BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JULY 22, 2003
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m. on Tuesday, July 22, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner Randy Morris (District 2)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Pastor Bryan Wenger, Upsala Community Presbyterian Church, Sanford.
Commissioner Dick Van Der Weide led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-117, as shown on page _______, commending Melvin L. Gillett, Senior Team Member, Road Operations/Stormwater Division, Public Works Department, for his fifteen years of service to Seminole County upon his retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Mr. Gillett.
County Manager, Kevin Grace, advised he is pulling Item #19, Request for authorization for the Financial Adviser to proceed with the RFP for refinancing the County’s Solid Waste Revenue Bonds and the Tourist Development Tax Bonds, for a separate vote.
Upon inquiry by Commissioner Henley, Gary Rudolph, Utilities Manager, addressed the Board to advise he will find out if there is an annual maintenance fee for the Computerized Maintenance System included in Item #20, BCR #03-66, Environmental Services.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve and authorize the following:
18. Approve the submission of the Byrne Grant funding, as shown on page _______, to implement a program that will assist the judiciary in continuing and expanding the successful felony division early resolution program and assisting the drug court program, and act as the fiscal agent on behalf of Court Administration.
20. BCR #03-66 – $325,000 – Environment Services – Water & Wastewater – Fund: 40100 – Water & Sewer fund. Funds are needed for a Computerized Maintenance System to track over 25,000 pieces of equipment as required by FDEP and EPA. This system will be integrated with the SCADA System to automatically generate work orders when equipment fails. Funds are available in the Greenwood Lakes Power Easement Gravity Sewer project. The refurbishment for the gravity main cost less than budget due to the fact that the condition of the main was not as serious as anticipated.
21. BCR #03-67 – $80,000 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer fund. Additional funds are needed for the Greenwood Lakes Water Treatment Plant Sodium Hypochlorite Feed System due to increased costs. Funds are available in the Water System Rehabilitation project.
22. Adoption of appropriate Resolution #2003-R-119, as shown on page ________, establishing Annual Maintenance Assessments for the Lake Pickett & Howell Creek Aquatic Weed Control MSBU’s and the Cedar Ridge Landscape Maintenance MSBU.
23. Award CC-1211-03/PWM Contract, as shown on page _______, Old Lynwood & Bel-Aire Water Treatment Plant Demolitions to Cross Environmental Services, Inc. of Crystal Springs, FL ($79,900.00).
24. Approve Change Order #2, as shown on page _______, to CC-1190-02/BJC – Southeast Regional/Lake Hayes Water Transmission Main – Phase I (Tuskawilla Road to S.R. 426), with Garney Construction, Inc. of Kansas City, MO ($50,361.19) (Time Extension).
25. Award CC-1208-03/BJC Contract, as shown on page _______, Northeast Service Area Flow Meter Replacement to Interstate Engineering Corp. of Boca Raton, FL ($443,000.00).
26. Approve Amendment #3, as shown on page _______, to M-303-02/BJC – County Services Building (CSB) parking and drainage improvements project, with Bowyer-Singleton and Associates of Orlando ($5,800.00).
27. Award CC-1210-03/BJC Contract, as shown on page _______, Orange Boulevard Hydraulic Loop Project, to Prime Construction Group, Inc. of Orlando ($449,458.00).
28. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for CC-1205-03/BJC – Seminole County Property Appraiser Computer Room Renovation, with Stieren Construction, Inc. of Longwood.
29. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for CC-1184-02/BJC – Seminole Osceola Road Landfill Roadway, with Gibbs & Register, Inc. of Winter Garden.
30. Approve Amendment #1, as shown on page ________, to PS-5101-01/BJC increasing the Not-to-Exceed amount - Professional Services for the Design and Environmental Permitting of the Cross Seminole Trail South – Phase I (Orange County to Mikler Road), with Dyer, Riddle, Mills & Precourt, Inc. of Orlando ($36,596.42).
31. Approve ranking list for PS-5137-03/BJC – Master Agreement for Architectural, Engineering Services and CEI Services for the Design of Fire Station #13, Seminole County; and award a Master Agreement, as shown on page _______, to Starmer, Ranaldi, Planning and Architecture, Inc., Winter Springs (Not-to-Exceed $150,000.00).
32. Authorize Negotiations and Award Master Agreements, as shown on page _______, for PS-5145-03/BJC – Master Agreement for Consulting Services for Engineering Financial Services for Water, Wastewater, and Reclaimed/Reuse Systems to Black & Veatch Corporation of Orlando; Hartman & Associates, Inc. of Orlando; Malcolm Pirnie, Inc. of Maitland; and PBS&J of Orlando (Not-to-Exceed $50,000.00/per year).
33. Approve ranking list for PS-5139-03/BJC – Master Agreement, as shown on page _______, for Professional Engineering Services for Markham Woods Road Potable and Reclaimed Water Mains, and award a Master Agreement to Inwood Consultant Engineering of Oviedo (Not-to-Exceed $300,000.00).
34. Approve Amendment #4, as shown on page _______, to PS-572-00/BJC – Engineering Services for Markham (fka Paola) Regional Water Treatment Plant, with PBS&J of Orlando (Time Extension).
35. Approve Amendment #1, as shown on page ________, to PS-575-00/BJC – Flagler Trail Surveying Services, with Southeastern Surveying & Mapping of Maitland (November 30, 2003 through November 29, 2004).
36. Award the First Renewal for RFP-4165-02/BJC – Services related to coordination and acquisition for the County’s Natural Lands, Trails, Greenways and Community Development Programs, with The Triece Company of DeBary (Not-to-Exceed $150,000.00/year) (September 21, 2003 through September 20, 2004).
37. Award RFP-4195-03/DRS Contract, as shown on page _______, Traffic Data Collection Program, to Traffic Count Resources of Oviedo (Not-to-Exceed $109,850.00/year).
38. Approve deviations to the standard contract language for RFP-4185-03/JVP – Term Contract for Library System Copier/Printing Management, with Lanier Worldwide, Inc., Orlando (Contract Language Change).
39. Approve Amendment #1, as shown on page ________, to RFP-4132-01/JVP – 911 Digital Recording Equipment Purchase and Maintenance Agreement, with Exacom Inc., Concord, NH ($44,250.84).
40. Approve Fourth Renewal of M-138-00/BJC – Radio Maintenance and Service Agreement, with Motorola, Inc. of Altamonte Springs ($298,284.24) (October 1, 2003 through September 30, 2004).
66. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Central Florida Sports Commission for the 2003 Got Milk? 3x3 Soccer Shootout Regional Championship event in the amount not to exceed $15,000.
67. Approve and authorize Chairman to execute the 2003 ISA Class B World Championships Agreement, as shown on page _______, between Seminole County and Orlando-Cocoa ISA in the amount of $3,000.00.
Districts 1, 2, 3, 4 and 5 voted AYE.
Discussion ensued with regard to Item #19, Request to refinance the Solid Waste Revenue Bonds and the Tourist Development Tax Bonds.
Commissioner Morris stated he believes there are other alternatives that need to be considered and suggested staff come back during the Budget Work Sessions for further discussion. He said one of the things the Board needs to decide is whether they should use the $18 million for rate stabilization funding.
Commissioner Van Der Weide agreed and stated he was surprised that this item was on the consent agenda. He concurred that more discussion is needed.
Commissioner Henley stated he shares the Commissioners’ concerns and does not see a big rush to approve this item.
The Board directed Mr. Grace and staff to bring this item back to the Board, with additional alternatives, at their Budget Work Session scheduled for this week.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve and authorize the following:
68. Approve settlement and execute Subordination of Utility Interest Agreement, as shown on page _______, between the County and City of Sanford, relating to Parcel Numbers 102, 111 and 112, of the East Lake Mary Boulevard Segment I road improvement project.
69. Approve settlement and execute Subordination of Utility Interest Agreement, as shown on page _______, between the County and Progress Energy Corporation f/k/a Florida Power Corporation, relating to Parcel Number 126, of the Wymore Road, road improvement project.
70. Approve settlement and execute Subordination of Utility Interest Agreement, as shown on page _______, between the County and Florida Power & Light Company, relating to Parcel Numbers 206/706/806, 208/708, 209/709/809, 216, 222 and 228/828A/B, of the Lake Mary Boulevard Phase IIB road improvement project.
71. Cheri Olson f/k/a Cheri Adamson f/k/a Lynda Sharon Buffaloe Property - Approve and authorize Chairman to execute Purchase Agreement, as shown on page _______, relating to Parcel Numbers 231/831 of the East Lake Mary Boulevard Phase IIB road improvement project, located at 2531 Cameron Avenue, Sanford, in the amount of $57,375.00 with no attorney’s fees or expert costs incurred.
72. Authorization to settle St. John’s River Water Management District and Seminole County v. Continental Aerial Surveys, Inc. of Florida, et al, by execution of general release in full of all County and District claims and a subsequent stipulated dismissal by all parties upon payment of a total settlement sum of $66,666.00 to the County and $33,333.00 to the District.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris briefly discussed the Winter Springs annexation court case that the County lost.
County Attorney, Robert McMillan, advised he has met with Planning & Development Director, Don Fisher, and they are reviewing options.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated June 17, 24, July 1 & 8, 2003; and Payroll Approval Lists, as shown on page _______, dated June 14 & 28, 2003, 2003.
2. Chairman to execute Satisfactions of Judgment for the following Court costs:
Precious Felicia Brooks, #98-4552-MMA - $113
Malcoln Trent Barnett, #00-74-CFA - $328
Jimmie D. Harvey, #94-1-CFA - $253
Cary Louis Oubre, #95-1682-CFB - $105
3. Chairman to execute Satisfactions of Judgment for the following Bail Bond Liens:
Richard G. Greene & Accredited Surety & Cas. Ins. - $2,038
John Benjamin Horn & Accredited Surety & Cas. Ins. - $2,038
Craig Vinson Brown & Roche Surety & Cas. - $538
Craig Vinson Brown & Roche Surety & Cas. - $788
Alvaro Pablo Casares & Accredited Surety & Cas. Ins. - $1,038
Michel Nigro & Accredited Surety & Cas. - $1,038
Mark Russell Tyson & Lexington Nat. Ins. - $201
4. Chairman to execute Satisfaction of Judgment for Indigency Fee for James Marshall Simmons, #00-2903-CFA in the amount of $40.
5. Chairman to execute Satisfactions of Judgment for the following Public Defender Liens:
Jason Michael Atwater, #02009280MMA - $150
Malcoln T. Barnett, #00000074CFA - $100
Richard Brandenberg, #00003103CFA - $200
Herbert A. Dixon, #871270CFA - $350
Herbert Andrew Dixon, #87001270CFAVOP - $50
Herbert Andre Dixon, #98000545CFA - $200
Michael Gerrity, #843286MM - $50
Michael Henley, #02010555MM - $260
Irvin Johnson, #02010562MM - $100
Richard Joseph Justice, #02000310MM - $200
Thomas Patrick Kenny, #8701896CFA - $450
Thomas Patrick Kenny, #G87001896CFA - $50
Thomas Patrick Kenny, #90009364MM - $50
Robert Lederer, Jr., #02009558MM - $260
Brian Charles Lott, #03002471MMA - $260
Milad Mehdi, #02003597MMA - $360
Lonnie Raines, #97001353CFA-2 - $25
Dennis Michael Reagan, #01001459CFA - $200
Averyian Richardson, #02009591MM - $100
Lael D. Silsby, #99013080MM - $100
Garry Lloyd Sooman, #94003656CFA - $200
Virgil Lartissa Thompkins, #02003396MM - $260
David Wallace Vick, #03002760MMA - $260
Steven Douglas Vigoa, #02004708CFA - $200
Joe Henry White, #96001944MM - $200
Joe Henry White, #96005160MM - $100
Joe White, #96001897CFA - $200
Lawrence Williams, #02009423MMA - $260
Vandell Williams, #99002212CFA - $350
Richard Brian Willis, #93012324MM - $200
6. BCC Official Minutes dated June 10, 2003.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received & filed”:
1. Memoranda from County Manager, Kevin Grace, RE: Capital Project Fund Transfers for Markham Woods Road, Lake Emma Road, and Cross Seminole Trail.
