CCMtg10-04-04MinLONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 Nest Warren Avenue
Longwood, Florida
NtINUTES
OCTOBER 4, 2004
7:00 P.M.
Present: Mayor N. G."13otch" Brandy
Depaiv Brian D. Sackett
Com er JOhnGMaingot
Com er Dan Antlerson
Commissioner Mike Holt
Rirhard 3. Taylor, City Attorney
John J. Drogo, Ciry Ad:W V istrator
Sarah M. Mijmes, City Clerk
Tom Smith, Division Manager of Streets/Fleet
Tom Jackson, Chief of Police
Pat:Milier, Director of Cammaniry Services
Paul Sizemore, Community Services Coordinator
Chris Schmitlt, Community Services Coordinmor
Richard Kornblvh, Division Manager of Utilities
Carol Rogers, Director of Financial Services
L CALL TO ORDF,R. Mayor Bundy called the meeting to order at ]:06 Pm.
2. Amoment of SILENT MF,DITATION was follmved by the PLEDGE OF
ALLEGIANCE.
3. COM1iMUNITY ANNOUNCEMENTS. The Collowing armouneemeni wes
made:
A, A Blue Grass Pickin' will be heltl on Uctober 16, 2004 from ]:00 D.m.
anti)10:00 p.~n., Longwood Community Bailtling, 200 \Yert warren
Avenue.
4. RECACMTION3.
A. Proclaiming the 23`"AVniversary of fwl Preasa Newspaper.
Mayor Bondy read and pros nted a Droclama»on [o Mrs. Dora
Casanova de Toro rarognizing the23~ Armivusary ofLa Pre»sa
Newspaper. Piemres were then taken.
B. Distric[kS Preseoin[ion of the Business Peron of the Month
Award (or October 2009 to the following Longwood Ciry
Deparhnents (or their eifarts in I{urricanex Charley, Frances
CC 10-0404841
mod Jo:mne: Ciry Clerk's, Police, Fire, Ninancivl Services,
Community Services and Public Works.
Deputy Mvyor Sackett slated this presentntivn was going to be a
little diffuent. He sod eight weeks ago the City of Longwood was
boilding a clack lower, making County Rond 4271~ok e little
er, boilding a Wevdy's, and going on with an upward slams
quo. He s sled school was back in n, then the first hum
hit and Ihore have been three humcvve~s since. He said there hos e
hevn a tremendous resolve within (hepeople in thecommvnity
pulling together to help each other though times o[traumatic
expuietroes. He asked the Commissioners Ic help him in
prese+:ting these aweeds.
Commissiover Maingol said it was a distinct pleasurete rewgvizc
the City Clerk and her department. He acknowledged her
dediontion during the first hurricane with the City Admivistretor
being out oftow:r. He presented Me. Mijvres with a cenifcate of
appreciation.
Com r+' A:tderson iecogvized the Police Department for
(heir work before, during, avd a6erthese storms. He stated the
Police Chiefmade an important call during the midAle of one of
the slonns. He declared they Uid a fantastio jab makivgsure haf6c
ving se[ely alto the storms. Ae presented Chiaflecksov
witha certificate of appreciation.
Commissioner Holt said it was his privilege to rmogvizo the Tiro
Depart nt for all their efforts. He stated the Fire Depan
will: the ast of the city employees during these huniooves. lie
presented Chief Chapman with a certificate of appreciation.
Mayor Bundy recognized Carol Rogers, Uirector of Finance, end
her department for an outstandingjob both prior tc and after tbese
rms. She had been the point person in dealing with FEMA and
other agencies durivg tlrc cleanup efforts. lie said this department
also includes the computer resource department and during all
three storms Mr. Dunn spears aunty night making sure the computor
systems were up avd running. He presented Mrs. Rogers with a
certificate of npprecianon.
Deputy Mayor Sackett acknowledgN Pat Miller and the
Community Services Deparbnenl for their eervice. He said this
dapercmen[ knows the inner workings of this city and how Things
need to fill into place. He sold the stafiwas upboal:md positive
durivg the evtire time o[these events. lie presented Mr. Miller
with a certificate of eppreo:enon.
w lao4-oan4z
Deputy Mayor Sackett stated he received a call of eonwm from
the mother of someone wlro works in Public Works, while her son
working during these stemts. He said these were the people
who worked incredible e6ifts just to makes mdebris ecleared
and addressed everytluvg that weld be of e concean. Headeclamd
rte Dhon callmTom Smith and the ould be taken eof.
He stated he eppreoiated vIl the efforlasby tlWe Public Works er
Department. He presented Tom Smith and Richard Kombluh with
awrtiecateofapprsaatmn.
Deputy Mayor Sackett applauded John Drago, City Administrnmr,
for woNinating all services and pvluvg together such a fine group
of employeev Pictures were then token.
5. BOARD APPOINTMENTS.
A. Dishlct k3 Nomination to the Codes En[orcemen(ROarJ.
Comm er HOhn eted Randy Porter, 401 Tullis Avenue
Nomination carried by a unanimous voice vote
B. Distrlef k5 Nomination to the Codes Enforcement Roard.
Deputy Mayor Snekwt defrred the nomination.
C District k2 Nominaton to the Lnvtl Planning Agency.
Commissioner Anderson nominated Brace F_ Noyes, 30I Ferdinvtd
Drive. Nomination carried bye nvntmovs voice vote.
