BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
AUGUST
14, 2001
The following is a non-verbatim transcript of
the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:34 a.m. on Tuesday, August 14, 2001, in the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of
said Board.
Present:
Vice Chairman Randy Morris (District 2)
Commissioner Grant Maloy (District 1)
Commissioner Carlton Henley (District 4)
Commissioner Daryl McLain (District 5)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
Absent: Chairman Dick Van Der Weide (District 3)
The Invocation was given by Pastor Bryan
Wenger, Upsala Community Presbyterian Church, Sanford.
County
Manager, Kevin Grace, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion
by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate
Resolution #2001-R-131, as shown on page ________, proclaiming August 24-31,
2001 as “Seminole County Firefighters Appreciation Week”.
Districts
1, 2, 4 and 5 voted AYE.
The
Resolution was presented to Firefighter, Cindy Romish, who addressed the Board
to express her appreciation.
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Candace Birle, President, Wyman Fields Foundation, addressed the Board to express her appreciation to the Board, and especially Commissioner Morris for his assistance in the redevelopment of Moss Cove in Winter Springs. She stated that before the redevelopment a third of all crime reported in Winter Springs came from this area. Since the redevelopment crime has dramatically been reduced. She presented to Commissioner Morris a collage of pictures relating to the Moss Cove Community project.
Commissioner
Morris thanked Ms. Birle and stated this issue actually dated back to when
Commissioner Henley was the District Commissioner. He also thanked Commissioner Henley, the Wyman Fields Foundation
and County staff for their assistance in this project.
Items
#3 - #12 were presented for action.
Commissioner
McLain advised he has received a letter (received & filed) from the
President of the Chase Groves Homeowners Association, Tim Nickolson, expressing
his concern with the wall removal (Item #12).
Tim
Nickolson addressed the Board to question if the subdivision’s brick wall will
be demolished.
John
Moore, Engineering Division, addressed the Board to advise a section of the
wall was demolished during construction of a portion of CR 46A. That portion will be rebuilt to the Southern
Standard Building Code.
Discussion
ensued with regard to Item #6, Seminole County v. Grace Properties No. 7,
LTD, et al, request to appeal.
Assistant
County Attorney, Henry Brown, addressed the Board to discuss the potential
costs of the appeal.
Mr.
McMillan explained that the owner’s expert witness had been employed on a
contingent fee based on the amount of the jury verdict. The County’s appraisal came in at $112,300
and the owner’s expert witness appraisal came in at $468,000. The jury verdict was $265,200. He said the County is appealing the decision
to allow the appraisal from the expert witness who was paid on the basis of the
amount of the verdict.
Motion
by Commissioner Henley, seconded by Commissioner Maloy to approve and authorize
the following:
3. Approve proposed settlement relating to the Coutant, Hart and Uni-Pak Corporation
property, Parcel Numbers 136/736/836 and
138/738 of the County Road 427 Phase III, road improvement project, located on
the east side of County Road 427 opposite 12th Street, Longwood, in
the amount of $80,475.00 which is the appraised value of the properties
acquired and includes an additional 12,608 sq. ft. of surplus property
contiguous to the parent tracts. The proposed settlement is inclusive of
attorney fees and cost reimbursement.
4. Approve proposed settlement relating to the Star Enterprises property, Parcel
Numbers 116 of the Dog Track Road improvement project, located at the
intersection of Dog Track Road and County Road 427, in the amount of $15,489.80
inclusive of engineering fees & attorney fees.
5. Authorize the County’s outside counsel to
proceed with a voluntary dismissal of the injunction suit River Capital, Inc. d/b/a Sassy Merlot’s
v. Seminole County, filed by the County against Sassy Merlot’s for
operating an adult entertainment establishment without proper licensing.
6. Authorization to appeal with
regard to Seminole County v. Grace
Properties No. 7, LTD. et al. This case relates to Parcel Numbers
l06 and 706 of the Howell Branch Road Phase II
road improvement project. The case went to jury trial during the week of July
23-26 2001. County staff seeks to appeal to the Fifth District Court of Appeal
the unfavorable rulings on legal issues by Judge Nelson.
8. Authorize Binding Written
Offers/Offers of Judgment relating to Parcel Numbers 136/836 and 167/867 of the
Dodd Road improvement project (Red Bug Lake Road to Howell Branch Road): (1) Autumn Glenn Homeowners Association
Parcel Numbers 136/836 ($223,300.00); (2) Autumn Glenn Homeowners Association
Parcel Numbers 167/867 ($32,802.00).
9. Approve and execute Purchase Agreement, as
shown on page _______, with Spring Lake Hills Properties relating to Parcel
Number 104 of the Wymore Road improvement project, located along the western
right-of-way of Wymore Road in Spring Lake Hills Subdivision, in the amount of
$6,000.00, inclusive of attorney’s fees and expert costs.
10. Approve and execute Purchase Agreement, as
shown on page ________, with Spring Lake Hills Properties, relating to Parcel
Number 115 of the Wymore Road improvement project, located along the western
right-of-way of Wymore Road in Spring Lake Hills Subdivision, in the amount of
$6,000.00, inclusive of attorney’s fees and expert costs.
Districts 1, 2, 4 and 5 voted AYE.
Mr.
McMillan advised that the County lost in the best possible way with regard to
the Weat Land Properties PUD Amendment case.
He stated the Board is going to have to hold another public hearing and
deal with the issue of approval with what conditions the Board wishes to
impose.
Assistant
County Attorney, Steve Lee, addressed the Board to briefly discuss legislative
issues as outlined in his July 17, 2001 memo (copy received & filed). He advised that he has received a request
from Animal Control regarding a bill requiring animal control officers to
report domestic abuse. That bill did
not pass last year and the County will continue their opposition to same. He also advised that he has received a
resolution from the City of Winter Springs regarding a push for a change in
interlocal agreements on annexations.
In addition, he stated he has received a memo from the Florida
Association of Counties relating to Article V funding. He added that he has not received any
departmental requests for funding from the State. He further advised that the Legislative Delegation will be
meeting in Seminole County on September 6, 2001.
Commissioner
Morris stated that the Board should advise the Legislative Delegation that the
Winter Springs issue is a matter of litigation. The Board voiced no objections to same.
At
the request of Commissioner Morris, Mr. Grace advised he will circle back
through the County departments to determine if there are any additional
legislative issues.
Commissioner
Maloy stated he would like to get an update on the Lake Jesup cleanup and there
seems to be a problem with the vagueness of the code enforcement law, so that
may be an issue for the Legislature.
Mr.
Grace stated he will re-poll the departments and bring those issues back to the
Board on August 28, 2001.
Mr. Grace corrected the back-up information for Item #32, FC-1158-01/BJC, Markham Regional Water Treatment Plan Offsite Wells. He also clarified that a revised Exhibit A (received & filed) has been distributed for Item #33, M-247-01/BJC, Air Quality Consultant Services for the Sheriff’s Office and Public Safety Building Remediation Project.
Motion
by Commissioner Henley, seconded by Commissioner Maloy to approve and authorize
the following:
18.
Approve and
authorize Chairman to execute Resolution #2001-R-132, as shown on page _______,
to ratify issuance by the Orange County Housing Finance Authority of
multi-family mortgage revenue bonds for Lake Jennie I, Lake Jennie II and
Mellonville Trace Apartments, on behalf of Seminole County.
19. Authorize staff to advertise and schedule a
public hearing on August 28, 2001 at 1:30 PM, to amend the Occupational License
Tax Ordinance.
20. BCR #01-121 – $690,612 – Public Safety – EMS/Fire/Rescue – Fund:
11200 – Fire Protection fund. Request
transfer of funds to cover shortage in the overtime account line due to holiday
pay inadvertently charged to the overtime line.
21. BCR #01-123 – $245,000 – Fiscal Services – Budget – Fund: 12401 –
County Court Facilities/12402 – Circuit Court Facilities funds. Transfer of funds to set up accounts for
Support Services and Facilities Maintenance for Courthouse services and
maintenance. Current year expenses will be charged to these accounts.
22. BCR #01-124 – $337,000 – Constitutional Officers – Court Costs –
Fund: 00100 – General fund. Request
transfer from General Fund reserves for year-end payments of Court Costs, which
are averaging $240,000 per month. Transfer was anticipated and has been
accounted for in year-end cash balance estimates for upcoming budget year
development.
23. BCR #01-125 – $227,843 – Environmental Services – Solid Waste –
Fund: 40201 – Solid Waste fund. Transfer
requested to meet engineer’s estimate for landfill roadways project. Original
budget was based on preliminary information. Upon completion of final
design documents, engineer’s estimate was adjusted to reflect conditions
identified in the field. Funds are available from gas management project.
24. BCR #01-127 – $25,000 – Public Works – Engineering – Fund: 10101 –
Transportation Trust fund. Additional
funding is necessary to address drainage runoff problems encountered during
construction of the sidewalk between Lake Mary Boulevard and E.E. Williamson
Road. Funds are available from the Collins Drive drainage improvement project
since the original scope was reduced based upon findings from the Lake Jesup
basin study.
25. BCR #01-128 – $50,000 – Public Works – Road Operations and Stormwater – Fund: 13000 – Stormwater fund. Additional funding is required for
design services pertaining to the Lake Tony/Deer Run project. Center Drive has
been added to the project due to repeated road failures caused by existing
subsurface conditions. Funding is available from savings in the project’s land
account line and from another project.
26. Board
authorization to schedule and advertise two public hearings for the adoption of
the tentative and final operating and capital budget for FY 2001/2002. Advertisement of the first public
hearing will be by mail-out of the “Notice of Proposed Property Taxes”.
Advertisement of the second public hearing will be by newspaper. Dates
requested are September 12, 2001 at 7:00 p.m. and September 25, 2001 at 7:00 p.m.,
respectively.
27. Request authorization to advertise and schedule a public hearing for the purpose of adopting the non-ad valorem assessment roll. The Seminole County Board of County Commissioners has adopted the uniform method of collection for non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. The uniform method requires adoption of the non-ad valorem assessment roll at a public hearing held between June 1 and September 15, 2001 to allow placement of the assessments on the 2001 November tax bills. Notice of the hearing must be published in a newspaper generally circulated within the County.
28. Request authorization to advertise and schedule a public hearing
for presentation of the proposed Port Authority budget for FY 2001/02. The
Seminole County Port Authority
was created by Act of the State Legislature in 1965 to provide a political body
to construct and operate a facility known as the Port of Sanford. The Port is currently self-supporting and
has not received ad valorem tax support since FY 1981/82. Date requested for
the public hearing is August 28, 2001 at 1:30 p.m. at which time the FY
2001/2002 Seminole County Port Authority budget will be presented to the Board
of County Commissioners for public comment.
MSBU
29. Approve and authorize Chairman to execute five (5) Street Lighting
Agreements, as shown on page ________, between Seminole County and Florida
Power Corporation to become effective October 1, 2001.
30. Award FC-1155-01/BJC Agreement, as shown on page ________, Heat
Recovery Chiller Addition at the Sheriff’s Office and Public Safety Building, to Air Mechanical & Service
Corporation, Orlando ($82,500.00).
