BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
APRIL 9, 2002
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m. on Tuesday, April 9, 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 Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3) (Late)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Pastor Bruce Scott, First Presbyterian Church, Sanford.
Senator Buddy Dyer led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2002-R-40, as shown on page _______, commending Senator Buddy Dyer for his contributions to the citizens and residents of Seminole County.
Districts 1, 2, 4 and 5 voted AYE.
The Resolution was presented to Senator Dyer who addressed the Board to express his appreciation. He stated that he appreciates the good working relationship he has had with the County.
Commissioner Van Der Weide entered the meeting at this time.
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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-53, as shown on page _______, proclaiming the week of April 14-20, 2002 as “National Library Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Elizabeth Harper, Friends of the Library, who addressed the Board to express her appreciation.
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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-36, as shown on page _______, proclaiming the week of April 14-20, 2002, as “National Public Safety Telecommunications Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
Copies of the Resolution were presented to the following: Deborah Telkamp, Altamonte Springs PD; Samantha Wood, Casselberry PD; Jeanne Appel, Lake Mary PD; Shannon Ashworth, Winter Springs PD; Frank Kirk, Seminole County Public Safety; and Ramona Rumph, Seminole County Sheriff’s Office.
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Commissioner Henley advised that this week Seminole County Government is celebrating National County Government Week. This year’s theme is “Counties Secure America”. He said that in recognizing this event an Art and Essay Contest was held. He presented the following winners with a plaque:
1st Place - Daniel Kraziese - 1st Grade/Wilson Elementary
1st Place - Kristen McGinty & Brittany Johnson - 2nd
Grade/Wilson Elementary School
1st Place - Anaydia Fuentes - 11th Grade/Seminole High School
Also recognized, but not in attendance, were:
1st Place - Jessica Marchado - 3rd Grade/Rainbow Elementary
1st Place - Vickey Crawley - 3rd Grade/Winter Springs
Elementary
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Mayor Paul Partyka, City of Winter Springs, addressed the Board to present a promotional video (copy received & filed) of the City of Winter Springs. He reported that the City has learned that there will be three more buildings included in Phase 1 of the Town Center project. He said there is a good working relationship between the City Manager and County Manager. He also said that the City of Oviedo’s Council Chairman has agreed to meet with Winter Springs to discuss mutual issues, which he believes is a positive step.
Chairman McLain thanked Mayor Partyka for coming to the meeting and said he looks forward to working with him in the future.
Motion by Commissioner Henley, seconded by Commissioner Morris to approve and authorize the following:
8. Riverboat Landing, Inc. property - Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Numbers 788 of the County Road 46A Phase III road improvement project, located in the southeast quadrant with frontage along the south side of County Road 46A and east side of Airport Boulevard, in the amount of $23,500.00, inclusive of attorney’s fees and costs.
Districts, 1, 2, 3, 4 and 5 voted AYE.
Assistant County Attorney, Steve Lee, and DCM, Sally Sherman, addressed the Board to give the legislative update. Mr. Lee advised the billboard law was signed last week by Governor Bush and it will go into effect on July 1, 2002. He discussed SB 1906 and 550 dealing with growth management, advising Representative Mark Flanagan has asked the Commission to request the Governor veto the bill. He advised the proposed bill will require changes to the public hearing zoning procedures. If the Commission does nothing, all challenges to zoning actions will be de novo. If the Commission chooses to adopt an ordinance, there are minimum requirements, including a witness list and an opportunity to take depositions.
Commissioner Morris stated this would be turning the County’s public hearing process into a courtroom atmosphere. He said basically this is requiring the County to adopt certain procedures or give their rights up on a court appeal. He stated that most of the counties and cities have acquiesced on this issue. He added that FAC is not opposing this bill.
Commissioner Van Der Weide stated opposing this bill might be a lost cause. He questioned how this got so far without the Board knowing this was included in the bill.
Commissioner Morris suggested sending a letter from the Board explaining the local government issues.
Commissioner Henley stated it would behoove the Board to obtain a copy of the bill so that they know exactly what they are talking about.
Commissioner Morris suggested staff extract that portion of the bill for the Board’s review.
Commissioner Van Der Weide reiterated that he does not understand how this got so far when the Board has hired professionals to keep them informed.
Chairman McLain directed staff to provide the Board with copies of this section of the bill and bring the issue back up for further discussion.
Mr. Grace advised the word “additional” has been deleted from Item #34, Amendment to auditing services with KPMG.
Commissioner Maloy requested Item #15, United Arts Contract, be pulled for a separate vote.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:
17. Adopt appropriate Resolution #2002-R-54, as shown on page _______, which approves the refunding of the outstanding Gas Tax Revenue Bonds, 1992A; authorize the distribution of the Preliminary Official Statement; delegate to the Chairman, County Manager, and Clerk of the Court, the ability to approve the issuance of gas tax revenue refunding bonds not to exceed $14,725,000.
18. BCR #02-60 – $50,000 – Library & Leisure Services – Library – Fund: 00100 – General Fund. Capital substitution to purchase additional shelving for branch libraries to facilitate re-shelving of books.
19. BCR #02-65 – $1,500 – Library & Leisure Services – Historical Museum – Fund: 00100 – General fund. On February 12, 2002 the BCC directed staff to place a historic marker at Sylvan Lake Park to commemorate the US women's soccer team that trained at that facility. This action transfers funds into the appropriate account line.
20. BCR #-02-66 – $367,400 – Public Works – Engineering – Fund: 11541 – Infrastructure Sales Tax 2001 fund. An accounting transfer is requested to move 2001 Sales Tax funds currently budgeted in reserves into the appropriate expense accounts to begin implementation of County sidewalk projects.
21. BCR #02-67 – $489,000 – Public Works – Traffic Engineering – Fund: 10101 – Transportation fund. An accounting transfer is requested in order to split the countywide traffic safety project into five smaller projects to improve accountability and to comply with new accounting requirements.
22. BCR #02-68 – $130,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Sales Tax fund/12603 – West Collector Impact fund. An accounting transfer is requested for the Sand Lake Road project. Additional funds are needed for design services related to the six signalized intersections, permitting requirements have been increased and coordination with other agencies has been necessary. Funds are available in the project’s land account line.
23. Budget Amendment Resolution #2002-R-55, as shown on page _______, $139,360 – Public Works: 10101 – Transportation Trust fund. Equipment in the Road Operations Section was budgeted at a cost that allowed for an estimated trade-in value. Subsequently, it was determined that auctioning the old equipment would yield a better return to the County. The proceeds from the sale were $164,360; request $99,674 to be applied to the budget to purchase the approved equipment; $26,488 to purchase a pickup truck to replace one that is no longer operational. The remainder of the proceeds, less the originally anticipated revenue of $25,000, will be placed into Transportation Trust Reserves.
25. Award FC-1169-02/BJC Contract, as shown on
page _______, Museum of Seminole County, Agriculture Exhibit Building, to
Pooley Enterprises, Inc., Orlando ($271,153.00).
26. Award CC-1174-02/BJC Contract, as shown on
page _______, Northwest Regional WasteWater Treatment Plant (WWTP) Chemical
Feed System Improvements, to Mack Concrete Industries; A Division of Mack Industries
Inc., Astatula ($179,900.00).
27. Award FC-1178-02/BJC Contract, as shown on
page _______, Indian Hills Water Treatment Plant Sodium Hypochlorite Feed
System, to McMahan Construction Co., Inc., DeLand ($136,000.00).
28. Approve Change Order #3, as shown on page _______, to FC-1137-00/BJC – Lake Hayes/Lake Monroe Water Treatment Plants 2000 Improvements, with Meadors Construction Company, Inc., Jacksonville ($11,719.55) (Time Extension).
29. Approve Amendment #2, as shown on page _______, to Work Order #3 – PS-516-98/BJC – Engineering Consulting Services for Lake Hayes Water Treatment Plant 2000 Improvements, with CPH Engineers, Inc., Sanford ($56,010.00).
30. Approve Amendment #1, as shown on page _______, to PS-545-99/BJC - Professional Engineering Services for Heathrow Water Treatment Plant Expansion, with PBS&J, Orlando ($13,560.00).
31. Approve Amendment #1, as shown on page _______, to PS-576-00/BJC - Engineering Services – Preliminary Engineering, Final Design & Environmental Permitting and Post Design Services for Sand Lake Road (Hunt Club Boulevard to S. R. 434), authorize negotiations and award an agreement to Professional Engineering Consultants, Inc., Orlando (Additional Funds increased by $119,659.00).
32. Award RFP-4146-02/BJC Contract, as shown on page _______, Seminole County Household Hazardous Waste (HHW) Program, to US Liquids of Florida, Inc., Tampa (Not-to-Exceed $95,000 per year).
33. Approve Amendment #2, as shown on page _______, to Work Order #4 for RFP-489-00/BJC - Appraisal Services Master Agreement, with Clayton, Roper & Marshall, Inc., Altamonte Springs ($25,000.00).
34. Approve Amendment #1, as shown on page _______, to RFP-496-01/BJC – Auditing Services for Seminole County, with KPMG LLP, Orlando (Add Language to Contract).
35. Approve Amendment #1, as shown on page _______, to RFP-497-00/BJC - Right-of-Way Acquisition Services for Wymore Road, with Gulf Coast Property Acquisition, Inc., Lakeland (Time Extension and revised Scope of Services and Exhibits).
36. Approve Amendment #1, as shown on page ________, to RFP-4100-00/BJC - Right-of-Way Acquisition Services for Airport Boulevard – Phase II, with Gulf Coast Property Acquisition, Inc., Lakeland (Revised Scope of Services and Exhibits).
37. Approve Amendment #1, as shown on page _______, to Miscellaneous Lease Agreement M-277-01/BJC – Upgrade the Positron Lifeline 100’s at the Casselberry Police Department and Altamonte Springs Police Department, with Sprint-Florida, Altamonte Springs ($38,036.40).
38. Award IFB-3043-02/PE – Landscape Maintenance, Fine Cut Mowing for County Fire Stations to Omega Landscaping, Tavares. Not-to-exceed $91,950.00 for five (5) year period).
39. Award RFP-4142-01/JVP – Transport Capable Units (Ambulance/Firefighting Rescue Units) to Medtec Ambulance of Goshon, IN ($1,009,770.00).
46. Approve and authorize Chairman to execute the Memorandum of Understanding, as shown on page ________, between Seminole County and the Seminole Community Volunteer Program (RSVP).
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Maloy discussed Item #15, Contract to continue the support of United Arts through September, 2003. He said he believes the arts should be funded by the private sector and not the public sector. He added that he does not like government subsidizing art.
Motion by Commissioner Maloy to take no action on the Contract with United Arts for support through September 2003.
The Chairman called for a second to the motion with no response. Whereupon, the motion died for the lack of a second.
Commissioner Morris stated he does not believe he has seen a financial report.
Upon inquiry by Commissioner Morris, Community Assistance Manager, David Medley, addressed the Board to advise the contract expired the end of March. Discussion ensued.
Commissioner Morris stated he believes the Board needs more information about the past distributions. He questioned who the arts coordinator is. He added that one of the commitments made for this money was that there would be a full reporting on where the money was spent.
Commissioner Van Der Weide stated the Board finds itself in this type of predicament much too often.
Chairman McLain stated that just because the County gives $100,000 does not mean they cannot receive more than that amount for County projects. He said he hopes the new Executive Director of United Arts can come to the next Board meeting to discuss these issues.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to continue to a future meeting (at the Chairman’s & County Manager’s discretion) consideration of the United Arts Contract.
Under discussion, Commissioner Maloy stated he would like to see what has been the total amount given by Seminole County during the past five years.
Commissioner Henley stated he sees only $10,000 budgeted for small grants in Seminole County and he is not happy with the distribution.
Districts 1, 2, 3, 4 and 5 voted AYE.
CLERK’S
REPORT
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated March 19 & 26, 2002; and Payroll Approval List, as shown on page _______, dated March 14, 2002.
2. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:
Chester Lamont Bradley & Safety National Casualty - $201
Segundo Rener Mercado & Accredited Surety - $413
Charles Thomas Miller & Continental Heritage Ins. - $6,038
Juan Tomas Sosa & American Bankers Ins. - $4,988
Rafael D. Torres & Continental Heritage Ins. - $1,038
Chuen Sary Wang & Continental Heritage Ins. - $4,988
Raymond Williams & Seneca Ins. - $2,038
3. Chairman to execute the following Satisfactions of Judgment for Court Costs:
Carrie Everett, Case #96-8342-MMA - $110
Kim Yvette Green, Case #93-1341-CFA - $280
Shawn Curtis Melahn, Case #01-718-CFB - $40 Application of Indigency Fee
Peggy Mitchell, Case #94-11742-MMA - $110
4. Official Minutes dated March 12, 2002.
5. Adopt revision to the Seminole County Investment Policy, including language to reflect education requirements of FS 218.415(14), as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Maintenance Bonds, as shown on page _______, for water and sewer facility in the amount of $3,861.20 for Lake Forest Section 11B and $3,651.30 for Lake Forest Section 13.
2. Maintenance Bonds, as shown on page _______, in the amount of $109,100 for Osprey Lakes and $8,745.20 for Greystone Subdivision.
3. Letters from Tony Matthews relative to the February 25, 2002 Board of Adjustment meeting action to the following: James & Rosalie Morace; Larry & Ilene Glynn; Habitat for Humanity (2); Edward & Christine Zaremba; Jeffery Waggoner (2); Frank Soley; Mark Rice; The Master’s Academy of Central Florida; Francis & Susan O’Reardon; Kathleen Fargo; Brad & Anita Howington; Carl Kraker; Agnes & Will Roger; Jayn A. Kelly (2); Cornerstone Church of Orlando; St. Mary & Archangel Michael Coptic Orthodox, Inc.; and Bobby E. Hurst & Hugh Cotton.
4. Addendum #1 to the Colonial Town Park PUD Developer’s Commitment Agreement, as shown on page _______.
5. Development Orders, as shown on page _______, as follows: #0-21-000005, Tivoli Orlando Associates, Inc. Final PUD Master Plan; #01-32000032, Seminole Soccer Club Inc. relating to Verizon Wireless Telecommunication Tower; #1-20000016, C.A. Stone Rezoning; and #01-32000041 Academy of Learning, Inc. Special Exception.
6. Law Enforcement Block Grant Program Application, as shown on page _______, as approved by the Board on August 28, 2001.
7. Drainage Easement, as shown on page ________, with TWC Seventy-Six, Ltd. for Wyndham Place Apartments.
8. Letter to Jim Ferber, Central Florida YMCA, from Kevin Grace, County Manager, relating to the Series 2002 Industrial Development Revenue Bonds for Central Florida YMCA projects.
9. Amendment to Conditional Utility Agreements, as shown on page _______, for water and sewer service for Robert F. VonHerbulis for the project known as McKee Construction.
10. Bill of Sale, as shown on page _______, relating to water and sewer system within the project known as Lake Forest Section 11B.
11. Bill of Sale, as shown on page _______, relating to water and sewer system within the project known as Lake Forest Section 13.
12. Bill of Sale, as shown on page _______, relating to water system and road improvements within the project known as Southampton a/k/a Ridge Pointe Cove.
13. Satisfactions of Connection Fees, as shown on page ________, for the project known as Estates of Aloma Woods Phase II; Estates of Aloma Woods Phase IIA; and Estates of Aloma Woods Phase III.
14. Conditional Utility Agreements, as shown on page _________, for water and sewer service with Byron Bonyadi for the project known as Winding Cove Subdivision.
15. Satisfactions of Connection Fees, as shown on page _________, for the projects known as Pinewood and Bread of Life Church.
16. Conditional Utility Agreement, as shown on page ________, for sewer service with First Team Ford, Ltd. for the project known as Courtesy Honda.
17. Conditional Utility Agreements, as shown on page ________, for water and sewer service with JJL Investments for the project known as Canterbury Cove-Lot 68.
18. Conservation Easement, as shown on page ________, with Magnolia Plantation Partners, approved per Resolution #2002-R-17 adopted by the Board on 2-12-02.
19. Sidewalk Easement, as shown on page ________, with David & Elizabeth Hill.
20. Change Order #1, as shown on page ________, to FC-1173-01.
21. Change Order #1, as shown on page ________, to FC-1158-01.
22. Change Order #3, as shown on page _________, to FC-1142-00.
23. Seventeenth Amendment, as shown on page ________, to RFP-413-97, A1A Cleaning Services, Inc.
24. Second Amendment, as shown on page ________, to Work Order #1 to PS-590-01.
25. First Amendment, as shown on page ________, to M-232-01, Tiffany Busby.
26. Work Order #2, as shown on page ________, to PS-593-01.
27. Work Order #9, as shown on page ________, to PS-586-01.
28. Work Order #50, as shown on page ________, to PS-532-98.
29. First Amendment, as shown on page ________, to M-269-01, KPMG LLP.
30. Amendment, as shown on page ________, to Work Order #24 to PS-538-99.
31. Mutual Termination of Work Order #2, as shown on page _________, to PS-560-00.
32. Work Order #39, as shown on page ________, to PS-543-99.
33. M-304-02, EMI Consulting Specialties, Inc., as shown on page ________.
34. Work Order #28, as shown on page ________, to PS-556-00.
35. Alaqua Lakes PUD Final Master Plan Developers Commitment Agreement, as shown on page ________, as approved by the Board on 4/24/01.
36. Dovera Community Development District Annual Financial Report for the fiscal year ended September 30, 2001.
37. Bids as follows: IFB-3043-02; IFB-281-02; RFP-4148; CC-1174-02; IFB-3041-02; RFP-4147-02; CC-1180-02.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute the Budget Amendment Resolution #2002-R-60, as shown on page _______, appropriating $7,185 in funds donated to the Sheriff’s Office in support of the homeland defense initiative.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Request for the Board to select a team of investment banking firms for RFP-4144-02/BJC.
The Board voted, by ballot, for the number one firm. County Attorney, Robert McMillan, announced that Salomon Smith Barney received four votes and is the number one firm. He advised that Commissioner Van Der Weide voted for William R. Hough & Co.
The Board then voted, by ballot, for the second firm. Mr. McMillan announced that William R. Hough & Company received three votes and is the second firm. He stated that Commissioner Morris voted for Banc of America Securities, LLC and Commissioner Henley voted for UBS Paine Webber, Inc.
The Board then voted, by ballot, for the third firm. Mr. McMillan announced that Banc of America Securities, LLC received five votes and is the third firm.
All ballots were received and filed.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to select the following firms for RFP-4144-02/BJC, Investment Banking Services for Seminole County and authorize staff to utilize the firms: (1) Salomon Smith Barney; (2) William R. Hough & Company; and (3) Banc of America Securities, LLC.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planning & Development Director, Don Fisher, addressed the Board to request the Board accept the Hearing Officer’s findings with regard to the Oxford Outdoor Advertising’s sign.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to accept the Hearing Officer’s findings; and authorize the staff to grant Oxford Outdoor Advertising’s request to construct an outdoor advertising sign for a site located on Upsala Road, north of Orange Boulevard.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace requested Item #57, Natural Lands Caretakership Residence Program, be continued so that staff can make some changes and present this item in an organized format.
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Community Resource Manager, Colleen Rotella, addressed the Board to request direction with regard to the option agreement for the acquisition of the Stribley property located on the north side of Spring Hammock, between CR 419 and Lake Jesup.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to authorize exercising Option Agreement, as shown on page _______, for the acquisition of the Stribley property, consisting of 20 acres located on the north side of Spring Hammock, between CR 419 and Lake Jesup.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Rotella requested direction with regard to the Option Agreement for Jetta Point LLC and Yeager, Trustee properties. She advised a revised option agreement has been distributed (copy received & filed).
Chairman McLain stated one of his concerns with this was that the County might be purchasing property to be surplused at a later date. He said he believes they need a master plan so that the entire site can be used.
Commissioner Morris stated if there is unused property that is surplused, the revenue from that should be distributed back to the sources of funds used for purchasing it.
Mr. Grace identified funding sources for the purchase, stating about $1.5 million will come from General Fund sources - $800,000 from the telecommunications utility tax; $200,000 from old money and $500,000 from cash carry forward. He added that he feels comfortable with recommending these funding sources.
Commissioner Maloy stated he opposes using the telecommunication utility tax money and believes the Board should stay with their original commitment to take a look at the tax and perhaps roll it back.
Mr. Grace advised Chairman McLain that his recommendation is to do a master plan for public use of the property.
Upon inquiry by Commissioner Morris, Ms. Rotella advised there are at least two grants that would fit for this property.
Commissioner Morris stated he will file a Conflict of Interest Form, as shown on page _______, and will not vote on this item. He stated that he does not believe there is a direct conflict, but there may be an appearance of one.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve Option Agreements, as shown on page _______; and authorize staff to exercise options for purchase of the Jetta Point LLC and Yeager Trustee properties for a price not to exceed $4,350,000, with closing to occur within 45 days of Board action.
Under discussion, the Chairman advised there is also direction from the Board to move forward with the master plan and to work with the City of Winter Springs to co-develop the property.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris abstained from voting.
Ira
Barrow, Road Operations Manager, addressed the Board to give an update of the
Unpaved Road Program and to seek Board direction on how to conclude this
program. He gave a PowerPoint
presentation (copy of slides were received & filed), advising during Year 1
(FY 99/00) 125 roads were paved totaling 37.44 miles and in Year 2, 130 roads
were paved totaling 28.71 miles. He
stated there are 37.40 miles to pave during Year 3 (FY 01/02). Of the 37.40 miles, 5.26 of these are roads
with inadequate right-of-way and there is $500,000 additional money needed for
completion of the program.
Mr.
Barrow thanked DCM Sally Sherman for her assistance in working with the Midway
community in order to get roads paved in that area.
The
Board, by unanimous consensus, directed staff to withdraw the roads from
the program where there is no right-of-way commitment received by September 30,
2002 with follow-through execution of the dedication by March 31, 2003.
The Board, by unanimous consensus,
directed that if there is not sufficient right-of-way dedicated, the County
will end all maintenance and the road would be considered private and the
residents would assume responsibility for maintenance.
Mr.
Barrow reviewed the special-issue roads, advising the majority of the residents
on Brumley Road oppose the paving.
The
Board, by unanimous consensus, directed thay Brumley Road would not be
paved.
Discussion
ensued with regard to Wekiva Park Drive.
Mr. Barrow requested the Board allow staff to look at the roads not
previously programmed (included in slide #12) and to check to see if they
warrant including them in the program.
He said staff would then report back to the Board at the end of July
with a potential schedule for paving.
Upon
inquiry by Commissioner Maloy, Mr. Barrow stated Center Street and Temple could
be added to the list.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
approve and authorize the following:
(1) Sunset of right-of-way commitment will be September 30, 2002 and
right-of-way dedication by March 31, 2003; (2) Emergency maintenance only after
September 30, 2002 for roads awaiting development and inadequate right-of-way
roads; (3) No Maintenance after March 30, 2002 on Zero Right-of-way Roads; (4)
Authorize staff to proceed with paving (solution may be in current location, in
dedicated right-of-way or via other solution) for Wekiva Park Drive; (5)
Authorize staff to evaluate roads not previously programmed for scheduling
under renewed 2001 Sales Tax and report back to the BCC no later than July 31,
2002 - needed right-of-way commitments by June 30, 2003 and right-of-way
dedication by December 31, 2003; and (6) Take Brumley Road out of the
program.
Under
discussion, the Chairman advised Commissioners will bring forth any additional
roads for consideration within the next 30 days.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr.
Grace advised the Chapter 120 Hearing regarding the Estates of Lake Howell
Development has been completed and staff is seeking Board direction to either
proceed with the KGB
Development Agreement and bring back consideration of the land swap or to stop
any further action regarding same. He
stated staff believes there is some public benefit to the land swap; however,
the other side of the issue is that this will allow additional density for the
development.
Chairman
McLain clarified that the Board is only considering whether to bring this item
back for a public hearing.
Mr.
Grace advised if the Board directs staff to proceed, the item will come back
for consideration of the land exchange agreement and the item will be
advertised.
Mr.
McMillan advised there is no public hearing requirement. The requirement is to advertise the intent
of the land swap.
Assistant
County Attorney, Steve Lee, explained that issue of the Chapter 120 Hearing was
whether the St. Johns River Water Management District should issue a permit to
KGB Lake Howell authorizing the construction of a surface water management
system to serve their apartment development.
He advised that the recommended Order has found that the applicant has
adequately dealt with the environmental impacts of the proposed development
including the .99 acres of wetlands.
The Order also deems the land swap as irrelevant to the 120
Hearing.
