The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, April 10, 2001, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Vice Chairman Randy Morris (District 2)

Commissioner Grant Maloy (District 1)

Commissioner Carlton Henley (District 4)

Commissioner Daryl McLain (District 5)

Deputy County Manager Jim Marino

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Absent: Chairman Dick Van Der Weide

County Manager Kevin Grace

Pastor Bruce Scott, First Presbyterian Church of Sanford gave the Invocation.

Private First Class Charles McLain, United States Marines, led the Pledge of Allegiance.

Commissioner McLain stated he would like to let everyone know how proud he is of his son who is in the United States Marines. He stated his son just graduated from Paris Island and while attending the graduation, it was very emotional to see all of those young men and women standing tall to protect this country.

Motion by Commissioner Henley, seconded by Commissioner McLain to adopt appropriate Resolution #2001-R-63, as shown on

page _________, in support of the development of a Florida Global Warming Action Plan and the Earth Day 2000 Clean Energy Agenda.

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Dr. Joseph Siry, State Coordinator, Alliance for Florida’s Future and he addressed the Board to express his appreciation. He stated as energy efficiency and renewable energy sources become more important in the future, Seminole County is the 6^th county in Florida to call on the State to assist what Hillsborough, Broward, Dade, Alachua and Martin Counties have done in the last year.

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Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #2001-R-61, as shown on page _________, proclaiming April 23, 2001 as "Seminole County Volunteer Appreciation Day".

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Gretchen Walker, Chairman of the Volunteer Reception and she expressed her appreciation for the Board adopting this resolution and for hosting the reception that will be held on April 23, 2001.

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Motion by Commissioner McLain, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-62, as shown on page _________, proclaiming the week of April 22 – 28, 2001 as "National County Government Week".

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Chris Grasso, Information Technologies Manager; Kim Patterson, Information Services Supervisor; and Al Hill, GIS Coordinator. Kim Patterson addressed the Board to express her appreciation and she gave a quick update on what staff has been working on recently. She stated staff is participating in an innovation group forum to develop a strategic plan for E-Government. As part of the forum, a citizen advisory board will be established and staff is looking forward to the Board’s participation on this committee.

Frances Chandler, Deputy County Manager, addressed the Board to review the Senate Appropriations Bill relating to Florida Forever Funding. She stated a draft resolution and letter are included in the packet for consideration of the Board to consider adoption.

Motion by Commissioner Henley, seconded by Commissioner McLain to adopt appropriate Resolution #2001-R-66, as shown on page _______, relating to Florida Forever Funding.

Districts 1, 2, 4 and 5 voted AYE.

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Ms. Chandler reviewed the Solid Waste Trust Fund funding. She stated these funds are used to support a number of environmental initiatives countywide, including waste tire amnesty days, environmental enforcement, free on-going tire disposal for all county residents, public education efforts for solid waste management, funding for litter pickup and community cleanup efforts, and subgrants provided to the municipalities to promote recycling.

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Ms. Chandler reviewed the Growth Management bill. She stated the proposed bill allows municipalities to adopt a ½-cent local option sales tax.

Jim Marino, Deputy County Manager, addressed the Board to advise of two add-ons, #21A, BCR 01-89 $8,706 and #30A, Change Order #2 to FC-1131-00. He stated Items #27 and #36 will be pulled from the agenda. He stated Item #47 on the regular agenda will be pulled as well.

Commissioner Maloy stated when Item #37, Trails Protection Ordinance, is brought before the Board, he would like staff to give him a summary of what the citizens would have to go through relative to their property rights.

Commissioner McLain stated he received some information relative to the Greenwood Lakes Park and Kewannee Park. He said $500,000 was committed in the budget to each of these parks and those budgets are being extended by $178,000. His concern is property is being donated by the private sector for the Officer Gene Gregory Park. The private sector will be participating in the development of the park as well as the Sheriff’s Office. At the last meeting, staff was reluctant in finding a way to provide some funding for this park and when he sees the County spending $178,000 over the budget for these other two parks, he has some concerns with this. Discussion ensued.

Vice Chairman Morris stated this issue will be discussed during the budget work sessions in June or July.

Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize and approve the following as amended.

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

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

Vice Chairman Morris advised that Item #47, Agreement between Seminole County and Seminole Community College for Business Incubator Operations has been pulled from the agenda per staff’s request.

Commissioner Henley stated he has asked Mr. Robert Nixon to report to the Board as to how many incubator businesses there are in the area and how many comply with the program.

Robert Nixon, Economic Development Manager, addressed the Board to advise he will be looking at specifically what plans are in place to make this a self-sufficient program. He stated most of that information has been complied and staff is making sure that it is in a format that can be understood.

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Commissioner Henley stated there was an article in the paper this morning relative to the Supervisor of Elections attempting to recover court fees. He asked if staff had any information regarding the possible impact.

Robert McMillan, County Attorney, addressed the Board to advise Terry Young left a message yesterday indicating that they had not granted the motion for attorney fees for the Supervisor of Elections. He stated it isn’t the cost for the entire case, but for the cost of going to Tallahassee. He said he will call Mr. Young back to find out the details of this issue.

Chairman Morris stated Item #49, Rezone request for Florida Power & Light was advertised for 7:00 p.m. and it was placed on the 1:30 p.m. agenda. He asked District Commissioner McLain if he had a problem moving it to the 7:00 p.m. agenda. Commissioner McLain advised he had no problem moving this item to the evening meeting.

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Vice Chairman Morris stated the applicant for Item #51, Appeal against the Board of Adjustment/Dan Wallace, is requesting that this item be continued.

Upon inquiry by Vice Chairman Morris, District Commissioner McLain advised he had an opportunity to speak with the applicant and since there is not a full Board for tonight, he thinks it is fair to grant this continuance. He stated Mr. Frank Shelton, President of the Markham Woods Homeowner’s Association, wanted to go ahead with the hearing this evening, but did mention that if the Board is going to continue this item that it be continued sometime in June as he will be out of town during the month of May. Therefore, he would request that this item be continued to a meeting in June. Discussion ensued.

Mr. Marino advised that there will be one Board meeting in June, which is June 12.

Vice Chairman Morris requested that staff contact the appropriate people of the continuance.

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Vice Chairman Morris advised that Chairman Van Der Weide, County Manager Kevin Grace and Sheriff Don Eslinger are in Colorado on County business.

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The Board recessed the meeting at 10:17 a.m., reconvening at 1:32 p.m., with all Commissioners and all Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the opening session.

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Vice Chairman Morris announced that Item #49, Request to rezone from A-1 to PCD for Florida Power & Light Co., would need to be moved to the 7:00 p.m. agenda.

Motion by Commissioner McLain, seconded by Commissioner Henley to continue until 7:00 p.m., this date (second item on the agenda), consideration of a request to rezone from A-1 (Agriculture) to PCD (Planned Commercial District) for property described as approximately 2.76 acres located approximately 200 feet south of SR 46, on the east side of Rinehart Road, Florida Power & Light Co./Bruce Barber.

Districts 1, 2, 4 and 5 voted AYE.

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Vice Chairman Morris advised that Item #51, Appeal against the Board of Adjustment by Dan Wallace/Nobel Learning Communities, scheduled for 7:00 p.m. this evening would also be continued until June.

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

Districts 1, 2, 4 and 5 voted AYE.

