1989-01-09 BCC Meeting Minutes

Transcription

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January 9, 1989 Page 583
MEETING OPENED
The Board of County Commissioners met in commission Chambers on the
First Floor, Orange County Administration Center, on Monday, January
9,
1989.
Chair
Tom Dorman,
Vice-Chair Hal
Marston, and
Commissioners Vera Carter, Linda Chapin, and Bill Donegan were
present.
Also present were Assistant County Administrator Phil
Brown, Comptroller Martha O. Haynie, County Attorney Harry A.
stewart, and Deputy Clerk Mary Jo Garrison.
There being a quorum,
the Chair called the meeting to order at 9:00 a.m.
COUNTY COMPTROLLER/CONSENT AGENDA
upon a motion by Commissioner Chapin, seconded by Commissioner
Carter, and carried with all commissioners present and voting AYE by
voice vote, the Board approved the county comptroller's Consent
Agenda as follows:
Administrative/Fiscal
1. #A89-025
1989.
- Requisition of the Sheriff for the month of February
Payment
in the first week of. February of the Sheriff's
requisition in the amount of $3,546,242, representing one
twelfth of their annual budget for fiscal year 1988-89.
2. #A89-026
Tri-County
January 1989.
Transit
Operating
Payment in the amount of $350,421
representing
one-twelfth of fiscal
expenses.
Subsidy
Payment
to Tri-County Transit,
year 1988-89 operating
Clerk to the Board of County Commissioners
1. Accepted for filing in official records the minutes of
following Board of County Commissioners meetings:
the
November 14, 1988
December 5, 1988
WARRANTS AND VOUCHERS
Upon a motion duly made and seconded with all commissioners present
and voting AYE by voice vote, the Board approved the following
totals for warrants and vouchers, having been certified that same
had not been drawn on over-expended accounts:
Regular Board water & Wastewater Water & Wastewater
Total:
Total:
Total: $8,664,820.58
$18,088.01
785.20
ADMINISTRATIVE AND COMMUNITY SERVICES DIVISION CONSENT REPORT
Upon a motion by Commissioner carter, seconded by Commissioner
Marston, and carried with all commissioners present and voting AYE
by voice vote, the Board approved the Administrative and Community
services Division Consent Report as follows:
January 9, 1989
Page 584
Department of Community Affairs
Emergency Community Services Homeless Grant Program (ECSHGP) Award
Agreement between the State of Florida Department of Community
Affairs and Orange County, to include execution by the Chair, in the
amount of $30,100 between the State of Florida Department of
Community
Affairs and Orange County from February 1 through
September 30, 1989, Signature Authorization Form and Application
Submission Form. The funds will be used in coordination with the
Coalition for the Homeless to provide counseling, case management,
energy assistance, transportation, transitional services, and other
social services for 40 families.
Office of Community Development and Housing Assistance
Condemned Property Exchange Request
On October 19, 1987 the Board authorized staff to exchange Orange
County personal property (residential structure valued at $10,800)
for Mose and Josephine Howard's condemned property (valued at
$9,500) which were to be exchanged with the former County property
being rehabilitated and improved to meet all code requirements.
Approval to proceed with another property owner, since staff was
unable to reach a final resolution with the Howard family.
Baker's Property (appraised value - $8,000):
Lots 98 and 99 Clarksville, according to the plat there
of as recorded in Plat Book F, Page 104, Public Records
of Orange County, Florida.
Orange County
$10,800):
Personal
Property
(appraised
value
Lot 5, Lake Jewell Heights unit Two, according to the
plat thereof as recorded in P~at Book 3, Page 28, Public
Records of Orange County, Florida.
ADMINISTRATIVE AND COMMUNITY SERVICES DISCUSSION REPORT
Private Industry Council (PIC)
Services
Director Jessie Allen
Administrative
and Community
addressed the Board concerning a request by the Private Industry
Council
(PIC) for reimbursement of $114,000; however, with interest
the amount totals $124,983.59 in JTPA grant funds held by the
County.
The Board and staff discussed
funds.
the proper disposition of
the grant
Upon a motion by commissioner chapin, seconded by Commissioner
Carter, and carried wiVh Commissioners chapin, Carter, Dorman, and
Donegan voting AYE by voice vote; commissioner Marston voted NO: the
Board authorized reimbursement of $124,983.59 in JTPA funds to the
Private Industry Council.
January 9, 1989
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PUBLIC UTILITIES DIVISION CONSENT REPORT
Upon a motion by commissioner Dorman, seconded by Commissioner
Chapin, and carried with all commissioners present and voting AYE by
voice vote, the Board approved the Public Utilities Division Consent
Report as follows:
President's Drive Sew~~ System Improvements - Directors Row Section
- Traffic Maintenance Plan
The President's Drive Sewer System Improvements, located in Orlando
Central Park, involve construction of 60 feet of 36-inch reinforced
concrete sewer pipe and a manhole along President's Drive. Bypass
pumping of existing wastewater flow will require the closing of a
100-foot section of Director's Row.
Traffic Maintenance Plan prepared by a Florida-registered engineer,
consisting of closing a section of Director's Rowand detouring
traffic via alternate routes; and construction to begin Jan~ary 16,
1989, with completion on February 15, 1989.
ZONING DIRECTOR'S CONSENT REPORT
Upon a motion by Commissioner Chapin, seconded by commissioner
by voice vote, the Board approved the zoning Director's consent
Report as follows:
Request by Custom Quality Homes to construct one (1) model home
within the Palm Cove Subdivision (formerly known as Spring Run)
prior
to recording of its plat, subject to non-1ssuance of
Certificate of Occupancy until a Certificate of Completion is issued
for the subdivision; and further,
all construction being at the
developer's own risk.
District #1.
ZONING DIRECTORS DISCUSSION ITEM
Board
of Zoning Adjustment Recommendations and
Review - January 5,
llJt2.
Zoning Director Sharon Smith presented for Board consideration the
recommendations of the Orange County Board of Zoning Adjustment and
Review under the date of January 5, 1989.