G. POBLlC INPUT.
A. Pnbllc Par[ir3patiov.
Den McCOV, I3'/ East Maine Avcnne said there wvs also a group of
pwpto filling send baKa; the flue Commissioners. He avid tha
Conmtissionem daservad a big thank you from the residents.
7. CITY ADMINISTRATOR'S REPORT. No report.
8. MAYOR AND COMMISSIONERS'RRPORT.
Dirtrict d5. Deputy Mayor Sackett svid Isewould Tike to address W astc Pro not
ring unifomts. Ha said heknew they wereovu worked with Rre swims, but it
was time to get back to normal.
Mr. Umgo stated he bad addressed this with Waste Pro and [hey had hired same
temporary employees. He said dsereguler employees would be iv unifornt.
CC I 0-04-04/243
Deputy Mayor 5aokeu stated along Slate Road 434 a lot ofsigns moue broken. Ha
inquired what the expectation waz Eor Ilrese being repaired. He also asked if Ore
city could ba ma a specific, than by zones, Cor the debris clem+up.
Mr. Drago said they were trying to have FEMA approve another pass for pick up
ofdebris.
District NI. Commissioner Maingot reposed they had received a lever from
Michael Raenick Longwood Professional Ficefightus' Association. He slated he
endorses the Mayors re4rly to Mr. Aesvivk and he looked forward to receiving
clazifica notthe many pain ised in this respon cHeslated that.vhal Mr.
Resnicklput forth iv this lettulwraz not repreeenlative of the rank end flla in she
Fire Department. He reported he had disenssed with Mr. llrago the cleanup of
debris.
District #2. Commissioner Artderson reported he continued to receive questions
about the debris pickup. He stated it was good to hear there would be another puss
of the city. He said he also has received questions regarding conslmclion debris
end the plan needed to be clan Fled [or This type oCdebrls
Mr. Drago s aced he would be holding z staff meeting to w nFlemoon. He
a[ed Wazte Pro mould Handle the wlleuion of small debris. He said tho airy
would be getting Nis information out to the residents.
UisfriG k3. Comm mHolt also commented ov the removal of debris. Ha
sai0 he would like [ossee all debris removed from the neighborhoods. Restated he
would like to sea tarps over hailers to Drevent debris from falling out. Ho declared
he would like to see code ev6irvnmem start back. He said he would like m see
something implemented for ease ofreading house address uumbrse.
Uistrict H4. MayorSwdy reposed he concurred with the comments regarding
debris pickup and stated Iho airy was ahead of moll iv this aroa. He suggestut
holding a Work Session to review hnrticave prepvrad,rese. He said thus has been
a lot of imuest from Iha residents and stated, perhaps it was time to hold a Town
HaII meeting wiN thebasio lopie being hurrivnno preparation.
Deputy Mayor Sackett moved to hold a Town Hall Meeting on Monday,
November 8, 2004. Seconded by Commissionu Holt and cartied by a
Mayor Bundy stated the Pirefighten Pegoliationa. He ooncurted that the
ladm written to the Commtssion was notramRed at No majority of the firefighters.
9. CONSENT AGENDA.
A. Approve Minutes o[the September 20, 2004 Regular Meeting.
6. Fine ce Uivi n o(the Financial Services Department recommentls
Payment of approved and estimated bills (or October 2004.
CC 1004-04!244
C. City Administrator recommends the Ciry Comntisstoo appro ethe
purchase of 20 vehicles far the Polire antl Fire DeparDnents in the
t a[ $]61,426 to Dott Reid Fortl and authorize the City
Atlmiuistra[or to sign fhe purchase order.
D. the Engineering Division of the Commoniry Services Department
tends that fhe City Commission approve awarding a wmk
anti orization with Metzer & Willard, Inc, for professional general
engine ring sen'ices for n nof~fo-exceed amount of $25,000 antl
authorize the City Administrator to sign all apptnpriate documents.
Commissioner Meingot moved to approve the Consun Agenda az
submidoii Seoouded by Commissioner Iioh and can~icd by e
unanimous roll call vote.
10. PUBLIC NEARi:~'G5.
A. The Planning Division of the Community $ervires Department
ends [he City Commission hear an appeal of the Board of
Adjustment (DOA) decision to approve a V arinvice (VAR 10-04) m
sllov IimttW encroncltmeut into wetland areas per LDC Section 4.33
uvadtlressed property parcel ID 06-21-JO-300-022E-0000 rvith the
ooditiov [hat the tleveloper will meet all requi s of [he 6aint
John's River Water Management Districf and will pt wont a wefiavd
mitigative plan (or property within Longwood city limits to be
approved by the City N'.ngineer prior to site plan approval.
Mayor Bundy armounced this was a quazi-judicial hearing and reviewW
the prveedocas for (toms 10 A and I l B ov the agemde.
Mr. Taylor announced having proo[of publication.
Mr. Miller advised that Mr Sizemore would be presenting this case. He
statW this was a Innd use of industrial in which the applicants have
expressW nu interest in building o park typo setting for tlrcir warehouse
systems, but had nit issue with ingress and ogress. He statW the option
decidW upon was at Savage Court; and required coming across a comer of
thewetlands. Staff met with the applicant and advised theywould be
required to go before [he Board efAdjusmseut for a variance. tiesaid one
of the i es being appealW .v whether Otey completed the flue hvdings.
He advSSW these fve fndingsaverc in the staff report.
