BOARD OF
JULY 25, 2006
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, July
25, 2006, in the SEMINOLE COUNTY
SERVICES BUILDING at
Present:
Chairman
Vice Chairman Bob Dallari (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Brenda Carey (District 5)
County Manager Cindy Coto
Deputy Clerk Sandy McCann
Rev. Elias Caffey, Calvary Temple of Praise
Church,
Commissioner Bob Dallari led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-162, as shown on page _______, commending Jose Cordero, Senior Technician, Traffic Engineering Division, Public Works Department, for his service to Seminole County and its citizens upon his retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Cordero and his wife, who addressed the Board to express his appreciation.
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Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2006-R-163, as shown on page _______, proclaiming the week of August 6-12, 2006 as Seminole County Firefighter Appreciation Week.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Barbara Thomason, EMT, Public Safety Department, who addressed the Board to express her appreciation and to announce that the firefighters will be working on the “Fill the Boot” Campaign for the Muscular Dystrophy Association.
Tammy Turdin, representing the Muscular Dystrophy Association, addressed the Board to thank the BCC for assisting them in showing their appreciation to the firefighters who put in countless number of hours on the “Fill the Boot” Campaign.
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Randy Lyon, Chairman of myregion.org, addressed the Board to
give a PowerPoint presention (copy of same & pamphlet received & filed)
on “How Shall We Grow? Creating a Shared Vision for
Chairman Henley thanked Mr. Lyons for his work on this and said he applauds myregion.com and FDOT for attempting to be more inclusive.
Commissioner Morris commended Mr. Lyons for his voluntary work on this project.
Commissioner Carey stated she can’t wait for this project to be finished so that public policy can be set to implement the study.
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Bronwen Ramos, American Heart Association,
addressed the Board to honor and recognize
Angel Nater, Public Safety, addressed the Board to express his appreciation to Sally Sherman, Mr. & Mrs. Charles Benson, Nancy Devall, Eileen McGatlin, Asmal Ali, Philips Medical Systems, Dr. Augustina Bruno, Chief Penny Fleming, Betsy Cohen, Jackie Perry, Chief Skenley; Greg Derby, Nancy Ledge, Department of Information Technology, and the Facilities Department. He noted that Commissioner Dallari’s suggestion to have autodialing was excellent.
Dr. Todd Huskey, County Medical Director, addressed the Board to commend Angel Nater for his work on the defibrillators, stating he started this program and it has come a long way. He said there is still work to be done and he would encourage business leaders to put defibrillators in their businesses.
Chairman Henley stated the BCC thought this program was very important and that is why they funded these in the middle of a budget year.
Senator Lee Constantine addressed the Board to advise he included a provision in his Bill to require defibrillators in high schools that have athletic programs.
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Senator Lee Constantine, Representative Sandy Adams, and Representative David Mealor addressed the Board to present the following checks for the Florida Recreation Development Assistance Program: $200,000 to the City of Lake Mary for parks presented to Mayor Thom Green and City Manager John Litton; $200,000 to the City of Casselberry for Lake Concord/Anniversary Park Development and Secret Lake Park presented to Mayor Bob Goff and Park Planner Linda Moore; $200,000 to the City of Sanford for Fort Mellon Park Phase 2 presented to Director of Parks & Recreation Marc Hultin; $200,000 to the City of Winter Springs for Trotwood Park presented to Director of Parks & Recreation Chuck Pula; and $200,000 to Seminole County for the Black Hammock Boardwalk presented to Volunteer Program Manager Amy Raub and President of Black Hammock Association Jim Logue.
Commissioner Van Der Weide stated Senator
Constantine has been working for
Senator Constantine advised the entire Legislative Delegation is behind the $2 surcharge. He expressed his appreciation for all the hard work the Commissioners do for the citizens.
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Palmer Mason, representing the Florida Association of Counties, addressed the Board to present a gift to Commissioner Morris, commending him for his work on the Florida Association of Counties (FAC) Board of Directors for many years and his assistance to FAC during the 2006 Legislative Session. He expressed his appreciation to Senator Constantine and Senator Baker for standing by the counties during this Legislative Session.
Commissioner Morris expressed his thanks, advising he has stepped down as President of the Association of Regional Councils and he appreciates working with them over the years. He also expressed his appreciation to the Legislative Delegation.
Mr. Mason presented Jim Logue and Deborah
Schafer commendation plaques for visiting
Deborah Schafer and Jim Logue addressed the Board to express their thanks for the plaques and to thank the BCC for their efforts in protecting the rural area.
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The Chairman recessed the meeting at 10:30
a.m., in order to convene the meeting of the
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Kevin Fall, Economic Development, addressed
the Board to present request to implement the building heights and densities
recommendation for
Motion by Commissioner Morris, seconded by Commissioner Dallari to authorize staff to initiate amendments to the County’s Comprehensive Plan and Land Development Code, as necessary, to implement the building heights and densities recommendations for the specific unincorporated areas as recommended by the U.S. Hwy. 17-92 Redevelopment Planning Agency (RPA).
Districts, 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Dallari to approve and authorize the following:
Budget
12. Approve request to advertise and schedule a public hearing for the presentation of the proposed Port Authority Budget for FY 2006/07.
13. Adoption of appropriate Budget
Amendment Resolution #2006-R-164, as shown on page _______, for BAR #06-77 - $892,461 - Public Safety
– Public Safety Federal Grants.
Recognize receipt of equipment, goods and services from the Memorandum
of Agreement (MOA) for Participating Orlando Urban Areas Securities Initiative
(UASI) as approved and authorized by the
14. Adoption of appropriate Budget
Amendment Resolution #2006-R-165, as shown on page _______, for BAR #06-78 - $2,200,000 - Public
Works - Stormwater Fund. To record additional funding for stormwater
improvements being provided by the St. Johns River Water Management District,
which were approved by the Board on June 27, 2006. These funds will provide for the construction
of a Regional Stormwater Facility that will provide water quality treatment and
flood reduction in the
15. Adoption of appropriate Budget
Amendment Resolution #2006-R-166, as shown on page _______, for BAR #06-79 - $175,000 - Public Safety - Emergency 911
Fund. Appropriate additional funding
for expenses related to increases in E-911 network charges and the
communication services contract as based on the most recent inventory of
equipment and access lines. Each year
our service provider adjusts our monthly network charges to account for
population growth and to adjust our charges based on an inventory of our
equipment and telephone lines that are serviced by the E-911 system. An additional $175,000 is requested to cover
the increase in E-911 Network Service charges through the end FY 2005/06.
16. BCR #06-23 - $100,000 - Public Works – Engineering – 2001
Infrastructure Sales Tax Fund. To provide additional funding for the Longwood
MSBU
21. Authorize the MSBU Program to accept applications for new street lighting districts or equipment upgrades with Florida Power & Light (FP&L) that will require a twenty-year contractual commitment.
Purchasing
23. Accept and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1234-04/TLR – Markham Road Widening with Florida Highway Products, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS CONSENT AGENDA
CLERK’S OFFICE
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve and authorize the following:
41. Expenditure Approval Lists, as shown on page _______, dated June 12, 19, 26 and July 3, 2006; and Payroll Approval Lists, as shown on page _______, dated June 15 & 29, 2006.
42. BCC Official Minutes dated June 13 & 27, 2006.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received and filed”:
1. Amendment #1, as shown on page ________, to Work Order #2 to PS-570-00.
2. Fourth Amendment, as shown on page _______, to RFP-4242-05.
3. Letter, as shown on page _______, to Stage Door II, Inc. from Bob Hunter, Contracts Analyst, Purchasing Division, re: FDOT requirements to future work orders under agreement CC-1252-04.
4. Work Order #5, as shown on page _______, to PS-569-00.
5. Work Order #7, as shown on page _______, to PS-5102-01.
6. Work Order #34, as shown on page ________, to CC-1262-05.
7. Amendment #1, as shown on page _______, to Work Order #4 to PS-5161-04.
8. Amendment #2, as shown on page _______, to Work Order #3 to PS-5161-04.
9. Change Order #1, as shown on page _______, to CC-1262-05.
10. Amendment #1, as shown on page _______, to Work Order #1 to PS-0381-06.
11. M-1121-06 Contract, as shown on page ________, Sears Surveying Company.
12. Traffic Signal Easements, as shown on page _______, for Florida Conference Association of Seventh Day Adventists.
13. Amendment to Conditional Utility Agreement, as shown on page _______, for water and sewer service with Landworks Group for the project known as United Studio Signs.