Upon a motion by Commissioner carter, seconded by commissioner
Chapin, and c~rried with all commissioners present and voting AYE by
voice vote, the Board approved the recommendations of the Orange
County Board of Zoning Adjustment under the date of January 5, 1989,
with the exception of Item Nos. 5, 6, 9, 13, and 23, subject to the
usual right of appeal by any aggrieved parties; and further,
authorized scheduling public hearings on Item No. 5 in the name of
Arthur G. Blain; Item No.6 in the name of Herscho Builders, Inc.;
Item No. 9 in the name of Lenroy S. Hastings; Item No. 13 in the
name of Albert L. Frank; and Item No. 23 in th$ name of Hike Enoch.
January 9, 1989
Page 585
ZONING APPEALS - PUBLIC HEARINGS SET
Roy T. Dye, "Sand and Lake Point P-D,II
P&Z Public Hearing Cont. #6, December
15, 1988, request to amend the Sand
Lake Point P-D to convert IIfuture
development parcel" to single family
residential.
District #1
Edna Behr, BZA Public Hearing #17,
January 5, 1989, request for variance
in R-1AA zone to erect a pool enclosure
7.5 ft. from common property line in lieu of 25 ft. District #1
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1/30/89
3:05 p.m.
2/13/89
2:15 p.m. NON AGENDA - ANITA BALL
Upon a motion by Commissioner chapin, seconded by Commissioner Carter
and carried with all commissioners present and voting AYE by voic
vote, the Board authorized a waiver of a zoning request by Anita Ball
NON AGENDA - ADVISORY BOARD
Upon a motion by Commissioner Chapin, seconded by Commission Carter
and carried with all commissioners present and voting AYE by voie
vote, the Board reappointed Gary Russell to the Board of Zonin
Adjustment Advisory Board for a term of three years.
Upon a motion by commissioner Marston, seconded by commissione
Chapin, and carried with all commissioners present and voting AYE b
voice vote, the Board reappointed James Don Phillips to the Plannin
and Zoning Commission Advisory Board for a term of two years.
PUBLIC WORKS - CONSENT REPORT
Upon a motion by commissioner Marston, seconded by commissione
Dorman, and carried with all commissioners present and voting AYE b
voice vote, the Board approved the public Works Consent Report a
follows:
1. Right-of-Way Utilization Permits are on file in the Office
Clerk to the Board of County Commissioners
of
2. Conway Place - Performance Bonding
Acceptance of Letter of Credit #15092 in the amount of $38,000
which serves as guarantee that the developer will complete all
improvements in the subject project by March 20, 1989.
3. Traffic Signalization Agreement
Approval to enter into an agreement for the synchronization of
railroad
grade crossing traffic
control devices at
the
intersection of S.R. 500 and C.R.
437, requiring Orange county
to maintain the Florida Department of Transportation portion of
the synchronized traffic signal system between Florida Central
Railroad Company, Inc.,
junction box and the traffic signal
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PUBLIC WORKS - DISCUSSION REPORT
Keller Road
Public Works and Development Director Tom Hastings addressed the
Board concerning staff recommendation to give transportation impact
fee credits for costs related to the subsoil condition of a
potential sinkhole discovered during the paving of Keller Road from
Kennedy Boulevard to Maitland summit.
Upon a motion by Commissioner Dorman, seconded by Commissioner
Marston, and carried with commissioners Dorman, Marston, Chapin, and
Carter voting AYE by voice vote; commissioner Donegan voted NO; the
Board accepted staff recommendation to allow transportation impact
tee credits for costs related to the subsoil condition ot the
Maitland summit project.
COUNTY ADMINISTRATOR CONSENT REPORT
Upon a motion by Commissioner Marston, seconded by Commissioner
Carter, and carried with all commissioners present and voting AYB by
voice vote, the Board approved the county Administrator's Consent
Report as tollows:
1.
Budget Amendments and Transfers
#89-389 - Property Appraiser - Fund #001
2.
From:
023-0450
EAD-3143
Comptroller/Prop Appraiser/Tax ColI
Comm & Fees - Property Appraiser
$846,696.00
To:
023-0475
PAA 9530
Reserves - General Fund
Restricted Reserve
$846,696.00
Real Estate Management Items
a.
Approval for Recording
(1) Hiawassee Road (Silver star Road to Clarcona-Ocoee
Road)
- Deed (Instrument 1028.1 - $10,000 for 3,960
square feet), William R. Denmark and Alice M. Denmark.
Subordination of encumbrance to property rights to
Orange
County (Instrument 1028.2), Virginia Beach
Federal Savings Bank, formerly known as Virginia Beach
Federal Savings and Loan. Approved warrant be issued
in the amount of $10,000 and appropriate recording fees
be paid.
(2) Hiawassee Road (Silver Star Road to Clarcona-Ocoee
Road)
Deed (Instrument 1072.1 - $9,100 for 4,887
square
feet), Alma B. Manney.
Subordination of
encumbrance
to property rights to
Orange County
(Instrument 1072.2), Amerifirst Bank. Approved warrant
to be issued in the amount of $9,100 and appropriate
recording fees be paid.
(3) Hiawassee Road (Silver star Road to Clarcona-Ocoee
Road)
- Deed D(Instrument 1073.1 - $7,000 for 4,808
square
feet), Laverne M. McMullen and Regena R.
McMullen.
Subordination of encumbrance to property
rights to Orange county (Instrument 1073.2), First
Federal
Savings and Loan Association of Seminole
County. Approved warrant to be issued in the amount of
$7,000 and appropriate recording fees be paid. This is
an out-of-court settlement.
(4) Hiawassee Road (Old Winter Garden Road to State Road
50) - Deed (Instrument 109.1 - $21,730 for 18,636.04
square feet), William W. Uthlaut. Approved warrant to
be issued in the amount of $21,730 and appropriate
(5) Clarcona-Ocoee Road (Hiawassee Road to Edgewater Drive)
Deed (Instrument 1115.1 - $568.for 1,200.2 square
feet), Fleet National Bank, successor by merger to
Industrial National Bank of Providence, as Trustee for
Theodore H. Vetterlein, Jr., deceased, and Mellon Bank
East, successor by merger to Girard Trust Bank of
Philadelphia, Pennsylvania, as trustee for Theodore H.
Vetterlein, Jr., deceased.
Approved warrant to be
issued in the amount of $568.30 payable to Earl K.