Mr. Sizemore advised this variance application waz VAR 10-04,
speci6callywaliow limitW en echme athe wetlandm es per
the Longwood Development Code, Sectioo 42.J. Restated the Ctity of
Longwood has very shier standaNS for the protection of we[Iands and
under normal circumstances does not allow mitigation. }le acknowl Wged
that when Ne applications wueattemptivg to access this site, they name to
CC 10.04-04/24$
the nclus nNat the only viable alrern oath into the
wetlands ar a. In order to do this, Choy had to eek ao o Ne
t of the code that requir eery (20) foot buffer from designated
wetland aroaz. The applicants presented Neir case at the August25, ]004
Board ofAdjustment meeting and the Hoard voted unanimously to
approve VAR 10.04 az presenteh He advised the developer mast meet all
of the requirements of rho St. Johns Water Managemem District for any
ritigation required. they will also be required to present a wetland
ritigation plwt for property within the city limbs for approval by the City
Engine~r,azpnrt oCthe site plvr approval. He advised the Longwood
Develupmoot Code requires that wy affected party can appeal the decision
efrhe board ofAdjustment; and they did receive an appeal from Donna
Cimuro.
Mr. Miller reiterated that the applicant has not submitted to the SL Johti s
Watu Management DietriU and they do not have e mitigation plan
Mr. Sizemore stated this variance was not a development plan, bat a
vartaooo to allow aueroacJvaem imo the weland areas.
Mr. ]'aylor asked Mr. Sizemore to review where the appellant's land is
located.
Mr. Sizamoro showed the affected property on the mnp and stamd the
appellant was a county resident, but within the affected area.
Mayor Bundy said he was pleased with the fact that the Longwood
Development Code was more stringent Nan the St. Jofin's. He said this
could be eosdy to the applieent and Ney may end up not receiving Ne
Mr. Sizemore advised the applicant would have ro invest in the
engineering in order to be approved by Se loM's W aler Management
District for a permit.
Commissioner Anderson stated he spoke m either the pmpmy owner or
his developer. Hereforred them to the Flanning smf(et that time. He
rated the applicant's concern wee the[ ho did not have access le the
properly. He ragaestad Ne attorney or sta(fro explain the access.
Discussion was held regarding access Yo the property.
Corn er Maingor eted this ea hadaflooding problem. He said, if
by minigat~ort process they wereto reduce the oapebiliry ofNie erne to
hold the water prese,uly coming in, avd by development increase the
amount of wa er going in, it would create more o[a floading is uc
Commissioaer Holt inquired as to why the BOA approved the variance.
CC 10-04-04/246
Mr, Size explained, the Bavrd of Adjustment hue every specific su
ofcriteria Nal includes five squired Endings. They evaluate lheoverall
and dote whether the specifce wd how Ote
code affects Ne pmpertY to create a hardship that would oNeru~ise
prohibit the lawful useof the property, lie reviewed the five criteria and
the requirements. Ho vdvised the Planning Division stallre<mnmwded
approval of the variance with conditions.
Mayor Bundy stated ha would be inclined not w consider this until further
intonnation is available.
Deputy Mayor Sackett stated Nere were too many unanswered questions
vnd Nc pity could not afford to spend more money on (loading issues.
Commissioner Anderson concerted more infomration was needed such as
what is the deeded access.
Mr. "faylor rowmmended, as a quasi judicial hearing, the Commission
should open public hearing to allow due process.
Diecuevov ensued.
Mr.Tvylor oanducmd the swcariug in of wtmassas.
Discussion was held in regazds to whether Neeppellant was e
substantially affected permn.
Mr. Taylor advised if the vppellent was within 300 feet of the property line
and she was oonsidued mrbs[antially affected.
G E M ,Esquire, Appellvnt's Adarvey, 100 West Ciws Stree4
euNonzed representative to the appellant, reviewed Section 423 Wctlaud
Prolectioq from Ne Longwood Developmetrt Code }[e said this propaval
violates all of the items as listed. He wen[ on to review Section 4.5.0
Flood Plains and Flood Zones. Fle said it would be impossible to maintain
No natural hydrology ofthe development site, as stated in Section
4.5.2.A.2. Hewevt ov to referewo Suction 4.5.11 Declaredan of Public
Nuis and Snowed the property on dre flood insmazice rate map stating
nedefined as a speoivl hood hazvrd area inundated by a l00
yoer flood ~d the bascllood elevation has been determined. He said, in
going back w the coda, the n clam s the overall goal
to provide for protection ansd co anagement of ve ual
oral ly sensitive tenets within the Ciry of Longwood
corder a [he li ghest evviromnentallyquality as posalbly He avid
Nat Policy lASVtated die City Commission shall renrict the development
and/or drainage ofwetlands, unless it can be demonstrated through
competent, mchvicel investigations. He said, by general zoning law, ifyon
cc lo-oa~aan4~
ate yow owo hardship, you are not untitled to a varianw. He reiterateQ
when the propeny was purchased, it had no access and They now wanted
the city m create an awes for Nem. Restated this was pmhibitea by the
general caning laws of the State of Florida He edvlsed therewes a Florida
Stet ether allows for story rightuf--way. Ha reviewed Article lX,
Sec on 9.2.0. He smmdsNis required the Board of Adjustment to make a
rnamg ana mom it i.. n,e rewra. He awmred mss was not aorta ana reaa
fiom oript of the m ring. He requested approval of the appeal ana
said more evidence vnd date needed to be presented by the applicant.
