Chairman of the MPO, for bringing this together.
Suzy Goldman, Library and Leisure Services Director, and Joe Gasparini, Parks & Recreation Manager, addressed the Board to answer questions by Commissioner Maloy regarding Item #14, Transfer of funds for additional playground equipment at Kewannee Park. Ms. Goldman advised this request does not include fencing at the playground.
Commissioner Henley stated fencing was discussed, but money was not in the budget for it at that time.
Commissioner Maloy stated he is only talking about fencing the playground area.
Ms. Goldman stated she can look at the allocation and will go to the supplier to see if the fencing can be funded along with the other improvements to the playground.
Chairman McLain stated he wants to make
sure there is parity across the County as far as fencing is concerned.
Mr.
Gasparini said several parks in the County have fencing all around. He said it depends on where the park is
located.
Ms. Goldman said she will evaluate whether
the fencing can be included and report back to the District Commissioner.
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Commissioner
Henley questioned how did staff determine the best offer regarding Item #31,
Award of RFP 4139-01, Agreement for acquisition of properties for Natural
Lands.
Colleen
Rotella, Community Resources, addressed the Board to state staff looked at the
overall services and criteria and evaluated the overall best option for the
County. Whereupon, Commissioner Henley
stated he had a difficult time rationalizing that this is the best proposal.
Commissioner
Van Der Weide asked if all the bidders were aware of this much leeway in their
response.
Ray
Hooper, Purchasing Manager, addressed the Board to state there was an
evaluation package in the bid response, and the results are included in the
backup to the agenda item. Whereupon,
Commissioner Henley stated it does not tell the Board any details that were
submitted by the various parties or what was used to do the evaluation.
Mr.
Grace said staff can continue this award to the next meeting and try to get
more information to the Board.
Commissioner
Van Der Weide said he thought the Board established years ago to have at least
a Deputy level position sit in on these decisions. He said there must be some criteria to trigger when to have
higher level management involved.
Mr.
Grace explained that there are so many of these items that it is almost
impossible for a Deputy to sit in on every one. He thinks Purchasing sets a dollar level to have someone sit in
on the decisions.
Commissioner
Henley added that there was effort early on that has resulted in Mr. Hooper sitting
with him on rewriting the purchasing policy.
He said there is a trigger point that requires a Deputy to be present in
the decision-making.
Chairman
McLain stated this item is pulled from the Agenda, as there are no objections.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to
approve and authorize the following:
Environmental Services
9. Authorize staff to
pursue State and Federal funding opportunities available for alternative water
supply sources.
14. BCR #02-53 – $16,114 – Library & Leisure Services – Parks & Recreation – Fund: 00100 – General Fund. The Board approved the transfer of funds for additional playground equipment at Kewannee Park on February 26, 2002. Request these funds be transferred into the appropriate operating account.
15. BCR #02-56 – $150,000 – Public Works – Engineering – Fund: 32100 – Trails Capital Projects Fund. A request for proposal for preliminary engineering, design, permitting and post design services for Kewannee Trail is currently in process. Request transfer to place funds in the appropriate capital account line from reserves in anticipation of the contract award.
16. BCR #02-57 – $250,000 – Public Works – Engineering – Fund: 10101 – Transportation Trust Fund. Funds are needed to construct two turn lanes at the intersection of Lake Mary Boulevard and Longwood Lake Mary Road. Funds are available from the Celery Avenue and Mellonville intersection improvement project that has been moved to the new Sales Tax fund.
17. BCR #02–58 - $9,895,000 – Public Works – Engineering – Fund: 11541 – Infrastructure Sales Tax 2001 Fund. Accounting adjustment to transfer funds from reserves into the appropriate capital account lines to begin implementation of projects funded by the renewed 2001 Sales Tax.
18. BCR #02–59 - $50,000 – Public Works – Roads/Operations/Stormwater – Fund: 11541 – 2001 Infrastructure Sales Tax Fund. Accounting adjustment to transfer funds from reserves to the appropriate capital account line to begin the Palm Springs Road paving project that will be funded by the Renewed 2001 Sales Tax.
19. BCR #02–61 - $399,981 – Public Works – Roads/Operations/Stormwater – Fund: 13000 – Stormwater Fund. The Weathersfield Erosion Control project was completed for less than budgeted. Request the savings be used for construction of the Northwestern Avenue Erosion Control project based on an agreement between the SJRWMD relating to the Little Wekiva River Watershed Management Plan.
20. BCR #02–62 - $45,000 – Public Works – Roads/Operations/Stormwater – Fund: 13000 – Stormwater fund. Cost sharing revenues were received in FY 00/01 from six cities and the St. Johns River Water Management District to provide funding for Watershed Atlas Services. These revenues are now part of the current year’s fund balance and reserves. An accounting transfer is necessary to move the funds into the appropriate account line so that work may commence on the project.
21. BCR # 02–64 - $150,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax Fund/12605 – South Central Impact fund. On March 12, 2002 the Board approved design modifications to the Lake Drive project in order to facilitate right-of-way acquisition. Additional funds are now needed in the project’s design account line and are available in the project’s land account line.
22. Budget Amendment Resolution #2002-R-43, as shown on page _______, $931,084 – Public Works: 13000 – Stormwater Fund. Based on the Third Amendment to the Agreement between Seminole County and the SJRWMD (Contract #99W232, Amendment #3), approved by the Board of County Commissioners on May 22, 2001, SJRWMD will reimburse the County $931,084.30 for the Little Wekiva River Watershed Management Plan – Northwestern Ave., Horselovers Lane, and Sedimentation Basin Erosion Control Projects.
23. Budget Amendment Resolution #2002-R-44, as shown on page _______, $2,870,000 – Public Works: 13000 – Stormwater Fund. Based on the Agreement between Seminole County and the SJRWMD (Contract # SE661AA), approved by the Board of County Commissioners on November 27, 2001, SJRWMD will reimburse the County $2,870,000 for the Lake Jesup Basin – Cameron Ditch and Navy Canal Flood Attenuation and Retrofit Projects.
