BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
JUNE 24, 2003
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, June 24, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Absent:
Commissioner Randy Morris (District 2)
Pastor Stephen Binkley, Grace United Methodist Church, Lake Mary, gave the Invocation.
Kevin Grace, County Manager, led the Pledge of Allegiance.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-80, as shown on page ________, proclaiming the month of July as Recreation and Parks Month.
Districts 1, 3, 4 and 5 voted AYE.
The Resolution was presented to Jane Harrison, Parks & Recreation Board, who expressed her appreciation to the Board.
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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-111, as shown on page ________, commending the Purchasing and Contracts
Division for receiving the 2003 Award for Excellence in Public Procurement.
Districts 1, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Ray Hooper, Purchasing Manager, who addressed the Board to state the Purchasing Contract staff is proud to accept this recognition and resolution. He said there are 239 active agencies and members of the Florida Association of Public Purchasing Officers and only ten agencies received this recognition. He thanked the Board for their support.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #2003-R-112, as shown on page ________, proclaiming July 13-19, 2003 as Adult and Juvenile Probation Officer’s Week and to recognize their daily service and contribution to the community.
Districts 1, 3, 4 and 5 voted AYE.
The Resolution was presented to Phil Stalvey, Community Services Director, who addressed the Board to express his appreciation. He stated the probation officers are responsible for over two-thirds of the nation’s offenders under supervision or custody. The rise of the number of offenders under the community’s supervision, the impact of the drugs, the availability and use of weapons and the increase of violent behavior contribute to the dangers that these officers face each day. He said the probation officers make a difference through mentoring, intervention, rewards and sanction, treatment, partnerships with other agencies and community groups and by assisting offenders in their efforts towards leading a law-abiding lifestyle. They are professionals who constantly acquire knowledge of what motivates offenders and apply that knowledge in the most effective way possible. All of this is done in an effort to ensure the highest level of public safety.
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Ray Gilley, EDC President and CEO, addressed the Board to report on the Metro Orlando Economic Development Commission Marketing Plan. He stated there is so much positive attitude and energy in this outstanding community and he is proud to be part of the great success that has taken place in Seminole County. He stated Commissioner Maloy has been an active participant and valuable addition to the EDC Board of Directors and he recognized Commissioner Morris for his services with the EDC. He said he would like to acknowledge the following EDC board members in attendance: Rick Joyce, Dixon Ticonderoga; Dr. Ann McGee, President of Seminole Community College; and Debbie Clemmons, Sprint, who is in attendance on behalf of Dean Kurtz. He stated he would like to commend Bill McDermott, Seminole County Economic Development Director, for his services in the process. He continued by introducing Tracy Grygiel Turk, an outstanding member of the EDC team and Maureen Brockman, Vice President of Marketing.
Mr. Gilley displayed a PowerPoint presentation highlighting the following: the Mission of the EDC and their 25 Years of Progress. He stated the EDC markets the region as a premier location for business; recruit new businesses and investments; help existing companies remain and grow; and support entrepreneurs and new business creation. He displayed and reviewed slides of How They Do What They Do and Who They Have Helped. He concluded by stating the EDC in 2003 is a highly competitive, ever involving and quite sophisticated process; and they work closely and daily with the governmental partners, the community, regional and state partners. He stated he hopes that the list that he shared with the Board will help them stay ahead and compete in today’s market place. He added he is not aware of any regional organization in Florida that has such a comprehensive economic development program approach.
Tracy Grygiel Turk addressed the Board to give an update of Seminole County’s Economic Development. She reviewed the following establishments that have come to Seminole County: Blue Bell Ice Cream; Metal Essence; Southeastern Radiation Products; Spartan Staffing, Inc.; Superchips, Inc.; Test Equipment Connection; and TI Automotive. She stated these establishments created and/or retained 389 jobs with $16.25 million in new capital investment. She reviewed the following new projects that she is working with now; Film & TV projects; County Priorities and Marketing relating to partnership with the Orlando/Sanford Airport and County/City Profile Series. She stated the upcoming events include the William Schwartz Innovation Awards and Investor Leadership Conference.
Mr. Gilley stated a lot of great work has taken place and he feels the EDC is the most efficient model of economic development and provides a wonderful opportunity for them to showcase a region. A booklet containing the presentation was received and filed.
Commissioner Henley stated he feels that Mr. Gilley and his staff deserve accolades for their efforts they have made in a competitive environment they are operating with in order to try to develop new jobs and industry.
Upon inquiry by Commissioner Henley, Mr. Gilley advised the EDC did go through reorganization and that resulted in a 12% reduction in their operation. They need to do a lot of things in their operations and hopefully they will come out about even by the end of the year.
Commissioner Henley stated he feels it is important that the industry continue to give back to the community through this effort.
Commissioner Van Der Weide stated the EDC organization is in place and he is anxiously waiting to reap the fruits of their efforts.
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Kirby Green, Executive Director, St. John’s River Water Management District, addressed the Board to bring the Board up to date on the East-Central Florida Water Supply Initiative. He stated a series of public meetings were held to identify a list of projects they could move forward with and that would create additional water for the area from alternative sources. Unfortunately, Phase I did not lead to that. Fifteen subregional meetings were held as well as meetings with individual counsel members, city managers and county administrators to try to determine what the commonalities and restrictions were in terms of being able to work together in bringing some productive projects to the area. After those meetings and 18 months of hard work, the group identified a number of areas they felt were critical. Those include development of new water supply sources, better use of reclaimed water, enhancing aquifer recharge with reclaimed water, increasing water conservation, linking land use planning and water supply planning, and enhancing local governmental coordination. The group spent a good bit of time trying to identify those areas of concern to local governments and he believes they have identified those key areas and alternative sources.
Chairman McLain surrendered the gavel to Vice Chairman Maloy and left the meeting at this time.
Mr. Green stated what he wants to do with Phase II is to provide, by October, a list of projects that they can move forward with and include water supply documents so they can help provide funding and placing those projects on their funding list to see if they can assist and obtain additional funds to help develop these projects. In the next 6 months, there will be a series of meetings throughout the region and those will be specifically designed to identify a series of projects they can move forward with. The SJRWMD has been talking about this for almost two years and they need to get some of the projects underway so that the County and the citizens can see they can deliver some water supply projects that will help meet their future needs. He encouraged the Board and staff to participate in the meetings and said they are looking forward to moving forward with funding. Brochures and informational items relating to East-Central Florida Water Supply Planning Initiative were received and filed.
Upon inquiry by Commissioner Henley, Mr. Green advised he is hoping to complete Phase II by October 2003.
Commissioner McLain reentered the meeting at this time and assumed the position of Chairman.
Commissioner Henley stated it has been his experience and observation that the emphasis has been more on acquisition of land than providing resources for development of alternative water sources. He said he is happy to see that SJRWMD is interested in that, but he would like to see that interest culminated in a bid in case someone else will provide more money in helping that alternative resource come about. The SJRWMD has taxing authority now to be able to put that in effect. He stated he is wondering if the SJRWMD Board of Directors is going to make a change of direction in order to be more helpful to the counties who are financially struggling.
Mr. Green stated the Board of Directors put money aside to help fund these projects. They call it a sinking fund where they take some of the ad valorem dollars each year to try to reach their regional goals. Their budget process will continue to put aside money into that fund so that they will have money to move forward with. There is about $2½ million in the fund at the present time and after October there should between $4 to $4½ million. The SJRWMD responsibility is to make sure that water resources are available and development of that supply.
Commissioner Henley stated right now there is no regional taxing sources to be able to bring this about, as it will take action by each Board or by referendum. If that could be accomplished with a change in mind of the District, he believes SJRWMD made a step in the right direction, but he would like to see bigger steps taken.
Commissioner Van Der Weide stated the other Water Districts throughout the state take on capital improvement projects and develop them. Most of the people realize that SJRWMD has taxing authority that isn’t represented by the citizens. He stated he is wondering if the County couldn’t get SJRWMD to move in the capital expenditure aspect and help solve some of these problems.
Mr. Green stated SJRWMD feel they are in a different position than the other districts. He stated southwest Florida had to help fund a water supply project in the Tampa Bay area. Southwest Florida, through the central and south Florida flood control district, was supplying water through their discharge capability to the city’s surface water. SJRWMD has been very blessed in this part of the state with a very productive aquifer and, up to this point, they haven’t been faced with those types of issues.
Commissioner Maloy stated the one thing that staff has indicated is the County was not allowed to get credit for water reuse on a golf course.
Mr. Green stated one of the things they have to show is the use of water is a beneficial use. The one thing they looked at is how much potable water is being offset by reclaim water and reuse. He stated he feels there should be some type of credit given on the conservative side of offsetting potable water sources with reclaim water. He said Mr. Grace has been talking to them about this issue. SJRWMD is presently discussing how south Florida and southwest Florida is giving credit for the use of reclaim water so maybe they can build some credit into their process. SJRWMD has not provided a credit for reclaim water as an offset, but they are getting in a position where they can.
Upon inquiry by Mr. Grace, Mr. Green advised the SJRWMD has a land acquisition program that gathers $25 million a year from the Florida Forever Program. The Legislature has said that up to 50% of that money can be used for water resource development projects. They have, in their district, a most aggressive switch from pure acquisition projects into projects they can use for water resource development.
Commissioner Henley stated County staff has done some preliminary work regarding the indexing process. Seminole County is a small area land-wise but is heavily populated. He stated he feels that a region-wide tax will be less of an impact using both dollars to help build the infrastructure.
Chairman McLain stated the Board appreciates SJRWMD providing this information and Seminole County will continue to be SJRWMD’s partner in working with a solution. He stated he hopes that SJRWMD’s position will change in providing more incentive money to help them keep the cost of water at a reasonable price.
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Chairman McLain recessed the meeting at 10:35 a.m., reconvening at 10:45 a.m.
Chairman McLain informed the Board of an Add-on, Item #16A, BCR 03-61 in the amount of $49,992 and a correction to Item #62, Seminole-Wekiva Trail.
Mr. Grace stated he would normally hold the add-on item but since there is no Board meeting until July 22, this request is needed to buy the audio/video equipment for the Juvenile Justice Center.
Commissioner Henley stated the wording in Item #35, 3rd Amendment to the SHIP funding agreement with Florida Community Capital Corporation (FCC), is being changed. He stated at one point the wording refered to low income and it was then changed to very low income and now it is being changed back to low income. He said he would like to see the County still reserve a certain percentage of those units for the very, very low income.
Colleen Rotella, Community Resources Manager, addressed the Board to state staff would work with the percentage as recommended by the Board.
Commissioner Henley stated he believes that 25% should be reserved for the very, very low income.
Commissioner Van Der Weide stated the only thing he can say is, without having everyone involved when changes are made, this may have a drastic impact whether it takes place or not. He stated he is wondering if staff should analyze this and bring it back to the Board.
Ms. Rotella stated staff needs to have something adopted today. She stated staff could contact FCC to see if the 25% causes a severe issue with them and then she can bring it back this afternoon.
Commissioner Henley stated the money was originally provided by SHIP and the person operating it didn’t have a tremendous amount of capital investment into it. The County had restricted it to all very, very low income and he feels it is unfair to give the individual the say-so that would rule it out.
Chairman McLain stated this item will be continued to this afternoon’s meeting.
Commissioner Henley stated he is not in opposition to Item #45, approve Purchase and Construction Agreement with Oaklawn Park Cemetery & Funeral Home, but what concerns him is the County is asking to approve an exchange but it doesn’t indicate in the backup the amount of cost involved.
Jerry McCollum, County Engineer, addressed the Board to advised the County is getting almost one acre of property including an easement from the cemetery to put in an 8 ft. trail sidewalk. The improvement the County is providing to the cemetery is roughly $25,000, therefore, it is running less than $1.00 a square foot. Mr. McCollum stated he will be happy to provide that information to the Board.
Commissioner Van Der Weide referred to Item #30, Approve Grant Agreement with West Seminole Pony Baseball, Inc. and Forest City Community Association, Inc. for the purchase of lights for three baseball fields. He stated he wants to make sure that the County is going to contribute up to $70,000 for these lights. He said he would like to know who the County is going to pay.
Suzy Goldman, Library & Leisure Services Director, addressed the Board to advise the County will pay the contractor upon completion.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize and approve the following:
8. Authorize release of
original Water and Sewer Maintenance Bonds (1) #3SM95662700 (Engineered Homes)
($24,952.15) for Egrets Landing Phase 1 Project; and (2) #3SM98462300
(Engineered Homes) ($22,746.24) for Egrets Landing Phase 2 Project.