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to release a portion of conservation and drainage easement located at 754 Fleet Financial Court, Longwood, located on the northeast quadrant of Fleet Financial Court, Michael Towers, received and filed.

Development Review Manager, Mahmoud Najda, addressed the Board to advise the portion to be released is considered to be erroneously denominated as conservation easement. The easement was approved through the site plan process on February 20, 1987. The portion of the easement to be released does not meet the conservation easement requirement set forth in the Seminole County Land Development Code, which is typically granted over wetlands and water bodies to conserve them in their natural conditions. The larger portion of the easement that will remain will be maintained under a new legal description for a stormwater and conservation easement. He distributed a revised resolution vacating the easement and advised staff recommends approval of the resolution subject to the dedication of the new easement.

Mike Towers, applicant, addressed the Board to state he has nothing to add at this time.

No one else spoke in support or in opposition.

District Commissioner Morris recommended approval.

Motion by Commissioner McLain, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-67, as shown on page _______, releasing a portion of a conservation and drainage easement located at 754 Fleet Financial Court, Longwood, located on the northeast quadrant of Fleet Financial Court, as described in the proof of publication, Michael Towers, subject to staff recommendations.

Districts 1, 2, 4 and 5 voted AYE.

Proof of publication, as shown on page _______, calling for a public hearing to consider the proposed revision to the Final Planned Commercial Master Plan and Developer's Commitment Agreement for property located north of Orange Boulevard and 3/4 mile west of I-4, KBC Warehouse/Briar Corp., received and filed.

Senior Planner, Cindy Matheny, addressed the Board to present the request, advising the applicant is requesting an increase in square footage for the proposed KBC Warehouse from 60,480 to 72,000 square feet. No new buildings are proposed. She stated the proposed change requires a public hearing per Section 30.467 of the Land Development Code. The plan meets the open space and other development standards of the Code and is otherwise consistent with the approved Development Order for the project. The staff has no objection to the proposed change.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Henley to approve and authorize the Chairman to execute the Final PCD Master Plan and Developer's Commitment Agreement, as shown on page _______, for KBC Warehouse/Briar Corp. PCD, for property located north of Orange Blvd. and 3/4 mile west of I-4, as described in the proof of publication, KBC Warehouse/Briar Corp.

Districts 1, 2, 4 and 5 voted AYE.

No report.

Commissioner McLain stated his appointee to the Library Advisory Board, John Sauls, has been very ill and unable to attend meetings. He said he would like to appoint an alternate for Mr. Sauls until he recovers.

The Board, by unanimous consensus, appointed Ettie Jane Keogh of Lake Mary to the Library Advisory Board, as an alternate appointment for Mr. John Sauls.

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Commissioner McLain advised of a petition (copy was received & filed) he received from the Indian Mound Village residents requesting immediate assistance in eradication of the midges in the area. He said he hopes this will not be an ongoing problem and that when the water elevation comes back the problem will subside. He advised that he has spoken to one of the residents, Mr. Smith, and he is willing to put some money into this and maybe form a small MSBU.

Commissioner Henley stated he believes it is appropriate for the Board to determine what the cost will be before they decide what to do.

The Board, by unanimous consensus, directed staff to investigate and determine the cost to alleviate the midge problem and the possibility of establishing an MSBU; with staff to report back to District Commissioner McLain for his review.

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Commissioner Maloy advised of complaints he has received from residents within the City of Oviedo regarding the proposed transportation/traffic plans; especially about Pine Street and a possible cul-de-sac on a portion of SR 436. He said he has been explaining to the citizens that these are road issues internal to the City.

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Commissioner Maloy advised that one of the members of the citizens' committee on Natural Lands has voted by phone.

County Attorney, Robert McMillan, stated voting by telephone is not legal.

The Board requested the County Attorney to send letters to all the Boards and Committees advising them that if a member is not present during a meeting, they cannot vote by telephone.

Commissioner Maloy briefly discussed a letter from LYNX to the City of Longwood regarding a new bus route from Longwood to the Oviedo Mall. He said the cost is very expensive.

Commissioner Maloy advised that he will make copies available to the Board of the response from the Executive Director of LYNX to the BCC's concerns at the last meeting.

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Commissioner Maloy stated he will not be able to attend CALNO meetings for the next two months because he has a class on Wednesday nights.

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

1. Letters from John and Marie Bersia Tenuto and Loyd J. Kiernan expressing opposition to proposed Wekiva Park PUD. (CC: Board, County Manager, DCM/Chandler, Planning & Development Director, Planning Manager)
2. Copy of letter dated March 29, 2001, from B.F. Wheeler, Jr., to Jerry McCollum, County Engineer, Re: CR 429, Proposed Roadway Modifications by City of Oviedo. (cc: Board, County Manager, DCM/Marino)
3. Copy of letter dated March 30, 2001, from Arthur F. Evans, President, Nelson & Company, to Jerry McCollum, Re: Abandoning and cul-de-sac of Geneva Drive (CR 426). (cc: Board, County Manager, DCM/Marino)
4. Copy of letter dated March 26, 2001, from Michael S. Craig, P.E., Vice President, Allen-Craig Civil Engineering, to Jerry McCollum, County Engineer, Re: C.R. 426, Proposed Roadway Modifications by City of Oviedo. (cc: Frank Wheeler, Jr., Chairman of the Board, Citizens Bank of Oviedo, Rick Lee, President, Citizens Bank of Oviedo, Oviedo City Council, Board, County Manager, DCM/Marino, Public Works, Engineering)
5. Copy of letter dated March 27, 2001, from Mrs. Ann Nichols to Maryanne Morse, Clerk of the Court, regarding smoking area at the Seminole County Courthouse. (cc: Board, Deputy County Managers, Sheriff Eslinger, Editor, Seminole Herald)
6. Letter dated March 28, 2001, to the Board from Bruce McMenemy to the Board Re: Appeal against the Board of Adjustment decision to deny a Special Exception on an A-1 zoned parcel for a limited private dog kennel. (cc: County Manager, Planning & Development Director, DCM/Chandler)
7. Letter dated March 26, 2001, from Clayton H. Wilder, Community Program Administrator, Florida Dept. of Law Enforcement, to the Chairman, Re: Federal Fiscal Year 2001 Byrne State and local Law Enforcement Assistance Formula Grant -- Local Share. (cc: Board, County Manager, Fiscal Services, Sheriff)
8. Memorandum dated March 23, 2001, from J. Kevin Grace, County Manager, to the Board Re: Update on Lake Econlockhatchee Basin Engineering Evaluation. (cc: Deputy County Manager, Public Works Director, Development Review Manager, Stormwater Manager)
9. Letter (facsimile) dated March 26, 2001, from Michael Twomey, Attorney at Law, to All Florida Counties -- County Commissioners, County Attorneys, County Administrators, County Utility Mangers, Re: Impending loss of counties' power of eminent domain from HB 949 and SB 20612.
10. Copy of Memorandum (facsimile) dated March 27, 2001, from Byron Brooks, Executive Director, Central Florida Regional Transportation Authority, to Lynx Board of Directors Re: Article on A+ Link -- Medicaid Sponsored Trips. (cc: Elected bodies and county or city managers of: Orange County, Osceola County, Seminole County, Altamonte Springs, Kissimmee, Orlando, Oviedo, Sanford, St. Cloud, Winter Park, Lynx Senior Staff, Working Group)
11. Letter dated March 26, 2001, from Ernest Rudisill expressing support for the Nobel Learning Community School. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director, Comp. Planning)
12. E-mail to the Board from Richard Call Re: Seminole County Animal Control Services practices. (cc; Board, County Manager, Public Safety, Animal Control Manager)
13. Copy of letter dated April 2, 2001, from Jerry McCollum, P.E., County Engineer, to Michael S. Craig, P.E., Vice President, Allen-Craig Civil Engineering, inc. Re: CR 426 -- Proposed Roadway Modifications by City of Oviedo (in response to 3/26/01 letter from Mr. Craig). (cc: Board, Frank Wheeler, Chairman of the Board, Citizens Bank of Oviedo, Rick Lee, President, Citizens Bank of Oviedo, Oviedo City Council, Charles Smith, P.E., City Engineer, County Traffic Engineer, Principal Engineer)
14. Letters from the following expressing support for the reauthorization of the one-cent sales tax and disbursement of portion to the schools of Seminole County: Mike Holt, PTA President, Longwood Elementary; Rafael Garcia, SAC Chairperson, Longwood Elementary; Cheryl Rodgers, SAC Chairperson, Lake Orienta Elementary; Ginger Allen, PTA President, Lake Orienta Elementary, Janis Perry, SAC Chair Millennium, Margaret Bowers, PTSA Millennium Middle School. (cc: Board, County Manager, Fiscal Services Manager, Public Works Admin Manager)
15. Copy of Memorandum dated March 30, 2001, from W. Keith Roark, Road Project Acquisition Manager, County Attorney's Office, to Maureen Landgraf, Analyst, RE: Litigation Support Services, Expedited Procurement - Case No. 99-CA-2431-13-K. (cc: Board, Purchasing Manager, Robert Risner, Staff Appraiser)
16. Agenda and back up for the April 3, 2001, Meeting of the Sanford Airport Authority Board.
17. E-mail dated March 30, 2001, to County Commissioners, County Administrators, County Lobbyists, County Attorneys, Affiliate Presidents, Re: FAC Legislative Bulletin Week Four.
18. Agenda for the Oviedo City County Meeting of April 2, 2001. (cc: Board, County Manager, DCM's)
19. Letter dated March 27, 2001, from Janet R. Dougherty, CMC, Sanford City Clerk, transmitting Ordinance N. 3627, passed by the Sanford City Commission, annexing .36 acres of property lying between SR 46 and Smith Canal Road and Between Elder Road and Upsala Road. (cc: Property Appraiser, Planning & Development)
20. Copy of Memorandum dated March 23, 2001, from Kathryn J. Brown, Senior Planner, Environmental Services Department, to Sandy McCann, County Commission Records, Re: Submissions into County Records. (cc: Board, County Manager, Environmental Services Director)
21. E-mail dated March 23, 2001, to County Commissioners, County Administrators, County Lobbyists, County Attorneys, Affiliate Presidents, Re: FAC Legislative Bulletin Week Three.
22. Copy of letter dated March 26, 2001, from Kenneth M. Roberts, Director, Dept. of Public Safety, to Howard Zufelt, expressing appreciation for recent donation of $50.

