The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:11 a.m., on Tuesday, June 9, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

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

Commissioner Grant Maloy (District 1)

Commissioner Daryl McLain (District 5)

Clerk of Court Maryanne Morse

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Sandy Wall

Director of Information Technologies, Chris Grasso, addressed the Board to advise Al Hill will be giving the Board a brief update on GIS.

GIS Coordinator, Al Hill, addressed the Board to distribute a booklet on Geographic Information Services (GIS) (copy was received & filed). He advised that GIS allows users to capture, store, edit, manipulate and display geographically referenced information. He stated their objectives are to make all of their data set to fit the Property Appraiser’s parcel base map; provide rapid access to geographic related information; and get people to work together to share resources (getting rid of redundancy and paper records) by putting them on the wide area network. He said that with all the data available in one place, they are finding it makes for flexibility and gives them the ability to supply information to other agencies.

Commissioner Van Der Weide entered the meeting at this time.

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

Mr. Hill advised they are sharing information and transferring information to the HTE LAN database.

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

Mr. Hill stated because of the County’s GIS effort, all of the cities have active GIS programs and the County is also providing information to several places at the Federal level.

Upon inquiry by Commissioner Adams, Mr. Hill advised the County is in a position to accept autocad drawings from developers. He also advised they are working on a Concurrency Management package. He stated the County’s web site offers them a unique opportunity to offer citizens information and currently 130 maps are available for citizens to view and download. He further advised that currently there are 88 users countywide located in all major departments and divisions. They have trained 120 staff members in-house; they have over 40 layers available for downloading from the web site; and have had over 30,000 people visit the web pages during the past calendar year. The data dictionary is also available to Lotus Notes and all of their data sets meet Federal government data guidelines.

Mr. Hill displayed for the Board the ArcView and discussed the abilities of same.

The Chairman commended Mr. Hill on a remarkable job during the past two years and particularly the acceleration of the data during the last year. He requested the Board receive quarterly updates on how this is progressing.

County Attorney, Robert McMillan, advised that the Public Records Seminar was held on June 5 and there were approximately 100 people who attended. He said he believes it went very well and hopes to do more of these seminars in the future.

The Chairman suggested the County Attorney review the videotape of this seminar based on some feedback he received after same.

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Deputy County Attorney, Lonnie Groot, addressed the Board to advise the County Forester, Mike Martin, has asked the Board to consider a five mile per hour speed limit on the Econlockhatchee River, from the power lines eastward of Snow Hill Road to the Orange County/Seminole County lines. He stated the Sheriff has endorsed that proposal. He said should the Board wish to proceed with this, it would take enactment of an ordinance.

Commissioner McLain stated he was on the Econ this past Saturday and believes a little bit further west of the power lines would be a more appropriate area. He also stated that he believes restrictions on the horsepower would be a better way to handle this.

The Chairman suggested sending this report back to the Sheriff for them to consider a horsepower restriction rather than a speed limit. Whereupon, Mr. Groot stated he will meet with Mr. Martin and Captain Armstrong and bring this back at the next Board meeting.

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Mr. Groot advised that County staff has met on several occasions with the staff of the DCA with regard to the Commercial Realty Group (CRG) Comprehensive Plan Amendment which was rejected by DCA. He said he is proposing that the County conduct a study of the rural east area to develop goals and policy objectives that include the area within the CRG amendment.

Director of Planning & Development, Frances Chandler, addressed the Board to state the study would offer DCA a better idea of what is occurring in the east area. She stated that staff also will be initiating studies for the Comp Plan relative to the recent settlement with DCA concerning property located in the Wekiva River Protection Area. She said staff wants to carry these two studies forward and address the settlement issues as a fall cycle amendment.

Chairman Morris stated defining the basins in the Wekiva River Protection Area is a distinct issue and different from the Rural East Area study. He said he cannot be in favor of the Rural East Area study as he believes the rural boundary will be diminished. He further said that he can predict the result of the study, which will further break up the rural area. He stated that the study on the Wekiva River Protection Area makes sense and he would support it.

Upon inquiry by Commissioner Maloy, Jim Wineberg, representing CRG, addressed the Board to advise they have been working with staff and DCA and feel that having a re-look at the East Area makes sense and will help to answer questions. He stated that there has been a lot of activity since the Plan was approved, i.e., Chuluota By-Pass and the four-laning of CR 419.

Chairman Morris stated the sad part of this is that the proposed study will be moving forward in defense of one property owner who is trying to receive a zoning. He said the property did not stand on its own with DCA.

Commissioner Maloy stated he has no problem with taking a look at the East Area for proper planning in the future.