31. Award FC-1157-01/BJC Agreement, as shown on page ______,
Replacement of the Insulation and Suspended Ceiling at the Administrative
Services Building, to Mechanical Services of Orlando, Inc. d/b/a Encompass
Mechanical Services, Orlando ($68,970.00).
32. Award FC-1158-01/BJC Agreement, as shown on page ________, Markham
Regional Water Treatment Plant Offsite Wells – Phase I, to Jaffer Associates,
Ltd., Miami (Not-to-Exceed $996,080.00).
33. Award M-247-01/BJC Agreement, as shown on page ________, Air
Quality Consultant Services for the Sheriff’s Office and Public Safety Building
Remediation Project, to Bailey Engineering Corporation, Palm Beach Garden
(Not-to-Exceed $120,000.00).
34. Award M-248-01/BJC Agreement, as shown on page ________, Design and
Construction Administration Phase of the repairs to the Sheriff’s Office and
Public Safety Building Remediation Project, to Wiss, Janney, Elstner
Associates, Inc., Atlanta, Georgia (Not-to-Exceed $220,650.00).
35. Accept and authorize the Chairman to execute the Certificate of
Completion, as shown on page _______, for FC-1132-00/BJC – Greenwood Lake Park
Expansion, to Varsity Courts, Inc., Longwood.
36. Approve ranking list for PS-593-01/BJC - Master Agreements for Professional Services for Comprehensive Planning: Socio-Economic Data Estimates and Projections; authorize negotiations and award Master Agreements, as shown on page _______, to Real Estate Research Consultants, Inc., Orlando, and Urban Dynamics Corporation, Neptune Beach (Not-to-Exceed $100,000.00 per year).
37. Approve Amendment #1, as shown on page ________, to RFP-4110-01/BJC - Anti-Theft System for Libraries, with Checkpoint Systems, Inc., Thorofare, New Jersey (Time Extension).
38. Award RFP-4114-01/JVP – Recycling Processing Services, Waste Management, Inc., Orlando. (Estimated Annual Revenue of $342,840.00).
39. Approve Amendment #2, as shown on page ________, to BD-260-01/BJC – HVAC Maintenance and Repair Agreement with The Trane Company, Orlando ($10,083.50).
40. Award BD-269-01/GG – Milling, Repaving & Re-striping Work at Oviedo and Casselberry Libraries to The Middlesex Corporation, Littleton, MA ($78,514.00).
42. Approve and authorize Chairman to execute Satisfactions of Mortgage, as shown on page ________, for down payment assistance under the SHIP Program's Home Ownership Assistance for the following: Iran Diaz, Jiuseppe & Santina Ammaturo, Josephine V. Cerasoli, Yani D. Morley, and Betty Cragin.
43. Adopt appropriate Resolution #2001-R-133, as shown on page _______, renaming 4th Street, aka Un-Named Road, aka Brick Road to Old Geneva Road located within the plat of Town Site Geneva and Geneva Heights.
44. Adopt appropriate Resolution #2001-R-134, as shown on page _______, renaming Stevens Street to Stevens Avenue, Sumner Street to Sumner Avenue, Douglas Street to Douglas Avenue and Lincoln Street to Lincoln Avenue, located in plats of North Chuluota.
Development
Review
45. Adopt appropriate Resolution #2001-R-135, as shown on page ________, to vacate and abandon a portion of a sidewalk and utility easement located within Lot 32, Wekiva Hills, Section 6 (Jeffrey Stein, Esq. representing owner).
Districts 1, 2, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Maloy to
approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated July 17 & 24, 2001; and Payroll Approval List, as shown on page _______, dated July 19, 2001.
2. Chairman to execute Satisfactions of Judgment for Bail Bond Liens for Dorothy Nelson, #91-12849MMA - $238; and Kitti Veronica Parker, #01000638CFA - $1,038.
3. Execution by Board members of the Tax Collector’s List of Errors, Insolvencies, Double Assessments and Discounts.
Districts
1, 2, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Developer’s Commitment Agreement, as shown on
page ________, for Osprey Lakes PUD as approved by the BCC on March 28, 2000.
2. Work
Orders Nos. 1 and 2 to PS-584-01, as shown on page _______, Engineering
Services Agreement.
3. Second
Amendment, as shown on page _______, to Construction Contract Agreement,
M-237-01.
4. Third
Amendment to Courier Services Agreement, as shown on page ________, RFP-400-97.
5. First
Amendment, as shown on page _______, to Work Order No. 3 to PS-557-00,
Construction Engineering and Inspection Services Agreement.
6. First
Amendment, as shown on page ________, to Work Order No. 17 to PS-543-99,
Engineering Services Agreement.
7. Development
Order, as shown on page _______, for Raymond and Julie Fisher, as approved by
the BCC on May 21, 2001.
8. First
Amendment to Construction Contract, as shown on page _______, M-235-01.
9. Work
Order No. 4, as shown on page _______, to PS-586-01, Engineering Services
Agreement.
10. Work Order No. 2, as shown on page _______, to
RFP-484-00, Consulting Services Agreement.
11. Resolution #2001-R-27 and Warranty Deed, as
shown on page _________, for right-of-way (Westlake Plantation), as approved by
the BCC on February 13, 2001.
12. Performance Bond, as shown on page _______,
for Buckingham Estates.
13. Resolution #2001-R-33, as shown on page
________, outlining procedures for Release of Conservation Easements, as
approved by the BCC on February 13, 2001.
14. Copy of memorandum to the BCC from J. Suzy
Goldman, Library and Leisure Services, regarding outstanding LSTA Grant
Application that was approved December 12, 2000.
15. Memorandum to Sandra McCann from Jerry
McCollum regarding outstanding documents from the February 27, 2001 meeting.
16. Engineering Services Agreement, as shown on
page _______, M-245-01.
17. Work Order No. 3, as shown on page _______, to
PS-586-01, Engineering Services Agreement.
18. Title Opinion Letter, as shown on page
________, for Victoria Manor Subdivision.
19. Development Order, as shown on page _______,
dated June 8, 2001 for Robert N. Wilfred.
20. Memorandum to Sandy McCann from J. Kevin Grace
regarding an outstanding BCC meeting document pertaining to the Supervisor of
Elections.
21. Work Order No. 1, as shown on page _______, to
PS-559-00, Engineering and Professional Services Agreement.
22. Work Orders Nos. 1, 2, and 5, as shown on page
_______, to PS-586-01, Engineering Services Agreements.
23. Work Order No. 1, as shown on page ________,
to PS-583-01, Continuing Professional Landscape Architecture and Irrigation
Design Services Agreement.
24. First Amendment, as shown on page _______, to
Work Order No. 3 to PS-508-97, Engineering Consulting Services Agreement.
25. Satisfactions of Connection Fees, as shown on
page ________, for the following:
Shurgard Storage; Oviedo Crossroads – Home Depot, Eckerd’s and Outparcel
#1; Crystal Photonics – Midway Commerce Center Lots 6, 7 & 22; Tivoli
Apartments Phase 2; Cardinal Glen; Heathrow Tract 27 – Cherry Ridge Phases 2
& 3; Oviedo Commerce Center; and Midway Commerce Center – Lot 25.
26. Conditional Utility Agreement, as shown on
page ________, for water service with Bread of Life Christian Church in
Orlando, Inc.
27. Conditional Utility Agreements, as shown on
page ________, for water and sewer with the following: GrandeVille at River Place, Ltd.; Maxine R.
Dann Revocable Living Trust (Orlando Industrial Park – Lot 21); Ganesh
Holdings, Inc.; Parkers Corner, LLC; and JMA LLP.
28. Letters of acceptance, Bills of Sale and
Warranty Deeds, as shown on page ________, for water and sewer systems and lift
station for Retreat at Wekiva Phase 1 and Royal Oaks.
29. Letter of acceptance and Bill of Sale, as
shown on page ________, for water and sewer systems for Alaqua Lakes Phase 5B
(Village I).
30. Customer Agreement, as shown on page ________,
for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and
Spray Easement for Lake Emma Animal Hospital – John J. Dee, an individual.
31. Letter of acceptance and Bill of Sale, as
shown on page _______, for water system and roads for Maronda Systems Addition.
32. Florida Gas Transmission Company Phase V
Expansion Project Final Environmental Impact Statement.
33. Copy of memorandum to Janet Davis, Human
Resources, from Bruce McMenemy, Deputy Director of County Finance, regarding
severance payments for Deputy County Managers.
34.
Bids as follows:
FC-1157-01; A/B-3030; A/B-3031; A/B-3032; PS-596-01; DB-606-01;
FC-1155-01; #270-01; A/B-3028-01; RFP-4113-A-01; and FC-1158-01.
Motion
by Commissioner Maloy, seconded by Commissioner Henley to approve and authorize
the Chairman to execute Memorandum of Agreement, as shown on page ______,
between the Department of State and the Seminole County Board of County
Commissioners.
Districts
1, 2, 4 and 5 voted AYE.
Director Penny Fleming of the Sheriff’s Office addressed the Board to briefly discuss Item #55, unclaimed evidence funds.
Motion
by Commissioner Henley, seconded by Commissioner Maloy to approve and authorize
the following:
53. Approve and
authorize the Sheriff’s Office to finalize the application for State Criminal
Alien Assistance program funds from the Federal Government.
54. Authorize transfer of $160,000 budgeted in the Sheriff’s Office
contingency account into the Sheriff’s Office operating expense account in
accordance with Section 30.49(7), Florida Statutes.
55. Approve and authorize Chairman to execute Budget Amendment
Resolution #2001-R-138, as shown on page _______, in the amount of
$34,885. Sheriff’s Office has accrued
$34,884.85 in unclaimed evidence funds, which in accordance with Section
705.105, Florida Statutes become the property of the Sheriff’s Office.
56. Approve expenditure in the amount of $8,000 from the Law
Enforcement Trust Fund to contribute to the construction of a Law Enforcement
Memorial.
Districts 1, 2, 4 and 5 voted AYE.
Support Services Manager, Meloney Lung, addressed the Board to request approval of the Declaration of Easement and Work Space Agreement for Florida Gas Transmission Company.
Commissioner
Henley questioned if the restoration required in the agreement includes the
replacement of trees.
Ian
Ratcliff, Development Review, addressed the Board to advise Florida Gas
Transmission Company will be requesting a dredge and fill permit and will be
required to do some restoration. He
stated that they will be doing 50% of the work within the existing FP&L
easement and they hope to minimize the damage that will be done.
Development
Review Manager, Mahmoud Nadja, addressed the Board to advise staff will be
meeting with the gas company this afternoon to work out an agreement on the
restoration.
Motion
by Commissioner Maloy, seconded by Commissioner Henley to authorize the
Chairman to execute the Declaration of Easement and Work Space Agreement, as
shown on page _______, for Florida Gas Transmission Company, with the
understanding that the restoration plan will be brought back to the Board as an
information item.
Districts
1, 2, 4 and 5 voted AYE.
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Planner Craig Shadrix addressed the Board to present the proposed resolution to comply with Policy 2.14.5 of the Wekiva Global Compliance Agreement.
Upon
inquiry by Commissioner Morris, Mr. Shadrix advised this does not restrict the
County’s useage on the property.
Mr.
Grace advised the staff will be back with a master plan for the property and
the Board will decide what uses they want on the property.