13. BCR #03-62 –
$90,373 – Information Technologies – Information Services – Fund: 00100 –
General Fund. Accounting adjustments to
salary and travel lines to accommodate transfer of positions associated with
reorganization.
14. BCR #03-65 – $21,600
– Library & Leisure Services – Library Services – General Fund: 00100 –
Transfer of funds to cover encumbrance for contracts with an outside vendor to
provide courier services between the branch libraries and other county
locations.
15. Request authorization
to schedule and advertise two public hearings for the adoption of the tentative
and final operating and capital budget for FY 2003/2004. Advertisement of the
first public hearing will be by mail out of the “Notice of Proposed Property
Taxes”. Advertisement of the second public hearing will be by newspaper. Dates
requested are September 10, 2003 at 7:00 p.m. and September 23, 2003 at 7:00
p.m., respectively.
16. Request
authorization to advertise and schedule a public hearing for presentation of
the proposed Port Authority Budget for FY 2003/04. Date requested for the public hearing is August 26, 2003 at 1:30
p.m. at which time the FY 2003/2004 Seminole County Port Authority Budget will
be presented to the Board of County Commissioners for public comment.
16A. BCR #03-61 -
$49,992 – Judicial – County Court Facility Fees - Fund 12401 – County Court
Facility Fee Fund. A transfer of funds
is being requested for the purchase of audio/video recording equipment to
accommodate the requirements of the Florida Statute 741.30 for the Juvenile
Justice Center.
MSBU
17. Authorize staff to
advertise and schedule a Public Hearing on September 10, 2003 for the purpose
of adopting the non-ad valorem assessment roll.
18. Award
CC-1209-03/BJC, as shown on page ________, Geneva Wilderness Area Expansion
Project, to PNL Commercial Corporation, Maitland ($308,000.00).
19. Retract approval of award of CC-1202-03/BJC, as shown on page _________, Bookertown, Midway and Winwood Sidewalk Construction Projects, to Brown Brothers Concrete, Inc. of Jacksonville ($424,255.53) and award to CWB Contractors, Inc. of Bunnell ($447,569.00).
20. Approve Change
Order #1, as shown on page _________, to CC-1174-02/BJC, Northwest Regional
WWTF Chemical Feed System Improvements with Mack Concrete Industries, Inc.,
Astatula ($41,350.00 + 90 days time extension).
21. Approve Amendment #4, as shown on page _________, to DB-605-00/BJC – Design Build for the Seminole County Juvenile Justice Center, with The Collage Company/Scott Partnership, Lake Mary ($71,887.50).
22. Approve ranking list for PS-5140-03/BJC – Master Service Agreement for the Intersection of S.R. 436 and Red Bug Lake Road Project and award a Master Agreement, as shown on page ________, to URS Corporation, Orlando (Phase I, Not-to-Exceed $725,000.00).
23. Award RFP-4187-03/BJC, as shown on page ________, Performance Work Statement for Custodial Services for Miscellaneous County Buildings, to A1A Cleaning Service, Inc. of Longwood (Not-to-Exceed $931,724.00/per year).
24. Award RFP-4188-03/BJC, as shown on page ________, Security Services for Seminole County, to Allied Protection Services, Inc. of Fort Myers (Not-to-Exceed $342,000.00 per year).
25. Award IFB-3071-03/PER, as shown on page ________, Term Contract for Printing, Envelopes, Billing Statements and Delinquent Notices, to Seminole Imaging Products, Altamonte Springs (Not-to-exceed $108,947.50 for five (5) year period).
26. Waive the procurement process, approve Proprietary Source Procurement and authorize the issuance of a Purchase Order for the purchase of the annual ESRI Maintenance with ESRI, Inc., Redlands, CA ($48,793.24).
27. Approve Amendment #3, as shown on page _______, to M-248-01/BJC – Design and Construction Administration Phase of the repairs to the Sheriff’s Office and Public Safety Building Remediation Project, with Wiss, Janney, Elstner Associates, Inc., Atlanta, Georgia (Increase of $193,000.00 and Time Extension).
33. Approve and authorize Chairman to execute (5) Satisfactions of Second Mortgages – Early Release, as shown on page __________, for households assisted under the SHIP Program’s Home Ownership Assistance Program for the following: Sandra F. Smallwood; Myrtle I. Shay, William Shay & Irene L. Shay; Berta Arroyo, Edwin Arroyo and Dorothea Canseco; Veronica Gaudalupe; and Debra A. Knight.
34. Approve and authorize Chairman to execute an Amendment, as shown on page _______, to a SHIP Second Mortgage for Didotne Rivera to reflect correct legal description.
35. Continued to the 1:30 meeting request to Approve and authorize Chairman to execute 3rd Amendment to the SHIP Funding Agreement with the Florida Community Capital Corporation (FCC).
36. Approve and authorize Chairman to execute Amendment, as shown on page _________, to an Affordable Housing Development Agreement with Housing and Neighborhood Development of Central Florida, Inc. (HANDS).
37. Approve and authorize Chairman to execute Integrated Government Services Agreement, as shown on page __________, with the University of Central Florida to complete Phases One and Two of the Integrated Government Services System.
38. Approve and authorize Chairman to execute Amendment, as shown on page ________, to the Affordability Agreement for the Palm Point subdivision (Barry Watson, applicant).
41. Approve and authorize Chairman to execute the Modification, as shown on page ________, for the School Window Protection Agreement between the State of Florida Department of Community Affairs and Seminole County to purchase two (2) trailer mounted generators.
42. Approve and authorize the County Manager or designee to have signatory authority for a generic hold harmless agreement that would permit EMS/Fire/Rescue units access to private property to conduct nondestructive training.
Districts 1, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Mr. McMillan informed Commissioner Henley that
the cost of settlement for Item #50 is $60,000 for engineering fees and $28,000
for business damages and he stated he will provide the amount for Item #51.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to
authorize and approve the following:
49. Approve
proposed settlement
relating to Parcel Number 126 of the Wymore Road, road improvement project,
located at 264 Springs Colony Circle, Altamonte Springs, in the amount of
$10,000.00 with no attorney’s fees or costs incurred, EQR-BOND Partnership Property.
50. Approve
proposed settlement
relating to Parcel Number 102 of the East Lake Mary Boulevard Segment I road improvement project,
located on East Lake Mary Boulevard 1000 feet east of County Road 427, in the
contingent, not-to-exceed amount of $122,498.25; inclusive of land value,
severance and business damage, statutory interest, benefit obtained attorney
fees, the closure of one driveway, supplemental hearing attorney fees and
expert costs excluding two expert fee reimbursements for the owner’s business
damage expert and engineer, American
Bronze Fine Art Foundry, Inc. Property.
51. Approve
proposed settlement
relating to Parcel Numbers 147 and 947 of the Dodd Road, road improvement
project, located on the east side of Dodd Road 290 feet south of Red Bug Lake
Road, in the amount of $347,400.00, inclusive of land value, severance damage
and statutory interest. Attorney fees become statutorily set at $10,678.80 and
expert cost reimbursements are not included, Adventist Health System/Sunbelt, Inc. Property.
Districts 1, 3, 4 and
5 voted AYE.
CONSTITUTIONAL OFFICERS CONSENT AGENDA
Penny Fleming, Sheriff’s Office, addressed the
Board to explain for Commissioner Henley the original funding source for Item
#58, Budget Change Request in the amount of $35,781, is the funding they get
from the State Dept. of Children & Families for child protection services.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to
authorize and approve the following:
CLERK’S OFFICE
16. Approval
of Expenditure Approval Lists, as shown on page _________, dated June 3 &
10, 2003; and Payroll Approval List, as shown on page _________, dated June 5,
2003.
17. Chairman
to execute the following Satisfactions of Judgment/Court Costs:
Mathew Phillip Arena – Case #85-290-CFA - $392
Thomas Patrick Powers – Case #01-1388-CFA - $40
Application of Indigency Fee
Michael William Scott – Case #00-2074-CFA -
$224.46
Curtis William Stone – Case #97-7554-MMA -
$522.50
18. Chairman to execute the following Satisfactions
of Judgment/Bail Bond Liens:
Rowena
Lynn Turley and Accredited Surety & Casualty - $1,038
Willie
Lewis Williams and Accredited Surety & Casualty - $1,038
19. Chairman
to execute the following Satisfactions of Judgment/Public Defender Liens:
Jason
Begley, Case #00004525CFA - $200
Candice
R. Brown, Case #02012163MM - $100
Sharon
Jean Brush, Case #03002842MMA - $260
Kimberly
K. Coleman, Case #98001227CFA - $200
Michael
Douglas Cooper, Case #02003518MMA - $200
George
J. Dequattro, Case #92004252MM - $100
Lance
Edgar Fordham, Case #97001604MM - $200
Lance
E. Fordham, Case #97002368MM - $100
Don A.
Hawthorne, Case #02008507MM - $260
Annie
Lois Holley, Case #03001250MM - $100
Fannie
Hood, Case #94001144CFA - $200
Robin
Nathaniel Hurt, Case #02010693MMA - $100
Christina
Kang, Case #02010622MM - $260
Carl
Lowery, Case #00000930MM - $200
Amanda
Renee Montgomery, Case #02011865MM - $100
Elizabeth
Loria Odeh, Case #02004158CFA - $100
Aleksey
Pechurin, Case #03000596MM - $260
Lonnie
Raines, Case #97001353CFA - $200
Jeffrey
A. Saunders, Case #00006735MM - $200
Steve
Simon, Case #92003432CFA - $450
Robert
J. Stowell, Case #92004202CFA - $200
Peter
Townsley, Case #98001033MM - $200
David
Williams, Case #89003088MM - $50
David
Michael Williams, Case #P88003079CFA - $200
56.
Approval of BCC
Official Minutes dated May 27, 2003.
57. The Board noted, for information only, the
following Clerk’s “received and filed”:
1. Cash Maintenance Bond and Escrow Agreement, as shown on page ________, in the amount of $784.40 for the project known as Monroe Commerce Center, South.
2. Water & Sewer Maintenance Agreement with Letter of Credit, as shown on page _______, in the amount of $2,100 for the project known as Regal Centers, Inc.
3. Water & Sewer Maintenance Agreement with Letter of Credit, as shown on page ________, in the amount of $9,100 for the project known as Ganesh Business Park.
4. Water & Sewer Cash Maintenance Bond with Escrow Agreement, as shown on page ________, in the amount of $760 for the project known as POD’s Warehouse.
5. Maintenance Agreement, as shown on page ________, in the amount of $21,000 for the project known as Winding Cove.
6. Private Road Maintenance Bond, as shown on page _________, in the amount of $57,206.30 for the project known as Lake Forest Section 16.
7. Private Road Maintenance Agreement, as shown on page _________, in the amount of $69,105.35 for the project known as Osprey Lakes Phase 2.
8. Private Road Maintenance Agreement, as shown on page _________, in the amount of $26,055 for the project known as Osprey Lakes (Revision).
9. Private Road Maintenance Agreement, as shown on page _________, in the amount of $18,000 for the project known as Ganesh Business Center.
10. Public Road Maintenance Bond, as shown on page ________, in the amount of $5,558 for the project known as Chuluota Plaza.
11. Maintenance Bond, as shown on page _______, for streets, curbs, storm drains in the amount of $14,037.79 for the project known as Monroe Commerce North Phase I.
12. Right-of-Way Utilization Permit Maintenance Bond, as shown on page _________, in the amount of $1,070 for the project known as Lakeside United Methodist Church Phase I.
13. Performance Bond, as shown on page ________, in the amount of $647,153.63 for the project known as Markham Forest Plat.
14. Standard Utility Supplies Purchase Agreements #IFB-3069-03, as shown on page ________, Sunstate Meter & Supply and National Waterworks, Inc.
15. Work Order #17, as shown on page ________, to PS-574-00.
16. Work Orders #60, #63 and #64, as shown on page ________, to FC-1139-00.
17. Work Order #2, as shown on page ________, to PS-5100-01.
18. M-378-03 Appraisal Services Agreement, as shown on page _________, Diversified Property Specialists.
19. Change Order #1, as shown on page _________, to CC-1181-02.
20. Work Order #6, as shown on page ________, to PS-5130-02.
21. Partial Release of Conservation Easement, as shown on page ________, with St. Johns River Water Management District and Sanford Industrial Park, Inc.