2. Development Orders, as shown on page _______, as follows: William Tyre; Jeffrey Seward; Jeannette Maureen; Sid Monzadeh; John McNamara; Outback Steakhouse of Fla., Inc; Glenn Falcon; Wynner Lowery; Deborah Mitchell; Jason Bond; Christopher Young; Joyce Nickle; Kimberly Watson; Robert Risner; Loretta White; Robert Bernard; James Book; Michael Dunlop; June Pitti; Spanish Congregation of Jehovah Witnesses; Rex Price; Dixie Abramson; 591 Brookfield Loop; James Neidhart; Michael Judd; Diana P. Secor; Cornerstone Church of Orlando; John Harris; Kenneth Jacobs; and Anna Alvarez.
3. Madison Place PUD Developer’s Commitment Agreement, as shown on page _______, for Tom Daly as approved by the BCC on November 26, 2002.
4. Family Entertainment Center PCD Developer’s Commitment Agreement, as shown on page _______, as approved by the BCC on January 27, 1998.
5. Notice of Satisfactions of Connection Fees, as shown on page _______, relating to Conditional Utility Agreements for: James Hattaway; Colonial Town Park Building B3/Colonial Realty LP; Colonial Town Park Building C1; and Colonial Town Park Building C-4.
6. Conditional Utility Agreements, as shown on page _______, for water and sewer with Pulte Homes Corporation.
7. Bill of Sale & Acceptance Letter, as shown on page _______, for water & sewer system within Monroe Commerce Center South.
8. Conditional Utility Agreements, as shown on page _______, for water & sewer for Colonial Realty, Ltd., for Building C2.
9. Conditional Utility Agreements, as shown on page _______, for water & sewer for Colonial Realty, Ltd., for Building C3.
10. Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution Delivery & Spray Easement for Heathrow International Center Owners Association.
11. Memoranda from Kevin Grace, County Manager, to Bob McMillan, County Attorney; Ray Hooper, Acting Fiscal Services Director; and Don Fisher, Planning & Development Director RE: outstanding BCC documents.
12. Documents for RFP #4158/Employee Benefits, as shown on page _______, as approved by the BCC August 13, 2002.
13. Cash Maintenance Bond, as shown on page _______, for water & sewer for Regency Centers in the amount of $2,090.
14. Third Amendment to Agreement, as shown on page _______, for DB-60500, Juvenile Justice Center with The Collage Companies/Scott Partnership.
15. W.O. #3, as shown on page _______, to PS-559-00, CPH Engineers, Inc.
16. C.O. #10, as shown on page _______, to FC-1123-00, Wharton-Smith, Inc.
17. Letter from Lonnie Groot, Attorney, dated June 23, 2003, transmitting notices RE Hawthorn Glen Rezoning Application.
18. First Amendment, as shown on page _______, to Groundwater Monitoring Services, M-356-03, for Hospital Road Site.
19. W.O. #7, as shown on page ______, to PS-373-97, Singhofen & Assoc.
20. County Road Bond, as shown on page _______, in the amount of $240,000 for Bishop & Buttrey, Inc. Club II Borrow Pit.
21. Letter from Lonnie Groot, Attorney, RE: public records request for Hawthorn Glen proposed rezoning.
22. NW Oregon PUD Addendum #1 to Developer’s Commitment Agreement, as shown on page _______.
23. Letter from Lonnie Groot, Attorney, RE: Hawthorn Glen proposed rezoning.
24. Letter from Mary Beth Wilkinson, Nabors, Giblin & Nickerson, P.A., transmitting recorded Interlocal Agreement, as shown on page _______, with Orange County & Resolution RE: Orange County Industrial Development Authority Variable Rate Demand Revenue Bonds (Christian Prison Ministry, Inc. Project 2002).
25. C.O. #7, as shown on page _______, to FC-1142, Bergeron Land Dev.
26. First Amendment, as shown on page _______, to M-370-03, Tigerbrain Eng., Inc.
27. RFP-4172-02, as shown on page _______, Scale House Management.
28. First Amendment to W.O. #5, as shown on page _______, to PS-5116-02, Keith & Schnars, P.A.
29. First Amendment, as shown on page _______, to W.O. #54 to FC-1139, JCB Construction, Inc.
30. Memo from Buddy Balagia, Community Development, to Sandy McCann, Commission Records, RE: outstanding Community Resources documents.
31. First Amendment, as shown on page _______, to Lease/Maintenance Agreement for Landfill Equipment - A/B-3002-JVP.
32. Utility Easement, as shown on page _______, with Regency Realty Corp.
33. Letter of Credit, as shown on page _______, in the amount of $144,599.15 for The Trails Unit 1.
34. First Amendment, as shown on page _______, to W.O. #59 for FC-1139-00, Central Florida Environmental Corp.
35. C.O. #1, as shown on page _______, to CC-1190-02, Garney Construction, Inc.
36. C.O. #1, as shown on page _______, to CC-1194-02, Stately Contractors, Inc.
37. Memorandum from Debra Edge, County Attorney’s Office, RE: deed for Darrell Leidigh approved by the BCC on March 13, 2002 and transmitting Temporary Easement Agreement, as shown on page _______, for same.
38. U.S. Dept. of the Interior, USGS Joint Funding Agreement, as shown on page _______, for Water Resources Discipline.
39. W.O. #3, #4 & #5, as shown on page _______, to RFP-4173-02, American Acquisition Title, Inc.
40. W.O. #9, as shown on page _______, to RFP-4109-01, Kessler Consulting, Inc.
41. W.O. #15 & 16, as shown on page _______, to PS-551-00, Environmental Management Systems, Inc.
42. Copy of letter from Chairman McLain to Sandy Robinson, School Board Chairman, requesting appointments to the VAB.
43. Audit Report #03-195, Seminole County District School Board.
44. Amendment to Conditional Utility Agreement, as shown on page _______, with Crystal Photonics, Inc.
45. Conditional Utility Agreement, as shown on page _______, for water with Arthur V. & Patricia A. Keller.
46. Conditional Utility Agreements, as shown on page _______, for water & sewer with Butler Ridge Development, Inc.
47. Letters from Thelma McPherson, Casselberry City Clerk, RE: Ordinances #03-1084 and #03-1085 - annexations.
48. W.O. #50 & 51, as shown on page _______, to PS-590-01, Professional Engineering Consultants, Inc.
49. Fourth Amendment, as shown on page _______, to PS-576-00, Professional Engineering Consultants, Inc.
50. First Amendments, as shown on page _______, to W.O. #2 & #3 to PS-537-99, Bowyer-Singleton & Assoc., Inc.
51. W.O. #65 & #66, as shown on page _______, to FC-1139, Central Florida Environmental Corp.
52. Appraisal Services Agreement (M-381-03), as shown on page _______, Florida Realty Analysts, Inc.
53. W.O. #52, as shown on page _______, to PS-590-01, Inwood Consulting Engineers.
54. W.O. #7, as shown on page _______, to PS-5130-02, Ardaman & Assoc., Inc.
55. W.O. #13, as shown on page _______, to PS-586-01, S2L, Inc.
56. First Amendment, as shown on page _______, to W.O. #55 for FC-1139-00, Central Florida Environmental Corp.
57. W.O. #2, as shown on page _______, to PS-5135-02, GMB Engineers & Planners, Inc.
58. Copy of Memorandum dated July 3, 2003 to Dixie Haller, Planning & Development, from Sandy McCann, Commission Records, RE: Outstanding P&D Documents.
59. Eighth Amendment, as shown on page _______, to PS-331-95/BJC, Lochrane Engineering.
60. W.O. #8, as shown on page _______, to RFP-4123-01, Atlas Scientific Technologies, Inc.
61. Memorandum dated July 3, 2003 from Public Risk Management of Florida, transmitting Intergovernmental Cooperative Agreement, as shown on page _______, for the City of Lake Mary, City of Longwood and City of Oviedo.
62. Bids for: RFP-4191-03; RFQ-0124-03; #291-03; CC-1211-03; CC-1214-03; and RFP-4197-03.
Planner Denny Gibbs addressed the Board to present request from Ebrahim & Tammy Hamzehloui to exchange the 15’ x 35’ northerly portion of the vacated right-of-way of Main Street adjacent to Lots 4 & 5, Block 41, Sanford Farms for the 15’ x 35’ southerly portion of the vacated right-of-way of Main Street adjacent to Lots 4 & 5, Block 41, Sanford Farms, a County-owned parcel. Proof of publication, as shown on page _______, was received and filed. The right-of-way was vacated May 13, 2003 and half of the property went to the applicants and half to the County. The County parcel is part of the Seminole Natural Lands Black Bear Wilderness Area. She added the applicant has agreed to pay associated advertising and recording fees. Staff recommends approval.
District Commissioner McLain recommended approval.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-122, as shown on page _______, approving exchange, County Deed, as shown on page _______, of the 15’ x 35’ southerly portion of the vacated right-of of-way of Main Street adjacent to Lots 4 & 5, Block 41, Sanford Farms for the 15’ x 35’ southerly portion of the vacated right-of-way of Main Street adjacent to Lots 4 & 5, Block 41, Sanford Farms, Ebrahim & Tammy Hamzehloui; and Exchange of Property Agreement, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
Planner, Earnest McDonald, addressed the Board to present request for a minor amendment to The Springs PUD to allow the encroachment of a ground sign into the required 50-foot buffer along Markham Woods Road, Maryse Lobean. Staff recommends approval of the request.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve minor amendment to The Springs PUD to allow the encroachment of a ground sign into the required 50-foot buffer along Markham Woods Road, Maryse Lobean.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Chairman announced that staff has requested that Item #87, Comp Plan Amendment/Greenways & Trails Master Plan & Linkages, be withdrawn at this time. He advised that the applicant for Item #86, Request for rezone/George Parker, has requested that item also be withdrawn. Also, staff has asked that Item #84, Capital Improvements Element Annual Update, be continued until August 12, 2003 at l:30 p.m.
The Chairman stated that with regard to the 7:00 p.m. Public Hearings, staff has requested that Item #91, Amendment/Lake Jesup and Item #92, Comp Plan Amendment/2003 Spring Cycle, be continued until August 12, 2003 at 7:00 p.m.
Mr. Grace advised if the Board has no objections, staff will contact interested parties to advise them of these withdrawals and continuances.
The Board, thereupon, recessed at 9:55 a.m., reconvening at 10:06 a.m.
Director of Administrative Services, Jamie Croteau, addressed the Board to advise staff has reviewed the new proposal presented to the Board on May 27, 2003 by the City of Sanford and Suncor Properties for the new convention center. She briefly reviewed the funding alternatives, both showing a deficit in the tourism fund with either a 3 pennies tax or 4 pennies tax.
Mayor Brady Lessard, City of Sanford, addressed the Board to state the City is ready to proceed with the proposal by Suncor.
Bob Hory, Suncor Properties, addressed the Board to advise since the first proposal, he has listened to suggestions to increase the amenities and he has done that. The total cost now, because of that increase and increase in bonding, is $12.5 million.
Upon inquiry by Commissioner Henley, Mr. Hory advised he will be trying to obtain private funding and CRA-backed bonds. Discussion ensued.
Mr. Hory stated he does not have to own the facility. Mayor Lessard stated that the City is not opposed to owning it. He added that they are requesting the County enter into negotiations with Suncor and the City in order to work out all the details and then bring an agreement back to the Board for consideration.
Commissioner Morris stated he has supported a convention center since the beginning, but he does not believe this proposal meets the needs of the original goals. He said the County may need to go in a “hold pattern” because of deficit funding. He further said he will not be supporting moving forward with this proposal and believes the project needs to be put on a permanent hold until the County tourism recovers and financing is more stable.
Commissioner Maloy stated he has been in opposition to the convention center and the Central Florida Hotel Association has also been in opposition to the center being located in Sanford. He added he believes it is time to say “thanks but no thanks” and maybe look at it again when the tourist industry turns around.
Commissioner Van Der Weide said in his opinion the location is not the issue. He stated that he believes the project has evolved to the point that it does not remotely resemble the original goals. He added the financing is a real problem and he would not be supporting the proposal at this time. He recommended putting this item on hold indefinitely until a first-class facility can be financed.