Upon
inquiry by Commissioner Henley, Mark Flomerfelt, Stormwater Manager, addressed
the Board to state he agrees with the statement that KGB’s development will
reduce the water flowing through the canal because the developer is proposing
to build a pond on the northern end of the site. He also agreed that the approval by St. Johns does not depend
upon the County’s land swap with the developer. He added that he believes the County still needs the retention
pond for Howell Branch Road.
Upon
inquiry by Commissioner Morris, Mr. Flomerfelt explained where the retention
from Howell Branch Road is running. He
advised Commissioner Morris that there would be no detriment to same should the
County swap the property. He added he
believes the swap will benefit the drainage in the area if the swap is
approved. Discussion ensued.
Upon
inquiry by Commissioner Henley, Mr. Flomerfelt advised if the land swap does
not go through, there are other ways to deal with the wetlands - it is not the
only option.
Ken
Wright, representing KGB Lake Howell LLC, addressed the Board to state they are
in the process of developing a site plan for the City of Casselberry. He explained that when there are wetlands on
the site, part of what he does is assist a client to develop a site plan that
will reduce the impacts to the wetlands.
Upon
inquiry by Commissioner Maloy, Mr. Flomerfelt advised to implement their
improvement plans, the County will need to work with the adjacent property
owner (Mrs. Haines) to obtain an easement.
Commissioner
Maloy advised that Mrs. Haines has indicated that if the County moves forward
with this, she will not allow any improvements on her property.
Commissioner
Henley stated as he sees it, Mrs. Haines’ cooperation is very important to the
improvements. He added he believes Mrs.
Haines is withdrawing from her effort to cooperate with the County.
Shirley
Haines addressed the Board to advise she owns property on both sides of Lake
Howell. She stated she has cooperated
with the St. Johns River Water Management District in the past to get the dam
built and she has allowed the County to work on Haines Creek. She further advised that the County, with
her cooperation, put a culvert under the road in the wrong position and now it
floods her property. She also
complained that the County crew cut limbs and have done things on her property
without her permission. She said that
there are a lot of issues that leave her with a significant number of
“unknowns”.
Chairman
McLain stated the Board is deciding whether to schedule a public meeting to
consider the land swap and during that meeting all the issues will be discussed. He stated he has concerns about the problems
Mrs. Haines has had on her property and would like a briefing from Mr.
Flomerfelt.
Commissioner
Morris agreed that the entire Board needs an explanation.
Commissioner Henley stated he is opposed to
moving this item forward. He said from
the beginning he did not believe Chapter 20 was pertinent to the question
before the Board and the Judge’s order took that same position. He referred to some correspondence from
Meredith Harper, Shutts & Bowen, and the Statute dealing with governmental
land swaps. He said the Statute refers
to land not needed for County purposes.
He stated, in his opinion, the land proposed to be swapped is needed for
County purposes. The land was obtained
by condemnation because it was needed for County purposes. He said the land swap is an action that will
increase density and is one the Board does not have to take. He added that no study has been done for the
area, there are no definite drainage plans and no one knows the total cost.
Commissioner
Maloy stated the Board would be increasing density and he is uncomfortable with
that. He said he does not believe this
issue has enough positives to move it forward.
Motion by Commissioner Maloy, seconded by Commissioner Henley to stop any
further action on the Estates at Lake Howell - Pond/Wetlands Exchange.
Under
discussion, Commissioner Morris stated he believes every one of the points
Commissioners Henley and Maloy made needs to be answered. He said he thinks staff should answer what
has occurred on Mrs. Haines property and believes Mr. Grace should personally
oversee staff’s report that will come back to the Board with a formal
recommendation.
Chairman
McLain stated the County has been looking for a way to improve the basin. He said he still is not clear what the
benefits are to the County if the swap is made. He further stated that the Board needs a clear recommendation
from staff.
Commissioner
Van Der Weide stated he believes the concerns that have been raised are valid;
however, he believes the staff, with the County Manager, needs to come up with
a clear recommendation and a clear answer to all the questions regarding this
land swap.
Mr.
Grace advised that the reason this issue is before the Board is because it is a
beneficial project. However, it is not
a project that the County has to have or the world is going to end.
Districts
1 and 4 voted AYE.
Commissioners
Morris, Van Der Weide and McLain voted NAY, whereupon, the motion failed for the lack of a majority
vote.
Commissioner
Henley stated the staff is being asked the “unknown” and it is all
speculative. He pointed out that Mrs.
Haines is not going to cooperate and her cooperation is crucial.
Upon
inquiry by the Chairman, Mr. Grace advised that if he cannot pull a
recommendation together in the next day or two, he will schedule for this to
come back to the Board the meeting after April 23, 2002.
The
Board, by majority consensus, continued this item until the next meeting
and directed staff to come back with a detailed report with a clear
recommendation and answering all questions regarding the proposed Estates at
Lake Howell Pond/Wetlands land exchange.
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The Board, thereupon, recessed at 12:38 p.m., reconvening at 1:33 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.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize
filing of the proofs of publication for this meeting's scheduled public
hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Vacate and Abandon portion of the right-of-way for Old
Orlando Road located on the west side of U.S. Highway 17-92 to the south of the
intersection of County Road 427 and U.S. Highway 17-92, Stephen Parks
representing Power Sports Group, received and filed.
Don
Fisher, Planning & Development Director, addressed the Board to state the
Board denied this vacate request in March 2001. It was determined at that time that it would be premature until
issues were resolved relating to the expansion of U.S. Highway 17-92. He stated these issues have been resolved
and staff has determined that this right-of-way is no longer needed.
Kirby
Mullins, representing the applicant, addressed the Board to advise he concurs
with staff recommendations.
No
one spoke in support or in opposition.
District
Commissioner Morris stated he wants to thank Mr. Parks and the Power Sports
Group for working together with him and staff relative to the 17-92
Redevelopment project.
Motion by Commissioner Morris, seconded by Commissioner Henley to adopt
appropriate Resolution #2002-R-57, as shown on page ________, vacating and
abandoning portion of the right-of-way for Old Orlando Road located on the west
side of U.S. Highway 17-92 to the south of the intersection of County Road 427
and U.S. Highway 17-92, as described in the proof of publication, Stephen Parks
representing Power Sports Group.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Morris left the meeting at this time.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Ordinance – Wekiva Global Compliance Agreement/Wekiva River
Protection Area Environmental Design Standards, received and filed.
Craig
Shadrix, Planning, addressed the Board to state this is the first of two public
hearings. He stated staff has received
comments from the past several weeks.
He said he has summarized staff recommendations in a memo (received and
filed) dated April 9, 2002.
Keith
Schue, representing Sierra Club, addressed the Board to state he is in support
of the request. He submitted a letter
(received and filed) from the Sierra Club requesting the Board to include
additional recommendations and comments as outlined on pages 2 and 3. He referred to and reviewed page 6, Section
6(b)(3) Wetland and Flood Prone Areas; Section 6(c)(1) and Section 6(c)(2)
Clustering and the Planned Unit Development.
He also reviewed recommendations for Page 7, Section 6(d)(1) and to
modify, in order of priority, Page 8, Section 6(d)(3). He read into the Record the additional
proposed text to include Section 6(e) Wildlife Movement, and Section 6(f)
Protection of Water Resources.
Commissioner
Morris reentered the meeting at this time.
Chairman
McLain stated staff will respond to the Sierra Club’s additional comments at
the second public hearing.
Upon
inquiry by Commissioner Van Der Weide, Mr. Schue advised he believes that as
far as design standards are concerned, the ordinance is going to be applicable
to subdivisions and they can be structured in a way to accommodate the property
owner’s concerns as well as wildlife in the area.
Commissioner
Van Der Weide stated he would encourage the Board to eliminate that suggestion.
Commissioner
Morris stated he feels that Mr. Schue has some good ideas, but he has some
concerns relating to the solid wall and fence issues. That needs to be a design consideration in terms of how that is
done.
Discussion
ensued between Commissioner Morris and Mr. Schue relating to the PUD
zoning.
Mr.
Schue stated he would have no objections if this was modified to address PUD
zoning in particular.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the
second public hearing on April 23, 2002 at 7:00 p.m., to consider an Ordinance
– Wekiva Global Compliance Agreement/Wekiva River Protection Area Environmental
Design Standards, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance – Wekiva Global Compliance Agreement/State Road 46 Scenic Corridor Overlay Outdoor Lighting Standards, received and filed.
Craig Shadrix stated staff has included their recommendations in the letter submitted for the previous issue.
Keith Schue stated he is in support of this item as well. He submitted a letter (received and filed) from the Sierra Club requesting the Board to consider their comments relating to off-site signs and State and Federal Facilities. He recommended striking the term “off-site” and adding the text implemented in the SR 46 Scenic Corridor Ordinance relative to the time the signs should be turned off.
Commissioner Morris stated he believes there are a variety of state agencies which have superceding rights over the County. He stated he would like to know if staff has received any comments from the Florida Department of Transportation (FDOT).
Mr. Shadrix stated staff will obtain their comments.
Upon inquiry by Commissioner Morris, Mr. Shadrix advised anyone currently operating in this district will be grandfathered in.
Lou Musica, representing Clear Channel Outdoor, addressed the Board to request the Board to completely delete Section 10 from the ordinance and to delete “accepting new advertising signs”.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize the second public hearing on April 23, 2002 at 7:00 p.m., to consider an Ordinance – Wekiva Global Compliance Agreement/State Road 46 Scenic Corridor Overlay Outdoor Lighting, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance repealing the existing “Cable Television Franchise Ordinance” designated as Chapter 55, Part 1 of the Seminole County Code; and adopting new Cable Television Franchise Ordinance designated as Chapter 55, Part 1 of the Seminole County Code, containing Sections 55.1 through Section 55.37, received and filed.
Upon inquiry by Commissioner Morris, Kevin Grace, County Manager, advised staff has received a letter from Time Warner requesting a continuance of this item.
Greg Holcomb, Telecommunications, addressed the Board to advise staff has no objections to continuing this item.
Commissioner Van Der Weide stated Time Warner has requested a continuance, as there are some issues that need to be addressed. He stated he would like the County Manager and staff to address some of those issues with Time Warner. He would like to participate in the meeting with staff and Time Warner so that he can address some of his concerns.
No one else spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to continue to May 14, 2002 at 1:30 p.m., request to consider an Ordinance repealing the existing “Cable Television Franchise Ordinance” designated as Chapter 55, Part 1 of the Seminole County Code; and adopting new Cable Television Franchise Ordinance designated as Chapter 55, Part 1 of the Seminole County Code, containing Sections 55.1 through Section 55.37, as described in the proof of publication.
Under discussion and upon inquiry by Chairman McLain, Diane Pickett Culpepper, representing Time Warner Cable, addressed the Board to state she supports the motion to continue to May 14, 2002.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a Development Agreement between Seminole County and Florida Jai Alai, Inc. for the construction of a 19.4 x 220.10 square foot point-of-sale sign and the removal/demolition of three off-premise billboard signs, received and filed.
Commissioner Van Der Weide stated he recalls seeing an article in the newspaper that the Jai Alai is closed and may not reopen.
Robert McMillan, County Attorney, stated he has heard that as well but he does not have any confirmation. He stated this is the first of two public hearings on the development agreement and staff can obtain answers to this issue by the next public hearing.
Don Fisher stated this is the first of two public hearings of the Development Agreement. He stated last year Jai Alai requested a height variance for a point-of-sale sign and that was withdrawn due to concerns by the Board.
Upon inquiry by Commissioner Maloy, Mr. Fisher advised a 15-ft. point-of-sale sign can be placed on this property and it could be 100 sq. ft. with a reader board without having to seek additional approval from the County other than obtaining permits.
Commissioner Van Der Weide left the meeting at this time.
Commissioner Maloy stated he didn’t realize that point-of-sale signs apply to properties elsewhere.
Mr. Fisher stated the point-of-sale signs reflect the property where a business takes place.
Commissioner Morris stated the owner wants 17-92 frontage signs and he has a lawful right to advertise according to the Code. He stated the owner has come up with a scheme to remove three billboards at the termination of the contract. The public purpose is the owner will continue to clean up his site.
Stan Bessmer, 1301 Glastonberry Road, addressed the Board to speak in opposition to the request. He stated the thing he finds wrong with this is a board with a flashing sign will be placed on 17-92 and SR 436. This is a dangerous intersection and a sign like this would distract a driver’s attention. He stated he would prefer them using the same sign Florida Jai Alai previously had. He said he supports the changed design of the sign.