22. Memorandum to Jerry McCollum, County Engineer, from Henry Brown, Assistant County Attorney, relating to Direct Pay Request, Seminole County v. American Bronze Art Foundry, Inc. and Seminole County v. Silver Lake Realty Co., et al.
23. Notice of Application for an extension of Wastewater Service Area from the Sanlando Utilities Corp. to the Florida Public Service Commission.
24. Right of Entry Agreements (10), as shown on page ________, for the reconstruction of the wall at Mayfair Oaks Subdivision for the following: Laura Guy; William & Angela Harris, Jr.; Alexis and Cindy Acosta; Shehbaz & Sayyara Munshi; Doris Jimenez; Tony & Tanya DeMarco; Elizabeth Dees; David & Deborah Kramer; Matthew & Courtney Baker; and Douglas & Lisa Chapman.
25. IFB-3067-03, as shown on page ________, Cationic Polymer Testing & Performance Services Agreement, Ked Group, Inc.
26. First Amendment, as shown on page _________, to Work Order #51 to FC-1139-00.
27. Change Order #1, as shown on page _________, to CC-1186-02.
28. M-377-03 Consultant Services Agreement, as shown on page _________, Peter Butkins, Ph.D.
29. Subrecipient Agreement, as shown on page ________, with Center for Affordable Housing as approved by the Board on September 10, 2002.
30. Letter to Maryanne Morse, Clerk of Courts, from Dovera Community Development District, submitting a copy of the District’s proposed budget for FY 2004.
31. Fourth Amendment, as shown on page _________, to Bid 260-01, The Trane Company.
32. Memoranda to Board of County Commissioners from Kevin Grace, County Manager, re: Capital Project Fund Transfers for SR 434 Overpass @ Wekiva Trail and Trails Relocation/Mitigation Costs.
33. Bills of Sale, as shown on page _________, for the projects known as Regal Centre and Ganesh Business Park.
34. Second Amendment, as shown on page ________, to RFP-4118-01, Advanced Data Processing, Inc.
35. Change Order #1, as shown on page _________, to CC-1205-03.
36. Work Orders #45 and #46, as shown on page _________, to PS-590-01.
37. Letter to Maryanne Morse, Clerk of Circuit Court, from Sarah M. Mijares, City Clerk, City of Longwood, submitting copies of Ordinances #03-1638 through 03-1649 relating to annexations.
38. Letter to Maryanne Morse, Clerk of Circuit Court, from Sarah Mijares, City Clerk, City of Longwood, submitting copy of Ordinance #03-6133 relating to annexation.
39. Development Orders, as shown on page _________, as follows: #03-3200006, John Haines Special Exception; #03-30000033, Nancy Beltran Variance; #03-31000002, William Winch Special Exception; #03-32000037, Yvonne Roux Variance; #03-32000010, Charlotte Greene Special Exception; #03-32000015, Masahiko Ikemoto Special Exception; #03-31000001, Lorenzo Young Special Exception; #03-3000009, Joyce & Donna Santee Variance; #03-32000036, Peter Wales Variance; and #03-32000011, Holy Trinity Greek Orthodox Church of Greater Orlando Special Exception.
40. First Amendment, as shown on page ________, to M-334-02, Pecht Evans Engineering.
41. First Amendment, as shown on page ________, to Work Order #2 to PS-562-00.
42. Work Order #11, as shown on page _________, to PS-561-00.
43. Work Orders #4, #5 & #6, as shown on page _________, to PS-5120-02.
44. Work Orders #44 & #47, as shown on page _________, to PS-590-01.
45. Audit of Fleet Services Agreement under the Administrative Services Department from Maryanne Morse, Clerk of Circuit Court.
46. Seminole County Sheriff’s Office FY 2003/04 Budget Proposal, as shown on page _________.
47. Memorandum to Dixie Haller, Planning & Development, from Sandy McCann, Commission Records, relating to P&D Documents.
48. Bids as follows: PS-5142-03; RFP-4188-03; RFP-4187-03; PS-5145-03; PS-5144-03; PS-5143-03; CC-1210-03; and RFP-4195-03.
SHERIFF’S
OFFICE
58. Approve Budget Change Request transferring
$35,781 in budgeted expenditures from the Sheriff’s BCC insurance account to
the Sheriff’s operating budget.
Districts 1, 3, 4
and 5 voted AYE.
Don Fisher, Planning & Development Director, addressed the Board to state staff is seeking approval to proceed with negotiating a contract to purchase 8.9 acres for the purpose of a trailhead; process an administrative land use amendment and rezoning; and prepare and process a Billboard Agreement for property located at the southwest corner of Interstate 4 and E.E. Williamson Road. He advised the County is looking at the property to satisfy the need for a trailhead. He stated the actual purchase price is $550,000 and not $575,000 as indicated in the backup. He noted that the property owner desires to retain ownership of two of the five single-faced billboards. The owner is proposing to remove all of the billboards and then construct two new boards. One billboard will include a westbound tri-vision face and eastbound static face and the other board will include one westbound tri-vision face. Florida Statutes require that for any new or reconstructed board on a federally-aided highway, the assigned land use must either be commercial or industrial. Staff met with representatives of Florida Dept. of Transportation (FDOT) and they indicated that the property must be rezoned before any permits are issued. Therefore, staff is requesting authorization to process an administrative land use amendment to Planned Development and rezoning application to Planned Unit Development. FDOT concurs with this proposal.
Commissioner Van Der Weide stated he sees this as a worthwhile project.
Jerry McCollum, County Engineer, discussed with Commissioner Henley the dimensions of the proposed strip of land.
At the request of Commissioner Maloy, Mr. McCollum indicated on the map where the trailhead will be located.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize staff to proceed with negotiating a contract to purchase 8.9 acres for the purpose of a trailhead; process an administrative land use amendment and rezoning; and prepare and process a Billboard Agreement for property located at the southwest corner of Interstate 4 and E.E. Williamson Road.
Districts 1, 3, 4 and 5 voted AYE.
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Francisco Torregrosa, Planning, addressed the Board to present request to approve Final Master Plan and Developer’s Commitment Agreement for Unmanned Substation Expansion; property described as 5.34 acres located approximately 200 feet south of SR 46, on the east side of Rinehart Road, Florida Power & Light Company/Bruce Barber. He stated staff recommends approval of the request.
District Commissioner McLain recommended approval with staff recommendations.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve Final Master Plan and Developer’s Commitment Agreement, as shown on page ________, for Unmanned Substation Expansion; property described as 5.34 acres located approximately 200 feet south of SR 46, on the east side of Rinehart Road, Florida Power & Light Company/Bruce Barber.
Districts 1, 3, 4 and 5 voted AYE.
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Suzan Bunn, Tourism Development Director, addressed the Board to present request to either approve an Agreement between Seminole County and the City of Altamonte Springs for sports promotion and advertisement in the amount of $50,000; approve at a lesser amount (i.e. $25,000); or deny the request for the current fiscal year and consider the matter as part of the upcoming budget process for FY 03/04.
Commissioner Henley stated he was the one who originally questioned this. He stated he thought he was looking at $750,000 to $1 million for the convention center, which would deplete the Tourist Development’s budget further. That seems to have changed. The other reason he questioned this was the fact that normally when they loan money it is on project specific and this one did not have any projects. He stated he called the City of Altamonte Springs and they indicated that they sent a list of projects to staff. The city faxed him a list of the projects that will be promoted through this money. He said if he were representing the City of Altamonte Springs, he wouldn’t sign the contract because he feels the County is attempting to be too controlling. He stated he would like the County to consider loosening the language up a little. He added he feels the County should indicate what type of guidelines should be in the language.
Commissioner Van Der Weide stated historically speaking, the City of Altamonte Springs has done a tremendous job and he feels their track record deserves this. He stated he feels those restrictions were placed in the contract because of the concerns of the Board members, but he believes some of those should be re-addressed and loosened.
Chairman McLain stated he had an opportunity to meet with the City of Altamonte Springs Manager and they are doing a very good job. He stated he feels the reimbursement program is reasonable and the Board may want to tweak some of those commitments in the document.
Mr. Grace suggested going ahead with this contract today and staff will work with the City during this fiscal year. If something needs amended, staff will bring it back to the Board.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the Chairman to execute an Agreement, as shown on page ________, between Seminole County and the City of Altamonte Springs for sports promotion and advertisement in the amount of $50,000.
Districts 1, 3, 4 and 5 voted AYE.
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Ms. Rotella presented request for Board direction regarding proposed property exchange of 4.5 acres directly behind Bill Ray Nissan within the Spring Hammock Preserve. She stated the applicant is expanding its dealership and is willing to provide the County with similar property located in the Spring Hammock Preserve.
Chairman McLain stated District Commissioner Morris indicated that he supports moving forward with the request.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize staff to move forward with the proposed property exchange with Bill Ray Nissan; to prepare an agreement including terms of an exchange and direct Bill Ray Nissan to submit a Plan Amendment/Rezone application for consideration.
Districts 1, 3, 4 and 5 voted AYE.
7:00 P.M. PUBLIC HEARING
Chairman McLain advised the applicant is requesting that Item #70, Rezone from A-1 to R-1A, Jim Cooper, be continued to July 22, 2003 at 7:00 p.m. He requested staff to notify everyone of the continuance and the Board will make a motion during the public hearings tonight.
Upon inquiry by Commissioner Maloy, Mr. Grace advised he has not heard anything with regard to the Health Care Special Session other than what he has read in the newspaper.
Chairman McLain stated the Trauma Center has a commitment from Osceola, Orange and Lake counties and the Board will have time to review this during the summer and hopefully they can come up with a reasonable solution.
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The Board recessed the meeting at 11:35 a.m., reconvening at 1:31 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
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The Chairman advised Item #35, Third Amendment to Agreement with Florida Community Capital Corp. was continued from this morning’s meeting.
Colleen Rotella, Community Services Manager, addressed the Board to advise Charles Rowe, Executive Director of the Florida Community Capital Corporation has agreed to the 25% requested by the Board; and that additional language will be included in the agreement.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize the Chairman to execute the 3rd Amendment, as shown on page ________, as amended, to the current SHIP funding Agreement with the Florida Community Capital Corporation (FCC).
Districts 1, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the filing of the proofs of publications for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 3, 4 and 5 voted AYE.
REQUEST TO VACATE &
ABANDON,
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon that portion of the south five feet of the most northerly 20 feet of the drainage easement located on Lot 6, Westlake Estates, located at 136 Overoaks Place, Sanford, Waterford Homes/Matthew Joyce, received and filed.
Planner, Cynthia Sweet, addressed the Board to present the item, advising the request to vacate is to allow construction of a swimming pool and pool enclosure. She further advised the staff recommends approval of the vacate.
No one spoke in support or in opposition.
District Commissioner McLain recommended approval.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #2003-R-116, as shown on page _______, vacating and abandoning that portion of the south five feet of the most northerly 20 feet of the drainage easement located on Lot 6, Westlake Estates, located at 136 Overoaks Place, Sanford, as described in the proof of publication, Waterford Homes/Matthew Joyce.
Under discussion and upon inquiry by Commissioner Henley, Ms. Sweet clarified that the entire strip of property will be included in the vacate.
Districts 1, 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 PUD (Planned Unit Development), for property located at the northeast corner of Mikler Road and Chapman Road, Whitemark Homes, received and filed.
Planner, Jeff Hopper, addressed the Board to present the request, advising the applicant proposes 82 lots on approximately 46 acres with a typical lot size of 50’ x 110’. There will be approximately 25 waterfront lots. He advised staff recommends approval of the request, subject to the conditions in the staff report.
The Chairman recessed the meeting at 1:38 p.m., due to the fire alarm going off in the building; and reconvened the meeting at 1:43 p.m., this same date.
Mr. Hopper continued with the staff recommendations and outlined some of the conditions for approval: (1) Proper transition of lot size; (2) No lots shall have direct access to Mikler Road or Chapman Road except for those not having frontage on internal streets; (3) Double frontage lots shall have a 6-foot brick or masonry wall adjacent to the rear lot line; (4) Lots shall be completely above the design high water line of the water feature.
Mr. Hopper clarified that the P&Z Commission recommendation should be that lots abutting Chapman Road east of the subdivision entrance shall be no less than 70 feet (instead of 75 feet) in width.
District Commissioner Maloy questioned if there will be sidewalk improvements and improvements to the intersection.