The Chairman advised the consensus of the Board is that at this time the financing does not make this project feasible to move forward; and at this point the Board will disengage staff from working on this until further notice.
Mr. Grace requested Board action to terminate the contracts with the owner’s representative and the architect.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to terminate contracts with Burke, Hogue & Mills Assoc., Inc. (Architect) and Cumming McGillivray LLC (Owner’s Representative). Termination Letters, as show on page _______, were received and filed.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris voted NAY.
Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize filing the proofs of publications for today’s scheduled public hearings.
Districts 1, 2, 4, and 5 voted AYE.
AMENDMENT OF LAND DEVELOPMENT CODE
AND SEMINOLE COUNTY CODE
Proof of publication, as shown on page _______, calling for a public hearing to consider amending the Land Development Code of Seminole County and the Seminole County Code for Compliance with Chapter 2002-296 Laws of Florida (also known as Senate Bill 1906 of the 2002 Legislature), received and filed.
Tony Matthews, Principal Planner, addressed the Board to state the proposed ordinance will bring the terms of the Land Development Code and the Seminole County Code into compliance with Chapter 2002-296, Laws of Florida. He advised staff is recommending approval of the ordinance. He also stated that on July 9, 2003, the Local Planning Agency (LPA) unanimously recommended approval of the ordinance.
Commissioner Maloy requested that staff include the title of the statute referenced as Section 163.3215, Florida Statutes, under Sec.1.12 (c) on page 2 of the proposed ordinance.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Henley, to enact Ordinance #2003-29, as amended, as shown on page _______, amending the Land Development Code of Seminole County and the Seminole County Code for compliance with Chapter 2002-296, Laws of Florida.
Districts 1, 2, 4, and 5 voted AYE.
AMENDMENT TO COMPREHENSIVE PLAN
Proof of publication, as shown on page _______, calling for a public hearing to consider Amendment to transmit to the Florida Department of Community Affairs the proposed Capital Improvements Element of the Comprehensive Plan (Plan) amendment updating the Exhibits section, received and filed.
Chairman McLain advised a request for continuance has been received.
Dick Boyer, Planning, addressed the Board to state staff is requesting a continuance to August 12, 2003.
Motion by Commissioner Morris, seconded by Commissioner Henley, to continue to August 12, 2003, the request for approval to transmit to the Florida Department of Community Affairs the proposed Capital Improvements Element amendment of the Comprehensive Plan updating the Exhibits section; as described in the proof of publication.
No one spoke in support or in opposition.
Districts 1, 2, 4, and 5 voted AYE.
ENERGY ELEMENT FOR VISION 2020
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of proposed Energy Element for Vision 2020 - A Guide to the Journey Ahead, Seminole County Comprehensive Plan, received and filed.
Alice Gilmartin, Principal Coordinator, addressed the Board to state she received a letter (copy received and filed) from The Sustainable Communities Advisory Council (SCAC) in support of the Energy Element. She distributed copies of the letter to the Board. She stated staff is requesting the Board to enact an ordinance (at a later date) that includes this text amendment. She said there have been a few changes since the first public hearing in February that reflect statements that were made by Sam Kendall, representing The Sustainable Communities Advisory Council. The Board approved the changes that dealt primarily with energy conservation and health-related issues. The other major change is a new issue that has been added that describes the efforts of the Seminole County Extension Service and what they do to educate the public on energy conservation measures. She expressed appreciation to County staff, Tom Helle, Diane Ledford, Melonie Lung, Raphael Fernandez, Ruth Alfson, Greg Holcomb, Kim Patterson, Joe Gasparini, Dennis Westrick, and Barbara Hughes, who helped her on this element. Ms. Gilmartin said she will also be working with these staff members in the preparation of the Action Plan.
Commissioner Henley said he is pleased to see this element, and he thinks it is a step in the right direction in trying to make the public more aware of energy. He asked if there are any plans to enact any requirements on buildings that are coming up.
Mr. Grace said he thinks that whenever the County does buildings, they should look at whatever new technologies are coming, but it is hard to say the County will definitely do those things because the budget will ultimately determine what is done. Commissioner Henley said his point is that the County will probably have to go beyond the educational program and will have to approach some of this in the design standards. He thinks the staff needs to be conscious of and look for things they might eventually adopt in the Code.
Commissioner Morris said he thinks Commissioner Henley made a good point relative to trying to examine this for the larger development schemes.
Upon inquiry by Commissioner Morris, Ms. Gilmartin said to her understanding, no other local government in the State has enacted an energy element. Whereupon, Commissioner Morris said it would be nice if this could be forwarded to the various Regional Planning Councils around the state. He would be curious to know if there is commentary back to the County from the various councils. He said this is a dynamic document, and it sets a very good balance and gives nice challenges for the County government.
No one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Henley, to adopt the proposed Energy Element for Vision 2020 - A Guide to the Journey Ahead; as described in the proof of publication.
Districts 1, 2, 4, and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 to R-1AAAA located on the west side of Hyde Park Drive on the cul-de-sac of Ash Park Loop, Winter Park, received and filed.
Chairman McLain advised he has a request to withdraw this rezoning request.
Matt West, Planning Manager, addressed the Board to state the applicant, George Parker, has withdrawn this request and will pursue a variance in lieu of the rezoning.
Chairman McLain advised the Board accepts the withdrawal and no further action by the Board is needed.
COMPREHENSIVE PLAN AMENDMENT
Proof of publication, as shown on page _______, calling for a public hearing to consider transmittal of the text amendment to the “Greenways and Trails Master Plan” and “Greenways and Trails Linkages” plan of the Seminole County Comprehensive Plan to the Department of Community Affairs for review, received and filed.
Chairman McLain advised he has a request from the staff to continue this item.
Mr. West said this request was withdrawn in an effort to reexamine the map as proposed. This is a voluntary issue that staff was proceeding with. It can be processed with the next plan amendment cycle.
Upon inquiry by Commissioner Morris, Mr. West said there were some issues about some proposed trails to be deleted, and staff needs to do further coordinating with the Natural Lands Committee. Commissioner Morris asked if it would be easier to adopt the amendment and delete the trails later. Mr. West said staff wanted to make sure they were taking the correct plan to DCA and that all the other departments and agencies are in agreement.
Commissioner Morris asked if staff were going to bring back any special language about the bypass.
Commissioner Henley asked what would be the proposed impact from adding and deleting trails. A brief discussion ensued. Mr. West reiterated that before another map is sent to DCA, they want to make sure that all the staffs agree what will and will not be deleted or added to the plan.
Commissioner Van Der Weide entered the meeting at this time.
Commissioner Morris requested staff to bring this item back in a presentation form with an analysis prior to finalization. He said the map might be easier to read if the County were broken into segments, so they can actually look a little closer. He said another key point to include is the Cross Seminole Trail and its connectivity. He said the County has some real opportunities with co-funding partners.
Chairman McLain advised this item has been withdrawn, so no further action needs to be taken by the Board.
AMENDMENT from ldr to MDR/FREE
Proof of publication, as shown on page _______, calling for a public hearing to consider Amendment from Low Density Residential to Medium Density Residential; and Rezone from R-1A to RP; located on SW corner of W. Lake Brantley Road and Magnolia Road, approximately 300” north of SR 436, received and filed.
Earnest McDonald, Principal Coordinator, addressed the Board to state the applicant proposes to convert two existing single-family homes into offices as would be allowed in the RP District. There is an emerging trend of commercial development moving northward from SR 436. The location of the subject properties along a minor collector road has reduced the desirabilities of these properties as single-family residences. Therefore, staff believes the proposed residential office uses would be more compatible with the emerging trend of development in this area. Staff is recommending approval of the request based on the conditions in the proposed development order. The Planning & Zoning Commission recommended approval with the condition for staff to determine if a wall, other than a masonry wall, would be appropriate as a component of the required buffer. Mr. McDonald said staff has investigated and believes the intent of the Code for this type of rezoning is to minimize the impacts of increased intensity between residential and office uses. Staff further believes that a masonry wall would be appropriate to minimize the impact of additional vehicles and the associated noise. For this reason, staff is recommending the Board impose the standard that is required by the Code.
David Free, applicant, addressed the Board to introduce Larry Haywood, his partner in this project. Mr. Free advised he has two requests. He said the Board needs to define the word “professional.” He said he considers a chiropractor or a single dentist as a professional. He asked for clarification of this term. Secondly, he said the plan calls for a concrete wall in the back. He said if they build a concrete wall, there is no other one in the entire neighborhood, but there are wood fences. He said they circulated earlier a picture (copy received and filed) of a wood fence that they are recommending and it is a top-of-the line product. He referred to the site plan and described how they are proposing to place the wood fence. He asked the Board to allow them to put up the wood fence with bushes on the outside and inside to buffer any noise, and to add the wording “medical specialties” in the development order that would not be high traffic generators.
Upon inquiry by Commissioner Van Der Weide, Mr. McDonald explained that general practitioners usually generate more traffic than specialized practitioners do. Staff feels a general practitioner at the subject location, given the number of parking spaces on the two sites, would be inappropriate. Whereupon, Commissioner Van Der Weide said he agrees and believes the specialties must be defined more clearly.
Commissioner Van Der Weide said he would not like anything else other than a concrete wall. He asked Mr. McMillan for suggestions in order to give the applicant some flexibility in choices for the site.
Mr. McMillan said the staff will need to tie it to something other than some vague definition. He asked Mr. Fisher if he could suggest any medical office that generates a certain traffic level based on traffic engineering studies or something more specific. He said he would hesitate on the Board doing the rezoning now and then later try to exclude something specifically because the Board decided they didn’t want that activity. He said the Board needs to tie down what will or will not meet the requirement so there is no controversy later.
Don Fisher, Planning & Development Director, addressed the Board to state Condition (3)a. in the proposed Development Order could be amended to replace “medical offices shall be excluded” with “other special uses would require approval of the Board of County Commissioners.” He said that would be consistent with the RP zoning regulations that makes provision for special uses to be approved by the Board.
Commissioner Maloy discussed with Mr. Free that he now has a chiropractor as a client and possibly a dentist.
Commissioner Maloy discussed with Mr. Fisher and Mr. McMillan what is allowed under the RP zoning.
Commissioner Van Der Weide stated, as the District Commissioner, he is willing to address the chiropractor issue, but he is not willing to include two or three more medical offices at this time. He said he would have no problem with the applicant coming back later with a request and see if that could be worked out. However, he thinks the wood fences would be a disaster. He said he is familiar with the area and he does not want to create a parking problem.
Commissioner Morris recalled the situation the Board had with the approval of a chiropractor office on SR 434 and Tollgate. He said the neighborhood saw this as a blight condition because of the parking problem and this went to court.
No one spoke in support or in opposition.
Copies of three letters in support of allowing a wood fence were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to enact Ordinance #2003-30, as shown on page _______, amending the Future Land Use Map from LDR (Low Density Residential) to MDR (Medium Density Residential) and Ordinance #2003-31, as shown on page _______, rezoning from R-1A (Single Family Dwelling District) to RP (Residential Professional District) two lots totaling 0.70 acres located at the southeast corner of West Lake Brantley Road and Magnolia Road; with the condition of granting the use of a chiropractor office at this time, but other medical uses must come before the Board of County Commissioners for approval; and approval of amended Development Order, as shown on page _______, including installation of the concrete wall; as described in the proof of publication, David Free.
Under discussion, Mr. Fisher stated he will amend the language “medical offices shall be excluded” in the Development Order, to read, “other uses may be considered and approved by the Board of County Commissioners.”
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman McLain advised a request (copy of letter was received and filed) has been received from the applicant to continue Item #90, Comprehensive Plan Amendment and Rezone for James H. Fant. The Board had no objections to considering a continuance of this item at tonight’s public hearing. Whereupon, Chairman McLain asked Mr. Grace to notify the appropriate individuals of the Board’s intention to continue this item.