Motion
by Commissioner McLain, seconded by Commissioner Henley to adopt appropriate
Resolution #2001-R-139, as shown on page _______, for the implementation of the
Wekiva Global Compliance Agreement and complying with Policy 2.14.5 of the
Wekiva Global Compliance Agreement.
Districts
1, 2, 4 and 5 voted AYE.
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Planning Manager, Matt West, addressed the Board to present request from the Sheriff’s Office for the Board to pursue a Rave Ordinance.
Bill
Kennedy, Metro Services District 4/Sheriff’s Office, addressed the Board to
state the Sheriff’s Office believes it is appropriate for the County to have a
Rave Ordinance. He introduced Tesha
Faulkner from the Sheriff’s General Counsel’s Office who was also in
attendance.
Motion
by Commissioner Henley, seconded by Commissioner Maloy to direct the staff to
take the necessary steps to prepare and process for adoption a Rave
Ordinance.
Under
discussion, Commissioner Maloy requested staff run this by the First Amendment
organization that has assisted the County on the Adult Entertainment
regulations.
Commissioner
McLain stated he believes the Board needs to be very careful. He said he feels there is a lot of work to
do on this before the Board adopts an ordinance.
Attorney
Lee stated staff has met with the Orange County Attorney’s Office who developed
the rave ordinance for Orange County and the Orange County version is included
in the Agenda packet. He added that if
Seminole County adopts the same ordinance, then there will not be a migration
issue.
Commissioner
Morris stated he would like staff to also run this by the American Civil
Liberties Union.
Commissioner
Maloy stated he wants to see the updated version before it goes to public
hearing. Whereupon, Vice Chairman
Morris stated staff will come back with this item at a Briefing first prior to
scheduling a public hearing.
Districts
1, 2, 4 and 5 voted AYE.
Director
of Community Services, Phil Stalvey, addressed the Board to advise the Board
requested this briefing due to the increased concerns of citizens regarding the
County’s existing policy not to provide for a mosquito suppression program, for
nuisance abatement only, and the potential public health risks associated with
the West Nile Virus and other arborvirus diseases. He stated recently the staff has reviewed the risks and studied
the options. Nuisance abatement and
encephalitis are not new issues, but new concerns over the rapid movement of
the West Nile Virus and other increased arboviral activity, coupled with the
drastically-increased populations of adult mosquitoes, are justifying a
proactive and prevention-oriented approach to this public health issue. He advised the staff is recommending to
immediately start targeted ground adulticiding activities.
Motion
by Commissioner McLain, seconded by Commissioner Henley to authorize emergency
sole source procurement procedures and the Chairman to execute a Contract, as shown
on page _______, for 3,000 miles of targeted ground adulticiding for public and
private roads in unincorporated Seminole County in an amount not to exceed
$105,000 ($30,000 from emergency mosquito control already budgeted &
$75,000 from available budgeted County medical service funds); to authorize the
Chairman to execute the appropriate Budget Change Request; and to direct staff
at a later date to provide direction on developing a yearly mosquito
suppression program for nuisance abatement.
Under
discussion, Commissioner Henley stated he is in favor of going farther than the
motion because he is concerned that if a medical alert does come up, the virus
has already been active for a month.
Therefore, he said he would like to amend the motion to also
instruct staff to develop a medical alert plan to be mobilized immediately by
the Chairman, County Manager and Health Department staff based on identified
criteria.
Commissioner
McLain stated he will accept Commissioner Henley’s amendment as a
“friendly amendment” to his motion.
Commissioner
Henley stated he would hope that the municipalities become involved with the
County to develop the medical alert plan.
Upon
inquiry by Commissioner Morris, Mr. Stalvey advised he is recommending $150,000
for the medical alert, if needed, for aerial spraying. He also advised spraying could begin by the
end of this week.
Dr.
Jennifer Bencie, Health Department, addressed the Board to advise currently
there are 29 counties in the State under a medical alert, the closest is St.
Johns County. She explained to the
Board what triggers a medical alert and how the County is monitoring this
situation.
Mr.
Gaines, representing the Seminole County School Board, addressed the Board to
express the School Board’s appreciation for the action the BCC is taking at
this time. He said they have an
enormous amount of children outside for after school activities and this action
will help. He added that they are also
making contact with the municipalities in order to get them involved in
spraying as well.
Discussion
ensued with regard to bringing the municipalities into a comprehensive program
that would cover the entire County.
Upon
inquiry by Commissioner Morris, Attorney McMillan advised he believes under the
Charter, that the County has the authority to go into the cities to spray if
there is a county-wide alert.
Commissioner
McLain requested staff be prepared at the August 28, 2001 meeting to give the
Board an update regarding the strategy of a coordinated mosquito attack with
the Cities.
Upon
inquiry by Commissioner Henley, Mr. Stalvey advised they have just finished
filming (for SGTV) a program on the mosquito situation and that will be airing
as soon as possible.
Dr.
Bencie advised the Health Department has already been providing information to
the schools and churches.
Commissioner
Morris suggested the SGTV program include information on each cities’ mosquito
spraying program.
The
motion, as amended, was then voted upon and carried unanimously with Districts
1, 2, 4 and 5 voting AYE.
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Mr.
West requested direction with regard to the Comprehensive Plan Amendments that
were not heard by the LPA/P&Z due to a lack of a quorum at the August 1,
2001 meeting. The specific items not
heard were the Methods of Determining Minimum Lot Size/Family Subdivision
standards in Suburban Estates, Rural 3, Rural 5, and Rural 10; and the
Comprehensive Plan Element Updates (Vision 2020). In addition, the Clayton Large Scale Amendment was continued
until the meeting of September 5, 2001 due to issues regarding notice to
surrounding property owners. He stated
the Board has two options. They
are: schedule the three items for
hearing before the LPA on September 5, 2001 and the BCC will hold a transmittal
hearing on September 12, 2001; or defer further consideration on the two
administrative items until the next cycle.
He added that if the Board chooses the first option, the amount of time
available to respond to objections from the DCA will be very limited given that
there will be seven major amendments to the Comprehensive Plan in this
cycle. Letter from Southeast Seminole
County Voters Association President, Deborah Schafer, in opposition to the
Development Advisory Board’s proposal on the Minimum Lot Size was received and
filed.
Motion
by Commissioner McLain, seconded by Commissioner Maloy to postpone the two
administrative amendments (Vision 2020 & Methods for Determining Minimum
Lot Size/Family Subdivision standards in Suburban Estates) until the Spring
Cycle; and to leave the Clayton amendment up to the District Commissioner.
Under
discussion, Commissioner Morris stated the BCC moved to the Fall cycle, by a
vote of 3-2, both the Methods for Determining Minimum Lot Size and the Family
Subdivision Standards in Suburban Estates, Rural 3, 5 and 10. He said somehow this was restricted to only
one of the items before the P&Z and the Family Subdivision was
dropped. He questioned why the staff
did not take the action the Board requested.
Commissioner
Maloy stated it was his understanding that the Development Advisory Board (DAB)
no longer felt the Family Subdivision item was important.
Commissioner
Morris stated the BCC is the applicant and the BCC directed both items be
brought forward.
Commissioner
Maloy stated there seems to be a lot of confusion of what the BCC is moving
forward on the Rural 3, 5 and 10 zonings.
He said his main concern is helping the people who have trouble
obtaining a building permit because they do not fit the exact details of the zoning
category.
Commissioner
McLain stated that there has been talk that this will allow clustering and he
does not see that as something he would be in favor of.
Commissioner
Morris stated he cannot support this amendment because it plays into a double
request that is going to increase density from 2,000 to 4,000 in the rural zone
alone. He said this is totally contrary
to the County’s Vision 2020 plan that the Board is adopting at the same time. He added that he would prefer the Board deal
with the individual cases rather than opening this up for development of rural
lands.
Commissioner
McLain stated he believes the Board needs to move forward on this and have a
work session to discuss what the Board wants staff to bring back for the Spring
cycle. Discussion ensued.
Commissioner
Henley stated his concern is what is the Board moving forward. He said from what he is hearing today, the
Board feels that if a person has ten acres, he ought to be able to build a
house on it. However, from the standpoint
of what is being presented and what is moving forward, he has grave
concerns. He said he would hate to see
this go forward with some of the items that are in the amendment.
Commissioner
Maloy agreed that the issue is somewhat undefined and it would be better to
clarify it.
Commissioner
McLain stated the Board can agree to move it forward to the Spring cycle and
then schedule a work session to further define how the amendment will be
changed between now and the end of the year.
Commissioner
Henley suggested tabling this indefinitely and dealing with specific
scenarios. He said he is not interested
in moving forward on the DAB proposal.
Commissioner
McLain clarified his motion as follows: move the Methods for Determining Minimum Lots Size/Family
Subdivision Standards Amendment to the Spring cycle and direct the staff to
schedule a work session prior to October 30, 2001 in order for the Board to
instruct them specifically on what changes will be moved forward; and to move
Vision 2020 to the Spring cycle.
Districts
1 and 5 voted AYE.
Commissioner
Morris and Henley voted NAY.
Motion
by Commissioner Maloy, seconded by Commissioner Henley to direct that the
Clayton Amendment will be heard during this cycle; to direct that the DAB proposal
will be dropped and a work session will be scheduled prior to the Spring cycle
to look at specific scenarios relating to de minimis issues; and to direct that
Vision 2020 will be continued until the Spring cycle.
Under
discussion and upon inquiry by Commissioner McLain, Commissioner Maloy stated
that the motion does not include forwarding the Rural 3, 5 and 10 zoning
items. He further stated that the DAB
proposal will be dropped and de minimis issue alternatives will be discussed at
a work session before the Spring cycle.
Districts
1, 2, 4 and 5 voted AYE.
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The Board, thereupon, recessed at 12:10 p.m., reconvening at 1:33 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.
Motion
by Commissioner Henley, seconded by Commissioner Maloy, to accept the proofs of
publication for this meeting’s scheduled public hearings.
Districts
1, 2, 4, and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning a portion of the public right-of-way of Montgomery Parkway between Moton and Richard Allen Streets, Arthur Jackson, received and filed.
Shannon
Suffron, Planner, addressed the Board to present the request.
Arthur
Jackson, Applicant, addressed the Board to state his daughter wants to build a
home on the property. He said the
portion of the right-of-way does not serve a purpose and that is why they want
to close it. He thinks the County will
come out ahead as taxes will be paid and this will be a good thing for the
County.
No
one spoke in support or in opposition.
Motion
by Commissioner McLain, seconded by Commissioner Henley, to adopt appropriate
Resolution #2001-R-140, as show on page _______, vacating and abandoning a
portion of the public right-of-way of Montgomery Parkway between Moton and
Richard Allen Streets; as described in the proof of publication, Arthur
Jackson.
Districts
1, 2, 4, and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider approval for construction of a 1,308 square–foot dock and boathouse on property located at 6927 Sylvan Woods Drive of The Glades on Lake Sylvan, Albert Cichra Builders for Craig Ruskin, owner, received and filed.
J.V.
Torregrosa, Natural Resources Officer, addressed the Board to state the dock is
consistent in size with all the other docks in the area, and it meets the
setback requirements. This application
has been approved by the Florida Department of Environmental Protection.