24. Budget Amendment Resolution #2002-R-45, as shown on page ______, $35,000 – Public Works: 13000 – Stormwater Fund. This resolution recognizes current year cost share revenues that will be received from six (6) cities to provide funding for Watershed Atlas Services under interlocal agreements approved by the Board of County Commissioners on November 27, 2001.
25. Budget Amendment
Resolution #2002-R-46, as shown on page _______, $50,000 – Public Safety: 00100
– General Fund. This BAR accounts for funds to be allocated
by the State of Florida Division of Emergency Management to prepare an Annex to
the Comprehensive Emergency Management Plan on terrorism. This is a companion
item to the grant request on the Public Safety Agenda.
26. Accept and
authorize the Chairman to execute Certificate of Completion, as shown on page
_______, for FC-1140-00/BJC - Forest Creek Lift Station, with Florida
Industrial Electric, Inc., Longwood.
27. Accept and
authorize the Chairman to execute Certificate of Completion, as shown on page
_______, for FC-1151-01/BJC - East Altamonte Sidewalk Construction, with
Cathcart Contracting Co., Oviedo.
28. Award
PS-577-00/BJC, as shown on page _______, Construction Engineering and
Inspection Services for Dodd Road, to HDR Engineering, Inc. (Not-to-Exceed
$1,060,977.50).
29. Approve Amendment
#7, as shown on page _______, to PS-331-95/BJC, Engineering Services for Lake
Drive (Seminola Boulevard to Tuskawilla Road), with Lochrane Engineering, Inc.,
Orlando ($129,040.00) (Time Extension).
30. Award
RFP-4129-01/BJC, as shown on page _______, Right-of-Way Acquisition Services
for Lake Drive Road Improvement, to PBS&J, Orlando (Not-to-Exceed
$250,000.00).
Add-on
Fiscal Services
Administration
42A. Approve and
authorize the Seminole County Environmental Services Department, PEI Division,
to accept grant funds totaling $100,000 and enter into contractual agreement
with the St. Johns River Water Management District, to perform work as
specified in grant application documents.
Districts
1, 3, 4, and 5 voted AYE.
Clerk’s
Consent Agenda
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated March 5 and 12, 2002; and Payroll Approval List, as shown on page _______, dated February 28, 2002.
2. Chairman to execute the following Satisfactions of Judgment/$40 Application of Indigency Fees:
Kimberly Alfred Brown, Case
#01-2741-CFA
Paul A. Chaknis, Case #00-2618-CFA
3. Chairman to execute the following Satisfactions of Judgment/Court Costs:
Lisa Marie Dawson, Case #97-10694-MMA
- $110
Teresa Fry, Case #98-9959-MMA - $243
& $40 Application of Indigency Fee
4. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:
Augusto B. Chaj & Seneca Ins. Co.
- $3,538
David Scott Enck & Accredited
Surety & Casualty - $538
Latisha R. Giacchetta & Accredited
Surety & Casualty - $2,038
Christina Jackson & Accredited
Surety & Casualty - $1,038
5. Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:
Michael C. Barbour, Case #02000034MM - $250
Kathy L. Benitez, Case #01000594CFA - $40
Johnny L. Brown, Case #96004337MM - $250
Vincent Calabrese, Case #01002487MM - $200
Claretha Campbell, Case #87000476CFB - $350
Claretha Campbell, Case #89007858MM - $25
Robert C. Chandler, Case #00004562CFA - $200
Steven L. Cooper, Case #00000264MM - $200
Bradley Cox, Case #861135MM - $100
Michael A. Damsel, Case #01013018MM - $200
Dale W. Garman, Case #00001238CFA - $200
Henry R. Humphrey, Case #99007449MM - $100
Thomas (aka Kraker) Kracker, Case
#91001590CFA - $200
David S. Platero, Case #01000630MM - $200
Miguel A. Ramos, Case #95002153CFA - $175
Christopher Robin Ray, Case #94002923MM -
$200
Ghancomyan Singh, Case #01012100MM - $250
David C. Smith, Case #99000835CFA - $300
Adin R. Sneed, Case #01002523MM - $250
Rondolph J. Sullivan II, Case #01010123MM -
$200
Monette Walker, Case #99003234CFA - $200
Charles R. Watkins, Case #01013718MM - $150
Carlo D. White, Case #00014468MM - $200
Jeanette J. Williams, Case #01002558CFA -
$200
6. Approval of BCC Official Minutes dated February 26, 2002.
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. Right-of-Way
Use Permitting Maintenance Bond #K06586259, as shown on page _______, in the
amount of $11,488.30 for the project known as BJ’s Wholesale a.k.a. Westlake
Supercenter.
2. Maintenance
Agreement and Letter of Credit #STR17854, as shown on page _______, in the
amount of $25,211.38 for the project known as Victoria Manor.
3. Communication
Tower Performance Bond #017005855, as shown on page _______, in the amount of
$15,000 for the project known as Verizon Soccer Field Flag Pole Tower.
4. Private
Road Maintenance Bonds #003996, as shown on page _______, in the amount of
$4,052.90 and #003998, as shown on page _______, in the amount of $5,222.35 for
the project known as Orlando Lake Forest 11B and 13.
5. RFP-4141-01 Tourism Development Research
Service Provider Agreement, as shown on page _______, with Choice
Communications Systems.
6. Notice of Commission Hearing and Prehearing to BellSouth Telecommunications; City of Deltona; NANPA; Neustar Inc.; Sprint-Florida, Inc.; Time-Warner Telecom of Florida; Verizon Wireless and Volusia County re: Docket #010743-TL.
7. Recorded
Development Order #1-600029, as shown on page _______, for Coatam & Krieger
Doctor’s Office.
8. River
Run PUD (St. Johns Yacht) Developer’s Commitment Agreement, as shown on page
_______, as approved by the Board on April 24, 2001.
9. Permanent
Drainage Easement, as shown on page _______, for Carmel by the Lake Condominium
Association, Inc.
10. First Amendment, as shown on page _______, to
the St. Johns River Water Management District Agreement for the Little
Econlockhatchee River-Crane Strand System Retrofit project and stormwater park,
as approved by the Board on July 24, 2001.
11. Work Order #49, as shown on page _______, to PS-532-98,
Tinklepaugh Surveying.
