Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

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

Commissioner Daryl McLain (District 5)

Clerk of Circuit Court Maryanne Morse (late)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Absent: Commissioner Grant Maloy (District 1)

Chairman Morris advised that Commissioner Maloy is ill and will not be attending today’s meeting.

Chris Grasso, Director of Information Technologies, and Greg Holcomb, Telecommunications Supervisor, addressed the Board to review request to proceed with negotiations with Time Warner Communications (TWC) to provide live broadcasting of the Seminole County Board of County Commission meetings starting on July 21, 1998. Mr. Holcomb reviewed the background information, timeline and equipment list as outlined in the agenda memorandum.

Clerk of Circuit Court Maryanne Morse entered the meeting at 9:11 a.m.

Commissioner Dick Van Der Weide entered the meeting at 9:11 a.m.

Chairman Morris stated the discussions that he and Mr. Kaiser, County Manager, have had with TWC are favorable and they

believe it will be done with minimal interference. He stated this will be a joint agreement which is being negotiated with TWC and the cable content will be completely controlled by Seminole County. County personnel will be providing and operating the cameras.

Mr. Kaiser advised that Mike Ertel and Andrew Cardona will be the two personnel operating the cameras.

Chairman Morris advised staff will continue with the contract negotiations with Time Warner and will provide the cost of the equipment at the next Board meeting.

Motion by Commissioner Adams, seconded by Commissioner McLain to authorize staff to proceed with negotiations with Time Warner Communications to provide television broadcast quality technologies to the Seminole County Board of County Commissioners Auditorium.

Districts 2, 4 and 5 voted AYE.

Commissioner Van Der Weide voted NAY.

No Report.

Mr. Kaiser informed the Board of three Add-ons: #31, Award FC-139; #32, Award FC-134; and #33, BCR #98/95 in the amount of $200,000.

Upon inquiry by Commissioner Adams, Kelly Loll, Purchasing Manager, addressed the Board to explain why there were only two bid responses for Item #32, Award FC-134, Lynwood Water Treatment Plant.

Commissioner McLain stated he would like to move forward with Item #33, BCR #98/95 for additional funds for the Lynwood Water Treatment Plant and Distribution System Improvements. He stated if the Board is going to make policy changes, he would like a work session scheduled to obtain the cost analysis and timeline for same.

Chairman Morris surrendered the gavel to the Vice Chairman and left the meeting at this time.

Ms. Loll submitted a revised Contract RFP-420 (Item #20) and advised that there are a few minor changes in the contract.

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

Water & Wastewater

1. Approve and authorize Chairman to execute the Seminole County Government/City of Lake Mary Industrial Pretreatment Program Interlocal Agreement, as shown on page ___________.

 

Public Works

Engineering

2. Approve and authorize Chairman to execute Resolution #98-R-111, as shown on page __________, authorizing Seminole County to enter into a Joint Participation Agreement, as shown on page __________, with the State of Florida Department of Transportation, CR 427/CR 425.

Traffic Engineering

3. Approve and authorize Chairman to execute Agreement, as shown on page __________, between Seminole County and Dayton Hudson Corporation to complete work on existing driveway located on the west side of Greenwood Boulevard. District 2
4. Approve and authorize Chairman to execute the Traffic Enforcement Agreement, as shown on page ___________, between Seminole County, Sheriff’s Office and Lake Harney Estates Association, Inc. District 5

5. Approve and authorize Chairman to execute Purchase Agreement, as shown on page __________, for a permanent drainage easement on property owned by Khadra C. Ward for the Buck Lake Emergency Outfall Project. District 5

6. Approve and adopt Resolution #98-R-112, as shown on page __________, to increase the E-9-1-1 access fee to $.42 for FY 1998/99 and $.50 for FY 1999/00.

 

Planning & Development

Current Planning

7. Determine that an unoccupied building located at 260 Acorn Drive, Longwood, is a public nuisance; and authorize Publication of Notice, Service of Notice, and scheduling of public hearing to consider same (Saleen F. Salis, owner). District 2
8. Determine that an unoccupied building located at 1010 Dunbar Avenue, Lake Monroe, is a public nuisance; and authorize Publication of Notice, Service of Notice, and scheduling of public hearing to consider same (James Bradwell, Jr. and Martha Harris, owners). District 5

Development Review

9. Adopt Resolution #98-R-113, as shown on page _________, accepting right-of-way donated by Maronda Homes, Inc. and authorize cancellation of property taxes on said property.

 

Comprehensive Planning

10. Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page __________, for Nadine L. Morales for a housing unit previously assisted under the SHIP down payment assistance program.
11. Authorize the Community Development Office staff to publish the proposed list of activities for the 1998/99 Consolidated Plan for a 30-day period to obtain public comment prior to final approval by the Board.
12. Approve and authorize Chairman to execute Subrecipient Agreement, as shown on page ___________, with the Central Florida Community Development Corporation (CFCDC) to administer and implement rehabilitation (façade improvements) to commercial establishments in the Midway target area.
13. Authorize Chairman to sign Letter of support, as shown on page ___________, to the Florida Community’s Trust regarding the City of Winter Springs’ application for grant funding for the City’s new town center.

Building

14. Adopt Resolution #98-R-114, as shown on page _________, renaming Grand Valley Drive in Huntington Pointe Phase 4A to Cypress Knee Lane. District 2
15. Adopt Resolution #98-R-115, as shown on page ___________, renaming Wild Fox Drive in the Deer Pointe Subdivision to Deer Pointe Circle. District 1

P.A.Y.