Commissioner Adams stated he would like to see a map of the area based on what has happened during the last eight years, since the Plan for that area was adopted. Whereupon, Ms. Chandler advised the only amendment adopted outside of the area since that time is the CRG amendment.

Mr. Groot stated that to substantially enhance the ability to defend the CRG amendment, staff needs the Board to approve this study because DCA is asking the Board to rescind the amendment.

Chairman Morris stated this will not only affect this property, but will affect many properties. He further stated that he originally thought the density requested by CRG was too high and that it would have a distinct affect on adjoining properties.

Commissioner Van Der Weide stated the County Attorney is recommending this action as something they need.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the recommendation of the County Attorney and direct the staff to initiate studies and develop amendments to the Seminole County Comprehensive Plan relative to the recent settlement with DCA with regard to property located in the Wekiva River Protection Area.

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the recommendation of the County Attorney and direct staff to initiate a study of the Rural East Area for settlement with DCA of the CRG amendment.

Under discussion and upon inquiry by the Chairman, Stan Stevens addressed the Board to state the area residents are against the study and believe this will be the "crack" the water company needs to expand into the rural area which will be urbanizing the area. He said if this is approved, the Board will be setting a precedent and breaking the Comp Plan.

Commissioner McLain stated that in the past when this has occurred, the Board has had the property owner and developer come back to the Board with an alternative plan for consideration. He said he would like to see a plan that is more compatible with the rural boundary. Discussion ensued.

Commissioner Adams stated he is not ready to vote on this issue at this time and would like to have this continued until the 1:30 p.m. meeting.

Commissioners Van Der Weide and Maloy agreed to withdraw their motion, for reconsideration at the 1:30 p.m. meeting this date.

Mr. McMillan discussed the situation with Magnolia Lakes and the agricultural uses in the PUD. He advised the staff has met with Mr. Hattaway, and staff has determined that under the Code, there is no authority for continuing uses. A Code amendment is needed, wherein, every time the Board approves a PUD, they also address the issue.

Ms. Chandler advised that should the Board wish to include this in the Land Development Code, staff can come back with a request for advertising in the next couple of Board meetings.

The Board, by consensus, directed staff to move forward with an amendment to the Land Development Code addressing agricultural uses within PUD’s.

Mr. McMillan advised that after the Code change, Mr. Hattaway can come back with an amendment to his PUD agreement for consideration by the Board.

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Mr. McMillan briefly discussed the issue regarding Mr. Rishell and the Sheriff’s Substation on SR 436. He advised that both the Circuit Court case and the appeal has been dismissed. He further advised that he has met with the City and several people, and everyone is interested in working out an agreement involving surplusing and advertising a lease option to purchase the property that the substation is on. He stated all the details have not been worked out yet, but he would like a general consensus from the Board to continue with negotiations.

The Board voiced no objections to the County Attorney continuing negotiations concerning this item.

Director of Public Safety, Ken Roberts, addressed the Board to give an update on the fire situation in the Geneva area, advising early this morning they did declare the fire under control. He said the situation is somewhat guarded because conditions are favorable for the fire to reoccur. He stated they will continue to educate the public on how careful they need to be with any type of outdoor activity. He further advised that as of 4:00 p.m. yesterday, the Federal Government has initiated the Federal Fire Protection Act, which will enable the County to apply for Federal assistance to recoup some of the money that has been spent so far. He stated that currently from this fire, there are 2,000 acres of blackened area; 12 single family dwellings destroyed; 24 vehicles burned; and a little over $1 million in property damage.

The Chairman advised he has issued another State of Local Emergency.

Commissioner Adams commended the firefighters who worked courageously throughout this emergency.

The Chairman thanked everyone for an incredible effort.

Commissioner McLain stated that the Sheriff’s helicopters were an important asset in this effort and he commended Sheriff Eslinger for acquiring these machines. Whereupon, Mr. Roberts stated the Sheriff’s Office was very progressive in getting their ships up in the air.

County Manager, Gary Kaiser, presented his Consent Agenda to the Board, advising Item #20, RFP-441-98/GG, Auctioneer Services, has been pulled due to a protest letter being filed. He noted, for information, add-on Items #33, 34 and 35 to the agenda.

Commissioner Maloy stated be would like a separate vote on Item #34, U.S. 17-92 Multi-party Interlocal Agreement.

Purchasing Manager, Kelly Loll, distributed a clarification to Item #21, Contract M-53-98.

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

Traffic Engineering

Stormwater

Development Review

Comprehensive Planning

Purchasing

Professional Services

32. Approve and Accept Warranty Deed, as shown on page ________, from T.C. and Minnie Mitchell for property located at 1702 Strickland Avenue, Sanford.

35. Chairman to execute Second Amendment, as shown on page ______, to RFP-409-97/GG, Renovation to Elevators (Extend Completion Date).