Wood,
Tax
Collector,
for delinquent
taxes and
appropriate recording fees be paid.
(6) Hiawassee Road (Silver Star Road to Clarcona-Ocoee
Road) - Deed (Instrument 1086.1 - $30,800 for 3,967
square feet), Ralph Poe Investments, Inc. Affidavit
(Instrument 1086.2), L. Ralph Poe. Approved warrant to
be issued in the amount of $30,800 and appropriate
b. Hiawassee Road (Silver Star Road to Clarcona-Ocoee Road)
Parcel 1004 - Authorized issuance of an advance warrant in
the amount of $80,000 payable to the United States Postal
Service.
c. Orange Avenue (Taft-Vineland Road to Sand Lake Road)
Condemnation
Authority:
Authorization
to
institute
condemnation proceedings against the property owner for
Parcel 863A as negotiations have been unsuccessful; funds
are available.
,
d. Hiawassee Road (Silver star Road to Clarcona-Ocoee Road)
Condemnation
Authority:
Authorization
to
institute
condemnation proceedings against the property owners of
Parcels 1003, 1004, 1019/9019, 1020/9020, 1022, 1027, 1028,
1034, 1049, 1072, 1073, 1077, 1078, 1079, 1080, 1083/8083,
1084,
1085, 1086 and 1087 as negotiations have been
unsuccessful; funds are available.
e. Old Winter Garden Road (Hiawassee Road to Kirkman Road)
Condemnation
Authority:
Authorization
to
institute
condemnation proceedings against the property owners of
Parcels 103/103A, 104, 107, 108/708, 109, 110, 111, 112,
114/114A, 120, 121, 122/722, 123/723, 126, 127, 128, 129,
135, 137/737, 138, 139, 140, 146, 147/147A/947, 149, 150,
154, 155/755, 156 and 158/758 as negotiations have been
unsuccessful; funds are available.
3. Procurement and Contractual Services
a. The Professional Services Review Committee met on January 4,
1989, to review and discuss the following projects:
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of a purchase order
against continuing
(1) Issuance
contract #Y7-823A to Jammal & Associates providing for
soil and construction materials testing for the Sand
Lake Road Regional Wastewater Treatment Facilities
Phase 3A expansion at a total fee of $331,333.
(2) Issuance
of a purchase order
against Continuing
contract #Y7-823A to Jammal & Associates for the
Eastern
Regional
Water
system well
field site
evaluation at a total fee of $342,276.
(3) Process a change order against contract #Y7-818A to
Ardaman & Associates, Inc., providing for additional
materials testing and threshold inspection services for
the vietnam Memorial Courtyard at the Civic center
expansion project at a total fee of $60,414.
(4) Issuance
of a purchase order
against Continuing
Contract #Y2-602A to Camp Dresser & McKee for design
and engineering services for bidding of the Southwest
orange
County
Water
Reclamation
project
rapid
infiltration basin expansion. A total lump-sum fee of
$486,900 was agreed upon with an additional cost plus
fixed fee of $226,100 for a new contract total of
$713,000; 50% of the cost will be paid by the City of
Orlando.
(5) Award of a contract with Barton-Malow/Jack Jennings &
Sons,
Inc., for construction administration/owners
representation services for the Public Works Complex
project at a total lump-sum cost of $246,240.
b.
The Court Alternatives Department has a requirement for
construction/renovation work within the space leased from
Koger
Properties; and the lease agreement with Koger
stipulates that such construction/renovation work must be
contracted with Koger.
Court Alternatives solicited a
proposal from Koger of this work.
Authorized waiving of competitive bidding and issuance of a
purchase order to Koger Properties, Inc., for the needed
renovations and construction at a total cost of $10,906.
c.
The Data Center and property appraiser received commission
approval on November 7, 1988, to establish a contract for
the
maintenance and software support
for the Unisys
(Burroughs) computer equipment for the period October 1,
1988, through December 31, 1988, at a cost of $62,563.62.
This contract was established for a three-month period in
anticipation
of
a
reduction
in
inventory due
to
implementation of the new LGFS financial system.
To date
there has been no change in the inventory, and a three-month
extension of the contract is required to provide continued
support of the systems.
Process Change Order #1 to Purchase Orders M0000001101 and
M0000001106 to Unisys corporation for extension of the
maintenance and software support through March 31, 1989, at
a total cost of $125,217.24.
d.
Process of a purchase order to Engineered castings Company
for the purchase of 500 overhead street sign brackets for
the Traffic Operations shop at a total cost of $29,850.
There is one other local vendor who can provide this product
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for the department; however, Engineered castings can provide
a superior product with immediate delivery. The other
vendor indicated a delivery time of 12 weeks.
e. Award of Contract #Y9-713A for construction of basketball
and tennis courts at Christmas Park to the overall low
bidder, Varsity Courts, Inc., at a cost of $42,586.
f. Award of Contract #Y9-605A-BD for the purchase of one air
boat with trailer to the overall low bidder, Alumitech,
Inc., at a cost of $15,975.
g. Award
of contracts to the following dealers for the
respective categories of car and light trucks, Solicitation
#Y9-119A-JC:
3/4 Ton 4X2 P/U
3/4 Ton 4X4 P/U
3/4 Ton Crew Cab
1/2 Ton 4X2 P/U
1/2 Ton 4X4 P/U
Economy 4X2 P/U Compact 4X2 P/U Compact 4X4 P/U Economy 4X2 utility
Economy 4X4 utility
3/4 Ton 4X2 Van
4 Door Midsize S/W
4 Door Compact Sedan
4 Door Midsize Sedan
utility Wagon 4X4 Suburban 4X4 Full Size Station Wagon
Nine (9) Passenger
Mini Van Jeep 4X4 Heintzelman's Truck Center, Inc.
Ken Rummel Chevrolet
Roger Holler Chevrolet Co.
Don Reid Ford
Don Reid Ford
Don Reid Ford
Don Mealey Chevrolet
Roger Holler Chevrolet
Sun State Ford
Earth Jeep Eagle, Inc.
h. Process of a purchase order with Don Reid Ford for two Ford
Tauruses for new personnel in the State Attorney's Office at
a total cost of $25,338. Don Reid Ford was awarded four
previous vehicles for the State Attorney based on price and
availability. These two new vehicles are identical to those
purchased earlier, with the exception of a larger engine and
heavy-duty suspension in one, which will cost an additional
$610.