16. Approve and authorize Chairman to execute Contract Amendment and Contract Renewal, as shown on page __________, for Department of Juvenile Justice Contract #G7029, which represents Amendment #2 to the FY 97/98 contract and the first renewal for the contract entered into on July 1, 1997.

Community Assistance

17. Approve the seven (7) Byrne Grant proposals with BCC matching funds in the amount of $43,792.00 for Teen Court, P.A.L., and DUI Initiative; and authorize Chairman to execute all required grant documents, as shown on page _________.

Purchasing

18. Approve Change Order #4, as shown on page __________, to FC-108-97/BJC, Red Bug Lake Road Phase II Landscape Project (Eagle Circle to Tuskawilla Road) (time extension).

19. Approve Fourth Amendment, as shown on page _________, to PS-332-95/BJC, Engineering Services for Lake Emma Road (Longwood Hills Road to Sand Pond Road), with Bowyer-Singleton and Associates, Inc., Orlando ($27,516).

Request for Proposal

20. Award RFP-420-97/BJC, as shown on page _________, Audio-Visual Appearance/Arraignment system to Advanced Technology Solutions, Longwood; and approve Miscellaneous Contract M-58-98 Installation Purchase Agreement for Remote, Networked Audio/Visual Equipment, Materials and Services with MLC Group Inc., Reston, Virginia (not-to-exceed $350,000 over a 4-year grant cycle).

 

Budget

21. BCR #98/80 ($1,270,619), Public Works/Roads, Fund 10101, Transportation Fund; places funds in appropriate account lines for various Roads Division CIP projects as presented at the May 12, 1998 work session.
22. BCR #98/83 ($3,310,744), Public Works/Engineering Fund 10101/11500/12601, Transportation Trust Fund/Infrastructure Sales Tax Fund/Arterial-Impact Fee Fund; transfers funds from reserves in various transportation funds to capital projects for case settlements and appraisals, support services, and demolition of structures.
23. BCR #98/90 ($11,844), Library & Leisure Services/Library Public Services Fund 00100, General Fund; accounting adjustment to move funds for library display units to the proper account (machinery and equipment).
24. BCR #98/91 ($21,927), Public Works/Stormwater Fund 13000 Stormwater Fund; an accounting adjustment moving funds from an operating line to a capital line for the purchase of a vehicle.
25. Budget Amendment Resolution #98-R-116, as shown on page __________, ($65,000), Department of Fiscal Services, Fund 10101, Transportation Fund; recognizes and appropriates a $65,000 developer contribution for design, construction, and installation of a traffic signal on Red Bug Lake Road at the Red Willow Plaza.
26. Budget Amendment Resolution #98-R-117, as shown on page __________, ($4,000), Department of Fiscal Services, Fund 00100, General Fund; grant titled "Invest in Children Tag Fund" to purchase educational videos to educate juvenile offenders about drug/alcohol abuse and school attendance, and to create a database program on all juveniles brought to the Juvenile Assessment Center.
27. Authorize expenditure in the amount of $200 from the Law Enforcement Trust Fund to contribute to Rock Lake Middle School’s drug-free, alcohol-free eighth grade graduation celebration.
28. Approve and authorize Chairman to execute Contract GZ604, as shown on page _________, with State of Florida Department of Revenue for continuing partial funding of the Civil Domestic Division for period July 1, 1998 through June 30, 1999.

29. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page _________, between Seminole County and the City of Maitland for the U.S. 17-92/Maitland Boulevard Improvements.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to adopt appropriate Supplemental Resolution of Necessity #98-R-118, as shown on page __________, relating to Chuluota Bypass Road Improvement Project (Second Street).

Districts 3, 4 and 5 voted AYE.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-119, as shown on page _________, revising the Solid Waste rate and fees.

Districts 3, 4 and 5 voted AYE.

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Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-120, as shown on page _________, revising the water system and wastewater system fees.

Districts 3, 4 and 5 voted AYE.

Chairman Morris re-entered the meeting at this time and resumed the position of Chairman.

Dave Beitz, Building Official, addressed the Board to present request from a property owner to rename a dead end street on the south side of North Street, located within Sanlando The Suburb Beautiful Argyle Section, from Archibald Avenue to Whispering Trees Cove. He stated staff has received notification from all twelve property owners and eight of the twelve were opposed to the name change. He said staff does not recommend approval of the request.

Motion by Commissioner Adams, seconded by Commissioner McLain to deny the street name change request from Archibald Avenue to Whispering Trees Cove.

Districts 2, 3, 4 and 5 voted AYE.

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

Districts 2, 3, 4 and 5 voted AYE.

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

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to approve the Official Minutes dated May 12, 1998.

Chairman Morris advised that the Battle Ridge Companies, Inc. issue is before the Board again this afternoon. He stated he will be offering a friendly opposition to DCA stating that if the City of Winter Springs does what they said they will do, then the County will have no objections to their proposal.

Commissioner McLain stated the County has gone through a long, arduous process defining the boundaries and he feels the County needs to defend that.

Chairman Morris stated he and staff have had numerous discussions with the City of Winter Springs Commission, Mayor and City Manager and everyone is in agreement.