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(34) Motion by Commissioner McLain, seconded by Commissioner Adams to give consent approval of the U.S. 17-92 Multi-party Interlocal Agreement; and authorization to distribute to the participating Cities (Casselberry, Lake Mary, Sanford and Winter Springs) for City Council consideration.

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

Mr. McMillan distributed two add-on items for consideration. He requested that Item #1 regarding Seminole County v. Sanford Court Investors, Ltd., et al, be continued until this afternoon’s meeting.

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

1. Withhold action until this afternoon with regard to Seminole County v. Sanford Court Investors, Ltd., et al.
2. Adoption of appropriate Resolution #98-R-127, as shown on page ________, releasing conditions set forth in 1978 Resolution and County Deed relating to Board’s conveyance of various park properties to the City of Lake Mary in 1978.
3. Acceptance of Corrective Warranty Deed, as shown on page _________, from Ashton, Inc. for Tuskawilla Road property.
4. Approval to disburse funds from escrow on Parcel 102 relating to the I-4/46A Interchange Road Improvement Project in the amount of $635,000. Parcel was acquired from Bank of Central Florida in 1994.

Planner, Dick Boyer, addressed the Board to advise Florida Water Services Corporation has made application to expand their sewer and water service area around Chuluota. He stated that the staff has found the request is inconsistent with the Comp Plan which addresses protection of the County’s Rural Area by discouraging the expansion of urban services. Therefore, staff is asking for authorization to object to the proposed amendment before the PSC. He distributed a copy (received & filed) of the proposed letter to the PSC.

Upon inquiry by Commissioner Maloy, Mr. Boyer advised that the County Attorney informed him that the County will lose their standing with the PSC if they do not object to this request.

Sue Surleno (phonetic), representing Florida Water Services Corporation, addressed the Board to advise they are requesting this expansion as part of the long-range plan. She said they are looking forward to the future 10 to 20 years. She stated it is their belief that the more people who are hooked up, the less the rates will be.

Commissioner McLain reiterated that the action proposed by staff is only to protect the County’s standing. He suggested the Board follow staff’s recommendation and to let this issue move forward and develop over the next several months.

Commissioner Morris stated he believes this will be one more nail in the coffin for the east rural area. He said he believes the water company’s request is premature.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve staff’s recommendation; and authorize the Chairman to execute Letter, as shown on page _______, to the Public Service Commission objecting to Florida Water Services Corporation’s application for a service area amendment due to inconsistency with the Seminole County Comprehensive Plan.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize the Chairman to execute Grant Application and associated grant documents, as shown on page _______, for the Cops More Grant Application.

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

DCM, Cindy Coto, addressed the Board to request direction on the selection of Options A, B or E for the Courthouse Programming. She said that included in the Agenda Memorandum (copy was received & filed) are the options and identification of funding sources. She advised that anything associated with the Juvenile Justice Center has been extracted because there is cash on hand to deal with that issue.

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to proceed forward with the RFP for the Juvenile Justice Center.

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

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Motion by Commissioner McLain, seconded by Commissioner Adams to proceed forward with Option E for the Courthouse Programming.

Under discussion, Commissioner McLain stated he believes the decision on the renovation of the FPL Building versus rental of space for the Public Defenders Office will be a business decision on which will be the least expensive. He said he would leave that open for now.

Commissioner Maloy stated he has no problem with talking with the City and moving forward, but his concern is the price tag; and that is why he is leaning toward Option B.

A brief discussion ensued between the Board and Ms. Coto with regard to the interlocal agreement with the City of Sanford concerning the parking lot.

Commissioner Van Der Weide stated he supports Option A and would rather the County "bite the bullet".

Commissioner McLain stated he believes Option E does exactly what the County needs to do, which is provide additional space in the most expedient way. He further stated that the Board needs to look long and hard at the Departments who are going to be affected by the expansion to see if some "belt-tightening" can be done. He added that he believes the key to this decision is to move forward immediately with the negotiation and acquisition of City Hall and implementation of Option E.

Commissioner Van Der Weide stated he is worried that if the Board does not take Option A and do it all, two years from now there will have to be another study to determine the space needs again.

Commissioner McLain stated he foresees a judicial center addition, but he believes the key is to make sure a financial plan is in place so that it can be done in a prudent manner, without any new taxes.

Commissioner Morris advised SunTrust has said they would like to show the County one more option relative to their building.

Upon inquiry by Commissioner Maloy, Ms. Coto advised it would be a Board decision as to whether an independent appraisal will be done.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Van Der Weide voted NAY.