4. Proclamation designating the week of January 22-29, 1989, as
"YMCA Week" in Orange County, requested by the Central Florida
YMCA.
5. Proclamation
Day.
designating January 10, 1989, as Charles Parkhouse
6. Proclamation designating the week of January 20 through January
27, 1989, as "Week of the Working Parent."
7. Risk Management
Payment
of claims reviewed by the Intergovernmental Risk
Management Committee for the week ended January 3, 1989, as
follows:
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January 9, 1989
Fiscal 1977-80 Self Insurance Claims
Page 591
$
365.04 Fiscal Year 1981-88 Warrants
City of Orlando Portion
Orange County Portion
$ 15,369.87 (40%)
23,054.81 (60%)
$ 38,424.68
Fiscal Year 1985-88 General Auto Liability City of Orlando Portion
Orange County Portion
Orl. Housing Authority
$
$
8.
Trans~o~tgtion
Im~act
Fee Alternate Traffic
3,902.27 (39.8%)
5,853.41 (59.7%)
49.02 ( .5%}
9,804.70
Stud~
Agreement
The owner of the Comfort Inn Hotel at 8442 Palm Parkway and the
Quality Inn Hotel at 9000 International Drive submitted two
alternate traffic studies for the sites which resulted in a
transportation impact fee lower than the rates contained in the
ordinance.
section II.E of the administrative regulation
entitled "Transportation Impact Fee Alternate study Guidelines ll
requires a developer who has submitted an alternate traffic
study to enter into a developer's agreement with the County
before the alternate rate can be charged, and such an agreement
has been prepared.
Approval of the agreement to include
execution by the Chair.
COUNTY ADMINISTRATOR DISCUSSION REPORT
Orange County Political Coalition v. Orange County
County Attorney Harry stewart addressed the Board and stated that
the above-referenced case has been filed challenging the recent
amendments to our Charter. He requested the Board to authorize him
to' hire as co-counsel, Mel Martinez, to assist in the case in that
he acted as counsel for the Charter Commission.
Upon a motion by Commissioner Carter, seconded by Commissioner
Chapin, and carried with all commissioners present and votinq AYE,
by voice vote, the Board authorized County Attorney Harry stewart to
hire Mel Martinez of the firm Martinez, Dalton' Provencher to act
as co-counsel in the case at an hourly rate of $150 per hour.
NON AGENDA
commissioner Carter addressed the Board and requested consideration
of terminating County Administrator Tom Sewell's contract and
recommended appointment of Phil Brown as Acting Director: and
further, suggested hiring an executive search firm to find a
replacement for the position, through negotiations by the Legal
Department and Administrators Department.
The
following people appeared
Administrator Tom Sewell:
- Brailey Odom
- Geri Szarowicz
in
favor
of
retaining
County
Page
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Chapin, and carried with Commissioners Carter, Chapin, and Donegan
voting AYE by voice vote; Commissioners Dorman and Marston voted NO;
the Board authorized terminating county Administrator Tom Sewell's
contract; and further, approved the hiring of an executive search
firm to find a replacement for the- position.
Upon a motion by Commissioner Donegan, seconded by Commissioner
voice vote, the Board authorized the County Attorney to draft a
separation release agreement of County Administrator Tom Sewell's
contract, to be executed by the Chair.
NON AGENDA
county Attorney Harry stewart stated that Cheryl Moore questioned
proper parliamentary procedure of the motion to rescind a previous
vote as an appropriate motion during the Board meeting of January 3,
1989.
The vote taken at that time concerned the removal of Cheryl
Moore from the Code Enforcement Board and appointment of another
individual.
He stated that th~ action was correct according to
procedures.
Upon a motion by commissioner Carter, seconded by Commissioner
Chapin, and carried with all commissioners present and voting AYB by
voice vote, the Board reaffirmed the appointment of Bob Buckner to
the Code Enforcement Board to replace Cheryl Moore.
DISCUSSION RE:
REQUEST FOR -ASSISTANCE
AFFORDABLE HOUSING PROJECT
FROM
ORANGE
COUNTY FOR
Administrative
and Community
Services
Director Jessie Allen
addressed the Board concerning a request from Florida Affordable
Housing, Inc., for assistance from Orange county.
a non-profit
Thomas
Hinners representing Affordable Housing,
organization, and Thompkins Development Corp., requested Board
consideration for financial assistance of a 96-unit low-income
housing project, "Ashley Place."
County Attorney Harry Stewart and the Board discussed the request.
It was the consensus of the Board to defer the matter and appoint a
Task
Force
to
obtain
additional
information and
make a
recommendation regarding the request.
MEETING RECONVENED
The Orange County Board reconvened in Commission Chambers on the
First Floor, Orange County Administration Center with Chair Tom
Dorman, Vice-Chair Hal Marston, Commissioners Vera Carter, Linda
Chapin, and Bill Donegan being present. Also present were Acting
County Administrator Phil Brown, county Attorney Harry A. Stewart,
and Deputy Clerk Mary Jo Garrison.
The Board paused for an
invocation given by Commissioner Dorman, followed by the Pledge of
Allegiance to the Flag.
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PUBLIC DISCUSSION
GREG KLEVANOFF - CONSIDERATION FOR OPENING AN UNOPENED RIGHT-OF-WAY
NEAR FENTON AVENUE - APOPKA
Greg Klevanoff requested consideration for a variance to open an
unopened right-of-way near Fenton Avenue, west of Apopka-Vineland
Road, and stated he is willing to sign a required notice of future
assessment and nonmaintenance agreement.
Irene Buyer, representing the buyer, addressed the Board in favor of
the request.
Public Works and Development Director Tom Hastings explained the
location of the subject property, the request and recommendation for
approval.
commissioner Carter suggested that if the adjoining property owners
desire to participate and form a paid taxing district, the county
would be willing to accept it for maintenance.
voice vote, the Board denied the applicant's request for a variance
to open an unopened right-of-way near Fenton Avenue, west of
~popka-Vineland Road.