The following Communications and/or Reports were received and filed:
1. Letters dated 6/20/03 from Bill Suber, Property Appraiser, re: 2003 Preliminary Taxable Value of the Districts to: Chairman McLain (17-92 Community Redevelopment Districts 04 & G4); Altamonte Springs Mayor Russell Hauck (Altamonte Springs Community Redevelopment District A2); Casselberry Mayor Bruce Pronovost (Casselberry Community Redevelopment Districts C2 and 17-92 Casselberry Redevelopment District C4); Lake Mary Mayor Thomas Greene (17-92 Lake Mary Community Redevelopment District M4); Sanford Mayor Brady Lessard (Seminole Towne Center Community Redevelopment District S2, Sanford Downtown Waterfront Community Redevelopment District S3, and 17-92 Sanford Community Redevelopment District S4); and Winter Springs Mayor John Bush (17-92 Winter Springs Redevelopment District W4).
2. Letters dated 6/20/03 (with attachment) to Chairman McLain from Bill Suber, Property Appraiser, re: values of the taxing jurisdictions for the Board of County Commissioners; Seminole County Fire District; Seminole County Road Improvement District; and Seminole County Stormwater Management.
3. News Release dated 6/24/03 from National Assoc. of Regional Councils (NARC), Washington, DC, re: announcement of Commissioner Randall C. Morris as Vice-President of the NARC Board.
4. Memorandum dated 6/20/03 to Chairman McLain from Commissioner Morris re: his support of 6/24/03 BCC Agenda Items #61 Proposed Property Exchange-Bill Ray Nissan/Spring Hammock, and #62 Seminole Wekiva Trail.
5. Copy of letter dated 6/20/03 to Darrell Kelley, Enterprise Florida, from Chairman McLain re: expansion and possible relocation of Unicell, Inc.
6. Notice of Seminole County BCC 7/22/03 public hearing re: West Lake Brantley Rd. SSFLU Amendment & Rezone. (cc: Property Appraiser, Elections Supervisor)
7. E-mail dated 6/20/03 to BCC from Bill McDermott, Economic Development Director, re: release of employment and unemployment figures for May 2003.
8. E-mail dated 6/24/03 to BCC from Ronald Rickerds re: County Towing Ordinance.
9. Notice of City of Longwood 7/9/03 (small scale) Future Land Use Amendment public hearing re: North St. and CR 427 (National Autocraft Mfg. and Circle K. Stores). (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
10. Minutes of the 6/19/03 Seminole County Public Safety Coordinating Council.
11. Notice of 6/30/03 Seminole Soil & Water Conservation District Budget Workshop.
12. E-mail dated 6/26/03 to BCC from Joe DeSousa re: appreciation for BCC support of the Arts in Seminole County.
13. Letter dated 6/20/03 to Chairman McLain from Bob Dallari, Oviedo City Council Chairman, re: appreciation for BCC support of United Arts and the Helen Stairs Theatre. (cc: BCC, County Managers)
14. Letter dated 6/24/03 (with attachment) to BCC from Cynthia Porter, Sanford Deputy City Clerk, re: Sanford Ordinance #3787-Annexation of property between Washington St. and SR 46/between N. Cameron Ave. and Beardall Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
15. Letter dated 6/26/03 to BCC from Ronald A. Harbert, Mateer & Harbert PA, re: support for ORHS Level One Trauma Center. (cc: BCC, County Managers)
16. Notice of City of Lake Mary 7/17/03 vacate & abandon public hearing re: H. D. Durants ADD. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
17. Notice of FL Dept. of Transportation 7/15/03 public information meeting re: SR 500/US 441.
18. Notice of City of Lake Mary 7/17/03 rezone public hearing re: Lake Mary Woods Ph. IV. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
19. Letter dated 6/20/03 (with attachment) to Chairman McLain from Thelma McPherson, Casselberry City Clerk, re: Casselberry Ordinance #03-1084-Annexation of 2904 Lakeview Dr. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
20. Letter dated 6/20/03 (with attachment) to Chairman McLain from Thelma McPherson, Casselberry City Clerk, re: Casselberry Ordinance #03-1085-Annexation of Belle Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
21. Letter received 6/30/03 to BCC from Ann Williams and Anthony L. Brooks, Wavie’s Bar, re: proposed Amendment to the Alcoholic Beverage Ordinance. (cc: County Manager, County Attorney, Sheriff)
22. Memorandum dated 6/5/03 (with attachment) to BCC from Robin Butler, Traffic Engineering, re: Red Light Confirmation Lights.
23. E-mail dated 6/24/03 to Commissioner Maloy from Tracy Duda, A. Duda & Sons, re: opposition to proposed development on Mikler Rd.
24. E-mails (various dates) to BCC re: opposition to Hawthorn Glen Townhouse project from William & Robin Morrissey; Philip A. Triano; Irmel Wheeler; Don Wheeler; Michelle Haug; Mark N. Thomas; Bill Cekala; Peter Blackshaw; Elaine Powell; Richard & Virginia Richmond; Larry & Cynthia Tanney; Caroline Thomas; Scott & Deirdre Jones; Barbara Bray; Pothen & Anne Abraham; Carol Savchuk; Abol & Debbie Moulavi; and petition with 55 signatures.
25. E-mails (various dates) to BCC re: opposition to proposed dog kennel on Tuskawilla Rd. from Jacqueline Rapale; Patricia D. McGee; Pete & Corinna Cruz; Ricky & Debbie Akin; Roberto & Ana Guzman; Dana Myers; Keith Bryan; Margaret Pape; Fanchea Begley; Pat Begley; Wendy Acha; Anita Van Allen; and Terry DeLong.
26. E-mail dated 6/24/03 to BCC from PTS News Service re: medical malpractice insurance crisis.
27. Memorandum dated 6/30/03 to BCC from County Manager Grace re: Capital Project fund transfer $50,000-Cross Seminole Trail South Ph. I.
28. Memorandum dated 6/30/03 (with attachment) to BCC from Fran Sullivan, Tourism Development, re: approved minutes of 6/12/03 Tourist Development Council meeting.
29. E-mail dated 7/2/03 to BCC from John Taylor, Information Technologies, re: projected 7/2/03 network outage along Seminole Blvd.
30. E-mail dated 7/1/03 to Chairman McLain from Tracy Suber, FL Dept. of Community Affairs, re: Governor’s Executive Order for Protection of the Wekiva River Basin area.
31. Memorandum dated 7/3/03 (with attachment) to BCC from Alice Gilmartin, Transportation Planner, re: LYNX comparison of van and bus costs.
32. Copy of letter dated 6/23/03 to Susan Pringle from Ken Roberts, Public Safety Director, re: appreciation of donation to Animal Services Division.
33. Letter dated 6/26/03 (with attachment) to Chairman McLain from Tom Percival, Jr., FL Dept. of Transportation, re: 7/29/03 Public Information Workshop on SR 415 from SR 46 to SR 44, Seminole and Volusia Counties. (cc: County Manager, Deputy County Manager [RF], Public Works Director, County Engineer)
34. Letter dated 6/23/03 to Chairman McLain from Teresa Tinker, Policy Coordinator for Governor Jeb Bush, re: SB 676. (cc: BCC, County Managers, County Attorney)
35. Copy of letter dated 6/30/03 to Congresswoman Corrine Brown from Commissioner Atlee Mercer, Osceola County BCC, re: LYNX concerns. (cc: BCC, County Managers, Public Works Director, Transportation Planner)
36. Notice of City of Oviedo 7/21/03 public hearing-Annexation of property south of Mitchell Hammock Rd. and east of SR 426 (Oviedo Congregation of Jehovah’s Witnesses). (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
37. E-mails (various dates) to BCC re: support of Level One Trauma Center from Deanna Snyder, RN; Robert & Paige Woodall.
38. E-mail dated 7/5/03 to BCC from PTS News Service re: support of medical malpractice insurance reform.
39. E-mails (various dates) to BCC re: opposition to proposed construction of Wal-Mart Superstore at Mikler and Red Bug Lake Rd. from Julie & Corey Rau; Marie C. Shafe; Peter DeRosa; Adria D. Clark; Anne H. Burns; Patricia R. Osborn; Arsenio Calle; Carol & Jeff Zimmerman; and Marilyn & Bob Pagliaro.
40. Letter dated 7/3/03 to BCC from Mike McDaniel, FL Dept. of Community Affairs, re: requirements enacted by the FL Legislature necessitating amendments to Seminole County 2004 Comprehensive Plan. (cc: County Manager, Planning & Development Director, Planning Manager)
41. Notice of 7/18/03 Health Council of East Central Florida, Inc. meeting.
42. Minutes of the 6/19/03 Seminole County Historical Commission meeting.
43. Notice of 7/9/03 Sanford Waterfront Master Plan Steering Committee meeting and tour of Riverwalk Ph. I.
44. Letter (with attachment) dated 6/30/03 to Chairman McLain from John Saboor & Doug Barclay, Central Florida Sports Commission, regarding June activities report.
45. WaterWatch, Vol. 3, No. 7 July 2003 edition of the SJRWMD Government Monthly Mailer.
46. Copies of form letter from Commissioner Ted B. Edwards, Orange County BCC, and incoming Chairman of MetroPlan Orlando, re: 7/31/03 executive-level Traffic Incident Management Forum to Sheriff Don Eslinger; Fire Chief Terry Schenk; Public Safety Director Ken Roberts; Public Works Director Gary Johnson; and Traffic Engineer Melonie Barrington.
47. Public Notice of Dept. of the Army-Jacksonville District Corps of Engineers permit application from Keewin Real Property Co. for development on Vihlen Rd. (cc: County Manager, Deputy County Manager [RF], Public Works Director, County Engineer, Stormwater Manager, Planning & Development Director, Planning Manager, Development Review Manager)
48. E-mail dated 7/3/03 to BCC from Lakshmi Sankaran re: prescribed small burns at the Lake Proctor Wilderness Area beginning 7/7/03 and continuing through July 2003.
49. Copy of letter dated 7/2/03 to Commissioner Maloy from Deborah Schafer, Southeast Seminole County Voters Association, re: protection of rural areas in Comp Plan, JPA with City of Oviedo, and Chuluota Non-Residential Design Standards.
50. E-mail dated 7/08/03 to BCC re: support of the Level One Trauma Center from Nancy Darville.
51. E-mails (various dates) to BCC re: medical malpractice liability reform from Glen Davis, MD.
52. E-mails dated 6/25/03 to BCC re: opposition to proposed dog kennel on Tuskawilla Rd. from Trisha McGee and Terry DeLong.
53. E-mails (various dates) to BCC re: opposition to Hawthorn Glen Townhouse project from David Rosson; Barbara and David Bray; Mary Guy Warren; and Mtree67@aol.com.
54. Copy of letter dated 6/16/03 (with attachment) to Tony Matthews, Planning Division, from Charles Gauthier, FL Dept. of Community Affairs, re: Public Schools Interlocal Agreement. (cc: County Manager, BCC)
55. Notice of City of Longwood 7/21/03, 8/04/03 public hearings re: properties on North St. and CR 427. (cc: County Manager, Planning and Development Director; Planning Manager; Elections; Property Appraiser)
56. Copy of letter dated 7/08/03 to Ronald L. Reeves, MD, from County Manager Grace re: Medical Examiner Services in Seminole County.
57. Notice of 7/16/03 Seminole County Port Authority (SCOPA) regular board meeting.
58. E-mails (various dates) to BCC re: opposition to proposed construction of Wal-Mart Superstore at Mikler and Red Bug Lake Rd. from: Don and Laurie Magyar; Peter DeRosa; Carole and Byron Giltz; Chet R. Osborn; Pat Hanavan; Kris Siegmundt; Sandy Swyers, Charli Hollingshead; Jim and Jean Foley; Susan Kastrinos; Robert and Shirleyann Hughes; David Malkasian; Kristen Betancourt; and Barbara Farzee.
59. E-mail dated 7/09/03 to BCC from Dr Michael and Virginia Bibliowicz re: Proposed rezoning of Gabriella Lane.
60. E-mail dated 7/09/03 to BCC from Neil and Gayle Stanko re: Opposition to Corner Stone Church of Orlando located on the corner of Chuluota and Willingham Rd. in Chuluota.
61. Notice of 7/15/03 Sanford Airport Authority board meeting and budget workshop.
62. Copy of Memorandum dated 7/11/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submissions into County Records.
63. Copy of letter dated 7/10/03 to Commissioner Maloy from Harold Barley, MetroPlan Orlando, re: appreciation for representing Seminole County at 7/09/03 meeting.