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Motion by Commissioner McLain, seconded by Commissioner Adams to authorize the staff to enter into negotiations with the City of Sanford for acquisition of City Hall and/or City property dependent; to authorize staff to develop and advertise Request for Proposal for Architectural/Engineering Services for the Courthouse option selected; and to authorize staff to enter into negotiations with SunTrust for acquisition of property for future parking needs.

Under discussion, Commissioner McLain requested staff to come back to the Board with a better understanding and options on the bond process.

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

The Board agreed the Negotiating Team for the purchase of the Sanford City Hall will be Commissioner McLain, Cindy Coto and Robert McMillan.

Commissioner Van Der Weide left the meeting at this time.

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

1. Expenditure Approval Lists, as shown on page ________, dated May 19 and 26, 1998; and Payroll Approval Lists, as shown on page _________, dated May 28 and June 4, 1998.

 

2. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:

 

Paula Marie Stuart & Frontier Ins. Co. - $538

Lawrence S. Smith & Accredited Surety & Casualty Ins. Co. - $1,038

 

3. Chairman to execute the following Satisfactions of Judgment for Court Costs:

 

Darlene Marie Stephens, Case #91001081CFA - $44.28

John Andrew Knight, Case #93003052CFA - $255

Kathryn Renee Schmidt, Case #96000971CFA - $255 and $14.10 interest

 

Districts 1, 2, 4 and 5 voted AYE.

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

1. Work Order #9 to PS-327, as shown on page _________, Roseland Park Sanitary Sewer Installation Project.

 

2. Work Order #22 to RFP-407, as shown on page __________, Tuskawilla Road, Phase I.

 

3. Work Order #23 to RFP-407, as shown on page _________, Howell Branch Road, Phase I.

 

4. Work Order #25 to RFP-407, as shown on page _________, Tuskawilla Road, Phase IV.

1. Bids PS-521-98/BJC; FC-140-98/BJC; #207-98/BJC; #208-98/JVP; and RFP #441-98/GG.

Director of Economic Development/Special Projects, Tony VanDerworp, addressed the Board to distribute an information schedule for the U.S. 17-92 Redevelopment (copy was received & filed). He stated if this is all right with the Board, he will have these distributed at community meetings. The Board voiced no objections to same.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve the Official Minutes dated May 26, 1998.

Districts 1, 2, 4 and 5 voted AYE.

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The Board, thereupon, recessed at 12:10 p.m., reconvening at 1:39 p.m., this same date, with all Commissioners and all other Officials, with the exception of County Manager Gary Kaiser who was replaced by DCM Cindy Coto, and Deputy Clerk Sandy Wall, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

The Invocation was given by Pastor Hezekiah Ross, West Sanford Free Will Holiness Church.

Commissioner Dick Van Der Weide led the Pledge of Allegiance.

Chairman Morris stated that Commissioner Adams has invited guests from Shanghai, Mr. XU and Mr. ZHANG, to the meeting who are visiting to observe Seminole County Government’s economic development process. Chairman Morris welcomed the visitors and their escorts. He and Commissioner Adams personally greeted the visitors and Commissioner Adams presented gifts to them. Commissioner Adams welcomed the guests and expressed appreciation for their visit to Seminole County, Florida.

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Chairman Morris announced that in an incredible sequence of events, the Lake Mary High School Girls Varsity teams have won one soccer, one basketball, and one softball championship.

Principal, Raymond Gaines, came forward to concurr with Commissioner McLain to hold on this presentation until later, at which time the members of the softball team and Coaches would be in attendance. The Board moved to the next agenda item.

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

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

County Attorney, Robert McMillan, stated staff met with Commissioner Adams to clarify issues and is now ready for further discussion and Board action relating to Commercial Realty Group’s Comprehensive Plan Amendment and Planning Efforts in the East (Rural) Area of Seminole County and the Wekiva River Protection Area.

Commissioner Adams asked Frances Chandler, Planning and Development Director, to point out exactly where the current boundaries exist. He discussed the boundaries and said his greatest concern is that he thinks staff needs to square off the boundaries. He said there is somewhat of an enclave existing. There needs to be a clear line drawn to show there will not be encroachment into the rural area any further. He said with that, he could support a study.

In response to Commissioner McLain, Ms. Chandler stated an urban boundary can be a variety of different things. She explained that in 1991 when staff developed these boundaries, what was used was the historical perception of what constituted an urban area. The city limits was defined as the demarcation. She discussed with Commissioner McLain the worthiness of the County moving forward with a study. She assured him that the method for doing such a study would be the same as historically used with community meetings being held. She said this would result in a recommended plan amendment and it would require a public hearing.

Ms. Chandler and Mr. Groot discussed with Commissioner McLain that a decision is needed today from the Board.