NON AGENDA - DISCUSSION OF COUNTY ADMINISTRATOR
commissioner Marston suggested, in view of this morning's action to
dismiss County Administrator Tom Sewell, that comparable wages be
given
to Assistant County Administrator Phil Brown who will
temporarily assume the position of county administrator.
The Board discussed proposed salary arrangements which could be
considered for compensation to Phil Brown during his tenure as a
cting county administrator.
It was the consensus of the Board to continue this matter until
advice is obtained from a "Blue Ribbon Committee" with members
appointed
by Jim Harris,
the commissioners, and
the Legal
Department.
PUBLIC HEARING - ALTERATION OF SHORELINE, LAKE TIBET BUTLER - NIZAR
MITRA - DISTRICT #1
Notice was given that the Board of county Commissioners would hold a
public hearing to hear those for or against the application of Nizar
Mitha to construct a retaining wall on the following described
property:
Lot 29 Bay Point, recorded in Plat Book 7, Page 49, Orange
County, Florida, said property being located or adjacent to
Lake Tibet-Butler.
Paula Mack, Environmental Protection Department, stated reasons for
staff recommendation of denial of the request based on the following
reasons:
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January 9
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1. There is no evidence of loss of upland property by erosion.
2. The subject property is an existing low, flat lot.
3. The residence on the property is not in danger of flooding.
4. The contractor for the seawall has indicated the purpose for
installing the wall is to backfill the rear year and install
an in-ground pool.
5. The present owner of the property recently purchased the
residence with knowledge of the pre-existing conditions.
No one appeared in favor of or in opposition to the request.
Upon a motion by Commissioner carter, seconded by Commissioner
Dorman, and carried with all commissioners present and voting AYE by
voice vote, the Commission accepted staff recommendation for denial
of the applicant's request for an alteration of shoreline on Lake
Tibet-Butler.
PUBLIC HEARING - PETITION
EASEMENT - DISTRICT #2
TO VACATE #88-08
- PORTION OF
DRAINAGE
Notice was given that the Board of County Commissioners would hold a
public hearing to hear those for or against a petition to vacate a
portion of drainage and utility easement on property described as
follows:
From the Southeast corner of Lot 30, Lake Bosse Oaks, as
recorded in Plat Book 9, Page 91, Public Records of Orange
County, Florida; run S 89 0 07'02"W along the South line of
said Lot 30 a distance of 110.00 feeti thence N 00023'17"W,
a distance of 8.00. feet for a Point of Beginning; thence
S 89 0 07'02"W, a distance of 8.00 feet: thence N 00023'17"W,
a distance of 44.00 feet; thence N 89 0 07'02"E, a distance
of 8.00 feet; thence S 00023'17"E, a distance of 44.00 feet
to the Point of Beginning.
A public hearing was held; Public Works and Development Director Tom
Hastings recommended denial of the vacation request.
Ray Bradick of Bowyer-Singleton & Associates, representing
applicant, requested approval of the request.
the
No one appeared in favor or for or against the petition to vacate.
Upon a motion by commissioner Dorman, seconded by Commissioner
Carter, and carried with all commissioners present and voting AYE by
voice vote, the Board accepted staff recommendation to deny Petition
to vacate #88-08 of a portion of drainage and utility easement
within Lake Bosse Oaks.
PUBLIC HEARING - HUGH A. EDWARDS - PLANNING AND ZONING COMMISSION
#30 (BOARD CALLED) (CONTINUED FROM 11/15/88 - DISTRICT #5
It was the consensus of the Board to continue Hugh Edwards' request
for a change in zoning classification continued from November 15,
1988, Board meeting.
Zoning
Director Sharon Smith explained the
January 9, 1989 r
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location of the subject
Page 594
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Applicant
request.
Hugh
Edwards
addressed
the
Commission concerning
Ms. Rudge, 18686 Thirteenth Avenue, Bithlo,
the request.
his
spoke in opposition to
by voice vote, the Commission overturned the recommendation of the
p 'Z and denied the applicant's request for a change in zoning
classification.
PUBLIC HEARING
MEADOW WOODS PLANNED DEVELOPMENT
LANDSTAR
BOULEVARD ARTERIAL ROAD PRELIMINARY SUBDIVISION PLAN - DISTRICT 15
public
hearing to hear those for
or against a preliminary
subdivision plan approval for Meadow Woods Planned Development
located east of Orange Av~nue between Wetherbee Road and the
Osceola/Orange county Line on the following described property:
A part of section 36 and 25, Township 24 South, Range 29
East,
Orange County, Florida, described
as follows:
Commence at the southeast corner of said section 36; thence
N. 89 deg.58'30"W., along the south line of the southeast
1/4 of said section 36, 1150.00 feet for the point of
beginning of a 120 foot wide right of way lying 60.00 feet
left pnd 60.00 feet right of the following described
centerline; said point being a point of curvature of a
curve, concave southeasterly, having a radius of 1950.00
feet; thence from a tangent bearing of N.OO deg.01'30"E.,
run 816.81 feet along the arc of said curve thru a central
angle of 24 deg.OO'OO" to the point of tangency thereof;
-thence N 24 deg. 01'30"E., 500.00 feet to a point of
curvature of a curve, concave northwesterly, having a
radius
of 1800.00 feet and a
central angle of 09
deg.2l'26"; thence run 293.97 feet along the arc of said
curve to a point of compound curvature of a curve, having a
radius
central angle of 72
deg.55'04 11 ;
thence run 1527.19 feet along the arc of said
curve to the point of tangency thereof; thence N 58 deg
15'00"W., 175.00 feet to a point of curvature of a curve,
concave northeasterly, having a radius of 1200.00 feet and
a central angle of 72 deg. 30'00 11 : thence run 1518.44 feet
along the arc of said curve to the point of tangency
thereof; thence N.14 deg.15'OO"E., 167.52 feet to a point
of curvature of a curve, concave northwesterly, having a
radius
central angle of 22
deg.08'59"; thence run 463.90 feet along the arc of said
curve to the point of tangency thereof; thence N.