14. Conditional Utility Agreements, as shown on page _______, for water and sewer service with Ronald W. Edwards & Sidney B. & Linda K. Young for the project known as Edwards-Young Business Office.
15.
Customer Agreements, as shown on page _______,
for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and
Spray Easement for the projects known as Regency Estates Ph. 2 and
16.
Conditional Utility Agreement, as shown on page
_______, for water service with Bear Lake Shoppes LLC for the project known as
17. Conditional Utility Agreements, as shown on page _______, for water and sewer service with Central Florida Educators’ Federal Credit Union; South Bank of Florida; and Dunn 434 Real Estate LLC.
18. Proofs of publication, as shown on page _______, for the May 30, 2006, June 14, 2006 and June 29, 2006 Charter Review Commission public hearings regarding possible charter amendments.
19. Notice from the Public Service Commission re: Petition for approval of revised underground residential distribution tariffs by Progress Energy Florida, Inc.
20. Non-certified Tennis Pro Agreements, as shown on page ________, for the following: Brian Runda; Brittany Ann Collins; Morgan Mitchell; Christian Douglas; and Bianca Ferreira.
21. Certified Tennis Pro Agreement, as shown on page _______, for Robert C. Shetler.
22. Work Order #4, as shown on page _______, to M-401-03.
23. Mutual Termination, as shown on page _______, of Term Contract for Purchase of Gasoline and Diesel Fuel, RFP-4228-04, with Mansfield Oil Co.
24. First Amendment, as shown on page _______, to PS-0381-06.
25. Letter Agreement, as shown on page ________, from Alison Yurko to represent the Seminole County Charter Review Commission.
26.
Maintenance Agreement and Letter of Credit, as
shown on page _______, in the amount of $2,223.15 for the project known as
27. Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $33,858.38 for the project known as Regency Estates Phase 2.
28. Development Orders, as shown on page _______, as follows: #06-3000089, Zucker variance; #06-30000065, Briar Corp. variance; #06-30000066, Hagge variance; #06-3000063 Craven variance; #06-3000059 Figueroa variances; #06-30000054 McEllhiney variance; #06-3000051 Williams variance; and #05-900028 Silvey vacate.
29. First Amendment, as shown on page _______, to PS-0381-06.
30. Work Order #5, as shown on page _______, to PS-5182-05.
31. M-1102-06 Contract, as shown on page _______, Pro Steel Construction, Inc.
32. M-1013-06 Contract, as shown on page ________, Wharton-Smith, Inc.
33. Work Order #51, as shown on page _______, to PS-5129-02.
34. Work Order #5, as shown on page _______, to PS-5153-03.
35. Work Order #48, as shown on page _______, to PS-5129-02.
36. Work Order #12, as shown on page _______, to PS-5144-03.
37. Work Order #10, as shown on page _______, to PS-5175-04.
38. Work Order #5, as shown on page _______, to PS-5113-02.
39. Fourth Amendment, as shown on page _______, to IFB-3072-03.
40. M-0923-06 Contract, as shown on page _______, Facility Integration Solutions.
41. Amendment #5, as shown on page _______, to Work Order #3 to PS-537-99.
42. Work Order #13, as shown on page _______, to PS-5144-03.
43. First Amendment, as shown on page _______, to RFP-4264-05.
44. Work Order #2, as shown on page _______, to PS-5185-05.
45. Work Order #13, as shown on page _______, to RFP-4241-05.
46. Certificate of Final Completion, as shown on page _______, for CC-1262-05, (Work Order #16).
47. Work Order #1, as shown on page _______, to CC-0012-05.
48. Certificate of Final Completion, as shown on page _______, for CC-1262-05 (Work Order #2).
49. Certificate of Final Completion, as shown on page _______, for CC-1262-05 (Work Order #1).
50. First Amendment, as shown on page _______, to IFB-3099-05.
51. Letter, as shown on page _______, to KMG Fence, LLC, from Bob Hunter, Contracts Analyst, Purchasing Division, re: FDOT requirements to future work orders under CC-1267-05 agreement.
52. Work Order #50, as shown on page _______, to PS-5129-02.
53. Work Orders #6 & #7, as shown on page _______, to PS-5190-05.
54. Amendment #2, as shown on page _______, to Maintenance Agreement/Letter of Credit for the project known as Buckingham Estates Ph. 2.
55.
Sponsored Program Agreement, as shown on page
_______, with the
56.
Seminole
57. RFP-600004-06 Mounted Water Tank Cannon Purchase Agreement, as shown on page _______, Ring Power Corp.
58. Work Order #47, as shown on page ________, to PS-5129-02.
59. Certificate of Final Completion, as shown on page _________, for CC-1262-05 (Work Order #13).
60. Utility Easement, as shown on page _______, for Shoppes of Hunt Club, LLC.
61. Work Order #43, as shown on page _______, to PS-5165-04.
62. Work Order #6, as shown on page _______, to RFP-4108-01.
63. Work Order #1, as shown on page _______, to RFP-0619-06.
64. Change Order #1, as shown on page _______, to CC-1262-05.
65. Certificate of Final Completion, as shown on page _______, for CC-1262-05 (Work Order #21).
66. Third Amendment, as shown on page _______, to M-374A-04.
67. Performance Bond #41073391, as shown on page _______, in the amount of $836,051.98 for the project known as N. Kennel Road right-of-way.
68. Art Exhibition Agreement, as shown on page _______, with Gary Borse.
69. Work Order #1, as shown on page _______, to RFP-0558-06.
70. Work Order #37, as shown on page _______, to PS-5120-02.
71. Second Amendment, as shown on page _______, to IFB-3071-03.
72. Change Order #1, as shown on page _______, to CC-1242-04.
73. Memorandum to Sandy McCann, Commission Records Supervisor, from William McDermott, Economic Development, relating to Outstanding BCC Document/Florida Extruders.
74. Recorded Grande Oaks Developer’s Commitment Agreement, as shown on page _______, approved by the BCC on September 27, 2005.
75. US 17-92 Community Redevelopment Agency 2005 Annual Financial Report.
76. RFP-4269-06 Contract, as shown on page _______, Flowers Chemical Laboratories, Inc.
77. First Amendment, as shown on page _______, to PS-569-00.
78. Letter, as shown on page _______, to CEM Enterprises from Bob Hunter, Contracts Analyst, Purchasing Division, relating to FDOT requirements to future work orders under CC-1198-02 agreement.
79. First Amendment, as shown on page _______, to RFP-4259-05.
80. Bids as follows: RFP-0613-06; CC-0854-06; RFP-0996-06; PS-0977-06; RFP-600006-06; CC-1055-06; IFB-600045-06; and RFP-1060-06.
REGULAR AGENDA
Assistant Planning Manager, April Boswell,
addressed the Board to present request for a reduction of the penalty of a Code
Enforcement Lien for Case #05-88-CEB, for property located at
Motion by Commissioner Carey, seconded by Commissioner Dallari to approve a reduction to the Code Enforcement Board Lien from $10,200 to $3,761.95 for Case #05-88-CEB on property located at 3600 Sanford Avenue, Robert Smith and Mercerdees L. Murrell TC50; and require these costs to be paid within a six-month time period, or the lien will revert to its original amount; and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Fiscal Services, Lisa Spriggs, addressed the Board to request the setting of proposed tentative millage rates for FY 2006/2007; and to authorize scheduling the budget hearings for September 13 and 26 at 7:00 p.m.
Motion by Commissioner Morris, seconded by Commissioner Carey to set proposed tentative millage rates as follows to be included on the TRIM notifications: Countywide – 4.9989; Unincorporated Roads MSTU - .1228; Fire MSTU – 2.6334; Natural Lands/Trails Voted Debt - .1451; for a total of 7.9002; and to authorize staff to schedule and advertise two public hearings for the adoption of the tentative and final operating and capital Budget for Fiscal Year 2006/2007.
Under discussion, Commissioner Van Der Weide recommended moving the countywide millage down a notch to 4.9575 to show the Board’s appreciation to the citizens. He added that he feels the Board needs to give something back to the citizens.
Chairman Henley disagreed, stating the cost of government and providing the services the citizens demand has gone up; therefore, he feels the millage should be left as is.
Commissioner Van Der Weide stated since he has been on the Board, the millage has been rolled back twice. He said the County is sitting with a windfall and doing very well; and the reduction would be a token to the citizens.
Motion by Commissioner Van Der Weide to amend the Countywide Millage by reducing it to 4.9575.