Lou Musica paraphrased some of the issues in his letter (received and filed) relating to Clear Channel’s position to the three outdoor advertising signs. He stated Clear Channel owns the advertising sign structures and Florida Jai Alai does not have the right to negotiate the lessee’s interest in this particular case. He said Clear Channel’s tenancy of these signs precedes the effective date of the Developer Agreement and the County cannot remove their property by way of an unrelated breach by Jai Alai. Also, if Florida Jai Alai breaches their agreement, they do not feel the County has legal authority to take their property without compensation, because they are not a party to the agreement.
Commissioner Morris stated the lease agreement expires in 2012 and that will not be renewed.
Commissioner Henley stated when the proposal came forward, he insisted that a copy of the lease be provided. He stated the County has no right to try to make Florida Jai Alai break that lease and it is their option to renew a lease. Therefore, negotiations should be between Clear Channel and Florida Jai Alai.
Mr. McMillan stated the billboard legislation provides that if a billboard is removed as a result of a developer’s commitment agreement, then the billboard company is entitled to compensation.
Chairman McLain stated if he is a property owner and he has a lease with a third party for a billboard and he would like to resolve an issue, he cannot negotiate in good faith with the County for a special exception with a commitment that he will not renew leases that also have signage. Mr. McMillan stated that is his understanding. Chairman McLain stated he feels that is taking property rights away.
Commissioner Morris stated the Governor responded to a letter relating to the billboard law and he indicated that the property owner is giving up property rights to a tenant. He stated Senator Constantine indicated that this is impossible. He added he believes this new law will end up in court.
Mr. Musica stated the property owner chose of his own free will, to enter into a lease agreement with the tenant and whenever that happens, things go both ways. Discussion ensued.
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 authorize the second public hearing on May 14, 2002 at 1:30 p.m., to consider a Development Agreement between Seminole County and Florida Jai Alai, Inc. for the construction of a 19.4 x 220.10 square foot point-of-sale sign and the removal/demolition of three off-premise billboard signs, as described in the proof of publication.
Commissioner Morris stated he feels the Board should consider limiting the reader boards. He stated these boards can stay at the automobile dealerships, but he would like to get them out of the other areas.
Districts 1, 2, 3, 4 and 5 voted AYE.
The consensus of the Board was to direct the County Manager to draft a letter, as shown on page _______, for the full Board’s signature, to the Legislative Delegation opposing SB 1906 and SB 550.
Chairman McLain reviewed the meetings he and Mr. Grace had with the Chairmen and County Managers of Lake and Volusia Counties relative to what each county has in common, what were the areas of disagreement, and how they can work together in moving forward with common initiatives.
Commissioner Morris left the meeting at this time.
Chairman McLain reported on his discussions with Lake County and their thought of forming their own MPO. He said he discussed the benefits of Lake joining the County’s MPO.
Commissioner Morris reentered the meeting at this time.
Chairman McLain stated that is something he is going to pursue from the staff level. He suggested that since Commissioner Van Der Weide is the MPO chairman, he may want to contact Lake County relative to this issue. He stated there were discussions relating to the western beltway, SR 46 being the only east/west corridor to connect to the northern alignment of the beltway, and water conservation.
Mr. Grace stated Seminole County is in the process of putting together a water conservation plan. He stated he and Chairman McLain discussed the possibility of doing a joint publicized effort with Lake County.
Chairman McLain stated he is planning to meet with the representatives from Brevard County, Osceola County and Orange County as well.
Mr. Grace stated he is meeting this Friday with Kirby Green and Cindy Coto to try to come up with ideas to jointly move forward with regard to the water issue.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of facsimile of letter dated April 1, 2002 from Joseph P. Pasqueletti, President, Emerson International, Inc., to Kevin Grace, County Manager, with copies to Board RE: proposed Seminole County Conference Center at Center Point on the Park Development at Cranes Roost Park. (cc: Deputy County Managers)
2. Letter dated March 27, 2002 from Jennifer Bencie, Seminole County Health Department Administrator, to Chairman with copies as noted, RE: First Quarter Report.
3. Letter dated March 22, 2002 from Ken Leffler and James Berko to Chairman RE: Seminole Children’s’ Village major septic/sewer repairs. (cc: Board, County Manager, Community Services Manager for response).
4. Notice of Public Hearing from Jay Sergeant/City of Longwood RE: Vacate and Abandon, Lot Split and Small Scale Plan Amendment located at 900 North Street. (CC: Board, County Manager, Deputy County Manager, Planning & Development)
5. Letter dated March 29, 2002 from Diane Pickett Culpepper, Time Warner Cable, to Chairman and Commission with copies to Cable Franchise Coordinator and County Manager RE: programming changes and pricing changes.
6. Email dated March 27, 2002 from W. Tom Montgomery to Board RE: opposition to rezoning at Tall Trees. (cc: Matt West, Cindy Matheny).
7. Email dated March 28, 2002 to Board from John & Susan Eberle RE: UCF Master Plan. (cc: Don Fisher, Matt West, Mahmoud Najda)
8. Email dated March 31, 2002 from Governor’s Front Porch Florida to Chairman RE: new community programs. (cc: Board, County Manager, Deputy County Managers)
9. Email dated March 28, 2002 from Cindy Hall, Fiscal Services Director, to Board RE: Moody’s rating on the gas tax refunding bonds.
10. Email dated March 28, 2002 from Bob Rucci, Winter Springs to WFTV, Oviedo Voice, Orlando Sentinel, with copies as noted RE: proposed Paw Park for Winter Springs.
11. Copy of letter to Don MacTavish, TI Group Automotive Systems, from Larry J. McIntyre, Agency for Workforce Innovation, with copies as noted RE: layoff of 69 employees in Seminole County in May. (cc: Human Resources)
12. Email dated April 1, 2002 from Joan Frazier to Chairman RE: Seminole County Animal Services and euthanization of animals. (cc: Board, Ken Roberts, Mike Wittmer for response)
13. Email dated March 29, 2002 from Barb Slost to Board RE: development along 419 between Lockwood Road and Chuluota (cc: Board, County Manager, Deputy County Manager, Matt West)
14. Email dated March 29, 2002 from Bruce Bevitz to Board RE: support of the senior housing village. (cc: Don Fisher, Matt West, Cindy Matheny)
15. Copy of letter dated March 28, 2002 from Stephen P. Lee, Deputy County Attorney to Scott Johnson, Holland & Knight LLP with copies as noted RE: Riverwind Parking Facility. (cc: Board)
16. Facsimile copy of letter from Meredith Harper, Shutts & Bowen LLP to Tom Radzai, Senior Engineer, with copies as noted RE: KGB/Lake Howell. (cc: Board)
17. Letter dated March 27, 2002 from Representative Mark Flanagan to Chairman RE: support in petitioning the Governor to veto CS for SB 1906 and 550-growth management legislation. (cc: Board, County Manager, Deputy County Manager, Deputy County Attorney)
18. Notice of Public Hearing from Cynthia Porter/City of Sanford RE: annexation of 2.220 acres between Andrews Road, Sanford Avenue and The Greeneway. (cc: Board, County Manager, Deputy County Managers, Matt West)
19. Various emails in support of the rezoning for the Jewish senior housing village. (cc: Board, County Manager
20. Email dated March 26, 2002 from William Wills to Board RE: opposition to rezoning near Tall Trees subdivision. (cc: Don Fisher, Matt West)
21. Emails to Board in support of the Jewish senior village rezoning. (cc: Don Fisher, Matt West, Cindy Matheny)
22. Copy of letter to David Burman, Manager, Crossings Master Community Association, Inc., dated March 20, 2002 from J. Suzy Goldman, Library & Leisure Services Director, RE: use of security at Greenwood Lakes Park in response to his inquiry of same. (cc: Board, County Manager, Deputy County Manager)
23. Copy of letter dated March 21, 2002 to Irene Paino from Michael Wittmer with copies as noted RE: response to her letter regarding a project HEART program in Seminole County. (cc: Board, County Manager, Sheriff’s Office)
24. Copy of letter to Chairman from Gloria Goodman RE: support of the rezoning for the Jewish senior housing project. (cc: Board, Don Fisher, Matt West, Cindy Matheny)
25. Copy of facsimile to Kevin Grace, County Manager, dated March 25, 2002 from Meredith Harper RE: Estates at Lake Howell/Exchange being on the April 9th BCC agenda. (cc: Board, Planning & Development/Administration, Planning)
26. Copy of letter to David Dennis, KPMG, dated March 22, 2002 from Maryanne Morse, Clerk of the Circuit Court, submitting a “Statement of Fact” regarding the Clerk of the Circuit Court’s computer environment. (cc: County Manager, Information Technologies Director)
27. Letter from Martha Monel, Grants Administration U.S. Environmental Protection Agency, to EPA Assistance Agreement Recipient RE: clarification of responsibilities as a EPA funds recipient. (cc: County Manager, Deputy County Managers, Environmental Services Director)
28. Letter dated March 22, 2002 from Chester H. Chandler, FDOT ITS Office Manager, RE: meeting notices regarding Advanced Traveler Information System. (cc: Board, Planning & Development, Planning, County Engineer)
29. Letter dated March 15, 2002 from Susan H. Churuti, City, County and Local Government Law Section, to Chairman RE: Proclaiming May as Civility Month. (cc: Board, County Manager for response, Deputy County Managers)
30. Copy of Memorandum dated March 22, 2002 from Bob Briggs, Finance Manager Environmental Services Department, to Sandy McCann, Recording Secretary, with copies as noted RE: submission of documents into County Records.
31. Email dated April 5, 2002 from Diane Gillespie, City of Winter Springs, to Board RE: Resolution from The Council of Local Governments in Seminole County to request Time Warner Communications include Seminole County Government Television in their program guides. (cc: County Manager, County Attorney)
32. Email dated April 8, 2002 from Cindy Gennell, City of Winter Springs, to Chairman RE: opposition to the proposed Jetta Point purchase. (cc: Board, County Manager, Deputy County Managers, Ginger Hoke, Don Fisher)
33. Letter dated April 4, 2002 from Egerton K. van den Berg to Board RE: KGB Lake Howell. (cc: County Manager, Deputy County Manager, County Attorney, Planning & Development, Planning)
34. Email dated April 4, 2002 from Stephen Lee, Deputy County Attorney to Board, County Manager and others as noted with copies as noted RE: Governor’s Action on Billboards legislation.
35. Letter dated February 28, 2002 from the Central Florida Sports Commission forwarding the February 2002 Activities Report and listing upcoming events to the Board.
36. Letter dated April 1, 2002 from Ben Biscan, Florida Central Railroad to Chairman RE: narrative presentation on the Northwest Commuter Rail. (cc: Board, County Manager, Planning)
37. Letter from Nova Drive Neighborhood Coalition to Chairman, Code Enforcement, Seminole County Sheriff’s Office, RE: Zoning Violations on Nova Road. (cc: Board, Don Fisher, Matt West for response, County Manager, Deputy County Managers, County Attorney)
38. Contract for Services, as shown on page ________, between Seminole County and Manuel Menoez, Brandon Lajoie, Keith McCorvie, Lawrence S. Swett, Kipling L. Sanders.
39. Letter dated March 29, 2002 from Tim Donihi, Trails & Greenways Advisory Committee, to Board RE: proposed acquisition of Jetta Point.
40. Letter dated March 28, 2002 from Kenneth M. Roberts, Public Safety Director, to Viviene Hewlett in appreciation of recent donation.
41. Letter dated March 29, 2002 from Kenneth M. Roberts, Public Safety Director, to Debbie Raymond in appreciation of recent donation.
42. Letter dated April 4, 2002 from Larry A. Dale, Orlando Sanford International Airport, to Chairman RE: four-laning of SR 46 between Mellonville and SR 415. (cc: Board, County Manager, County Engineer, Planning)
DISTRICT
COMMISSIONERS’ REPORT
Commissioner McLain stated Mr. Russ White has
resigned from the Disability Advisory Board and he would like to appoint Tony
Tizzio to fill the remaining term.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to appoint Tony Tizzio to the Disability Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Commissioner Morris, Chairman McLain advised he has discussed this issue with staff and they felt that Mr. Tizzio would be an asset to this committee.
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Chairman McLain surrendered the gavel to Vice Chairman Maloy.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Resolution #2002-R-58, as shown on page ________, commending Chris Drummond for his services on the Disability Advisory Board.
