Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Pastor Wayne Harvey, First Baptist Church, Sanford, gave the Invocation.

Commissioner Morris led the Pledge of Allegiance.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-103, as shown on page ________, in support of the establishment of a Public Works Academy to educate and train present and future employees in providing public works and utility services.

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

The Resolution was presented to Director of Public Works, Jim Marino, who expressed his appreciation to the Board and stated this is a partnership between the cities, School Board, SCC and the County.

County Attorney, Robert McMillan, addressed the Board to discuss the appointment of the Charter Review Commission, advising that the Board must make appointments no later than the October 26, 1999 meeting. He reviewed each district appointments, which were used in the 1994 CRC.

Chairman Henley stated he wants to make sure the Board makes these appointments in plenty of time to allow the Charter Review Commission to do its work.

Commissioner Morris stated the Charter Review Commission does not need to "re-invent the wheel". He said the appointment categories used in 1994 seemed to work well. He suggested the new appointees be given a packet of information from the 1994 Charter Review Commission.

The Board, by unanimous consensus, agreed to make appointments to the 2000 Charter Review Commission by the first meeting in September 1999.

The Board, by unanimous consensus, agreed to follow the same format with regard to appointments as was used in 1994.

County Manager, Kevin Grace, advised he will be coming back to the Board with a proposed budget in order to cover expenses for the Commission.

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

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

Community Services Manager, David Medley, addressed the Board to remind the Board that during the June Budget Work Sessions, Kids House was asked by the Commission to make a presentation with regard to their funding request. He introduced William Telkamp and Nancy Crawford to the Board.

William Telkamp, President of the Board of Directors for Kids House, addressed the Board to advise Kids House is a non-profit corporation which was started over four years ago as a committee of professionals who were involved in the investigation of child abuse. He said the focus of Kids House is to be a children’s advocacy center. He stated that they focus on victims by reducing trauma, and providing follow-up treatment and better case preparation.

Commissioner McLain left the meeting at this time.

Mr. Telkamp advised Kids House operates through donations and grants. Membership consists of the following: Altamonte Springs Police, Casselberry Police, Child Protection Team, Department of Children and Families, Seminole County Friends of Abused Children, Inc., Guardian Ad Litem Program, Lake Mary Police, Longwood Police, Office of the State Attorney, Oviedo Police, Sanford Police, Seminole County Mental Health, Seminole County Sheriff’s Office, and Winter Springs Police.

Commissioner McLain re-entered the meeting at this time.

Mr. Telkamp displayed the proposed funding sources for the FY 99/00 Budget and discussed same (copy of information packet was received & filed).

Commissioner Morris stated he does not understand why the cities are not contributing more from their law enforcement trust funds.

Mr. Telkamp advised all the law enforcement agencies have donated a substantial amount of staff time to bring the organization up to this point.

Commissioner Morris stated he believes the County should match what the cities give.

Upon inquiry by Commissioner Maloy, Mr. Grace advised at this point the County budget is not balanced. He said he is in the process of meeting with department directors to try to identify where the $400,000 shortfall will come from.

Commissioner McLain recommended supporting the Kids House in the amount up to $75,000 in matching funds. He said this will give the organization the leverage to go out and raise the matching funds, and the County will only match what is raised up to $75,000.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve an amount up to $75,000 in matching funds for the Kids House of Seminole County.

Under discussion, Chairman Henley stated he is somewhat reluctant to commit money until the Board hears from the County Manager on balancing the budget. He suggested the Board reconsider their prior action where they agreed to pay off $80,000 for kitchen equipment for a senior organization in a lump sum payment. He suggested the County only pay the debt service on the equipment and put the remainder toward the Kids House.

Commissioner Van Der Weide stated he does not see the Board having any problem in bringing the budget into balance and would like to include this $75,000 into the mix.

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

Mr. Grace advised Items #13 and #22 have been pulled from the agenda at this time. He also corrected Item #18 advising the agreement is with FDOT and not the City of Lake Mary.

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

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

Director of Library & Leisure Services, Suzy Goldman, addressed the Board to request direction with regard to the restroom facility at the Black Hammock Trailhead.

Motion by Commissioner Morris, seconded by Commissioner McLain to approve design of the restroom facility at the Black Hammock Trailhead; and authorize staff to proceed with negotiation of the Interlocal Agreement with the City of Winter Springs.

Under discussion, Commissioner Maloy expressed his concern with being able to lock the restroom doors and the activities that might occur behind the locked doors.

Parks & Recreation Manager, Bob Chorvat, addressed the Board to suggest having individual stalls in the restroom with locks on them, rather than locking the entire facility.

Commissioner Maloy stated he would rather have locked stalls instead of the facility being locked.

Ms. Goldman stated they are within budget and can see about making alterations to the design to include locked stalls.

Sheriff Don Eslinger addressed the Board to advise he would prefer the individually secured stalls.

Commissioner Van Der Weide left the meeting at this time.

Commissioner Morris clarified the motion includes staff working with the Sheriff to include security for the facility in the design.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Morris left the meeting at this time. Current Planning Manager, John Dwyer, addressed the Board to present the proposed revised Developer’s Commitment Agreement for Loma Vista PUD. He advised on June 22, 1999, the Final Master Plan and Developer’s Commitment Agreement for Loma Vista PUD was approved by the BCC. The document submitted to the developer was returned modified from what the Board originally approved. He reviewed the following proposed changes: (1) In addition to Tract A & C being Industrial Tracts, Tract F has been added – staff has no objections; (2) The Permitted Uses under Industrial Tracts A & C language was changed to include billboards with permitted and conditional uses in the C-3 and M-1A zoning classifications – Staff objects to allowing billboards on these tracts; (3) Under Permitted Uses on the Multi-family, Residential Tracts B, D & E, Tracts A, C and F have been added – Staff has no problem, however if either one of the two tracts were to go multi-family instead of industrial, the other tract should not go industrial; (4) Adding language that the maintenance for the trailhead behind Tract C shall be for a period of one year – Staff opposes this and believe the developer should maintain this until such time as it is sold and then it would revert back to the homeowners association; (5) Adding language dealing with payment of Development Commitment costs between parties within the PUD – Staff feels this is not appropriate to be included in the agreement; and (6) Deleting the language dealing with the right-of-way dedication on SR 426 – this right-of-way is not going to be dedicated by the Developer because it is already under condemnation proceedings and staff has not aware of this.

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

Hugh Harling, representing the developer, addressed the Board to state they are in agreement with staff on almost everything except Item #2, the billboard issue. He stated the developer is aware of the spacing requirement for the billboard; however, if that billboard is ever taken down, they don’t want to be precluded from requesting a billboard permit. He said the right-of-way issue is between the owner and FDOT and the County has no part in it.

Commissioner Morris re-entered the meeting at this time.

Upon inquiry by Commissioner McLain, Mr. Harling stated they concur with the staff with regard to Item #5, language concerning how commitment costs between parties within the PUD will be paid.

Upon further inquiry by Commissioner McLain, Mr. Harling stated the developer is requesting he maintain the trailhead for one year and if it is not sold within that time, that portion of trail will be maintained by someone other than the developer.

Commissioner McLain questioned how does the County protect themselves from maintaining it in perpetuity.

After further discussion, Mr. Harling advised that the developer will commit to maintain the trailhead until it is taken over by the eventual purchaser. Whereupon, Commissioner Morris requested that a "successor" clause be included in the agreement.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Revised Developer’s Commitment Agreement, as shown on page ________, for Loma Vista PUD, to include the following: (1) Adding Tract F to Permitted Uses for Industrial Tracts; (2) Changing language to include billboards with permitted and conditional uses in the C-3 and M-1A zoning classifications; (3) Adding Tracts A, C and F to Permitted Uses for the Multi-family Residential Tract, with the provision that if Tract A or C become residential then Tract F would not be Industrial; and (4) Right-of-way on Tract A will not be required.