The Chairman called for a second three times without response, whereupon, the motion died for the lack of a second.
Upon inquiry by Chairman Henley, Ms. Spriggs advised the reduction would calculate to $4.14 per $100,000.
Commissioner Carey pointed out the National Lands/Trails Voted Debt actually went down this year so the taxpayers are getting a little break.
Commissioner Dallari suggested that between now and the public hearings, the Board can look to see where in the budget things can be cut; rather than doing a blanket millage cut because he would like to see where the money is coming from.
Commissioner Morris stated
The main motion was voted upon and carried with Districts 1, 2, 3, 4 and 5 voting AYE.
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Matt Chesler, Cable Franchising Program Manager, Steve Olson, Community Information Director, and Arnold Schneider, Assistant County Attorney, addressed the Board to present request to transfer control of the BellSouth Interactive Media Services, Inc. cable television franchise to AT&T.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2006-R-173, as shown on page _______, approving the transfer of control of the cable television franchise awarded to BellSouth Interactive Media Services, Inc., now known as BellSouth Entertainment, LLC to AT&T, Inc. for the remaining term of the franchise.
Under discussion, Commissioner Morris commended Assistant County Attorney, Arnold Schneider, for his excellent work on this.
Districts 1, 2, 3, 4 and 5 voted AYE.
Director of Library & Leisure Services,
Suzy Goldman, addressed the Board to discuss the Jetta Point Multipurpose
Fields operational options, reminding the Board that the staff presented the
conceptual framework for a potential agreement with Central Florida United
Soccer Club, Inc. (CFU). At that time,
the Board directed staff to come back today with options and related costs for
operating the park and CFU’s projected schedule of usage for the multipurpose
fields. The Board also discussed
contacting the cities of
Ms. Goldman further advised there are three options – Option A – County; Option B – Priority Use; and Option C – Lease. She briefly reviewed all three options. She stated that in order to assess current demand for multipurpose fields in the vicinity of the Jetta Point property, staff analyzed the requests for use of the lighted practice field at Red Bug Lake Park. Over 50% of the requests for fields are generated by teams associated with Central Florida United Soccer. Only 47% of total user requests are filled; and it is estimated that over 25 CFU coaches are attempting to schedule this field in competition with each other. CFU projects that teams associated with the club will utilize the multipurpose fields at Jetta Point from February through July and August through November. The number of fields needed will vary from one to four used simultaneously during certain days of the week and hours of the day. During June and July the simultaneous use of one to two fields was specified in the schedule provided by CFU. She stated that based on current demand at Red Bug Lake Park, CFU will be the major user of the multipurpose fields at Jetta Point. Option B – Priority Use appears to be cost-effective, while allowing CFU to work with the County in a more organized fashion to allocate field usage. Because demand from other users is anticipated, staff recommends that priority use be limited to 3 designated fields.
Commissioner Morris complimented staff on a good plan.
Chairman Henley agreed, stating this is the most viable plan for this facility.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve Option B – Priority Use for the Jetta Point Multipurpose Fields, as outlined by staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
At the request of the Board, Ms. Coto advised she will provide the Board with a time schedule on both Jetta Point and Soldier’s Creek.
Ms. Coto requested Board action with regard to the Charter Review Commission’s request for an additional $20,000 for attorney costs.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Budget Amendment Resolution #2006-R-174, as shown on page _______, in the amount of $20,000 for attorney costs associated with the Charter Review Commission.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Coto notified the Board that she will be sending out information to them regarding the projected time lines regarding the Water & Sewer Refunding Revenue Bonds Series 2006; and the request to assign the underwriters for same will be brought to the Board at the August 8, 2006 meeting.
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The Chairman recessed the meeting at 11:46
a.m., reconvening at 1:31 p.m.
with all Commissioners and all other Officials, with the exception of Deputy
Clerk Sandy McCann who was replaced by Deputy Clerk Carylon Cohen, who were
present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to authorize the filing of the proofs of publication
for this meeting’s scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
REZONE FROM A-1 TO
PCD/YVONNE
CALDER & RANDY
THOMPSON, Continued
Continuation
of public hearing from May 23, 2006, to consider rezoning 2.25+/- acres (Big
Boys Storage) from A-1 (Agriculture) to PCD (Planned Commercial Development)
located on the north side of Mikler Road, 850 feet west of SR 426, as described
in the proof of publication, Yvonne Calder & Randy Thompson.
Ian
Sikonia, Planner, addressed the Board to present the request, stating the
P&Z Commission voted 6 to 0 to recommend approval of the request with
recommendation that Condition #1 be amended to include trailers and vehicles;
Condition #5 be amended to state 6:00 a.m. to 10:00 p.m.; and Conditions #6,
#7, #9, #12 and #13 be revised to adhere to the property being appropriately
shielded. He said staff recommends
approval of the request to rezone from A-1 (Agriculture) to PCD (Planned
Commercial Development), subject to the Preliminary Site Plan and Development
Order.
Upon
inquiry by Commissioner Carey, Mr. Sikonia confirmed that this is the first development
and this applicant will be making the improvements in front of his property out
to SR 426. He said this is one of the
conditions the staff has placed on the development.
Randy
Thompson, applicant, addressed the Board to state one of the concerns he had at
the May 23 meeting was that he was informed about the change of rezone
approximately one hour before the meeting.
He said he doesn’t know when the Board discussed the concerns they had,
and he does understand and appreciates the concern the Board had about the use
of the property. He personally does not
have an issue with restricting it to what they had requested to do with the
property, and that is outdoor storage.
He said he was under the impression that only the applicants could ask
for a request for a change of a rezone.
He said one concern the residents had was about the view shed. He has done research and looked in the County
codes to find out what the codes for the view shed are, but he has not been
able to find anything. He asked if
someone could provide him with those codes, because that was one of the big
concerns. Another concern was the
technology corridor. He asked if he
could get a copy of the survey delineation of the technology corridor that’s
coming through
Commissioner
Morris advised that there is none, it’s an idea. Commissioner Dallari added that it’s verbal
only. Commissioner Morris stated that it
is not up for consideration and it would not affect Mr. Thompson’s
property. He explained the issue of the
Mr.
Thompson advised that when standing at the west edge of his property, which is
the nearest boundary line to SR 417, you cannot see SR 417 from there. He personally does not think his property
would be impacted. He reiterated that he
does not have an issue with restricting him as he understands the concerns, and
he is willing to meet the County more than halfway. He proposed that he is willing to comply with
the C-3 Land Development Code as it pertains to a PCD. That would allow the County to have control
of his property but allow him to develop it at a cost reasonable to him. He advised that because of the 15 conditions recommended
by the County, that will add about $150,000 to his development and it is not
that much of a development cost to begin with.
Because of the buffers, that will decrease his property usage from about
2.25 acres to about 1.6 acres and he will lose about nearly half of the parking
spaces. To recoup the cost, he said he’s
almost at the point that it’s not cost feasible for him. He explained that he and his wife wanted to
buy a boat and their subdivision does not allow you to park a boat in your
driveway or in your yard, even behind a fence in the yard. They began going around to storage areas in
the vicinity inquiring of the cost to park a boat and found that within a 20
mile radius, every storage unit was full with a waiting list. So, they came up with the idea of developing
a piece of property to park their boat and provide a service to the community
as well. He said another issue brought
up was bringing water to their property.
He asked for consideration for a shared cost with the County to bring
the 8” water line up from SR 426 to his property, because at some point in
time, either businesses or homes will tie into that line and that will create
revenue for the County. He doesn’t think
it is fair for him to incur that cost which is in the neighborhood of $20,000. Further, he said he thinks an 8’ white,
opaque fence would be more of an eyesore than having a chain link fence. He also sees this as a safety issue. Additionally, an 8’ fence would be a special
order fence and that would cost about $20,000 versus about half that cost for a
chain link fence. He stated he does not
want to touch the wetlands on the back and will be happy to buffer that and
leave some space for the sake of the environment. He said when they shrink the land on the
sides, that again gets to the point where it is not feasible for him to do this
project. Mr. Thompson showed photos
(received and filed) of storage units within approximately 2.5 miles of his
proposed project that do not have any buffers or landscaping; they do have
chain link fences and all these properties border SR 426. He pointed out that his property is 800’ up a
dead-end road. He showed a picture
(received and filed) of the FDOT lot with a chain link fence on SR 426 showing
the bypass running in front of the building about 15’ from the chain link
fence. He showed another picture
(received and filed) of a storage unit about two miles down the road from his
property of a private boat storage space that has been there about six
months. Mr. Thompson said one person
opposed their project and he had a question about the trees. Mr. Thompson said the trees are not on his
property so he could not touch them any way.