1. Copy of letter dated April 5, 2001, from Frankie Callen, Executive Manager of Governmental Affairs, Lynx, to John Drago, City Manager, City of Longwood, transmitting the service extension proposal for Link 23. (cc: LYNX Board of Directors; Executive Director, LYNX; Director of Planning, LYNX; BCC; County Manager, DCM/Chandler, Principal Planner)
2. Letters from the following expressing support of the one-cent sales tax and disbursement of a portion to the schools of Seminole County: Shellie Scates, PTA President, Douglas Stenstrom Elementary; Sue Bathke, SAC Chairperson, Douglas Stenstrom Elementary; Linda Yannon, Indian Trails PTA President. (cc: Board, County Manager, Public Works Administration)
3. Letter from Lonnie N. Groot, Shutts & Bowen LLP, to the Chairman and Vice Chairman, Request for Continuance for Appeal by Nobel Learning Communities. (cc: Board, County Manager, DCM's, Planning & Development Director, Zoning Coordinator, Co. Comm. Records, Dan Wallace, Nobel Learning Communities, Pastor Bob Parker, First Baptist Church of Markham Woods, Bob Picerne, First Baptist Church of Markham woods, Dwayne Walker, Picerne Development Company, Brad Parker, The Bywater Companies, Judy Stewart, AICP, Dave Mulholland, P.E.)
4. Letter from Pat Doyle, Cathaoirleach, Wicklow County Council, expressing appreciation for courtesies extended during recent visit of delegation from Wicklow County. (cc: Board, County Manager, TDC Director)
5. Copy of letter dated April 4, 2001, from Frank Shelton, President, Markham Woods Association, Inc., to Commissioner Daryl McLain, expressing opposition to proposal by Nobel Learning Communities, Inc. (cc: Board, County Manager, DCM/FC, Planning & Development Director, Planning Manager)
6. Notice to Affected Property Owners of Public Hearing to be held on April 16, 2001, by the City of Oviedo to consider change of Zoning from A-1 (Seminole Co. Agriculture) to PUD (City Planning Unit Development). (cc: Board, County Manager, DCM/FC, Planning & Development Director, Planning Manager)
7. Letter dated April 5, 2001, from Carol Fottler to the Chairman transmitting copies of correspondence to District Commissioner Randall C. Morris. (cc: Board)
8. Letter dated March 30, 2001, to the Chairman from David P. Lanier, Jr., C.P.A., Chairman, SCOPA Board of Directors, Re: Budget preparation and proposal for supplemental funds. (cc: Board, County Manager, Fiscal Services, SCOPA Board members)
9. Newsletter from the School Board of Seminole County. (cc: Board)
10. FAC Legislative Bulletin for Week Five. (cc: Board, CM, County Attorney, County Lobbyists)
11. Local Governmental Monthly Mailer from the St. Johns River Water Management District.
12. Letters and e-mails from the following expressing objection to the Wekiva Park PUD Rezone Request: Deanna J. Pickens, Garrett Digman, Linda L. and Fredric O. Graff, James E. and Kathy Casey Leavitt, Scott & Dickie Stegall, Ken & Bonnie Preston, Robert Ginn, Patrick Reed Reimer, Kim Bradley and James E. Sistak. (cc: Board, County Manager, DCM/FC, Planning & Development Director, Planning Manager)
13. Copy of letter dated April 4, 2001, from J. Suzy Goldman, Library & Leisure Services Director, to Meredith J. Cohen, expressing appreciation for recent book donation.
14. Memorandum dated April 6, 2001, from J. Kevin Grace, County Manager, to the Board of County Commissioners, advising that he and the Chairman will be in Colorado the week of April 9-13, 2001, in order to attend the National Institute of Corrections Seminar, and informing that Jim Marino will serve as Acting County Manager in his absence. (cc: Deputy County Managers)
15. Agenda packet for the Seminole County School Board meeting of April 10, 2001.
16. Memorandum from Kathryn J. Brown, Senior Planner, Environmental Services Dept., to Sandy McCann, County Commission Records, Re: Submissions into County Records. (cc: County Manager, Environmental Services Director)
17. Letter dated March 29, 2001, from Janet R. Dougherty, CMC, Sanford City Clerk, to the County Manager, transmitting copy of Ordinance No. 3628 passed and adopted by the Sanford City Commission on March 26, 2001, annexing 5 acres of property (2805 S. Oregon Avenue). (cc: Property Appraiser, Planning & Development)

Commissioner Morris expressed his concern with staff not moving more expeditiously on bringing back a proposed billboard ordinance. He stated the Board placed a moratorium on billboards and he expected the ordinance to be brought back in February or March.