Under discussion, Commissioner Morris stated he fully supports the motion, with the exception of the billboard language.

Commissioner McLain stated he can support everything but the billboard language.

Motion by Commissioner McLain, seconded by Commissioner Morris to amend the main motion to exclude language including billboards with permitted and conditional uses in the C-3 and M-1A zoning classifications.

Districts 2 and 5 voted AYE.

Commissioners Maloy, Van Der Weide and Henley voted NAY, whereupon, the motion failed for the lack of a majority vote.

The main motion was voted upon and carried, with Districts 1, 3, 4 and 5 voting AYE and Commissioner Morris voting NAY.

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Planner, Gary Schindler, addressed the Board to present the Final Master Plan Review for Westlake Promenade PCD, located on the southeast corner of SR 46 and Orange Boulevard, Michael Murray. He advised the SR 46 Overlay enacts standards for a 50- foot building setback and a 25-foot landscaping buffer along SR 46. He said the developer has said that the 25-foot landscaping buffer will be hard to do on the two smaller outparcels.

Upon inquiry by Commissioner Morris, Mr. Murray, representing the developer, addressed the Board to agree to providing the 25-foot landscaping buffer on the western outparcel only and a 15-foot landscaping buffer on the remaining property.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve the Developer’s Commitment Agreement, as shown on page ________, for the Westlake Promenade PCD, located on the southeast corner of SR 46 and Orange Boulevard, subject to a 25-foot landscaping buffer on the western parcel only and a 15-foot landscaping buffer on the remaining property to the east.

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

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

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":

Item #2 was withdrawn from the agenda.

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

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

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the Chairman to execute associated grant documents for the Bureau of Justice Assistance, Law Enforcement Block Grant; and authorize processing all associated grant documents.

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

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Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the Chairman to amend the Sheriff’s FY 1999/00 Budget submittal at the first budget public hearing, increasing revenues and expenditures by $66,914 to fund two clerical positions for HIDTA (these positions will be eliminated if grant funds terminate).

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

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Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the Chairman to execute the FY 1999/00 Seminole Community College School Resource Deputy Agreement, as shown on page ________.

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

No Report.

Commissioner Maloy stated that if there is a way to accelerate the trail on SR 426 with FDOT, he wants to make sure it is coordinated with them.

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Commissioner Maloy suggested the Port Authority be asked to clean up and beautify their entrance on Orange Avenue, and that same be included in their proposed budget.

Motion by Commissioner Maloy, seconded by Commissioner Morris to direct the County Manager to contact the Port Authority and ask them to include in their budget presentation some additional improvements and beautification along Orange Boulevard.

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

Chairman Henley briefly discussed his trip to Punta Gorda with Environmental Services Director, Bob Adolphe, and St. Johns River Water Management District representatives, to tour the water conversion plant.

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

1. Copy of memorandum dated 7/30/99 to Director-Dept. of County Finance (with attached report) from Nancy DePew, Executive Director-Habitat for Humanity re: June 1999 monthly report. (cc: Grants Coordinator, BCC)
2. E-mail dated 8/1/99 to BCC from Joseph Bailey re: Opposition to Plan Amendment #12. (cc: Co. Manager, Comprehensive Planning)
3. Letter dated 7/30/99 to Chairman from Charles Lee, Sr. Vice President-Fla. Audubon Society, Phares Heindl, President-Friends of the Wekiva River, Sam Kendall, Wekiva Committee-Seminole Audubon Society and Keith Schue, Wekiva Issue Chair-Sierra Club re: Opposition to Upcoming Plan Amendments. (cc: BCC, Charles Gauthier, DCA Bureau Chief, Steve Seibert, DCA Secretary, Shaw Stiller, DCA Assistant General Counsel, Planning & Development Director, Deputy Co. Attorney, J. A. Jurgens, Esq., Scott Price, Esq.)
4. Letter dated 7/29/99 to The Honorable J. Preston Silvernail, Chief Judge from Chairman re: The need for additional courtroom space. (cc: BCC, Co. Manager, Deputy Co. Manager, Administrative Services Director)
5. Memorandum dated 7/29/99 to Sandy McCann, Supervisor-Co. Commission Records from Chairman re: Appointments to the 1999 Value Adjustment Board. (cc: BCC, Property Appraiser, Co. Attorney)
6. Letter dated 7/29/99 to John Delaney, Acting Chairperson-St. Johns River American Heritage River Initiative (with attached nomination forms) from Chairman re: Nominations for Middle Basin Advisory Committee. (cc: BCC, Co. Manager, Comprehensive Planning Manager)
7. Copy of letter dated 7/29/99 to Michael Belanger, Project Manager-A. K. Holcomb Construction (with attached letter to Frances Chandler) from Kevin Grace, Co. Manager re: Sweetwater Dental Group. (cc: BCC, Planning & Development Director)
8. Copy of letter dated 7/26/99 to Leo Auger, Executive Director-LYNX from Bruce Pronovost, Mayor-City of Casselberry re: North Orange/South Seminole ITS Enhanced Circulator Plans. (cc: Congressman Mica, BCC, Mayor-City of Altamonte Springs, Mayor-City of Maitland, Harold Barley, Executive Director-Metroplan)
9. Letter dated 7/28/99 to BCC from Steve & Diane Bell re: Opposition to Upcoming Plan Amendment. (cc: Comp Planning)
10. Letter dated 7/26/99 to Chairman from John Litton, Manager-City of Lake Mary re: Traffic signal at The Forest. (cc: Co. Manager, Traffic Engineer, BCC)
11. Letter dated 7/26/99 to Chairman from Lee Johnson, Acting District 7 Administrator re: Review of child safety cases. (cc: BCC, Co. Manager, Deputy Co. Manager)
12. Letter dated 7/26/99 to Chairman from Miriam Bruce, Mayor-City of Oviedo re: Cross Seminole Trail. (cc: BCC, Representative Tom Feeney, Oviedo City Council, Co. Manager, Planning & Development Director)
13. Facsimile dated 7/28/99 to EDC Board of Directors (with attached press release from Congressman Mica) from Darrell Kelley, President Economic Development Commission re: Funding for modeling, simulation and training industry in Central Florida. (cc: Ralph Crissy, Honorable Mel Martinez, Hank Okraski, George Rodon, BCC)
14. Letter dated 7/27/99 to Chairman (with attached letter and proposed budget to Darrell Smith, Budget Services Director-Fla. Dept. of Revenue) from Ray Valdes, Tax Collector re: Tax Collector FY 1999/2000 budget. (cc: Co. Manager, BCC)
15. Letters dated 7/29/99 to the Mayors of all Seminole County Cities and Chairman of the School Board from Chairman re: Water and Wastewater connection fees ordinance. (cc: BCC, Co. Manager, Deputy Co. Manager)
16. Agenda for 8/2/99 City of Oviedo Council meeting.
17. Letter dated 7/27/99 to Larry Furlong, Chairman-School Board from Chairman re: Appointment to Value Adjustment Board. (cc: Property Appraiser, Co. Attorney)
18. Memorandum dated 7/27/99 to BCC (with attached letter from Charles Lee) from Lonnie Groot, Deputy Co. Attorney re: Clifton Springs-Response from Fla. Audubon Society. (cc: Co. Manager, Deputy Co. Manager, Comprehensive Planning Manager)
19. Copy of letter dated 7/22/99 to Douglas Elam, Chairman-Seminole Countywatch (with attached response from Fiscal Services/Purchasing) from Cindy Hall, Fiscal Services Director re: County contracting practices. (cc: BCC, Co. Manager, Deputy Co. Manager, Purchasing Manager)
20. Minutes from 6/10/99 Tourist Development Council meeting.
21. Memorandum dated 7/22/99 to Department Directors from Kevin Grace, Co. Manager re: Department Assignments. (cc: BCC)
22. Copy of letters dated 7/26/99 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Cyndi Garrand, Marlene Becker, Rebecca Guerra, Matt & Lizanne McHale.
23. Contract for Services, as shown on page _________, between Parks & Recreation Department and Virginia Dickinson (tennis instructor).