He showed a picture (received and filed) of the chain link fence with
green mesh and said it looks hideous. He
showed another picture (received and filed) of a storage unit on the corner of
Aloma and Red Bug Road with no buffering, trees or anything like he’s being
asked to do. He showed a picture
(received and filed) of the view up the road from his property and said SR 417
cannot be seen. He showed a picture
(received and filed) of Slavia Road where SR 417 is above the area; a picture
(received and filed) of the area across the street from his subdivision taken
from SR 426 that has no buffering and no trees; and a picture (received and
filed) of Mr. Tesinky’s property on SR 426 with no buffering or no opaque
fence.
Chairman
Henley advised one Written Comment Form from Gordon Mitchell was received and
filed in opposition to the request.
Yvonne
Calder, applicant, addressed the Board to state when they first came to the
County, it was very simple and staff advised her that this would be very
simple. Unfortunately, they have been
from one side to the other. She said the
P&Z Commission all agreed that there are way too many things the Board is
asking of them. They are now back again
asking the Board to reconsider the six points her husband just presented. She said all they want to do is have open
storage to park the boats and probably some RV’s.
Upon
inquiry by Chairman Henley, Mr. Sikonia said the P&Z discussed the conditions;
then began the review of each one and at the end, decided that #6, #7, #9, #12
and #13 needed to be amended one way or another. He said they were not amended by staff and
staff is recommending the original conditions.
Tina
Williamson, Planning, addressed the Board to state many of the conditions staff
put in the Development Order for the proposed project came from the Development
Order for the Tesinky RV Storage. The
language for the canopy trees, sub-canopy trees and buffer was taken directly
from the Tesinky Development Order.
Staff basically looked at different storage projects within the County
and came up with the conditions based on what was required in those projects. She explained that the Tesinky project was
approved with a chain link fence with tennis-style mesh wind screening, but
that material is not durable and doesn’t get maintained. Staff had a concern for that style of
screening and that is why they went with the opaque fencing for this applicant.
Commissioner
Carey stated if that type screening is part of a development order, she would
expect that Code Enforcement would ensure that it is being maintained. The point was to have the screening so the
neighbors don’t have to see the RV’s and boats parked on the property. She expressed hope that the Code Enforcement
Officer be sent out to look at that issue.
District
Commissioner Dallari stated he has similar concerns about the list of
conditions, #1 through #14, and he was going to recommend some changes to the
entire list.
Commissioner
Morris stated the reality is they have been living with the “sins of their
fathers” for years with areas that had been zoned with no qualifications or
criteria. He said this Board has a
higher standard and respect the residents more; and respect the businesses more
not to open up any “rinky dink” kind of development that is fully exposed in
any way to the public. He stated that in
this particular case, surrounding this property to the northeast, northwest,
west and east are residences. They have
to be compatible with those residences.
They are setting a precedence relative to other developments and other
people coming forward. Because the other
developments had pre-existing conditions does not mean the Board should ignore
what the current codes and current standards are of the County versus what
someone may have done. He pointed out
also that in this case, there are subdivisions that have three foot walls that
back in the 1970’s and 1980’s, the
Mr.
Sikonia advised Commissioner Dallari that the need for the water main for the
fire hydrant is to meet the fire codes.
If a boat should catch on fire, the nearest fire main is 1,000 feet
away.
Commissioner
Carey said something the County has not looked at, but should do so, is that
when a development comes in and a developer is the first one in and is at the
end of the road and runs the utilities down the road, in many jurisdictions,
there is an opportunity for the developer to recapture that cost. As other developers come in, they tap into
the line and pay for it. The County
allows for the first-in developer to be reimbursed by future developers. She said this is something for
Upon
inquiry by Commissioner Dallari, Ms. Williamson discussed the reason for the
setbacks.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to approve the request and authorize
the Chairman to enact an ordinance to rezone 2.25+/- acres (Big Boys Storage)
from A-1 (Agriculture) to PCD (Planned Commercial Development), located on the
north side of Mikler Road, 850 feet west of SR 426, subject to the Preliminary
Site Plan and Development Order, based on staff findings; as described in the
proof of publication, Yvonne Calder and Randy Thompson, with amended conditions
in the Development Order as follows:
Condition #6, instead of specifying PVC fence, replace that with opaque
fence; reduce the east and west property line setbacks to 15 feet; Condition
#9, remove the understory trees and just have the four canopy trees per 100
linear feet; Condition #11, opt to put payment to the sidewalk fund equal to
the cost of the installation of the sidewalk.
Commissioner
Morris advised there is no sidewalk fund.
Upon
inquiry by Commissioner Van Der Weide, Mr. McMillan advised there is no
sidewalk fund, and in the past, the County has allowed contributions to be made
to the transportation fund and the County then takes on the obligation of
putting in whatever sidewalk is needed at whatever time.
Whereupon,
Commissioner Dallari amended his motion to delete his change to
Condition #11 and leave it as is in the Development Order.
Ms.
Williamson clarified with
Commissioner Dallari his intent for Condition #6 is to reduce the east and west
property line buffers to 15 feet.
Under
discussion, as a friendly amendment,
Commissioner Carey asked if Commissioner Dallari would consider leaving the
understory trees in as part of the requirement for buffering, since they don’t
know how the opaque fence will look.
Whereupon,
Commissioner Dallari stated he would accept
the friendly amendment to leave in
the understory trees.
Commissioner
Carey asked for further clarification.
She said if there is a 15-foot setback for the fence, and require ment
for a 20-foot landscape buffer along the east and west property lines, then all
the other setbacks should change accordingly.
Whereupon,
Commissioner Dallari agreed with Commissioner Carey.
Commissioner
Morris stated that has to be spelled out to be crystal clear. He requested a break at this time to allow
Commissioner Dallari to work out the correct wording for the motion.
Chairman
Henley recessed the meeting at 2:10 p.m. and reconvened it at 2:12 p.m.
Motion by Commissioner Dallari to
approve the request and authorize the Chairman to enact Ordinance #2006-47, as
shown on page _______, rezoning 2.25+/- acres (Big Boys Storage) from A-1
(Agriculture) to PCD (Planned Commercial Development), located on the north
side of Mikler Road, 850 feet west of SR 426, subject to the Preliminary Site
Plan and amended Development Order, as shown on page _______, based on staff
findings; as described in the proof of publication, Yvonne Calder and Randy
Thompson, with amended conditions in the Development Order as follows: Condition #6, instead of specifying PVC
fence, replace that with opaque fence; the fence should be set back the minimum
of 15 feet from the front property line and 15 feet from the east and west
property lines; Condition #7, there shall be a 15-foot landscape buffer on the
south side of the property line and 15-foot landscape buffer on the northeast
and west property lines.
Commissioner
Van Der Weide accepted the amended motion.
Under
discussion, Commissioner Morris asked if Condition #15 falls in conflict with
some of the amendments to the motion. He
said it looks like they should eliminate that condition and say the development
does not need to comply with the site plan or come up with something that makes
the development legal.
DCM
Don Fisher addressed the Board to state he doesn’t believe the code is being
violated with the changes made by Commissioner Dallari. He said in this particular project, the buffers
and fencing requirement do not apply because the property is not surrounded by
residential zoning or residential land use, so this is an interim step to
bridge the gap between the industrial land use in the area developing while the
single-family homes around it exist. He
said there is some flexibility in this case to do some things differently than
what they have experienced in the past.
Commissioner
Carey added the Board has some flexibility because this is a PCD also.
Commissioner
Morris said he can’t support the motion because it is a diminution of their
standards from what they have been doing in the past. He explained the reason they build in these
things is to build in protections.
Districts
1, 3, 4 and 5 voted AYE.
Commissioner
Morris voted NAY.
REZONE
FROM A-1 TO R-1AA/JAY BARFIELD, Continued
Continuation
of a public hearing to consider rezoning 10+/- acres located on the west side
of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1
(Agriculture) to R-1AA (Single-Family Dwelling); as described in the proof of
publication, Jay Barfield.
Benjamin
Dunn, Senior Planner, addressed the Board to present the request, stating staff
determined that the lot size compatibility analysis did not support the
requested rezone to R-1AA; however, it would support the R-1AAA. Based on that, staff recommends denial of the
request to rezone to R-1AA and finds that R-1AAA would be more
appropriate. The P&Z voted 7 to 0 to
recommend denial of the request.