No
one spoke in support or in opposition.
Motion
by Commissioner McLain, seconded by Commissioner Henley, to approve the
construction of a 1,308 square-foot dock and boathouse on property located at
6927 Sylvan Woods Drive of The Glades on Lake Sylvan; as described in the proof
of publication, Albert Cichra Builders for Craig Ruskin, owner.
Districts
1, 2, 4, and 5 voted AYE.
The following Communications and/or Reports were received and filed:
1. Copy of letter dated July 27, 2001, from J. Kevin
Grace, County Manager, to Dean Sprague, City Manager, City of Maitland,
Re: Kewannee Trail Property. (cc:
Board, County Attorney, Assistant County Attorney, Planning & Development
Director)
2. Copy of letter dated June 14, 2001, from
Deborah A. Schafer, President, Southeast Seminole County Voters Association,
Inc., to Commissioner Morris, Re:
Proposed Amendment to the Comprehensive Plan and Land Development Code
regarding minimum area for building lots.
(cc: Board, County Manager,
Planning & Development Director, and agencies as listed)
3. Letter to Chairman Richard Crotty, Orange
County Commission, and Chairman Dick Van Der Weide, Seminole County Commission,
from Michael and Deborah Alsup, expressing opposition to possible extension of
McCulloch Road across the Little Econ River at Rouse Road. (cc:
Board, County Manager, Public Works Director, County Engineer)
4. Letter dated July 27, 2001, from Ray
Valdes, Seminole County Tax Collector, to the Chairman, transmitting a copy of
the proposed Summary sheet of the 2001-02 Budget for the Office of the Seminole
County Tax Collector to the Florida Department of Revenue. (cc:
Board, County Manager, Fiscal Services Director)
5. Letter dated July 23, 2001, to the Chairman
from Waldemar Serrano, Special Assistant to the Governor, advising of opening
of the Governor's Central Florida Regional Office. (cc: Board, County
Manager)
6. E-mail from Sharon, Steve, Jonathan and
Suzanne Schaffer, residents of Regal Lane, regarding rezoning request for two
parcels of land adjacent to their community.
(cc: Board)
7. Letter dated July 25, 2001, from Kim Q.
Goehring, President, Home Builders Association of Mid Florida, transmitting
copy of Resolution approved by the HBA Board of Directors supporting continuation
of the seventh cent sales tax.
(cc: Board, County Manager,
Public Works)
8. Letter dated July 30, 2001, from Carolina
King, Corporate Manager, Human Resources, Cingular Wireless, Re: WARN Act Letter Regarding Layoffs in City of
Lake Mary. (cc: Board, County Manager, Human Resources,
Mayor Thomas C. Greene)
9. Letter (facsimile) from Julie Jacobus to
the Chairman, expressing opposition to proposed Amendment to the Comprehensive
Plan and Land Development Code regarding minimum area for building lots. (cc:
Board, County Manager, Planning & Development Director, Planning
Manager)
10. Memorandum
dated July 23, 2001, from Sandy Goard, Supervisor of Elections, to the
Chairman, Re: County Canvassing
Board. (cc: County Attorney)
11. Notice
of Public Hearing to be held by the City of Oviedo on August 6, 2001, to consider
Special Exception Permit No. 01-1141, to allow the use of the subject site for
a church and school in an Agricultural Zoning District. (cc:
Board, County Manager, Planning & Development Director, Planning
Manager)
12. Letter
dated July 19, 2001, from Marcia and Eugene Cowan opposing the McCullough Road
extension across the Econ River.
(cc: Board, County Manager,
Public Works, Engineering)
13. Copy
of letter dated July 24, 2001, from Cindy Hall, Director, Fiscal Services, to
Cindy Gennell, Chairman, CALNO, Re:
Distribution formula for the calendar year 2002 related to sharing the
six cents of local option gas tax levied within the County. (cc:
Board, County Manager)
14. Memorandum
dated July 24, 2001, from Cindy Hall, Fiscal Services Director, to the Board,
transmitting information regarding update of expenditures associated with court
appointed attorneys. (cc: Board, County Manager, County Attorney)
15. Memorandum
dated July 24, 2001, from Cindy Hall, Fiscal Services Director, to the Board
transmitting information requested at budget work sessions. (cc:
Board, County Manager)
16. Local
Government Monthly Mailer for August 2001, from the St. Johns River Water
Management District.
17. Memorandum
(facsimile) dated August 2, 2001, from Mary Kay Cariseo, Executive Director,
and Carol Bracy, Legislative, Florida Association of Counties, to County Commissioners,
County Administrators, County Attorneys, Re:
2001-2002 Policy Committee meetings/Board of Directors meetings. (cc:
County Lobbyists, Affiliate Presidents, FCF Circuit Riders)
18. Notice
from the Office of Criminal Justice Grants, Florida Department of Law Enforcement,
Re: Grant Number 01-CJ, 9K-06-69-01-011
advising that grant period is extended through February 14, 2002, and review of
contractual services agreement has been completed. (cc: Sheriff's Office,
Community Services)
19. Agenda
for the Oviedo City Council meeting of Monday, August 6, 2001. (cc:
Board, County Manager, Planning & Development)
20. Notice
of Public Hearing to be held by the City of Sanford Planning and Zoning
Commission on August 16, 2001, to consider rezoning from M-1 and A-1 (County)
to that of PD, Planned Development (City) on property located at 2770 Narcissus
Avenue. (cc: Board, County Manager, Planning & Development Director,
Planning Manager)
21. Notice
of Public Hearing to be held by the City of Sanford Planning and Zoning
Commission on August 16, 2001, to consider a request to rezone approximately 71
acres located at 2151 Celery Avenue from the Oasis PD (aka The Hamlet) to
Celery Plantation PD for the purpose of establishing a single family
subdivision with up to 325 lots.
(cc: Board, County Manager,
Planning & Development Director, Planning Manager)
22. Notice
of Public Hearings to be held by the City of Sanford Planning and Zoning
Commission on August 16, 2001, and the Sanford City Commission on August 27,
2001, regarding a change of land use designation for property (28.48 acres located
at 2900 Narcissus Boulevard) located adjacent to property owned by the
County. (cc: Board, County Manager, Planning & Development Director,
Planning Manager)
23. Memorandum
dated August 2, 2001, from Mary Kay Cariseo, Executive Director, Florida
Association of Counties, to County Commission Chairs, Re: Article V/Revision 7 with attached briefing
paper. (cc: Board, County Manager, County Attorney)
24. Monthly
Report for the month of July, 2001, from the Central Florida Sports Commission. (cc:
Board)
25. Letter
(facsimile) dated August 6, 2001, from Sarah and Michael Rotunno, advising of
complaint filed with Code Enforcement regarding the operation of their hauling
business. (cc: Board, County Manager, Code Enforcement)
26. Copy
of letter dated August 1, 2001, from Tim Jackson, to Harold Webb, Florida Department
of Transportation Re: SR 434 PD&E
Study. (cc: Board, Public Works)
27. Copy
of letter dated July 31, 2001, from Meloney Lung, Manager, Support Services, to
Cynthia Hamilton-Smith, Executive Director, GoldenRule Housing & Community
Development Corp., transmitting copy of Status Report of properties in response
to previous letter regarding donation of County-owned property. (cc:
Board, County Manager, B. Balagia, Principal Planner CDBG)
28. Copy
of memorandum dated August 1, 2001, from Kathryn J. Brown, Senior Planner-One
Stop Permitting, to Sandy McCann, County Records, listing items to be recorded
in Official Records. (cc: Board, County Manager, Environmental Services
Director)
29. Letter
dated July 29, 2001, from Robert F. Brosnan opposing request from the Ryland
Group for a change in zoning classification from Agriculture to PUD. (cc:
Board, County Manager, Planning & Development Director, Planning
Manager)
30. Letter
dated July 30, 2001, from Jean Michels opposing proposed Lake Jesup Woods
development. (cc: Board, County Manager, Planning &
Development Director, Planning Manager)
31. E-mail
dated July 29, 2001, from Art Ackerman to the Board Re: Cross Seminole Trail modification. (cc:
County Manager, Planning & Development Director, Planning Manager)
32. E-mail
dated July 31, 2001, from Cecil and Debra Livingston opposing Dean Alafaya
Connector Study. (cc: Board, County Manager, Planning & Development
Director, Planning Manager)
33. Copy
of letter dated July 31, 2001, from Robert F. Stonerock, Jr., to Commissioner
Grant Maloy opposing proposed change to the Comprehensive Plan and Land Use regarding
minimum area for building lots.
(cc: Board, County Manager,
Planning & Development Director, Planning Manager)
34. E-mails
from the following expressing opposition to the proposed change to the
Comprehensive Plan and Land Use regarding minimum area for building lots: Andrea Matton, Gerald Keane, James Carlson
Otero, Terri Miller, Dawn Roberts, Gary White, Tony Roman, Wayne Roth, and
Kathryn DiBernardo. (cc: Board, County Manager, Planning &
Development Director, Planning Manager)
35. Minutes
of the June 28, 2001 LYNX Central Florida Regional Transportation Authority
Board of Directors meeting.
36. Copy
of memorandum dated August 2, 2001, from Suzy Goldman, Library & Leisure
Services Director, to Kevin Grace, County Manager, and letter from Mr. Grace to
Brian Barton, Grants and Education Section, Florida Dept. of State, Re: 02S-63SC Seminole County Home/Seminole
County Museum Special Category Grant application - 2002. (cc:
Board)
37. Memorandum
dated August 3, 2001, from J. Kevin Grace, County Manager, to the Board of
County Commissioners, and attached memorandum from Sandy Goard, Supervisor of
Elections, to the County Manager, Re:
Supervisor of Elections Budget Proposal (FY 2001/02). (cc:
Cindy Hall, Fiscal Services Director)
38. Letter
dated July 30, 2001, from Jennifer D. McMurtray, Transportation and Wildlife
Ecology Coordinator, to the Board Re:
Preschool, Daycare, and Elementary School proposed within the Wekiva
River Protection Area; and attached copy of letter dated August 1 to the
Seminole County Planning and Zoning Board, Re:
DAB proposed changes to FLU Element of the Seminole County Comprehensive
Plan; Calculation of Net Buildable Area, Rural Density and Subdivision of
Land. (cc: Board, County Manager, Planning & Development Director,
Planning Manager)
39. Memorandum
from August 1, 2001, from J. Kevin Grace, County Manager, to the Board,
transmitting letter and attachments from Tony VanDerworp, Sanford City Manager,
Re: Conference Center. (cc:
Board)
40. Copy
of E-mail dated August 1, 2001, from David and Lori Pollock to Commissioner
Henley, Re: Maitland City Public Works
Yard. (cc: Board)
41. Letter
dated July 31, 2001, from Kirby B. Green, III, Executive Director, St. Johns
River Water Management District, to Governor Jeb Bush, transmitting the St.
Johns River Water Management District Fiscal Year 2001-2002 Standard Format
Tentative Budget, with attached copy of Budget. (cc: Board, County
Manager, Fiscal Services/letter only)
42. Letter
dated July 23, 2001, from Fred O. Dickinson, Chairman, Board of Directors,
Florida Motor Vehicle Theft Prevention Authority, transmitting a copy of the
2000 Annual Report of the Florida Motor Vehicle Theft Prevention
Authority. (cc: Board, County Manager/letter only)
43. Copy
of letter from Kenneth M. Roberts, Director, Department of Public Safety, to
Carol Bilz, Marilyn Ross, Alexandra Sumerlin, DVM, expressing appreciation for
recent donation to the Seminole County Animal Services Division.