Mr. Grace advised staff has an update on the Hutchison property acquisition.

Assistant County Attorney, Lonnie Groot, addressed the Board to advise the closing of the property has been delayed because of a title issue. He explained that deed restrictions limit the property to single family use. He advised that although governments are not bound by deed restrictions, the title company would not issue insurance based on case law, unless all parties to the deed restrictions sign releases. All parties have executed releases with the exception of one.

Commissioner Morris stated that if Mr. Groot is confident that this is the only cloud on the title, he would be in support of proceeding with the purchase.

Ms. Rotella advised the one party has not refused to sign, but is still in the discussing mode. Discussion ensued.

Motion by Commissioner McLain, seconded by Commissioner Maloy to authorize staff to move forward with the purchase of the Hutchinson property.

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

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

Deputy County Manager, Cindy Coto, addressed the Board to state this item for the Heathrow International Business Center (HIBC) relates to the next agenda item for the HIBC Development of Regional Impact (DRI). The agenda memorandum was received and filed. She stated included within the DRI is an approximately five acre County-owned parcel, and the Board authorized staff on June 22, 1999, to enter negotiations with HIBC to determine whether they could reach an agreement pertaining to this parcel. She reviewed the terms, stating in exchange for the County conveying the five acres, Pizzuti Companies has indicated they are willing to construct the Seminole-Wekiva Trail from Lake Mary Boulevard to 46A. She explained the trail would have to be constructed in two phases. Ms. Coto reviewed the details as outlined in the agenda memorandum. She advised the anticipated construction cost of the Trail is $450,000. Pizzuti has also indicated they will construct the 16" water main that Seminole County is in the process of designing. The County would reimburse Pizzuti through a monetary basis or credit on connection fees for the construction amount.

Ms. Coto advised that within the International Parkway Marriott Courtyard area, there is no right-of-way to construct the Trail or install the water main and staff is requesting that Pizzuti obtain the right-of-way. She advised Pizzuti has not agreed and said they believe the County should acquire this right-of-way. She stated staff is recommending Option 1 to authorize the sale of the property to HIBC Development Company with conditions outlined in the agenda memorandum. She said if the Board does not authorize the sale (Option 3), the Board could hold the next public hearing but could take no action on the DRI.

Commissioner Morris reviewed that the County has no particular use for this land and probably no one else either and Pizzuti is the primary buyer. He reviewed the matters that would be solved by making the sale and explained that the issue of right-of-way does logically fall to the County. He urged the approval of the sale.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve Option 2, authorize the sale of property described as 4.936 acres located in Section 6, Township 20, South Range 30 East to HIBC Development Company under the terms and conditions as incorporated in staff’s recommendation, with the exception that the County will be responsible for acquiring, at their cost, right-of-way from Exxon Properties and Marriott Courtyard, and authorize the County Attorney to take all necessary actions to implement the transaction.

Under discussion, Ms. Coto answered questions by Commissioner Maloy and discussed the $600,000 in-kind services.

Commissioner Van Der Weide stated if the applicant made a commitment, he would like to hold them to it, but if not, he can understand them not wanting to buy right-of-way from another owner for the County’s trail.

Upon inquiry by Commissioner McLain, Ms. Coto stated the dollar value of what Pizzuti Companies is offering is $1 million plus without the right-of-way.

Commissioner Morris pointed out that the purchase price has almost been doubled in what is being provided by Pizzuti. He said this is a win-win situation.

Chairman Henley stated he feels this is going to be the best deal the County will get under the circumstances. If they decide it is not favorable, that would be stopping the process from going forward. He doesn’t think it’s to the benefit of the County to drag it out anymore. He thinks the Board should support what the District Commissioner indicated.

Commissioner McLain stated they have been successful in getting over $1 million of the trail system and a way to complete the flyover for the trail system with this negotiation. He said Pizzuti did not make a commitment earlier to obtain right-of-way. He thinks the Board should be very happy in having a business partner like Pizzuti who can assist them in completing their trail, and he is very much in favor of it. He thanked the staff for working diligently on this.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Appeal against the Board of Adjustment in upholding the Current Planning Manager’s interpretation of a special exception for recreational purposes for property located on the north side of Brumley Road, 1¼ mile east of Snow Hill Road, Dr. Quentin L. Green/Big Oaks Ranch, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to advise this property was not posted appropriately so staff is requesting a continuance to August 24, 1999, at 7:00 p.m.

The Board discussed the scheduling of public hearings for August 24 and 25. Commissioner Morris noted that August 24 is already very busy. Mr. Dwyer stated he has already personally posted the property for a public hearing on August 24.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to August 24, 1999 (first item on the agenda), 7:00 p.m., or as soon thereafter as possible, the Appeal against the Board of Adjustment in upholding the Current Planning Manager’s interpretation of a special exception for recreational purposes for property located on the north side of Brumley Road, 1¼ mile east of Snow Hill Road; as described in the proof of publication, Dr. Quentin L. Green/Big Oaks Ranch.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment from Suburban Estates to Commercial and Rezone from R-1 (Single Family Dwelling District) to PCD (Planned Commercial District); property located at the southeast corner of CR 419 and Lake Mills Road, containing approximately 4.77 acres, Harling Locklin and Associates, Inc.

Planning and Development Manager, Frances Chandler, addressed the Board to state this item needs to be continued so that the text amendment is heard the same time as the plan amendment.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to August 25, 1999, 7:00 p.m., or as soon thereafter as possible, the Amendment from Suburban Estates to Commercial and Rezone from R-1 (Single Family Dwelling District) to PCD (Planned Commercial District); property located at the southeast corner of CR 419 and Lake Mills Road, containing approximately 4.77 acres; as described in the proof of publication, Harling Locklin and Associates, Inc.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment from Low Density Residential to Office; property located at the southwest corner of Lake Mary Boulevard and West Ridge Road, containing approximately 5.1 acres, Amre Sammakia, received and filed.

Mr. Dwyer advised the applicant has withdrawn this request.

One Speaker Request Form from Donald Tise in opposition to the action on this item was received and filed.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to accept withdrawal of Amendment from Low Density Residential to Office; property located at the southwest corner of Lake Mary Boulevard and West Ridge Road, containing approximately 5.1 acres; as described in the proof of publication, Amre Sammakia.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment from Low Density Residential to Office; property located at the northwest corner of CR 427 and Tangerine Avenue, containing approximately 0.7 acres, Mike Hattaway, received and filed.

Mr. Dwyer stated the applicant has requested a withdrawal.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to accept withdrawal of Amendment from Low Density Residential to Office; property located at the northwest corner of CR 427 and Tangerine Avenue, containing approximately 0.7 acres; as described in the proof of publication, Mike Hattaway.