Applicant,
Jay Barfield, 1105 Via Del Mar, addressed the Board to state he is a general
contractor who develops and builds houses and commercial buildings. He said the purpose of his request is to ask
for zoning changes from A-1 to R-1AAA.
They are requesting a modification that the south lots and lots west
that back up to Stonehurst be rezoned to R-1AAA, but the remaining lots on the
north end be rezoned to R-1AA. He said
they have met with staff and agree with staff’s recommendations; and have
complied with all the issues of staff and with as many as they could of the
issues of the neighborhood. They are
asking for a density of 2.3 units per acre and not trying to maximize up to
four units per acre. He showed on a map
(received and filed) the subject property and other surrounding neighborhoods
of Stonehurst, Cardinal Creek, Cobblestone and Kenmure, with suburban estates
to the south. He stated they tried to
design the site plan (copy received and filed) to incorporate the issues of concern. They have agreed to do a conservation
easement along the back of the lots; have proposed a 15’ easement to keep the
trees to buffer the suburban estates. He
said they will comply with the
John
Herbert, American Civil Engineering Company,
Upon
inquiry by Commissioner Carey, Mr. Dunn said he understands that a lot of the
drainage issues were resolved since the 1996 suit against the County.
Chairman
Henley advised Written Comment Forms in opposition have been submitted from
Karen Cunningham, Linda Duncan, Robert Ralph, Geri Bugge, and Diana Dunlop.
Dianna
Blakey,
Notebooks
(copy was received and filed) titled, “
August
Bugge, 100 Milinda Lane, addressed the Board to state the residents in the
Brooks and Gabriella corridors have come together to reach a general consensus
about the development of their area. He
said he is expressing the views of many homeowners who signed the petition
opposing this rezoning, including the 44 homeowners in the Raintree Country
Estates community. He showed a plot plan
of the area, stating it shows one perspective of the community with property
lines and roads. He said that view does
not convey the true character of the community.
He showed an aerial photo (received and filed) to distinguish the
different corridors. He said the
subdivisions, schools and commercial businesses in the Tuskawilla corridor have
no direct access to Gabriella or
Martha
Cannon,
Alice
Cannon,
Michael
Amato,
Virginia
Watts,
Michelle
and Robert Turner,
Mr.
Turner continued that under Future Land Use Policies 12.5 and 12.7 references
made to compatibility with the abutting approximate land uses. He said abutting to the north is 15 acres of
agricultural land; to the east is over 1,000 feet depth of conservation land
protecting the Brooks Lane corridor; to the northeast is approximately 20 acres
of A-1 LDR developed as estates further substantiating the metro community
development pattern as large lots. He
requested the Board to look at what is on the ground now with the long-standing
desires and development patterns of this community; follow the lead of the
P&Z Commission; and deny this rezone request to R-1AAA or any density
greater than one house per acre.
Pat
Peterson,
Don
Peterson,
Tracie
Blakey,
Ms.
Blakey said in any normal rainy season, she has at least six to eight inches of
rain in her pond that fully encompasses the neighbor’s front yard across the
street. Therefore, she would like to
request that the residents have a final approval again so that what is talked
about today will be laid out the way they say it will be.
Chairman
Henley advised Ms. Blakey that will be staff’s responsibility to follow through
with the County engineers, and the project will come back. District Commissioner Dallari will have every
opportunity he wants to talk to staff about the project.
Ms.
Blakey said she agrees she would like the project as one acre lots.
Stephanie
Black,
Jacque
Gellein,
Faust
Capoblanco,
Jack
Krips,
No
one else spoke in support or in opposition.
Speaker
Request and Written Request Forms were received and filed.
Chairman
Henley had Mr. Fisher to address the question of the appropriate use of the Lot
Size Compatibility Ordinance in relation to this and the surrounding
properties. Mr. Fisher said this
ordinance does apply and is applicable to any property that is low density
residential, whether it is residential land use or a rezoning request that is
being proposed.
Mr.
Fisher also answered questions by Commissioner Carey on how the lot size compatibility
analysis was calculated. He explained
this analysis is only one tool to use to determine whether zoning is
appropriate.
Chairman
Henley reviewed that the staff recommendation is to deny rezoning to R-1AA, but
staff would support R-1AAA.
Commissioner
Morris disclosed ex parte communications with both sides of this issue on
multiple occasions. Chairman Henley
stated he met with both sides also and any notes that have come in have been
submitted to the Clerk for the record.
(Copies of e-mails were received and filed.)
Commissioner
Van Der Weide said he thinks they all have met with both sides.
Commissioner
Carey stated she had met with both sides.
She submitted an e-mail (received and filed) received today from Diana
Knowles Dunlap, who requested that it be submitted to the record. In the e-mail, Ms. Dunlap refers to a deed
restriction (copy received and filed) that Commissioner Carey said she found in
her earlier investigation which limited the size to two acres. She advised that the deed restriction sunset
in 1999.
District
Commissioner Dallari advised he has also had various ex parte communications
with the citizens as well as the applicant.
He has met the applicant and various citizens on the site and in various
other locations. He also received a
number of e-mails and correspondence (received and filed) which he submitted to
the record.
Commissioner
Dallari referred to the table in the staff report and stated in looking at the
suburban estates, directly to the west is R-1AAA, directly to the north is LDR
and to the west of that is R-1AAA as well.
He has looked at the Small Area Study and recall in the minutes that the
Section 30 line is clearly the debarkation between suburban estates and low
density residential, he thinks the transition from suburban estates going north
is appropriate and he believes that the transition in that should be somewhere
around R-1AAA.
Motion by Commissioner Dallari to
approve the request and enact an ordinance for rezoning 10+/- acres, located on
the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake
Road, from A-1 (Agriculture) to R-1AAA (Single Family Dwelling) and authorize
the Chairman to execute the document; as described in the proof of publication,
Jay Barfield.
Commissioner
Morris called for a point of order. He said the motion is out of order as
Commissioner Dallari needs to deny the request before the BCC first and then
make an alternative motion for the zoning.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to deny the request for rezoning 10+/- acres,
located on the west side of Brooks Lane approximately 0.42 miles south of Red
Bug Lake Road, from A-1 (Agriculture) to R-1AA (Single Family Dwelling); as
described in the proof of publication, Jay Barfield, based on the staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Dallari reiterated that he believes R-1AAA is the proper transition from
suburban estates going north, which is the same transition going west as
well.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to approve the request and enact an
ordinance rezoning 10+/- acres, located on the west side of Brooks Lane
approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to
R-1AAA (Single Family Dwelling) and authorize the Chairman to execute the
document; as described in the proof of publication, Jay Barfield.
Under
discussion, Commissioner Carey stated that while she understands the lot
compatibility and how staff went through the process, LDR in her opinion could
be any one of many categories. She said
she has been a big proponent of transitional zoning and while she wasn’t on the
Board when the line was drawn at Section 30, she doesn’t believe that R-1AAA is
appropriate next to one acre. It might
be that half acres would be the maximum that she thinks should be next to that
with a nice 35 foot buffer. She said she
would not be supporting the motion.
Commissioner
Morris stated he listened very closely to the arguments in his office yesterday
with Mr. Fisher regarding how a lot compatibility analysis would work in this
particular case and the applicability with respect to the agricultural zoning
to the south, and with the future land use being country estates. He said he was hoping there would be relief
there and Mr. Fisher did not provide that relief. The other part is that the lot compatibility
is one they can choose to apply or not apply.
This comes down to exactly the way Commissioners Dallari and Carey have
phrased it; that is, what is appropriate for transition. The transition at the time when they did the
original study indicated the Board drew a line in the sand, and that was what
the Board at that time perceived as one unit to the acre. To the south, maybe even larger in some
cases, with five acre lots and so on; and to the north, would be some lower
density, but not to the highest level of intensity as R-1A zoning. He said in this case, he personally can see
the R-1AAA. He can see a public record
that is more thorough than the one they had at the time when they did the small
area study. The idea then was to get
through something that would protect the area and the Board did not want to get
any lawsuits for particular property owners, including the ones here before the
BCC now. Consequently, it would become a
major, massive controversial issue if they try to do this again. Then it wasn’t because it went through
smoothly because of compromise. Now,
years later, that compromise is back before the Board and forcing them into an
issue that is very uncomfortable and unfortunate.