Development Review Engineer, Jean Abi-Aoun, addressed the Board to advise the development will be required to meet concurrency and intersection improvements will be determined at final engineering. He also advised that the developer will be required to put sidewalks along the frontage of the property. He added that there should not be any missing links of sidewalks in this area.
After further discussion with District Commissioner Maloy, Mr. Abi-Aoun stated the developer will be required to pay his pro rata share of any intersection improvements.
Steve Millage, representing the developer, addressed the Board to advise that they initially submitted a plan with home sizes of 1,100 minimum square feet; but agreed with the P&Z’s recommendation of 1,600 square feet. He pointed out for Commissioner Maloy where the sidewalks will be installed. He added that they will agree to pay a pro rata share of any intersection improvements.
Upon inquiry by Commissioner Van Der Weide, Planning Manager, Matt West, addressed the Board to advise the Gallimore property will also pay its pro rata share for any intersection improvements. He added that another request for a Wal-Mart will be coming in to the area and, if approved, it will also have to pay its pro rata share.
Mark Kinder, 2461 Mikler Road, addressed the Board to advise he owns the last lot on the east side of Mikler Road and the majority of the homes there are on 2½ acre lots. He said part of the intrigue of moving out there was because of the dead-end street. He stated currently there about 20 houses along the road and after all the development is done, there will be over 300. He expressed his concern with the safety for the children and the people that have lived in the area for 60 years. He questioned if there is any offer to extend the County water and sewer lines to the existing residents.
Mr. Millage advised they will tie into the water and sewer on Chapman Road, but there is no provision to extend the water main south to Mikler Road.
Lee Nelson, 2375 W. Chapman Road, addressed the Board to state his concern has been with the sidewalks, but he understands that has been worked out. He complained that it currently takes about 15 minutes to get out of Mikler Road onto Red Bug Lake Road; and said it will only get worse with the proposed new development. Whereupon, Chairman McLain stated the developer has agreed to pay his pro rata share for improvements at the intersection.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Upon inquiry by District Commissioner Maloy, Mr. Abi-Anon advised staff proposes to widen Mikler Road and post a low speed limit around the bend.
District Commissioner Maloy stated that based upon what he has heard, the developer appears to be following the rules and codes; therefore, he would recommend approval.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2003-26, as shown on page _______, approving request for rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) on 45.95 acres at the northeast corner of Mikler Road and Chapman Road, as described in the proof of publication, based on staff findings and the approval of Development Order, as amended, as shown on page _______, changing 75 feet to 70 feet in Item #a, increasing the minimum house size to 1,600, and requiring the developer to pay his pro rata share for intersection improvements on Mikler Road, Whitemark Homes/Bill Rigsby.
Districts 1, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a major amendment to PCD Final Master Plan and Developer’s Commitment Agreement for The Red Bug Village PCD to permit liquor sales as an accessory use within restaurants; property located at the northeast corner of Red Bug Lake Road and Dodd Road, Bradley D. Smith, received and filed.
Planner, Jeff Hopper, presented the request, advising the applicant is requesting an amendment to permit liquor sales as an accessory use within restaurants. The change would increase the potential for attracting restaurant tenants to the shopping center. He further advised that staff recommends approval of the amendment, subject to the following conditions: (1) Liquor sales shall be permitted only as an incidental use within restaurants; (2) Pool halls and pool tables would be prohibited; (3) No liquor would be sold for consumption off-premises except beer and wine as incidental sales; (4) Restaurant hours of operation would conform to existing PCD restrictions of 7 a.m. - 11 p.m., with restaurants remaining open until 1 a.m. on Fridays and Saturdays.
Brad Smith, developer, addressed the Board to advise he will answer any questions the Board may have.
District Commissioner Maloy advised of an e-mail (copy received & filed) he received from John Tracy urging the Board to restrict any off-premise sale of alcoholic beverages.
Upon inquiry by Commissioner Henley, Mr. West advised when this project first came in, the sale of liquor was excluded.
Commissioner Maloy stated that the residents do not want to see a package store or a pool hall and those uses have been prohibited.
No one else spoke in support or in opposition.
District Commissioner Maloy stated the developer did meet with the homeowners and everyone seems comfortable with this request.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve the request for a major amendment to the PCD Final Master Plan and Developer’s Commitment Agreement Addendum #3, as shown on page _______, for The Red Bug Village PCD, to permit liquor sales as an accessory use within restaurants, for property located at the northeast corner of Red Bug Lake Road and Dodd Road, as described in the proof of publication, based on staff findings and recommendations.
Under discussion, Commissioner Van Der Weide stated he is willing to go along with the District Commissioner, but he does have a concern when these items come back after they have already been approved.
Districts 1, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
Mr. Hopper presented request for a minor amendment to the PCD Master Plan for The Red Bug Village PCD, located at the northeast corner of Red Bug Lake Road and Dodd Road, Bradley D. Smith. He advised that in addition to the major PCD amendment (previous item), the applicant is requesting approval of minor amendments to the Final Master Plan to eliminate a courtyard between commercial buildings and to include the addition of four compact parking spaces. He further advised the staff has no objection to the requested amendments.
Bradley Smith, developer, displayed a drawing of the proposed revision, advising the change will make the buildings more contiguous. He said the center will be designed similar to the shops at Oakmonte. There will be varying degrees of depth and height. He stated they propose to pull the courtyard to the front and allow for benches and landscaping. He further stated the property owner to the rear was concerned with pedestrians in the back of the property and this will alleviate that concern.
Upon inquiry by District Commissioner Maloy, Mr. Hopper advised the parking meets the code requirements.
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the minor amendment to The Red Bug Village PCD Final Master Plan; property located at the northeast corner of Red Bug Road and Dodd Road, with staff findings and recommendations.
Districts 1, 3, 4, and 5 voted AYE.
Chairman McLain advised of request from Ray Valdes, Tax Collector, for authorization to attend the National Association of Counties (NACo) Conference as Seminole County’s delegate. Copy of memo from Mr. Valdes was received and filed.
Motion by Commissioner Henley, seconded by Commissioner Maloy to designate Tax Collector, Ray Valdes, as Seminole County’s voting delegate at the National Association of Counties (NACo) Conference in Milwaukee from July 13 - 15, 2003.
Districts 1, 3, 4 and 5 voted AYE.
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Chairman McLain announced that Commissioner Randy Morris was voted Vice President of the National Association of Regional Councils.
Commissioner Henley stated the Seminole County Port Authority has requested a joint meeting be scheduled with the BCC to discuss some of the their future plans and the possibility of entering into an agreement with regard to their annual contribution to the County.
Chairman McLain requested Mr. Grace schedule a work session with the Port Authority with regard to same.
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Commissioner Maloy notified the Board that in the Orange County’s Mobility 20/20 Plan, there is an alternative Eastern Bypass under Section 4.0 Movement of Freight. Under that proposal, freight traffic would leave the Sanford yard and following SR 46 along the old track alignments, cross Lake Jessup and turn south and follow along east of the Econlockhatchee River. He said Orange County has never contacted the Board to get their input on this proposal and he believes the Board needs to have some explanation from them. He stated that he does not see any reason why the Board would allow Orange County to do this going through Seminole’s rural area. He added that he would be deeply opposed to this. Copy of an excerpt from Orange County’s Mobility 20/20 Plan was received and filed.
Chairman McLain stated he does not know if that is a feasible plan. He suggested the County Manager contact Orange County staff to advise them that this is another example of plans that they have not asked for Seminole’s input.
Mr. Grace stated he will follow up with the Orange County Administrator and report back to the Board at the next BCC meeting.
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Commissioner Maloy requested the Seminole Soil & Water Conservation District be allowed to make a presentation at the Board’s Budget Work Sessions.
The Board voiced no objections to same.
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Commissioner Henley advised the Board that the State has recalculated Seminole County’s funding for the Preschool Coalition Program and the County is no longer being cut by 30%.
No reports.
The following Communications and/or Reports
were “received and filed”:
1. Copy of letter dated 6/5/03 (with attachment) to Seminole County Chamber of Commerce members from David Mealor, FL Representative, re: overview of 2003 Regular Legislative Session highlights.
2. Copy of letter dated 6/9/03 to Steve Triece, The Triece Company, from Steve Lee, Deputy County Attorney, re: proposed Airport Blvd. drainage retention property.
3. Copies of letters of identical content dated 6/9/03 to the Mayors and City Managers of each of Seminole County’s seven cities from Chairman McLain re: intergovernmental cooperation on Solid Waste Management issues.
4. Copy of letter dated 6/10/03 to Governor Jeb Bush from Chairman McLain re: support of HB 773 Central Florida Regional Transportation Authority (LYNX Bill).
5. Copy of letter dated 6/4/03 to Governor Jeb Bush from Chairman McLain re: Wekiva Parkway/Wekiva River Basin Task Force and CS/SB 676 Section 59 – exclusive authority of the Seminole County Expressway Authority (SCEA) to locate toll roads within Seminole County.
6. Memorandum dated 6/9/03 to BCC from Sarah Ritzman, Senior Resource Alliance, re: advocacy update & June meeting schedule.
7. Notice of 6/17/03 City of Lake Mary Change of Future Land Use First Public Hearing re: property north of CR 427/west of Silkwood Dr. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
8. Memorandum dated 6/10/03 to BCC from County Manager Grace re: Capital Project Fund transfer $30,000-Markham Woods Rd.
9. Memorandum dated 6/10/03 to BCC from County Manager Grace re: Capital Project Fund transfer $20,000-Lake Emma Rd.
10. Letter dated 6/5/03 to BCC from Robert Nininger re: opposition to development in the Lazy Acres community off Lake Emma Rd.
11. Letter dated 6/12/03 (with attachments) to BCC from Katrina Stamm re: signage choices for designation of POW/MIA Memorial Highway.
12. Copy of memorandum dated 6/13/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
13. Letter received 6/13/03 to BCC from Chuck Miles, Seminole County Community Emergency Response Team (CERT) re: solicitation of volunteers and disaster training opportunities.
14. Letter dated 6/12/03 (with attachment) to Chairman McLain from Bill Suber, Property Appraiser, re: 2003 Homeowner’s Association list.
15. Letter dated 6/13/03 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks, re: addition of Discovery HD Theater to local cable services.
16. Letter dated 6/10/03 (with attachment) to BCC from Cynthia Porter, City of Sanford Deputy City Clerk, re: Sanford Ordinance #3785-Annexation. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
17. Notice of 6/18/03 meeting of Sanford Waterfront Master Plan Steering Committee.
18. Copy of memorandum dated 6/6/03 (with attachment) to Municipal & County Tax Collectors from Susan E. Lewis, FL Dept. of Business & Professional Regulation Bureau of Auditing re: distribution of Alcoholic Beverages License Fees 1/1/03-3/31/03. (cc: BCC, County Manager, Fiscal Services)
19. Parks & Recreation Contracts, as shown on page _______, for Services: Carmen A. Hamilton (Slow-pitch Softball Scorekeeper) and Karen Coll (Slow-pitch Softball Scorekeeper).
20. Letter dated 6/10/03 (with attachment) to Chairman McLain from Charles Gautier, FL Dept. of Community Affairs, re: proposed Comp Plan Amendment for Seminole County #DCA 03-1. (County Manager, Planning & Development Director)
21. Copy of letter dated 6/11/03 to Linda Stewart, Orange County Commissioner, from William Schneeman, Interim LYNX Director, re: bus service on Oak Ridge Rd. in Orlando. (cc: BCC, County Manager, Transportation Planner)
22. Copy of letter dated 6/12/03 (with attachment) to Chad Keller from David Gregory, Solid Waste Manager, re: Solid Waste Management customer survey results.
23. Memorandum dated 6/12/03 to BCC from Suzan Bunn, Tourism Director, re: USA Rugby Assoc. relocation bid.
24. Copy of letter dated 6/12/03 (with attachment) to Deborah Schafer, Southeast Seminole County Voters Assoc., from Hugh Harling, Harling Locklin & Assoc., re: rebuttal to 3/17/03 letter to BCC on flooding of the Econ Wilderness Forest.
25. Copies of minutes of monthly meetings of the Seminole County Historical Commission for 1/16/03, 2/20/03, 3/20/03, 4/17/03 and 5/15/03.
26. Copies of minutes of bi-monthly meetings of the Seminole County Parks & Recreation Advisory Board for 2/13/03, 4/10/03 and 6/11/03.