Do rna C'mi to, 920 Alberta Street, Appellant, reviewed photogaphs ana
said Nerehad bee no disc regarding the wildlife is es. She spoke
n opposition to the varieviceapproved by the Board of Adjustment ana
sorted there was en crzor iv Ne approval. She stated Nis was once a large
body of water and Ina official name is Island Lake She stated, it shored be
nsidered a lake and would fall under Section 4.3.2 ofthe Longwood
Development Code requiring a twenty-five (25) foot buffer. She declared
and wildlife, .vhen compared to the noise and smells of a
busy indusririel perk, wonld be a better enoiw. She ease Sandhill Cranes,
Gophu Tortoisos, River Otters, Wooa Storks and Hald Eagles have been
en by many of the resiaenfs. She reviewed the 100 year hood plain
obtained from the Smninole County website. She reviewed Sectiou 92.3 B
2 of the wde. She stelae the lake rises when there is a lo[ of min and
floods a section of the back of her propeny. She stated the mad would
alto rhos tial chvrveter of dte area and eu industrial park would
dim'nish their propeny values She requested an environmental study be
wnducted befere making a decision on the application. She stated a page
on the city website shows Ne Board o[Adjostmwt to be a five (5)
ember board of airy residents with tlu'co (3) year terms. She said rho
Board ofAdjustmsnt meeting August 2s, 2004 only had three (3) board
embers in attendance so she can enly assmne all regnireinents were met
and there was a quorum. She read from Section 5 of the conservation
element feat references water wells and prof n oCNe ground water
ea. sae amtm almnat all reaiaema sale t~~ ro me lake nn Ino sontn
side have wells. She neknowledged the lake nos renharge capability and
has and butt m. Site smtea, althougn the becks of their pmperry is
nedsagricnlture esideutial. Shedeclared thecloan weteracf
allow nchment Info wUlands only far vary limited purpos s. Sho
had a petition from No residUtts from noN uninwryoreted Seminole
County and the City o(Longwood signed by approximately fi0y-eight
(58) people.
Mayor Bundy pointed out the Jana auoss the Take t m hu was desigteted
as industrial.
Pallas Brvan Sm' h, 444 Oakhurst Street, Applicant, said there were no
residents Nat lived within 150 feet ofthis property the variance was being
requested for. He questioned how they could appeal being they are nut
CC 10-04-04/248
within 900f t. Ha said they were originally upsat because they did oot
receive notili<ation.
Mr Tayl¢r advised if the overall property being developed was within 900
fe¢t [hen they would be aabslantially nffeered.
Mr Sn'th stated they w only asking for a variance ov the one parcel.
He pointed out parcels oorthe map that moos deed rzstdetul. }te said th¢re
no lovgu an entrance to rho south. It was given back whey a easident
asked (m it to he vacated He stated the way the property b¢cmne land
looked was in tlte'/0's when Mr White owned the land vtd requested the
land use of one parcel to be chstged to indns dal end the¢iry changed all
of it to industrial. He stated d»e chevge loft the Iavd with no entrance
ceps through aresidential ar a. Hes aced this problen ated
by the landowner, bat by the sty, in erzor, changing rill of tl e parcels to
industrial. He advised thus was en access into the property from ev
ant by R.J. Associates. He snid theonly problem they have is [he
nt of land they would have to impact in ordu to came
ttmight neTheyareasking(or the minimum omopnl requiredjvst to bring
the road in from Savage Contt which is twisty-four (24) Ccet wide. He
wed an intiared aerial maP dam ring the vegern and
wetlands. He stored all of their mn olf wtill be retained In their own
ention. He svd Noe as currunly illegal canals that dump water Eom
the surropndingnreastnto theiekc
Discussion ensued regarding the canals.
Mr. Smith stated their pcojc¢t would help prevent the current run off. He
pointed out the area they are asking far tha vndevce has gone from
wetland w vpiend iv the last ten (10) years. He said the property had
access when pwchesed.
Ian Browq 613 Lake Avenue, Applicant, said ha was represevtwg
Optim m Devolopmevt. He saiU they haveheard a lot ofoppos to the
plan bee a the on has of been fully explained. He said tl ey w
trying to make adevelopment rice working with resid¢vts avd wiN¢
the city. He said thus was more infomtntion needed that they can provido.
He acknowlrAged they mould not go to the St. JoM's Watu Management
Dism and seek then scary inform on the city needs t make a full
devision as the Longwood Uecel¢pment Code prohibits Yhem from doing
rota w;mom n,¢ vadanca.
Mayor Bwdy stated they needed to have more infomtation providai. He
said, sinoe the vadancewee appealed, it wonid be required to be approved
by the Commission.
Cornrtn er Mdets said the Commission world not be able to make
a gva116ad deumon wiNOUt the [undamcntal questions being answered.
CC 1694-041269
He stated the properly owner has rights to develop the property and Ire is
asking for the variance in order to be able to develop the properly. He
agreed additional informat~ov was needed to make an informed deaswn.