Upon direction from Commissioner Adams, Ms. Chandler read into the Record her comments (received and filed) to Commissioner Adams on the planning approach that staff would recommend and the components that would be included in the study. Commissioner McLain questioned if it was clear that the study could show findings that the CRG Project is too high a density for the property. Whereupon, Ms. Chandler said staff is taking their direction from the Board who approved the Plan Amendment at a certain density. She said she doesn’t know how staff can ignore that direction, but that would be information staff would use.

Mr. Groot added that it might be insubordinate to pass a Plan Amendment that is not in agreement with the Board’s direction. He said if the Board directed staff to come forth with an opinion regardless of the Board’s prior action, that would be different.

Chairman Morris said he can support a study if it is not all preconditioned. He would also include the 1991 and 1992 findings that brought this up and what has significantly changed.

Mr. Groot stated if the Board opens up the staff’s view so they can come back with a report that can counter a prior approval, that could create evidence that could be used against the County.

Commissioner Van Der Weide said the Board is being requested by staff to give them more tools to work with to defend the majority vote of the Board.

Commissioner McLain reflected on what happened with the Battle Ridge project. He said he would have no objection with doing a study if staff feels it is necessary, but it needs to be one that is not prejudiced. Whereupon, Mr. Groot said at this point he is bound to make a recommendation that the study only support the Commercial Realty Group amendment.

Commissioner McLain said he thinks the study needs to have a greater scope. Chairman Morris said this would basically put staff’s defense of a property in abeyance and allow them to do a clinical assessment with the community fully involved and come back with a recommendation that may be counter to an earlier recommendation from this Board.

Commissioner Adams stated what is of great importance to him is to make sure that they do the right thing in the long term. He said the Board has to protect the rural area. Chairman Morris said his concern is for what is done in isolation for one particular property.

Motion by Commissioner Adams, seconded by Commissioner Maloy, to proceed with the study relative to the Commercial Realty Group Comprehensive Plan Amendment and Planning Efforts in the East Rural Area of Seminole County and the Wekiva River Protection Area in order to find out the facts.

Under discussion, Commissioner Adams clarified with staff that the scope of the study is not to defend the Plan Amendment.

Principal Gaines addressed the Board with members of the Lake Mary High School Varsity Softball Team and Coaches.

Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt appropriate Resolution #98-R-124, as shown on page __________, commending the Lake Mary High School Girls Softball Team and Coaches for winning the State Championship.

Commissioner McLain presented the Resolution to Principal Gaines, who thanked the Board for recognizing the girls and commended the Athletic Directors, Coaches and Team Members.

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

Continuation of a public hearing to consider vacating and abandoning a portion of Oregon Avenue on behalf of the abutting property owners; right-of-way located north of SR 46 and west of I-4, Jim Willard on behalf of Schrimsher NW 46 Ltd.

Sylvia Smith, Plans Examiner, addressed the Board to present the request as stated in the staff report. She advised staff is recommending approval of the vacate and abandonment.

Chairman Morris determined that the applicant was not in attendance.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Resolution #98-R-128, as shown on page __________, vacating and abandoning a portion of Oregon Avenue on behalf of the abutting property owners; right-of-way located north of SR 46 and west of I-4; as described in the proof of publication, Jim Willard on behalf of Schrimsher NW 46 Ltd.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to R-1AA (Single Family Residential); property described as 12.5 acres located on the south side of South Citrus Road and west of Citrus Road, Scott Henderson, received and filed.

Don Fisher, Senior Planner, addressed the Board to present the request. He advised that based on the staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting concurrency requirements; (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to adoption of an ordinance rezoning the property from A-1 to R-1AA subject to: (1) Pave South Citrus Road to the project’s entrance; (2) Dedicate additional right-of-way on South Citrus Road as necessary to accommodate required off-site improvements; and (3) Compliance with the applicant’s commitment to provide a 50’ wide buffer along the north property line and locate only two lots and retention along the south side of the buffer.

Mr. Fisher stated the Planning & Zoning Commission voted 3 to 1 to approve the request with staff recommendations and with the applicant’s commitments that: (1) The minimum house size for the R-1AA zoning for the subject property shall be 2,000 square feet. This condition shall be reflected on the plat for the property and shall be applicable to all future building permits for home construction on the property; (2) The project development plans shall propose paving of Citrus Road from the intersection of Shetland and Citrus Roads to the subject property entrance. The plans shall also propose eliminating the existing dirt road connection to Morgan Road; and (3) The project development plans shall provide for onsite retention of 100% of the stormwater runoff from the subject property and the paved portion of Citrus Road so that there is no adverse impact to the abutting lots.

Mr. Fisher said staff has received a letter from the City of Winter Springs and they do not have any objections to this latest proposal.