12. Florida Dept. of Environmental Protection,
Florida Recreation Development Assistance Program Project Grant Agreement
#F0151, as shown on page _______, as approved by the Board on September 11,
2001.
13. Work Order #38, as shown on page _______, to
PS-543-99, Ardaman & Associates.
14. Work Orders #8, #9, & #10, as shown on
page _______, to PS-574-00, The Colinas Group.
15. Work Order #5, as shown on page _______, to
PS-551-00, Environmental Management Systems.
16. Work Order #2, as shown on page _______, to
PS-560-00, CPH Engineers.
17. Work Order #48, as shown on page _______, to
PS-532-98, Southeastern Surveying.
18. Recorded Warranty Deed, as shown on page
_______, accepting road improvements within the project known as Tivoli Phase 1
subdivision.
19. Satisfaction of Connection Fees, as shown on
page _______, for the project known as St. Alban’s Anglican Church.
20. Conditional Utility Agreements, as shown on
page _______, for water and sewer service with Orlando Lake Forest Joint
Venture for the project known as Lakeside Fellowship United Methodist Church.
21. Bids as follows: RFP-4143-01; Addendum #1 to IFB-3039-02; FC-1176-02; FC-1175-02;
FC-1169-02; IFB-279-02; CC-1178-02; PS-5113-02; FC-1177-02; RFP-4146-01; and
IFB-280-02.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve and authorize expenditure in the amount of $2,000 from the Law Enforcement Trust Fund to contribute to the Central Florida YMCA’s Youth Scholarship Program.
Districts 1, 3, 4, and 5 voted AYE.
Fire Chief Terry Schenk and DCM Rob Frank addressed the Board to request authorization to develop an interlocal agreement for consolidation of EMS/Fire/Rescue Services with the City of Altamonte Springs.
Mr. Frank stated over the last 90 days, the City and County staffs have met several times and the results have a significant savings for the City and County. He said the estimated savings for the City would be $5.8 million and $3.8 million for the County. The consolidation would mean enhanced flexibility and assignment of personnel equipment, a more even distribution of response times, and improved allocation of incident command resources. Staff is requesting authorization to proceed with the development of an interlocal agreement to define the parameters of a merger.
Chairman McLain referred to the memorandum (copy received and filed) from Cindy Hall, Fiscal Services Director, regarding the merger. He said he is supportive of the consolidation of services; however, he has a concern in reviewing the memorandum, that there are 4.5% reserves in the Fire Fund and he doesn’t see where the County would be providing any reserve money to add the additional responsibilities. The reserve percentage would actually go down. He thinks that needs to be dealt with. Also, he thinks they need to make sure there is some form of dedicated funding that comes directly to the County to provide these services.
Commissioner Henley stated he met with staff yesterday and it became apparent that as they calculated the amount of savings, there were some items not included, particularly for capital improvement. The impact of the City’s equipment on the County’s Capital Improvement Plan would possibly reap some additional savings. He understands that today, staff is asking for authorization to move forward to define some of the questions being asked. He said he does support consolidation and think it is a step in the right direction as long as they can ensure the level of service will not suffer, and it is economically viable and beneficial to the City and County. He understands there is much yet to be worked out in the agreement.
Mr. Grace stated there are some difficult issues to work through, including on the reserves and dedicated funding. He said County staff will meet with the City staff today to see if they can work these out.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to instruct staff to move forward with developing an interlocal agreement to work out the details for consolidation of EMS/Fire/Rescue Services with the City of Altamonte Springs and bring this back before the Board.
Under discussion, Commissioner Henley stated he is hoping the County Manager will give the Board periodic briefings and not just have this item show up on the Agenda.
Districts 1, 3, 4, and 5 voted AYE.
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Tony Matthews, Planner, addressed the Board to present request for approval of Final Planned Commercial Development Master Plan and Developer’s Commitment Agreement for Oak Lane PCD located approximately 200 feet east of US 17-92 at the northwest corner of Oak Lane and Ridge Road; Mike Hattaway, applicant.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve the Final Planned Commercial Development Master Plan and Developer’s Commitment Agreement, as shown on page _______, for Oak Lane PCD located approximately 200 feet east of US 17-92 at the northwest corner of Oak Lane and Ridge Road, Mike Hattaway.
Districts 1, 3, 4, and 5 voted AYE.
County
Manager’s Briefing
Mr. Grace stated he thinks the County is close to an agreement with the property owner for the Jetta Point Acquisition project, and he anticipates this being on the next agenda for Board action. He said the key will be how to fund the project.
Ms. Rotella reviewed the Jetta Point property and staff’s evaluation of the property’s potential for suitability and uses.
Chairman McLain stated at the last meeting he had concerns about acquiring surplus property. After talking with Mr. Grace, he thought they might do a site study and they might need to keep all the property for parks for public use. He understands from Mr. Grace that this is well within the actual appraisals.
Mr. Grace stated he anticipates bringing to the Board for the next meeting a deal below all the appraisals that have been done. He thinks the key point Chairman McLain is making is to go into this for a recommendation for doing a master plan like what is done on other properties and decide what we want to do with this property. He believes the southern end of the property would be more suited to the trail and natural land type uses and use those monies to acquire the property. The north portion is where staff is trying to find general fund money and then look at some type park uses. He thinks it is preliminary for them to make that determination, and they need to keep the flexibility. The Board will decide whether they want to use the property for a park, something else, or surplus it off.
Commissioner Henley stated he had received a letter from a gentleman who represents a very active group. He mentioned to him yesterday about what was done in Oviedo with the park. He thinks it is proper that they master plan a park in the project. Also, consider that as a possibility as they go forward with the City of Winter Springs.
Mr. Grace said he thinks the City is
interested in doing that.
Chairman
McLain confirmed with Mr. Grace that staff does not need any official action at
this time. This item will be on the
next agenda for action by the Board and Mr. Grace will brief the Board
individually before that time.
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Chairman McLain recessed the meeting at 10:20 a.m., reconvening at 1:33 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 3, 4 and 5 voted AYE.
REVISIONS TO FINAL MASTER
PLAN,
Proof of publication, as shown on page _______, calling for a public hearing to consider revisions to the Final Master Plan and Developer’s Commitment Agreement for the Red Bug Village PUD/PCD, for property located north and south of Red Bug Lake Road and east of Dodd Road, Harling Locklin & Associates/Hugh Harling, received and filed.