Mr. Taylor advised that this n appeal and the Com scion needed to
look at what was presented to the Board of Adjustmenrm
Com er Maingot eted the applicant needed to address all the
points h ought out in the development node by the appellant.
ham. $mllh said they had all the information availablewhert presenting to
the Board of Adjuvanmth but they were not asked for fire additional
information He asked if they corild reanbnrit ifthe Commission denied file
Mr. Taylor snid they could resubmit, but thore may be a time home
Gres Drummond, 960 Alberta Street, said he wanted m respond m tlvee
(3) of thcquestions. Onegnestion was why the righ[bf--way was vacated
and abandoned from theparcel south to Albene Street. tfe void when
Longwood proh3ited adult entertainment to industrial areas; he purehased
a buffer betty n the residential and indns rial property. He said his nt
eitbu sell the property os the lake was developed, or develop me
Imusing Cor the developmental ly disabled He divenssed Altamonte
Springs annexing property ttp to this area. He said the property wan
aced and abandoned which is why there is a hardship. He urged the
Comm o obtai copy of thevacation and abandonment and a copy
of the City of Altanonta Springs ennexationa
Tim Fierro, I3]1 Seminole Avenue, said he waz opposed to the variance.
He said there was flooding on a daily basis in this ass. He stated that
Setninolo County monitored thewater in his backyard every thirty (30)
days. Ais homewas built eighteen (18) inohu above the 100 year flood
plain and be has flooding. I{e said the wiltllife was in the area and this
plan would ruin their Habitat. He said he would like to see the restrictions
the city has on retention ponds. Ha sold mitigation would not resolvethe
hooding problems.
ton Sehr I z, 1350 Seminole Avenue, stated he opposes the variance.
J~ i. Al ton Il, 305 Allison Avenue, stated he was in opposition to the
Sam Kendall, S 10ltemtits ]toil, said hewas e memberof the Seminole
Audubon Society, rood a tartar imo the record written by Faith Jones,
Previdwt ofSeminolo Audubon Sueiery, opposing the variance kfe
pointed out on a map an area the St. John's Water Management District
has designated as aigttifieant bvbiteL
CC 1004-04/250
.le Ro ,Esquire, 1501 Pearl Sreu, raid Ite has owned property on
Island Lake since 1984. He said his first objection was improper notice
He said any time you are impacting on (he wetlands vll people affected
ust by notifed. He said he was one of the substamially effocted
I omeowners. Ae objected on the baeiz of flooding. He said the north end
as v Seminol<County drainage basin. Ho styled whwt he vvcated a
n off Pearl Street, vs part oCiris reyuirement of the application with
Scem~role County he was requiad to give a fifty (50) foordminage
th Her awed the street flaw oflhe wax lio reviewed pict es oC
tl e back oCitis property. He declared mere needed to be hydrology studies
conducted with this paniculer developmean. lie also rekrences rite
wildlife in the azea.
Coimnissionu Mvingat moved to extend the meeting pest 10:00
pm. Seconded by Deputy Mnyor Sackeat and carried by a
Commissioner Holt left at 10:04 p.m. vtd retumcd at 10:06 p.m.
V'nce l~OBmte 1231 Arden Stre said he n oppos ome
e. tie s etod the ovd was paved south of the lake ho 1 ad dealings
with St. lohn'stwater Management District. He said the elevation did no!
run dawnwnrd to the soutl>; it goes downwvrd to the north. hie said his
property Floods and had to put sandbags by his front door during the
hum s. Hesaid any developme in me area will affect his home. He
ht
said II~BOA was not acting in the publics' intuest by approving this
ce. He stated he was not convinced that Longwood had more
stringent restrionons man me st. mnn'a water Amhodtr.
Earl Adams, t011 Alberts Street, requutcd thv Commission approve the
appellants requost to deny the variaztoc Hewggested the Commissiov
msvuG the Board of Adjustmwt Io adhere to Ise code.
Allison Anderson, 1010 Alberta Street, stated she opposed the variance.
]ohs L ~, 1 125 Roxhoro Road, inquired what kind of funds the
developer has iu place in case meir homes aredamaged. kle said na would
Ike some gvazantees.
Trey's Mero's, 1150 AI6or1e She W, stated hewas in opposition to the
Darzell Leidieh, 336 Lakeview Aventue, said he owoed Mohawk Canoes
and have bee in Longwocd for a long time. He said he was on the
Seminole Natural Lands Advisory Board and has suggested to the Board
that [slmd Lake be preserved as natural laztd. He opposed aztylhing filling
CC 10-04-W/251
wetlands. He proposed the City of Longwood or perhaps pmate money
be raked to Pumhnse Ihls land and preserve the wetlands.
CI azles E Ho ten to P.E.,1001 Alberta SYeaet, pointod out the pmcel
that was United Parlcel Sorviee properly and said it wasjust ovu200,000
square feet oC light industrial. He said the proposetl property was 300,000
square[ t, He said he Cound it herd to believe thue would be oo lrzific
impact fiom Ihia He slated thedisservice by the board needed ro be
corteeted.
Leiesa Bcar, 1 111 Adams Street, said having the wetlands in her backymd
s a legacy anyone should be proud of. Slra said if i[ is compromised ii is
token away fiom their children and mould not be put book. Sha said the
appellant raised tremendous points and if overlooked it would be a greater
grievance. She urged the Commission to consitler all that has been said.
Deputy Mayor Saakail moved to approve the appoel ofthe decision
of the August 25, 2004 meeting ofthe Board of Adjuetmenl,
thereby reject the previous Board ofAdjushnent approval of
Variance 10-04 as presented al that meeting. Seconded by
Comnnssioner Maingot and earned by a nmuinous roll coil vote.
The City Commission recessed at 10:21 p.m. and reconvened at
10:32 p.m.
il. RECUI.AR BUSINESS.