Districts 1, 2, 3, and 4 voted AYE.
The gavel was returned to Commissioner McLain who assumed the position of Chairman.
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Commissioner Morris explained to the Board
why he was not in attendance at the last Board meeting (March 26, 2002). He stated he had informed the Board that he
would be away on County business during that time for the East Central Florida
Regional Planning Council. He explained
what he had done in Washington during that time. He stated he is the Chairman of the Regional Homeland Security
Committee and Mr. Tom Ridge and Mr. Martinez, Secretary of HUD, were in
attendance. Mr. Martinez cited Seminole
County as a model of local governments on regionalism. He stated he will provide each Board member
a copy of the document on how regional governments should be involved.
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Commissioner Morris stated delegates from Lake County visited Seminole County to see how Seminole County’s incubator business operates and he would like to compliment staff on how they orchestrated this in such a short notice.
COMMITTEE
REPORTS
No Report.
COUNTY
MANAGER’S REPORT
Mr. Grace stated he was just provided with the Florida Jai Alai article and it basically says that they will reduce their live season from 50 weeks to 30 weeks.
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Mr. Grace reminded the Board of the
Volunteer Appreciation Dinner this Thursday, April 11, 2002, at the Altamonte
Hilton beginning at 6:00 p.m.
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Mr. Grace stated at the last meeting the
Board continued an item regarding a Master
Agreement for Services related to coordination and acquisition of properties
for Seminole County’s Natural Lands, Trails, Greenways and Community
Development Program as the Board had some questions relating to this. He stated the compensation aspect of that
will be put out to a “best and final”.
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Sally Sherman, Deputy County
Manager, addressed the Board to quickly review the Weed and Seed Program. She advised the U.S. Attorney’s office has
designated the Seminole County Sheriff’s Office to spearhead the program. She said the Weed and Seed Program weeds out
the criminal elements and seeds in intervention, prevention and
redevelopment. The Public Works
Department worked very closely with staff to help the Sheriff’s Office and the
community to move forward on this. The
first targeted area is the Midway area and it will flow into several of the
Sanford targeted communities as well as Altamonte Springs.
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The Board recessed the meeting at 2.55 p.m., reconvening at 6:03 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Chairman McLain changed the order of the Agenda to begin with Item #68, followed by Item #73, as they are related. He advised that Item #67 was advertised for 7:00 p.m. and, therefore, will be heard at that time or as soon as possible thereafter.
PLAN AMENDMENT AND REZONE
Continuation from September 24, 2001, of a public hearing to consider the Comprehensive Plan Amendment from Suburban Estates to Low Density Residential; and Rezone from A-1 (Agriculture) to R-1AA (Single Family Residential); property described as Lake Jesup Woods located on the south side of Myrtle Street and west of Hester Avenue; as described in the proof of publication, as shown on page ______, Hugh Harling.
Amanda Smith, Senior Planner, addressed the Board to state as of today she received a notice from the applicant indicating he would like to amend his rezoning request from R-1AA to PUD in order to properly address any transitioning from lot sizes as well as buffering for the environmental concerns for the property. She stated the District Commissioner and the LPA have recommended that a special area study be conducted in this area to appropriately address the future development intensity and facility needs prior to the adoption of the Spring Large Scale Amendment Cycle in July. Staff is now recommending to transmit to the Department of Community Affairs the land use amendment with the following conditions: (1) Developer shall submit a PUD zoning plan that will be evaluated by the LPA and staff; (2) The wetlands shall be delineated in order to ensure adequate buffering and a means to transition lot sizes from the west to the east to ensure the compatibility of the rural-like character of the area; (3) There shall be a transitioning of lot sizes with the proposed subdivision with an overall density of 2.5 units per net buildable acre with a maximum density of 2.0 units per net buildable acre along the eastern property line; (4) The applicant shall pay the pro rata share for County water and sewer facilities to service the Lake Jesup Woods property; (5) The applicant shall pay the pro rata share for signalization at the intersection of Hester Avenue and CR 427 and any improvements to the railroad crossing on Hester Avenue, which may include signalization; (6) The applicant commits to paying their pro rata share of improving Myrtle Street to County standards and paying their pro rata share of off-site improvements to Hester Avenue to bring this road up to County standards, to include but not limited to road pavement, right-of-way, drainage, and sidewalks standards. Improvements will be determined at the time of PUD final master plan approval.
Ms. Smith reported that J.V. Torregrosa, the County’s Natural Resource Officer, has met with the applicant, his environmental consultant, and the St. Johns River Water Management staff on site to discuss the extent of the wetlands. She understands that the wetlands will not be able to be field verified by the State until April 15 at the earliest.
Chairman McLain clarified with Matt West, Planning Manager, that the staff’s recommendation is for no more than 2.5 units per net buildable acre with half-acre lots on the eastern perimeter.
Commissioner Maloy questioned Ms. Smith on when the change in the staff’s recommendation from denial to approval occurred. He stated on these last-minute major changes, it would help the Board to have the staff comments provided so they can review them while listening to testimony. Ms. Smith provided copies of her comments (copy received and filed) to the Board for review.
Chairman McLain further clarified with Mr. West that the staff’s recommendation is to forward the land use amendment to DCA for their comments and when this comes back with the PUD, site plan, and all wetlands delineation clearly identified, staff will make a final recommendation on any approval at the time of the zoning change.
Commissioner Morris discussed the buffering with staff.
Hugh Harling, Harling Locklin and Associates, representing Ernie Rapp, owner of the property, addressed the Board to state Mr. Rapp has given them permission to move forward under the conditions as stated. They are in agreement with staff and appreciate the work staff did with them. He explained he thinks the change took place when the Water Management District personnel went on the site for a wetlands analysis. He explained how this process was done. He advised the Soils Scientist for the Water Management District made the determination that there is a significant amount of uplands on the property. He said his consultant has not had the opportunity to go back and verify the wetlands line but that will be done before the adoption hearing. Mr. Harling said they could commit to a 100’ natural buffer along Myrtle. They are also committed to bringing the water line along Myrtle, which would bring water service into the area, and committed to improving the roadway and bringing the drainage up to code.
Mr. Harling discussed with Commissioner Morris the differences in the current request and the earlier one. He stated staff requested they leave the land use designation as Low Density Residential and restrict the project in the zoning. He has entered a letter into the Record (not received and filed) that would cap the project at 2.5 units per acre and they are willing to abide by that.
Upon inquiry by Commissioner Henley, Mr. West said before they consider additional changes or land use amendments, they would prefer to do an area study for the Lake Jesup Woods area. He said he does not foresee any complications for compatibility in the area.
Mary Ann Baker, 651 Myrtle Street, addressed the Board to state once they get rid of the trees, there will be no putting them back. She asked the Board to judge wisely how they decide to do this project. She said there are a lot of beautiful trees and a lot of wildlife on the property. The more people brought in, the more traffic and more kids will come also. If they get a lot of subdivisions in this area, the whole character of the neighborhood is going to change and not necessarily for the better.
Robert Jasmin, 1153 Myrtle Street, addressed the Board to state for everything that has been brought up, staff has recommended denial and every time Mr. Harling has gotten an extension. He said the Web site this morning still stated this as a denial and now this afternoon all of a sudden it is turned around. He wants to know by whose authority and how was this done after all the time of denial recommendations. He asked why hasn’t a comprehensive impact study been done on this whole area; why was this not done when Autumn Chase was proposed, and why not now. He asked staff to define what the impact will be on their homes and their way of life, the impact of traffic and so on. He said this need to be done before any decision is made and should be done before transmittal to DCA. He recommended the Board consider this and make that their recommendation. He said the current homeowners were mandated for one house per buildable acre and were told this from day one. He quoted from the transcript of the BCC meeting of January 23, 1996, stating the compatibility of Suburban Estates would be maintained. He asked the Board to do the study and do this right so they don’t make another Autumn Chase.
Mr. West responded to Mr. Jasmin that it was under his authority that the staff’s recommendation changed. He said it was changed today because he received in writing today from the applicant his request to change to PUD and additional commitments.
Commissioner Morris explained that Autumn Chase was going to be an affordable housing project and they worked on it to have it upscaled. He said the Board is now looking at a much different project than six months ago. This has not been continued to allow the applicant to move it forward but to change the proposal. He explained this is a transmittal hearing and at the PUD hearing, the ultimate density of the project will be reflected. This is going to be an extremely less dense project than Autumn Chase.
Lois DeCiryan and Danny DeCiryan, 1581 Silk Tree Circle, addressed the Board. Mrs. DeCiryan stated she opposes the change of land use at this time to any density above one dwelling unit per acre. She said it did not come as a surprise to her about the change tonight. She thinks it’s a common thing to come in with a density and then come in with a lower density to make it go through. She thinks they do need a special area study. She lives in Autumn Chase and it is clear to them that this density of housing should have never been allowed. Many of the yards have to be drained as the ditches and swales do not drain. The swimming pool companies have to fill in the pools, and the retention ponds are full all the time. She said low density residential was an abomination and should not be used for further allowance of the density. Mrs. DeCiryan showed pictures (received and filed) of flooding in the area. She said she has been looking into the State of Florida naming Lake Jesup Basin as one of the three sensitive areas along with the Wekiva and the Little Econ. There is abundant wildlife in the area and she showed pictures (received and filed) of the gopher tortoises. She also showed an aerial photo (received and filed) demonstrating the connection of Lake Jesup with the Eureka Hammock and Autumn Chase developments. Mrs. DeCiryan submitted a letter from Carolyn Christlieb and a Petition in opposition, as shown on page _______, done in September for the hearing that was continued.
Frances Lord, 4835 Hester Avenue, addressed the Board to state the figures she just submitted to the Board (copy received and filed) are from the Seminole County Appraiser’s Office. This zoning request is for 78 acres and 61 of those have no taxable value, which means they are wetlands. Only 17 acres are above the water line. She said the County should consider buying this piece of land and preserving it to use for a catchall for the water that is going into Lake Jesup, and do not concrete over it and destroy it. She said she very much opposes the rezoning of this piece of property because it should be preserved.
Chairman McLain responded that if Mrs. Lord’s figures are correct and only 17 acres of the property is not wetlands, then that is all the St. Johns District would allow to be developed. He said the Board agrees the lake needs to be protected.
Nancy Jasmin, 1153 Myrtle Street, addressed the Board to state Autumn Chase was approved because of the property on the other side of the railroad track, but it should never have been allowed to develop. This property is still low lands and is all wetlands, and it should be saved.
Linda Short, 5150 Plato Cove, addressed the Board to state her biggest issue is the impact this will have on just getting around from day to day. They all bought where they are and were willing to abide by the rules of one house per acre. She said the rule should apply to everyone, if you are an owner or developer. She stated she wants to have a big piece of acreage and have her neighbors do the same because she likes that way of life. She can already see the impact of traffic on her neighborhood. She has seen a number of dead animals hit by cars. She doesn’t think anyone would oppose the project if it were one house per buildable acre.
B.J. Simons, 1550 Myrtle Street, addressed the Board to state one of the issues that affect him is the water runoff. The subject property is directly across the street from him, and he is already feeling an impact from the tremendous increase of water standing on his property from Autumn Chase. Before that development, he never had that situation. He said the water stands for weeks and weeks after moderate rain. Also, the ditches remain full now after the rains and they were not as bad before the Autumn Chase development. He asked the Board to consider what the impact is going to be on the neighbors. He said another concern is with the traffic, if the roads are not set up for these subdivisions coming in. This one will come, then another one, and another until Myrtle Street is built out. Another consideration is the school children. Unless there is money appropriated immediately as the subdivisions are built, it is going to take awhile to build the schools needed. He said this project will destroy the way of life in this area. They all moved there to enjoy the lifestyle out in the country. He knows everybody is entitled to make a profit off their property, but he feels people have a moral obligation to look after their neighbors as well when it comes to making an undue hardship on them.
Chairman McLain read the Written Comment Forms (received and filed) in opposition from the following: Chuck Bailey; Lolly DeHaven; Stuart Culpepper; Michael Burkhart; Kathy Lanzon; Wanda Culpepper; Diane Morton; Roseanne Prickel; and Cynthia Casper.
Ms. Smith advised she submitted e-mails (received and filed) to the Board to be entered into the Record.