Director of Planning & Development, Don Fisher, addressed the Board to advise Assistant County Attorney, Steve Lee, is working on a draft ordinance and staff will be bringing this back at the first meeting in May to request advertising of the public hearing.

Commissioner Morris questioned how staff is drafting an ordinance without talking to the Board and determining what they want in it.

Mr. Fisher stated staff will brief Commissioners individually before requesting scheduling a public hearing.

Commissioner McLain suggested staff meet with Commissioner Morris in order to put this on a "fast track".

Commissioner Henley stated he has been wondering what is going on because he does not want this to come up toward the end of the moratorium and the Board be faced with having to extend the moratorium.

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Upon inquiry by Commissioner Morris, DCM Jim Marino advised staff will be bringing back on April 24, 2001, a pilot program dealing with the adoption of dogs and cats by senior citizens and the disabled and handicapped.

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Upon inquiry by Commissioner Henley, Commissioner McLain advised there has been no solution to the situation in District 5 regarding the numerous pets kept on Ms. Cope's property.

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Commissioner Morris advised he addressed comments regarding growth, regionalism, and economic development at the Orange County Chairman Crotty's Summit.

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Commissioner Henley advised he filled in for the Chairman at the Mayors/Managers meeting. He said the discussion at the meeting had to do with the Census figures and how they affect the cities.

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Commissioner Morris stated the Board might want to bring in the Supervisor of Elections to discuss reapportionment of the commission districts. He said Districts 1 and 5 are fast growing and the lines may need to be changed.

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The meeting was recessed at 2:40 p.m., reconvening at 7:09 p.m. with all Commissioners and all other Officials present with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Vice Chairman Morris announced that Commissioner Van Der Weide is away on County business and he is filling the role tonight as Chairman. He advised the audience that there were four public hearings scheduled for this evening and the Board also had to move one item from the afternoon meeting to this evening’s meeting.

Proof of publication, as shown on page _______, calling for a public hearing (continued from March 13, 2001) to consider Appeal against the Board of Adjustment in denying a Special Exception for a private pre-school with up to 150 students; property described as a five-acre tract, located on the west side of Markham Woods Road, approximately 1 2/5 miles north of Lake Mary Boulevard, Dan Wallace/Nobel Learning Communities, received and filed.

Ginny Markley, Principal Zoning Coordinator, addressed the Board to state she has a letter from Attorney Lonnie Groot, Shutts & Bowen, requesting that this item be continued.

Vice Chairman Morris stated the Commissioners have had an opportunity to see the request from Mr. Groot.

District Commissioner McLain advised he has spoken with the applicant, who requested this item be heard before a full Board. He said he also spoke with Mr. Frank Shelton, President of the Markham Woods Homeowners Association, and he would like to hear this item tonight, but he understands the circumstances. He said Mr. Shelton asked that this item be continued to a June meeting, as he and his wife will be out of the country during May. Commissioner McLain said he has no objections to continuing the meeting to June 12, 2001, 7:00 p.m., with this hearing as the first item if possible.

Motion by Commissioner McLain, seconded by Commissioner Henley, to continue to June 12, 2001, 7:00 p.m., or as soon thereafter as possible, the Appeal against the Board of Adjustment in denying a Special Exception for a private pre-school with up to 150 students; property described as a five-acre tract, located on the west side of Markham Woods Road, approximately 1 2/5 miles north of Lake Mary Boulevard; as described in the proof of publication, Dan Wallace/Nobel Learning Communities.

Vice Chairman Morris asked for those who wished to speak to address only the issuance of the continuance.

Frank Shelton, President of Markham Woods Association, 14 Stone Gate North, addressed the Board to state he has a little problem with the June 12 date, as it will be a little tight on time for him to get out a newsletter before that date. He asked if there was a possibility to hold the meeting for the second meeting in June. Whereupon, Commissioner McLain advised the Board is only anticipating only having one evening meeting in June and that would be June 12. He said an option would be if Mr. Shelton and the applicant could agree on the first meeting in July.

Attorney Lonnie Groot, Shutts & Bowen, addressed the Board to state he could not agree to any date later than June 12.

Commissioner McLain discussed briefly that Attorney Groot has made the commitment to the Homeowners’ Association to help with the expenses for mailing out their newsletter. Attorney Groot concurred to pay a reasonable amount.

Vice Chairman Morris clarified at this time that the Speaker Request and Written Comment Forms available for the public are in error showing that Item #52 has requested a continuance, and that is actually for Item #51.

Upon inquiry by Vice Chairman Morris, George Powell stated he will rescind his request to speak; Sam Kendall stated he will pass on speaking; Trish Thompson stated she will pass on speaking; Susan Ghrist stated she will wait to address the Board at the June 12 meeting; Keith Schue stated he will pass on commenting; and George Calvi stated he will wait to address the Board at the June 12 meeting.

No one else spoke in support or in opposition.

Written Comment Forms were received and filed.

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

Continuation of a public hearing from March 13, 2001, to consider a request to rezone from A-1 (Agriculture), C-1, (Retail Commercial) and PUD (Planned Unit Development) to PCD (Planned Commercial District); property described as a 20.26–acre parcel, located north of SR 46 and west of CR 15, Westlake Supercenter Partners.

Cindy Matheny, Senior Planner, addressed the Board to state staff is recommending approval of the request subject to the applicant addressing Development Review concerns regarding wetlands and negotiating an acceptable mitigation plan with staff. The plan must provide for outstanding public benefit in order to impact greater than 10% of on-site wetlands. The project is subject to all development standards of the SR 46 Gateway Corridor Overlay Ordinance. She advised the applicant submitted a letter (copy received and filed) dated April 5, 2001, indicating their agreement for mitigation for wetland impacts. Ms. Matheny stated the mitigation plans meet the staff’s intent. She advised the Planning Commission, by a vote of 4 to 2, recommended approval subject to the staff recommendations.

Commissioner Henley questioned how much of the wetlands would be impacted.

J. V. Torregrosa, Development Review, addressed the Board to state that 65.3% of the wetlands on-site would be impacted, and that would be mitigated in the St. Johns basin.

Attorney Ken Wright, Shutts & Bowen, representing the applicant, addressed the Board to state they concur with the staff recommendation. He said the State of Florida years ago changed its philosophy for wetlands mitigation to more of a regional approach in protecting regional resources. He stated this piece of property is a portion of a larger tract that will come before the Board in another project (gopher swamp) in the next few months. He read from the letter from Joe Young, Forester, Long Leaf Forest Service, who stated this property is the best example of old growth Cypress trees he has ever seen and is literally a living biological museum. He said the trees are estimated to be a minimum 1,000 years old and could be twice that age. He said the County staff is in the process of drafting some changes to the Land Development Code regarding mitigation and this was based upon the regional significance of what was being offered that staff has found the public benefit to be achieved. Attorney Wright submitted the letter (received and filed) from Reid Hughes, former member of the St. Johns River Water Management District, who supports and encourages the staff’s recommendation of protecting this property. He said this property is proposed to coincide with the alignment of the Trail and the applicant will be constructing that segment at his expense to the County’s specifications.