Districts
1 and 3 voted AYE
Commissioners
Morris, Carey and Henley voted NAY.
Chairman
Henley announced that the motion failed
three to two.
Commissioner
Morris said he thinks the setback requirement is the issue that needs to be
dealt with. He also thinks the
appropriate buffer zone would allow for R-1AAA if they had it.
Chairman
Henley recessed the meeting at 3:33 p.m. and reconvened it at 3:47 p.m. with
Commissioner Morris and Ms. Coto entering late.
APPEAL
BOA/JOHN KELLY
Continuation
of a public hearing to consider appeal of the Board of Adjustment’s decision to
deny a special exception to establish an alcoholic beverage establishment
(package liquor store) located on the northwest corner of the intersection of
Red Bug Lake Road and Oviedo Crossing Terrace; as described in the proof of
publication, John Kelly.
Kathy
Fall, Principal Planner, addressed the Board to present the request, stating
the history of the case and that the effect of the Circuit Court Order is as if
the Board of County Commissioners never issued an order upholding or
overturning the decision of the Board of Adjustment.
Attorney
John Bennett,
Chairman
Henley advised the Board will reopen the public hearing because they are back
to square one as a result of the judge’s ruling.
Whereupon,
Attorney Bennett submitted to the record an Appendix (received and filed) with
all the testimony from the last hearing and the original Writ of Certiorari
(received and filed).
County
Attorney Robert McMillan clarified that all the evidence that was before the
BCC is before them again by virtue of the procedures the courts provide in the
law. He stated the Board is legitimate
in reopening the public hearing, taking new evidence and making a new judgment
based on the new evidence and evidence already in the record.
Kristine
Kraus,
William
Odahowski,
Jody
Barry,
Commissioner
Morris asked Mr. Barry if he believes that a the use of a liquor store, which
is a legally-operating entity and is in the Comprehensive Land Use Code, would
be incongruous versus a restaurant like Chili’s across the street, used by many
of Florida Hospital’s employees, which has two happy hours a day, would not be
incongruous.
Mr.
Barry said he believes the main thrust of the argument is the image of a liquor
store.
Upon
further inquiry by Commissioner Morris, Mr. Barry stated they don’t have any
specific zoning arguments against the liquor use and they acknowledge that.
Upon
inquiry by Commissioner Carey, Mr. Barry stated in the future, they could
develop on their land anything that might be complementary to what’s now on the
site. He said if it were a restaurant
that served alcohol like Chili’s, that would be fine.
Upon
inquiry by Commissioner Dallari, Mr. Barry affirmed that if there is a
restaurant with the primary purpose of serving food, there would not be an
issue, but if there is an establishment with the primary purpose of selling
alcohol, there is an issue and it is based on his faith-based, medical opinion.
Upon
inquiry by Commissioner Morris, Mr. Barry clarified for the record that their
mission is to extend the healing ministry of Christ, however, they don’t try to
force that mission and opinion on the community. Their main thrust of the argument today is
that they don’t feel the image and use of a liquor store that sells 100% alcohol,
as opposed to a restaurant, is the right use.
Commissioner
Morris further clarified with Mr. Barry that there is approximately two acres
between the current site acquired by
Commissioner
Carey discussed that there are other package stores in the general vicinity of
this project. She reviewed the
application letter stating the project would not serve alcohol on site, but it
would be strictly package store consumption, along with other things, and there
would not be a bar. Attorney Bennett
stated this project would be similar to the facility on SR 436 in
Commissioner
Morris noted that the Board has had a minimal number of calls from the public
regarding this site and
Rex
Weeks, director of construction for ABC, addressed the Board to state there are
approximately 30 ABC liquor stores in Central Florida; approximately 150 in the
state of
Mr.
Weeks showed a picture (not received and filed) of their standard design and
said the picture is similar to what is being proposed to be built. He advised Commissioner Morris that they are
willing to work with any building department to try to build any type of regal
and upscale project as much as they can and meet any kind of requirements
necessary.
Mr.
McMillan reminded the Board that this is a special exception and the Board
could put any conditions on it they choose to in order to harmonize it.
Attorney
Bennett reiterated what the court said and stated he believes there is no
competent, substantial evidence that would allow a denial.
Commissioner
Dallari advised he received an e-mail (received and filed) addressed to Kathy
Fall from
Commissioner
Dallari discussed with Ms. Fall how this use is consistent with the surrounding
area.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Chairman
Henley stated he has been hearing opinions from both sides and they have
discussed quite a bit about compatibility.
Unfortunately, staff looked only at compatibility as it relates to
schools and churches and not from the surroundings. Also, he thinks it is important to recognize
that there have not been many demonstrations before the BCC on hardly any
matters, though there have been a significant number of people turn out on
various issues dealing with compatibility.
He said he personally does not feel that what the applicant is doing is
compatible with the community and especially with the
Commissioner
Carey discussed with staff the separation from this site to the current
Commissioner
Carey advised she has had a number of calls from residents in the
Chairman
Henley stated that one of the things that is troubling him is the fact when you
read the report of the courts, it appears the only thing that matters is the published
rules the County has. He said although
he does not agree this is appropriate at this location and he is opposed to it;
however, he thinks with the wording the Judge put in and the restrictions on
the project, he doesn’t think the Board has much of a chance how they could
spend their dollars by sending it back.
He said he will probably support the request, but with the understanding
that he will ask the Board to revisit the rules and regulations they have regarding
special exceptions in this nature. He
thinks there are ways the Board has at its disposal to be able to deal with
these types of situations.
Commissioner
Van Der Weide stated the thing that disappoints him about the court proceeding
is the fact the public don’t seem to have any standing unless you’ve got an
engineering degree or a planner’s degree.
What the public sees as compatible or incompatible means nothing. He said he agrees with the Chairman and he is
opposed to the project, but he doesn’t see where they can do anything without
readdressing and documenting future land use.
He said he has been saying for many years that the public needs to have
a professional group that is able to represent them in the standing at the
court.
District
Commissioner Dallari stated he believes from the testimony heard today from
Motion by Commissioner Dallari to
uphold the Board of Adjustment’s decision to deny a special exception to
establish an alcoholic beverage establishment (package liquor store) located on
the northwest corner of the intersection of Red Bug Lake Road and Oviedo
Crossing Terrace; as described in the proof of publication, John Kelly.
Chairman
Henley called for a second to the motion three times without response,
whereupon, the motion died for the
lack of a second.
Commissioner
Morris stated the code is very clear and this is a black and white issue. The opinions, unfortunately in this case,
don’t matter. The discipline the Board
must maintain when it looks at its code is not one that is so wildly
speculative that it allows opinion versus what the code factually requires to
render a decision. It is clear in this
case; the Judge ruled, and he thinks he ruled exactly on point. Someone may disagree with what the net result
of that is. If they want to adjust this,
they have to adjust the code, but they can’t rule on the fly and make decisions
based upon one’s personal opinion versus what is quite clearly a black and
white decision.
Commissioner
Morris further stated the issue that is deeply troubling to him is the gross
misunderstanding of alcoholism and what it does and what happens in the course
of a society. He said the idea of not
villainizing a grocery store such as an Albertson’s, which is a stand-alone
door entrance, but they do villainize an ABC store, which to him is very
unfortunate. It goes to misunderstanding
the actual social problems and commercial issues they are dealing with and the
underlying use.
Motion by Commissioner Morris, seconded
by Commissioner Carey, to overturn the Board of Adjustment’s decision to deny,
thereby, granting a special exception to establish an alcoholic beverage
establishment (package liquor store) located on the northwest corner of the
intersection of
Under
discussion, Chairman Henley stated he doesn’t disagree with all the opinions
Commissioner Morris just stated. He said
he has quite a bit of experience and background in dealing with the results of
alcohol and alcoholism, and he has seen the results of it and the
proliferation, regardless whether it is Albertson’s, 7-11 or anybody else,
making it accessible, particularly to young people. That’s why he said he is going to be pushing
to give the Commission some control over this proliferation. He thinks it is important for them to go back
and spend some time on how they can get some control.
Commissioner
Morris said he supports that effort.
Commissioner
Carey said she thinks, if the law is upheld, it is adults buying alcohol at any
of these establishments. She said she
doesn’t believe this is necessarily a Christian issue and it offends her a
little bit that it gets painted as just a black and white Christian issue,
because it goes much deeper than that.
Commissioner
Carey called the question.
Districts
2, 3, 4 and 5 voted AYE.
Commissioner
Dallari voted NAY.