Applicant, Scott Henderson, Henderson Planning Group, Orlando, addressed the Board to state they met with residents at Mr. Khemlani’s house and discussed the concerns of the community. He reviewed the commitments they have made and requested the Board’s approval, subject to the conditions.

Moti Khemlani, 605 Morgan Street, addressed the Board to state all the parties involved want the Board’s blessing on this project. He told of incidents in the area and how the road is a danger to the community. He said he thinks this would be the best thing the Board could do for the residents.

Patricia Pearson, Lots 2 and 3 on Citrus Road, addressed the Board on behalf of Seminole County homeowners, to state they have met with the developer and have come to a consensus. They are in agreement with the development and conditions agreed upon on May 6.

Catherine Brennan, 601 S. Pinto Ct., Lot 134, addressed the Board (speaking for herself and others) to state how the development might impact on flooding. She said they are in agreement with the development, but each time the road is built up, it causes flooding. They want to be assured that further paving and all the asphalt and cement from the houses will keep the water from draining down to their houses.

Chairman Morris asked Mr. Fisher to make a note of this and make sure this does not happen. Commissioner Maloy and Mr. Fisher pointed out the applicant is going above and beyond to make sure this does not happen.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner McLain, seconded by Commissioner Adams, to approve rezoning, by Ordinance #98-30, as shown on page __________, from A-1 to R-1AA for property described as 12.5 acres located on the south side of South citrus Road and west of Citrus Road, as described in the proof of publication, Scott Henderson; and adoption of Development Order, as shown on page __________.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to R-1A (Single Family Residential); property described as 4.91 acres located on the west side of Bedford Road and the southeast side of CR 427, Westlake Development Corp., received and filed.

Mr. Fisher stated that based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the adoption of an ordinance rezoning the subject property as proposed from A-1 (Agriculture) to R-1A (Single Family Residential) subject to: (1) Dedicate additional right-of-way along the property frontage where access to the site is obtained (Bedford Road or CR 427) as necessary to accommodate required improvements; (2) If access is proposed along Bedford Road, the location must align with Shades Crest Lane or provide the minimum access separation from Shades Crest Lane as required by the Land Development Code; and (3) Pay a pro-rata share for a traffic signal at the intersection of Bedford Road and CR 427 if a signal warrant meets or exceeds 80% of warrants at the time of development.

Mr. Fisher advised the P & Z Commission unanimously recommended the request with staff comments.

Michael Murray, Westlake, addressed the Board to state they are building homes that are equal to or greater than what is already in the area.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Adams, to approve rezoning, by Ordinance #98-31, as shown on page __________, from A-1 to R-1A, for property described as 4.91 acres located on the west side of Bedford Road and the southeast side of CR 427, as described in the proof of publication, Westlake Development Corporation; and approval of Development Order, with staff findings, as shown on page __________.

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

Commissioner Van Der Weide left the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to RC-1 (Country Homes District); property described as 23 acres located on the south side of Via Hermosa and east of Longwood-Markham Road, White Sand Development, received and filed.

Mr. Fisher presented the request. He stated, based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to rezoning the subject property to RC-1. He advised the P & Z Commission unanimously recommended the rezoning subject to staff comments and the applicant’s commitment to construct homes with a minimum size of 2,200 square feet.

Larry Dale, representing the applicant, addressed the Board to state they agree with the staff comments.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Adams, to approve rezoning, by Ordinance #98-32, as shown on page __________, from A-1 to RC-1, for property described as 23 acres located on the south side of Via Hermosa and east of Longwood-Markham Road, as described in the proof of publication, White Sand Development, with staff comments; and approval of the Development Order, as shown on page __________.

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

Commissioner Van Der Weide returned to the meeting room at this time.

Chairman Morris recessed the meeting at 2:49 p.m. and reconvened at 3:02 p.m. with all Officials in attendance.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from R-3 (Multi-Family) to R-4 (Multi-Family); property described as 10.3 acres located on the east side of SR 434 and south of Carrigan Avenue, Waldemar Kissel, received and filed.

Mr. Fisher presented the request. He stated that, based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as a part of the County’s adopted plan and no development is authorized without meeting concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to rezoning the subject property to R-4, subject to: (1) Dedicate additional right-of-way on SR 434 as necessary to accommodate required off-site improvements; (2) Rezone only those areas above the post-development flood prone elevation; (3) Dedicate a conservation easement to Seminole County for those areas located below the flood prone elevation; (4) Development shall comply with the requirements of the Econlockhatchee River Corridor Protection Zone and all other Land Development Code requirements; and (5) Pay a pro-rata share for signalization of the entranceway when warranted. He said the P & Z Commission unanimously recommended the rezoning with staff recommendations.