Mike Myers, 1100 Fieldwood Boulevard, addressed the Board to state his concern would be how Elder Road is handled as far as the paving. He said this building would be facing east and he would be looking at the back of the building. He said if staff recommends this for approval, he knows they have looked at all the consequences to the PCD and he is in favor of the project.

Ms. Matheny advised the plans show that Elder Road will be paved up to the north entrance to the Westlake Supercenter. Also, she said the rear of the Supercenter along Elder Road would be very heavily landscaped in excess of the requirements and landscaped around the retention pond and around the entrance road itself. She thinks this will effectively shield the loading and unloading areas.

Sam Kendall, 510 Hermits Trail, addressed the Board to state the staff is making decisions to transfer conservation easements for stormwater and passive recreation, and the people affected by that in the apartment complex are not going to have a chance to make comments to the Board.

Upon inquiry by Commissioner McLain, Attorney Wright answered that no one is transferring any conservation easements. He said the same property owner owns both of these tracts. He said pursuant to the Board’s revisions to the Land Development Code, which drives the formula for calculating open space, it was determined that modifications to the manner in which open space is calculated would be changed. He said if this development came in under the new regulations, it would have had an over-calculation of open space by counting the area under consideration. He explained the open space calculation and said the use of the property would be the same.

Upon further inquiry by Commissioner McLain, Attorney Wright said he doesn’t think any of the apartment buildings are currently occupied.

Mr. Kendall discussed further that the applicant is proposing to destroy wetlands that would be compensated by wetlands that could never be destroyed anyway. He said to him that is not compensation.

Commissioner McLain said what Mr. Kendall said is true, but there is more than just that at the face of it. He stated he understands that there will be restrictions on agricultural uses, livestock, and all types of things on this property. If there is a need for restoration, the applicant will be required to do that if there is any damage.

Vice Chairman Morris advised Mr. Kendall that the St. Johns River Water Management District controls the mitigation and they have already approved it, as per Attorney Wright.

Attorney Wright responded to Mr. Kendall that the ratio of this impact is about 10 to 1. He said these are low-quality wetlands being impacted and what the applicant is giving is a much higher value of land.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve rezoning, by Ordinance #2001-13, as shown on page __________, from A-1 (Agriculture), C-1 (Retail Commercial) and PUD (Planned Unit Development) to PCD (Planned Commercial District); property described as a 20.26-acre parcel, located north of SR 46 and west of CR 15; as described in the proof of publication, Westlake Supercenter Partners, with staff recommendations and the mitigation portion agreed upon,; and approval of Development Order, as shown on page _______.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial District); property described as approximately 2.76 acres located approximately 200 feet south of SR 46, on the east side of Rinehart Road, Florida Power & Light Co./Bruce Barber, received and filed.

Kathy Fall, Senior Planner, addressed the Board to state the applicant is proposing an unmanned electrical substation as an expansion of the existing substation to the north of this property. She said this substation is needed for the growth in Northwest Seminole County. It will not require water or sewer connection and only two trips per month will be generated. She stated the applicant is compliant with the Land Development Code and the Comprehensive Plan. She stated the applicant has provided additional landscaping of 25 feet that surpasses the Land Development Code requirement of 10 feet. She advised staff is recommending approval of the rezoning on the basis of the consistency of the surrounding future land use, the additional buffering and landscaping, and low impact of the facility. She also stated that the Local Planning Agency voted approval of the project.

Upon inquiry by Commissioner Maloy, Bruce Barber, Florida Power & Light Company, Vero Beach, addressed the Board to describe the landscaping.

Leonard Sanderson, Florida Power & Light Company, West Melbourne, introduced himself to the Board and to advise he will answer any questions.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Henley, to approve rezoning, by Ordinance #2001-14, shown on page _______, from A-1 (Agriculture) to PCD (Planned Commercial District); property described as approximately 2.76 acres located approximately 200 feet south of SR 46, on the east side of Rinehart Road; as described in the proof of publication, Florida Power & Light Co./Bruce Barber, and approval of the Development Order, as shown on page _______.

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

Proof of publication, as shown on page_______, calling for a public hearing to consider a Comprehensive Plan Amendment from Low Density Residential to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property described as 7.49 acres, located south of Red Bug Lake Road and west of Mikler Road, Harling-Locklin & Associates, received and filed.

Ms. Matheny stated this request is for a 130-bed congregate living facility, catering specifically to senior citizens. She said staff had recommended approval for the rezoning and land use amendment, subject to: (1) Maximum building height shall be limited to 35 feet, but the cupola over the atrium may be up to 45 feet in height, with no outside lighting; (2) The active/passive buffer may be reduced as requested by the applicant along the west property line. The buffer shall be a minimum of 10 feet in width and an average of 20 feet in width. Setbacks for carports shall be 20 feet from the west property line. Setbacks for the three-story building shall be 100 feet from the west property line; (3) The approval is for a congregate senior residence and shall not be converted at any time into a standard apartment complex; (4) The maximum number of residents shall be 130; (5) Signage is limited to ground signs only with a maximum height of 10 feet; The uses are limited to those uses, and development standards, enumerated in the letter from Randy Kirkwood, Harling Locklin & Associates, dated Feb. 28, 2001.

Ms. Matheny reported that the Planning & Zoning Commission voted 6 to 0 to recommend approval of the request. She said the applicant has been working with the Red Bug Residential Coalition and has sent an agreement (copy received and filed) to the Coalition outlining a number of conditions of approval. Ms. Matheny distributed copies of the agreement to the Commissioners. She said staff is recommending if the project is approved, this agreement be entered as part of the development order for the project.

Upon inquiry by Commissioner Henley, Ms. Matheny advised that approximately 217 average daily trips would be generated, and none of the wetlands on the south end of the property would be impacted. She said the staff feels this is a very appropriate use, partially based on its low impact.

Hugh Harling, Harling Locklin & Associates, representing the applicant, addressed the Board to state they have made the commitments indicated in the letter to the Coalition and they must also comply with all State, Federal, and local laws. He advised the agreement has been reviewed by the Coalition. He stated the wetlands are located in the southeast corner and they have no encroachment into the wetlands.

Grey Pryor, 1478 Thornhill Circle, addressed the Board to state he thinks the congregate living facility seems to be a good solution, and they are not in opposition. He pointed out on the diagram that showed a variance was granted for an ALF (adult living facility). He said this makes it very difficult for him to say he is opposed to the congregate living facility when an adult living facility and church in between are located in the area. He said they have met with Mr. Harling twice and appreciate the letter of agreement from them. He advised the letter was dated March 23, 2001, and he believes they have had enough restrictions put in that this will not be looked upon as high density residential, which was their concern. They want the development to remain compatible and consistent with the boundary of Slavia. Because the applicant can operate a congregate living facility, they don’t want to see that the next solution is to bring in apartment complexes because that would impact them.

Kirk Whitney, former President of Lafayette Forest, addressed the Board to ask where the main entrance would be for the proposed development; if there would be traffic going in to the dumpster, and could there be privacy or landscaping to keep that from showing visibly from Red Bug Road.

Mr. Harling answered Mr. Whitney’s questions, explaining they will have the proper separation from Mikler Road. He also explained the location of the dumpster and how it will be screened by a wall and landscaping.