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

Continuation of a public hearing from June 8, 1999, to consider: (1) Large Scale Comprehensive Plan Amendment from Suburban Estates to Planned Development; (2) Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); and (3) Notice of Proposed Change (NOPC) to an approved Development of Regional Impact (DRI), Heathrow International Business Center, Miranda Fitzgerald.

Matt West, Principal Planner, addressed the Board to present the request for the Large Scale Land Use Amendment for the addition of 44 acres to the Heathrow International Business Center; rezoning this 44 acres to PUD; and approve an amendment to the Development Order for HIBC to accommodate the additional 44 acres.

Commissioner Morris left the meeting at this time.

Mr. West stated the Department of Community Affairs has no objection to the Land Use Amendment. He advised one additional request by the applicant is to allow parking in the 200’ buffer that is adjacent to Banana Lake Road. Staff does not agree and is recommending against this because it would be inconsistent with what has already been approved throughout the HIBC and in the Lake Mary portion of the Center. He said staff does not want to set the trend for encroachment towards the residential areas to the west of Banana Lake Road.

Commissioner Morris returned to the meeting at this time.

Mr. West reviewed the changes as proposed by the Notice of Proposed Change to the existing Development Order as listed in the staff report. He stated DCA and the East Central Florida Regional Planning Council agree that the proposed changes do not constitute a substantial deviation to the original development order. He said staff recommends the Board adopt the Large Scale Future Land Use Amendment; adopt the Ordinance rezoning the property from A-1 to PUD and approve the amended Development Order minus the parking in the 200’ buffer.

Attorney Miranda Fitzgerald, Lowndes, Drosdick, Doster, Kantor and Reed, 215 N. Eola Drive, Orlando, representing the developer of the HIBC, addressed the Board to answer questions regarding the buffer and showed on a map the area the applicant is asking to have parking provided. She explained it is not their intent to put the parking immediately to the boundary. She clarified they are not only requesting to rezone the 44 acres but including an amendment to the PUD as a whole.

No one else spoke in support or in opposition.

District Commissioner McLain stated the Banana Lake area is historically a residential area and the Board in the past has tried to provide a reasonable buffer. He said 200’ is a lot of buffer and this would be a departure from the past. The residents deserve the same type of buffering as the rest of the residential owners.

Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt the Large Scale Comprehensive Plan Amendment to Planned Development with staff findings and recommendations, not supporting the encroachment into the 200’ buffer; property located south of CR 46A and west of International Parkway, approximately 44 acres, as described in the proof of publication, Heathrow International Business Center, Miranda Fitzgerald.

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

Motion by Commissioner McLain, seconded by Commissioner Morris, to rezone the subject property from A-1 (Agriculture) to PUD (Planned Unit Development) with staff findings and comments; property located south of CR 46A and west of International Parkway, approximately 44 acres; as described in the proof of publication, Heathrow International Business Center, Miranda Fitzgerald.

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

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve Amendment, as shown on page _________, to the Development Order for the Heathrow International Business Center DRI with staff findings and comments, property located at the SW corner of Interstate 4 and CR 46A; as described in the proof of publication, Heathrow International Business Center, Miranda Fitzgerald.

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

Upon inquiry by Ms. Matheny, Commissioner McLain stated his motion does include the changes to the Developer’s Commitment Agreement, as shown on page __________, as included in the staff recommendations. Commissioner Morris concurred.

Motion by Commissioner McLain, seconded by Commissioner Morris, to enact Ordinance #99-31, as shown on page __________, adopting the Large Scale Comprehensive Plan Amendment to Planned Development and Ordinance #99-32, as shown on page __________, rezoning to PUD, Planned Unit Development.

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

Commissioners McLain and Morris left the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment from Low Density Residential to Office; property located south of SR 436 on Pearl Street at Lakeview Drive, containing approximately 1.5 acres, Harling Locklin and Associates, Inc., received and filed.

Dick Boyer, Planner/Information Specialist, addressed the Board to state the applicant believes the current land use is not compatible with existing uses and trends of development in the area. He reviewed the history of the property and the currently existing and abutting uses.

Commissioner Morris returned to the meeting at this time.

Mr. Boyer advised the staff recommends Office land use with findings that Office land use, as proposed: (1) Would provide for an appropriate transitional use at this location; (2) Would be consistent with the locational criteria of the County’s Comprehensive Plan relating to Office land uses; (3) Would be compatible with adjacent Low Density Residential and Commercial land use designations; (4) Would be consistent with development trends in the immediate area; and (5) Would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. He reviewed the Local Planning Agency’s recommendation to approve with the recommendation that the zoning be restricted to not impact lake properties.

Glenn Semanisin, Harling Locklin and Associates, addressed the Board to state the trends for development are more towards commercial for the properties with access to SR 436. He answered Chairman Henley that access to this property has always been through SR 436 through commercial properties.

Commissioner McLain returned to the meeting at this time.

Mr. Semanisin answered questions by Commissioner Morris on why this property was abandoned. He showed the proposed plan (received and filed) of the property for two or three small buildings and discussed same with Commissioners Morris and Henley. He advised this plan would be a less impact to the lakeshore than residential and there would be no ability for the occupants of the building to have access to the lake.

Discussion ensued regarding the design of the buildings, the retention pond and the buffer area.

Upon inquiry by Commissioner McLain, Mr. Semanisin answered that houses could currently be built on these 3 lots. Mr. Dwyer stated the lots are adequate for three houses.

Chairman Henley read the written comment (received and filed) from Jennie Boley who was in opposition to the land use change.

Donald Klincko, 703 Meredith Street, addressed the Board to state he is opposed to the land use change. He said at the first hearing on July 22, representatives from the Pearl Lake and Prairie Lake communities discussed why they felt this land use change should not be granted. At that time, they reminded the Board that in the past the Commissioners and staff recommended the land use not be changed in a joint attempt to keep nonresidential uses out of this community. He advised a letter from the City of Altamonte Springs in 1988 to the County was read that stated further encroachment of nonresidential uses should be avoided in order to protect the stable single family neighborhood around Pearl Lake and Prairie Lake. He asked what has changed since 1988. He said this is not just about lakes and land, but the morality and people in the community.

Christopher Seastrom, 2906 Oak Lane, addressed the Board to state he has a beautiful view from his dock. He showed a picture (received and filed) of this view. He said he has no problem with houses and would feel better with that than seeing offices. He asked the Board to leave the lake alone and leave it natural.

Susan Doerner, 211 S. Embrey, addressed the Board to state she is opposed to the land use change. She said this is not necessary; there is office space in Casselberry. She stated this is not the time to look into rezoning residential to office and said the Board needs to concentrate on renovating 17-92 and leave this parcel alone.

Commissioner McLain responded to comments by Ms. Doerner.

Commissioner Maloy left the meeting at this time.

Commissioner McLain stated the Board understands the problems on 17-92 and he reviewed that they have spent money to renovate the property. He explained the Board cannot dictate to the people what they do to their property as long as they get the zoning changes.

Commissioner Maloy returned to the meeting at this time.

Eugene MacMahan, 701 Gladwin Avenue, addressed the Board to state he has lived on Pearl Lake for about 25 years. He showed pictures (received and filed) of his view of the lake. He said the Board cannot monitor this site 24 hours a day, seven days a week, and he doesn’t know what would happen on the lake with another owner. He said he doesn’t feel they need the traffic noise on SR 436 either. He asked the Board to do what the constituents are asking and turn down this request.