Tony Matthews, Senior Planner, addressed the Board to advise the City of Winter Springs has adopted all of the ordinance and have transmitted them to the DCA for their review.

John Dwyer, Current Planning Manager, addressed the Board to advise he has received a request from the ACI Income Fund (Item #F6, Amendment to the Oviedo Crossing Final Master Plan and Developer’s Commitment Agreement), to continue this item to June 23, 1998 at 1:30 p.m. He stated the applicant is requesting that this item and the DRI request scheduled for June 23 be combined.

Commissioner Van Der Weide advised that the Boy Scouts troop from his church will be attending tonight’s meeting.

Warren Wagner, Director of Environmental Services, addressed the Board to discuss the dry weather conditions. He stated due to the dry condition, the County needs to issue mandatory water restrictions and staff is preparing a resolution for Board approval this afternoon relative to same. He said the resolution is asking for mandatory water restrictions for all of the County’s service areas.

Upon inquiry by Chairman Morris, Mr. Wagner advised nonessential watering shall not occur between the hours of 6:00 a.m. and 8:00 p.m. and lawn irrigation may occur between the hours of 8:00 p.m. and 6:00 a.m. Even number homes can water on Monday, Wednesday and Friday. Odd number homes can water on Tuesday, Thursday and Saturday. The minimum length of time of the water restrictions will be 30 days.

Upon inquiry by Chairman Morris, Mr. Wagner advised he is not sure how much money the County is allowed to fine the offenders.

Chairman Morris stated the Board will need to know what the amount of fines will be for those who violate the restrictions.

Upon inquiry by Chairman Morris, Mr. Wagner advised commercial businesses, such as car washes, will not be restricted.

Upon inquiry by Commissioner Adams, Mr. Wagner advised this action will be coordinated with other water authorities.

Chairman Morris stated he feels the County should ask the cities to cooperate with them as there will be a lot of confusion throughout the area. Discussion ensued.

Commissioner McLain stated if the wholesale users agree to cooperate with this, then an addendum can be added to the interlocal agreements.

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The Board recessed at 9:48 a.m., reconvening at 1:37 p.m., with all Commissioners (including Commissioner Maloy) with Commissioner Van Der Weide entering late, and all other Officials with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy Wall, who were present at the Opening Session.

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The Invocation was given by Commissioner Daryl McLain.

Channel 6 Reporter, Craig Eicher, led the Pledge of Allegiance.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-108, as shown on page __________, proclaiming the week of June 15 - 19, 1998 as "Code Enforcement Officers’ Appreciation Week".

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Greg France, Deputy Building Official, who expressed his appreciation.

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Motion by Commissioner Maloy, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-109, as shown on page _______, proclaiming May 29 and 30, 1998 as "Relay for Life Days".

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Adams, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-110, as shown on page ________, proclaiming the week of June 6 - 13, 1998 as "National Homeownership Week".

Districts 1, 2, 4 and 5 voted AYE.

The Chairman advised that the Board had a presentation this morning on water conservation because of the drought conditions; therefore, he requested Director of Environmental Services, Warren Wagner, to give a summary of this morning’s discussion.

Mr. Wagner advised that the County is violating their consumptive use permit by exceeding their maximum daily usage at three of their water plant facilities. Those plants are: Lynwood, Hanover/Heathrow, and Indian Hills. He stated that based on that, he is proposing water conservation measures be implemented.

Upon inquiry by Chairman Morris, Mr. Wagner stated he is proposing these restrictions through the end of June. He also stated that this will be for only the unincorporated areas.

Commissioner McLain stated he believes the County Manager is in the process of reviewing the no wake restrictions on the St. Johns because the water level is down. Mr. Kaiser advised that he is waiting on an evaluation from the Sheriff so that those restrictions can be rescinded.

Upon inquiry by Commissioner Maloy, Mr. Wagner advised warnings will be given to those people who are caught watering their lawn on an improper day and then citations will be issued for repeat violations.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution implementing water conservation measures for all water customers of the Seminole County Environmental Services Department.

Districts 1, 2, 4 and 5 voted AYE.

Mayor Larry Dale of the City of Sanford addressed the Board to state the City Commission is excited about an opportunity for redevelopment in downtown Sanford and the County has been an integral part of that. He displayed artist’s renditions (received & filed) of the proposed Hotel/Conference Center. He advised the hotel will consist of 300 rooms and the multipurpose center will consist of 400,000 square feet. He said a couple of years ago the County’s appointed task force agreed that there is a desperate need for a multi-purpose conference center in Seminole County. He said the Sanford lakefront, with Sanford being the County Seat, is an ideal location for this center. He advised this would be a public/private partnership and envisioned, along with the hotel and conference center, a boardwalk, fishing pier and beach. An updated analysis report was distributed but not received for the Record.

Hank Fishkind, Fishkind & Associates, addressed the Board to discuss the Economic Impact Analysis and Estimate of Tax Increment Report (copy was received & filed).

Commissioner Maloy stated that typically most conference centers lose money year after year; most are lucky if they break even on the operating costs. Whereupon, Mr. Fishkind concurred, advising most centers are funded by the Tourist Development Tax and very few are able to cover their debt service; most just cover their operating costs.

Commissioner Van Der Weide entered the meeting at this time.

Upon inquiry by Commissioner Maloy, Mayor Dale stated conference centers and hotels are attracted to areas where business will come to them and Sanford has a view that is found nowhere else in Seminole County and that is Lake Monroe.