Sam Kendall, Altamonte Springs, addressed the Board to state if the Board sends this project forward to the DCA and they approve it, then the developer will have the opportunity to go to the St. Johns District with his plan. The St. Johns District has a policy of allowing wetlands to be filled as long as you buy mitigation property somewhere else. Whereupon, Chairman McLain affirmed with Ms. Smith that the applicant has committed to not invade any wetlands on this property. She said if the Board wishes, staff can have the developer provide that commitment in a written statement.
Commissioner Morris stated the commitment is in the Record and becomes a part of the PUD application.
Mr. Harling responded to comments by the residents. He advised that on the wetlands, they have agreed to maintain the same wetland density and number of wetland acres on the site that will be determined by the St. Johns River Water Management District. They have further agreed that if they cross a wetland to get from an upland to another upland, they would create an equal amount of wetlands. He explained there are a couple of ditches that have to be crossed that would be classified as wetlands. He reviewed the issues of water, sewer, drainage, and traffic that were discussed by the residents. He stated they will be improving Myrtle Street drainage and sewer and will provide sidewalks. He advised Commissioner Maloy that the estimated amount of wetlands is between 30% and 50%, and there are basically three areas of wetlands.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Ms. Smith clarified that the Comprehensive Plan states that no loss of wetlands in the Lake Jesup Basin is appropriate, so staff would closely monitor when the project comes back in. She affirmed with Chairman McLain that any wetlands in Lake Jesup would have to be mitigated inside the Basin.
Upon inquiry by Commissioner Maloy, Ms. Smith advised that the recommendation is to transmit and at the same time a small area study will be done for this area. She said at the time of adoption, the staff would revisit the adoption of the land use amendment and the PUD zoning classification to see if it is compatible with the adjacent land use.
Upon inquiry by Chairman McLain, Mr. Fisher advised what his recommendation would be as it relates to the small area study affecting this land use change.
District Commissioner McLain asked for a motion in support of the staff recommendation.
Motion by Commissioner Morris, seconded by Commissioner Henley, to support the staff recommendation to transmit the land use amendment from Suburban Estates to Low Density Residential; property described as Lake Jesup Woods located on the south side of Myrtle Street and west of Hester Avenue; as described in the proof of publication, Hugh Harling, with commitments made by the applicant tonight and the comments by the Planning Manager relative to the Small Area Study.
Districts 1, 2, 3, 4, and 5 voted AYE.
LAND USE AMENDMENT
Proof of publication, as shown on page _______, calling for a public hearing to consider a Large Scale Land Use Amendment from Suburban Estates to Low Density Residential; property described as two tracts of land, one north of Myrtle Street approximately 1200 feet east of Nolan Road and the second, south of Myrtle Street and west of Nolan Road, Esterson/Schumacher, received and filed.
Alice Gilmartin, Planning, addressed the Board to state she would like to amend the staff recommendation to consider continuing this item until after the Small Area Study is completed.
Mr. West stated at no additional cost to the applicant, staff would bring this item back, possibly during the fall cycle, and this item would be considered in conjunction with the Small Area Study.
Upon inquiry by Chairman McLain, Mr. Harling stated the applicant would like to move forward and he explained why.
Chairman McLain recessed the meeting at 7:20 p.m. and reconvened at 7:30 p.m.
Mr. Harling stated he met with his clients and they are willing to request a continuance to the next amendment cycle of the Comprehensive Plan. They are looking forward to working with the staff and community on a small area study during that period.
Chairman McLain asked for those who indicated they wish to speak to address whether they agree with the Small Area Study and continuance or not. He recommended a motion for the continuance and staff is to conduct a Small Area Study.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to continue consideration of the Large Scale Land Use Amendment from Suburban Estates to Low Density Residential; property described as two tracts of land, one north of Myrtle Street approximately 1200 feet east of Nolan Road and the second, south of Myrtle Street and west of Nolan Road; as described in the proof of publication, Esterson/Schumacher, to allow staff to conduct a Small Area Study.
Under discussion, Commissioner Morris clarified that the continuance is for Parcels 1 and 3 of the Esterson property while the Small Area Study is being conducted.
Upon inquiry by Chairman McLain the following persons stated they agree to the continuance: Catherine Times; Ann Esterson; Eric Esterson; Nancy Jasmin; Robert Jasmin; Mary Baker; Linda Short; and B.J. Simons.
Mr. Fisher advised how the community meeting will be conducted and noticed.
Chairman McLain recommended holding the meetings at the Agricultural Center at Five Points on Highway 17-92.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Districts 1, 2, 3, 4, and 5 voted AYE.
PLAN AMENDMENT AND TEXT
AMENDMENT
Continuation of a public hearing from March 26, 2002, to consider the Yankee Lake Property-Wekiva Administrative Large Scale Comprehensive Plan Amendment from Public-Quasi Public to Recreation and associated Text Amendment to the Recreation and Open Space Element of Vision 2020, as described in the proof of publication, as shown on page ________.
Craig Shadrix, Planner, addressed the Board to state the text amendment language was revised and copies were submitted to the Board (copy received and filed).
Dick Boyer, Senior Planner, addressed the Board to state the amended language is the policy that goes with Yankee Lake to still allow the Board to use it in the future. He explained the amendment as noted in his memorandum (copy received and filed) to the Board regarding the revision to the policy.
Keith Schue, Chairman of the Sierra Club Central Florida Group, addressed the Board to state he is in favor of the land use change. He submitted two letters to the Record (received and filed) regarding the Yankee Lake Natural Lands Transfer and Policy REC 7.8, Preservation of Future Water Supply Options. He stated as an enhancement to the Policy, the Sierra Club has suggested another sentence be considered that spell out that “the County shall substantially provide for preservation and passive recreation on lands assigned a future land use designation of Recreation pursuant to the 1999 Seminole County Wekiva Compliance Agreement.”
Mr. Fisher stated staff does not feel the additional language is necessary as the Comprehensive Plan should cover this and any elaboration would be overkill.
No one else spoke in support or in opposition.
The Speaker Request Form for Mr. Schue was received and filed.
Chairman McLain recommended supporting the staff recommendation.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to transmit to the Florida Department of Community Affairs the Plan Amendment from Public-Quasi Public to Recreation for property located north of SR 46 approximately one mile east of the Seminole-Lake County Line and the associated Text Amendment, as revised, to the Recreation and Open Space Element of Vision 2020; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
REZONE FROM A-1 TO PUD
HARVEY SLAYTON AND SUSAN
IRELAN
Proof of publication, as shown on page _______, calling for a public hearing to consider Rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); property located south of SR 426 and west of Deep Lake Road, Harvey Slayton and Susan Irelan, received and filed.
Commissioner Morris stated that he will not be voting for Items #69 and #70, because of interest he has in the properties. He advised he has submitted to the Clerk the appropriate paperwork (Memorandum of Voting Conflict Forms, as shown on page _______), and he will leave the dais during these hearings in order not to influence the Board.
Commissioner Morris left the meeting at this time.
Cindy Matheny, Senior Planner, addressed the Board to present the request. She said the staff report indicates denial; however, since the time of that report, staff and the applicants have been able to resolve a number of outstanding issues and the staff is now recommending approval of the rezoning, with the following recommended development standards: (1) Landscaping lighting shall be consistent with the standards of the Lake Mary Boulevard Overlay District; (2) There shall be a 40’ setback to the right and adjacent to Mr. Solito’s property to the south; (3) The open space requirement shall be met for the entire PUD, as well as individual lots for the proposed development; and (4) As proposed, the project may access SR 426 utilizing a full median opening subject to DOT approval. In the future should the project secure access through property on the east side of Deep Lake Road, either through a realignment of the road or a cross access easement, the project shall close the Deep Lake PUD curb cut. If the proposed project does not obtain access to the project to the east, and the property to the east installs an access with a full median opening and/or traffic signal, the Deep Lake Road PUD must close its median opening and will be restricted to a right in, right out turning movement. Ms. Matheny advised that the Planning & Zoning Commission voted 3 to 2 to recommend approval of the PUD with the stipulations that the developer work out any access issues with the property owners to the east of Deep Lake Road.
Jim Stelling, 216 Summerwood Trail, addressed the Board to thank them for their cooperation and the professional staff who have worked diligently to work out any issues. He introduced the Civil Engineer, Ron Hanson, who was present to answer any questions. Mr. Stelling pointed out that the uses in the HIP where this property is located could be much heavier than what they are asking for. He doesn’t believe there are any unresolved issues, other than road access. He stated the rezone application is not subject to what arrangements they make on the road. They will work that out with DOT and the neighboring property owners to everyone’s satisfaction and that will come back to the Board at site plan. The request tonight is just to rezone the property.
Upon inquiry by Commissioner Maloy, Mr. Stelling said he does think the development could be served by right in, right out, but they have made arrangements for a median cut for left out.
Chris Saliga, 3055 Tuskawilla Road, addressed the Board to state they have a couple concerns about the request. He showed his property location on the map from the P&Z meeting with an overlay to show what’s occurring to get an idea of the gravity of homes to be put in the area. He said they support the project with some stipulations they believe would help enhance it and their own enjoyment. They are: (1) Security—they are asking for a concrete wall on the northern border of their property; (2) The are asking for a hedge or some kind of buffer to continue down Tuskawilla dirt road. He said the Trinity Estates project had a similar request and they had to increase their buffer and he thinks the compatibility between these two projects should be addressed; (3) They are asking for a 50’ setback from the wall, but they will agree with the staff’s 40’ setback. They are asking for at least 25’ from the dirt road; (4) Mr. Saliga said they don’t believe garbage and turnaround have been properly addressed. He asked that the applicant consider stubbing them out for water and sewer, as they are currently on a septic tank and well, and if the subdivision is approved, the water and sewer would be brought to his property line. He explained to Chairman McLain and Commissioner Henley that he would like to be given the option to decide if he wishes to have the water and sewer brought to his house.
Attorney J. Christy Wilson, 437 N. Magnolia Avenue, representing Charles and Malcolm Clayton and E. G. Banks, addressed the Board to state the property his clients own is located on the north and south sides of Aloma. He distributed to the Board a booklet of “Exhibits Concerning FDOT Stipulated Final Judgment For Traffic Signal and Intersection At Aloma Avenue West of Greeneway” (copy received and filed). He explained that in a prior eminent domain proceeding, his clients reached an agreement with FDOT for access that would be a full median access point served by a signal when warranted. He showed on the map (in the booklet) the proposed location of such a signal. He showed the location of the access proposed by the applicant and said the two don’t mesh. He read a letter from Mr. Leavitt of DOT who said the conceptual permit for the use of Deep Lake Road has not been granted. Mr. Leavitt stated the Department would be reviewing the access needs of several property owners in the area. He also said the Department would honor the conditions of the final judgment with the Claytons regarding future signalization. Mr. Wilson said there has not been an agreement reached with his clients and the applicant concerning access. He said he is asking for a tabling of this matter so the parties can sit together and negotiate an access point.
Commissioner Henley stated he had met with Mr. Stelling regarding this and met with Mr. Clayton and another gentleman yesterday and he provided him with a booklet. Mr. Clayton said they are willing to cooperate and help to put in the road provided they were allowed to buy the Sandefur property. Commissioner Henley said he understands the property is under contract and that might be expiring soon. A delay could complicate matters. This concerns him, because there have been efforts on the part of the applicant to try to work this out.
Attorney Wilson stated his clients advised him today that they do not have a continuing interest in the Sandefur tract.
Commissioner Maloy and Chairman McLain discussed with Attorney Wilson what conditions his clients would like in order to connect to the light and why his clients do not want the road to go down the property line.
Commissioner Van Der Weide stated he also talked to the Claytons, Mr. Banks, and Mr. Stelling. He asked if the applicant moved their access to Aloma to the west, would that access still be opposed. Whereupon, Attorney Wilson stated as long as the access meets DOT approval for a full median opening, he doesn’t think his clients would have any opposition.
Jean Abi-Aoun, Principal Engineer, addressed the Board to state it is possible for the applicant to move their access, but he said DOT has the final say of the minimum separation between driveways.
Commissioner Van Der Weide reiterated the idea of the applicant moving the access as far as he can to the west property line on Aloma and when DOT meets, he thinks everyone would have an incentive to work this out.
Attorney Wilson said he thinks a workable solution would be for his clients to provide the right-of-way to the road coming in through the boundary of their property. In exchange for that, the applicant would agree to build the road, at his expense, and the applicant would also stub out the appropriate connections to the utilities for his clients.