Willliam Hemphill, 706 Gladwin Avenue, President of the Prairie Lake Homeowners Association, addressed the Board to state it has been a longstanding policy to reject any nonresidential encroachment into their residential neighborhood. He said the homeowners consider this their neighborhood and want it to stay residential. He responded to the staff findings and asked the Board to group all they want on the border of their existing residential neighborhoods which includes those lots already zoned residential.

Lois Fairbrother, 973 Stonewood Lane, addressed the Board to ask the Board to consider the affect this action would have on Pearl Lake. She stated she lives on a lake nearby and they had the same kind of development near their property. She said all the natural habitat are gone. She said the office building drainage off Pearl Lake will go into the lake. She said the traffic on SR 436 is very busy. She asked the Board to go look at the lake before making a decision to change the zoning and said once the lake is messed up, it can’t be easily put back.

Judith Peters, 711 Meredith Street, addressed the Board to state she lives on the side of the lake that is cut off on the map and it is all residential. She said she has a 90-foot driveway with a canal and she relayed her experience with that. She said chemicals will get in the lake from construction and runoff will get there, if not directly into the lake, it will soak into the water. She said the owner of this property who owns Club Juana has a track record of not following the law.

Chairman Henley requested the County Manager to check and see if Prairie Lake and Pearl Lake are on the program to monitor water quality.

Dan Woods, 200 Via De Lago, representing the Association, addressed the Board to state he lives on the property adjacent to the subject property. He spoke on stormwater issues and the Comprehensive Plan change. He showed a picture (received and filed) of Lakeview Drive and said they do not have access to the lake at all. He said his concern is if you put a house and office buildings on the property, there is not much buffer between the two. He said the property the applicant is trying to develop is wetlands. He said there are alternatives to approving this request.

Speaking for himself, Mr. Woods said he is in favor of the applicant putting in an office, but he doesn’t think it should be so close to the lake. If a buffer could be put into the Comprehensive Plan amendment, he would be in favor of this request.

Martha Baker, 1525 Heights Lane, addressed the Board to state she has been the owner of Lot 14 for 25 years and has never been flooded. She gave some history of the property and said Mr. Pinter’s land does not hit Lot 14.

Pete Vrochopoulos, 713 Meredith Street, addressed the Board to state this is a residential neighborhood. He submitted pictures (received and filed) showing the view from his back window. He asked the Board to put themselves in their position and asked what would they be doing now.

Chairman Henley reported that the County Manager has checked and found that Pearl Lake is part of the lakewatch program, and Prairie Lake is under the City of Altamonte’s lakewatch program.

Carol Klincko, 703 Meredith Street, addressed the Board to state when Mr. Pinter first tried to change the land use in 1988, Fred Humphries, Architect, wrote a good faith letter on behalf of Mr. Pinter to Mr. Eugene MacMahan regarding the natural buffer. She quoted this letter and submitted same to the Board (received and filed). She said they would like to have this property completely blocked and she opposes any nonresidential land use.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner Henley passed the gavel to Vice Chairman Maloy in order to make a recommendation and motion concerning this issue.

District Commissioner Henley stated he doesn’t feel the character of the surrounding area has changed enough to warrant a different land use. He said this project is not compatible with residential that surrounds the lake. He feels office buildings would change the character of the lake and he is concerned about the future and the fact that the protections that will be put in to protect Pearl Lake may fail and do damage to this lake and possibly Prairie Lake.

Motion by Commissioner Henley, seconded by Commissioner McLain, to not transmit, thereby denying, Office land use for property located south of SR 436 on Pearl Street at Lakeview Drive, containing approximately 1.5 acres; as described in the proof of publication, Harling Locklin and Associates, Inc.

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

The gavel was returned to Chairman Henley.

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Motion by Commissioner McLain, seconded by Commissioner Morris, to continue the 1999 Fall Cycle Comprehensive Plan Amendments hearings to August 11, 1999, at 7:00 p.m.

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

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The Board, thereupon, recessed at 9:25 p.m., reconvening at 7:02 p.m., on August 11, 1999, with all Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to accept proofs of publication for this meeting's scheduled public hearings.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment from Suburban Estates and Public, Quasi-Public; property located at the southeast corner of CR 46A and Banana Lake Road, containing approximately 3.0 acres, Seminole County, CFG Real Estate Group, Inc., received and filed.

Chairman Henley advised that the applicant, CFG Real Estate, has withdrawn the proposed Amendment.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to accept withdrawal of Amendment from Suburban Estates and Public, Quasi-Public; property located at the southeast corner of CR 46A and Banana Lake Road, containing approximately 3.0 acres, as described in the proof of publication, Seminole County, CFG Real Estate Group, Inc.

Under discussion, Commissioner McLain requested the County Manager to look into the cemetery on this property to make sure it is being dealt with properly and report back to the Board at his earliest convenience.

Chairman Henley stated he believes staff is in the process of evaluating how many cemeteries are not registered or have been abandoned.

A letter from CFG Real Estate requesting withdrawal of the proposed plan was received and filed.

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

A copy of the Fall Cycle Comprehensive Plan Amendment and Support Document were received and filed.

Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment from Suburban Estates to Low Density Residential; property located on the east side of Orange Blvd., south of Wayside Drive, north side of the railroad bed, west of Tall Trees, containing approximately 147 acres, Seminole County, Silver, Bowyer-Singleton, received and filed.

Dick Boyer, Senior Planner, addressed the Board to review the location of the proposed amendment and the existing and abutting uses. He stated in September 1998, the Board approved the Wekiva Special Area Study. As a part of that study, the Board directed staff to process a future land use amendment from Suburban Estates to Low Density Residential for this area and allow for rezoning to create compatibility with adjacent uses. Staff recommends Low Density Residential land use, with findings that the proposed land use would: (1) Provide for an appropriate transitional use between Low Density Residential (LDR) land use to the east, and Low Density Residential and Suburban Estates land uses to the west; (2) Be consistent with the locational criteria of the County’s Comprehensive Plan relating to Low Density Residential land uses; (3) Be consistent with adjacent Suburban Estates and LDR land use designations; and (4) Be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. He stated the Local Planning Agency (LPA) recommended approval with a recommendation of R1-AAA zoning.

Upon inquiry by Commissioner Morris, Tony Matthews, Senior Planner, addressed the Board to explain the reasoning of the LPA’s recommendation.

Judy Stewart, representing Bowyer-Singleton & Associates, addressed the Board to state she concurs with staff’s recommendations and she would be happy to answer any questions.

Mike McManus, 471 Stillforest Terrace, addressed the Board to ask how this project will affect the area residents. He stated he has lived in the area for 8 years and the wetlands area in the back has flooded three times due to the water table being very high. He addressed the issues of traffic, children walking down Wilson Road to get to school, and the Board aggravating the problem if they allow traffic to go down Wilson Road. He said he would like the Board to assure them that Wilson Road will be cut off.

At the request of Commissioner Morris, John Dwyer, Current Planning Manager, addressed the Board to provide the net density for R-1AAA.

John Moore, Seminole County Professional Engineer, addressed the Board to state Wilson Road will be connected on both sides of the Grantline Road project, and if it is closed at Grantline it would be landlocked. The only improvements they are proposing for Wilson Road is to construct the two-lane nominal connection to the Grantline facility, go back from Wilson approximately 200 ft. to provide a paved transition onto and off of the road, and then transition it back to the dirt pavement. Stormwater facilities have been installed on both sides so that there would not be a drainage problem.

Mr. McManus stated he was told that Wilson Road would be blocked off.

Mr. Moore stated the County is not attempting to increase the capacity to Wilson Road and they are trying to minimize the paving as much as possible. He stated he doesn’t believe it will be an alternate corridor.