A. City Administrator recommends (he City Commission review and
disenss [he bias benches contract and take actimi the Commission
deevis appropriate.
Mr. Taylor euid when the agrottisanl with the Jaycees came up for revewal
tho City Adminishetor sent a Teller stating the city did not careto review
the agreement He stated conversations and meetings with the Commission
took place with Mr. Denny Emory and an agreemnt was reached Nat the
benches ilvoughou[ the city with exception ofthose on Highway 1 ]/92
would be removed. He advised that a new agreement was to be prepared
stating the benches on Highway 1 ]/92 would be kept and the area
ained. He said under the original agreement the city had Ne rigJst to
regulate the quvvtity and tho oily coulA require the benches ba removed if
of located for the public bavefi. He advised this agreement requimd the
city to give e thirty (30) day notice to temtinate ilia contract. He stated the
nt of insurance under the old agreement was inadequate w protect
Ihe~ ity.
Mayor Bundy stated tho coutrut waa originally with tho )vyoees and h
appeared the contract was going to be extended to oNer organizations.
CC 10-04-041252
Mortis Richardson, said he was here to speak on behalf ofMr. Fmory. He
said Mr. Emory was not trying to negotiate a new contract. He said Ihere
t vying to be forced upon Irim. He declared there was e
valsd and b ndingeeonvact in effect. He said the convent was for art initial
rm oftwelve(12)yeam and then sthweafler ally as long
as the conditions ue satisfied for periods of twelve (I2) years. He stated
they w o the and twelve (12) year period and wvs an
ex~acng~ Aud rA~ttrant aw
Mayor Bundy stated one of the temrs of Default.vas failure to meimain the
nand the benches. He said at one of the meetings Mr. Et»ory was
prescrtt Cor all five Coinmissioners.vrse an record stating it was not being
wined propeely. He asked the Ciry Avomey if it was not ascenxined
thecontract was temrinated.
Mr.7'oylor tared thnt Mr. Panory agreed the c acl was over and he
pulled all the benches on State Road 434. He advised it was his opimcn
Nerewas not v wntrnct.
Mr R <hardson stated thw~e .were various specifc notice provisions under
thewntract and he referenced parvgeph eight (8) that states notice must
be soot by registered mail to the principal olrces of Metropolitan Fleridu
Iaycees. Ae said a@ar proper votiwthe service eompanY has thirty (30)
days to vorzwt the delLUlt. Hestatod thecity was legally bound end any
awon taken to terminate the conlracr was a breech of the wntm<L
Mr, Saylor staled he failed to mention in his opening statement that the
original convect only allows the benches to bo placed on state, county or
local roads and 1'1/92 was a federal hiKhway.
Comm er Anders rated a lot of people do use the benches at the
bus stops' but the city w s adamant tlrat there must be Proper maintenance.
He declared they hev eived them eHe said the city was
willing to give a sewnd~hance anU would Tike a new agreamwt signed.
Mr Richardson declared they were being asked to give up their legal
rights underalong data and being offereda ontract witha
neyear rm. Hesetedtthey wmald be glad to negoti to anew wntract if
they own satisfy the both pontes.
Discussron msucd.
Commissioner AnUerson moved to allow sixty (60) days to
neKOtiate a eontraot and iCa contraU is not roached, than i[ Domes
before the City Commission. Seconded by Commissionu Maingot
vtd serried by a unanimous votes vote
CC IO-04-0 412 5 3
B. The city Aamimamdor regne . me aty commiaamn rewiew me
iced Com 's Rulessantl Procedures and give statt
appropriate diresetimtr
Commisaioner Avderemt moved m table tfiis item to me next
meeting. Seconded by Commissioner Holt and coaled by a
C. City Administrator recpmmetms the City Commission nppro can
ogre tt between the city and me Coventry Homeowners a
Association to receive polire patrols on a regular basis.
Com er Maingnt moved ro approve the agree tit between
the citysand the Coventry 1{omeowners Association. Seconded by
Commiseienm~ (dolt anA carried by a nnanimons roll call vote.
D. The Ciry Clerk recommends the City COmmissinn read by title only,
set October IB, 2004 as a puhlie hearing date, and approve the Brst
reading of Ordinance No. 04-t]2J opting out of the early waling
requirement.
Mr. Taylor read Ordinance No. 04-1]23 by title only.
Commissioner Maingot moved to approve at tint reading
Ordinance 04-I ]23 and set October i g, 2004 az a public hearing
date. Sxonded by Commissioner Holt and carried by a unanimous
roll call vote
E. The Planning Division of the Conrmonity Services Department
mends the City Commission review [he Sim Plan (SP t]-04) to
oostroct a new 6anemary 80,152 square feet) anU Children's
Sunday School Building (IOy4d square feet) for Northland
Community Church located at 530 Dog'frack Roatl and take action
the City Commission deems appropriate.
Mayor Bandy stated this was aquasi-judicial hearing and he reviewed the
procedures.
Commissioner Maingot left at i I :04 p.m. and rammed at 1 I:OE p.m.
Mr. Size rc stated Ibis has been an ongoing proaaes. He mid the
applicant wmPleted a CAPP meeting and snbmited their report to staff.
He advised the site plan hoe been through several staff reviews and theee
haveboe only a few changes. Ho r awed the to plan and the parking
as. He said the church abuts residential and required Commission
approval.
CC 1004-04/256
Mr. Miller pointed out that [he sanctuary had been moved closer w the
roadway than originally proposed.