Planner, Cindy Matheny, addressed the Board to present the request, advising the applicant is proposing to revise the final master plan, which would aggregate several smaller retail shops into a larger facility. The proposed facility will be enhanced architecturally to have the appearance of a “village” shopping center. The remaining commercial development will consist of several retail establishments and be of the same architectural style of the larger building. She stated, in addition, the applicant is requesting an amendment to allow two signs on the Red Bug Lake Road frontage and to adhere to the Lake Mary Boulevard Overlay standards. Also, requested is a change in the hours of operation - retail establishments be limited to 7:00 a.m. to 11:00 p.m., and restaurants be permitted to operate until 2:00 a.m. on weekends. Finally, the applicant is requesting approval of alcoholic beverages as a secondary use associated with a restaurant (not including package sales). She added that staff has no objections to the proposed modifications.
Upon inquiry by Commissioner Henley, Ms. Matheny advised the applicant is no longer asking for a package store.
Hugh Harling, applicant, addressed the Board to advise he has met with the Red Bug Coalition and they have agreed to drop the package store. He said that they are in agreement with the staff and the coalition at this time.
Alan Peltz, 4003 Biscayne Dr., addressed the Board to state that as long as there is no package or liquor store associated with the development, he has no objections.
Ted Seger, 3852 Biscayne Dr., addressed the Board to advise he is representing Hollowbrook Subdivision. He stated he does have a problem with the retail stores opening at 7:00 a.m., because of the traffic backing up on Red Bug Lake Road at that time. He said a second turn lane was supposed to be put in on the north end of Dodd Road when the traffic warranted it.
Chairman McLain stated the County’s Traffic Engineer needs to evaluate that second turn lane to see why it was not put in if it is warranted. Whereupon, Mr. Grace stated staff will follow-up on the turn lane.
Upon inquiry by Commissioner Henley, Mr. Harling stated he believes most of the retail shops will open at 9:00 a.m. However, there may be a restaurant that will open early for breakfast. He added that 1:00 or 1:30 a.m. for closing the restaurant on the weekends would be acceptable.
No one else spoke in support or in opposition.
District Commissioner Maloy thanked the applicant for going back to the drawing board.
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the revisions to the Final Master Plan and Amended Developer’s Commitment Agreement, as shown on page _______, for the Red Bug Village PUD/PCD, located north and south of Red Bug Lake Road and east of Dodd Road, as described in the proof of publication, Hugh Harling, as presented, changing the hours of operation for retail stores from 7:00 a.m. to 11:00 p.m., allowing the restaurant to remain open until 1:00 a.m. on Friday and Saturday nights only; noting delivery hours and that there will be no package store; and approving signage and configuration as requested.
Districts 1, 3, 4 and 5 voted AYE.
No report.
Commissioner Henley advised the Board that the opening of Kewannee Park was Saturday, March 23, 2002; and that the residents expressed their appreciation to the County for the park.
Commissioner Maloy suggested a letter be sent to the Port Authority advising of the opportunity for televising their meetings.
The Board, by unanimous consensus, directed the County Manager to send a letter to the Seminole County Port Authority Director asking him to discuss the subject of televising the Port Authority meetings on SGTV. Copy of letter regarding same was received and filed.
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Commissioner Maloy briefly updated the Board on the ADA bus service with LYNX.
The following Communications and/or Reports were received and filed:
1. Facsimile of letter dated March 15, 2002 from Scott J. Johnson, Holland & Knight, to Robert A. McMillan, County Attorney with copies as noted RE: Riverwind Parking Facility. (cc: Board, County Manager, Deputy County Managers, Planning & Development/Administration, Planning)
2. Letter dated March 14, 2002 from Joseph F. and Ann F. Brieg to Chairman RE: opposition to Oakmonte Senior Villages. (cc: Board, County Manager, Deputy County Managers, Planning & Development/Administration)
3. Copy of letter dated February 22, 2002 from David L. Burman, Sentry Management, to Commissioner Henley RE: Maintaining the law enforcement presence in and around The Crossings and Greenwood Lakes Park.
4. Notice of Public Hearing from the City of Lake Mary RE: Conditional Use approval for hospital related uses in the Lake Mary Commerce Center. (cc: Board, County Manager, Planning & Development/Administration, Planning)
5. Letter dated March 1, 2002 from Joseph Siry, Rollins College, to Chairman RE: appreciation of support of a global warming resolution and additional support efforts supporting the Clean Power Plant Act. (cc: Board, County Manager, Environmental Services)
6. Letter dated March 10, 2002 from Irene Paino to Chairman RE: Consideration for Implementation of Project HEART between Animal Control, Sheriff’s Office. (cc: Board, County Manager, Sheriff’s Office, Animal Control for response).
7. Letter dated March 11, 2002 from Kenneth W. Wright to Chairman with copies as noted, RE: KGB/Lake Howell LLC/Estates at Lake Howell retention pond, landscaping and maintenance of said. (cc: Board, County Manager, Planning & Development/Administration, Planning)
8. Copy of letter dated March 6, 2002 from Thomas L. Cavanaugh, PAC Land Development Corporation, to Amanda Smith, Planning Division with copies as noted, RE: Shadow Creek Apartments/Redbug Village PUD modifications. (cc: Board)
9. Facsimile dated March 12, 2002 from Wendy Saliga to Board and Planning RE: Trinity Retail Center rezoning suggestions for further compatibility. (cc: Board)
10. Copies of letters from Kenneth M. Roberts, Public Safety, to Ernest Champman, Toni Udo, Cornelia Deitzel and Joe Lowery in appreciation for recent donations and assistance.
11. Emails to Chairman RE: objection to Clebourne swimming lessons. (cc: Board, County Manager, Deputy County Managers, County Attorney, Planning & Development/Administration, Planning).