Upon inquiry by Commissioner Morris, Mr. Moore advised landscaping would be installed as part of the Grantline Road construction project. One of the issues that he ran into was the County does not have a source of free reuse water along Grantline Road and based on that, they are going with the drought-tolerant landscaping unless they have an alternate funding source.

At the request of Commissioner Van Der Weide, Mr. Moore explained how the County’s road paving program might affect that area.

Commissioner Van Der Weide stated he would like to make sure that everyone realizes that the County will be paving all County-maintained dirt roads within the next three years.

Upon inquiry by Mr. McManus, Mr. Moore advised the plan is not to close off Wilson Road at this time because at least one large parcel east of Grantline would not have access.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner McLain stated the map shows that Tall Trees is R-1AAA and it is surrounded by Low Density Residential. He said he can assure the residents that this property should be developed to the same level as Tall Trees. He stated Wilson Road would be an issue that will be addressed as well as the ability of the children walking to school. He said he does not remember discussing cutting off Wilson Road, but he believes it is a County right-of-way. He added he would make sure that the stormwater plan will be watched very closely by the County, the St. Johns River Water Management District and the Department of Environmental Protection.

Motion by Commissioner McLain, seconded by Commissioner Morris to transmit Low Density Residential land use; property located on the east side of Orange Blvd., south of Wayside Drive, north side of the railroad bed, west of Tall Trees, containing approximately 147 acres, as described in the proof of publication, Seminole County, Silver, Bowyer-Singleton, with staff findings.

Under discussion and upon inquiry by Commissioner Morris, Commissioner McLain advised he is approving this item with a caveat that the applicant understands that he is looking at R-1AAA when this comes back and he will be looking into the Wilson Road access.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment from Suburban Estates to Office; property located at the northeast corner of CR 46A and Orange Blvd., west of future Grantline Road, containing approximately 29.2 acres, Seminole County, Gauss, Gibson, received and filed.

Mr. Boyer reviewed the location and the existing and abutting uses of the property. He stated as part of the Wekiva Special Area Study, the Board directed staff to process a future land use amendment from Suburban Estates to Office at the northeast corner of SR 46A and Orange Blvd. to be compatible with adjacent land use of Planned Development and Office. He said staff recommends approval of the proposed land use with the following findings: (1) Would provide for an appropriate transitional use between HIP-TI and Office land uses to the east, and Low Density Residential to the west; (2) Would be consistent with the locational criteria of the County’s Comprehensive Plan relating to Office land uses; (3) Would be consistent with adjacent Planned Development and Office land use designations; and, (4) Would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. The LPA recommended approved of the request.

Richard Gauss, applicant, addressed the Board to advise he agrees with staff recommendations.

Gene McKay, 4916 Fawn Ridge Place, addressed the Board to state he feels that more thought should be given to residential development in that area rather than office building. He stated he feels the developer envisioned more offices on Grantline Road and SR 46 rather than opposite the entrance to a community such as Heathrow.

No one else spoke in support or in opposition.

District Commissioner McLain stated this parcel is the transition piece that the County is looking to for the vacant property to the north and to the PUD. He stated he cannot envision more office along Orange Blvd., and Grantline is the area where they want the corridor to continue along the International Parkway. The Board has discussed Grantline Road and the landscaping and the County cannot afford to allow this extension of International Parkway to be a second rate corridor after it leaves SR 46A. He said he believes it is imperative that the Board acknowledges that. He said his intention is to push that landscaping to continue all the way to SR 46. Discussion ensued relative to providing landscaping and running lines along that corridor.

Commissioner McLain stated he would like a work session or briefing scheduled on this issue so that staff can submit alternatives. The Board consented to scheduling a briefing.

Motion by Commissioner McLain, seconded by Commissioner Morris to transmit Office land use for property located at the northeast corner of CR 46A and Orange Blvd., west of future Grantline Road, containing approximately 29.2 acres, as described in the proof of publication, Seminole County, Gauss, Gibson, with staff and LPA findings.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment from Office to Higher Intensity Planned Development-Target Industry; property located at the southwest corner of SR 46 and future Grantline Road, containing approximately 6.8 acres; and Amendment from Low Density Residential to Higher Intensity Planned Development-Target Industry; property located on the west side of future Grantline Road, north of Wayside Drive, containing approximately 15 acres, Seminole County, Harling Locklin and Associates, Inc., received and filed.

Mr. Boyer reviewed the location of the property and the existing and abutting uses. He stated during the 1987 Comprehensive Plan update, a request to change the land use to Commercial on this property was denied. In 1990, a request to change the land use to Commercial and rezone to C-1 was also denied. Also in 1990, a request to change the land use to Planned Development and rezone to PUD was withdrawn by the applicant. The 42-acre property to the south of this site was amended to Office land use in 1989.

Mr. Boyer stated staff recommends no change to the existing Office land use with findings that Office land Use would be: (1) Consistent with the locational criteria of the Seminole County Comprehensive Plan related to Office land use; (2) Consistent with development trends to establish Grantline Road a high-end office corridor; (3) Compatible with adjacent Suburban Estates and Low Density Residential land uses; and (4) Consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. The LPA recommended denial of HIP-TI, with a recommendation that the eastern 700 ft. would be appropriate for HIP-TI and the western 300 ft. for Office.

Upon inquiry by Commissioner Maloy, Mr. Matthews explained what type of uses are allowed in the HIP uses around McCulloch Road.

Upon inquiry by Commissioner Morris, Frances Chandler, Planning & Development Director, addressed the Board to advise relative to office use, the active passive buffer regulations in the Land Development Code apply to adjacent residential zoned property. She stated the property to the west is zoned A-1 and is not considered residential under the Land Development Code. That means, the active/passive buffer would not apply to conventional office zoning district. The use to the south is also Office and that would not be required if the LDR of 5.2 was changed to Office in the future. The HIP land use provides a multitude of uses, but the PUD and PCD zoning districts have detailed, explicit uses in a particular site.

Upon further inquiry by Commissioner Morris, Mr. Dwyer advised the specific setbacks and height would be a 50-ft. setback with a 25-ft. buffer.

Mr. Dwyer addressed the specifications of the setbacks and height for PCD zoning.

Commissioner Morris stated he feels that PCD zoning is an issue that the area residents can discuss.

Commissioner Morris stated under PCD zoning, a 100-ft. or more buffers would be required as well as walls and low lighting that would buffer this property. He stated the Board could request the applicant and the homeowners to meet to discuss the PCD zoning and come back in December.

Commissioner McLain stated when he met with the homeowners there were discussions relative to Office use and initially they were in favor of that use. He stated after further discussion, some of them felt that commercial within that site may be an asset to the area. He said he suggested that the applicant meet with the homeowners to discuss this issue, and maybe this item can be continued so that they can come back with something similar to what Commissioner Morris has discussed.

Hugh Harling, Harling Locklin & Associates, addressed the Board to submit and review an aerial photograph, a zoning map of the proposed land use plan amendment and a map showing the design specifications, SR 46/Grantline Road and the existing zoning (all were received and filed). A letter from Richard Harris, Chairman of the LPA, clarifying his position on Subarea #4 of the Wekiva Small Area Study was also received and filed. He stated he has met with the area residents and they have listened to their concerns. Grantline Road has been cut between Wayside Dr. and SR 46. When Tall Trees was originally being developed, it did not have a drainage outfall. Mr. Hattaway gave an easement across the west side of the property and that allowed Tall Trees to continue to be developed. A drainage retention pond is across the street and it drains through this property and eventually makes its way into the Smith canal. He displayed the design specifications and advised that the natural vegetation along Wayside Drive will be left intact and a buffer of 15 to 25 ft. will be installed. He said he is willing to commit to not providing access to Wayside Drive along with a buffer. He also committed to a 100-ft. buffer as well as a drainage easement for Tall Trees.