Commissioner
Van Der Weide stated he would move a motion on the Chairman’s recommendation to
have consensus by the Board. Whereupon,
Chairman Henley said, without objections by the Board, he will ask staff to
provide the Board with a number and location of all package stores and all
places where alcohol is sold so the Board can get some idea of what they are
dealing with, with the intent to put some type of limitation upon how many will
be allowed in Seminole County. There
were no objections.
Commissioner
Morris added that will include the sale of beer and wine.
Upon
inquiry by Commissioner Carey, Chairman Henley said he would like to know how
many restaurants there are also that sell alcohol, although they are not going
to address that particular issue.
Commissioner
Morris left the meeting room at this time.
REZONE FROM R-1AAA TO
A-1
ELLIS SCHAUDER
Proof
of publication, as shown on page _______, calling for a public hearing to
consider rezoning 5.7+/- acres from R-1AAA (Single Family Dwelling) to A-1
(Agriculture) located on the north side of Lake Howell Lane, approximately
3,000 feet east of the intersection of Lake Howell Lane and SR 436, Ellis
Schauder, received and filed.
Michael
Rumer, Senior Planner, addressed the Board to present the request, stating the
P&Z Commission unanimously recommended approval and staff is also
recommending approval of the request.
Commissioner
Carey stated this is one where there should be some flexibility in the Building
Department that the homeowner does not have to come before the Board to
actually rezone when they have 5.7 acres of land to put up a building.
Chairman
Henley said she might want the
Commissioner
Van Der Weide agreed with Commissioner Carey.
Ellis
Schauder, applicant, addressed the Board to thank Commissioner Carey for
noticing that. He said it is a awful
long process to put up a building.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to approve and enact Ordinance
#2006-48, as shown on page _______, rezoning 5.7+/- acres from R-1AAA (Single
Family Dwelling) to A-1 (Agriculture) located on the north side of Lake Howell
Lane, approximately 3,000 feet east of the intersection of Lake Howell Lane and
SR 436; as described in the proof of publication, Ellis Schauder.
Districts
1, 3, 4 and 5 voted AYE.
REZONE FROM A-1 &
RM-3 TO
RC-1/TONY CIPPARONE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider rezoning 28+/- acres from A-1 (Agriculture) and RM-3 (Travel Trailer
Park & Campsites) to RC-1 (Country Homes) located on the north side of W.
SR 46; 3,300 feet west of the intersection of SR 46 and Orange Boulevard, Tony
Cipparone, received and filed.
Mr.
Rumer presented the request, advising the P&Z voted 5 to 0 to recommend
approval and staff is also recommending approval of the request.
Ron
Hinson, Design Service Group, representing the applicant, addressed the Board
to state there is no net increase in density and the lot sizes will be
compatible. This will be a nice area
under trees and it will be a very nice development. He advised they agree will all the staff
recommendations.
No
one else spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve and enact Ordinance #2006-49, as
shown on page _______, rezoning 28+/- acres from A-1 (Agriculture) and RM-3
(Travel Trailer Park & Campsites) to RC-1 (Country Homes) located on the
north side of W. SR 46; 3,300 feet west of the intersection of SR 46 and Orange
Boulevard; as described in the proof of publication, Tony Cipparone, based on
staff findings.
Districts
1, 3, 4 and 5 voted AYE.
REZONE FROM A-1 TO R-1
RICHARD MEAHL
Proof
of publication, as shown on page _______, calling for a public hearing to consider
rezoning 2.24+/- acres from A-1 (Agriculture) to R-1 (Single Family Dwelling)
located on the north side of Lake Howell Lane, approximately 760 feet east of
the intersection of Lake Howell Lane and SR 436, Richard Meahl, received and
filed.
Mr.
Rumer presented the request, stating the P&Z recommended approval by a vote
of 5 to 0; and staff is recommending approval of the request.
Attorney
John Simpson, Pohl & Short, P.A., representing the applicant, addressed the
Board to state they concur with the recommendations of staff and the Planning
Board. They feel R-1 zoning is an
appropriate buffer between the multi-family to the west and multi-family to the
south and that this is an appropriate transition between that and the
residential property to the east of the site.
Commissioner
Morris re-entered the meeting room at this time.
Attorney
Simpson said the R-1 zoning is consistent with the future land designation of
low density residential. He stated the
city of
Commissioner
Dallari asked what the plans are for lake access. Attorney Simpson stated there is an existing
dock on this site and it is intended to remain.
He said the applicant’s goal is to install a private boat ramp for use
by the residents who will be living in this neighborhood.
Robin
V. Platt,
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Motion by Commissioner Dallari,
seconded by Commissioner Morris, approve and enact Ordinance #2006-50, as shown
on page _______, rezoning 2.24+/- acres from A-1 (Agriculture) to R-1 (Single
Family Dwelling) located on the north side of Lake Howell Lane, approximately
760 feet east of the intersection of Lake Howell Lane and SR 436; as described in
the proof of publication, Richard Meahl.
Districts
1, 2, 3, 4 and 5 voted AYE.
SAN MARY OFFICE SMALL
SCALE LAND
USE AMENDMENT AND
REZONE
FROM A-1 TO OP/DAT
LE
Proof
of publication, as shown on page _______, calling for consideration of a public
hearing to consider adoption of the San Mary Office Small Scale Land Use
Amendment from Low Density Residential (LDR) to Office and rezone from A-1
(Agriculture) to OP (Office) on 4.85+/- acres located on the south side of Lake
Mary Boulevard, between College Drive and Ridge Drive West, Dat Le, received
and filed.
Tina
Williamson, Principal Coordinator, presented the request.
Commissioner
Van Der Weide left the meeting room at this time.
Ms.
Williamson said the P&Z Commission voted 5 to 0 to recommend approval of
the requests, subject to the site plan and development order and based on staff
findings; and staff is recommending approval of the land use amendment to
Office and the rezoning to OP (Office), subject to the site plan and
development order.
Commissioner
Carey questioned staff about what the setback would be from
Commissioner
Morris stated the real issue is the access on
Commissioner
Carey said when the applicant came to see her, he brought some renderings that
were of a neighborhood in style and looked residential in nature, but she doesn’t
see that as part of the documents today.
Ms.
Williamson showed the pictures (received and filed) that were presented at the
P&Z meeting of the type of style the applicant was considering. She said the applicant has not committed to
an exact style.
June
Rastom,
Commissioner
Morris discussed that the answer always was the entrance off
Ms.
Williamson said the applicant already approached the college and they have said
no.
Commissioner
Morris said maybe if the BCC approached the college, it may make a difference.
Ron
Poole,
Commissioner
Morris discussed he doesn’t think this is going to be a huge amount of trips
per day based upon the spread of time over a twelve-hour cycle and this is not
going to be a high commercial traffic center.
He stated he thinks the lighting really needs to be restricted and
should not bleed over at all. Discussion
ensued.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
District
Commissioner Carey discussed the lighting with staff. She said she was thinking of allowing the
height of the lights to be 15 feet along the area adjacent to the
residents. She said she would not want
traffic to be able to turn right into the neighborhood and want as a condition
that there is no right turn into the residential area; and the condition of
limiting the height of the lights along the area adjacent to the
residents. Further, that no wall packs
are allowed on all sides of the buildings, particularly those that face the
residential area. Additionally, the renderings
submitted by Ms. Williamson tonight are to become part of the record indicating
what the developer is proposing; and the site plan is to come back to the BCC
for final approval.
Commissioner
Dallari cautioned that they be sure not to violate the various lighting safety
standards in limiting the lighting.
Commissioner
Carey clarified she is only speaking of 15’ height limitations along the
Commissioner
Morris advised the applicant he may want to call the City Planner in
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to enact Ordinance #2006-51, as shown on page
_______, adopting the San Mary Office Small Scale Land Use Amendment from Low
Density Residential to Office; enact Ordinance #2006-52, as shown on page
_______, rezoning from A-1 (Agriculture) to OP (Office), 4.85+/- acres located
on the south side of Lake Mary Boulevard, between College Drive and West Ridge
Drive, and approve Development Order, as shown on page _______; as described in
the proof of publication, Dat Le, subject to the site plan and Development
Order, based on staff findings and additional conditions by the District
Commissioner as previously stated.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAPTER 40, PART 2,
BUILDING AND
CONSTRUCTION CODE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an ordinance amending Chapter 40, Part 2 of the
Tom
Helle, Deputy Building Official, addressed the Board to present the request,
stating the ordinance would go into effect on January 1, 2007, and the terms
would begin on January 7, 2007.