27. Copy of minutes of the 2/3/03 Library Advisory Board meeting.
28. Copy of the minutes of monthly meetings of the Seminole County Cooperative Extension Service & BCC Agricultural Advisory Committee meetings for 3/7/03, 4/16/03 and 5/5/03.
29. Copy of Seminole County Property Appraiser Annual Report 2002.
30. E-mails (various dates) to BCC re: medical malpractice crisis from: PTS News Service (2) and Marvin Jacoby.
31. E-mails (various dates) to BCC re: opposition to proposed Hawthorn Glen development at McCulloch Rd./Old Lockwood Rd. from: Jeffrey M. Davis; Mark & Marsha Leopold; George T. Morris, Jr.; Rob & Trish Ripley; Susan T. Williams; Lawrence Wink; Donna Ruegg; Michelle Haug; Steve Allred; Vicky Marano; Mike Mullens; James & Katherine Wattwood; Joe Brann; and Diane M. Wink.
32. Memorandum dated 6/12/03 to Chairman McLain from Ray Valdes, Tax Collector, re: voting designation at National Assoc. of Counties (NACo) July 13th-15th, 2003.
33. Minutes of 5/16/03 FL Dept. of Transportation Stakeholders Meeting.
34. Notice of 7/1/03 Seminole Community Mental Health Center Executive Meeting.
35. Copies of letters dated 6/16/03 from Ken Roberts, Public Safety Director, re: donations to Animal Services Division to Sandra Smith and Heidi Smith.
36. E-mail dated 6/17/03 to Chairman McLain from Raymond Gilley, Metro Orlando Economic Development Commission, re: EDC’s May 2003 activity report.
37. Minutes of 5/15/03 Seminole County Public Safety Coordinating Council.
38. Copy of memorandum dated 6/20/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
39. Copy of letter dated 6/16/03 (with attachment) to Tony Mathews, Principal Planner, from Charles Gautier, FL Dept. of Community Affairs, re: Public Schools Interlocal Agreement with Seminole County, Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs and Seminole County Public Schools.
40. Copy of letter dated 6/18/03 to Ronald McLemore, Winter Springs City Manager, from County Manager Grace re: Winter Springs application for 2003/04 CDBG grant for a city civic center.
41. Letter dated 6/20/03 to Chairman McLain from Richard T. Hurt, Akerman Senterfitt, in support of funds for ORMC Level I Trauma Center.
42. Notice of 6/26/03 Seminole County Port Authority (SCOPA) meeting.
43. E-mail dated 6/22/03 to BCC from PTS News Service re: medical malpractice crisis and Governor’s Medical Malpractice Insurance Task Force.
44. E-mails (various dates) to BCC re: opposition to proposed Hawthorn Glen development at McCulloch Rd./Old Lockwood Rd. from: David J. Boiani; Mike & Betty Miller; Gar Leung; Lilyan Lamb & Deborah Wyatt; Mark Guy Warren; Carl M. Cunningham; Bill Weld; John Clark; Thomas Stephan; Suzanne Stephan; Rene Lorenzo; David & Leslie Gate; Douglas C. Engley; Katina Burton; Patrick Rearden; Joel & Martha Hartman; Tim R. Holmes; Gregory Robinson; Jim Moore; and Barbara Bray.
45. E-mails (various dates) to BCC re: opposition to proposed dog kennel on Tuskawilla Rd. from: Lisa & Barry Rossen; James J. Riola; Susan Bryan; Juiteng & Yuchin Lin; Thomas C. Allen; Tom McGlinchy; Craig & Donna Curran; Michael & Mariann Rucker; Jorge L. Martinez; Andrea & Jerry Baugh; and Cliff & Ruth Chillemi.
46. E-mail dated 6/18/03 to BCC from Brad Smith re: Red Bug Village Retail Center variance.
Mr. Grace advised that the grand opening of the new Markham Woods Water Treatment Plant is scheduled for June 26, 2003.
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Mr. Grace asked Mr. West to report to the Board regarding a question arising out of last night’s Board of Adjustment (BOA) meeting dealing with boat docks.
Mr. West stated there was discussion at the BOA’s meeting regarding the way the County Code is written as it pertains to boat docks. With single-family zoning, a boat dock is allowed as an accessory use only. However, an applicant is requesting to put a boat dock on vacant property and he is not prepared to build a house at this time.
Chairman McLain stated he believes that if a person owns property on water, he should be allowed to build a boat dock.
Mr. West asked if the Board would like staff to research and possibly change the code.
Commissioner Henley stated he believes this situation deserves to be reviewed. The Board voiced no objections to same.
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The Board, thereupon, recessed at 2:45 p.m., reconvening at 7:00 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Chairman
McLain advised there is one item (Item #30, Consent Agenda) to be dealt with
prior to the public hearings.
Chairman McLain explained that the motion presented by staff regarding the grant agreement with West Seminole Pony Baseball, Inc. II and Forest City Community Association, Inc. calls for all the work to be done and then one final draw would be made at the end. He said that is probably not financially feasible, and the parties have requested the Board set up a draw schedule.
Upon
inquiry by Chairman McLain, Suzy Goldman, Director, addressed the Board to
state that a draw schedule has not been identified and staff would develop
that.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Maloy, to rescind the
motion made earlier to authorize the Chairman to execute grant agreement with
West Seminole Pony Baseball, Inc. II and Forest City Community Association,
Inc. for the purchase of lights for three baseball fields.
Districts
1, 3, 4, and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to amend the language of the Agreement, as shown on page _______, Section 7(b) to read as follows to allow for partial payments: (b) receipt from West Seminole of invoices from the vendor evidencing completion of project milestones related to the purchase and installation of the required poles and lights as set forth in Exhibit “A”.
Districts
1, 3, 4, and 5 voted AYE.
REZONE FROM A-1 to R-1A
Proof of publication, as shown on page _______, calling for a public hearing to consider request to rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling District), project located on the west side of Hester Avenue, ¼ mile south of CR 427, Jim Cooper, received and filed.
Chairman
McLain advised staff has received a letter (not received and filed) from the
applicant requesting a continuance to July 22, 2003. As District Commissioner, he has no objections to a continuance.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to continue to July 22, 2003, 7:00 p.m., or as soon thereafter as possible, the request to rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling District), project located on the west side of Hester Avenue, ¼ mile south of CR 427; as described in the proof of publication, Jim Cooper.
No
one spoke in support or in opposition to the continuance.
Districts
1, 3, 4, and 5 voted AYE.
APPEAL AGAINST BOA
Continuation of a public hearing to consider Appeal against the Board of Adjustment’s decision in denying a Special Exception for a kennel located on the east side of Tuskawilla Road, approximately 180’ north of Tuskawilla Road and Dike Road Intersection; as described in the proof of publication, David Lloyd.
Kathy
Fall, Senior Planner, addressed the Board to state the Board of Adjustment
denied this request on the basis that the use was too intense and was located
next to a school. Staff is recommending
the Board of County Commissioners overturn the Board of Adjustment’s decision
to deny the special exception based on the following conditions: (1) The number of kennels shall not exceed
60; (2) The kennel shall be indoor kennels with no outside kennels on the site;
(3) The building shall be constructed with soundproofing materials; (4) Outdoor
activity will be supervised and will be limited to the fenced areas as depicted
on the site plan; (5) Operating hours shall be from 8:00 a.m. to 6:00 p.m.,
Monday through Sunday; (6) A six-foot wall consisting of masonry like material
shall be constructed on the east property line; (7) An on-site waste disposal
plan shall be provided at site plan review; and (8) The final site plan shall
meet all applicable requirements of the Seminole County Land Development Code.
Upon
request by Commissioner Maloy, Ms. Fall reviewed the standards for granting
special exceptions.
Jim
Weinberg, representing David Lloyd, applicant, addressed the Board to state Mr.
Lloyd accepts the comments by the staff and he is willing to comply with all
the staff recommendations. The site
plan meets all the County requirements and they have met all the conditions
requested by staff. He said this would
be a state-of-the art facility and it would also be available for cats.
Mr.
Weinberg submitted copies (received and filed) of information from Mike
Wittmer, Animal Control, and from Orange County of selected kennels citing that
the problems of noise or loose dogs have not been issues as shown in reports
from Orange and Seminole Counties. Mr.
Weinberg showed a drawing (received and filed) of the facility and said it
would be very compatible with the surrounding area. He responded to the three major objections of sound, smell, and
danger. He reminded everyone that this
is a business that is designed to operate to accommodate the people who live in
the two to three-mile area. He said
these are neighborhood pets to be left for the weekend and are not vicious
dogs, but the kennel is for the friendly pets that live in the area.
Mr.
Weinberg further submitted another report (received and filed) from the Orange
County Environmental Protection Office that showed of five facilities checked,
noise has not been a big issue. He
showed a map (not received and filed) of a large facility in Longwood that is
indoor and outdoor and holds over 100 dogs.
He said he has a letter (not received and filed) from the manager saying
he has had no complaints from the neighbors.
Upon
inquiry by Commissioner Henley, Mr. Lloyd addressed the Board to answer
questions on the structure, exhaust, ventilation and sanitation. He said he expects to have 60 to 65 dogs. He said he would primarily serve short-term
for pet owners on vacations and on holidays.
Chairman
McLain called upon Corinna Cruz, who passed on speaking to allow Mr. Begley to
speak at this time.
Patrick
Begley, 4528 Old Carriage Trail, representing the Stonehurst Association,
addressed the Board to state they started a Petition, as shown on page _______,
of the Stonehurst residents and surrounding neighborhoods of Cardinal Creek,
Tiffany Woods, Willa Creek, Kawilla Crest and the school, and have over 160
households who have signed the petition.
Mr. Begley said there are plenty of options for boarding kennels in this
area. He gave a PowerPoint (received
and filed) overview of the neighborhood.
He said the area is mostly residential and an animal hospital is the
only business there and it has been there since 1989. He also said the trend is away from agricultural uses. He reviewed the intensity stating this would
be a 24/7 operation. He said the issues
are with the noise outside. He stated
the wall proposed in the back is directly next to the school. There are children directly behind that wall
and there would be dogs out all day. He
said this is a very small lot for this application. He pointed out that there is a boarding kennel at Aloma and 417
and it is a much better location for a kennel.
He stated this is a first-time kennel operator and that does not give
them the level of confidence of how this operation plans to be run.
Keith
Bryan, 4553 Old Carriage Trail, addressed the Board to state he agrees with Mr.
Begley. He said when he asked surrounding
residents about the kennel, the overall reaction he received was that they did
not like the idea. They prefer not to
have this directly across the street adjacent to their community. His support is for having a kennel nearby,
but not in close proximity. They
believe this is too intense for the property land use.
Matt
Schmitz, 4288 Steed Terrace, addressed the Board to state he agrees with both
gentlemen before him. He explained he
was planning to build a good-sized house comparable to those in Stonehurst, if
not greater. He said putting a kennel
close to the corner, and with him investing all the money he did, he does not
see that enhancing his property in any way.
He discussed that there is a problem with drainage and run-off through
the property and school. He said he
sold a piece of property to Stonehurst to divert the water.
Marty
Phillips, 195 Langford Drive, representing a good amount of teachers at the
Montessori School, addressed the Board to state since they are a private
school, the students are paying a significant sum for a high quality
education. One of the challenges is to
maintain the student’s attention span.
With the kennel that close to the building, if the dogs are out four at
a time, they can’t guarantee the dogs will not be barking, and the classes are
30-60 feet away. He doesn’t think it is
fair to the students to have to compete with the dogs barking. He said the building is not very compatible
if the siding is made out of metal.
Debbie
Akin, 1537 Hunters Mill Place, addressed the Board to state she thinks everyone
would agree that the sounds of the humming of a car going down the road would
be quite different from the sounds of barking dogs. She said this a very high residential area and this would be
adding the sounds of these barking dogs.
She doesn’t think that is conducive.
She agrees that the metal ends on the building are not compatible with
this area.
Nadene
Jackson, 1164 Cardinal Creek Place, addressed the Board to state her
brother-in-law, who is a veterinarian, said there is no way to sound proof the
building so that those sounds do not come out.
She said she lives directly down the street from the veterinary clinic
and when in the yard at 7 a.m., she can hear the dogs barking. She expressed concern with the waste leaking
into the ground aquifer.