Upon inquiry by Commissioner McLain, Mr. Harling advised the buffer will be 100 ft. and the landscape buffering would be 15 to 25 ft. along the south. He stated he is willing to commit to providing low-level lighting for security only along Wayside Drive and the western property line. There will be no noise generators and dumpsters will be located along the side or in front of the property. A traffic signal will be lined up with realigned Wayside Drive and SR 46 to the east and a signal will eventually be located approximately 1600 ft. to the intersection of Lake Forest. An existing signal is located to the west at Orange Blvd. and he will try to have one entrance off SR 46 and two entrances off International Parkway. He stated he will furnish irrigation water and it will be installed until the reuse water is available. He added he would agree with the Board’s recommendation of PCD zoning as they believe it will give the area the highest, quality use for the community and for the industry coming to the area.

Upon inquiry by Commissioner Morris, Mr. Harling advised he understands that PCD zoning would require a minimum amount of greenspace, potential brick walls on certain portions of the property, a SR 46 overlay district zoning could be applied to this property, a 100-ft. buffer, and lighting standards could be universal on the whole parcel.

Mr. Harling stated there would be limited access and it would be only for fire-type access. He stated he would commit to the highest quality in this location, as he believes it will increase the value of his property and the surrounding area.

Upon inquiry by Commissioner Morris, Mr. Harling advised he understands that height restrictions and the lighting and signage are part of the package and would be of the highest quality.

At the request of Commissioner McLain, Chairman Henley recessed the meeting at 8:10 p.m. to give the District Commissioner, applicant and the residents an opportunity to discuss issues of PCD zoning. The Chairman reconvened the meeting at 8:35 p.m., with all Commissioners present.

Chairman Henley stated he has received a request to continue this issue as the second item on 8/24/99. He stated he understands the concerns of the residents and he will be asking staff and a representative from the applicant to meet with the residents to discuss the issue so that they can understand the advantages and disadvantages.

Commissioner McLain stated he believes this is headed in a direction that will be beneficial for the community. He stated the applicant has committed to put in the type of landscaping he has discussed.

Motion by Commissioner McLain to continue to 8/24/99 as the second item on the agenda, Amendment from Office to Higher Intensity Planned Development-Target Industry; and from Low Density Residential to Higher Intensity Planned Development-Target Industry, Harling Locklin & Associates.

The Chairman surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.

Under discussion, Commissioner Morris stated if the PCD zoning were overlaid on top of the transmittal, it would go to Tallahassee, then the PCD zoning would come back to the Board in December. The zoning can be voted upon at the same time of the Land Use Amendment. He stated he feels it would be more advantageous for the applicant not to have the continuance for two weeks because it will already be delayed until December and at that time they can work out an agreement. They will be unable to reach an agreement within two weeks as to what they are going to do on this project.

Upon inquiry by Commissioner Morris, Ms. Chandler advised the applicant would file a rezoning application and it will go through a rezoning process. That process would include a LPA hearing in October or November relative to the design issues. Then it would come before the Board at the same public hearing of the Plan Amendment in December. At that time the PCD would include the site plan, buffers, setbacks, landscaping as well as all the commitments that run with the land.

Chairman Henley stated he seconded the motion because he felt it needed to be discussed and he wanted the residents to understand what is happening here. The purpose of the hearing tonight is to transmit the issue to Tallahassee and not an adoption.

Upon inquiry by Commissioner McLain, Ms. Chandler advised having the zoning, development order and commitment agreement done at the same time as the time of the adoption of the Land Use Amendment is the most protection for this property.

Mike Hattaway, property owner, addressed the Board to state he has owned this property for 27 years and the PCD zoning seems like a reasonable solution to all of the issues that has faced the community. He stated he has made some dramatic changes and commitments that he is willing to fulfill. He said he would be willing to go along with the continuance.

Dick Thomas, representing Tall Trees Homeowners Association, addressed the Board to state the residents of Tall Trees thought the recommendation of staff was Office use and now a better plan is being presented. He stated he felt that this plan should have been discussed at their meeting last night. He said he is willing to meet with Mr. Hattaway or his representative to come to a conclusion on this issue. He added he would like to make it clear that if he finds out that there is another alternative, then everyone will be very upset. He said he is willing not to have the continuance and they are willing to come back in December.

At the request of Commissioner Maloy, Ms. Chandler reviewed the steps of the Comprehensive Plan process.

Commissioner Morris stated the residents of Tall Trees will be meeting with the applicant, staff and the District Commissioner. He stated an agreement has to be reached by all parties before it comes back to the Board.

Mr. Thomas stated he doesn’t want to get involved in this process of trying to get along with everyone and then find out that their initial objective was abandoned.

Commissioner McLain stated he feels the continuance is not necessary, therefore, he will withdraw his motion. Commissioner Henley withdrew his second. The gavel was returned to the Chairman.

Ruth Weeks, 435 Still Forest Terrace, addressed the Board to ask if PCD is the same definition as HIP-TI. Whereupon, Ms. Chandler explained what type of uses that HIP-TI would allow.

Gene McKay, 4916 Fawn Ridge Place, addressed the Board to state there are a number of people who want to change the Comp Plan so it will benefit them. They are not concerned with what is best for the community. He stated most of the people in the community are not opposed to development, but they would like office type development and do not want commercial in this area. He added he would like to see the same type of development that is found on International Parkway, as it would be least intrusive to the residential area.

Jack Gilliam, 347 Still Forest Terrace, addressed the Board to state he has been in the community for 37 years and he has seen good and poorly planned communities. He said he has lived in Lake Mary for the last 10 years and it is hard to get in and out of the city due to the traffic and he does not want the same type of commercial business along this stretch of road. He stated he feels there should be the same type of irrigation in this area as the International Parkway.

Commissioner McLain stated he would agree with Mr. Gilliam’s comments relative to the other end of the corridor.

At the request of Commissioner Van Der Weide, Richard Thomas, Transportation Specialist, addressed the Board to discuss what the plans are for running the SR 46 connector to the western beltway.

Jeff Fickas, 5085 Blacknell Lane, addressed the Board to state he believes the owners of subject property should be able to use it for their best use. He stated he doesn’t believe that government should intervene and rezone to make the value of a person’s property greater at the expense of another property owner. There is an opportunity to strike a balance between the community and the business interest, and maintaining higher standards can do it. He stated he would recommend Office zoning from SR 46A all the way up to SR 46. He added he would like the landscaping extended, Heathrow-style all the way up to SR 46, and place buffers for the existing residents. He said he would request the Board to make this project look like Heathrow.

Peggy Templeton addressed the Board to speak on behalf of Dwight Saathoff, 255 S. Orange Ave. She stated she is concerned about the intensity of zoning along SR 46 and how that looks as you leave I-4 going to Mt. Dora. She said she is also concerned with what will happen to the rest of SR 46, and staff should be working with the residents with an overall SR 46 plan. The residents want to work with the applicant on the zoning to establish requirements set forth. She stated she would support Office or HIP zoning, with protections that have been made a matter of record tonight.

Upon inquiry by Commissioner McLain, Ms. Templeton advised she would support Mr. Hattaway’s request for HIP, provided that the commitments are met and the caveat on the intensity would be looked at very carefully.