64. Notice of City of Sanford 7/28/03 public hearing re: Annexation of property between Central Florida Greeneway and Rinehart Rd. and between Towne Center Blvd. and Rinehart Rd. (cc: County Manager, Planning and Development Director; Planning Manager; Elections; Property Appraiser.
65. E-mails dated 7/14/03 to BCC regarding opposition of County Animal Services website links to breeders and breeding information from Gloria Wade, Protectors of Companion Animals, and Joan Frazier.
66. Copy of letter dated 7/11/03 with attachment to Bill Suber, Property Appraiser, from Darrel W. Smith, FL Dept. of Revenue, re: tentative amendments and changes to 2003/04 Property Appraiser’s budget. (cc: County Manager, Deputy County Managers)
67. E-mails (various dates) to BCC re: Opposition to proposed Wal-Mart Superstore near Mikler/Red Bug Lake Rd. from Kathe Jackson; Jim and Jean Foley; Laura Traback; Richard Mastroberte; Bonnie Ebner; Georgia Parker; Ted J. Zeiher; Patricia Maddox; Heather Higgins; Micky & Frankie Higgins; and Michael Higgins.
68. E-mails (various dates) to BCC re: Support of proposed Wal-Mart Superstore near Mikler/Red Bug Lake Road from Shree Chauhan and Linda Slavik.
69. E-mail dated 7/14/03 to Chairman McLain from Craig Bair, Central Florida Regional Hospital, re: impact of medical malpractice rates on Seminole County physicians.
70. E-mails (various dates) to BCC re: opposition to proposed location of Cornerstone Church of Orlando on Willingham Rd. in Chuluota from Linda Tomeo; Gary and Shirley Exner; KNKEX@aol.com; Audrey & Judi Pater; Joe & Nancy Hussar; Chiva702@aol.com; and MyVoice511949@aol.com.
71. Copy of letter dated 7/10/03 to Chairman McLain from Kirby Green, SJRWMD, re: East Central Florida Water Supply Planning Initiative meeting on water supplies for Seminole County area. (cc: BCC, County Manager, Deputy County Managers, Public Works Director)
72. Copy of letter dated 7/11/03 (with attachment) to Chairman McLain from John Bozard, ORMC, re: Level I Trauma Center vs. Emergency Department. (cc: BCC, County Manager, Deputy County Managers).
73. E-mails (various dates) to BCC re: Support of ORMC Level I Trauma Center from Tom Scarbrough; Rod Layer; Diana Deimler; Edwin & Barbara Holt; Carol Nolan; and June Sinsar.
74. Letter dated 7/14/03 to BCC from Michael Gallagher, Heathrow Master Assoc. Board of Directors, re: support of ORMC Level I Trauma Center.
75. Copies of letters dated 7/10/03 from Ken Roberts, Public Safety Director, re: appreciation of donations to Animal Services Division from Robert Brown; Cornelia Dietzerl; and Barbara Elkes.
76. Parks & Recreation Contracts, as shown on page _______, for Services for April L. Snyder (Slow-pitch Softball Scorekeeper); and Jennifer McVay (Slow-pitch Softball Umpire).
77. Letter dated 7/11/03 to Chairman McLain from Ken Fowle, Central FL Zoological Park Board of Directors, re: continued full funding for 2003/04 by Seminole County.
78. E-mail (with attachment) dated 7/15/03 to BCC from Coury Knowles re: funding for sports awareness programs for the disabled.
79. Notice of City of Sanford 7/28/03 public hearing for annexation re: property between 13th/Blain St. and Dixie Way/SCL RR. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
80. Copy of letter dated 7/17/03 to Harry Barley, MetroPlan Orlando, from Mike Snyder, FL Dept. of Transportation, re: draft on Congestion Management System Report. (cc: BCC, County Manager, Deputy County Manager [RF], County Engineer)
81. Letter dated 7/14/03 to Chairman McLain from Al & Janice Lockyer, Mallard Systems, re: support of proposed Wal-Mart Superstore at Slavia/Red Bug Lake Rd. (cc: BCC, County Manager, Planning Manager)
82. Letter dated 7/18/03 to Chairman McLain from Richard Maladecki, CFHLA, re: opposition to Tourist Development Tax source of funding for Convention-Civic Center in Sanford.
83. Letter dated 7/17/03 to BCC from Jack & Joanne Prager re: opposition to proposed Hester Ave. rezone. (cc: County Manager, Deputy County Managers)
84. Letter dated 7/15/03 (with attachment) to Chairman McLain from W. D. Morris, Orange County Housing Finance Authority, re: 2002 Annual Report.
85. Memorandum dated 7/9/03 to BCC from County Manager Grace re: Capital Project Fund transfer of $20,000 for Lake Mary Blvd. Ph. III.
86. Letter dated 7/16/03 (with attachment) to BCC from William R. Vickroy & John Simes, Heathrow Government Affairs Committee, re: proposed rezone of property near Banana Lake Rd./CR 46A.
87. Notice of 7/17/03 Seminole County Public Safety Coordinating Council.
88. Copy of letter dated 7/15/03 to Bright House Networks from Randy & Julie Ward re: cable service problems.
89. Letter dated 7/14/03 to Commissioner Maloy from Frank Carbone re: opposition to development on Gabriella Ln. (cc: Planning Manager)
90. Form letters received 7/17/03 to BCC re: opposition to proposed Wal-Mart Superstore near Mikler/Red Bug Lake Rd. from Kimberly Griffin; Justin Shupe; Stacey Kuzman, Aron Goodenbury; Megan Dickerson; Kelita Clane; Maggie Goodenbury; Dana Wille; Greg Goodenbury; Sal & Diane Crivello; and Kirsten Beagle.
91. Letter dated 7/18/03 (with attachment) to BCC from Sheriff Don Eslinger re: Sheriff’s 2003/04 budget and response to County Manager’s Budget Message.
92. Notice of Seminole County 7/28/03 Board of Adjustment public hearing re: Ash Loop Park Variances.
93. Facsimile dated 7/19/03 to BCC from Richard T. Credon, Geneva Citizens Assoc., re: revised Joint Planning Agreement with City of Sanford; and a Small Area Study of the historical Geneva area.
Chairman McLain announced that he and Commissioner Morris were reelected to the Florida Association of Counties Board of Directors.
The Chairman reported the Governor signed an Executive Order on the Wekiva River Basin Coordinating Committee and the Seminole County Expressway Authority is listed as a non-voting member of the Committee. He thinks only the City of Altamonte Springs would be in this study area. The BCC has one voting member and the cities have one voting member. The two cities affected are Lake Mary and Sanford. He has asked that a letter be sent to the cities advising them of this and suggesting that one of these two mayors might be willing to serve on the Task Force.
Chairman McLain announced that Tax Collector Ray Valdes’ mother passed away on last Friday. He expressed the condolences of the Board to Mr. Valdes.
Commissioner Henley reported the legislation on the reorganization of Lynx was allowed to become law without the Governor’s signature, which means everyone on the Board is wiped out with the exception of Seminole County’s position and Osceola County. The new Board will meet in August and will have to elect a chairman right away and complete all the committee structures. This will be a five-member Board. He also advised that he has been appointed Chairman of the Lynx Audit Committee. He said he will have copies of the audit report sent to the other Commissioners.
Commissioner Van Der Weide advised the Governor transferred the Airport Authority to be a voting member on the MPO, and ex-Mayor Larry Dale will be the member.
Commissioner Maloy reported he attended the last MPO meeting on behalf of Chairman McLain and raised Seminole County’s objections to the freight rail (using the Trails to Rails) and that got attention. He said it appears there is a Steering Committee made up of the cities and they would like to have voting membership on the MPO. The MPO Chairman’s thought was to eliminate the Lynx position on the MPO since so many Lynx representatives are already on the MPO. This was discussed at length and staff is to report back on different options.
Commissioner Morris requested the Board to administratively rezone to PLI a parcel of the Kids House property to facilitate the expansion of the building. A copy of the site plan for Kids House Expansion was received and filed.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to bring back to the Board as a future agenda item the rezoning to PLI of the Kids House property parcel as identified.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Morris reported that the issue has come up regarding Safe House asking for certification from the local government for approval of a nonprofit organization.
Motion by Commissioner Morris, seconded by Commissioner Henley, to authorize the Chairman to sign and certify for the government the approval of Safe House as a nonprofit organization to be used with submittals for grant funding.
Upon inquiry by Commissioner Henley, Mr. Grace said he spoke with Safe House representatives and said he would be willing to sign to meet deadlines, but they indicated they had already submitted a grant and used the letter Commissioner Morris had signed years ago. Mr. Grace thinks it is probably best to go ahead and do this now in case Safe House has to get an updated letter.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY MANAGER’S REPORT
Mr. Grace reminded the Board of the budget work sessions beginning tomorrow. He said he would like to get a motion from the Board on Friday, so this will be treated as a work session meeting, but it will be a special meeting because at the end of the meeting, staff needs the Board to take action on the millage rates. He explained the maximum millages must be set by the end of July. For the sake of clarity, he asked the Board for a motion that Friday, July 25, 2003, will be scheduled as a special BCC meeting.
Motion by Commissioner Henley, seconded by Commissioner Morris, that the BCC will hold a Special Board of County Commissioners meeting on Friday, July 25, 2003.
Districts 1, 2, 3, 4, and 5 voted AYE.
Mr. Grace announced that the Florida Association of Fire Chiefs met recently in Orlando, and Seminole County Fire Chief Terry Schenk was named Fire Chief of the Year. Mr. Grace and Chairman McLain expressed congratulations to Mr. Schenk on behalf of the Board.
Commissioner Henley inquired about a recent budget transfer by Mr. Grace for $100,000. He said he thought the limit was at $50,000. Mr. Grace explained that the last policy said if the transfer is within the same project, he could do such a transfer but would have to advise the Board by memorandum of the action taken. Whereupon, Commissioner Henley said he did not understand the memorandum that way.
Commissioner Morris stated that maybe during the budget session, under the Manager’s report, the Board could have more discussion on this matter as this is a couple times that something has come up.
Mr. Grace said he will be happy to send out another memo and talk to the Board about this.
The Board recessed at 2:35 p.m., reconvening at 7:02 p.m., this same date, with all Commissioners (with Commissioner Morris being late), and all other Officials, (with Deputy County Attorney Steve Lee replacing County Attorney Robert McMillan), with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
COMPREHENSIVE PLAN AMENDMENT AND REZONE/James Fant
Proof of publication, as shown on page _______, calling for a public hearing to consider Comprehensive Plan Amendment from Suburban Estates to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the west side of Banana Lake Road, approximately 3,400 feet south of CR 46A, James H. Fant, received and filed.
Matt West, Planning Manager, addressed the Board to advise the applicant’s representative is requesting a continuance to August 12, 2003 at 7:00 p.m. as they are trying to work out some details relating to gaining access through the Colonial Realty site and an agreement has not being finalized to date.
Commissioner Morris entered the meeting at this time.
No one spoke in support or in opposition of the continuance.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to continue to August 12, 2003, at 7:00 p.m., or as soon thereafter as possible, request for a Comprehensive Plan Amendment from Suburban Estates to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the west side of Banana Lake Road, approximately 3,400 feet south of CR 46A, as described in the proof of publication, James H. Fant.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a Comprehensive Plan Amendment from Suburban Estates to Low Density Residential and Associated Rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) for 81 acres located on the south side of Myrtle Street west of Hester Avenue, Seminole County, received and filed.
Tony Walter, Planning, addressed the Board to advise staff is requesting a continuance to August 12, 2003 on this item as the Planning & Zoning (P&Z) Commission cancelled their July 16, 2003 meeting, therefore P&Z has not heard this item.
No one spoke in support or in opposition of the continuance.
Written Comments Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to continue to August 12, 2003 at 7:00 p.m., or as soon thereafter as possible, request for a Comprehensive Plan Amendment from Suburban Estates to Low Density Residential and associated Rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) for 81 acres located on the south side of Myrtle Street west of Hester Avenue, as described in the proof of publication, Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider Comprehensive Plan Amendment adoption of the previously approved 2003 Spring Cycle Large Scale Amendments to the Seminole County Comprehensive Plan, received and filed.