Upon inquiry by Commissioner Maloy, Mr. Fisher answered that the proposed site plan (copy received and filed) does comply with the active passive buffer provisions. He answered other questions from Commissioner Maloy and Commissioner McLain.

Attorney John Howell, representing the applicant, addressed the Board to state the reason for this request is so that they can develop to three stories. He said this is an oddity in the R-3 zoning code that even though they have the 35 feet building height, they can only build to two stories. He said the applicant is committed to what is on the site plan: 10.61 units per acre, 110 units on 10.37 acres, 50’ buffers and 100’ building setbacks next to residential, and to dedicate through a conservation easement over seven acres of this property in the Econ zone. He responded to some of the issues raised in objection letters from Mr. & Mrs. Carver, Mr. & Mrs. Bradford, and Mr. Bush on drainage, wells, roads, traffic, noise, ecology, and the Econ River. Mr. Howell said they agree with the staff and P & Z recommendations and with the conditions of approval.

Chairman Morris read comments from Dawn Oakleaf who had a concern about the buffer zones and which way the drainage is planned to go.

James Bradford, 3099 Lowery Drive, addressed the Board to state he is opposed to the rezoning. He said he did not get a real commitment for the trees to be left in the buffer zone, and he would like for all of them to be left in the buffer. He also stated his concern for drainage and noted that there are a lot of gopher turtles on this property. Mr. Bradford said since Mr. Kessel bought the property as R-3, he feels it should remain that.

Commissioner McLain explained to Mr. Bradford that the site plan now allows more buffering and more open space.

Commissioner McLain discussed with Mr. Howell that the site plan is showing retention next to Mr. Bradford’s properties and all of those trees would have to be taken out. He suggested moving the retention pond further south.

Donna Williams, 3025 Boland Dr., addressed the Board to ask where will the retention pond be located. She said when she bought her property, she was told this was a conservation area and would never be built upon. Whereupon, Mr. Fisher advised that 550’ along the contour of the property will be conservation area. Ms. Williams said she is opposed to the R-4 rezoning.

James White, 3036 Lowery Dr., addressed the Board to ask where will the wildlife habitat go. He explained if an apartment complex goes in, the residents will have to pay for paving the streets and for city water and sewer. He said this is not fair for anyone, especially retired people. He said he has worked too hard for 45 years to have it all taken away. He stated he chose this area because it was good and quiet, but it won’t be quiet anymore. He asked what good is a 6’ wall if the units are going to be three stories. Whereupon, Mr. Fisher stated there would a combination of the wall and trees to screen the area. But Mr. White stated if the trees are taken out, there won’t be trees for screening.

Commissioner McLain stated the applicant bought this property with the right to put 110 apartments on it, and he is requesting to make a minor change so that he will have a better project with larger setbacks, the same height, and more open space.

No one else spoke in support or in opposition.

Speaker Request Forms and a Written Comment Form were received and filed.

Mr. Howell asked if they could modify the concept and make it a determination that they can’t put retention anywhere in the buffer where there are trees greater than a 6" caliber.

Commissioner McLain asked about the retention being moved behind the buildings and leaving the natural buffer on the east side in front of Lots 11, 12, & 13. Discussion ensued.

Mr. Howell said they cannot agree that every tree within the 50’ buffer is going to be saved.

Commissioner McLain said the idea of the buffer and screen is to protect the adjoining property owners, and to have a retention pond where proposed would not be protecting Mr. Bradford.

Richard McGee, Project Manager, addressed the Board to state they will comply with all the County’s regulations.

Commissioner McLain said he can support the project as he thinks it will enhance the community. However, he thinks it is reasonable that Lots 11, 12, and 13 have some kind of opaque buffer, and if not, he cannot support the project.

Whereupon, Mr. Kissel, developer, addressed the Board to state they will put in a concrete wall and will keep a wall along that side of the retention basin.

Chairman Morris recessed the meeting at 3:47 p.m. to allow the applicant an opportunity to discuss this issue with staff and Commissioner Maloy in order to come to an agreement.

Chairman Morris reconvened the meeting at 3:57 p.m. with all Officials in attendance with the exception of Commissioner Van Der Weide, who returned late.

Mr. Fisher said the applicant will commit to no retention ponds to be placed in any of the buffers that will be adjacent to residential districts.

Mr. Howell added they also committed to save as many trees within the buffer as possible.

Commissioner Maloy stated if there is any problem with the location of the ponds, that will come back to the Board.

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

Chairman Morris stated staff will do a tree survey and if there is an issue regarding same, staff will bring that back before the Board also.

Commissioner Maloy added if staff sees there is a problem with removal of too many trees, that will also come back to the Board.