07
deg.53'59"W.,
236.85 feet to a point of curvature of a
curve, concave southwesterly, having a radius of 1700.00
feet and a central angle of 26 deg. 39'00"; thence run
790.72 feet along the arc of said curve to the point of
tangency thereof; thence N.34 deg.32'59"W., 282.64 feet to
a point of curvature of a curve, concave northeasterly,
having a radius of 900.00 fee:t and a central angle of 39
deg.40'40"; thence run 623.26 feet along the arc of said
curve to the point of tangency thereof; thence N.05
deg.07'41"E.,
331.85 feet to a point of curvature of a
curve, concave southwesterly, having a radius of 1400.00
feet and a central angle of 19 deg.10'48"; thence run
-r
..... ' , -.. ,-" .
..., 595
Januar, Page 596
468.66 feet along the arc of said curve to the point of
tangency thereof and the POINT OF TERMINATION of this
centerline description.
Containing 22.58 acres more or less.
A public hearing was held; Public Works and Development Director Tom
Hastings reviewed the conditions of approval recommended by the
Development Review Committee.
steve
Miller,
Miller-Sellen
Associates, concurred
with the
conditions, but, requested an amendment to Condition #2 regarding
providing mitigation for removal of the Conservation Areas.
No one appeared in favor of or in opposition to this request.
Upon a motion by Commissioner Chapin, seconded by Commissioner
Harston, and carried with all commissioners present and voting AYE
by
voice vote, the Board approved the Meadow Woods Planned
Development,
Landstar
Boulevard
Arterial
Road
preliminary
Subdivision Plan subject to amended conditions as follows:
1. Development shall conform to the Meadow Woods PD approval;
the Development Order Executed: the Meadow Wood Landstar
Boulevard Arterial Road Preliminary Subdivision Plan, dated
"Received 11/11/88," and to the following conditions of
approval.
Development based upon this approval shall comply
with all other applicable federal, state and county laws,
ordinances and regulations, which are incorporated herein by
reference, except to the extent they are expressly waived or
modified by these conditions or by action of Orange County.
This Preliminary Subdivision Plan Approval automatically
expires on January 9, 1990, in accordance with section 6.2.7
of ,Orange County Subdivision Regulations adopted April 1)
1984.
2. The roadway shall be realigned to avoid encroachment within
any Conservation Areas, unless mitigation is provided for
removal of the Conservation Areas.
3. At the time of construction plan submittal, the applicant
shall demonstrate to the satisfaction of the Planning and
Engineering Departments, that proposed retention ponds do not
adversely impact any Conservation Areas.
4. Construction of five(5)-foot wide sidewalks on both sides of
Landstar Boulevard shall be required prior to issuance of
certificate of Completion.
5. Access points and median break locations shall be determined
at the time of Development Plan submittal for adjacent
parcels.
6. Water service shall be obtained from Orange County in
accordance with the Orange County/Orange-Osceola Management
corporation/Community Developers of Orange County, Inc./
Orange-Osceola utilities, Inc., Water utilities Agreement as
amended.
7. Wastewater service shall be obtained from Orange County in
accordance with the Orange County/Orange-Osceola Management
Corporation/Community Developers of Orange county, Inc.,
Revised Wastewater utilities Agreement as Amended.
January 9, 1989 r
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Page 596
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ZONING APPEAL - MILLER-SELLEN ASSOCIATES, INC. "SCOTTINS GLEN"
(RIVER PARK) - PLANNING AND ZONING COMMISSION #22 - DISTRICT #2
Notice was given that the Board of County Commissioners would sit as
a Board of Appeal of a decision made by the Orange County Planning
and Zoning commission on November 3, 1988, relative to Miller-Sellen
Associates' request in P-D zone to amend original land use plan
conditions of approval on the following described property:
SW 1/4 of SE 1/4 of NW 1/4 Sec. 17, T 22 S, R 31 E,
AND
NE 1/4 OF SW 1/4 Sec. 17, T 22 S, R 31 E,
AND
Lot 7, Blk. L, Orlando Acres First Add., as recorded in
Plat Book S,
Page 71,
Public Records of Orange County,
Florida,
AND
SW 1/4 of NW 1/4 and NW 1/4 of SE 1/4 of NW 1/4 Sec. 17, T
22 S, R 31 E (less beg. NW cor. of SW 1/4 of NW 1/4 Sec.
17, T 22 S, R 31 E, run th S along W line of sd. SW 1/4 of
NW 1/4 696.25 ft., th N 71 0 E'697.44 ft., th N 475.8 ft. to
a pt. on N'line sd. SW 1/4 of NW 1/4 660 ft. E of beg., th
W along sd. N line 660 ft. to POB, and less beg. NE cor. of
SW 1/4 of NW 1/4 Sec. 17, T 22 S, R 31 E, run 89 0 W along N
line of SW 1/4 of NW 1/4 660.94 ft., th S 365 ft, th N 80 0
E 669.91 ft. to E line of SW 1/4 of NW 1/4, th N 270 ft. to
POB, and less beg. NE cor. of SW 1/4 of NW 1/4 Sec. 17, T
22 S, R 31 E, run S 270 ft, th N 80 0 E 280 ft., th N 71 0 E
296.06 ft. to W line Royal Estates Sub., th N 115 ft. to N
line of SE 1/4 of NW 1/4, th N 89 0 W 659.41 ft. to POB, and
less comm. W 1/4 cor. Sec. 17, T 22 S, R 31 E, run S 89 0 E,
50 ft., to E R/W line Dean Rd. for a POB,
th N along sd.
R/W a dist. of 677.32 ft., th N 71 0 E 646.77 ft., th N
110.08 ft., th N 82 0 E 1048.62 ft., th N 70 0 E 302.78 ft.,
th S 1249.56 ft., th N 89 0 W 662.70 ft., th N 89 0 W 1278.18
ft. to POB), Sec. 17, T 22 S, R 31 E,
which is located East side Dean Road, 5/10 mile North of
East Highway 50
District #5)
(W 1/2
17-22-31
Tract Size: 44.4 acres
Zoning Director Sharon Smith reviewed the request for appeal,
stated that the P & Z had
described the location of the property,
and she reviewed amended
recommended approval with conditions,
conditions.
Jim
Sellens, Miller-Sellen
Associates,
recommendations concerning the request.
concurred
with
staff
Alan Hogan, 2330 Juno Avenue, Orlando, addressed the Board with his
concerns regarding the request.