Dick Boyer, Planning, addressed the Board to state staff is requesting that this item be continued as Item #91, Amendment/Rezone, Seminole County, needs to be included in the adoption of the Spring Cycle Large Scale Amendments.
No one spoke in support or in opposition of the continuance.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to continue to August 12, 2003 at 7:00 p.m., or as soon thereafter as possible, request for adoption of the Comprehensive Plan Amendment adoption of the previously approved 2003 Spring Cycle Large Scale Amendments to the Seminole County Comprehensive Plan, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Continuation of 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, as described in the proof of publication, as shown on page ________, Jim Cooper.
Jeff Hopper, Planning, addressed the Board to review the proposed request as outlined in the agenda memorandum. He stated the applicant originally requested approval of R-1A zoning with the intention of developing 45 lots with a minimum lot size of 9,000 sq. ft. The Vision 2020 Plan designates this property as Low Density Residential. The P&Z Commission had concerns relative to lot size compatibility with the R-1AAA zoning to the east and A-1 in other directions. The P&Z recommended R-1AA zoning with lots to be a minimum size of 11,700 sq. ft. Prior to the BCC hearing, the applicant converted his request to PUD. The proposed PUD plan shows that developing under a clustering concept, which would reduce lot sizes, would also preserve at least 25% of the land as open space. The plan indicates 44 lots at a minimum size of 6,600 sq. ft. with open space buffer areas around the perimeter of the site. The net density would be slightly more than 3 units per acre. Staff continues to support the R-1A zoning on the site but would have no objections to the PUD alternative subject to the following: (1) Density shall not exceed 3.2 units per net buildable acre; (2) Minimum lot size shall be 6,600 sq. ft. and minimum lot width of 55 ft. width; (3) Minimum house size shall be 1,600 sq. ft.; and (4) Existing trees within the proposed buffer areas shall be preserved.
Jim Cooper, applicant, addressed the Board to state based on the number of acres, if the Comp Plan criteria is utilized, they can go with 66 units on this property, but they are only asking for 45 units. He stated he is purchasing 2.15 acres to the south of the railroad track but this is not part of the rezoning application. He said he is willing to place a conservation easement over this property in favor of the County. That brings the total acreage up to 18.5 acres and the overall density is about 2.4 units per acre. It was brought up during the P&Z process that a Lake Myrtle Study is being done. He stated he has attempted to try to adopt a plan that would encompass some of the Lake Myrtle Study area criteria. This plan is a variation of that. He said he has spent a lot of money to try to make this type of plan work. He added he doesn’t think he is here trying to push the envelope and he is well within what the Comp Plan allows. This property is one of the best on Hester Avenue as it is high and dry. Soil and environmental reports have been done and all of them have checked out very well. He said he is aware of some gopher tortoises in the area and he will abide by the Game and Fish and Seminole County’s requirements. The homes will be 1,600 to 3,400 sq. ft. at a basic price range of $170,000 to $200,000.
Mr. Cooper explained for Commissioner Morris why he is asking for PUD zoning rather than R-1A. He submitted a handout (received and filed) of the site plan and landscaping.
Jeff Summit, Engineer, addressed the Board to review Options B and C of the landscaping plan. He also reviewed the drainage issues on the site as well as water and sewer. He stated he believes they can keep the site very rural looking for the adjacent residents. He said he has had discussions with the Development Review Division relating to improving Hester Avenue. He added he feels that this project will be beneficial to the area and homeowners.
Upon inquiry by Commissioner Henley, Mr. Cooper advised there would be a landscape package for each house.
Mr. Cooper explained for Commissioner Maloy what the difference would be for the two schematics displayed and how the layout will be.
Mr. Summit reviewed the original concept plan.
Mr. Summit explained for Chairman McLain how they will accomplish more green space on the original plan.
Commissioner Morris stated the size of the property does not look like the buffers are that significant if it is done this way. He stated it appears to him that R-1A is better as there are a lot of smaller lots and that means more rooflines.
Upon inquiry by Commissioner Maloy, Mr. Hopper advised staff ran this project through the lot compatibility ordinance and the recommendation was R-1AAA zoning district.
Robert Kelly, 5010 Hester Ave., addressed the Board to speak in support of the project and to read his comments (received and filed). He spoke in regard to his family and why his father decided to sell the property.
Frances Lord, 4835 Hester Ave., addressed the Board to submit a map (received and filed) showing the proposed property and surrounding lots. She stated the red dots present acreage that have houses. The residents in the area are members of the North Lake Jesup Community, Inc. What affects Myrtle Street affects the residents that live across the railroad tracks. The map shows 17 homes that are in very close proximity of the Kelly property. She stated there is one home at 6,000 sq. ft. and five homes with more than 3,000 sq. ft. There are nine homes with 2,000 to 3,000 sq. ft. and two homes with 1,600 sq. ft. This averages out to be 2,750 sq. ft. This is one of the most beautiful spots in Seminole County to be developed. She said she wants quality, larger homes built in this area and she doesn’t appreciate having 45 homes close together.
Robert Jasmin, 1153 Myrtle St., addressed the Board to state he has been trying to research when this property was zoned LDR and so far he has not been able to come up with a definitive time table. The property off of Thomas Stable Road is zoned Agriculture and it has been for a number of years. He stated he has spent a lot of time and effort working on the Myrtle Street Study. He added they are starting on Phase III of how they are going to implement this study in the entire area. The prudent thing for the Board to do is to hold off in making any concrete decisions until the study is complete. After that is done, the PUD can be looked at on this property. He stated he previously spoke to Mr. Cooper and he seemed to be receptive to what is being done. He asked the Board to either deny or postpone their decision on this property until staff, Wilbur Smith Consultants, the citizens’ groups, developers and landowners have had a chance to work this out.
Shepard Burr, 2030 Palm Way, addressed the Board to state he is a member of the North Lake Jesup Community, Inc. and he lives about 3 miles away from this project. He stated the North Lake Jesup Community is in favor of trying to preserve the rural character of the neighborhood primarily through one-acre Suburban Estates zoning. This project is not compatible with the homes on Hester Street, Thomas Stable Road to the west and all the way to the eastern end of Pineway. There is a lot of wildlife in the area. He stated he agrees with Mr. Cooper that the Conservation Village Concept will not work on his 17 or 18 acre parcel. If a retention pond is built on the property to the north might slow down the flow of water and keep it from flooding the area to the south. He stated if this project were approved, he would hope that the engineer will recognize this and that he will ensure that the existing engineering problems are not exacerbated by this project.
Jack Rosier, 4850 Hester Ave., addressed the Board to state he lives north of this site. He stated he supports what the developer is trying to do in keeping the character of the community. He stated his main concern is the landscaping and he doesn’t want an 8 ft. wall. He stated he would like landscaping for his property and his neighbors as well.
Peter Butt, 5906 Autumn Chase Circle, addressed the Board to state he is opposed to the zoning request. He stated he indicated at the P&Z hearing that R-1A was too dense for this project. This property is more suited for R-1AAA as the lot compatibility shows. The P&Z Commission recommended R-1AA as an alternative for R-1A. He said he is concerned with the runoff as they are having problems in Autumn Chase.
Alex Dickison, 4851 Hester Ave., addressed the Board to state he is speaking on behalf of his rights as well as the area residents’ rights. He stated he agrees that Mr. Kelly has a right to sell his property and to develop it. The big problem is that it is not necessarily just a business decision but a decision based on compatibility. He said he cannot see how R-1A is compatible with the surrounding area. He added he doesn’t see how the footage of the trees will be on Hester Avenue. If small development is allowed in this area, then a precedent will be set for the whole area.
Doug Doudney, 1443 Buckwood Dr., addressed the Board to state he is the Executive Director for Coalition for Property Rights. He stated he has known Mr. Cooper for about 20 years and he is a man who does quality work and he does what he says. He said he understands the neighbors’ concerns for keeping this land the way it is. A number of the residents have expressed concerns relative to engineering and drainage issues and if there are issues relating to this, the engineering and drainage codes should be revamped. He asked the Board to approve the request and to protect the private property rights of the owners.
Danny DeCiryan, 1581 Silk Tree, addressed the Board to state he is not against progress, but they want to see things done properly with the interest of the residents in a sound ecological and business way. He encouraged the Board to make a decision based on the study being done.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Mr. Cooper stated he understands what Mr. Jasmin wants to do, but this is not in the study area. He stated there are approximately 200 R-1A homes built to the south. He said he would appreciate the Board’s support for this project.
Upon inquiry by Commissioner Morris, Mr. Hopper advised he is sure that this property was originally zoned LDR about 10 years ago.
Mr. West stated land use on this property was LDR since the 1991 Comp Plan. He stated the minimum house size for R-1AAA or R-1AAAA is 1,600 sq. ft.
Upon further inquiry by Commissioner Morris, Stephen Lee, Deputy County Attorney, addressed the Board to advise the applicant cannot get a Certificate of Occupancy (C.O.) in a straight zoning until the Conservation Easement is put in place. He stated it is not mandatory for the applicant to volunteer a conservation easement in a PUD.
District Commissioner McLain stated he has met with the applicant on this request. He stated the P&Z Commission recommended approval of R-1AA and staff is recommending R-1A. This is an entranceway into the Myrtle Street area and he feels this property needs some special attention. He stated he feels that buffers, water features, lot sizes and the way the development is designed can be controlled through the PUD process. He recommended approval of PUD zoning with the applicant to work with staff to come up with a site plan that can change some figurations maybe reducing some of the lots in front. He stated he feels it would be appropriate to choose a reasonable caliber tree by saving the larger ones that are in front of the property. He added he feels that Mr. Cooper’s plan could be changed by reducing the road frontage and that could be accomplished by reducing the lots. He recommended approval of the PUD zoning with the requirement that open space will be concentrated along Hester Avenue, and final details will be provided at the final master plan for 40 units on 17 acres.
Upon inquiry by Mr. Cooper, Commissioner McLain stated he feels that changes can be made to give more open space along the front as well as saving all the hardwood trees 8 inches or more. He stated if some of the lots in front are removed, that will give a larger open space.
Upon further inquiry by Mr. Cooper, Commissioner McLain advised he feels comfortable with 40 units, otherwise, he would have to go with P&Z’s recommendations.
Commissioner McLain reiterated that he is recommending reducing the number of units to 40, no hardwood caliber trees over 8” in diameter being removed, reducing the number of lots across the front of the property, and eliminating some of the roadway to accommodate the lots further back in the development.
Upon inquiry by Mr. Cooper, Commissioner McLain advised the commitment of a conservation easement will be part of the PUD development order.
Commissioner Morris stated he doesn’t see a difference between 44 and 40 units. He stated he is interested in seeing what that plan will look like when it comes forward. He said he feels that the excessive dry ponds are not beneficial at all.
Upon inquiry by Commissioner McLain, Mr. Summit advised the ponds are not required to be dry. He stated the two ponds located on the north side cannot be wet ponds as the water table is too deep.
At the request of Chairman McLain, Mr. Hopper reiterated that the District Commissioner is recommending a maximum of 40 units, preserving additional open space to the east edge of the property adjacent to the road, saving the hardwood 8” trees at the front of the property, reduce the number of lots in front, having no two-story homes adjacent to the east edge of the property, and a conservation easement south of the railroad tracks.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance 2003-32, as shown on page _________, rezoning to PUD, project located on the west side of Hester Avenue, ¼ mile south of CR 427, as described in the proof of publication, Jim Cooper, subject to the conditions outlined by the District Commissioner.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris voted NAY.
Chairman McLain recessed the meeting at 8:10 p.m., reconvening at 8:22 p.m.
APPEAL AGAINST BOARD OF ADJUSTMENT/Cornerstone Church
Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s (BOA) decision in denying a Special Exception for the establishment of a church and attendant facilities; located on the northeast corner of Willingham Road and Old Chuluota Road, A-5 (Rural Zoning Classification) Cornerstone Church of Orlando, received and filed.
Earnest McDonald, Planning, addressed the Board to state the applicant proposes to build a 7,800 sq. ft. church on a 4.88-acre site. The property is currently vacant and it has A-5 zoning and Rural 5 Land Use. He stated A-5 zoning surrounds this property as well as Rural 5 Future Land Use. The BOA denied this request on 5/19/03 as well as a similar request on 2/25/02 for a larger church facility. Staff recommends that the Board reverse the BOA’s decision and approve the Special Exception request.