No
one spoke in support or in opposition.
Motion by Commissioner Morris, seconded
by Commissioner Carey, to approve adoption of Ordinance #2006-53, as shown on
page _______, amending Chapter 40, Part 2 of the Seminole County Building and
Construction Code; as described in the proof of publication, per the staff
recommendations.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan advised that when this ordinance goes into effect, all current boards
will be dissolved and staff will have to come back to the BCC. The Commissioners may want to think about how
its nine appointments will be made. Each
of them will have to bring back their nominees.
Commissioner
Carey suggested that staff come back with recommendations and attendance
records of those who have already served on the boards. She asked if this could be brought to the BCC
in September.
Mr.
McMillan stated January 1 is the date when all the terms expire.
REMOVAL OF PROPERTY
FROM THE RURAL AREA
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an ordinance removing property from the Rural Area and
amending the Rural Boundary, received and filed.
No
one spoke in support or in opposition.
Motion by Commissioner Morris, seconded
by Commissioner Carey, to approve adoption of Ordinance #2006-54, as shown on
page _______, removing property from the Rural Area and amending the Rural
Boundary; as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
DCM
Sally Sherman addressed the Board to state the Federal Legislative Agenda for
2006 is as presented in the staff report.
CHAIRMAN’S
REPORT
Chairman
Henley advised he received a letter (not received and filed) from the Hernando
County Board of
Commissioner
Van Der Weide stated he would have no problem with that, but he thinks the
Legislative Delegation would be smart enough to call a special session if
needed. He is not sure it is the BCC’s
job to do that. Discussion ensued.
The
Chairman determined that the Board had no
consensus to join with
Commissioner
Morris said they need to get together with their Legislative Delegation to see
if there is support.
--------
Chairman
Henley referred to the letter (received and filed) from the Central Florida
Sports Commission advising of an open seat on their Board of Directors. He asked if anyone had a nominee in mind,
bring that name forward and the Board can nominate someone, but the Sports
Commission Board will decide who will serve.
Commissioner
Morris asked the Commissioners to consider Rick Joyce, who is very active in
sports.
Chairman
Henley stated the current representative is Mr. Skwarlo, who he thinks is a
good candidate.
Commissioner
Dallari asked to see the Sports Commission Board makeup.
Chairman
Henley advised he has a meeting scheduled with Mr. Saboor dealing with the
makeup and the fact that the BCC has no input regarding that. He said he believes the BCC can submit up to
three names for consideration. He asked
the Board to submit names at the next meeting to forward to the Sports
Commission.
-------
Chairman
Henley advised of a resignation from Doug Koenig of the Tourist Development
Commission. He asked if the
Commissioners have someone in mind to bring that name forward for
consideration.
-------
Commissioner
Van Der Weide asked if it might be possible to make a recommendation for the
Sports Commission of someone who would not be able to take the position until
towards the latter end of the year.
Chairman
Henley stated he would also discuss that with Mr. Saboor.
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Chairman
Henley reminded the Board of notification by Nadine Miller that the BCC had
received the nomination for the 2006 Guardian Ad Litem Program. He has received the letter (received and
filed) notifying that the award will be presented on Sunday, August 27,2006, at
the Recognition Banquet in
Commissioner
Morris noted that the Board received an award earlier this year for
philanthropic government. Chairman
Henley added that they also received a state-wide award for economic
development.
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Chairman
Henley stated the Board has to instruct Mr. McMillan to draft a resolution regarding
the Charter Review Commission recommendations to go on the ballot. The resolution will come back to the Board on
August 8, 2006.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to instruct Mr. McMillan to draft a resolution
regarding the Charter Review Commission recommendations to go on the General
Election ballot.
Upon
inquiry by Commissioner Morris, Chairman Henley stated the Board can set aside
time on August 8 for discussion of items the Board wishes to put on the ballot.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan advised the Board has to have things close to finalization on August 8
to have them advertised for adoption by ordinance at the second meeting in
August (August 22, 2006).
Chairman
Henley stated any Commissioner who has an idea will discuss that with Mr.
McMillan prior to August 8 and these will be discussed as a Board on August 8.
---
Chairman
Henley discussed the Board meeting schedule for November. Following discussion, the Board’s consensus was to hold a regular Board
meeting on November 7, 2006, and hold a meeting on November 28, 2006, for the
swearing in ceremony and reorganization of the Board.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated
2. Memorandum
dated
3. Memorandum
dated
4. Letter
dated
5. Letter
dated
6. Copy
of letter dated
7. Agenda
and minutes of the
8. Letter
dated
9. Contract
for services, as shown on page ________, between Seminole Co. Government and
the following: Francis Bussey
(Scorekeeper); William Robillard, Jr. (Umpire Slow Pitch Softball); Lawana
Stewart (Scorekeeper); Daniel Keating (Tournament Director); Clyde Graham
(Umpire Slow Pitch Softball); and Florence Healy (Scorekeeper).
10. Copy of letter dated
11. Letter dated
12. Copies of identical letter dated
13. Memorandum dated
14. Copy of letter dated
15. Copy of letter dated
16. Copy of letter dated
17. Copy of letter dated
18. Memorandum dated
19. Copy of letter dated
20. Copy of letter dated
21. Memorandum dated
22. Copy of letter dated
23. Memorandum dated
24. Copy of letter dated
25. Copy of letter dated
26. Letter dated
27. Notice of public hearing-request for variance
for City of
28. Copy of letter dated
29. Letter dated
30. Letter dated
31. Letter dated
32. Notice and agenda for the
33. Notice of public hearing to consider a
conditional use for the City of
34. Copy of letter dated
35. Copy of letter dated
36. Copy of letters dated
37. Letter dated
38. Notice of City of
39. Copy of letter dated
40. Facsimile dated
41. Letter dated
42. Memorandum dated
43. Contract for services, as shown on page
________, between Seminole Co. Government and the following: Preston Pope (Umpire slow pitch softball) and
David Schnelle (Umpire).
DISTRICT COMMISSIONERS’ REPORTS
Commissioner
Carey thanked the Seminole Soil and Water Conservation District and 30
volunteers who showed up on July 8 to clean over 25
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Commissioner
Carey stated a meeting is going on now from 5:00 to 8:00 p.m. at the
-------
Commissioner
Carey stated from 6:00 to 9:00 p.m. tonight in
-------
Commissioner
Carey announced that on July 28, the Wekiva River Basin Commission meeting will
be held at the Embassy Suites Hotel in
-------
Commissioner
Dallari announced an Economic Development Commission meeting tomorrow (July 26)
from 5:30 to 7:00 p.m. at the Marriott,
-------
Commissioner
Dallari stated he received information from the Palm Valley Mobile Home Park,
Commissioner
Van Der Weide left the meeting at this time.
Commissioner
Carey advised she gave similar information to Ms. Sherman that came from
Chuluota residents who received notice from their private utility that the
percentages were higher than allowable.
Ms.
Coto stated regarding the situation in Chuluota, based upon the standards the
State sets for water systems, any time they exceed those limits by a certain
degree, they have to send out the notice about the water supply system. She said she had reviewed the information and
although it alarmed the citizens, it is nothing serious.
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Commissioner
Dallari said about a year ago, the Greeneway South PUD on SR 426 was approved
and a piece of property there was slated for a fire station. He knows now that a different location is
being looked at on SR 426 and
Commissioner
Morris asked if they could talk about that at the next Commission meeting when
they get the report from the Public Safety Director. Commissioner Dallari concurred, but said he
does want to discuss this as he doesn’t see that they need to tie up property
if the County is looking at property somewhere else.
Commissioners
Morris and Carey agreed with Commissioner Dallari. Chairman Henley asked Ms. Coto to make note
of this.
Ms.
Coto said she will talk to staff about this.
One of her concerns is since they are getting ready to do the study, one
of the things they may evaluate is where to locate fire stations.
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Commissioner
Dallari stated he attended the meeting at the
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Commissioner
Morris noted that his daughter, Rachel Morris, age 15, recently won the US
National Gymnastics Championship in one of their competitions in
Chairman
Henley said he will look into recognizing her for this.
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Mr.
McMillan asked for clarification on the time of the meeting for November
28. Commissioners Dallari and Carey
agreed to begin at 9:30 a.m.
Commissioner Morris suggested having a reception as well. There were no objections.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 5:44 p.m., this same date
ATTEST: _____________________ Clerk ________________ Chairman
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