Bill Rossiter , Chairman of the Sanford CRA, addressed the Board to state the CRA is excited about this proposal. He said this gives them the cornerstone to enhance the tax base. He advised the CRA has voted to approve this concept and are willing to fund bonds to the maximum to assist in this project.

Joe Pacitti, developer of the proposed hotel/conference center, addressed the Board to state he is very enthusiastic about the conference center proposal. He also stated that he is currently out in the market looking for Wall Street funding.

Upon inquiry by Commissioner Adams, Mr. Pacitti advised he estimates between 70% to 80% of this project will be funded by the private sector.

Attorney William Wondsa (phonetic), representing Mr. Pacitti, addressed the Board to advise they are anxiously awaiting the funding to proceed with this project.

Commissioner Maloy questioned who would own the conference center. Whereupon, Mayor Dale advised the hotel will be a full-service hotel and will be privately-owned; the conference center will be publicly-owned between the City, the County and the CRA.

Mayor Dale requested the Board to take the advice of their task force (who enthusiastically and unanimously endorsed this site for the hotel/conference center) and vote to endorse this as the official site for the hotel/conference center for Seminole County, and to commit funding from the TDC of approximately $400,000 a year.

Commissioner McLain stated there has been a lot of discussion in the press about this project. He said it is amazing the amount of business that Seminole County is turning away because of the lack of adequate meeting and conference facilities. He stated this is an opportunity for Seminole County to provide the type of facilities that their citizens should expect to have available to them. He said he is happy to hear that the City Commission has agreed to relocate the park recreational facilities currently located at Ft. Mellon and that the amount of those facilities will be doubled, which will further enhance the City’s recreational department. He further said that the proposed development will also have a fishing pier, beach and boardwalk in a park-like setting. Currently, he believes Ft. Mellon Park is under-utilized. He stated that he has worked with the Mayor during the past months and would like to commend him for his leadership role in moving this forward. He further stated that visitors are currently flying into the Sanford/Orlando Airport and are immediately getting on the Greenway and going to Orange County for facilities. This proposal will encourage visitors to stay in Seminole County and spend their tourist dollars. It will also bring jobs for the young people.

Motion by Commissioner McLain, seconded by Commissioner Adams to officially designate the Sanford/Ft. Mellon site as the site for the hotel/conference center in a public/private partnership; and to move forward with dedicating TDC funds from the hotel to provide funding along with the Sanford CRA so that the project can become a reality.

Under discussion, Commissioner Adams stated, first of all in considering this, he has to look at the players to see if they have the business savvy and moxy to pull this project off. He said that Doubletree are premier in this industry and he sees no reason to not support this project, especially with 70% of the funding coming from the private sector.

Upon inquiry by Commissioner Maloy, OMB Director, Cindy Manoni, addressed the Board to advise there is not $3 to $4 million tourist development tax currently available. Whereupon, Mayor Dale advised the funding would be through bonding.

Ms. Manoni advised that tourist tax generated by the hotel can be used to pay the bonds.

Commissioner Maloy stated he cannot support this motion because this is a large real estate development and he does not think it justifies government ownership. He added he feels a conference center should be a lot more accessible to all the citizens of the County. He further stated that he is not prepared to move forward on this until he sees a lot more details.

Commissioner Van Der Weide stated the one concern he has is the ownership. He said he would rather see it owned by the City of Sanford because if for some reason this fails, it could get complicated with multiple owners.

Commissioner McLain stated there are many more details to work out on the interlocal agreement and making a decision on the ownership is one of them.

Chairman Morris stated currently visitors and citizens are driving down to the Disney Conference Center and to hotels in Orange County. He said the only facility in Seminole County is the Altamonte Hilton that is always booked. He also said this is exactly what the Sanford CRA was set up to do. He stated this would be the first big step with many details to be worked out in the future.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Commissioner McLain left the meeting at this time.

Motion by Commissioner Adams, seconded by Commissioner Maloy to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

Districts 1, 2, 3 and 4 voted AYE.

Proof of publication, as shown on page _________, calling for a public hearing to consider an Amendment to the Oviedo Crossing Final Master Plan and Developer’s Commitment Agreement for property located on the east side of Red Bug Lake Road, north of Slavia Road, ACI Income Fund, received and filed.

The Chairman advised the applicant has asked that this item be continued.

Commissioner McLain re-entered the meeting at this time.

Motion by Commissioner Maloy, seconded by Commissioner Adams to continue until June 23, 1998, at 1:30 p.m., consideration of an Amendment to the Oviedo Crossing Final Master Plan and Developer’s Commitment Agreement for property located on the east side of Red Bug Lake Road, north of Slavia Road, as described in the proof of publication, ACI Income Fund.

Under discussion and upon inquiry by the Chairman, no one addressed the Board to speak to this issue.

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

Continuation of a public hearing to consider a request to vacate and abandon a portion of Oregon Avenue on behalf of the abutting property owners for right-of-way located north of SR 46 and west of I-4, as described in the proof of publication, Jim Willard on behalf of Schrimsher NW 46 Ltd.

Plans Examiner, Sylvia Smith, addressed the Board to advise this item is proposed to be continued until June 9, 1998, as the staff and the applicant is still trying to finalize the resolution.