Tom
Phillips, 319 Maple Court, representing Tuskawilla Learning Center, addressed
the Board to state he feels the kennel is not compatible. He gave a report on dog bites and said 80%
of them are dog bites to children. He
said locating a kennel next to a school is a potential for this type thing to
happen. He hopes in the future staff
would address a variance before coming before the Board of County
Commissioners. He thinks that could
eliminate some meetings. He understands
the Code says you can’t make special conditions when variances are required
ahead of time. He said the parking lot
road is 22 feet wide and the Code calls for 24 feet. The north turning radius on Tuskawilla is too short. He said a turning radius is supposed to be
25 feet, but the one coming from the north starts at 25 feet and stops ten feet
short of completing the radius. The lot
is 12 feet short of the total amount required.
He also said there would be a lot more trips to the kennel than
indicated, because cats will be there too and there might be other pets.
Upon
inquiry by Commissioner Maloy, Ms. Fall said the waste disposal system would be
addressed at site plan review.
Zelda
Ladan, 4653 Tiffany Woods Circle, addressed the Board to state there is a
property in the area (she identified the property on a map) that has had some
pets in the past. Over the period of a
few years, with two to four pets, she could hear the pets day in and day out,
in the middle of the night and at any time.
She said she is very concerned that no matter what is done if there are
60 pets, the rotation cannot in any way be less than 4 or 5 at a time. That means those who live on that side of
the subdivision will be consistently exposed to loud barking. She does not think the kennel is appropriate
for that location. She is also
concerned about the style of the building, and believes the construction looks
like a barn and does not belong on Tuskawilla Road. She thinks that would bring down the quality of what they hope
would be in the area as it progresses and develops.
Ricky
Akin, Cliff and Ruth Chillemi, and Michelle Hartog passed on their opportunity
to speak as their comments had already been stated.
Donna Schmitz, 4288 Steed Terrace,
addressed the Board to state it is not just the Montessori school in the area,
but there is Lake Howell High School and Tuskawilla Middle School. She said she has four children and when they
hear barking dogs they are curious and will want to look over the wall to see
them. She asked, “Who is to say these
dogs will not jump up and bite them, and who is to say the children will not
climb over the wall?” She said no one
knows, and no one can guarantee their safety.
Chairman McLain read the names of
those who submitted Written Comment Forms in opposition as follows: Blair Walters; Douglas Welson; Keith Bryan;
Anita Van Allen; Debbie Akin; Tracie Hutson; and Cliff and Ruth Chillemi. An additional Written Comment Form in
opposition was received and filed by Stephen F. Georgian.
Mr. Weinberg made comments in
response to the concerns and comments of the residents. He submitted photographs (received and
filed), taken as of April 29, 2003, of a pit bull on the property to the north
that faces a school and said there have been no complaints of that animal. Also, he referred to photographs (received
and filed) of the Seminole County Humane Society with six-foot chain fences,
which is the County standard. He noted
that the applicant’s property would exceed that fence height.
Chairman McLain asked why would the
dogs be taken outside for their runs.
Mr. Lloyd stated a lot of dogs wouldn’t relieve themselves indoors
because they are trained to go outside.
Mr. Lloyd advised Commissioner Maloy
there are other offices in the area near Tuskawilla and Red Bug Road. Several of those have metal roofs. He said his building would have metal
siding.
Ms. Fall further advised
Commissioner Maloy that there are Code requirements for the amount of
parking. She said she spoke to staff about
the turning radius for the driveway and staff said 22 feet was acceptable.
No one else spoke in support or in
opposition.
Speaker Request and Written Comment
Forms were received and filed.
Commissioner Henley said what makes
it difficult for him is when the Board is required to make a decision based on
substantial evidence and the applicant appears to have complied since he has
documents done by professional people and the County staff stating they have
not had complaints for these type businesses.
It concerns him that the residents in opposition have not provided the
Board with substantial evidence but only their opinions so it makes it a little
difficult to make a decision.
Chairman McLain said he agrees. He has some concern that he is not convinced
of the need for outside runs. He said
any kennel he has used has always had the dogs remain inside. He would feel more comfortable if there were
no outside activities. He also has a
concern about the architecture being compatible with the neighborhood.
Commissioner Maloy stated this is a
difficult situation because he is hearing a lot of opinions being given. His reaction was that this would have an
impact to the area. He received emails
mainly concerned with biting dogs and noise.
When he checked with Animal Control to find out how many complaints were
generated from the kennels in the County over the last four years, there have
been only nine complaints. Half of
those were people complaining of dogs getting ticks while at the kennel. There was only one complaint about a dog
bite which was to someone who worked at a kennel.
Commissioner Van Der Weide suggested
there might be other alternatives such as restricting the time of day the
applicant brings the dogs out.
Chairman McLain recessed the meeting
at 8:12 p.m. to allow the applicant to discuss alternatives with the District
Commissioner and for the staff to find out the operating hours of the
school. He reconvened the meeting at
8:20 p.m.
Mr. Weinberg stated after reviewing
the site plan, Mr. Lloyd is willing to remove the walks to the east across the
back of the building. He would like to
keep the walk area to the north and limit the walks to one hour early in the
morning. They also discussed putting in
a concrete footer in the area anywhere the dogs would be. They would like the dog walks to be at an
agreed upon time one hour in the early morning and one hour in the late
afternoon or early evening.
Upon inquiry by Chairman McLain, Mr.
Lloyd said only two dogs at a time with two companions would be outside.
Commissioner Van Der Weide said he
thought this was a great compromise and he appreciates the work the District
Commissioner did on this.
Commissioner Henley responded to
Commissioner Maloy that in his experience with the dog track near the high
school, he never had any complaints.
Commissioner Maloy said based on
what he is hearing and looking at the evidence, there have not been a lot of
complaints generated from the existing kennels.
Motion by Commissioner Maloy, seconded by
Commissioner Van Der Weide, to overturn the Board of Adjustment’s decision,
thereby granting a Special Exception for a kennel located on the east side of
Tuskawilla Road, approximately 180’ north of Tuskawilla Road and Dike Road
intersection, with staff conditions and changes to the staff conditions that
the building would resemble the architectural style in the area; there will be
no commercial use such as breeding dogs, but the use only for a neighborhood
business; the run/walk area on the east side will be removed and the runs/walks
limited to one hour in the mornings and evenings or late afternoons determined
at the final site plan and coordinated with the school activities; that the
animals be supervised at all times and the walk/run are to be surrounded with a
solid fence or wall secured at the bottom with concrete footers and this is to
apply to any area where the dogs would be out; as described in the proof of
publication, David Lloyd, and approval of Development Order, as shown on page
_______.
Under discussion, Commissioner Maloy
clarified to include in the motion, as the applicant stated, that there would
be no more than two dogs at a time in the walk/run area with supervision.
Districts 1, 3, 4, and 5 voted AYE.
REZONE FROM R-3 TO R-2
WILSON AND COMPANY, INC.
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from R-3 (Multiple-Family Dwelling) to R-2 (One and Two-Family Dwelling) for a one-acre parcel located on the northwest corner of West Fifth Street and County Road 419 in Chuluota, Wilson and Company, Inc., received and filed.
Cathleen
Consoli, Senior Planner, addressed the Board to state staff is recommending
approval of the rezoning request. She
corrected the staff report that according to Section 4 of the ordinance for the
zoning overlay, schools, nurseries, and kindergartens are not included in the
definition of nonresidential development and do not need to adhere to the
overlay standards. She said the
applicant has volunteered to substantially adhere to the overlay
standards.
Parks
Wilson, Wilson and Company, representing the owner, addressed the Board to
state the day care facility is going to be a very compatible building with the
Chuluota Area Small Overlay Study, even though it is not required to do
so. He said the owner has 12 years
experience in operating this type of facility.
No
one spoke in support or in opposition.
Speaker
Request Form for Mr. Wilson was received and filed.
District
Commissioner Maloy stated he received letters from the Southeast Seminole
County Voters Association in support of the down zoning from R-3 to R-2 and
spoke very highly of the applicant.
Motion
by Commissioner Maloy, seconded by Commissioner Henley, to enact Ordinance
#2003-27, as shown on page _______, rezoning from R-3 (Multiple-Family
Dwelling) to R-2 (One and Two-Family Dwelling) for a one acre parcel located on
the northwest corner of West Fifth Street and County Road 419 in Chuluota,
based on staff findings; as described in the proof of publication, Wilson and
Company.
Districts
1, 3, 4, and 5 voted AYE.
REZONE FROM UC TO PUD
TOM DALY
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from UC (University Community) to PUD (Planned Unit Development) located at the northwest corner of McCulloch Road and Old Lockwood Road, Hawthorn Glen, Tom Daly, received and filed.
Ms. Fall stated the Planning and Zoning Commission recommended approval, subject to the staff conditions and additional conditions as follows: (1) Lease restrictions, as submitted by the applicant, as conditions to the development order; and (2) Increase the landscape buffer on the east property line from 40 feet to 50 feet and the rear yard setback from 15 feet to 20 feet for the townhomes abutting Old Lockwood Road. She said staff has included these commitments in the development order. Staff is recommending approval of the ordinance rezoning to PUD based upon the following conditions of the development order: (1) The owner shall provide a 30’ wide landscaped buffer consisting of the existing native plants and trees and to supplement with additional natïve plants and trees in creating 100% opacity to a height of six feet (6’) located on the west property line; (2) The building setback shall be 175 feet from the west property line; (3) The applicant, at Final Master Plan, shall provide the County a plan to preserve existing trees and plants when grading for the retention pond along the west property line; (4) The applicant shall provide a letter from Florida Power & Light approving the location of improvements including parking and buildings in the easement in the Final Master Plan; (5) The buildings shall be set back a minimum of 50 feet from the right-of-way line along McCulloch Road and Old Lockwood Road; (6) The owner shall provide a 40’ wide landscaped buffer, outside of the rear yard setbacks of the townhomes, consisting of the existing native plant and trees and to supplement with additional native plants and trees in creating 100% opacity to a height of six feet (6’) located on the east property line; (7) The commercial tract shall provide active setbacks and buffers along the north and the west property lines that are adjacent to the residential use. Such setbacks and buffers shall entail an active buffer of 25 feet in width with a six-foot masonry wall, a double row of canopy trees and a 50-foot wide building setback; (8) Cross access easement between the commercial tract and the townhome development must be provided prior to the first Certificate of Occupancy being issued; (9) Permitted uses on the commercial tract are those permitted uses within the CS (Commercial Convenience) District. Self-service gasoline pumps are permitted as an accessory use. Uses may also include restaurants and banks with drive-ins; (10) Lighting on the commercial track’s gas pump canopy structures shall be recessed. A lighting plan must be submitted as part of Final PUD Master Plan; (11) The commercial tract’s architectural design and scale shall reflect neighborhood commercial standards to ensure compatibility with the surrounding residential uses. These standards will be addressed in the Final PUD Master Plan; (12) Operating hours for any business shall be limited to the hours between 7:00 am and 11:00 pm; and (13) Developer shall record a deed restriction on all residential lots prohibiting the lease of any residential unit for a period of less than six months; prohibiting more than one lease per residential unit per year; prohibiting lease of any residential unit to more than one party and prohibiting lease of individual rooms within the same residential unit.
Upon
inquiry by Commissioner Maloy, Ms. Fall stated the applicant has said there
will be no buildings in the easement.
Upon
further inquiry, Don Fisher, Planning and Development Director, advised
Commissioner Maloy that the Code lists townhomes as multi-family, and the
density is under 10 dwelling units per acre.
Ken
Wright, Shutts & Bowen, representing Mr. & Mrs. Polacek, property owners,
stated he is supporting the application.
He introduced Tom Daly, Daly Design Group, and Charlie Madden,
Professional Engineer with Madden Engineering.
He said the applicant concurs and supports the recommendation of the
staff. The applicant also supports the
recommendation from the P & Z Commission.
Attorney Wright gave the history of the property. He explained that this is a completely
different project from what was brought to the Board a couple of years
ago. He said this a HIP land use
designation and it allows for residential and non-residential uses. He advised the 1.2-acre commercial site is
proposed for uses as neighborhood convenience, commercial uses. He said during the master planning process,
compatibility will be achieved. He
discussed that there have been extensive discussions about when commercial uses
in HIP are appropriate and compatible and said this project meets the
criteria. He also said this development
meets the HIP goals.
Tom
Daly, 913 N. Pennsylvania Ave., addressed the Board to review the current land
uses and development trends in the area.