12. Emails from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
13. Letter dated March 12, 2002 from Rachel Carnicelli, Deputy City Clerk, Sanford, to Distribution List as noted RE: annexation of 0.96 acres of property at 1451 Dixie Way. (cc: Planning & Development/Administration, Planning, Supervisor of Elections)
14. Letter dated March 12, 2002 from Rachel Carnicelli, Deputy City Clerk, Sanford, to Distribution List as noted RE: annexation of 0.44 acres of property at 2620 El Capitan Drive (cc: Planning & Development/Administration, Planning, Supervisor of Elections)
15. Letter dated March 21, 2002 from James H. Stark to Chairman RE: support for the zoning change for the senior housing at I-4 and Lake Mary Blvd. (cc: Board, Planning & Development/Administration, Planning)
16. Contract for services, as shown on page _______, between Seminole County and Rocco A. Campanale, Alice Reen and Chris Bavaro, Jr.
17. Letter dated March 21, 2002 from John P. Saboor and Kevin Coulthart to Chairman RE: partnership between the Central Florida Sports Commission and Clear Channel Outdoor for a billboard honoring Garrett Hines, local Olympian and Seminole County resident. (cc: Board, County Manager, Tourism)
18. Email dated March 22, 2002 from Russ and Cheryle Hershkowitz to Board RE: objection to the Wendover Housing Project near Tall Trees development. (cc: Don Fisher, Matt West)
19. Letter dated March 19, 2002 from D. Ray Eubanks, Department of Community Affairs, to Chairman with copies as noted RE: receipt of County’s Small Scale Development Plan Amendment. (cc: Board)
20. Email dated March 21, 2002 from Stephen Lee to Board and Planning & Development Director RE: Bill regarding compensation for billboards that are removed or altered by action of local government. (cc: County Manager, Deputy County Managers, County Attorney)
21. Letter dated March 6, 2002 to Chairman from Carolyn R. Schultz RE: consideration for appointment on County Boards and Committees. (cc: Board)
22. Letter dated March 20, 2002 from Paul Hertko, President, Tall Trees Homeowner’s Association, to Chairman with copies to Board RE: opposition to rezoning of property for Wendover Housing Partners. (cc: Planning & Development/Administration, Planning)
23. Letter dated March 19, 2002 from Kevin Grace, County Manager to Jim Ferber, President Central Florida YMCA RE: more equitable allocation of resources within the five county area. (cc: Board)
24. Letter dated March 16, 2002 from Sam Kendall, Seminole Audubon Society to Chairman RE: concerns regarding the amendment of the design standards in the Wekiva Protection Area. (cc: Board, Planning & Development/Administration, Planning)
25. Letter dated March 18, 2002 from Frank Shelton, Markham Woods Association, Inc. to Chairman with copies as noted RE: denial of the Oakmonte Senior Villages development. (cc: Planning & Development Director, Planning Manager, Cindy Matheny, Project Manager)
26. Email dated March 19, 2002 from Dennis Cobb RE: concerns and opposition to the Plan Amendment at Banana Lake Road and S.R. 46A. (cc: Board, County Manager, Deputy County Managers, Planning & Development Director, Planning Manager)
27. Email dated March 21, 2002 from Bob Rucci to Board with copies as noted RE: Paw Park in Winter Springs. (cc: County Manager, Deputy County Managers, Library & Leisure Services Director, Parks & Recreation Manager)
28. Email dated March 14, 2002 from Judith M. Behrman, Oviedo, to Board RE: concerns in the Oviedo area.
29. Memorandum dated March 19, 2002 from Fran Sullivan to Annette Hatch RE: Approved Minutes of the March 14, 2002 Tourist Development Council meeting.
30. Emails to Chairman received in support of the rezoning request for the Oakmonte Senior Village. (cc: Board, Planning & Development/Administration, Planning, Project Manager)
31. Emails to Chairman received in opposition to the Wendover Housing Partners project near the Tall Trees Subdivision. (cc: Board, Planning & Development/Administration, Planning)
Mr. Grace advised that Imogene Yarborough has issued an invitation for the Board to attend the Seminole County Farm Tour on April 4, 2002 and lunch at the Yarborough Ranch.
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Mr. Grace advised that staff will be bringing back requested information dealing with the EMS fire vehicles (March 12, 2002 meeting) during the April 9th meeting.
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Mr. Grace presented resolution regarding intradepartmental transfers and capital items for Board action.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2002-R-52, as shown on page _______, repealing Resolution #94-R-110, and authorizing the Budget Officer to approve intradepartmental transfers up to $25,000 each and up to $15,000 each for Capital items; and authorizes the Director of Fiscal Services to approve transfers up to $2,500 each.
Districts 1, 3, 4 and 5 voted AYE.
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Mr. Grace advised the Board that their evening meeting on April 9, 2002 will begin at 6:00 p.m., due to the number of land use amendments on the agenda.
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Commissioner Henley stated it seems to him that the Board is drifting more and more into design standards and he wonders if they should be done by ordinance or code. He said he would like staff to take a look at this and try to keep the design standards out of the DCA because they can only be amended twice a year.
Planning & Development Director, Don Fisher, advised staff is reviewing this and will be bringing this to the Board soon.
Commissioner Maloy stated he would want this to apply only to new development.
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Commissioner Maloy requested additional information relating to Item #31, RFP-4139, Master Services for the Natural Lands, Trails, Greenways and Community Development Program Agreement, to include various cost scenarios.
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The Board, thereupon, recessed at 2:02 p.m., reconvening at 7:05 p.m., this same date, 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.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider Comprehensive Plan Amendment from Suburban Estates to Planned
Development: and Rezone from A-1 (Agriculture) to PUD (Planned Unit
Development); property located on the west side of Banana Lake Road,
approximately 3,400 ft. south of CR 46A, Carmen and Fred Edwards, received and
filed.
Chairman
McLain stated the applicant has requested that this item be continued to the
fall cycle.
No
one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to
continue to the fall cycle Comprehensive Plan Amendment from Suburban Estates
to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit
Development); property located on the west side of Banana Lake Road,
approximately 3,400 ft. south of CR 46A, as described in the proof of
publication, Carmen and Fred Edwards.
Districts
1, 3, 4 and 5 voted AYE.
Chairman
McLain stated staff is requesting the Board continue the request for a
Comprehensive Plan Amendment from Public-Quasi Public and Conservation to
Recreation for the Yankee Lake property.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to
continue to April 9, 2002 at 7:00 p.m., or as soon thereafter as possible,
request for Comprehensive Plan Amendment from Public-Quasi Public and
Conservation to Recreation for the Yankee Lake property.