Motion by Commissioner McLain, seconded by Commissioner Maloy to continue until June 9, 1998 consideration of a request to vacate and abandon a portion of Oregon Avenue on behalf of the abutting property owners for right-of-way located north of SR 46 and west of I-4, as described in the proof of publication, Jim Willard on behalf of Schrimsher NW 46 Ltd.

Under discussion and upon inquiry by the Chairman, no one spoke in support or in opposition.

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

Proof of publication, as shown on page ________, calling for a public hearing to consider condemnation of 3412 Palmway, Sanford, Joseph A. Garrison, owner, received and filed.

Deputy Building Official, Gregg France, addressed the Board to advise staff is recommending approval to raze and abate this previously declared public nuisance. He further advised that the owner has not responded to any of the County’s requests. He stated the owner has said he is not financially capable of removing the structure and has no opposition to the County removing same.

District Commissioner McLain stated he would like to move this process forward and requested staff to look at the funds available for low income people. Whereupon, Mr. France stated he does not believe the owner qualifies for these funds; however, he will evaluate and confirm same.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-121, as shown on page __________, requiring a previously declared Public Nuisance at 3412 Palmway, Sanford, Joseph Garrison, owner, to be razed and to be abated by June 28, 1998, and authorizing necessary corrective action to be taken in the event the nuisance is not so abated.

Under discussion and upon inquiry by the Chairman, no one spoke in support or in opposition.

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

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1A (Single Family Residential) the northerly property (approximately six acres); and from A-1 (Agriculture) to R-1AA (Single Family Residential) the southerly property (approximately five acres); located on the west side of Lake Emma Road and south side of Huntington Subdivision, William and Pouneh Alcott, received and filed.

Senior Planner, Don Fisher, addressed the Board to give an overview and site analysis, advising approximately 5% of the site appears to be flood prone and only those areas above the post-development 100-year flood elevation should be rezoned. He further advised that R-1 zoning on the northerly parcel and R-1AA zoning on the southerly parcel does not appear to provide adequate transition into the Lazy Acres Lane area. The Lazy Acres Lane area consists of minimum one acre developed parcels and larger. The development located on the north side of Equestrian Club Lane was required to provide a transition zoning from R-1A to R-1AA to A-1. Staff recommends rezoning the northerly parcel to R-1AA to provide transition from the 75’ wide/9,375 sq. ft. lots on the north and rezoning the southerly Parcel 5 to R-1AAA to provide transition to the minimum one acre lots and establish the trend of development to the south and east. Based on staff analysis prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comp Plan and Land Development Code; (2) The request would not be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff opposes the adoption of an ordinance rezoning the subject properties from A-1 to R-1A on the northerly property and A-1 to R-1AA on the southerly property. However, staff would not oppose the adoption of an ordinance rezoning the subject property from A-1 to R-1AA on the northerly property and from A-1 to R-1AAA on the southerly property, subject to: (1) Dedicate additional right-of-way on Lake Emma Road as necessary to accommodate required off-site improvements; (2) Rezone only those areas above the post-development flood prone elevation; and (3) Provide adequate sight visibility at the projects entrance (this may require extensive on-site and/or off-site improvements). He added that on May 6, 1998, the Planning & Zoning Commission recommended the request with the applicant’s commitment to increase minimum home sizes to 1,300 square feet in the proposed R-1A zoning and 1,600 square feet in the proposed R-1AA zoning.

Jim Weinberg, representing the applicant, addressed the Board to advise they are committing to the increased minimum home sizes. He said they have also done everything staff has asked for. He stated there is a retention pond on the property that is unmaintained by the County and when they come back in for site plan review, they would like to move it to the northern end of the property.

Joseph Ruggieri, 1961 Lake Emma, addressed the Board to speak in opposition, stating the area residents want to the keep the area agricultural and feel the proposed zoning will take away from their lifestyle.

No one else spoke in support or in opposition.

District Commissioner Morris recommended the County continue to uphold the standards of Lazy Acres and recognize the uniqueness of the area and the transitional zoning therein surrounding it. He said the western side does not appear to be an issue; therefore, he would recommend R-1A on Parcel 4 and R-1AA on Parcel 5 with a minimum house size of 1,300 square feet, with approval of the remainder of the staff recommendations and with the P&Z recommendation with regard to the retention pond.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve rezoning from A-1 to R-1A on Parcel 4, and rezoning from A-1 to R-1AA on Parcel 5, subject to a minimum house size of 1,300 square feet, with approval of the remaining staff recommendations and the P&Z recommendation with regard to the retention pond; adoption of Ordinance #98-26, as shown on page _________; and approval of Development Order, as shown on page __________.

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

Proof of publication, as shown on page ________, calling for a public hearing to consider a request for rezoning from A-1 (Agriculture) and C-2 (Retail Commercial) to PCD (Planned Commercial Development); for property located on the northwest side of SR 46 and I-4, and on the east side of the proposed realignment of Oregon Avenue, Ken Wright, received and filed.

Mr. Fisher gave an overview and site analysis, advising based on staff analysis prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff would not oppose the adoption of an ordinance rezoning the subject property from A-1 and C-2 to PCD for automobile sales and service center, subject to: (1) Install a maximum of four permanent access locations; (2) Provide left turn lanes at all full access locations; (3) Dedicate additional right-of-way on Oregon Avenue as necessary to accommodate required off-site improvements; (4) Install a five foot wide sidewalk along the Oregon Avenue and SR 46 property frontages; (5) Due to the number of trees being removed and the fact that the site is located at an entranceway into Seminole County, landscaping should be enhanced along I-4 and SR 46; and (6) Minor modifications to the parking layout, islands, and building locations may be necessary during site plan review in order to comply with Code and save existing trees. He added that the P & Z recommended the request as proposed.