He showed an exhibit (copy in staff report) of the area and pointed out
the different uses on the property. He
said the biggest impacts to this area are the two universities. He advised they have offered to meet with
any of the associations individually, but were not asked to do that. He showed an exhibit (copy in the staff
report) and described the conceptual site plan. He advised they have submitted an addendum (copy in the staff
report) to the contract that identifies the restrictions placed upon the
property owner. He discussed that there
will be no vehicular access between the two developments.
Mr.
Daly showed a map of the types of uses that have been approved previously in
HIP transitional area. He also reviewed
the land use comparison analysis for this project and the one previously
submitted a year ago. He said it
appears that a majority of the folks believe this is some kind of “smoking
mirror”; that they are trying to get a student housing project approved and
veiling it as a townhome project. He
said that is not the case. He stated
these are fee simple, single-family homes.
He said the project meets all the concurrency requirements.
John Polasek, 2731 Newark Way, representing
the Polasek family, addressed the Board to state when the property was
purchased in 1982, there were a lot of uses permitted and University Community
zoning existed all along the corridor of McCulloch Road. Since the student housing was not a
successful project, they decided the townhomes might be a better project while
still taking advantage of the future land use and the higher, existing
zoning. They chose Centex Homes because
they are a national company, because of the quality of the product they propose
to build, and because they would keep the property at a medium density
designation.
Chairman
McLain recessed the meeting at 9:13 p.m. and reconvened at 9:21 p.m.
Attorney
Lonnie Groot, representing University Estates and Carillon Homeowners
Associations, addressed the Board to state the density, intensity, and
compatibility issues that arise from this particular application are the very
same ones that arose from the Emmer/Portofino application. He referred to the exhibit Mr. Daly presented
and said the proposed density for the Emmer/Portofino rezoning was 9.26 per
acre and the proposed density for this development is 9.11 per acre. He suggested that the same thing that
occurred to the Emmer/Portofino application should occur to this application. He said the Comprehensive Plan consistency
issues are the same, and the reasons for the BCC denial are the same. He read from the BCC Denial Development
Order, his Exhibit #91. He further read
a part of the order by Judge Stephenson on July 1, 2002. Attorney Groot said this is
leapfrogging. He said once you leave
the Lockwood and O’Ryan intersections and head east, it is all single family
residential. He said there is a clear
distinction of what is west of the line of Lockwood and east of the line. He submitted 95 Exhibits (received and
filed) to the Board to show that this application is inconsistent with the
Comprehensive Plan and that the evidence supports that. The Exhibits are as follows:
1. October
3, 2001 Minutes of Local Planning Agency/Planning and Zoning Commission Meeting
2. Order
on Petition for Ceritorari entered by Judge Stephenson dated July 1, 2003
3. May
23, 2003 letter from Commissioner Ted B. Williams to Board of County
Commissioners
4. Florida
Hiker Magazine
5. Econ
River Wilderness Area Brochure, Seminole County Natural Lands Program
6. Map
of Seminole County’s Natural Lands Properties
7. Seminole
County Natural Lands Program
8. Seminole
County Resolution No. 90-R-241
9. December
14, 2001 letter from Lonnie Groot to Kathy Fall
10. November 27, 2001 letter from Lonnie Groot
to Kathy Fall
11. November 15, 2001 letter from Lonnie Groot
to Kathy Fall
12. November 6, 2001 letter from Lonnie Groot
to Orange County Commissioner Ted Edwards with Petitions
13. November 12, 2001 letter from Commissioner
Ted Williams to BCC
14. April 5, 1995 letter from John Dwyer to
David Heath regarding Rybolt development
15. 8½ x 14 Greenways and Trails Master Plan
16. January 2, 2002 letter from Lonnie Groot to
Kathy Fall with petitions
17. October 3, 2001 Planning and Zoning
Commission Public Comment Forms
18. 8½ x 11 February 1999 Color Aerials
19. 8½ x 11 color Future Land Use and Zoning map
20. April 11, 2000 BCC agenda item regarding
Sam Carr rezoning application (L-2 to PUD), Commitment list, aerial map, Table
2-1, correspondence, court decision and Seminole County Response
21. Econlochhatchee River Task Force
Recommendations
22. March 16, 1990 Orange County comments to
Seminole County proposals
23. Hi-Oaks West PUD Development Order and related
matters
24. Hi-Oaks West DRC comments
25. Hi-Oaks West Natural Lands Purchase BCC agenda
item
26. Appraisal of Hi-Oaks West Parcel
27. March 14, 2000 Agenda Memorandum regarding
Option Contract for Sale and Purchase
28. October 3, 2001 Agenda Memorandum regarding
Portofino/Phillip Emmer Rezone
29. DRC Comments/Portofino
30. May 5, 1999 memorandum from John Dwyer to R.
Harris
31. Draft Development Order with staff notes
32. Notice of Public Hearing
33. November 11, 2001 Seminole Herald
article
34. Placard copy
35. October 2, 2001 e-mail from Matt West to
Kathy Fall
36. Facsimile Transmittal dated October 1, 2001
from Kathy Fall to John Percy
37. County staff notes relating to parking
38. E-mail of October 5, 2001 from Commissioner
Maloy to Mr. and Mrs. Haug
39. E-mail of October 2, 2001 e-mail from John
Dwyer to Kathy Fall
40. October 18, 2001 e-mail from Mr. Emmer to
Don Fisher
41. October 18, 2001 e-mail from John Percy to
Don Fisher
42. October 2, 2001 e-mail from John Dwyer to
Kathy Fall
43. Article regarding “urban sprawl”
44. Article relating to Pinecrest Lakes,
Inc. v. Shidel and appellate decision
45. Affidavit of Lonnie Groot
46. Land Use/Zoning Compatibility Evaluation
47. Affidavit and opinion
48. The Voice newspaper article, pg. 4
entitled “Student Housing Continues to Plague Area Residents”
49. E-mail from Tom Feeney to Mr. Kosarzycki
50. February 12, 2002 transcript of BCC public
meeting
51. February 26, 2002 transcript of BCC meeting
52. Seminole County Natural Lands Program -
Wilderness Area Brochure
53. Seminole County Parks and Recreation Guide
54. Videotape of Seminole County Planning and
Zoning meeting on June 4, 2003
55. Future Land Use Designations and Allowable
Zoning Classifications
56. The Villas at Waterford Lakes pamphlet/assembly
57. Original Petitions to Reject a Change in
the Zoning Classification/Hawthorn Glen
58. Affidavit of Don Wheeler
59. June 23, 2003 letter from Lonnie N. Groot to
Ms. Sandy McCann with various administration pleadings
60. Minutes of the April 23, 2003 DRC Meeting
61. March 7, 2003 letter from Curtis Whipple
(Morgan Environmental Consulting, Inc.) to Mike Oliver
62. Hawthorn Glen - Planned Development -
Preliminary Master Plan
63. Hawthorn Glen Land Use Analysis with
annotations
64. Property Appraiser sheets relatig to the
Polasek land
65. FPC Easements
66. E-mail from Kathy Fall to Roman Korsarzycki
67. E-mail from Mark and Marsha Leopold to
Commissioner Maloy
68. E-mail from Rob and Trish Ripley to
Commissioner Maloy
69. E-mail from Diane Wink to Commissioner Maloy
70. E-mail from Joe Brann to Commissioner Maloy
71. E-mail from David and Donna Reugg to
Commissioner Maloy
72. E-mail from Susan Williams to Commissioner
Maloy
73. E-mail from Larry Wink to Commissioner Maloy
74. E-mail from Kathy Fall to T. Daly
75. May 23, 2003 letter from Ted B. Edwards to
Board of County Commissioners
76. E-mail from Tom Narut to Commissioner Maloy
77. E-mail from Dorothea Guss to Commissioner
Maloy
78. E-mail from Judy Bartlett to Commissioner
Maloy
79. E-mail from Dan Welker to Commissioner Maloy
80. E-mail from Richard J. Mueller to Commissioner
Maloy
81. E-mail from Kathleen Stansfield to
Commissioner Maloy
82. E-mail from Donna Ruegg to Commissioner Maloy
83. E-mail from Linda and Michael Schmid to
Commissioner Maloy
84. E-mail from Tom Freeland to Commissioner Maloy
85. E-mail from Richard Whitman to Commissioner
Maloy
86. E-mail from William and Sharon Cekala to
Commissioner Maloy
87. Future Land Use Maps
88. Affidavit of Lonnie N. Groot
89. Resume of Lonnie N. Groot
90. Analysis of Hawthorn Glen Apartment
Development Proposal
91. Seminole County Administrative Order and
Denying Development Order
92. Map of Hawthorn Glen
93. May 7, 2003 letter from Thomas Daly to Mr.
& Mrs. Mike Kolb
94. June 11, 2003 letter from Ruby D. Rosier to
Commissioner Maloy
95. Larger map of Hawthorn Glen with site data
information
Attorney Groot pointed out that in
October, 2001, the P&Z recommended that this entire area be studied and
there is a motion on the floor to change the HIP land use designation. He said this area’s land use is clearly not
HIP. He knows that a study has not been
done. He referred to the map and said
the property is shown as HIP/Target Industry.
He read the definition of HIP/Target Industry and said it is clearly not
that. He further read the definition of
HIP core transition area and said this area does not fit that description
either. He said the distinction between
this application and the Emmer/Portofino application is the .15 dwelling unit
per acre. Attorney Groot stated there
is not a UC (University Community) zoning classification. He read from a memorandum from John Dwyer to
Mr. Harris (then Chairman of the P&Z) dated May 5, 1999, stating the UC
zoning is a very old one that is no longer utilized in Seminole County. He read from a County document that if there
is an inconsistency between the Comprehensive Plan and the Land Development
Code, the Comprehensive Plan wins. He
showed a picture of the Comp Plan Land Use designations and said in HIP, there is
no UC zoning; it does not exist in the Comp Plan. He stated there is only one zoning classification assigned to
this property in the Land Development Code and that is wetlands. If a motion is made tonight to approve this
application, it would be a rezone of the property from wetlands to PUD and that
is not right. Attorney Groot said this
application contravenes the Vision 2020 plan and the whole concept of sound
growth management and comprehensive planning in the County. He said he has prepared a lengthy report
(not received and filed) demonstrating why this particular proposal is
inconsistent with the Seminole County Comprehensive Plan.
Copy of the letter dated June 23,
2003, from Attorney Groot was received and filed into the record regarding the
Hawthorn Glen Proposed Rezoning.
Roman
Kosarzycki, 3804 Becon Tree Place, Vice President of Carillon Homeowners
Association, addressed the Board to state this development by Centex is very
similar to the Emmer petition. In their
view, nothing has changed except more single-family homes have been built in
the area and are continuing to be built.
He stated he is also representing Carillon University Estates and
Woodland Estates. They have joined
forces to oppose the Centex development and the commercial on this
property. He said one of their major
concerns is the increased traffic that would result along McCulloch. They disagree with the staff report that the
existing two-lane road is sufficient to handle the traffic. He said the Madison Park residents have
pointed out their concerns about how difficult it is to make a right hand turn
out of Madison Park onto McCulloch in the mornings. Traffic backs up at the stoplight at the corner of Lockwood and
McCulloch and again at the intersection of Alafaya and McCulloch. Also, he said the staff might not be aware
that residents along SR 50 have begun cutting through Tanner Road onto
McCulloch to avoid the congested traffic.
He noted that not only will the people be affected, but also the Econ
River Wilderness area will be affected by the traffic and housing.
Don
Wheeler, 14372 Stamford Circle, President of University Estates Homeowners
Association, addressed the Board to state North Tanner Road is two lanes and
there are no plans to make it four lanes.
He submitted a drawing showing the road (not received and filed). He said this is the same thing as the
previous development except now there is more single-family housing being built
and planned around this site. He said
the Board has the same reasons for rejecting this application as the previous
development. The development has been
presented as family housing; however, it will not be populated with
families. He said Mr. Daly, at the
community meeting, said that 30% of the units would be sold as investment properties. The rooms will be ideal for adults on a
tight budget who are looking for a place to sleep, rather than a place to
live.