Districts
1, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request for an Amendment from Suburban Estates to Planned Development
for a 20-acre site located west of I-4, east of the Seminole-Wekiva Trail, and
3,000 ft. south of Lake Mary Blvd., Jewish Senior Housing Council, received and
filed.
Cindy
Matheny, Planning, addressed the Board to state staff is recommending that this
Amendment be transmitted as part of the Spring Large Scale cycle with findings
that Planned Development land use would be consistent with Plan policies
related to the Planned Development land use designation; consistent with
adjacent Planned Development and Suburban Estates land uses; consistent with
Plan policies related to mixed-use development; consistent with development
within the Oakmonte PUD to the north; and consistent with Plan policies
identified at this time. She stated
staff feels that the rezoning request, as proposed, would be compatible with
surrounding development and would be consistent with the Seminole County Land
Development Code regarding PUD zoning.
The Local Planning Agency/Planning & Zoning Commission recommended
approval of the PUD zoning subject to:
(1) Maximum building height on the eastern tract shall be 35 ft. with an
additional 10% in height for architectural enhancement. Maximum building height on the western
parcel shall be 20 ft.; (2) The owner shall provide a pedestrian gate for
resident access to the Seminole-Wekiva Trail; (3) The owner shall provide a
split-face block wall with a height of 6 ft. along the west and south property
lines. Within the landscape buffer
adjacent to the wall, the owner shall provide a row of canopy trees and a row
of under story trees, which shall be staggered to provide maximum visual
screening. Trees shall have a minimum
caliper of 3” and the owner shall provide 2 canopy trees and 4 under story
trees per 100 lineal feet of the property boundary. Pines shall not be used to meet the canopy tree requirement; (4)
Buildings within the western tract shall not have flat roofs; (5) Parking
requirements for the western tract shall be one space per dwelling unit, plus
one guest space for every 4 units or fraction thereof. Parking for the eastern tract shall be one
space for each employee on the largest shift plus one space per four beds; (6)
Outdoor recreation amenities provided in the eastern tract are for the benefit
of all residents in the PUD and shall be counted towards the 25% open space
required for the overall PUD; (7) The project shall maintain a 25 ft. wide landscape
buffer and 50 ft. building setback along the west and south property lines; (8)
Access shall be provided via an extension of the Oakmonte PUD internal road
system. No further access shall be
provided through this site to properties to the south; (9) No off-site signage
shall be permitted; (10) Lighting for the outdoor parking lots shall have a
maximum height of 16 ft., including fixtures, which shall be cut-off/shoebox
type fixtures or equivalent; (11) The project shall meet all portions of the Land
Development Code which apply to multi-family development; and (12) On the
western tract, parking and circulation areas shall be separated from the
property line by the residential buildings.
Ms. Matheny stated the Board will not act on the rezoning this evening
until after the transmittal to the Department of Community Affairs. She stated staff has received one letter in
opposition of the request and 91 e-mails in support of the request.
Attorney
Ken Wright, Shutts & Bowen, addressed the Board to state the Jewish Senior
Housing Council is planning to provide a new upper level senior and elderly
housing facilities. The facility will
consist of assisted living and independent living and they do not expect the
facility to be a more intensive assisted care like a typical nursing
facility. The facility will provide
basic services for senior residents with one to three meals a day. The facility will have a valet and
attendance services, programmed activities, and the residents will have shuttle
service to the stores in the immediate area.
He submitted Petitions, as shown on page _______, comprising of 1,448
signatures supporting the request. He
stated 1,300 are residents of Seminole County, 157 reside on Markham Woods Road
and 17 live in Heathrow. At the request
of Attorney Wright, approximately ¾ of those in attendance raised their hands
supporting the project. Petition
response list was received and filed.
Commissioner
Henley aknowledged he received letters in favor of the project and a letter
(received and filed) from the Markham Woods Association regarding this
item. He stated he has spoken to Mr.
Shelton relative to this item as well.
Chairman
McLain stated he also has spoken to individuals regarding this project. A listing of those individuals in support of
the project and in opposition was received and filed.
Commissioner
Henley asked how many employees does the applicant anticipate to be
employed.
Attorney
Wright stated this project was conservatively reviewed by staff relative to the
resident parking and the relationship to the surrounding property.
Howard
Lefkowitz, representing Oakmonte Senior Village, addressed the Board to state
he will defer his comments until later in the meeting.
Winston
Schwartz, 3008 Alatka Ct., addressed the Board to state he has been a resident
and property owner in Seminole County for 15 years. He urged the Board to support and vote in favor of the senior
housing request. He asked the Board to
support the request for the following reasons:
(1) There is a significant current and growing need for this type of
facility. The facility is located
adjacent to I-4, which is a location that is no longer suitable for Agriculture
use; (2) The sponsor and applicant have worked closely with staff to present a
plan which addresses traffic concerns and adjacent property buffers. He said he hopes the Board will join him,
his friends and neighbors in supporting this project.
Upon
inquiry by Commissioner Henley, Mr. Schwartz advised he is a member of the
Markham Woods Association.
William
Sholk, 2217 Smoketree Court, addressed the Board to state he is in support of
the proposed facility. This is a
much-needed service in the area and the minimal amount of traffic that might be
caused by this should not have a negative impact on the project.
Chairman
McLain read Written Comments from Jay Kohn supporting the project.
Leonard
Greenbaum, 1227 East Langley Court, addressed the Board to state Heathrow
Advisory Council has been very concerned about any additional growth within
their community. He stated the
community had hoped to maintain the horses, cattle and ostriches from their
community. He said the community
realizes that something was going to reside in that area. There will be less people driving from that
facility and it will be less of an impact on the residents living there. He stated he is in support of the project
and he knows that the Heathrow Advisory Council is not in opposition.