Commissioner Maloy stated he agrees with Commissioner Van Der Weide and thinks the west access is going in the right direction. Discussion continued with Attorney Wilson.
Mr. Stelling gave final comments. He said they contacted the Claytons months ago and asked if they could sit and work out the road access issue. The last phone call was a few days ago, and Mr. Clayton stated he had no interest in working out a deal unless he could obtain ownership of the Sandefur parcel. He said there is room to work with the suggestion by Attorney Wilson. He said if the Claytons are willing to work with them, they are willing to do the same. He stated that tonight this is a simple rezoning request and any delay would be a hardship. He is asking for the Board’s approval of the zoning request and they will work with the Claytons regarding the access. He stated that is an issue for site planning and not for zoning.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Commissioner Henley stated he feels better about the situation in view of the comments made by Attorney Wilson. He said this is a simple zoning request and it is consistent with the future land use for the area. He added that he believes the Board needs to deal with the zoning now and with the other issues when they come for site plan approval.
Commissioner Van Der Weide stated receiving last-minute documents from staff and the applicant is not the way to do business. He said he feels real comfortable with what the applicant and opposition are saying, in addition to what DOT is saying about encouraging everyone to work out the access beneficial to all involved.
Commissioner Maloy discussed with Mr. West the plan proposed by Trinity Capital to have hedges down each side of the roadway to discourage people from wanting to cross areas of the roadway. Mr. West said he guesses the hedges could be continued further down the road.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt Ordinance #2002-12, as shown on page _______, approving rezoning to PUD (Planned Unit Development) the property located south of SR 426 and west of Deep Lake Road; as described in the proof of publication, Harvey Slayton and Susan Irelan, with the staff recommendations, as amended, and with the following conditions: (1) Landscaping lighting shall be consistent with the standards of the Lake Mary Boulevard Overlay District; (2) There shall be a 40’ setback to the right and adjacent to Mr. Solito’s property to the south, along with the vegetative buffer on Tuskawilla South to match the opposite side of the road, and some additional plantings of trees along the back of the townhouses; (3) The open space requirement shall be met for the entire PUD, as well as individual lots for the proposed development; and (4) Prior to final master plan approval, the developer shall make a good faith effort to secure an access agreement with the property owner to the east for the purpose of sharing access at a signalized intersection. Should the developer be unable to secure said agreement, the access to SR 426 shall be temporarily moved to the western boundary of the property of the development. The temporary relocation to the west shall remain until an agreement is reached with the property owner. At the time the agreement is reached, the temporary access shall be permanently closed; (5) Staff shall evaluate any traffic calming techniques that might be applied in the development; (6) The C-2 restrictions would apply as mentioned earlier by Ms. Matheny; and (6) The recreational features provided on the plans will be included in the development.
Districts 1, 3, 4, and 5 voted AYE.
REZONE FROM A-1 TO PUD
ALOMA DEVELOPMENT, LLC
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of SR 417 and 2000 feet south of SR 426, Aloma Development, LLC, received and filed.
Ms. Matheny stated staff had recommended denial of the rezoning as they had a number of concerns. Since that time, they have met with the applicant and feel they have resolved the outstanding issues. Staff is recommending approval with the following development conditions: (1) The net density shall be four dwelling units per net buildable acre; (2) The north/south access road shall be a 50’ right-of-way; and (3) Access to the properties to the south of the proposed development shall be determined prior to final PUD master plan approval and with the consent of the affected property owners to the south.
Jim Stelling, applicant, stated Charles Madden, Madden Engineering, and Dr. Storm Richards, Environmental Engineer, are in attendance to answer any questions. He said he is in agreement with the staff recommendations.
Charlie Madden, Madden Engineering, addressed the Board to answer questions by Commissioner Maloy on pavement issues. He submitted to the Board copies of the preliminary master plan (copy received and filed) for the S. Tuskawilla Road property. He explained that the pavement width is the same for this road as with all public dedicated roadways. He explained they are not asking for any variances on the County cross sections for pavement widths, and it is the standard width pavement for any other subdivision. He also said they understand they need to meet the recreational requirements of the Land Development Code and they intend to do that. He said the recreational amenities would be precise on the final master plan.
Commissioner Van Der Weide further discussed the width of the street and the ability to park on the street.
Commissioner Henley discussed with Mr. Madden what would be some of the things in the park and that Seminole County will provide water to the development.
Mr. Stelling said three property owners to the rear of Lots 21, 22, and 23 had requested he put on the Record that he agreed to provide a ten-foot easement along their north property line.
Ira Jarvis, 4925 Echo Court, addressed the Board to state this alignment is about ten feet south of where it should be. He pointed out the houses that are intended to face south to Echo Court and said the dwellings that exist now on Lots 20 and 23 face to the north. He suggested that something be done to alleviate where they don’t have to look at the back of the houses.
Upon inquiry by Chairman McLain, Ms. Matheny stated that because the two properties are Low Density Residential, there is no requirement in the Code that a wall or buffer would be provided. If the Board thinks that is appropriate, this is the time to specify such a buffer. Discussion ensued by the Board.
Lawnie Bishop, 4948 Lake Sharp Drive, addressed the Board to state he is in support of the project. He said he would like to receive water and utilities. He is aware of the impact fees and doesn’t think he would mind paying those.
Peter Acks, 5780 Deep Lake Road, addressed the Board to state he is in favor of the zoning change, but has a few concerns. He said the applicant keeps saying lake, but this is a retention area and is shown on the drawing as only seven feet deep. They would need to address this as to whether it will be wet all the time. His main concern is that he bought five acres with a rustic road, beautiful trees, privacy, and a lot of wildlife. They want to maintain that privacy, and feel a concrete block wall along their north boundary line between the development and their house might be appropriate. He said fencing does not hold up, and he would like something more substantial.
James Robinson, 4911 Echo Court, addressed the Board to state he is in favor because the developer agreed to do things they asked and have put those in their plans. He said they do need some type of barrier in back of their houses, because he is sure there will be many children in the development. He said this project will enhance them in the future with the road and water and sewer services. He suggested a board and bat type fence along the north.
Chris and Wendy Saliga, 3055 Tuskawilla Road, addressed the Board to state they are in support, but have some issues they would like the Commissioners to address. Mr. Saliga said he is still not sure of what is occurring with the wetlands. They think a playground or some type of recreation definitely needs to go forth. He also asked that if the developer decides to have in their covenants fencing for the backyards that it be the same type of fencing for everyone. He advised that the wetlands area does breed mosquitoes sometimes as will the retention pond/lake, and he suggested a fountain and aeration system as in Trinity Estates.
Mrs. Saliga showed an aerial (not received and filed) and said she is really concerned about the wetland because that is all in back of their house. She stated she has a memorandum (not received and filed) from Planning and Development regarding the topography stating the wetland acts as a sink for the surrounding landscape. She said this is very much a concern to them.
Mr. West stated he believes the applicant’s intent is to enhance rather than fill the wetland.
J.V. Francisco Torregrosa, Natural Resources Officer, addressed the Board to state he understands that there are no wetland impacts proposed on the site, but the applicant is proposing some enhancements to the wetlands.
Mr. Stelling responded to comments made earlier. He said they don’t agree to fencing as they already have an agreement with Mr. Acks. They have given a road, but they need to stop somewhere. He said they are not required to provide utilities for Mr. Bishop. He explained they agreed to bring the utilities to Mr. Acks’ property line, and if Mr. Bishop can get it, that is fine but that is not their deal. He said there is plenty of buffer and they prefer not to have a wall.
Storm Richards, 1804 Maple Avenue, Environmental Consultant, addressed the Board to state he has put together a plan with the staff and come up with a wetland system that will enhance the quality of the wetlands, provide a buffer in the area, and add an amenity such as a park course or some type of jogging around the area.
Attorney Wilson stated their position is the same as the previous item with respect to the access. He asked for clarification that Commissioner Maloy’s additions to the property to the north would apply to this application as well. Commissioner Maloy stated his intention would be that access to the west side as stated in the previous motion would be the same for this property, unless there is an agreement.
Peter Acks, stated he did not request an 8-foot fence and there is a fence already along the line, so no trees would be lost. He said he would have no problem providing Mr. Bishop a method of running the water line along his property line, as long as it’s done in a professional manner.
Commissioner Maloy asked for clarifications about the uniform fencing and pond amenities.
No one else spoke in support or opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve rezoning, by Ordinance #2002-13, as shown on page _______, to PUD (Planned Unit Development), property located west of SR 417 and 2000 feet south of SR 426; as described in the proof of publication, Aloma Development, LLC, with staff comments 1 – 3 and the following additional conditions: (4) At the time of final Master Plan, the owner shall show additional active recreational areas for the project, including a tot lot; (5) The Homeowners Association would have a uniform fencing policy and any pond amenities would be addressed at the final PUD; and (6) On the southern border, a six-foot stockade fence maintained by the Homeowners Association, along the sections not fronted by the retention pond, with the exception of Mr. Acks’ property where the retention pond is shorter, there is also to be a fence.
Under discussion, Commissioner Maloy made a friendly addition to the motion that the same access would be necessary for this project as approved for the previous project (Slayton and Irelan) presented tonight. Commissioner Van Der Weide agreed to the addition.
Commissioner Henley stated he supports the motion, but does not support the fence along the Acks property line because it appears they are looking at the possibility of a buffer of 300 or more feet. He doesn’t believe the Board should be requiring the applicant to put that in. They have already set aside an additional easement.
Commissioner Van Der Weide stated he would have to support the District Commissioner. He thinks the applicant has worked well with the homeowners, but there are a lot of areas where the Board will require something a little more substantial.
Chairman McLain explained the intent is not to run the fence along the entire retention pond. Whereby, Commissioner Henley said if that is the intent, then he could support that but not for the entire five acres.
Chairman McLain said he thinks they can deal with that issue later. He added he can support this motion.
Districts 1, 3, 4, and 5 voted AYE.
Chairman McLain recessed the meeting at 9:18 p.m. and reconvened at 9:35 p.m.
Commissioner Morris reentered the meeting at this time.
PLAN AMENDMENT AND REZONE
THOMAS E. NORRELL
Proof of publication, as shown on page _______, calling for a public hearing to consider Comprehensive Plan Amendment from Low Density Residential to Commercial or Planned Development; and Rezone from A-1 (Agriculture) and C-2 (Retail Commercial) to PUD (Planned Unit Development); property located west of U.S. 17-92, east of Fairy Lake and 400 feet north of Kathryn Drive, Thomas E. Norrell, received and filed.
Commissioner Morris stated that on advisement of counsel earlier today, there appears to be a conflict of interest because of representation by the applicant by individuals he has a business relationship with. He will be able to participate in the discussion, but he will not be able to vote on this issue. He said he would file the appropriate papers, Memorandum of Voting Conflict, as shown on page _______.
Ms. Matheny presented the request for the amendment and rezoning. She said in order to foster compatibility with residential uses around Fairy Lake, the Planning staff and applicant have developed standards for use in the Planned Unit Development which will also minimize impacts on residential areas and provide for a more aesthetically pleasing site. These standards address operating hours, buffering, landscaping, orientation of site-specific uses, lighting, and noise. She advised staff recommends approval of the Planned Development land use and the Planned Unit Development zoning. She advised the Local Planning Agency/Planning and Zoning Commission voted on March 6 to recommend approval, by a vote of 4 to 0, of the land use amendment and rezoning. She reviewed the recommended 25 staff conditions listed in the staff report, modifying #2 to read there shall be no launching of boats or watercraft from the site and no docks or other structures jutting into the lake; and the additional conditions as follows: (26) There shall be no direct surface runoff to the lake; and (27) If feasible, a retention area should be located between the buildings and the lake side buffers.
Commissioner Henley stated he would like added that the developer will attempt to make every reasonable effort to avoid removing any of the large oak trees on the site. Whereupon, Ms. Matheny stated this would be added as Condition #28.
Jim Stelling, representing Thomas Norrell, stated currently a used car lot is on this property. He said from the list of conditions, the Board can tell they made many concessions to try to make this a quality development. He said this site needs to stay a used car lot until it is sold and developed. If the zoning is approved, the car lot would not change right away, but the property is up for sale. He stated he agrees with the staff comments.
Chairman McLain clarified with Ms. Matheny that a portion of this property is in the CRA. He stated he thinks it is important that staff gets some input from the CRA Advisory Board and make them aware of this redevelopment project, and maybe they can make some recommendations to the Board.