Mr. Howell said if there is a problem with the retention in the 50’ buffer, that will have to come back to the Board as well.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to approve rezoning, by Ordinance #98-33, as shown on page __________, from R-3 to R-4 for property described as 10.3 acres located on the east side of SR 434 and south of Carrigan Avenue, as described in the proof of publication, Waldemar Kissel; and approval of Development Order, as shown on page __________; with conditions as stated that the retention pond will not be located next to residential properties and if there is any change to the pond or any substantial removal of trees within the buffer area, that will come back before the Board.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider amendment to Ordinance No. 98-13, Design Standards – Adult Entertainment Establishments and Sexually Oriented Businesses, received and filed.

Senior Planner, Kevin Fall, addressed the Board to state the Department of Transportation has approached staff with a concern for work being done on 17-92 next to the right-of-way particularly in places they foresee the need for ingress. DOT’s Project Manager has said this is the case with the Erotic Emporium. He advised DOT’s construction work will be completed in 6 to 8 months and they are asking that any improvements to the right-of-way by Erotic Emporium be delayed until after their work is completed. Mr. Fall explained that this Ordinance for adoption gives authority to the Planning and Development Director to give the applicant, Erotic Emporium, certification for the three design criteria to be done after DOT’s work is completed.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to adopt Ordinance #98-34, as shown on page __________, amending Ordinance #98-13, Design Standards – Adult Entertainment Establishments and Sexually Oriented Businesses; as described in the proof of publication.

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

Ms. Smith presented the request for applicant, Mike Tubbs, who is requesting a waiver to subdivision platting for a 9.89 acre site located at the northwest corner of the intersection of Alafaya Trail and West Carrigan Avenue. She advised staff recommends approval of the plat waiver subject to the following conditions: (1) The property owners shall dedicate necessary easements to the County for Cross Access, Drainage, and Utilities; (2) Due to poor intersection geometry at Carrigan Avenue and SR 434, no commercial access shall be constructed or permitted on Carrigan Avenue until a traffic signal is installed; and (3) A left turn lane shall be required on Alafaya Trail subject to approval of the direct access location by F.D.O.T.

Motion by Commissioner Maloy, seconded by Commissioner Adams, to approve waiver to the subdivision platting for a 9.89 acre site located at the northwest corner of the intersection of Alafaya Trail and West Carrigan Avenue; as described in the proof of publication, Mike Tubbs, with staff recommendations, and approval of Development Order, as shown on page __________.

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

Applicant, Mike Tubbs, addressed the Board to state he needs help from the Board with the St. Johns River Water Management District. He explained his concerns. Whereupon, Chairman Morris said, if there are no objections from the Board, he will try to work with Ms. Elizabeth Thomas of the St. Johns District on Mr. Tubbs’ matter, and will report formally to the Commission on the results. The Board had no objections.

Chairman Morris reported he attended the 50^th Anniversary Celebration of Lutheran Haven and did a presentation. A copy of the Proclamation presented, as shown on page __________, was received and filed.

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Chairman Morris stated the Florida Association of Counties conference is being held next week for the Board of Directors meeting and election of officers. He said FAC has had 48 counties to approve the Floridians for Fairness and Court Funding proposal. He asked if anyone had heard any information regarding this. Commissioner Maloy stated the specific concept is a worthwhile one, but he is concerned about the non-election of judges and some other issues so he feels leery about supporting the proposal. The consensus of the Board was the same. Chairman Morris said he will relay the consensus as the Board thinks Article 5 funding has merits but the proposal is not exactly what they were originally talking about.

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

1. Letter (with attached documents and maps) dated 2/11/98 from George C. Means to Chairman Morris re: "Memories Of My Boyhood About The St. Johns River" by Steen Nelson (1931), Solary Canal, Lake Jesup, and history of Oviedo.

Commissioner Maloy stated the East Central Florida Regional Planning Council Summit was held last week and they divided into individual groups to discuss what the vision is of the future Council. He said a report will be issued on what was discussed. He also said one speaker was giving his vision of what a regional planning council should do and that concerned him. The Board discussed this briefly.

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Commissioner Morris reported The Crossings Master Association has conditionally voted to allow Seminole County to transfer stormwater from the Myrtle Lake Basin under a St. Johns permit during high peak periods through The Crossings retention system which will level the flooding in that basin. He said St. Johns has spoken strongly in favor of this. A draft agreement will come before the Board to inspect as to what the conditions of a permit will be.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Adams, to appoint Paul E. Klinger, Jr. to the Agricultural Advisory Committee, and adopt appropriate Resolution #98-R-129, as shown on page __________, of appreciation to Tom Carey.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:25 p.m., this same date.

ATTEST________________________Clerk____________________Chairman

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