Commissioner Maloy advised Mr. Whitney that the final site plan approval would come back to the Board at a later date and if he has some input, he is to feel free to call him or speak with Mr. Harling.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Henley, to approve the Plan Amendment from Low Density Residential to Planned Development, by adoption of Ordinance #2001-15, as shown on page _______; and approve rezoning from A-1 to PUD, by adoption of Ordinance #2001-16, as shown on page _______, property located south of Red Bug Lake Road and west of Mikler Road, subject to the agreement letter dated March 23, 2001, and as recommended by the Planning staff; as described in the proof of publication, Harling Locklin & Associates; and approval of the Development Order, as shown on page _______.

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

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Commissioners McLain and Morris recognized Boy Scouts in the audience. Their leader stated the scouts were present to earn a Communication Merit Badge.

Commissioner Henley also recognized five students (including his granddaughter) in the audience from Lyman High School.

Vice Chairman Morris recessed the meeting at 8:12 p.m. and reconvened at 8:27 p.m.

Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); Preliminary Master Plan and Development Order for the Wekiva Park PUD; property located on the south side of SR 46, approximately 1,800 feet east of the Wekiva River, between River Oaks and Foxspur subdivisions, Frank Dolan, received and filed.

Tony Matthews, Senior Planner, addressed the Board to state the applicant is proposing a single family residential subdivision located within the Wekiva River Protection Area containing 107 lots with an overall net density of 0.94 dwelling units per net buildable acre. He reviewed the steps the project has to go through for final approval. Mr. Matthews reviewed the changes to the PUD plan since the P&Z hearing (copy included in the staff report). He summarized the staff findings and recommendations (included in the staff report) covering the General Findings, Significant Public Benefit, General Recommendations, Relocation of the Malekean Trail, and Environmental Resources.

During discussion, Mr. Matthews advised Commissioner McLain that staff is not recommending lights to be installed on the tennis courts as they believe there is evidence that the lights can be detrimental, particularly to the migration of bears.

Mr. Matthews distributed some changes and revisions to this project (copy received and filed) and noted a correction on Item 3 (c) under the Environmental Resources to not strike the wording, "as a conservation easement to Seminole County."

Mr. Matthews stated the P&Z Commission recommended the request by a vote of 4 to 3 and also recommended that the number of dwelling units not exceed 100 with 28 exterior lots and 72 interior lots.

Mr. Matthews advised that staff wants to insure that whatever conditions are placed on the project by the Board get incorporated into the development order.

Mr. Matthews clarified issues for Tracts 9, 6, and 12 of the Preliminary PUD Master Plan that the County is looking for protecting the environment in this area as it is so close to the river, and they are looking for an easement, preferably to maintain and protect the area. He said issues have been discussed about fee simple and the County would own the property. He said it was suggested by the applicant that the easement be donated to the County to relieve the applicant from having to be responsible for maintaining it.

Matt West, Planning Development Manager, addressed the Board to state the easement would be to insure that there is no other development on the property.

Mr. Matthews noted the letter received from Jon and Wanda Knight (copy received and filed in the staff report). He said the attorney and applicant would speak later to the issues raised by the Knights.

Upon inquiry by Commissioner Henley, Mr. Matthews said a tree survey will be required in the platting and subdivision process, and the applicant will have to indicate the trees planned to be removed. Whereupon, Commissioner Henley said he would like the applicant to address how many lots would be in the project if the applicant cannot preserve at least 50% of the trees within the development area.

Discussion ensued by staff and the Board on what could be done if more than 50% of the trees must be removed. Vice Chairman Morris asked DCM Jim Marino to mention to County Manager Kevin Grace and the Planning Director if this is something to be placed in the County’s Arbor Ordinance as countywide requirements, and have that come back to the Board as a discussion item.

Commissioner Maloy discussed the concept of clustering and the rural character issue with Mr. Matthews.

Commissioner Henley said he supports the cluster concept. He said he understood it was to create more open space, but as he looks at what has been presented, it appears in the areas being developed, they are not creating open space. He said the open space is coming primarily from wetlands, which the Board probably would not approve for development any way. He said he sees only about a 1.3 acre-park that he would consider open space and the rest of the development seems like it might be fairly intense. When he also considers that they might lose more than 50% of the trees, this gives him great concern. He asked the applicant to address this.

Upon further inquiry by Commissioner Maloy, Mr. Matthews stated staff has asked the applicant to provide walking access from the development to the Hutchinson Park so people don’t have to drive and circle around.

Commissioner Henley questioned staff about the easement currently used for access to the lots. Vice Chairman Morris asked Mr. Matthews to discuss the following issues: (1) the potential land being brought in as fill, would there be elevation changes related to lakes or ponds being made or would they be importing fill dirt; (2) there does not appear to be a buffer or the one-acre zoning on the SR 46 Corridor as with the Longwood-Markham Corridor; and (3) the total number of the acres of the entire project, the number of developable acres and number of units being requested.

Frank Dolan, Land Division President for U.S. Home Corporation, addressed the Board to state this project was set up as a gated community because they think that will give it value as such. They also looked at this as a custom home community. He advised of concerns Commissioner McLain had and how they worked with him to make things work. He said they want to save trees and sell houses. They will do a tree survey and overlay that to the lot configuration and sit with staff and work out the building pads to work around the trees they are trying to save. He advised they would put a walkway connector from the park going into the future park for the County.

John Rhinehart, Planner, Glatting, Jackson, addressed the Board to discuss the plans. He pointed to the areas of discussion on the aerial map (copy included in the staff report). He showed and read the policy relative to tree preservation and read the condition they proposed indicating they anticipated prior to the next step of the designing process that they would go through the tree survey issue and look at the preservation of the trees. He discussed the design of the plan that has to do with the natural environment and the rural character and compatibility of the surrounding area. Mr. Rhinehart discussed the conveyance of Parcel 6 to the County; the import and export fill issue; the relationship of the community to SR 46; and what they believe are the benefits to the County with clustering. He answered questions from the Board on the open space, the retention areas, accessibility, the amount of developable acres on the parcels, and getting to the rural "feel" on SR 46 as along Longwood-Markham Road.

Nancy Prine, Friends of the Wekiva River, 655 Terrace Boulevard, addressed the Board to state they feel the plan as presented takes a major step in protecting the river and resources to the area. They support the plan and feel this is moving in the right direction. She cautioned the Board that when lands are dedicated, it is important that those lands not be destroyed by overuse and consideration be given to the wildlife.

Keith Schue, Wekiva Issue Chair of the Central Florida Sierra Club, addressed the Board to state that based on the review of the Wekiva Park PUD, they do not find a major fault with the proposed project. He said the Sierra Club supports the clustering concept as a means of protecting the natural resources consistent with the County’s Comprehensive Plan. He asked for clarification on whether Parcel 6 would be deeded fee simple to the County. He said whoever has ownership of that property, it is open space and important that they not now or anytime in the future put any kind of structure on that property because it is important as a wildlife corridor. He said they would like to have a commitment that they would not see any proposal for houses or any other structure on the property.

Mr. Schue said he also received information from Rick Nelson regarding concerns of the residents and he said he shares many of those concerns.

Mr. Moon distributed copies of the document from Mr. Nelson (copy received and filed) to the Board for their review. Mr. Schue further pointed out items of concern by Mr. Nelson, which the Sierra Club is also supporting.