Commissioner Morris, appointee to the 17-92 CRA, stated they are trying to do a small area study relating to all of these properties. He said this project meets all the objectives of the CRA, and the CRA staff has reviewed this project in terms of support.
David Krohne, 1442 Palm Avenue, addressed the Board to state this is his family’s property and he is currently the trustee of the property. He stated he is operating a worst property than Mr. Norrell, so he understands what the Board is concerned with and they are as concerned as well. He wants to clarify some misconceptions. He explained that a lot of the homeowners are looking across the lake at a beautiful tree canopy that is mostly on his property and not Mr. Norrell’s. He said 90% of the oaks are within the flood plain and within the 50 feet being called the buffer. Most of the people at the zoning meeting were confused about what they were looking at. He stated this area is going to be developed at some point. The commercial zoning goes back 320 feet from the highway. He said if they want anything decent on the property they will have to be able to go deeper on the lot to make it economically viable for a buyer.
Sharon Thompson, representing some Fairy Lake Homeowners Association members, addressed the Board to state they are not opposing the rezoning. She distributed a handout (copy of booklet received and filed) to the Board. She said the property is not used cars all the way to the rear. From the aerial recently taken, the front portion is a used car lot and a lot of debris and trash is stored on the property. The middle of the property is zoned residential and the rear is zoned agricultural. She said they are concerned about the fact of the swing from residential and agricultural to commercial that goes contiguously to the lake. She showed a video (received and filed) showing 17-92 during peak traffic hours outside the front of the property. She said it is estimated that between 60,000 and 70,000 cars a day pass this area and the subject site opens up to 17-92. The video showed what is currently on the property. Ms. Thompson said they realize that development is inevitable and they support quality development. They would like to see office professional go in. They also support the architectural restrictions and appreciate the trouble staff went through to restrict the minute details. She stated the video also show the lake quality as very good, although some of the businesses along 17-92 are dumping untreated stormwater into it. They want to prevent having something that needs to be cleaned up later. She stated there are beautiful homes on this lake and there is a lot of wildlife on the lake. The video showed a Bald Eagle that feeds on Lake Fairy. She advised that Lake Kathryn is attached to and depends on the quality of Fairy Lake. Further, she stated they have identified eight trees, 40 to 50 years old, on this property and other vegetation. She explained that the proposed buffer could hardly replace the 50-year-old trees or other vegetation that would be taken out. She asked that the buffer be extended to 100 feet and the project be limited to one story as originally proposed.
The Board discussed the canopy trees and why the buffer is needed.
Jack Smythers, 331 Isabella Drive, representing the Columbus Harbour Homeowners Association, addressed the Board to state they are not against development of the site, but they are against losing what they have on their side of the water. Whereupon, Chairman McLain explained that the Board’s interest is in protecting the view from Mr. Smythers’ side of the lake, while reasonably allowing new development with new stormwater and new architecture to come in and rehabilitate this area. Mr. Smythers also stated his concern for the type of business to be allowed on the property, as the sound would carry across the lake. Chairman McLain stated there would be no outdoor music and there are restrictions on lighting. Mr. Smythers asked that the 50-foot buffer be extended further. Chairman McLain explained that with the buffers and tree canopy, the building would be at least 100 feet from the current water line and that is more than adequate with hundreds of feet across the lake to the nearest neighbor.
Tim Moore, 790 Wildmere Avenue, addressed the Board to state they are not against the improvements, but they would like to have a buffer zone so they won’t have to see any buildings jutting out or boats being launched. Chairman McLain advised the staff has said there will be no launching of boats from the site.
Angella Moore, 790 E. Wildmere Avenue, addressed the Board to state the 50-foot buffer as she sees it is not enough. She said the environmentalist said he found eight trees over 50 years old and four of those are part of their buffer. She asked for a 100-foot natural buffer from the high water mark or somewhere between 50 and 100 feet. She said she has walked the property and taken pictures, and a lot of the vegetation is not high trees. She stated her concern that there be no docks or gazebos, and Chairman McLain said staff has made it clear that there will be no docks or gazebos. She said they would not have bought where they did if they had known the property would go commercial, because of the value of their home.
Peter Travers, 862 E. Wildmere Avenue, addressed the Board to state they are trying to accommodate the zoning change and are not against developing the property. They are also for cleaning up 17-92, but they just have to be careful. He said if there is a nighttime establishment, unless there is a wall, every time a car drives through the area, the neighbors will be hit in the face with the light from the traffic.
Mike Dodane, 854 E. Wildmere Avenue, addressed the Board to state he agrees with restricting access to the lake and he would like to include some type vehicular access buffer, like a swale, to keep people from backing down. He referred to Condition #18 and asked if it could read that any business, not just retail, would be restricted to closing 12 a.m. to 6:00 a.m.
Dan Anderson, 330 Isabella Drive, addressed the Board to state he thinks most of the residents are present to work with the County and developer. They see that what’s along 17-92 is an eyesore. He suggested, as part of the site plan, that there be a hedge or some type barrier at the back of the parking lot to keep people from going to the lake. He said they want to preserve the buffer. He also suggested, if they are changing to commercial from what has been residential, that they go to professional office. He asked that the back half of the property be kept low intensity.
Carlene Piloian, 754 Wildmere Avenue, addressed the Board to state if this property is rezoned commercial, then all the rest of the properties on the south side of the lake will do likewise. This will change their environment and standard of living for the worse. She hopes the Commission will consider the citizens who live on the lake. If commercial buildings are put on the property, that will bring the residents more noise, cars, lights, and less privacy. She hopes the Commissioners will protect the citizens rather than the property owners who wish to rezone for profit. She said they are against any more commercial development along the lakefront.
Mark McLarnon, 628 Wildmere Avenue, addressed the Board to state this is really a residential lake. He discussed as he showed pictures (not received and filed) of the residential environment, the property going down to the lake indicating the density of the canopy, and the view across the lake, view of the water, and the treed area. He said he personally has no objection to the conversion to commercial, however, the 100-foot buffer is 100 feet from all the lights and sounds from the cars that come down 17-92. He said, as it is now, this property could not be developed by the County because the services are not there to handle the property, and the Health Department would not issue a septic tank permit.
James Rossi, 1030 Hanging Vine Point, addressed the Board to state a lot of the rules are good, but if there are code violations and the rules can’t be enforced legally, the police won’t do anything about it. He asked those with authority to enforce the rules set. He said he supports as much natural buffer as they can get.
Peter Katauskas, 1401 S. Grant Street, addressed the Board to state they are not in opposition to the rezoning and are in favor of cleaning up that section of 17-92. All they have been trying to talk about is the way the redevelopment is done and ask that the developer do the best job he can to protect the residents and homeowners who live on the lake. He thinks the 100-foot buffer is what they need in this case. He asked that there be no restaurants and no gazebos.
Stephen Cold, 1341 S. Grant Street, declined to speak, stating he thinks the other residents have covered just about everything.
Lynwood Lee, 762 Wildmere Avenue, addressed the Board to state he commends the Board for doing everything they can to put the restrictions on the property. He hopes when the buyer of the property comes back and asks that the Board change the restrictions that the Board does not do that.
Rick Ager, 778 E. Wildmere Avenue, stated he agrees with everything that has been done as far as the buffer and restrictions that will be enforced.
Dean Holden addressed the Board to ask that they keep the buffer.
Mr. Stelling stated they have agreed to 25 to 30 conditions and this will be a quality development. He said with all the oak trees and buffer that’s already there, he thinks the 100-foot buffer is unreasonable and the landowner is totally opposed to that.
Chairman McLain discussed with Mr. Stelling if the applicant would be amenable to providing additional plantings in the buffer to make it reasonably opaque. Mr. Stelling said he did not know if he could agree to that. Whereupon, Mr. Fisher said staff would see the master plan at a later date for the PUD. They could get more details on the landscape in the buffer at that time. Commissioner Henley pointed out in Condition #7, the applicant has already agreed that the County staff and Board will see that there is sufficient buffer. Mr. Stelling said Condition #11 commits them to a similar standard as Oakmonte Shoppes.
Dr. Storm Richards stated he will work with Mr. Fisher and develop the wetland line that hasn’t been developed yet and look at plantings off the wetland line that will enhance existing vegetation and allow for a greater buffer. He said his concern is that they have a large canopy to deal with that will make it extremely difficult to plant subcanopy species underneath it. He said he would discuss later with Mr. Fisher and staff about putting in smaller trees.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
District Commissioner Henley thanked the citizens for their participation, phone calls, and emails. He also thanked Mr. Norrell and Mr. Stelling for their cooperation. He said he is confident they will be able to deal with all the conditions requested. Also, he said just about anything they do with the property will be a significant improvement.
Motion by Commissioner Henley, seconded by Commissioner Maloy, to approve by adoption of Ordinance #2002-14, as shown on page _______, the Comprehensive Plan Amendment from Low Density Residential to Planned Development for the 2.5 acre site located west of U.S. 17-92, east of Fairy Lake and 400 feet north of Kathryn Drive; as described in the proof of publication, Thomas E. Norrell, approval of Development Order, as shown on page _______.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Morris abstained from voting.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve rezoning by adoption of Ordinance #2002-15, as shown on page _______, from A-1 (Agriculture) and C-2 (Retail Commercial) to PUD (Planned Unit Development), for 2.5 acre site located west of U.S. 17-92, east of Fairy Lake and 400 feet north of Kathryn Drive; as described in the proof of publication, Thomas E. Norrell, with the staff conditions as enumerated tonight.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Morris abstained from voting.
Chairman McLain recessed the meeting at 11:20 p.m. and reconvened at 11:28 p.m.
LAND USE AMENDMENT AND
REZONE
LAKEWOOD POINTE/LEE
MUNIZZI
Proof of publication, as shown on page _______, calling for a public hearing to consider the Small Scale Land Use Amendment from Low Density Residential to Office; and Rezone from A-1 (Agriculture) to OP (Office Professional); property located on the east side of Longwood-Lake Mary Road, approximately ¼ mile south of Greenway Boulevard, Lakewood Pointe/Lee Munizzi, received and filed.
Ms. Smith presented the request and stated the staff recommends to transmit the small scale land use amendment and approval of the rezoning request and Development Order presented with conditions. She corrected for the record the Development Order under Condition (b) to be amended to read that, “wherever there is no existing vegetation, the applicant will fill in with sufficient vegetation of this nature.”
Lee Munizzi, applicant, addressed the Board to state he agrees with the staff recommendations and they are committed to a quality project.
No one else spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt a Small Scale Land Use Amendment by approval of Ordinance #2002-16, as shown on page _______, from Low Density Residential to Office for property located on the east side of Longwood-Lake Mary Road, approximately ¼ mile south of Greenway Boulevard; as described in the proof of publication, Lakewood Pointe/Lee Munizzi, with staff recommendations.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve rezoning by adoption of Ordinance #2002-17, as shown on page _______, from A-1 (Agriculture) to OP (Office Professional); property located on the east side of Longwood-Lake Mary Road, approximately ¼ mile south of Greenway Boulevard; as described in the proof of publication, Lakewood Pointe/Lee Munizzi, with staff recommendations, and adoption of Development Order, as shown on page _______.
Districts 1, 2, 3, 4, and 5 voted AYE.
TEXT AMENDMENT TO FUTURE
LAND
USE ELEMENT/VISION 2020
Proof of publication, as shown on page _______, calling for a public hearing to consider the Text Amendments to the Future Land Use Element of Vision 2020 to add a policy to allow the Planning and Development Director to approve administrative waivers to lot size and width, under special circumstances, in the RC-1, A-1, A-3, A-5 and A-10 zoning districts, received and filed.
Ms. Matheny presented the request for transmittal to the Department of Community Affairs for review, stating the staff and Planning and Zoning Commission recommend approval. She stated, if approved for transmittal, this would come back before the Board in the summer for adoption and a Land Development Code amendment would also be brought back at that time.
Keith Schue, Chairman, Central Florida Sierra Club, stated they support the policy as recommended by staff.
No one else spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the staff recommendation to transmit the proposed Text Amendment to the Future Land Use Element of Vision 2020 to add a policy to allow the Planning and Development Director to approve administrative waivers to lot size and width, under special circumstances, in the RC-1, A-1, A-3, A-5 and A-10 zoning districts; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
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There being no further business to come before the Board, the Chairman adjourned the meeting at 11:35 p.m.
ATTEST:______________________Clerk_____________________Chairman
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