Upon a motion by commissioner Donegan, seconded by Commissioner
by voice vote, the Board upheld the Planning' zoning Commission'S
recommendation
and approved the request,
subject to amended
conditions as follows:
1. Development shall conform to the Scottish Glen P-D/River Park
Land Use Plan Amendment dated IIReceived october 4, 1988," and to
the following conditions of approval.
Development based upon
this approval shall comply with all other applicable federal,
state and county laws, ordinances and regulations which are
incorporated herein by reference, except to the extent they are
expressly waived or modified by these conditions or by action of
Orange County.
'
Page 597
1 (,
nu:::ry Page ::198
2. Development shall conform to the following Board
Commissioners' May 22, 1973 conditions of approval:
of county
a.Approved a density of 10.9 dwelling units per gross acre,
with a maximum of 737 units (520 multi-family and 217
single-family units).
b. Limitation of structural heights for multi-family to one (1)
story within 100 feet of abutting single-family zoned
properties (Lots '#12-#23 and #40-#42 of Royal Estates
Subdivision).
A 50-foot setback on the west to be from
planned right-of-way. A 25-foot setback on the north and
south boundaries, with requirement for construction of a
six-foot high masonry wall adjacent to the single-family
land uses along the north and east property lines of the
proposed Lots #2 and #3.
c. Modification of Dean Road
for all turning movements.
and project entrance
d. Dedication to County of access rights
from project entrances.
to provide
to Dean Road, except
e. Covenants, conditions, and restrictions guaranteeing every
future resident an undivided interest in recreation areas,
and establishing payment to guarantee perpetual maintenance
of these areas and the landscape screening.
3. Prior to issuance of the 629th building permit, a traffic study
will be submitted to assess the need for resurfacing, traffic
control devices, signage, and striping of Vincent Road between
S.R. 50 and the River Park project entrance on Vincent Road.
4. Prior to any Development Plan submittal, final determination of
the number, significance and class of conservation areas shall
be made by the Planning Department, pursuant to sections 3.03
and 4.02 of the Conservation Ordinance. The applicant shall
flag the extent of conservation areas for review and approval by
county staff. A certified survey of the approved conservation
areas shall be submitted to the Planning Department for review
and approval.
The applicant is herein notified that this
conservation area determination may result in a reduction and/or
reconfiguration of some of the developable areas as shown on the
Land Use Plan.
Limits of any designation conservation area
shall be flagged in a clear and obvious manner before and during
the clearing process.
5. Conservation areas shall be designated as separate tracts, with
development rights dedicated to Orange county at the time of
platting, except for those conservation areas incorporated into
an
approved
stormwater
management plan,
for uses
and
modifications as allowed by Orange County.
Any
encroachment,
alteration,
or removal
of designated
conservation areas shall be in accordance with the requirements
of Section 7.04 of the Conservation Ordinance.
Any proposed
encroachment, alterations, or removal of conservation areas
shall be accompanied by a mitigation plan acceptable to Orange
county and in accordance with the criteria in sections 7.03 and
7.04 of the Conservation Ordinance.
6. Waiver for requirement of wall along Dean Road is recommended.
January 9, 1989 r
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Page 598
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Page 599
January 9, 1989
PUBLIC HEARING - PLEASURANA USA, INC. - BOARD OF ZONING ADJUSTMENT
'12 (BOARD CALLED) (CONTINUED FROM 12/12/88) - DISTRICT '1
It was the consensus of the Board to continue the request of
Pleasurana USA, Inc., for a special exception in C-2 zone to erect
commercial building (restaurant) 65 ft. in height and a monument 75
ft.
in height in lieu of 50 ft.,
continued from December 12, 1988,
Commission meeting.
Zoning Director Sharon smith explained the location of the subject
property, zoning classifications in the area, and the request.
Gary
Williams of C. T. Shu
& Associates, representing
applicant, addressed the Board in favor of the request.
the
Richard Hartman, representing Orlando
Board in favor of the request.
the
Central Park, addressed
Chapin, and carried with commissioners carter, chapin, Donegan, and
Dorman voting AYE by voice vote; commissioner Marston voted NO; the
Board approved the applicant's request for a special exception in
C-2 zone to erect commercial building 65 ft. in height, however,
denied request for erection of a monument 75 ft. in height.
commissioner Dorman left the meeting.
PUBLIC HEARING - PETERSON OUTDOOR ADVERTISING ADJUSTMENT #32 (BOARD CALLED) - DISTRICT #4
BOARD OF
ZONING
public hearing to hear those for or against the application of
Peterson Outdoor Advertising for a variance in C-3 zone to erect an
outdoor advertising sign (billboard) and provide zero setback from
front
(south) property line in lieu of 15 ft. on property described
as follows:
E 33 ft. of S 1/4 of SE 1/4 Sec. 30, T 23 S, R 29 E,
which is located North side Sand Lake Road, 1/4 mile East
of Manderin Drive or 4801 Sand Lake Road.
(SE 1/4 of SE 1/4
30-23-29
Tract Size:
4/10 acre
District #4)
A public hearing was heIdi Zoning Director Sharon Smith explained
the location of the subject property, zoning classifications in the
area, and the request.
County Attorney
request.
Harry
stewart
explained
legal
aspects
of
the
The following people appeared in favor of the request:
- Applicant Reed Whisonant, Peterson Outdoor Advertising
- Attorney Linda Wells on behalf of Peterson Outdoor Advertising
A motion was made by Commissioner carter, seconded by Commissioner
Chapin, and failed with Commissioners Carter and Chapin voting AYE
by
voice vote; Commissioners Marston and Donegan voting NO;
Commissioner Dorman was absent; to deny the variance request in that
this may set a precedence in similar Board decisions.
County Attorney Harry Stewart clarified the legal aspect of setting
a precedence.
January 9, 1989
Page 599
Page 600
January 9 I 1989
Upon a motion by Commissioner chapin, seconded by Commissioner
Donegan, and carried with Commissioners Chapin, Donegan, and Marston
voting
AYE by
voice
vote; Commissioner Carter
voting NO;
Commissioner Dorman was absent; the commission upheld the decision
of the Board of Zoning Adjustment and granted the applicant's
request for a variance in C-3 zone to erect outdoor advertising sign
and provide zero setback from front (south) property line in lieu of
15 ft. on the above described property.