Frank
Shelton, 14 Stone Gate North, addressed the Board to display an aerial map
(received and filed). He stated he
represents over 1,300 homeowners and their opposition to this project is based
on the incompatibility land use close to a surrounding residential area and the
precedent it sets for future land use in the area. He said he would ask the Board to take one of the following three
actions: (1) Deny the amendment as
being outside the original agreed to PUD boundary arrived at in good faith
after untold hours of deliberations in 1986 and 1987; or (2) Approve the
project with the westerly projection of the project pulled back to 900 ft. from
the nearest subdivision and reorient it south along I-4; or (3) Continue the
proceeding until the fall cycle and have the applicant, staff, the homeowners,
the Catholic Church, the Jewish Senior Planning Council, ZOM and the property
owner meet to reach a suitable agreement.
Approval of this project, as proposed, would be a breach of an agreement
with the surrounding homeowners, Planning & Zoning Commission and the Board
during adoption of the first official Seminole County Comprehensive Plan in
1987 to maintain an agreed to boundary line between the new PUD area and a
minimum one acre lot future residential area between the PUD and the existing
minimum one acre lot subdivisions to the west and south. The homeowners had desired that all
development south of Lake Mary Blvd. be minimum one-acre lots. The citizens and the Board have spent many
hours in 1987 in arriving at the current compromise to allow reasonable higher
intensity development while protecting the surrounding residential area. Nothing has occurred since 1987 that has
altered the factors considered at that time.
He reviewed important points to be considered as outlined in his letter
dated March 18, 2002. These points
relate to decreasing the minimum distance from current residential areas to the
PUD to about 300 ft.; the proposed development, if approved, would set a
precedent for more intense development; asking homeowners to compromise over
and over again; proposed development is far too intense for the peripheral area
of the PUD; applicant claiming that net buildable acre equals gross acreage;
there will be no pedestrian impact from the development; and the traffic light
at International Drive and Lake Mary Blvd. being too long during rush hour, as
outlined in his letter submitted by Commissioner Henley. He asked the Board to protect the integrity
of their community as currently prescribed by the County’s Comprehensive Plan
and deny this request, or as a minimum, require that the two conditions he
mentioned be met.
Jack
Hannahs, 204 Orange Ridge Circle, addressed the Board to state he concurs with
Mr. Shelton’s comments. He stated the
community has indicated that they like to work with the Diocese and the
developer to come up with a real plan.
He requested the Board to allow the residents to sit down with the
applicant to come up with a plan that is reasonable with them.
At
the request of Commissioner Henley, Mr. Hannahs indicated on the aerial map
where the closest home is located to the project.
Joe
Breig, 26 Stone Gate South, addressed the Board to state he understands that
changes to the Comp Plan are permitted, but he believes that any change should
carry a compelling reason to violate previous premises. Such changes should not be frivolous.
Barbara
Fiorucci, 44 Stone Gate South, addressed the Board to state she is a new
resident of Ravensbrook and she chose her home because of the beautiful
farmland behind her house. She stated
the Planning Department told her that this land was zoned for one-acre
residential and the Comp Plan would not likely change. She requested the Board deny this request,
but if approved, then she would ask that it be specified that this will be the
last exception and it will not set a precedent to further destroy the one-acre
residential zoning that is stipulated in the master plan. If the Board grants further changes, then
she will be forced to sue the Board and the County for determinable losses of
property value as well as attorney fees.
Irene
Shelton, 14 Stone Gate North, addressed the Board to state she has lived in the
Markham Woods community for 20 years and she has been active in the community
ever since. She reviewed the community
and its residents. She stated they are
a diverse community and they wish to maintain the one-acre lots.
David
Fitzgerald, 1858 Long Pond Drive, addressed the Board to state having been
raised in a densely populated area all of his life, and when he was given an
opportunity to raise his children in a more rural area, he was told by realtors
that this whole area was zoned for one-acre homes. He stated it is very upsetting to him seeing things beyond his
control.
At
the request of Commissioner Henley, Mr. Fitzgerald indicated on the map where
his home is located.
Dee
Pacha, 224 Orange Ridge Circle, addressed the Board to state she is in
opposition to the project. She stated
when she moved to the community, she was told that this area would be one-acre
homes only. She said she has added to
her home three times assuming that the one-acre lots would be the condition.
Donald
Smith, 24 Stone Gate North, addressed the Board to state he has no additional
comments.
Mrs.
Joan Sparkes, 141 Orange Ridge Dr., addressed the Board to state she is opposed
to this project because she lives at the back of what is going to happen. She stated she has lived there for 10 years
because she was told that it would be one-acre homes.
Chairman
McLain read comments from one without a name on it, Robert Cushman and Ted
Hoyt.
At
the request of Chairman McLain, over 10 people raised their hands that live in
the affected area.
Olive
Gafford, 100 Orange Ridge Dr., addressed the Board to state she would like to
know what would happen to the land to the south if this were approved.
Dennis
Levy, 1829 Long Pond Dr., addressed the Board to state he lives very close to
the project. When he bought his home he
understood that the area would be one-acre site development. He said he is against the requested change.
Irene
Lober, 395 Devon Place, addressed the Board to state she has lived in Heathrow
since 1997. The master plan has
provisions to make changes and as you look at it, the Board should consider
changes that are important to the people who live here. She stated senior citizens do not drive at
night, as they cannot see well.
Aaron
Gorovitz, Lowndes Drosdick Kantor Reed, addressed the Board to state this is a
compatible land use. Everyone struggles
with how to deal with buffers and transition between one-acre lots and apartments
and commercial on the other. He
believes this is a perfect transition project.
The closest 20 ft. building is 550 ft. from the closest home and the
closest 35 ft. tall building is approximately between 900 and 1,000 ft. from
the closest home. Staff feels that this
is a perfect transition project. He
read a letter (received and filed) from Akerman Senterfitt indicating the
Diocese cannot change the proposed delineation of property to be sold. He stated this is an appropriate project for
this area.
Mr.
Lefkowitz stated the facility is a combination of an independent and assisted
living facility for senior citizens.
This facility is designed to provide daily services for people who no
longer are able to do basic services.
The configuration of one of these facilities is important from a
standpoint of people being able to have access to facilities.
Mr.
Lefkowitz explained for Chairman McLain why the layout of the property was
chosen.
Upon
inquiry by Commissioner Maloy, Mr. Lefkowitz advised there will be no traffic
on Long Pond Drive with this project.