Upon inquiry by Commissioner Maloy, Mr. McDonald advised staff is recommending an entranceway be formed as a T-intersection as this will lessen the potential impact to the residential properties to the north of this site.
Upon inquiry by Commissioner Henley, Mr. McDonald advised that the BOA’s findings were based on the residents speaking in opposition had a right to determine the character of their area.
Upon inquiry by Commissioner Maloy, Mr. McDonald advised that part of the parking area is paved and the rest is overflow parking.
Steve Anderson, 1617 Sultan Circle, addressed the Board to request those individuals in the audience supporting the special exception to stand and over 15 people stood favoring the request. He stated he is here to build a church so that they can have church services and Sunday school classes, etc. They were planning to build Phase I with a potential Phase II, totaling 19,000 sq. ft. The site plan has been reduced by 59% to about 7,800 sq. ft. Based on their current attendance and classes, they need about 7,000 sq. ft. He displayed a site plan and stated he has heard from the residents that they are going to ruin the residential area. What they are going to do is build on the very edge of Willingham Road. He displayed an aerial (received and filed) of the proposed property on CR 419 looking down Snow Hill Road. The church will not be in the middle of a bunch of houses. The traffic pattern was going to be an issue and the Traffic Engineers indicated that the traffic on Willingham Road during peak time will be from 20% to 23%. The people attending this church are going to get to the quickest access. The last issue raised was the possibility of incompatibility with the annexation and development of the public shopping center, which was voted down. Another issue of concern was stormwater and the County Engineers felt that they would either tie into a stormwater system that the County would put in place to correct the situation or a 100-year flood litigation on site will have to be done. The BOA felt that the neighbors had a right to determine whether or not there should be a church in the neighborhood. The problem with that is it failed to provide a basis for a compelling interest on the part of the government to give reason why it should be denied. The BOA also indicated that they had to show significant reasons for denial.
Upon inquiry by Commissioner Morris, Mr. Anderson advised at this time there is not a Phase II in the plan and they are not planning a school for the site. He said while the Chuluota design standards do not apply to churches, he does not have a problem with things that make it a rural church. He added that they are in general agreement with the design standards.
Attorney Eric Stanley addressed the Board to speak with regard to the federal and state requirements relating to churches and zoning. He stated no substantial burden may be imposed upon a church through an application of a zoning law. What this means is a church must prove that a denial of zoning is a substantial burden on the church. In order to deny a church zoning, there would have to be a compelling interest demonstrated. If a compelling interest is shown, it has to be shown that it is being advanced in the least restrictive means possible. Therefore, the compelling interest has to be done as opposed to outright denial. If there is some kind of interest, there is a least restrictive way of advancing that interest than an outright denial. The Board will have to look at the particular zoning classification, what uses are allowed there and whether or not the churches are treated equally with those uses. Churches have to go by special exception and schools are a second assembly use. He said he feels that approving the special exception can alleviate the burden on the church. He stated the Florida RFRA is a state law and it imposes the same type of restrictions as RLUIPA. Under basic zoning laws, there was no competent standard evidence that demonstrated that the church is detrimental to the character of the area or is inconsistent with the trends of development in the area. It doesn’t have an adverse impact on traffic and it is consistent with the Comp Plan.
Dr. David Downs, 3840 Lake Pickett Court, addressed the Board to state he is the founding pastor of Cornerstone Church. The first phase is very simple and they want to be a good neighbor. There are going to be a lot of new homes coming along Willingham Road and a lot of those residents will want a church.
Upon inquiry by Commissioner Maloy, Dr. Downs advised the church currently has been meeting at the YMCA. He stated they have met at apartment complexes clubhouses, homes and day care centers. Every time they had to move, they would lose members due to not having a place near them to worship.
Upon further inquiry by Commissioner Maloy, Dr. Downs advised they have not had any complaints from the areas they had services. He stated the congregation cleaned up after the services and the renters were very happy with them.
Upon inquiry by Commissioner Morris, Dr. Downs advised their church is affiliated with the Conservative Baptist Association (CBA). He stated his church started as a pioneer plant and the CBA didn’t have any churches in Orlando. His church would minister in Winter Park, Goldenrod and Dean Road and whenever the church would move, they would lose most of their congregation from these areas.
Thomas Rogers, 1137 Oropesa Ave., addressed the Board to state he supports building a church on the proposed site. He stated in 1995 he was a crack cocaine drug addict and Cornerstone Church has helped turn him around to get straight.
Jose Lopez, 14016 Furman Avenue, addressed the Board to state he and his wife have been members of Cornerstone Church for the last three years. He stated in all the arguments that have come forth, there has yet to be anything to warrant disapproval of a church.
Cecil Haas, 1006 Parry Lane, addressed the Board to state he and his family are members of Cornerstone Church and have been for some time. He stated he has moved with the church quite a bit and they need a stable place to worship.
Charles Ferguson, 10610 Satinwood Circle, addressed the Board to speak in support of the church.
William Eckert, 2645 Talladega Dr., addressed the Board to speak in support of the church. He stated the church is not here to cause trouble.
Doug Doudney stated he has no personal connection with the church and in his years of experience, he is at a loss to think of a situation where a church was built that it did not become a compatible facility for the community.
Beth Sonnenberg, 1011 Weaver Dr., addressed the Board to state she lives in the Alafaya Woods Subdivision and she attends the church. She expressed the difficulty the church is facing in setting up their services in different places. She stated it would be a blessing if the Board allowed them to do these things at their own place of worship.
Dan Sonnenberg, 1011 Weaver Dr., addressed the Board to state he is a student at RTS Seminary on Mitchell Hammock Road and he came here to study at the Seminary. He stated he has been attending Cornerstone Church for the past six months and he is learning how to work with people and so many other new things. He said he is here to support the church’s efforts in getting a permanent location.
Upon inquiry by Commissioner Maloy, Mr. Sonnenberg advised the church members would enter through a side entrance of the YMCA and regulars of the Y would come in the main entrance.
Michael Andriano, 900 Lingo Court, addressed the Board to state he is the Senior Pastor of River Run Christian Church and he is here in support of Cornerstone Church as well as other churches. He asked the Board to accept staff’s recommendations and approve the application without limiting the size.
William Bokunic, 527 Northbridge Dr., addressed the Board to state he lives in Altamonte Springs and he travels to Oviedo to worship. He stated there are other churches named Cornerstone in the Orlando area and he believes there has been some misinformation coming from other churches name Cornerstone.
Leigh McEachern addressed the Board to state he represents Mr. Carmichael, owner of the property. He submitted and read his comments (received and filed) relating to every church in Chuluota built in residential communities and a Chuluota Sportsman Club north of the parcel in question that operates guns. He said he can hear the guns going off from his home on Snow Hill Road. He stated the University of Pennsylvania did a study and it showed a positive impact churches have on the communities and the social services they provide. He stated churches subsidize the communities and not the reverse.
Chairman McLain recessed the meeting at 9:08 p.m., reconvening at 9:18 p.m.
Lonnie Groot, Stenstrom McIntosh Colbert Whigham & Simmons, addressed the Board to state he is here representing numerous residents. He asked the Board to support the BOA’s decision in denying the special exception. When a decision is made, all of the findings are made with it. He said he has a moderate number of exhibits that he will be submitting into the Record.
The following Exhibits were received and filed:
A. Seminole County Board of County Commissioners Decision on Appeal
B. Statements from Tait & Vicki Nelson; Bob & Monica Williamson; Harry & Nancy Hanes; Tom & Sally Chitty, Sr.; Ted & Brenda Reichle; David Ryan-Jones; Darryl & Lisa Musa; and Wayne & Carol Schwartz
C. Affidavit of Lonnie N. Groot
D. Affidavit of Lonnie N. Groot with attachments
E. Notice of Public Hearing dated 4/28/03 of the Board of Adjustment
F. Agenda Memorandum of the 2/25/02 Board of Adjustment hearing
G. Agenda Memorandum of the 4/28/03 Board of Adjustment hearing
H. Agenda Memorandum of the 5/19/03 Board of Adjustment hearing
I. Aerial Map of the proposed site
J. E-Mail to Commissioner Henley from Neil Stanko opposing the Cornerstone Church request
K. E-Mail to Commissioner Henley from Shirley/Gary Exner opposing the Cornerstone Church request
L. E-Mail to Commissioner McLain from MyVoice511949@aol.com relating to Saving Our Neighborhood of Rural Seminole County
M. Aerial Map showing the potential pond sites
N. Aerial Map of the Chuluota area
O. Comments from Pastor Dave as well as the History of Cornerstone Church
P. Public Inquiry from the Internet relating to Cornerstone Church
Q. Aerial Map showing Old Chuluota Road, potential pond sites, portion of roadway basin causing flooding, Chuluota Bypass as well as CR 419
R. A copy from the Internet of Federal Law Protects Growing Churches
S. A copy of a photograph of Old Chuluota Road
T. A copy of the 2002 Florida Statutes 570.70 Legislative Findings
U. Copy of a photograph of Old Chuluota Road
Mr. Groot stated this issue is not about religion; it is a land use case. He stated any proposal that has over 100 parking spaces, paved or unpaved, is not a country church that fits into a rural neighborhood. He read a couple of excerpts (not received and filed) from an article published by David Gibbs and two quotes regarding RLUIPA. He expressed a few issues that were omitted from staff’s report. He displayed and reviewed standards for granting special exceptions and staff findings. He reviewed a copy of the Code of conditional uses 30.104. He said staff’s report indicates that “there are no clearly defined development trends in the immediate area, other than large lot, single-family residential and agriculture uses.” He stated the first part of the statement is totally wrong, but the second part is totally right, which clearly supports their position. He said the Attachment Section on page 5 of staff’s report relates to letters from affected property owners and those letters are not in the report. The only thing in the agenda packet are letters from Mr. McEachern, from Mr. Stanley to Mr. Anderson and from Mr. Gibbs. He stated an action to deny is included in the agenda packet but there is no order that affirms the BOA and supports the residents. He submitted a copy into the Record.
Mr. Groot continued by displaying and reviewing a picture of Old Chuluota Road and an aerial map showing the section of roadway basin causing flooding. He stated he feels this proposal violates the Comp Plan and it is not consistent with the rural zoning classification. It is detrimental to the character or neighborhood and inconsistent with the trends of development in the area. It is not compatible with the low-density rural land use and it does have an unduly adverse impact upon traffic patterns. He stated 110 cars in that area on Sunday mornings, Sunday evenings or Wednesday nights clearly changes the traffic patterns of that area. There are severe flooding problems in the area right now. It does not take a large building to practice religion.
Upon inquiry by Commissioner Maloy, Mr. Groot advised the school site was part of the O’Brien development that was ultimately approved and as part of negotiations, the policies were firmed up. The compelling governmental interest was to keep that area rural.
Upon inquiry by Commissioner Henley, Mr. Groot advised he feels the average church is around 3,000 sq. ft. and those were not country churches.
Commissioner Henley stated he feels the church may have an argument under RLUIPA that the County has been too restrictive because they have been turned down twice already. He stated he feels that this is to prevent governments from being unduly restrictive.
Commissioner Maloy asked Mr. Groot if he had any evidence of this church having a negative impact to residential. Whereupon, Mr. Groot replied that he didn’t investigate this church in detail. He said he is not here to critique the way they do their business.
Upon inquiry by Chairman McLain, Don Fisher, Planning & Development Director, addressed the Board to advise the information Mr. Groot presented has been superseded by Ordinance 2002-53.
Mr. West stated three of the conditions Mr. Groot is referencing to were struck and an updated print is available at this time. He stated some of the criteria not mentioned in the report is generally applied to special exceptions.
Mr. Groot stated he was provided with a printout so that he could be sure that this was still the code and he finds it very peculiar that the information office on the first floor is giving out this code.
Mr. West stated most of the documents from the opposition were e-mails and those were forwarded from the Board’s office to his office. He said he cannot explain why they are not in the agenda packet.
Commissioner Morris asked why a document was submitted to Mr. Groot when it does not reflect the 2002 code.
Mr. Fisher advised the code is in great need of being codified and he would advise that the citizens go to a Planner to obtain documents that relate to the code.