44. Letter
and attachments dated August 8, 2001, from Byron W. Brooks, Executive Director,
LYNX, Central Florida Regional Transportation Authority, Re: Follow-up to LYNX's FY 2001-2002 Budget
Presentation. (cc: Board, LYNX Board of Directors, County
Manager, Budget Director, Principal Planner, Transportation Specialist, LYNX
Staff Directors)
45. Memorandum
dated June 1, 2001, from Charles Clark, Director, Division of State Fire
Marshal and John M. Ruddell, Director, Division of Waste Management, Re: Partnership to Properly Manage and Dispose
of Out-of-Date Visual Distress Signal Flares Generated by Recreational
Boaters. (cc: Board, County Manager, Environmental Services, Sheriff's Office,
Public Safety)
46. E-mails
and letters from the following opposing proposed amendment to the Seminole
County Comprehensive Plan changing the minimum building lot size: Rjames Reichard; Lee Voorhees, President,
Geneva Citizens Association; Andrea Holman; Deborah Schafer, President,
Southeast Seminole County Voters Association.
(cc: Board, County Manager,
Planning & Development Director, Planning Manager)
47. Letters
and e-mails from the following in opposition to proposed Large Scale Comprehensive
Plan Amendment/Arbor Lakes Apartments:
Scott L. Philpot, President, Stonehurst Community Association; Mark A
Crone, President, Stonehurst Development Corporation/letter; Mark Crone
(e-mail); Patrick M. Muldowney; Vincent M. Cassaro; Anne Didomenico; Dan and
Nadene Jackson; Fred Glavin.
(cc: Board, County Manager,
Planning & Development Director, Planning Manager)
48. Memorandum
(facsimile) and attachment, dated August 9, 2001, from Mary Kay Cariseo,
Executive Director, Florida Association of Counties, to All County Commissioners
and County Administrators transmitting Governor Jeb Bush's response to FAC
President's letter regarding Article V Trust Fund veto. (cc: Board, County Attorney, County Manager)
49. Revised Notice to Affected Property Owners
of Proposed Change of Zoning from R-1 to R-P of approximately .77 acres located
north side of CR 426 and on the west side of Oviedo Street to be heard by the
Oviedo City Council on September 5, 2001.
(cc: Board, County Manager, Planning
& Development Director, Planning Manager)
50. Letter
dated August 9, 2001, from David L. Burman, Community Association Manager, The
Crossings Master Community Association, Inc., Re: Mosquito Control Program.
(cc: Board, County Manager,
Community Services)
51.
Memorandum
dated August 7, 2001, from J. Kevin Grace, County Manager, to the Board of
County Commissioners, advising that Bob McMillan will be the Acting County Manager
on August 8 - 10, 2001, while he is out of town on County business. (cc:
Bob McMillan)
52. Letter
dated August 8, 2001, from John P. Saboor, Sr. Vice President, Central Florida
Sports Commission, to the Chairman, Re:
Ticketed events at Sylvan Lake Park.
(cc: Board, County Manager,
Library & Leisure Services, Parks and Recreation)
53. Notice
and Agenda of Regular Board meeting of the Seminole County Port Authority scheduled
for August 15, 2001, at 4:00 PM.
54. Agenda
and backup for the Sanford Airport Authority Board meeting for Monday, August
13, 2001.
55. Copies
of letters dated August 6, 2001, from Kenneth M. Roberts, Director, Public
Safety, to John Longhurst and Gayle Krumleuf expressing appreciation for recent
donation to the Seminole County Animal Services Division.
56. Minutes
of the Tourist Development Council meeting of July 12, 2001.
57. Newsletter
from the School Board of Seminole County.
58. Contracts
for Services, as shown on page _______, between Seminole County Parks and
Recreation and Peter Speroni, James Hancock, and Elizabeth White.
Vice Chairman Morris advised that Chairman Van Der Weide is away on personal business at this time; however, he has appointed Commissioners Maloy, Henley, and Morris to the Value Adjustment Board and a meeting is scheduled for this Friday, August 17, 2001.
Commissioner Maloy reported that the City of Oviedo is moving forward on their Downtown Mixed Use Master Plan. He said he has information that the Board can review.
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Commissioner Maloy said he received a letter yesterday from Byron Brooks, Lynx, who mentioned about contacting Mr. Grace concerning getting some additional help from the cities. He would like to meet with the County and municipalities to review the Lynx services. Mr. Brooks said he did this in Osceola County and it was very successful.
Commissioner
McLain said this sounds like it might be a good idea, but he thinks they might
want to get the study back before they meet with the cities and Lynx. Mr. Grace said he thinks so, too, because
there is so much unknown. He said they
could talk about the fact the cities need to step up more financially, and a
letter is going out under his signature regarding that.
Commissioner
Maloy stated his intention, as the Board looks at the budget more closely, is
that they continue with the ADA services.
He thinks that is $40,000 for next year. Mr. Grace said he thinks staff is coming up with a formula of
dollars to keep the status quo service in tact until they can implement any
changes. Whereupon, Commissioner Maloy
said the Board had talked about putting additional funds in for charities and
that might be a source of funds for disability services.
Commissioner
McLain discussed that Lynx did not have a procedure in place to make sure
people receiving those rides are qualified for them. He said the truly disabled who need these rides and services are
being reduced because of all the people who do not qualify. The staff need to make sure that the people
who need the rides get them.
-----
Commissioner
Maloy stated at the last budget session, the Board put in a policy for an
additional senior exemption on property tax, and said they would look at that
further. He said the Board never
received that information for this budget session. Whereupon, Mr. Grace said he would check with Cindy Hall, Fiscal
Services Director, and get the information to Commissioner Maloy.
-----
Vice Chairman Morris stated he would bring back a resolution for the August 28 meeting, if there were no objections, for the O-Force Academies of Information Technology kick-off event on August 29. There were no objections by the Board.
-----
Vice Chairman Morris stated he received a copy of the Alafaya Trail-Dean Road Corridor study and a public meeting is scheduled on August 22, 2001.
Commissioner
Maloy explained that part of the contract approval was to do one public
meeting. He advised that the study has
indicated preliminarily that it does not make sense to do an east-west connector
in this area. He understands that
County staff doesn’t want to move forward any further, but Orange County wants
to meet with the public to have public comments. Commissioner Maloy said he personally does not see a need for the
meeting and he has told the residents that.
He proposed sending a notice to Orange County that the Board does not
see a need for the connector and there is not a need for a public meeting, and
he would make this an official letter from the Board.
Vice
Chairman Morris stated the letter would come from the County Manager
representing the BCC.
-----
Vice
Chairman Morris advised of a meeting of the Florida Association of Counties and
Florida Chamber of Commerce Washington Fly-In to be held on September 20 and 21
and asked for approval to send a delegate or delegates. The Board had no objections.
-----
Motion
by Commissioner McLain, seconded by Commissioner Henley, to appoint Ettie Jane
Keogh to the Historical Commission to complete the term of Dr. Vann Parker
(deceased) and adopt appropriate Resolution #2001-R-141, as shown on page
_______, in appreciation of Dr. Parker’s services to be presented to his
family.
Districts
1, 2, 4, and 5 voted AYE.
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Commissioner
McLain advised of a code enforcement issue concerning a lien that missed the
deadline for today’s Agenda. This
involves an elderly couple that was sited and he said staff is present to
address the issue. Commissioner McLain
gave a brief history of the case. The
Agenda Memorandum was received and filed.
Debbi
Leigh, Code Enforcement, addressed the Board to state the Code Enforcement
Board has completed its actions on this case and the lien is in favor of the
County.
County
Attorney, Robert McMillan, advised the Board could deal with this issue at this
time.
Commissioner McLain said under the
circumstances, he would think the Board could remove the fine.
Motion by Commissioner McLain, seconded by Commissioner Henley, to
approve the request to waive the Code Enforcement Board lien on the property
located at 4278 SR 46 E., Geneva, FL, Case #99-85A-CEB, Jesse W. Johnson
(deceased) and Patricia R. Johnson; Satisfaction of Lien, as shown on page
_______.
Debbi Leigh, Code Enforcement, addressed the
Board to explain that the couple was confused and obtained a permit to construct
a house and not to demolish the house.
She said the lien was a little more than $13,000.
Districts 1, 2, 4, and 5 voted AYE.
Commissioner McLain reported that at the last Metroplan meeting the issue of light rail came back up and a vote was taken to move forward with additional studies. He said Congressman Mica agreed to provide $150,000 of the commuter rail money to assist in the study. He supported the motion. He stated the discussion came up earlier that the parties needed to be aware they would have to come up with a substantial amount of money and they don’t need to go through the study again if the people are not prepared to come up with the capital money necessary to complete the project. He said the amount of $8 million was discussed. Commissioner McLain said he made it clear that he was in no way committing Seminole County to providing funds for capital or operations.
-----
Vice
Chairman Morris advised that last week he went, with others, to New York on
behalf of the Board for bond ratings.
He reported that the meeting was very positive. He said Smith-Barney was very helpful and
knowledgeable. He stated the Moody
people were impressed with the County’s low debt and covenant ratios. What was most profound to them was the
planning this County does. Vice
Chairman Morris said they were proud to represent the Board because they had
such a great story to tell. The Moody
people were fascinated with how Seminole County government operates and makes
policy.
Mr.
Grace stated he would provide each Board member with a copy of the information
packet they gave at the meeting with Moody.
He said it would benefit the County to go up once a year and tell the
County’s story, whether the County is issuing bonds or not.
Mr. Grace advised that Parks and Recreation Manager Bob Chorvat will be retiring at the end of September after 21 years of service to the County.
-----
Mr. Grace requested the Board to approve what was proposed in the budget as well as the compensation level of 3% for cost-of-living and merit for 1% in order to implement those October 1.
Vice
Chairman Morris asked wouldn’t it be more proper to approve this under the
condition of a public hearing to see if this is what the Board is intending to do.
Commissioner
McLain said he is reluctant to approve this because of some of the other
outstanding issues.
Commissioner
Henley stated there were a number of other issues at the last budget work
session that had not been worked out.
Mr.
Grace said this was the same situation they had last year and it revolves
around the October 1 issue. He said the
Department Managers need to know how much money they have basically to allocate
to the employees.
Commissioner
Henley said the evaluations should not be tied to dollars, but to performance
given and standards expected. He said
the amount of money and salary is a separate issue. He said the managers don’t have to tell the employees how much
dollars are involved in a raise.
Commissioner
Maloy stated he did not have a problem with Mr. Grace’s recommendation, but
there seems to be some questions by the other Commissioners.
Vice
Chairman Morris suggested the Board wait on making a decision. Whereupon, Mr. Grace said the Board could do
that at the next meeting.
-----
Mr.
Grace said there are about 20 areas around the County with reports of the
Southern Pine Beetle. He said a lot is
occurring on the County’s natural lands and he has directed staff to draft a
contract to remove the infested trees as that is the only way to stop the
infestation. He stated some of the
trees could be used for timber purposes.