Attorney Ken Wright, representing the developer, addressed the Board to advise that after several meetings with staff, they concur with staff recommendations. Copy of proposed plan was received & filed.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve rezoning, by Ordinance #98-27, as shown on page _________, from A-1 and C-2 to PCD for property described as located on the northwest side of SR 46 and I-4, and on the east side of the proposed realignment of Oregon Avenue, as described in the proof of publication, Ken Wright, with staff comments and the adoption of a Development Order, as shown on page ________.

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

Proof of publication, as shown on page _________, calling for a public hearing to consider an Amendment to the Briar Corporation PCD Master Site Plan and Developer’s Commitment Agreement on property located north of Orange Boulevard, west of Dunbar Avenue and northwest of I-4, Mike Good, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to advise the amendment would allow the construction of an additional 11,000 square feet of office structure on the site. In addition, there is a request for a reduction of the western buffer from 50 feet to 25 feet. The land use and zoning for the property adjacent to the western buffer is Suburban Estates and A-1 Agricultural respectively. With the reduction of the buffer on the west, there may be a necessity for additional plantings within the revised buffer. He further advised that staff has no objections to the increase in allowable square footage for office structures from 5,088 square feet to 16,088 square feet and a reduction in the western buffer from 50 feet to 25 feet, subject to the following conditions: (1) Revised site plan meeting Code requirements for parking, stormwater retention, setbacks, landscaping, etc.; (2) Reduction in buffer from 50 feet to 25 feet is subject to retention of the existing large trees in the currently approved buffer; and (3) Planting of additional trees and landscaping within the buffer, along the west property line as found to be necessary during final site plan review.

Mike Good, applicant, addressed the Board to advise in 1994 he employed 130 people; however, now that number is up to 250. He stated that he does not see a problem with any of the staff recommendations.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve Amendment to the Briar Corporation PCD Master Site Plan and Developer’s Commitment Agreement, as shown on page ________, for property located north of Orange Boulevard, west of Dunbar Avenue and northwest of I-4, as described in the proof of publication, Mike Good, and to approve revised Development Order, as shown on page ________, subject to staff recommendations.

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

Senior Planner, Tony Matthews, addressed the Board to give a status report on the Battle Ridge Co. development. He advised that on May 7, the City of Winter Springs transmitted the plan amendment and based on that transmittal, he is estimating that the response from the DCA could come as early as the end of June. Based on whatever DCA’s finding is, there is a 21 day appeal period.

Robert Guthrie, Winter Springs City Attorney, addressed the Board to advise in response to issues raised by the County, they held up the plan amendment in order to reconsider the overall plan. He stated approximately 285 of the 300+ acres will be environmental conservation land use designation so it could never be developed, and the developer has made a commitment that it will be available to the public and held in public ownership. In addition, they have reduced the density to 2.56 units to the acre in order to protect the Black Hammock community. Also, the proposed one foot conservation easement is now 10 feet. He further advised that the City has been working with Mr. Matthews on a joint planning agreement.

Attorney Fred Linhart, representing Battle Ridge, addressed the Board to state things have changed drastically since the first time the County Commission saw this project. He discussed the notable changes. He advised the lots are at least 8,000 square feet and the living area of the homes are at least 1,800 square feet.

Mike Bass addressed the Board to briefly discuss the project.

District Commissioner Morris stated there is a unique opportunity to have an agreement with both the City of Winter Springs and the City of Oviedo with regard to the rural protection zone. He said Winter springs has basically agreed to all these items in a joint meeting with the City of Oviedo and the County. He recommended proceeding with the plan and basically supporting the proposal which he believes the residents also support to the extent that the protections are put into place. He also recommended proceeding with an agreement with Winter Springs.

Motion by Commissioner McLain, seconded by Commissioner Adams to take no action on the plan amendment at this time; and to direct staff to proceed with working out a joint planning agreement with the City of Winter Springs, with staff to come back in July with a status report on same.

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

Mr. Dwyer presented request for an extension to the time frame for submittal of the PUD Final Master Plan for Magnolia Lakes; and authorization for agricultural uses within the PUD located northeast of SR 419, west of Snow Hill Road, north of Chuluota, Mike Hattaway. He advised the staff has no objections to the first part of the request, the extension to the filing of the plan, as requested, until May 12, 2001. However, he stated the second part of the request, authorization for the agricultural uses, cannot be acted upon today because the PUD regulations do not allow it. He said that request needs to come back before the Board during a public hearing.

Mike Hattaway, applicant, addressed the Board to state he disagrees with Mr. Dwyer. He said he was only notified of this recommendation on Thursday. He read from Section 34.444-C from the Code regarding non-residential uses in PUD’s. He advised he wants to grow trees on the property and would like the Board to consider both his requests today. He stated that the property has been in agricultural use for over 40 years and when he purchased the property, he did not have the forethought to reapply for an agricultural exemption because he thought it carried on with the land. He further stated that he will agree that on the completion of the first home, the agricultural use will stop.