Sam Kendall stated the developer left out the last sentence in the amendment adopted regarding gopher tortoises and he wishes to add that to the Recommendation #3 (f). Whereupon, Vice Chairman Morris clarified that the applicant agreed to that stipulation. Mr. Kendall further discussed the creation of two parallel roads running down the center of the development. Whereupon, Commissioner McLain stated they don’t want a County road running down a gated development.

Vice Chairman Morris recessed the meeting at 10:00 p.m. and reconvened at 10:09 p.m. He announced that during the break, he received a phone call from the Executive Director of the East Central Florida Regional Planning Council reminding the Board that on April 18 the Planning Council is hosting a GIS (Government Information Systems) overlay by the University of Florida about the Wekiva River and it’s flow and environmental factors. He stated everyone is invited to attend.

Commissioner Henley asked if this would be videotaped to play over SGTV, and Vice Chairman Morris asked Mr. Marino to check into having a remote for this purpose.

Jim Leavitt, President of the Longwood Markham Citizens Action Group, 168 Steeple Chase Circle, addressed the Board to state they believe in property rights and also feel the homeowners have property rights as well. He said there was never any discussion about net acre lots, and they all have net one-acre lots. He thinks a PUD would violate their community rights. He said they feel this would have a negative impact on their property values. He noted that in their neighborhood, there are no two homes the same, as they were all built by separate builders. He said the homeowners are very concerned about the trees being destroyed. They have very little grass in front yards with the back yards being in a natural, wooded state and that is how they would like to keep it with no pesticides and fertilizers. With this development, they will have the fertilizers and pesticides and that will affect his neighborhood with well water. He stated traffic is another issue. He requested that only one entrance be allowed and that is on SR 46, and make the south entrance on Markham Woods Road as an emergency vehicle access and not available for day-to-day activity. He said the rural character is that of wooded, one- acre homesites, and he still doesn’t believe the applicant has shown why clustering is better. They feel the interior lot sizes are too small.

David Moon, Sloan & Associates, 3543 Wading Heron Terrace, addressed the Board to state based on his review of this application, it is inconsistent with the Comprehensive Plan as well as its intent to protect the rural character. He reviewed highlights of the PUD design and construction standards, compatibility with rural character and adjacent property, and compatibility and protection of rural character as outlined in his document previously submitted. He requested that a decorative masonry or brick wall be established along the rear lots of the PUD where it abuts Lake Mills Park roadway. He also recommended that the language be modified to state that no more than 50% of the trees on site shall be removed unless approved by the Board.

Barbara Rodriguez, 188 Steeplechase Circle, addressed the Board to state the proposed homes are not in character with the homes in their areas. She showed pictures (received and filed) of the homes adjacent to the subject property and similar homes built by U.S. Home/Ruttenberg covering subdivisions in Foxspur, Wekiva River Oaks, Rivercrest, Chapman Lakes, and Stoneybrook.

Susie Wilson, 2517 Rivertree Circle, Real Estate Professional for Remax, addressed the Board to state although she welcomes development, she cannot support the proposed building of cluster homes or the request for the zoning change to PUD. She said based on the facts, the proposed development does not meet the needs or the profile of this area. She advised that there are currently 131 homes listed for sale in this zip code area of Sanford and out of those 131 homes for sale, only eight of them are situated on lots that are one acre or more. The remaining homes listed are situated on lot sizes similar to those of the proposed development. She said building an overabundance of cluster homes in this area doesn’t make sense for their community. She said one-acre homesites should continue to be mandatory for this area. (Ms. Wilson’s written comments were received and filed).

Frank Shelton, 14 Stone Gate North, addressed the Board to state they don’t want this development. He said in the 1987 Comprehensive Plan, it was clearly stated PUD’s should not be included in Suburban Estates because they wanted a minimum of one acre. He said the Board has had two task forces that met with the citizens in the area and the overwhelming consensus was minimum one-acre lots. He asked who does the Board represent and stop listening just to the Sierra Club and the Friends of the Wekiva River. He said they want to be represented too.

Lloyd Kiernan, 176 Steeplechase Circle, addressed the Board to state it is very obvious after tonight’s meeting that enough questions still remain unanswered and inadequately addressed. He said public comment and participation should not be excluded. He said A-1 designation, one home per one-acre lot has established criteria which is clearly recognized by all. PUD’s have no firmly established criteria, but leaves many of the critical points to be decided by negotiation or interaction between the developer and the County Planning and Zoning departments. He said even if the Board set criteria tonight, these can be changed at a later date without public comment and then the surrounding property owners are faced with a definite change, a done deal. He said if the developer is allowed to retain the ownership of Parcel 6, they would have the right to sell it at a later date. He said if the PUD is granted, he is requesting a six-foot masonry wall separating the PUD from Foxspur and the adjoining subdivisions. He said regarding traffic, there is no comment about any of the turn lanes and access roads for the main development. He said for access, especially on Longwood-Markham Road, a larger tract of property will be needed than what is dedicated through the turn lanes; and the setbacks and buffer zone must be considered in addition to that, so a considerable greater area of property is needed than what the developer is currently showing on his plots. He said that is why they need to address the traffic at this stage rather than later. He requested that the Commissioners also say no street lighting in the development. Mr. Kiernan related that Foxspur residents recently received a notice from the Federal Energy Resource Commission (FERC) stating they want to relocate the gas pipeline which serves all of Seminole County from north of SR 46 to south of SR 46 and they anticipate needing a larger buffer zone to do that. Therefore, he further requested the Commissioners to make a provision that any type of setback or buffering on SR 46 be predicated upon the decision or information that is received (at the May 10 meeting) from FERC.

Donna Duffy, 8421 Murray Court, addressed the Board to state she is located where all the retention is set to be. She said it is not flat land there. She stated all the area the applicant shows as retention is not wetland, but is high and dry. She showed two pictures (received and filed) of the larger side of Murray Court showing oak, pine, and dry, mature vegetation. She asked the Board to not allow the applicant to put their retention in six feet above the lower wetland through all the vegetation that is very mature because those on Murray Court would end up with a borrow pit.

Art Stokey, 8381 Murray Court, addressed the Board to state the number of units at 107 is higher than what was recommended by the Planning & Zoning Commission. He showed on the map the only place being provided as a corridor for the wildlife and said he doesn’t know where all the talk has been about saving a corridor for the environmental nature to move through. Upon inquiry by Mr. Stokey, staff advised that about 46 homes are planned to one section he pointed to on the map. Whereupon, Mr. Stokey said adjacent to that section where he lives, there are 20 homes and that gives the idea of how close those homes will be in sight even with a one-acre buffer. He concluded that he sees this rezoning as being incompatible.

Vice Chairman Morris called for Richard Hughes to speak, but he had left the meeting.

Kim Bradley, 3430 Murray Court, addressed the Board to read excerpts from the U.S. Home report. She showed and read Objective 30.814 Preservation of the Rural Character and Natural Resources of the Wekiva River Protection Agency and Policy FLU 14.9, Wekiva River Protection Area Environmental Design Standards, and Policy 14.8, Compliance Agreements between Seminole County and the Florida Department of Community Affairs (all received and filed). She said she finds it hard to believe that the State of Florida and the DCA would go against the Board strengthening their recommendations on the Wekiva River Protection Agency. She said the State gives the Board the right to do whatever they want with this property because it is so sensitive.