This will be brought back to the Board.
Upon
inquiry by Commissioner Maloy, Mr. Grace advised, to his knowledge, there have
not been a lot of requests from the private property owners on disposing their
trees.
-----
Vice Chairman Morris stated there are five items on tonight’s agenda and Item #64 is in Chairman Van Der Weide’s district, who will not be present. He asked if the Board would be hearing this item. Mr. Grace stated he had planned to bring the item before the Board. Following further discussion, Mr. Grace said he would have staff contact the applicant and see what he would like to do.
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The Board, thereupon, recessed at 2:27 p.m., reconvening at 7:05 p.m., this same date, with all Commissioners and other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request for an Appeal against the Board of Adjustment’s decision in
denying a rear yard setback variance from 30’ to 12’ for a pool cabana and a
front yard setback variance from 25’ to 0’ for a 5-foot high wall, Walter L.
Gilmore, received and filed.
Vice
Chairman Morris announced that Commissioner Van Der Weide is away on family
matters and will return sometime later this month.
Upon
inquiry by Commissioner McLain, Kevin Grace, County Manager, advised staff
spoke to Mr. Gilmore and he indicated that he is not interested in continuing
this item to the next meeting. He
stated Mr. Gilmore indicated that he would like to have his item heard this
evening.
Ginny
Markley, Principal Zoning Coordinator, addressed the Board to state in January
2001, Mr. Gilmore obtained a building permit to construct a pool cabana, which
is under 200 sq. ft. in size and 12 ft. in height and the setback requirement
for a structure of this size is 10 ft. from the rear property line. Mr. Gilmore now wishes to increase the size
of the structure to 484 sq. ft. and the increase necessitates a 30 ft. minimum
rear yard setback to a structure exceeding 200 sq. ft. The property is assigned Low Density Residential
land use and R-1AAA zoning classification requires a 10 ft. minimum rear yard
setback for accessory structures. The
minimum setback of 25 ft. from the front property line must be maintained for a
solid fence or wall in excess of 3 ft.
She stated Mr. John Riggle spoke in opposition to the request at the
Board of Adjustment (BOA) hearing, stating that he is opposed because it
appears that Mr. Gilmore is constructing a guest cottage that may be rented and
that would set a dangerous precedent.
Ms. Markley noted that a guest cottage within an R-1AAA zoning
classification would require granting a Special Exception.
Ms.
Markley stated the BOA denied the request based on the variance requested not
being the minimum variance that would make possible the reasonable use of the
land. In order to approve the variance,
the Board must determine that: (1)
Special conditions and circumstances exist, which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures,
or buildings in the same zoning classification; (2) The special conditions and
circumstances do not result from the actions of the applicant; (3) The granting
of the variance requested will not confer on the applicant any special
privilege that is denied by the Zoning Regulations; (4) A literal
interpretation of the provisions of the Zoning Regulations would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
classification and would work an unnecessary and undue hardship on the
applicant; (5) The variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure; and (6) The
granting of the variance will be in harmony with the general intent and purpose
of the Zoning Regulations and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
She stated staff concurs with the Board of Adjustment’s decision. Staff’s recommendation is based on the
following: (a) The special conditions
and circumstances are a result of the actions of the applicant. The current setback requirements were in
effect when the applicant constructed the existing pool cabana less than six
months ago; (b) A literal interpretation of the provisions of the Zoning
Regulations would not deprive the applicant of rights commonly enjoyed by other
properties in the same zoning classification and would not work an unnecessary
and undue hardship on the applicant.
The applicant is not being denied the use or enjoyment of his
property. Mr. Gilmore has currently
constructed a pool cabana that meets the minimum 10 ft. rear yard setback
requirement and retains a reasonable and beneficial use of his property. It was determined at the BOA meeting that
Mr. Gilmore did not need a setback variance for an open wrought iron fence with
supporting columns. Mr. Gilmore
indicated after that meeting that he might build a solid 5-ft. high wall. Mr. Gilmore also does not live on the
premises. Mr. Gilmore indicated that he
will lower the wall, and if that is the case, Recommendation C is not
necessary; and (c) The request for a front yard setback variance to 0 ft. in
lieu of 25 ft. for a 5-ft. high wall is not the minimum variance that would
make possible the reasonable use of the land, building, or structure. Mr. Gilmore can build a wrought iron or open
fence with masonry columns without the necessity of a variance. She stated staff recommends that the Board
deny the request by means of a development order.
Ms.
Markley pointed out on the map for Commissioner McLain what zoning is currently
on the surrounding properties.
Upon
inquiry by Commissioner Henley, Ms. Markley advised the original structure less
than 200 sq. ft. is already under construction.
Walter
Gilmore, appellant, addressed the Board to submit a booklet (received and
filed) containing amendments to the request and letters and a petition from
area residents supporting the request.
He stated he would like to amend the setback from 12 ft. to 15 ft. A privacy wall has been installed and
because of the large oak trees, he offset the line on his property.
Tim
Perry, Architect for Structural Design Services, addressed the Board to submit
a boundary survey, floor plan and a design of the facility. He stated he is proposing to do 4 or 5 ft.
tall columns and then an arch that swoops down to shorter columns and a
matching mailbox in front. He displayed
a partial design of the structure and he stated what he wants to do is cover
the front. He added a pool bathroom
will be installed with a changing room and storage. There are no windows on the back side of the facility.
Upon
inquiry by Commissioner Henley, Ms. Markley advised a variance is not necessary
for a structure that is less than 200 sq. ft.
Eric
Horner, 3129 Corrine Drive, addressed the Board to state he is employed as the
interior designer for this project. He
stated this pool cabana adds dramatically to the quality of this estate,
quality of this property and to the aesthetic value of Spring Valley
Association. This facility is being
built for its intent and not as a guest cottage.
Mr.
Perry explained for Commissioner McLain why this facility couldn’t be moved.
John
Bandy, 909 Spring Valley Road, addressed the Board to state he is the President
of Spring Valley Farms Association. He
stated the association has a committee consisting of three members, who serves
on a review committee, and they have the responsibility to review the plans of
a homeowner wanting to make a change to their property to see if it is in
accordance with the deed restrictions.
He said they have no objections to Mr. Gilmore’s request.
Commissioner
McLain asked if the Association would have any objections to other residents
coming in and requesting a variance since one was granted to another
resident. Whereupon, Mr. Bandy advised
he would have no objections if another resident wanted a variance.
Arthur
Grindle, 241 Live Oak Lane, addressed the Board to state he lives directly
across the street from Mr. Gilmore’s property.
He stated this property is about 30 years old and over that time it has
had very little maintenance and he is ecstatic that Mr. Gilmore is going to
improve the place. He said he would
like to see the facility finished as planned.
John
Riggle, 116 Water Oak Lane, addressed the Board to state he feels that this is
an intrusion on his lifestyle in the community. The Chairman of the Board of Adjustment asked why Mr. Gilmore
wanted to build this facility so far away from the pool. There is a tremendous amount of room near
the pool. There is no other structure
like this in Spring Valley. There is no
definition for a cabana. This is an
air-conditioned facility that is 480 sq. ft. with a bathroom and kitchen. He said he doesn’t feel that everyone in the
community has been informed as to what this structure will be.
Upon
inquiry by Commissioner McLain, Mr. Riggle advised he has no objections to a 10
x 20 shed at the back of the corner, but he doesn’t want a structure with a
kitchen, sink, etc. that can be lived in.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Upon
inquiry by Vice Chairman Morris, Ms. Markley advised Mr. Gilmore indicated that
he planted olive trees behind the proposed structure. She stated all the utilities should be placed underground.
Commissioner
Maloy stated he feels the Board can limit the height and specify that it not be
a guest cottage. He stated he recalls
the Board granting a variance for a garage and then it turned out that a
two-story garage was built and that was more obtrusive than imagined.
Vice
Chairman Morris stated the Board would not be able to place additional
requirements if the applicant goes with a straight 10x20 structure. He stated he would recommend that the issue
of the air conditioning and lighting be considered as well as planting one or
two canopy trees behind the lot. He
said he would also recommend a height limitation of the structure and that it
not be used as a guest cottage, the open space not to be enclosed, windows on
the back side of the house be opaque, and changing the setback from 12 to 15
ft.
Commissioner
Henley stated the problem he has is when the Board looks at the criteria used
to grant variances, he has a difficult time approving this because it is
created by the applicant and not by the lot.
Commissioner
McLain stated this facility is less than 200 ft. with air conditioning. A 9x11 room is hardly large enough to put a
full size bed in and he doesn’t see this as a guest cottage. It is basically a bathroom and changing
room.
Upon
inquiry by Commissioner McLain, Ms. Markley advised if the applicant wants to
build a 400 sq. ft. covered area, it would require a 30 ft. rear setback.
Motion by Commissioner Maloy, seconded by Commissioner McLain to overturn
the Board of Adjustment’s decision, thereby granting a rear yard setback
variance from 30’ to 15’ for a pool cabana and a front yard setback variance
from 25’ to 0’ for a 5-foot high wall, located on the north side of Live Oak
Lane, ¼ mile south of Spring Valley Road, ¼ mile west of Wymore Road, as
described in the proof of publication, Walter L. Gilmore, with the following
conditions: no lighting in the rear of
the structure; AC to be moved to the interior of the lot with sound proofing;
the approximate 200 ft. for the open air space would not be enclosed and it
will remain open; it will not be used as a guest cottage or mother-in-law
house; setback to be 15 ft.; limit of the building would be 400 sq. ft.; one
canopy tree planted at the back corner for additional buffering; height
limitation of 12 ft.; entryway center to be limited to 12 ft. radius, with the
driveway having two entrances; and the entryway feature would be a 12 ft.
radius with a 5 ft. maximum height with a step-down.
Upon
inquiry by Commissioner Henley, Commissioner Maloy advised the step-down will
be away from the drive.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Henley suggested that staff look closely at the location of the 200 ft. issues
to avoid something like this coming before the Board again.
At
the request of Attorney Ken Wright, the Board went out of order of the agenda
to hear Item #68.
REZONE/Ken Wright/NW 46 Ltd.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Rezone from C-2 (Retail Commercial) to PCD (Planned
Commercial Development); property described as a 55-acre parcel, located east
of Oregon Avenue, west of I-4, north of Bill Heard Chevrolet, Ken Wright/NW 46
Ltd., received and filed.
Cindy
Matheny, Planning, addressed the Board to advise the applicant is requesting
Preliminary PCD site plan approval in order to construct a mixed
office/commercial project. The
applicant is also requesting storage as an ancillary use within the
project. The site is within an area
designated as Commercial and it abuts Oregon Avenue, a collector road, and is
adjacent to existing commercial. She
stated staff feels the request is in compliance with the Goals, Objectives, and
Policies of the Comprehensive Plan related to the Commercial land use
designation; and is in compliance with the applicable provisions of the Land
Development Code related to PCD zoning district. Staff recommends approval of the request. The Local Planning Agency (LPA) recommended
approval subject to: (1) At the time of Final PCD Master Plan approval, the
applicant shall provide a rendering specifying the typical location and
dimensions of any proposed loading docks; (2) Amenities located within open
space areas shall be determined at the time of Final PCD Master Plan approval;
(3) Storage and similar uses may be a primary use in Buildings A, F, and G
only, and may be an ancillary use, e.g. office/showroom, elsewhere; (4) There
shall be no outside amplification of sound; (5) Lighting shall be limited to 20
ft. in height, including fixtures, and shall utilize cut-off/shoebox style
fixtures. Lighting shall not exceed 0.5
foot candles at the Oregon Avenue property line and at the north property line
adjacent to Building “J”; (6) The owner shall construct sidewalks within the
project to facilitate pedestrian movements.