Tim
Phillips, 14945 Lymington Circle, addressed the Board to submit a traffic study
(not received and filed) into the public record. He state he is asking the Board to agree with the citizens in
Orange and Seminole Counties to turn down the applicant’s request. He showed a PowerPoint presentation showing
an overview of compatibility versus incompatibility (received and filed) of
Ashford Park, the east entrance to University Estates, commercial tract for
sale to the east of Ashford Park, Carillon’s Madison Park entrance adjacent to
the applicant’s property, location of another commercial venture near Ashford
Park, and Villas at Waterford Lakes in Orange County. He said the path the Board should take tonight should lead to a
positive decision that is compatible and consistent with growth in the
surrounding area.
Richard
Jefferson, 4724 Sudbury Drive, addressed the Board to state University Estates
has received a letter (copy received and filed) from Orange County Commissioner
Ted B. Edwards strongly opposing the Hawthorn Glen development. He submitted same to the Board. He said Hawthorn Glen is just as
incompatible with the surrounding land use as the previous development plan.
Carol
Savchuk, 4556 Saddleworth Circle, addressed the Board to state they are
adamantly opposed to this project. She
said they don’t need and don’t want a neighborhood commercial development on
this site. They can get what they need
in gas and conveniences less than a mile down the road. Also, she said catty-cornered from this site
are already five commercial acres, and no more is needed in this area.
Barry
Savchuk, 4556 Saddleworth Circle, addressed the Board to state the Board should
not consider the contract addendum as having any influence on this hearing for
the basic reason that homeowners association boards are not communities. They have no police forces, and no real
control over how people use their property outside of commercial uses, and they
will not be able to control the leasing of these units.
Andy
Abernathy, 14317 Stamford Circle, addressed the Board to state he opposes the
rezoning and feels the request is inconsistent with the character of the
surrounding area. He said the townhome
apartments will be incompatible with the neighborhood by creating increased
traffic and attracting transient and short-term residents. He also feels this would attract crime. Although one person is allowed on the lease,
he feels there would most likely be multiple residents per unit. He feels the apartments and convenience
stores belong on Alafaya and not in the neighborhoods. Further, the commercial zoning would create
lights all night long, noise, traffic, and crime. He is also concerned with the destruction of nearly 50 acres of
natural habitat for the natural wildlife in the neighborhood.
Pamela
Abernathy stated she agrees with her husband, Andy Abernathy.
Patrick
Wall, 14922 Lymington Circle, addressed the Board to state that this
development will have light shining into his bedroom and his entire house. He said they do have deer in their backyard
every morning. He said there is a gas
station down the street and they don’t need other commercial development in the
area. He said there has been no
discussion about the high school impact.
He asked if this is single-family housing, then why are the units being
leased every six months twice a year.
Jim
Grosse, 2483 Fawn Run, addressed the Board to state it seems like the impact of
overcrowding to the schools should be a big issue. He asked the Board to ask themselves what is the benefit to the
area and people in the community by putting in this type of development. He said it does not appear to be any
benefit, but it is a direct benefit to the builders and the property owners who
don’t live in the area. He asked the
Board to vote against this.
Mr.
Wright gave rebuttal comments. He said
the staff have said his client is entitled to what he’s asked for. Mr. Groot’s legal opinions and the peoples’
anecdotal opinions about what they think will occur are not evidence that the
Board can properly consider. He stated
with the staff recommendation, testimony of Mr. Daly, traffic concurrency
submitted, review of this application, the substantial, competent evidence and
good common sense and design of this project, he is urging the Board’s support.
Mr.
Daly reiterated that the apartment student housing project is not the same as
the attached single-family townhomes project.
He said these are two different animals with fee simple ownership. They are two stories done by a production
builder and not for and managed by a student housing enterprise.
Mr.
Groot stated the evidence presented is not just his legal opinion, although
inconsistency with the Comprehensive Plan is the primary, fundamental
decision. He said the Board already
found that the prior development was inconsistent and this one is too. He said density is density, regardless of
what type it is. The Board is talking
about .15 dwelling units per acre of different density to a development that
the Board disapproved about two years ago.
He said much of the evidence is the same that was before the Board at
the last hearing.
No
one else spoke in support or in opposition.
Speaker
Request and Written Comment Forms were received and filed.
Upon
inquiry by Commissioner Maloy, County Attorney Bob McMillan stated it’s up to
the Board’s discretion on how they want to handle the information presented
tonight. He said he had Deputy County
Attorney Steve Lee to review the documents and most of them are ones the Board
have seen before and Mr. Groot has described some of the documents. He suggested, if the Board would like, that
they could look through the documents and list of exhibits to see if there is
anything they wish to read in more depth.
He said the Board might wish to take a break in order to review the
documents.
Upon
further inquiry by Commissioner Maloy, Matt West, Planning Manager, addressed
the Board to state there is a wetlands overlay zoning that was adopted several
years ago. There are areas on this
property that have this overlay on it.
The overlay says that land should remain substantially undisturbed in
its present form. The entire property
is not zoned wetlands overlay.
Commissioner
Van Der Weide asked Mr. Fisher if, in his professional opinion, this
application is student housing or not.
Mr. Fisher said this is fee simple home ownership and not student
housing. He advised Commissioner Henley
that it is possible for students to be homeowners.
Mr.
McMillan clarified what the Court did in the Portofino case, stating the Court
said the Board had enough evidence to rule as they did in that case. The Court does not determine whether the
Board was right or wrong or if one side’s evidence is better than the other
one. He said the fact the Board denied
prior approval based on evidence they heard at that time does not indicate what
the Court would do on an approval or denial of this application based on this
record.
Commissioner
Henley commended both sides on how they have presented themselves. He said the applicant has every right to
request the rezoning, but the Comprehensive Plan does not require the Board to
grant the request. The responsibility
for that decision rests with the Board.
To him the competent evidence was shown on the map. He referred to the map and stated this
proposal is approximately 9½ acres into the middle of single-family homes and
single-family five-acre lots. That’s
the evidence to him that it is not consistent and not compatible with what is
already in existence. He said he still
feels that commercial is detrimental to the conservation area. He said for that reason, because of the
leapfrogging, he will have difficulty voting in favor of the project.
Upon
inquiry by Chairman McLain, Mr. Fisher reviewed the criteria he used in
establishing the compatibility for this project. He explained that leapfrogging is in the eye of the reviewer or
someone’s opinion. From the staff’s
perspective, they looked at this as residential next to residential, medium
density residential next to low density residential. Staff does not consider that to be leapfrogging or spot zoning,
but in keeping with the surrounding area.
Mr.
West added that typically the term leapfrogging deals with skipping over vacant
parcels out to an area where there isn’t urban services and putting in urban
development. He thinks the issue here
is putting residential next to residential.
Mr.
Fisher advised Commissioner Maloy that this is a mixed-use development with a
small portion, 2.6 acres of the site, being utilized for neighborhood
commercial. He said catty-cornered from
this property is a site in Orange County that has already been approved for
commercial and with its size and scale, staff found this commercial to be
compatible.
Mr.
Fisher advised Chairman McLain that with the buffers, preservation areas, and
open space provided with this site, he feels the 9.1 dwelling units per acre is
appropriate for this property.
Chairman
McLain recessed the meeting at 10:28 p.m. to allow the Board to review the
documents submitted by Mr. Groot, and reconvened at 10:41 p.m.
District
Commissioner Maloy stated that during the break, Mr. Fisher and the Planning
staff reviewed the information presented.
He asked for his comments, whereupon, Mr. Fisher stated he reviewed the
entire package submitted by Mr. Groot and he did not find anything that would
change the staff recommendation nor anything, in his opinion, that was
pertinent to the current application before the Board. He said much of the information dealt with
the previous Emmer application. There
are staff reports and DRC comments that are not pertinent to the application
tonight. The staff opinion is still for
approval of the project.
Commissioner
Van Der Weide commented that although Mr. Groot stole the show tonight with his
presentation that this is the exact project that came up two years ago, staff
and the people involved realize that this is different and is not student
housing, and student housing can be in single-family homes. The staff and the professionals have assured
him that this is not student housing, but he doesn’t know how the Board can
convince the public of that.
Commissioner
Maloy said this is the only property in Seminole County that the property owner
can’t do anything with it. It’s zoned
UC, not a recognized zoning, and has been that way for years. If the property owners had built years ago,
they could have built high intensity uses.
He understands that part of the reason the high intensity land use was
put on it was to protect the property rights of the owner when the County no
longer recognized the UC zoning. He
said the basic questions he keeps coming back to is when does the down zoning
of properties take away the rights of someone who had certain property
rights. He said when he looks at the
request, it appears to be a reasonable use of someone’s property rights. He thinks there should be further
restrictions on the commercial, but asking for medium density residential on a
high intensity land use has been done before and the Board has traditionally
approved those. He thinks the property
owner is asking for something he is legally entitled to, and he would support
this with some modifications.
Motion
by Commissioner Maloy, seconded by Commissioner Van Der Weide, to enact
Ordinance #2003-28, as shown on page _______, approving the requested rezoning
from UC to PUD for approximately 45.97 acres located on the northwest corner of
McCulloch Road and Old Lockwood Road, with staff findings and subject to
conditions contained in the Development Order, as shown on page _______, with
further restrictions on the commercial to adopt the staff recommendation to
prohibit car lots, marine lots, flea markets, car washes, auto repair,
especially drive-through restaurants, laundry mat facilities, and any sort of
package store or bar.
Under
discussion, Commissioner Henley said he agrees and will defend people’s right
to use their property, but he does not know of any ordinance that requires the
Board to approve this project as the only way they can use their property. He referred to an example in the City of
Sanford on 17-92 where two and three-story apartment buildings abut single-family
homes. He doesn’t think with this
application there are enough safeguards to protect student housing.
Chairman
McLain said he has concerns about the commercial and does not think there
should be any gas tanks allowed next to the natural lands; he thinks the
density needs to be reduced by 10% to 225 because they need more space to
buffer the commercial from the natural lands to have a minimum 50-foot buffer;
and he thinks this should be restricted to one-year leases to enhance the
opportunities to restrict the ability of student housing. He asked Mr. Wright and Mr. Daly to respond
to that so he could make a decision.
Upon
inquiry by Chairman McLain, Mr. Daly said he was willing to reduce the density
by 25 units to provide enough area for better buffering for the commercial
site. He also agreed to revise the
terms of the lease to one year.
Chairman
McLain advised Mr. Wright that he would want to include in the District
Commissioners’ restrictions that there be no fuel tanks. Discussion ensued with Mr. Wright, who said
he would like to offer a compromise instead of losing the ability to have the
gas tanks.
Chairman
McLain asked Commissioner Maloy for a friendly amendment to the motion
to include no gas tanks, to have a 50-foot buffer, a minimum one-year lease on
any properties leased, and to reduce the density by 10%. He said by doing that he thinks they will
accomplish a lot of things. He
explained that the professional staff has maintained that this project is
compatible with low density residential according to the County rules. His major concern is how they buffer this
project from the natural lands.
Commissioners Maloy and Van Der Weide accepted the friendly
amendment.
Commissioner
Henley said he thinks Commissioner McLain’s suggestion will move a long way
toward accomplishing the avoidance of this becoming a student housing
project. He said he has difficulty
supporting commercial going in, but he strongly supports Commissioner McLain’s
intentions as far as the gas tanks.
Because the applicant did not agree to those terms, he asked the County
Attorney where does the County stand from a legal standpoint to enforce
this.
Mr.
McMillan stated there is virtually no use of right on this property. He said the Board could approve the motion
and give the applicant the opportunity to accept it. If a question should occur, this becomes a use of right on the
property. The Board is administratively
moving the property to PUD, giving it to the applicant as his use of right so
he cannot claim he does not have that.
He said he would not hesitate advising the Board to go ahead and make
the offer.
Commissioner
Henley stated in view of the fact the motion has reduced the density, is
dealing with the setbacks, and attempts to take away some of the distasteful
amount of commercial, he will go ahead and support the District Commissioner’s
proposal.
Mr.
Wright stated that upon further reflection, his client has indicated he would
agree to the restrictions with regard to the gas tanks. He asked for discussion among the
Commissioners as they have expressed environmental concerns in the proximity to
the natural lands and his client has given the voluntary restriction of no gas
tanks. He said rather than relegate
this site to an office building, he asked if the Board would consider some
restrictions with a very intense site plan review for a drive-through or some
kind of restaurant. Whereupon, Chairman
McLain advised him that would require a change by the motion maker.
Upon
inquiry by Chairman McLain, Commissioner Maloy said he would not want to change
his motion.
Districts 1, 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 11:02 p.m., this same date.
ATTEST: ____________________Clerk
_____________________Chairman
er/sm/cc