Susan Nash, 459 Still Forest Terrace, addressed the Board to state her main concern is the PCD zoning. She stated it sounds like there will be Commercial and she would like to see Commercial stay on the east side of I-4 and Office in this area.

Mike McManus, 471 Still Forest, addressed the Board to state he is hoping the Board will keep the vision of what they are looking for with the Heathrow International Parkway office space. He stated he feels it is more appealing to look at an office building than a retail shop.

Russell Belcher, 5051 Knotty Pine Ct., addressed the Board to state some of the commitments made by the applicant and some of the suggestions made by the Board are encouraging. He asked if the Board moves ahead with the request, does that property permanently become HIP, or does parcel 5.1 and 5.2 become Office if the agreement does not go through.

Colleen Rotella, Comprehensive Planning Manager, addressed the Board to state depending on how the Board structures the motion tonight, they can place requirements that certain conditions be met by the adoption time in December. If those conditions are not met, the Board can deny the Land Use and it would remain as it is today.

Chairman Henley read the following names who submitted written comments: Joan Levy; Ira & Ritosa Schwartzberg; Janice & Steve Watson; Terence Laing; Jane Weinstein & Belinda Dozier; Susan Nash; Joel Himmel; and Rhonda Gibson.

Mr. Harling committed to apply for a PCD rezoning application to be heard by the LPA in October or November, and when the Land Use change comes back from Tallahassee, both issues can be voted on at the same time with a development order and developer’s agreement. All of the commitments relative to buffers and access to Wayside Drive would be included in the plan.

Upon inquiry by Commissioner McLain, Ms. Rotella advised staff recommends that they go through this process as they will be able to address their concerns and the community’s concerns.

No on else spoke in support or in opposition.

Speaker Request and Written Comments Forms were received and filed.

District Commissioner McLain stated he feels it would be shortsighted not to go through this process knowing they can reflect back to no change and keeping it Office.

Motion by Commissioner McLain, seconded by Commissioner Morris to transmit HIP-TI to the DCA for property located at the southwest corner of SR 46 and future Grantline Road, containing approximately 6.8 acres; and property located on the west side of future Grantline Road, north of Wayside Drive, containing approximately 15 acres, as described in the proof of publication, Seminole County, Harling Locklin and Associates, Inc., and to request the applicant to submit an application for PCD zoning, to be heard on a timetable that would be concurrent with the adoption hearing in December.

Under discussion, Commissioner McLain stated the staff can design the site plan and development order so that proper planning would not recommend additional commercial activities and it will protect the Office corridor.

Ms. Chandler stated there is Office land use adjacent to residential east of Tall Trees. The criteria in the Comp Plan have restrictions on Commercial uses along International Parkway and restrict to only arterial intersection locations.

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

Commissioner McLain left the meeting at this time.

Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment from Low Density Residential to Higher Intensity Planned Development-Target Industry; property located east of future Grantline Road, south of Wayside Drive including area bordered by future Grantline Road, Katie Street and Wilson Road, containing approximately 1.3 acres, Seminole County, Watson, received and filed.

Mr. Boyer reviewed the location of the proposed amendment and the existing and abutting uses. He stated as part of the Wekiva Special Area Study, the Board directed staff to process a future land use amendment from Office and Low Density Residential to Higher Intensity Planned Development-Target Industry for properties at the southwest corner of SR 46 and future Grantline Road, and from Low Density Residential to Higher Intensity Planned Development-Target Industry including a provision prohibiting commercial uses for those properties located east and south of future Grantline Road. He stated staff recommends Higher Intensity Planned Development-Target Industry land use, with findings that HIP-TI land use would: (1) Be consistent with the locational criteria of the Seminole County Comprehensive Plan related to HIP-TI land use; (2) Be consistent with development trends in the surrounding area; (3) Be compatible with adjacent HIP-TI land use; and, (4) Be consistent with Plan policies identified at this time and, therefore, is consistent with the Plan. The LPA recommended approval of the request.

Commissioner McLain reentered the meeting at this time.

Ruth Weeks stated her neighbors would like for her to address the differences in the prices they expect from the property values in the area if HIP-TI is allowed. She stated she has done a comparison of neighborhoods done by the same developer, such as Longwood Plantation. The resale value of Longwood Plantation is significantly lower than Tall Trees. She said the industrial designation is not appropriate in the area and she would hope the Board would protect their neighborhood.

Susan Nash stated she has the same concerns.

Jack Gilliam was called to speak but had left the meeting.

Gene McKay stated he concurs with what has been said.

Chairman Henley read the following names who submitted written comments: Joel Himmel; Rhonda Gibson; and Joan Levy.

No one else spoke in support or in opposition.

District Commissioner McLain recommended staff’s recommendation with their findings.

Motion by Commissioner McLain, seconded by Commissioner Maloy to transmit Higher Intensity Planned Development-Target Industry; property located east of future Grantline Road, south of Wayside Drive including area bordered by future Grantline Road, Katie Street and Wilson Road, containing approximately 1.3 acres, as described in the proof of publication, Seminole County, Watson, with staff recommendations and to make it clear that no commercial be allowed.

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

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The Chairman recessed the meeting at 10:00 p.m., reconvening at 10:12 p.m., with all Commissioners present.

Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment from Low Density to Commercial; property located on the south side of Wayside Drive west of Auto Nation, containing approximately 3.0 acres, Seminole County, Claude Wolf, received and filed.

Mr. Boyer reviewed the location of the proposed Amendment and the existing and abutting uses. He stated as a part of the Wekiva Special Area Study, the Board directed staff to process a future land use amendment from Low Density Residential to Commercial. Staff recommends approval of the Amendment, with findings that Commercial land use would represent the western most limit of commercial use along Wayside Drive and: (1) Would be consistent with the locational criteria of the Seminole County Comprehensive Plan related to Commercial land use; (2) Would be consistent with development trends in the surrounding area; (3) Would be compatible with adjacent Commercial land use; and (4) Would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. The LPA recommended approval with staff recommendation that this would represent the western-most limit of commercial use along Wayside Drive.

Upon inquiry by Commissioner Morris, Mr. Boyer explained what were the immediate adjoining uses. Discussion ensued between the Board and Ms. Chandler relative to the rationale of this parcel being Commercial and not HIP.

No one spoke in support or in opposition.

District Commissioner McLain stated he feels that this parcel should be part of the HIP-TI land use and he does not see any real value of having a small parcel of commercial.

Motion by Commissioner McLain, seconded by Commissioner Morris to not transmit Commercial land use for property located on the south side of Wayside Drive, west of Auto Nation, containing approximately 3.0 acres, Seminole County, Claude Wolf.

Under discussion and upon inquiry by Commissioner Morris, Ms. Chandler advised she does not see this property developing as Low Density Residential. She stated she believes that it will be a non-residential use. The Plan does allow the Board to recommend Office on this site.

Commissioner McLain stated the issue here is the Board just did HIP-TI on Amendment 5.3 and this small parcel is an outparcel that squares that up. He stated he would prefer giving the property owner an opportunity to work with staff in making that decision.

Ms. Chandler stated the property is small enough to where it could be considered a Small Scale Plan Amendment and the applicant would not have to wait to make it a part of the Large Scale Amendment cycle.

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

Upon inquiry by Commissioner McLain, Chairman Henley advised he believes the Board agreed that the International Parkway issue will be considered as a briefing item.

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Commissioner Van Der Weide informed the Board that he will be gone on vacation for ten days.

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to continue the Fall Cycle of the Future Land Use Amendments to August 24, 1999 at 7:00 p.m.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:30 p.m., this same date.

ATTEST_____________________Clerk____________________Chairman

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