At the request of Commissioner Morris, Stephen Lee, Deputy County Attorney, reviewed the substantial arguments that Mr. Groot made relative to information being included or not included in the public record.
Commissioner Maloy stated he has received 16 objections that were mailed or e-mailed and a denial order was included in the agenda packet.
Tait Nelson, 400 E. Willingham Road, addressed the Board to submit a Statement of Standing (received and filed). He also submitted and reviewed a booklet (received and filed) containing topographical maps showing the original and current drainage; copies of photographs showing flooding occurring in January 2003; a map showing flooding in the area; copies of photographs of local homes; and an example of the proposed development.
Vicki Nelson, 400 E Willingham Road, addressed the Board to submit a Letter of Standing and copies of photographs (received and filed). She read her comments (received and filed) and reviewed the photographs as outlined. She stated the increased traffic flow is going to be detrimental to the area and an entrance and exit on Willingham Road is not appropriate.
Harry Hanes, Jr., 1101 Willingham Road, addressed the Board to read his comments (received and filed) into the Record relative to the church not being compatible with the existing residential land use and the impact of traffic on Sunday.
Ted Reichle, 350 Willingham Road, addressed the Board to state he has been living at the present address for two years and he would like to show a two-minute video (received and filed) showing the flooding problems in the area. He stated as the video shows, there is quite a bit of flooding in the area. The point is that area never flooded until recently and that is due to the development.
Monica Williamson, 475 Willingham Road, addressed the Board to submit and review a booklet (received and filed) containing an aerial map of Willingham Road and Old Chuluota Road; testimony of Robert and Monica Williamson; and Exhibits consisting of February 2002 drawing of Cornerstone, Cornerstone Web Page-Envisions, March 2003 Drawing of Cornerstone, Florida Statutes Title 35, Chapter. 570.70, Seminole County Comprehensive Plan Sec. 30.104, Willingham Road Square Footage & Occupancy, Cornerstone Vision, Cornerstone History, Religious Land Use & Institutionalized Person Act, Leaders of Cornerstone and Map of Existing Church. She asked the Board to deny this request, as it does not fit Seminole County’s Section 30.104 code requirements.
Randy Whitener, 300 Lake Lenelle Drive, addressed the Board to state he is against approving this special exception and having the church on this site. He stated there are several traffic and noise issues that need to be addressed. He said he is not against churches but it is about allowing anything that incompatible with the rural residential area.
Bob Williamson, 475 Willingham Road, addressed the Board to state he is a licensed real estate broker. He brought issues up relating to a school on Snow Hill Road, a 5,000 to 8,000 sq. ft. building, and Phase II of the project. The fire code indicates that a 7,800 sq. ft. building will seat 1,114 people. This has nothing to do with the church, but with their homes, investments, and lifestyles in the area. He stated he would help build a church for them if they put it in an area where it belongs.
Carol Schwartz, 630 Old Chuluota Road, addressed the Board to state she is against the church coming here and she agrees with everything that was said tonight.
Lisa Musa, 1515 Willingham Road, addressed the Board to submit a Petition, as shown on page ________, from area residents opposing the special exception. She stated she does not allow her kids to ride their bikes during the hours of 4:00 p.m. to 6:00 p.m. because she is afraid a car will hit them.
Brenda Reichle, 350 Willingham Road, addressed the Board to speak with regard to the flooding at the front of the property and adjoining property. She stated as a taxpayer and an adjacent landowner, she objects to the Cornerstone Church being built on this quiet, secluded, residential country road.
David Ryan-Jones, 375 Willingham Road, addressed the Board to submit his statement (received and filed) regarding the Appeal request. He indicated on the map where his house is located and where the water is standing on the proposed site and surrounding area. He spoke with regard to the standing water on CR 419 and the wildlife corridor.
Gary Smithson, 1505 Willingham Road, addressed the Board to submit a letter of standing (received and filed). He stated he is opposed to the proposed project mainly because of the traffic and water problems.
Glenn Reichle, 200 Elaine Place, addressed the Board to state he believes a full study should be done before any decisions are made on future development in the area. He stated he feels this property should be purchased by the County and be used for stormwater runoff. This would give the County a much needed stormwater outlet for the area.
Ashley Reichle, 1086 Dees Dr., addressed the Board to state she visited her grandparents on Old Chuluota Road and because of the flooding, she had to walk in deep water to get to their house. She said she agrees with what everyone has said.
Tom Chitty addressed the Board to submit his sworn statement (received and filed). He spoke with regard to septic tank and drain fill size, kids attending night services and the impact of the community. He stated he feels the Board should ask the church what their real plans are for this facility.
Lisa Giltner, 1785 Willingham Road, addressed the Board to ask the Board to deny the request. She stated to avoid CR 419 traffic, the cut-through traffic already goes at a high rate of speed. The traffic for Sunday services will create a safety issue.
Deborah Schafer, 1740 Brumley Road, addressed the Board to state she represents the Southeast Seminole County Voters Association. She stated Commissioner Maloy asked what is a rural church. She submitted photographs (received and filed) of what a rural church looks like in Georgia and Florida. She stated if this church grows, will it extend up or out. If this is approved, she asked the Board to place a very strong development order with site conditions to protect this area.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Attorney Eric Stanley submitted photographs (received and filed) of the following churches that are in Chuluota now: Northside Church and Chuluota Community Church.
Upon inquiry by Chairman McLain, Attorney Stanley advised he feels it is feasible to provide access only on Snow Hill Road. Attorney Stanley continued by discussing with Chairman McLain issues relating to buffering the site from adjoining property owners on Willingham and the roof pitch.
Chairman McLain stated he has not heard anything about how the site will be developed. He stated he needs more information how they are going to integrate in the community and how they will access the church as well as other issues that will bring the community together.
Commissioner Morris stated his concern is there are some concerns that the community has with the church. He said he has the same concern as Commissioner McLain.
Chairman McLain stated he would like to see the Board get through the public hearing portion and then continue this so he can have more time to obtain more information from the church and staff. He stated he doesn’t want access on the rural road (Willingham) as he feels that will change the entire character.
Commissioner Morris stated the church is part of the community and they need to adapt to the community. There was substantial evidence relative to flooding caused by a project out there. He stated the Board owes the church due diligence to obtain the proper information.
Commissioner Van Der Weide stated he feels that not having access on other than Snow Hill Road makes sense and that should be one of the conditions. He stated he is uncomfortable with access to Willingham Road. He said he wants to hear from the District Commissioner.
Upon inquiry by Commissioner Maloy, Attorney Stanley advised no houses will be built on the property.
Upon inquiry by Chairman McLain, Attorney Stanley advised he would have no objections to the site plan coming back to the Board for approval.
Mr. Lee explained for Commissioner Morris that in his opinion the issue before the Board this evening is whether or not to approve the special exception in accordance with the Land Development Code. The RLUIPA or the State Act only comes into play based on the Board’s analysis of the Record established this evening and the Board finds that the Special Exception should be denied. At that point, the question becomes one of fact that a substantial burden on a religious exercise of the institution, and if so, is it a further interest of a compelling government interest and is it a least restrictive need furthering that compelling governmental interest.
Upon further inquiry by Commissioner Morris, Mr. Lee advised he believes the Board can put reasonable requirements in terms of the zoning code going in place.
Commissioner Maloy stated he has met with some of the residents and there were some concerns that there were too many building and drain fields on the property. He said he asked the staff to take a close look at that and report back to him. He stated in their opinion, they felt that it would fit all the building codes.
Upon inquiry by Commissioner Maloy, Mr. Fisher advised it appears to him that two things are going on, one is the flooding associated with the road and a study is being performed to rectify that issue. He stated that staff feels this site can be engineered to accommodate proper stormwater. This site will not be permitted to have any greater amount of runoff from the property than what is coming off today. The way the water comes off the property today will be no different, and possibly it will be better controlled after the site is developed. The developer would have to through final engineering review, obtain permits from Seminole County and St. Johns River Water Management District.
Upon inquiry by Commissioner Van Der Weide, Mr. Fisher advised the study will not be completed for some time. There are some remedial things the developer can do to get the water off the site. The study will probably be completed in 10 months or so.
Commissioner Van Der Weide stated he doesn’t think the proposed project is an issue, but if the whole neighborhood is flooded, then that is a much bigger issue.
Mr. Grace stated staff will get back to the Board on the bigger drainage issue. He stated there seems to be an assumption that the County caused this problem and he doesn’t know whether that is the case.
Upon inquiry by Chairman McLain, Mr. Fisher advised since there is a serious drainage problem in the area, he feels it still would be prudent for the Board to approve additional development until the Stormwater Engineers have briefed the Board. He stated staff is not sure if the two are related and if the development of this site further improves drainage deficiencies that might be occurring in that area.
Upon inquiry by Commissioner Maloy, Mr. Fisher advised staff has reevaluated the access location. He stated the right-of-ways can be combined to provide an access drive to Snow Hill Road.
Commissioner Van Der Weide stated he feels that there should be a restriction that no access shall be to Willingham Road.
Chairman McLain stated he feels uncomfortable with a 15 ft. minimum nature buffer.
Mr. Fisher stated that was proposed on the developer’s master plan and the code for this location is 10 ft. He stated the developer has room to provide a larger buffer if the Board feels 25 ft. is more appropriate.
Upon inquiry by Commissioner Maloy, Mr. Fisher advised that the applicant will provide information to Engineering staff regarding access to Snow Hill Road and they would make their recommendation during the site plan review.
District Commissioner Maloy stated there seems to be concerns with traffic on Willingham and architectural issues. He stated he feels that conditions can be put in place to make that as compatible as possible.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to overturn the Board of Adjustment’s decision, thereby, approving a Special Exception for the establishment of a church and attendant facilities on property zoned A-5 (Rural Zoning Classification); located on the northeast corner of Willingham Road and Old Chuluota Road, as described in the proof of publication, Cornerstone Church of Orlando, with staff comments, subject to the church following the Chuluota Design Standards; all buildings would have pitch metal roof; windows would be installed on all sides of buildings; all buildings would be with stucco, brick, or wood finishes in muted colors; parking spaces shall not be paved (with handicap parking spaces be paved); signage shall be limited in height and location in square footage as provided in the Design Standards; fences and entry features would comply with the Design Standards; drainage pond sizes would be meandered to appear to be natural ponds and not be standard rectangular ponds; if the ponds need to be fenced for safety reasons that they be surrounded with a wooden board fence; lighting should only be permitted to operate after sunset when events or services are conducted and they shall be turned off immediately following the event or services; there shall be motion security lighting on the building itself; the site plan would come back for final review with the access to be submitted on Snow Hill Road to Engineering; any playground areas to be placed as far away as possible from the residential areas; and access shall be on Snow Hill Road as long as it is feasible.
Decision of Appeal, as shown on page _______, was received and filed.
Under discussion and upon inquiry by Chairman McLain, Mr. Fisher advised if the access is not feasible, that could be addressed during the site plan review. He stated the best access option would be off of Old Chuluota Road.
Commissioner Morris asked the motion maker to consider that any of the buildings be placed 100 ft. from the adjacent residential property lines and a 25 ft. buffer.
Commissioners Maloy and Van Der Weide stated they would accept that as an amendment to the motion.
Upon inquiry by Commissioner Henley, Mr. McDonald advised the distance from Old Chuluota Road up to the entrance of Willingham Road is about 190 ft. He stated there are no residences within that 190 ft.
Commissioner Maloy stated he doesn’t believe people will drive all across Willingham to this church. He stated he feels that Snow Hill Road will eliminate some of the traffic.
Chairman McLain stated the one issue that was not mentioned in the motion is the capacity and limiting it to the number.
Commissioner Maloy stated he did not include that in the motion as he feels it is handled by the building codes.
Upon inquiry by Chairman McLain, Mr. Anderson advised he would be comfortable with allowing the occupancy capacity to 300 people.
Commissioner Maloy stated he feels that enough restrictions have already been placed on this.
Commissioner Morris recommended bringing this issue back during the site plan review.
Chairman McLain stated he would like a capacity number when it comes back for the final site plan.
Districts 1, 2, 3, 4 and 5 voted AYE.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:30 p.m., this same date.