County Attorney, Robert McMillan, advised there are two different issues. One is whether or not this is a non-conforming use and whether it can be continued but not expanded. The other issue is what can be permitted in a PUD. He further advised a separate issue is the current PUD Agreement and if Agriculture can be permitted within the PUD. He said the agricultural use would have to be permitted within the PUD Agreement and that would call for an amendment to the PUD and a public hearing to consider same. He stated that staff can come back to the Board during the next meeting with options on how to proceed with this request.

Motion by Commissioner Maloy, seconded by Commissioner Adams to approve a 3-year extension for submittal of the Final Master Plan for Magnolia Lakes; and to direct staff to further review applicant’s request to utilize the property for agricultural purposes and to report back to the Board in two weeks.

Under discussion, Commissioner McLain briefly discussed the letter from Stanley Stevens expressing concern about agricultural use in PUD’s (copy of letter was received and filed).

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

Commissioner Van Der Weide left the meeting at this time.

Ms. Smith presented request for a waiver to the Subdivision Platting Regulations for property described as one acre located on the south side of Bear Gully Road, approximately ¼ mile east of the intersection of Dodd Road and Hall Road in Section 35, Township 21 South, Range 30 East, Felix and Lillian Hernandez. She advised staff recommends approval.

Motion by Commissioner Maloy to grant Subdivision Plat Waiver for property located on the south side of Bear Gully Road, approximately ¼ mile east of the intersection of Dodd Road and Hall Road in Section 35, Township 21 South, Range 30 East, Felix and Lillian Hernandez.

The Chairman called for a second to the motion three times without response, whereupon, he surrendered the gavel to the Vice Chairman for that purpose.

The motion, duly seconded, was then voted upon and carried with Districts 1, 2, 4 and 5 voting AYE.

The gavel was returned to the Chairman.

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Ms. Smith presented the Preliminary Subdivision Plan for Chase property located on the westerly side of Old Lake Mary Road, south of Brightview Drive and north of Crystal Lake Circle in Sections 3 & 10, Township 20 South, Range 30 East, Remark Development, Inc. She advised the proposal contains 130 lots on 94.50 acres zoned R-1AA and R-1AAA.

District Commissioner McLain stated there has been some efforts for voluntary commitments from property owners to participate in funding for aquatic weed control for the lake. He questioned whether the developer has agreed for the lots on the lake to participate in that funding. Whereupon, Ms. Smith advised the developer has agreed to contribute a total of $1,300.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve the Preliminary Subdivision Plan of Chase property located on the westerly side of Old Lake Mary Road, south of Brightview Drive and north of Crystal Lake Circle in Sections 3 and 10, Township 20 South, Range 30 East, Remark Development, Inc.

Districts 1, 2, 4 and 5 voted AYE.

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

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Ms. Smith presented the Preliminary Subdivision Plan for Cherry Ridge Phases 2 and 3 which is internal to the Heathrow PUD Development in Section 35, Township 19 South, Range 29 East, Centex Homes. She advised the plan contains 45 lots in each phase for a total of 90 lots on 28.25 acres zoned PUD. The minimum lot size is 75’ by 120’. She advised the staff recommends approval.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve the Preliminary Subdivision Plan for Cherry Ridge Phases 2 & 3, Centex Homes.

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

Commissioner McLain left the meeting at this time.

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Planner, Cynthia Sweet, addressed the Board to present request for approval of a final site plan for Eagles Landing Office Center Lot 6, located on the north side of Canton Cove, north side of Red Bug Lake Road and west side of Clinging Vine Place in Section 24, Township 21 South, Range 30 East. She advised this is in an OP Office Professional District and a 3,382 square foot dental office on a .38 acre parcel will be constructed. She advised staff recommends approval.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the final site plan for Eagles Landing Office Center Lot 6, located on the north side of Canton Cove, north side of Red Bug Lake Road and west side of Clinging Vine Place in Section 24, Township 21 South, Range 30 East.

Districts 1, 2, 3 and 4 voted AYE.

No report.

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

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Van Der Weide advised that members of Boy Scout Troop 773 will be in attendance at this evening’s meeting.

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Commissioner Adams advised Thursday he attended a meeting of the Economic Development Commission with regard to the direction of international affairs.

Commissioner McLain re-entered the meeting at this time.

Commissioner Van Der Weide left the meeting at this time.

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Commissioner McLain advised of resignation of Walter Nason from the Sanford CRA.

Motion by Commissioner McLain, seconded by Commissioner Adams to authorize sending a letter of appreciation to Mr. Nason for his services on the Sanford CRA; and to appoint Tom Ball to the Sanford CRA, replacing Mr. Nason.

Districts 1, 2, 4 and 5 voted AYE.

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The Board, thereupon, recessed at 4:39 p.m., reconvening at 7:04 p.m., this same date, with all Commissioners and all other Officials, with the exception of Commissioners Morris and Maloy, who were absent, and with the exception of Deputy Clerk Sandy Wall, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

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Commissioner Van Der Weide introduced guests tonight, Bill Riley, Rod Crews, and members of Boy Scouts Troop 773, who were in attendance to earn their communication merit badge.

Vice Chairman Adams expressed the pleasure of the Board in having these young men present.

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment from Office and Low Density Residential to Commercial; and Rezone from A-1 (Agriculture) to C-1 (Retail Commercial); property located south of SR 46 and east of Orange Boulevard, containing approximately 9.98 acres, Westlake Development Corp., received and filed.