Location of sidewalks shall be finalized at the time of Final PCD Master
Plan approval; (7) The internal sidewalk system shall be connected to the
sidewalk along Oregon Avenue; (8) No search lights may be utilized; (9) In the
event the actual mix of land uses and project square footage constructed on the
property exceeds the applicable DRI thresholds for multi-use developments, as
set forth in F.S. 380.0651, as amended, the applicant shall, prior to exceeding
such threshold, either: (a) obtain a binding letter from the Florida Dept. of
Community Affairs determining that the project is not required to undergo DRI
review; or (b) comply with the DRI permitting requirements of F.S. 380.06. Furthermore, material changes in the
projected land use mix may require reconsideration of concurrency vesting; and
(10) The project may utilize 5:1 side slopes provided the design is found
acceptable by Development Review staff at the time of Final PCD Master Plan review.
Attorney
Ken Wright, applicant, addressed the Board to display a Preliminary PCD Plan
(received and filed). He stated this
plan is a combination of a lot of discussion between himself, the District
Commissioner and staff. He said this is
a very upscale office showroom type park and there is a large natural buffer
along Oregon Avenue that will be left protected.
Gene
McKay, 4916 Fawn Ridge Place, addressed the Board to state he would like to
commend the Board for allowing development like this in the area. It is more beneficial for the area to have
development like this rather than a big box development. He stated the only concern he has is the
same concern he had when Bill Heard Chevrolet came in. They were supposed to limit their signage and
lighting and they still have shoebox lighting.
He said he has had problems with Bill Heard’s public address system
being too loud and he is glad staff has placed a stipulation in that there will
be no outside amplification. He added
Bill Heard also has a flashing sign as well.
Mr. Stephen Lee, Deputy County Attorney,
advised that the Code Board has made a determination that the banners flying
are covered by the code.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by Commissioner McLain, seconded by Commissioner Henley to
adopt Ordinance #2001-33, as shown on page ________, to approve rezoning to
PCD, property described as a 55-acre parcel, located east of Oregon Avenue,
west of I-4, north of Bill Heard Chevrolet, and approval of the Preliminary PCD
Master Plan and Development Order, as shown on page _______; as described in
the proof of publication, Ken Wright/NW 46 Ltd.
Districts
1, 2, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider request to approve an Amendment to the Loma Vista Developer’s Commitment Agreement and Final PUD Master Plan; property located on the west side of SR 426, approximately ½ mile north of Dean Road, Steve Joos, received and filed.
Amanda Smith, Planning, addressed the Board to advise the owner is requesting to amend the Loma Vista Developer’s Agreement to delete the requirement for a 6 ft. high masonry wall along the perimeter of the PUD and provide a 6 ft. high chain-link fence with a combination of shrubs and vines to create an opaque screen, as well as deleting some of the trail commitments. Staff feels that the applicant’s request to have a wall to create an opaque screen in lieu of a masonry wall, does not meet the intent of properly ensuring the compatibility, transitioning, and mitigation of impacts of uses to the adjacent parcels. There is no guarantee that the screening will be opaque without providing a masonry wall or landscaped earthen berm as required by the Land Development Code. The developer and Trails staff reached an agreement to allow the developer to contribute funds in lieu of trail construction and design as well as other amenities. It was agreed that the additional landscaping, irrigation, and amenities or funding of these items in the amount of $95,103.34 would be provided by the developer before receiving their last certificate of occupancy. The revised Developer’s Commitment Agreement does not address the funding the developer has committed to pay. The developer agreed to maintain the Cross Seminole Trail where it is adjacent to their property. The Trails staff prefers that the developer provide funds equal to the cost of trail maintenance on the trail segment for the next 10 years in a single payment. If the developer wishes to maintain the trail to a higher standard than the County currently provides, an agreement would have to be reached between the developer and the County to control the maintenance of that trail. Staff does not recommend approval of the changes, however, if the Board approves the proposed agreement, staff recommends the following commitments prior to certificate of occupancy or by November 1, 2002, whichever comes first: (1) The developer will pay $95,103.34 to the County for landscaping, irrigation, and amenities for the trail; and (2) The developer shall pay in one lump sum an amount equal for ten (10) years of trail maintenance for that portion of the Cross Seminole Trail within the PUD boundaries.
Upon inquiry by Commissioner Maloy, Ms. Smith advised she believes the developer has paid in excess of $141,000 thus far.
Kevin Johnson, Trails Planner, addressed the Board to state the developer has committed to funding the design construction of the trail as well as replacing a historic storage structure and then providing amenities, landscaping and irrigation. He stated the developer has paid for the design construction of the trail as well as the historic structure. The County agreed to allow them to pay for the remaining balance prior to their last certificate of occupancy.
Upon inquiry by Commissioner Maloy, Mr. Johnson advised there were other situations where a developer was required to build a trail. Some of those were Bill Heard Chevrolet, Seminole Pointe Apartments, and Oregon Trace. He said he believes most of them paid for the bulk of the trail construction and some have agreements to maintain the trail.
Commissioner McLain asked if the developer is asking to be relieved of the responsibility of paying the $95,000 since they want to change the masonry wall to a chain-link fence.
Ms. Smith stated the revised developer’s commitment agreement is silent to the commitment that was made with staff.
Scott Culp, Director of Development for Sandspur Housing, addressed the Board to state this document comes down to two issues. One deals with a portion of the perimeter of the PUD that has a commitment in the Developer’s Commitment Agreement for a masonry wall. He stated he is requesting a revision to that as he feels that will be more aesthetically pleasing. He stated he would like to have Steve Joos, Landscape Architect, to review the revision.
Commissioner McLain stated he doesn’t have any minutes or discussions of the original approval as to why there was a voluntary commitment and how they came up with the fact with what impacts this had on the decision. He stated he doesn’t have enough information to make a decision. He said those decisions were made based on the testimony of the citizens who spoke at the public hearing. He added he has concerns that the applicant is now coming back asking that those requirements be removed.
Mr. Culp stated he would have no problem delaying this item in order to give the Board time to obtain the documentation from the other meeting.
Commissioner Henley stated he has the same concerns as Commissioner McLain. He stated these conditions were set after a public hearing and the question he has is what has changed from then to now that would make those issues agreed upon no longer acceptable.
Mr. Culp stated the applicant was not aware of the majority of the commitments until the night of the public hearing and at that time they had a deadline, under the criteria of the tax-exempt bond financing, to require them to have their approvals in place by a certain time period. Any delays in bringing that item forward would have lost the opportunity for Seminole County to receive the tax-exempt bond allocations for affordable housing in this location. He added he didn’t have adequate opportunity to evaluate all of the costs that would be incurred with regard to the trail.
District Commissioner Maloy stated he feels there are a number of issues that need reviewed and he has no problem continuing this item.
No one spoke in support or in opposition.
Speaker Request Form was received and filed.
Motion by Commissioner Maloy, seconded by Commissioner Henley to continue to September 11, 2001 at 1:30 p.m., or as soon thereafter as possible, request to approve an Amendment to the Loma Vista Developer’s Commitment Agreement and Final PUD Master Plan; property located on the west side of SR 426, approximately ½ mile north of Dean Road, as described in the proof of publication, Steve Joos.
Under discussion, Commissioner Henley stated he would like to see the minutes of the original approval meeting, whereupon, Mr. Grace advised he will make sure that the Board receives them.
Districts 1, 2, 4 and 5 voted AYE.
Vice Chairman Morris recessed the meeting at 8:35 p.m., reconvening at 8:50 p.m., with all Commissioners being present.
REZONE/Dawolf Corp./Claude Cassagnol
Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling District); property described as approximately 4.96 acres, located at the northwest corner of Wayside Drive and Henderson Lane, south of SR 46, Dawolf Corp., Claude L. Cassagnol, P.E., received and filed.
Dick Thomas, Planning, addressed the Board to state the applicant has agreed to amend their request to R-1AAA. Therefore, staff recommends approval of the request.
Gary Cowden, 429 Kimberly Ct., addressed the Board to state since the applicant has changed the request to R-1AAA, he has no problems with it.
Vice Chairman Morris read comments sheets from Mary Pope, Robert Weathers, Belinda Dozier, Jane Weinstein, Kermit Hunnicutt, and Candace & Nancy Tron opposing the request.
No one else spoke in support or in opposition.
Speaker Request and Written Comments Forms were received and filed.
District Commissioner McLain stated he feels that R-1AAA would be compatible with the area and he is happy to see the applicant changing his request.
Motion by Commissioner McLain, seconded by Commissioner Henley to adopt Ordinance #2001-34, as shown on page _________, approving rezone to R-1AAA; property described as approximately 4.96 acres, located at the northwest corner of Wayside Drive and Henderson Lane, south of SR 46, as described in the proof of publication, Dawolf Corp., Claude L. Cassagnol, P.E.
Districts 1, 2, 4 and 5 voted AYE.
PLAN AMENDMENT/REZONE/Dwight Saathoff
Proof of publication, as shown on page _______, calling for a public hearing to consider Comprehensive Plan Amendment from Low Density Residential to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property described as 19 acres, located west of Tuskawilla Road, 2000 ft. south of Red Bug Lake Road, south of Howell Creek, Dwight Saathoff, received and filed.
Ms. Matheny stated staff finds that the proposed Plan Amendment is: (1) Consistent with Plan policies related to the Planned Development land use designation; (2) Consistent with adjacent Low Density Residential and High Density Residential land use designations; (3) An appropriate transitional use at this location; and (4) Consistent with Plan policies identified at this time. Staff also feels that the Rezone request is in compliance with the applicable provisions of the Comprehensive Plan and Land Development Code relating to PUD zoning, and the request, as proposed, would be compatible with surrounding development. She added staff recommends approval of the request subject to: (1) The site meeting the active/passive buffer requirements of the Land Development Code, including setbacks and the provision of landscaping and walls, wherever the site abuts properties designated as Low Density Residential land use; (2) The owner shall install a northbound left turn lane at the first median opening north of the proposed site entrance; (3) Approval of the plan is subject to the development standards enumerated on the approved site plan, attached to the Development Order as “Exhibit B”, including (a) Buildings shall be a maximum of two stories and 35 ft. in height; (b) The maximum number of units shall be 220 with a net density of 12 dwelling units per acre. Ms. Matheny stated the applicant has indicated that they would like approval of 226 units instead of 220 as listed; and (c) On-site recreation shall, at a minimum, consist of a tot lot, pool, tennis court, and pond developed as an amenity with a fountain; (4) Pole-mounted lighting shall be a maximum of 20 ft. in height, including fixtures, and shall be cut-off shoebox type fixtures; and (5) The apartments shall be standard multi-family units and shall not be developed as student housing apartments.