Commtssroner Anderson disclosed his ex-pane commumcauove.
Deputy Mayor Sackeu inquired how tunny wrtent entances and rails
existed.
Mr. Miller Pointed out the mnin enhance end stated it would requir
traffic light. lle pointed out four in total on dte situ plan. there arse v
cunen[ly two ur¢ances/exits,
Commtsstoner Holt asked ifihe entire project would be mquied to be
wmpleted Drior to receiving fie certificate ofoceuparicy_
Mr. Miller stvtad they would ba requesting phasing dtcproject.
Mr Sizemore advised the project meets tha'/S% Impervious Swface
Ratio.
Mr. Drago stvtad there were nvo (2) CAPP meetings held and the site plan
was revised taking into consideration all inpm ham the meetings.
Discunion was held rogerding the parking.
Mr. Miller awed the steft'covicems and styled one coveem was.vitlr
the artiwl Lion. He stated another wvicem wns with matching thecolor
pallet. He advised they Iruve selected colors f om the color pallet, but from
several of the groups. He addressed the ertioulation of the building
Mr. Size rated staff's imerpretatton of antculation differs from that
of the arch~eet.
Me Miller reviewed rwtderings of the building and discussed the
articulation of Ibe building. He then reviewed the siteplan.
Mr. Taylor conducted the swearing in of wificsses.
Discussion ensued regarding the color Dallet.
O.wsv Amaninq 530 Dog Track Road, member of the Hoard oCEldea,
requested approval of the site plan as preserved. He inwduced Damty
Gordon, Architect, Mike letmon, Project Manager, and Connio Owens,
Civil Engineor.
Dannv Gordon I I l 1 Greemvood Street, stated whey the buildings wue
ved forward at the reque t of the neighbors; the existing building will
be dentoliehed. He said when you are talking about aniculatlon; you must
CC 10-04-04/255
also consider the scale of thebuilding. Hereviewed the scelo and the
atticulation of [he proposN building.
Mr Antan stated the building was moved just undo 200 feet awny
from the residential ales.
Dis<uss~ov ensued.
Connie Owens ISI3 Grnae Luke Circle, stated this wonld be densely
landsouped with trees
Mayor Bundy said one of the major concerns was what the residential
areas would he viewing from the rear.
Mr. Size e advised there ould be a required buffer berneen the
residenfal and wmmercial areav.
Mayor Bundy azked if a fence was required between the residential and
vommeroial.
Mr. Size staed they would not be required to put in a t nee as part of
the buffer~ore
Mr Amv said the alutmh has addressed the issues beyond what was
expeGed ofNem.
Mayor Bundy ageed they have made a tremendous effort. He stated they
would like ro avoid the big boxetl look fiom the rear in some way.
Discussion was hold eegarding the finished wells ofthe building.
Mr. Amani said Nay have demonstrated an ability to work xith stag
and were capable of making averyonehappy regarding this projeG.
Donald Hom ue, 400 Pinto Place, said he would be seeing everything
from his home. He inquired what type o[roofwould be on the building.
Ho sorted he was <oncemed about the size of Nebuildivg. He suggested
this building he in an industrial area.
~jpp} Seda,'!20 Mutdez W ey, stated Ne building meets Ne height
requirements. She said the homeowners were happy Ne church agreed to
ve thebuilding She suggested a livedeslgn drawing might alleviate
concems ofNe residents.
Commissioner Maingot moved to give provisional approval,
subject to the church incorporating in their revised pres oration to
tha pity Ne dogrees ofeniculation and Na variations in enioulatiou
covered and qua Woos relative to the color scheme and/or pallet
CC 10-04-04/256
being utilized en the building Sewnded by Commissioner
Anderson.
Discussion was held.
Mayor Bundy moved m amend dre motion to provide that no
arced until the Commission has signed offov this
projsect ~ Seconded by Commissioner Holt and carried by a
nven:mous roil call vote
Main motion cartieQ ae amenduh by a unammoux roll tali vote.
Ir. City Administrator reeommentls the City Commission review and
discuss an opinion letter relative to the 19961ease agreement between
the Gry and Northland Community Church, nnU mke action the
Commission deemx npprapriate.
Mr. Drego slated the City Auomey had discussed thv items tent were
significant to the loose end the qua teed by the Commission andihe
residontx of Columbus Harbor He said tl e City Attorney was able to find
a Flondo Statute that put the property in the possession ofthe city. He said
dre question before the Commisxiov was what pert of the property the
church wetted to lease and whether ihn city desired to lease or sal I the
property.
Discussion was held regarding the properly fie church desired to leave or
purchase.
Comm er Anders aced drehot made their ce heard
endw to pros mrU keep the trnea HO Said this con be pteserved and
the ehmch has whet they need.
Discussion wrsued regordiog selling a portion of this property to the
church.
Comm er Maingot oved to direct the City Attomeym
prepare then ssary doe sell the portion of the property
that has beene~dentihed es the pot on the enuroh roquir end the
city retain, as a park for fiume development, as identified ov the
siteplan demonstrated this evening. Swanded by Mayor Bundy.
Discussion wan acid regarding [he Clry Adnunisaator meeting with the
nmm~n m deletnine irws pntfnn annarea Inca neeas ana treat with ton
nomeownerx axnnnmhon.
Mc Drago stated that real estate was up to the sole discreaion ofthe
Commission.
CC 10-04-0425'1
Discussion was held.