ZONING APPEAL
DOROTHY DOWNEY,
COMMISSION #21 - DISTRICT #4
ET
AL.
- PLANNING
AND ZONING
Notice was given that the Board of County Commissioners would sit as
a Board of Appeal to hear those for or against the action of the
Orange County Planning and Zoning commission under the date of
October 20, 1988, Hearing #21, on application of Dorothy Downey, et
al., request for a change in zoning classification from R-3 to p-o
on the following described property:
S 110 ft. of N 1217 ft. of E 1/4 of NE 1/4 of NE 1/4 (Less
E 50 ft. for Rd.), Sec. 28, T 22 S, R 30 E,
MD
W 1/2 of E 1/2 of NE 1/4 of NE 1/4 (Less S 110 ft. and less
N 1107 ft.), Sec. 28, T 22 S, R 30 E,
AND
N 80 ft. of SE 1/4 of NE 1/4 (Less E 50 ft. for Rd.), Sec.
28, T 22 S, R 30 E,
AND
S 80 ft. of N 160 ft. of SE 1/4 of NE 1/4 (Less E 50 ft.),
Sec. 28, T 22 S, R 30 E,
MD
S 110 ft. of E 1/4 of NE 1/4 of NE 1/4 (Less Rd. on E),
Sec. 28, T 22 S, R 30 E,
which is located West side Semoran Boulevard, 1/4 mile
north of Brosche Drive on west shore Lake Barton.
Tract Size: 290 X 300
(NE 1/4 of NE 1/4
28-22-30
District #4)
A public hearing "was held; Zoning Director Sharon Smith reviewed the
appeal, described the location of the property, and stated that
p & Z had recommended denial.
Larry McFarren, 106 East Orange Street, Altamonte Springs, Florida
representing the applicants, requested approval.
No one appeared in favor of or in opposition to the request.
Upon a motion by Commissioner Chapin, seconded by Commissioner
Donegan, and carried with all present commissioners voting AYE by
voice vote; Commissioner Dorman was absent; the Board overturned the
decision of the Planning and Zoning commission and granted Dorothy
Downey, et al.'s request for a change in zoning from R-3 to p-o on
the above described property; subject to the receipt within ten(10)
days of a recorded document acceptable to county Legal Department
regarding temporary driveways, cross easements, and a single access
point onto state Road 436 executed by the three(3) property owners;
further,
zoning to take effect either upon conversion of the
property to p-o use or upon termination of the subject life estate.
January 9, 1989
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Page 601
January 9, 1989
PUBLIC HEARING - PETITION
GROUP, INC. - DISTRICT #5
TO VACATE PORTION
OF BEEMAN PARK
- JFL
public hearing to hear those for or against the vacation of that
certain portion of Beeman Park, more particularly described as
follows:
That certain portion of Park and Walks included within the
geographic boundaries of Lake Sue Drive and Ridge Avenue in
Beeman Park Subdivision, as bounded by Lots 35 39, 42,
43,
and 46 - 49, as recorded in Plat Book L, Page 91, of
the Public Records of Orange County, Florida.
A public hearing was held; Assistant county Administrator Tom Ackert
discussed the proposed vacation showing a map of the area and
recommended approval of the "yellow" and "gray" sections.
Petitioner Jean F. Lancien, JFL Group, Inc.,
concerning the proposed vacation.
The Board and Assistant County
legality of the request.
addressed the Board
Attorney John Gehrig discussed
the
The following people addressed the Board in favor of the request.
- Albert Rees of 2051 Woodlawn Drive, Orlando
- Jean Rees of 2055 Woodlawn Drive, Orlando
- John Davis of 2513 Ridge Avenue, Orlando
The following
request.
-
people
addressed
the
Board in
opposition to
the
Dorothy Sloan of 1338 W. Ivanhoe Boulevard, Orlando
Larry Signorile of 2506 Woodside Avenue, Orlando
William Zucca of 1922 Lake Sue Drive, Orlando
Marsha Hertell of 2316 Ridge Avenue, Orlando
Geri Szarowicz of 3503 Finch Street, Orlando
O. R. Davis of 1913 Lake Sue Drive~ Orlando
commissioner Marston requested a show
opposition to the request.
The Board
vacation.
and
staff proceeded
of hands in favor
to discuss
of and in
the proposed
area for
Assistant County Administrator Tom Ackert recommended vacation of
the subject yellow portion only, not including the gray portion,
described as follows:
That certain twenty-foot park walk bounded on the east by a
portion of Lot 35 and all of Lot 37 and on the west by Lot
38,
on the North by Lake Sue Drive, and on the South by
Beeman Park, all as shown on the plat of Beeman Park
Subdivision as recorded in Plat Book "L," Page 91, Public
Records of Orange County, Florida.
Upon a motion by commissioner Donegan, seconded by Commissioner
Chapin, and carried by all present commissioners voting AYE by voice
vote;
commissioner Dorman was absent; the Board granted the
petitioner a license agreement to utilize the above described
property, yellow portion, for a driveway with the stipulation that
there be no physical barrier blocking access to the public; and
further, granted legislation to address the entire issue.
Page 601
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P&ge 602
>'
NON AGENDA
commissioner Bill Donegan addressed the Board regarding a proposed
termination of water utilities agreement among Southern States
utilities, Mattapan Trust, and Orange county_
Karston, and carried with all present commissioners voting AYE by
voice vote; Commissioner Dorman was absent; the Board approved the
termination of the water and waste water utilities agreement between
Southern states Utilities, Mattapan Trust, and Orange County.
NON AGENDA
Acting County Administrator Phil Brown brought up for clarification
purposes the Board's earlier action concerning Advisory Board
reappointments.
It was the consensus of the Board that the terms for the following
Advisory Board members shall be as follows:
Board of Zoning Adjustment Reappointment
Gary Russell
Claude Jolicoeur
~
3 year term
2 year term
Planning and Zoning Commission Reappointment
James D. Phillips
2
year term
MEETING ADJOURNED
There being no further business, the Chair adjourned the meeting.
ATTEST:
~~
Martha o. Haynie
Clerk
Chairman f)._
bc
January 9, 1989
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1989-01-09 BCC Meeting Minutes

Transcription

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