Senior Planner, Cindy Matheny, addressed the Board to present the request for land use amendment and rezoning. She advised that staff recommends approval of Commercial land use with findings that: (1) The proposal could be consistent with the locational criteria of the County’s Comprehensive Plan relating to the Commercial land use designation; (2) The proposal could be compatible with development trends in the immediate area; (3) Commercial land use could be consistent with adjacent Office and Low Density Residential land use designations; (4) The proposed amendment does not alter the options or long-range strategies for facility improvements or capacity additions included in the Support Documentation to the Plan; and (5) Commercial land use could be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan.

Based on their analysis of the rezoning, staff recommends that the subject request: (1) is not in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to Commercial zoning; and (2) The request, as proposed, would be incompatible with surrounding development. Therefore, staff recommends denial of the rezoning from A-1 to C-1. Ms. Matheny said staff believes the more preferred route would be to do this project as PCD, Planned Commercial District.

Ms. Matheny reviewed the recommendations of the Planning & Zoning Commission to unanimously approve the Commercial land use and the rezoning to C-1.

Upon inquiry by Vice Chairman Adams, Ms. Matheny answered staff’s concern was for the intensity of the commercial that would be located on the subject property. She said this project was presented to staff as neighborhood commercial. Under the Comprehensive Plan, neighborhood commercial should be addressed through a PUD or PCD. She said staff felt some of the uses that are in a C-1 district were not appropriate and prohibited by the Comprehensive Plan in a neighborhood commercial area. Regarding the voluntary commitments for exclusions from the C-1 zoning, she said this would constitute contract zoning and that would not be appropriate.

Applicant, Michael Murray, Westlake Development Corporation, addressed the Board to state the P & Z approved their request by a vote of 4 to 0. He submitted to the Board and staff a rendering (copy received and filed) of the their project idea. He said they want to landscape the property, put in berms wherever walls are necessary, and give more exposure to SR 46. He said this complex presented is more to scale and meets the County requirements. He said there is commercial all around them. Their concern is to keep an enhanced neighborhood convenience center, to be very attractive and very low profile. He also stated their outparcels will be low profile. There will be a gas station on one corner.

Upon inquiry by Commissioner McLain, Ms. Matheny and Current Planning Manager, John Dwyer, discussed what additional requirements would be placed on the applicant for PCD zoning instead of C-1.

Commissioner McLain stated this is a substantial enterprise and, previously, the Board has approved PCD for this type of situation. He asked Mr. Murray what his objections are for PCD. Mr. Murray answered that for PCD, he would have to bring in a precise plan of what’s going on the property and he doesn’t know that. Also, he said he was told that the plan could not be changed.

Commissioner McLain corrected with Mr. Murray that everything else around the subject property is not commercial.

Mr. Dwyer advised that Mr. Murray would have two years to come in with a final site plan. He said PCD was established for particular properties like this. He further explained that the preliminary site plan is just that and Mr. Murray can make changes before he comes in with the final site plan. He said the developer’s agreement is negotiable before it comes before the BCC.

County Attorney, Robert McMillan, explained to the Board that contract zoning is illegal. He said PUD and PCD are legalized forms of contract zoning.

Mr. Dwyer advised the Board that Mr. Murray could sell the property and someone else could come in with C-1 uses and staff could not deny them. He stated wording can be put into the development agreement to set up a phasing schedule instead of developing all at one time.

Commissioner McLain said he senses that Mr. Murray really is not familiar with the PCD process. Mr. Murray discussed his concerns. He advised the owner of the property is John Stuart and they will probably have a joint venture.

No one spoke in support or in opposition.

Commissioner McLain stated he agrees with staff and thinks this should be a PCD.

Commissioner Van Der Weide stated he cannot understand what the problem is. He advised Mr. Murray that the Board is suggesting he work out everything with staff.

Discussion ensued by the Board and staff of what additional steps would be necessary and the PCD process. Mr. Dwyer stated staff can meet with Mr. Murray and let him know what does and does not meet the code requirements.

Commissioner McLain said his approval would be for all the C-1 uses with the exceptions noted by Mr. Murray.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt Commercial land use with staff findings and transmit to the Florida Department of Community Affairs; and that property located south of SR 46 and east of Orange Boulevard, containing approximately 9.98 acres, be and the same, is hereby rezoned to PCD, Planned Commercial District, with additions of a restaurant, gas station, and a convenience store; as described in the proof of publication, Westlake Development Corp.

Under discussion, Mr. Dwyer noted that any major changes to the PCD would have to come back before the Board.

Commissioner McLain stated he will make himself available if Mr. Murray should have any problems.

Districts 3, 4, and 5 voted AYE.

Ordinance #98-28, as shown on page __________, adopting Commercial land use, and Ordinance #98-29, as shown on page __________, rezoning to PCD, were received and filed.

Mr. Kaiser advised that a conflict was discovered in the wording of the Resolution adopted earlier on water conservation, and the Board needs to adopt a revised resolution.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt appropriate revised Resolution #98-R-123, as shown on page __________, regarding water conservation measures.

Districts 3, 4, and 5 voted AYE.

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There being no further business to come before the Board, the Vice Chairman declared the meeting adjourned at 7:40 p.m.

ATTEST_____________________Clerk____________________Chairman

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