John Lyons, 212 Steeplechase Circle, addressed the Board to state one site showed the access from Foxspur to the interior portion through an access road that runs along the south side of Foxwood. He said there is a dirt road along that area with no trees and if there is to be some sort of vegetative buffer along those lots, then there should be some stipulation that this area gets planted. He explained why the front and rear setbacks need to be enforced for the one acre lots proposed for Wekiva Park; and he addressed the issue that the applicant would be putting a retention pond on a high piece of the property along SR 46 and the houses behind that will be more visible because they are on a hill. Additionally, he said he thinks the support of the environmental groups has to take a long-term look at what is going to happen with the park to see if it will be preserved as it is now or whether it will look more like Rock Springs. Whereupon, Commissioner McLain advised that the environmental groups were involved in the original design and will be playing a role. He said this would be a very low intensity use with no launching of boats and no overnight camping.

Mr. Lyons brought up that consideration must be given to the root zones of the trees when deciding which ones get preserved or not.

Scott Stegall, 123 Polo Lane, addressed the Board to state that throughout this whole process, none of the plats ever indicated what the preliminary master plan was overlaid on the site plan. He said the first one overlaid went back to the original proposal. He showed this plan (received and filed in the agenda package) of the original 124 homes showing the relationship of the lot sizes to the plat. He asked the Board to put this project in comparison with what all the other densities and plats are in the area and he thinks that will show clearly what is going to happen when they go to the smaller lot sizes so close to all the other existing developments. He said he would also support having one entrance into the subdivision on SR 46 and this would be consistent with the other subdivisions in the area. He further asked that the trees to be removed be quantified as to caliper or some type of sizing so it is clear what trees would be remaining or which ones are eligible for removal.

No one else spoke in support or in opposition.

Speaker Request Forms and Written Comment Forms in opposition to the request were received and filed.

Under discussion by the Board, Commissioner Henley advised staff that he would like to see changed that the 550-foot setback is included in the net buildable acre because nothing can be built within the setback. He pointed out on the map the wooded area near Rivercrest where retention ponds are to be built. He said it has not been indicated what size setback is going to be required between that retention pond and the homes, and he wants to be sure the applicant addresses that.

Upon inquiry by Commissioner McLain, Mr. Matthews explained that the riparian habitat zone can be considered as buildable property because the St. Johns River Water Management District does not categorically say you cannot build in that zone, but the applicant would have to obtain a permit from St. Johns and face mitigation.

Mr. Rhinehart answered questions/issues brought up relating to buffer issues, height elevation, house size, access, and tree preservation. Mr. Rhinehart answered questions by Commissioner Henley regarding the number of students that would be generated by this development and the schools they would attend.

Vice Chairman Morris recessed the meeting at 11:45 p.m. for Commissioner McLain to review the commitments with staff, and he reconvened the meeting at 11:59 p.m.

Upon inquiry by District Commissioner McLain, Mr. West reviewed that all the original conditions contained in the staff agenda memorandum and the revised recommendations submitted by Mr. Matthews tonight are applicable. He reviewed the other conditions added tonight by the applicant and Mr. Moon (Longwood-Markham Citizens Action Group), which include that: (1) the minimum house size would be 2200 square feet excluding porches, garages and other appurtenances; (2) all garages would be side entry except in cases where there is the potential to save trees; (3) setbacks proposed by Mr. Moon would be acceptable, except in cases where there could be variations to save existing trees; (4) the landscaping and tree protection requirements would be addressed at the final master plan which comes back to the Board, at which time staff will have evaluated the tree survey presented by the applicant and will bring a recommendation; (5) saving 50% of the trees or more will be restricted to 50% per individual lot; (6) the one-acre perimeter boundary (Condition D) presented by Mr. Moon; (7) where the retention ponds are abutting Foxspur or Dawn Estates, a 50 foot natural buffer of preserved trees would be provided between the ponds and the adjacent subdivisions; (8) the Longwood-Markham Road setbacks and landscape (Condition E) presented by Mr. Moon will be applicable; (9) on-site excavation (Condition F) as presented will be included; (10) additional condition to Condition G to state the retention pond will not be visible from SR 46; (11) Condition H amended to read the developer shall construct a split-rail or other fence with landscaping so that it will be reasonably opaque and compatible with rural vernacular architecture and locate the fence to minimize tree removal; (12) Conditions I, J, and K will be incorporated into the agreement; and (13) added Condition L that a single, shared access will be provided on SR 46 with Malekean Trail and the development sharing access. The developer, at final master plan, would have to demonstrate why this is not feasible and the Board would make the final decision. The entrance on Longwood-Markham Road would be restricted to an emergency access; (14) additional condition that pedestrian access from inside the residential development would be provided to Malekean Trail; (15) one-acre lots would abut SR 46; (16) Malekean Trail will be limited to a maximum width of 22 feet and the maximum curb cut around the 22-foot roadway would be 40 feet; and (17) Tracts 6 through 12 (wetlands and tract adjacent to the Hutcheson parcel) would be dedicated fee simple to Seminole County.

Upon inquiry by Vice Chairman Morris regarding the pavement of Malekean Trail, discussion ensued with staff. Commissioner McLain said he thinks the Board should not at this time dictate what staff should do about paving but make it as environmentally friendly as possible.

Mr. West continued with the commitments that: (18) the gopher tortoises would be handled in accordance with State law; and (19) any buffering of the Knight property (represented by Mr. Cloud) would be addressed at the final master plan.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve Ordinance #2001-17, as shown on page _______, rezoning the subject property from A-1 (Agriculture) to PUD (Planned Unit Development) and approval of the PUD Preliminary Master Plan for the Wekiva Park PUD with staff findings and approve the Development Order, as shown on page _______, including the additional conditions as enumerated by staff; property located on the south side of SR 46, approximately 1,800 feet east of the Wekiva River, between River Oaks and Foxspur subdivisions, as described in the proof of publication, Frank Dolan.

Under discussion, Commissioner Maloy said based on the testimony, he did not grasp any real legal reason to deny the request. He thinks incorporating the bulk of the residential planner’s concept makes the project more palatable to the abutting neighbors and more compatible in design and function, especially limiting access. He thanked Commissioner McLain for bringing those things into the plan.

Vice Chairman Morris stated the written comments submitted were mostly covered by the public testimony heard and that is why he did not read them individually; however, the Commissioners did read the comments personally. He said the real debate has been over the issue, is clustering better than sole development of one unit per acre and using the entire parcel versus setting up a reserve area as this project does. He discussed the issue of precedence and said the unique nature of this property and this agreement is one that will be hard to be emulated by someone else. He thinks the worst fears will not be realized because of all the additional requirements put on this applicant that most applicants could not afford to do. He complimented Commissioner McLain for that.

Commissioner Henley stated Commissioner McLain has done a good job in trying to take into consideration everything that has been brought and there is no doubt that this project is better than it was as a result of the input, particularly from Mr. Moon. He said he believes in clustering when it is necessary in order to gain open space, but when he looks at the piece of property with all the wetlands and the 550-foot setback from the river on the parcels set aside, he does not think it would be economically viable to try to develop those lots. He thinks for the project to be more compatible, the number of units going in should be closer to 91. He doesn’t think clustering is necessary in order to accomplish that. He said he wouldn’t be able to support the motion.

Districts 1, 2, and 5 voted AYE.

Commissioner Henley voted NAY.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 12:07 a.m., April 11, 2001.

ATTEST________________________Clerk____________________Chairman

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