No
one else spoke in support or in opposition.
Speaker
Request and Written Comment Forms were received and filed.
Ms.
Matheny explained for Chairman McLain how staff came up with the decision that
this is a compatible use this close to Suburban Estates.
Don
Fisher, Planning & Development Director, addressed the Board to explain how
staff arrived at the compatibility of this development with the buffer from
Suburban Estates.
Chairman
McLain stated when the Comp Plan was approved in 1987, there was discussion
relative to drawing a line in the sand as far as maintaining Suburban Estates
land use in this area. He stated he
would like to know what is the County’s responsibility to both sides. Whereupon, Mr. Fisher explained for Chairman
McLain that the Comp Plan is a fluid document that is intentionally flexible
and available to be changed.
Chairman
McLain recessed the meeting at 8:25 p.m., reconvening at 8:37 p.m.
Upon
inquiry by Chairman McLain, Mr. Fisher advised future development for the
balance of the church property would be single family residential; probably one
dwelling per net buildable acre. He
stated access for the north would go through the existing L & L Acres
property.
District
Commissioner McLain stated Mr. Shelton has indicated that he can support the
project if there is a 900 ft. buffer.
Currently, there is 550 ft. between Ravensbrook and the proposed
development. Staff supports this as
well. Therefore, he would recommend approval
to transmit to the Department of Community Affairs, with staff’s
recommendation.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to
transmit the Comprehensive Plan Amendment from Suburban Estates to Planned
Development for a 20-acre site located west of I-4, east of the Seminole-Wekiva
Trail, and 3,000 ft. south of Lake Mary Blvd., as described in the proof of
publication, Jewish Senior Housing Council, to the Department of Community
Affairs for review.
Under
discussion, Commissioner Maloy stated there is an adult living facility near
his home and it is very low traffic, very quiet and not disruptive at all.
Commissioner
Henley stated he will support the motion to transmit. He said as he has a brother living in one of these
facilities. If this is not going to be
one house per acre, he feels that is the best use for that land.
Districts
1, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider Vision 2020 – Guide to the Journey Ahead, Spring Cycle Amendments,
received and filed.
Alice
Gilmartin, Planning, addressed the Board to briefly review the request as
outlined in the agenda memorandum.
Vision 2020 – A Guide to the Journey Ahead booklet was received and
filed.
Joe
Hurley, 2290 Orange St., addressed the Board to state when he first purchased
his property in the Black Hammock area, it was considered a stormwater
basin. He is now in the 100-year flood
plain and in the stormwater basin and the wetlands. His property was zoned agriculture residential one home per acre
and since that time it has been zoned to one house per 10 acres. Since he has lived in the area, there was
always a ditch area and the farmers kept the ditch. He stated it seems like the City of Oviedo has no problem
retrofitting their stormwater because he is in it. He has lost 18 building lots and this is a problem as he is
losing everything he owns. Every
response he gets from everyone is they understand that he has a problem but
there is no funding to help him out. He
said more water is coming onto his property.
Commissioner
Maloy recommended that Mr. Hurley leave his name and address with the County
Manager to allow him to address his concerns.
Chairman
McLain stated the community was very supportive and they pressured this Board
to support reducing the densities in the Black Hammock community. He stated some members of the Board were
interested in reducing the requirements for property owners to have full 10
acres above the 100-year flood.
Upon
inquiry by Chairman McLain, Craig Shadrix, Planning, addressed the Board to
advise a study has been completed for the Lake Jesup Basin, but he doesn’t know
if the 100-year flood has changed in that location, but based on what Mr.
Hurley is saying it may have.
Chairman
McLain stated Commissioner Morris is the district commissioner and Mr. Grace
needs to address Mr. Hurley’s concerns and report back to Commissioner Morris.
Commissioner
Van Der Weide stated if the County’s study changes the 100-year flood plain,
there is going to be a lot of people that would be affected by it and a lot
would have a potential of making their property unbuildable and worthless. He would like to know if this is going on.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to
transit the proposed Text Amendment to the Seminole County Comprehensive Plan,
known as “Vision – 2020 - Guide to the
Journey Ahead”, with findings, to the State Department of Community Affairs for
review and comment.
Under
discussion, Commissioner Henley stated he feels the staff needs to attempt to
add another element (Energy Conservation) to this and to look for ways to
conserve energy.
Districts
1, 3, 4 and 5 voted AYE.
Mr.
Grace stated the Board could direct staff to do that or direct them to study it
further. He recommended letting
staff obtain more information on this
and bring it back to the Board as a briefing item. The Board voiced no
objections.
Districts
1, 3, 4 and 5 voted AYE.
TEXT AMENDMENT TO THE TRANSPORTATION
ELEMENT OF VISION 2020
Proof
of publication, as shown on page _______, calling for a public hearing to
consider Text Amendment to the Transportation Element of Vision 2020 to add a
policy to aid in preventing cut-through traffic on neighborhood streets,
received and filed.
Alice
Gilmartin presented the request as outlined in the agenda memorandum. She stated staff is requesting adding the
following new policy TRA 10.10 Access Control to Protect Residential Uses,
which reads as follows: “The County
shall require that access to properties fronting on more than one roadway shall
be designed to minimize impact to adjacent residential areas. Access should be permitted only on adjacent
collector or arterial roadways and not on the adjacent local or residential
streets”.
Commissioner
Henley recommended deleting the following from the policy: “and not only the adjacent local or
residential streets”. He stated that
this is too strong of an emphasis and he would like to see stated that the
“access should be permitted only on adjacent collector or arterial roadways”.
Mr.
Fisher stated staff feel that section clarifies that the intent of both
accesses not to be on local or residential streets. He stated he has concerns if that sentence is not placed in that
section, there would be two scenarios with a collector arterial type street and
sometimes they would become questionable as to what is or is not arterial or
collector.
No
one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to
transmit the proposed text amendment of the new Transportation Policy, with
findings, to the Florida Department of Community Affairs for review and
comment, with the deletion of the section of the last sentence of Policy 10.10
as previously indicated.
Districts
1, 3, 4 and 5 voted AYE.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:07 p.m., this same date.
ATTEST:______________________Clerk______________________Chairman
cc/slm/er