At the request of Commissioner McLain, Ms. Matheny indicated on the map what the existing development is on the surrounding properties.
Ms. Matheny explained for Commissioner Maloy how this request is consistent with the Comprehensive Plan Policies.
Upon inquiry by Commissioner Maloy, Ms. Matheny advised staff does a preliminary preview of potential traffic generation to determine the types of improvements that could be needed, but staff projects that 6½ or 7 trips per unit is about 1500 to 1600 trips per day. She stated without a traffic study, staff would inform the applicant that they would be responsible for any turn lanes. Staff does not recommend a traffic study at this point, but if this is approved at the final PUD stage, staff would require more detailed information.
Ms. Matheny reviewed for Commissioner Maloy the calendar of events that this plan amendment will go through.
Commissioner Henley stated Planning & Zoning (P&Z) Commission member Mr. Tremel indicated that the reason he voted against the motion is the land use amendment is in conflict with the future land use Policy 2.10.0.
Ms. Matheny stated Mr. Tremel was referring to the lot compatibility ordinance and that is a tool that staff uses to determine compatibility within a low density residential land use designation. The applicant is looking to change the land use from Low Density Residential to Planned Development, therefore, the lot compatibility ordinance will not be used by staff and will not be considered applicable or valid in this case.
Upon inquiry by Vice Chairman Morris, Ms. Matheny advised since it is low density residential it would be three to four units per acre. Discussion ensued.
Commissioner Morris stated the one issue that strikes him is the number of trips that this will generate and the lack of a median cut where it enters into Tuskawilla Road. This will lead to a series of U-turns and traffic will have a significant movement to the south toward Red Bug Road and the public schools to the north as well as Winter Springs Town Center. He stated without a median cut in those turns, it would require a significant amount of U-turns and he is trying to figure out how they are going to keep all of these U-turns from occurring during the peak hours.
Mr. Thomas stated 220 units at 6.7 trips per day would generate 1,474 trips, but 220 single-family homes would generate 2,200 trips. Discussion ensued.
Dwight Saathoff, Akerman Senterfitt & Eidson, addressed the Board to explain how this site was selected and how they approached the development plan for the site. He submitted two aerial maps showing the proposed site. He said there were discussions at the Planning and Zoning meeting relating to potential safety problems of not having a median cut directly across from the main access point of the project. A traffic study will determine where the trips are going to go. Tuskawilla Road was widened from two to six lanes in 1997 and the level of service is A. It is projected that it will go to level of service B at the end of the 20-year period. He stated when he selected a site, he was looking for one that is near a major commercialized intersection, near a significant employment center and has reasonable access to a significant highway. He reviewed on the aerial the existing development surrounding the site. There will be a significant setback in the front before the buildings are built. He reviewed the key components of their plan. He stated this plan is environmentally sensitive with a 53% impervious area, the 25% open space requirement will be exceeded and there will be nominal wetland impacts. This parcel is a classic definition of infill parcel with adequate facilities.
Bill Fisher, 1505 Hunters Mill Place, addressed the Board to state Stonehurst is located immediately across the street. He stated one family in Stonehurst indicated that they would move if this request were approved. The proposed request would be incompatible with the development in the area and create a domino effect. The proposed development calls for a total of 226 units. He stated the Board’s decision is of great importance to him, as it will have far reaching impact to everyone.
Dana Emberton, 1513 Hunter Mills Place, addressed the Board to state the main issue to be considered is safety. Another issue is there is no good route to I-4 from his neighborhood. The median cut would do nothing but create more of a traffic safety problem because there will be discourteous drivers that will not let them in and out of the apartment. There is another school (Tuskawilla Middle) that is very close to this neighborhood and it is very crowded. Adding another apartment complex would create a significant amount of traffic for dropping and picking up kids from school.
Stephen Georgian, 1509 Hunters Mill Place, addressed the Board to speak in opposition and to submit a map (received and filed) of the zoning compatibility analysis in the area. He reviewed same as outlined on the map.
George Yeh, 4508 Old Carriage Trail, addressed the Board to state he teaches at the University of Central Florida. He displayed information (not received and filed) of hydrology and environmental impacts. He displayed and reviewed some key points relating to why the Board should deny the request.
Michelle Hicks, 4670 Tiffany Woods Circle, addressed the Board to indicate on the map where her subdivision is located. She stated her concern is the safety of the students, as this will affect Red Bug Middle School.
Thomas Alley, 1108 Cardinal Creek Place, addressed the Board to state he is the Vice President of the Cardinal Creek Homeowner’s Association and he is speaking on behalf of that association. He stated Cardinal Creek HOA feel that the current plan of 4 units per acre is sufficient and any increase in density violates the goals of an already approved Comprehensive Plan. He said some issues were brought up this evening that were new issues and it would be nice if the homeowners associations would be included prior to arriving here and being surprised. He said the current plan works for this area and they want to keep it that way. The P&Z unanimously recommended denial of this amendment and the applicant has not done anything to enhance the proposal. He questioned why have more apartments when Willow Springs recently expanded its capacity, and Shadow Creek Apartments were just completed as well as Summer Club Apartments on Slavia Road.
Mark Trolice, 4520 Old Carriage Trail, addressed the Board to state his points have been covered and he would request the Board to deny same.
Andrea Trolice, 4520 Old Carriage Trail, addressed the Board to speak in regard to the traffic issue. She stated the issue that has not been made is the fact that the residents traveling north will have to make a U-turn and cross over 3 lanes of traffic in about 100 ft. in order to enter their complex. She requested the Board to deny the request.
Michelle Hartog, 1528 Hunters Mill Place, addressed the Board to state the Board needs to keep focused on what is being planned and the Comp Plan needs to be maintained. She requested the Board to deny the request and stick with the Comp Plan that is in place at this time.
Patrick Beatty, 4528 Old Carriage Trail, addressed the Board to state he moved here 8 months ago from Houston and the key issue of buying his property was the land use.
Jack Sedlak, 4649 Tiffany Woods Circle, addressed the Board to state he lives next to Tuskawilla Middle School and the real issue is how the traffic will impact the high school and middle school in this area. He stated he feels these apartments are not needed since there are empty apartments all around this area.
Pat Muldowney, 1112 Cardinal Creek Place, addressed the Board to state he has lived in Cardinal Creek for 6½ years and he has seen how the development along Tuskawilla Road and other areas have impacted this area. He stated his daughter attends Red Bug Elementary School and it is extremely crowded. He asked the Board not to approve the request and go along with the P&Z’s recommendations.
Nadene Jackson, 1164 Cardinal Creek Place, addressed the Board to comment on the Comprehensive Plan. She stated the traffic going south from Lake Howell School will back up almost 2/3’s of the way. In order to get out of Harbor Lakes, you will have to go right and make a U-turn to Red Bug Elementary School to the shopping area.
Bob Buno, 2665 Tiffany Woods Circle, addressed the Board to state there are 41 apartments within an 8-mile radius in this area. He reviewed the number of apartments within a 5-mile (27) and 3-mile (18) radius.
Dan Jackson addressed the Board to speak in opposition.
Vice Chairman Morris read written comments from Dan Jackson, Jerline Cascio, Chris Cascio, Michael Stoddard, Dennis Tillman, Thomas Borko, Kevin Beach, Cindy Holt and Adam Yeh opposing the request.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Mr. Saathoff displayed a picture (received and filed) of the style of buildings that they are proposing to do. He stated this is a transmittal hearing and the final meeting will be held in December. A traffic study will be done for staff to analyze at a later time. He said there are homes that won’t look as nice as this development. He added he would like to meet with the residents to see if he can work with them on the design issues.
Commissioner Maloy stated he had the Traffic Engineer do some preliminary numbers relative to traffic concerns and his opinion is the impact would be minimal or negligible.
Commissioner Henley stated there are several areas throughout the County that are impacted and he would like to see where the bottlenecks are during the peak times.
Mr. Saathoff stated he can work with staff in resolving those issues. Discussion ensued between the Board and staff relating to transmitting this to DCA for a decision on compatibility.
Vice Chairman Morris stated Mr. Saathoff was told by staff not to do a traffic study. He said the issue here is, from a compatibility basis, an increased usage from two to three times the amount of traffic as well as the safety issue.
Commissioner McLain stated he feels the issue is staff told the applicant that they are not concerned about traffic based on the level of service. He stated staff had concerns when a traffic study was developed to justify that the concerns were unfounded.
Matt West, Planning Manager, addressed the Board to state this is a legislative decision and it is not quasi Judicial. The burden of proof isn’t on the staff or the Board to have competent substantial evidence to deny this. This is a policy decision. The Board can deny if they feel this isn’t appropriate for buffering and transitioning and a traffic study is not needed to back up the Board. Discussion ensued.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received.
District Commissioner Maloy stated normally he is opposed to these types of apartments, but most of the time they are directly next door to single-family homes. He stated he tends to agree with what staff has presented relating to compatibility. However he does have concerns with the traffic and some of the architectural design guidelines, which he would like to see addressed as this process moves forward.
Motion by Commissioner Maloy, seconded by Commissioner McLain to transmit to the Department of Community Affairs Plan Amendment from Low Density Residential to Planned Development for property located west of Tuskawilla Road, 2000 feet south of Red Bug Lake Road, and south of Howell Creek (19 acres), as described in the proof of publication, Dwight Saathoff, with staff recommendations, as submitted.
Under discussion, Commissioner McLain stated as far as a traffic study is concerned, the Board can place a condition that the traffic study would be provided upon receiving the transmittal from DCA so that if the DCA has any objections to the amendment, the Board can make a final decision as to how it will affect the traffic in the community. He stated he would like to make this a condition to the motion.
Commissioner Maloy agreed and stated he would like to see the architectural design guidelines and site plan issues fully explored before it comes back to the Board. He stated those issues will be included in the motion.
Commissioner Henley stated he feels that Mr. Saathoff should be commended for his efforts in trying to make this acceptable to the community, to staff and the Board. It is aesthetically pleasing, but he feels the development should be placed in another area. He stated he feels the impact will be significant in this area and the Board doesn’t need to continue to compound the problems in the area. Therefore, he is not willing to move forward with this request at this time.
Vice Chairman Morris stated he has concerns with the traffic and the fundamental issues. He reviewed the different zonings in the area. He stated the road is not a barrier. It is not a barrier unless the County changes their rules to allow median cuts because of the design speeds of the road. The other thing that concerns him is the outparcel of what would be considered to the north or south of this entranceway, which is being used for conditional uses. When you have this intensity of use, he is not sure that conditional use goes away. He stated you will have that intensifying pressure on these other “infill parcels” to go to commercial and that is the problem he has with this. Therefore, he won’t be supporting the motion.
Commissioner McLain stated he will withdraw his second.
Motion by Commissioner Maloy, seconded by Commissioner McLain to not transmit to the Department of Community Affairs Plan Amendment from Low Density Residential to Planned Development for property located west of Tuskawilla Road, 2000 feet south of Red Bug Lake Road, and south of Howell Creek (19 acres), as described in the proof of publication, Dwight Saathoff.
Districts 1, 2, 4 and 5 voted AYE.
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There being no further business to come before the Board, the Vice Chairman declared the meeting adjourned at 10:55 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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