Commissioner Meingot withdrew the motion.
Comn er Maingot ved to direct the City Administrator to
Raise w9th the City Alwmey and also with the <imrch and the
Trot ov to dotermine tho aomnl eegmc t of the
property chat now its in the hands of the city, acwrding to dte City
Attomrry by the terprGalion, and to come m e clear
unders ending as to who wants what and to come forward with a
formal recommendation to the Coimniasion for hnal resolutioq be
it the sell of the portion ofpropetty assuming thechurclr is
eared in baying it or being it a lease developed for that purpore
ortne Comt oordingly. Seconded by Depnry
Meym' Sackett atnd cartied by a unanimous voice vote.
12. CITY ATTORNEY'S REPORT. No report.
13. CITY CLCRK'SREPORT.MS. Mijaras inquired if[ha Commission desired to
hold the Town Hall mewing in the G'ty Commission Cha,nbers or in the
C mmuniry Rvilding.
It was the eartaavsns ofthe Commission to hold the Tawn Hell meting in rho
Community Building.
14. ADJOURN. Mayor Bundy edjvumed the meeting at t:l2 am,
/NZ t/
Ha o tlG. 6undy, 3r ayar
AT1'GSpT:
Sarah M. iwtljares, City Clerk
CC 10-04-04/258
EX I~AH I E COMMUNICATION
I)ISfLOSU1tL
Ua~c Oc~ober b,?o0a Name: Dan Anderson
Pmjec~ T'onhlvnd Communiiv Church S9nemary
I oce~ion: 530 DoN Track Road
oo o,d.-ulacl zoos. me anaersihned e~nemd i~ao an e. I>uru~aonnnmaem~on wpm
Robert COmm..~hose uddeess is~ll Par bolo e.v ~Vav. who isasobstamiolly alieeted
person -I've ar I e ch ~rGt - Frith ryect m the above rcl'~xrnced project
The follordn~ con.~erm~ion tmnspieed and is hereby disclasetl and made a pare of dta
.curd:
Me. Corum eameto my house to ask if I knew what the church's plaix were end to tall
me his (end other's) eanecros.rith the church's presentation of their plans, as well as the
impact of those plan tit his hm and neighhothaod_ I gold Mr. Corum l ~.ould mezt
vith she church ~o date xtheir Dlans.eom~e}~he conanvs of ~hx neighhot end repon
back to Mc. Comm and his neighbors
10 y
~ - - -I_ oy
Signnma ~ Dam
FX PARTE COMMUNICAI'I()h
DISCLOSURL
Dare: Oc~ober J_2004 Nemc: Dan Anderson
Projem;. Northland Coininuniiy Church Sancruvn~
Lov~miov: Si0 Dog Track Road
~arly Narch ?f104, the undersin~rcd cn~n'cd info vn c~ Paitc minmunicviion r~i~h
II d Apr end ~1'ke I cnn~ , rvhos;~ vddass is ii0 Doav~ cL liovd, Limo is ul'lilia~ed ~~ith
~Ae abon~e cef need project as its fee'l' 'ev D re ~ nd R 'Id'np/fne
J3~i~nre na e-rr~i~h nspecrro ~hc ebo~-e ref need pr jnci.
'the tollou'inp mnvorsnrion ~ranspircd und'u hereby di.cloxd vnd made a pun of rho
. mrd'.
I syoke ~~i~h Bud Apr und -_U~ike Lennon vbou~ the caneccre of'~he neiphNon Frith ~hc
churcli s plans and she nciahbors' unzaxc ~sirh ~ba loot of ~hc church's pros ~ of
those plans and ~hc s~a~us of she Imsc propctty. 7 asked Mr. Apr to clariljcihe el~veeh's
'.. Flans in order to avoid cn~tiusron berw~c.n the neiyrbors and she church.
~) a~ ,,~ / l Z~ z ~ /vI ti
s~~nn~nrr + Dm~
Ex ~~.aarr. co~muNicanoN
I)ISCLOSURL
Dee: Ociobzr 9, 2003 Name Don Anduxon
I'roiec~: Nor~hland Coinmeeity Church Snnc~uory
I,oeniion: 5~0 Doc Tack Road
On m'd Ma~cM1 :AOa. she unde~sised enicixd ii~m an ex pane evnimimia~on ~.iih tiiid
Aot and lR ch~ rd ia~l ~r. ~Hiosc adtlross is 530 Doa ncA Ronii ~.~ho is uttiliavd ~~iih
~~e abo~--~ rc(erenoed ~mjeci .is its Facili~iec Niceunr a d (C'n Ann uvl -~vi~h nspm
to the above re(venceA projcn.
the fallo~vinp eonve~seuon ~rnnspired and is hereby Aisclosed rend made a pen of ilia
record:
~aehem e~,a i svuae ~~;a, aea np~ reynm~e~ me ceien~~un~~ be~~~~ee„ meeneRn~~ rae
pee aea one masea p~e~en~. we a~seesrea me e,~m; ~ eeea roe mo n,oe~- ~~ "=u e~
.~-ne~enee sme en~~eh m~mn bz able ~~~matie ~o mem ~~~e viee ~reen:de Re~er~ne
r, leased propv~ry ~e~ue rem ~a~~eiluble. We walked the ~~ropcr~~end dixcov~cd chan~cs she
churcli'indieeiei ii .~enid io mnke'in or~iT to sntisfy ~ha neigikwrv-
d/ate„A G~- iow~oN
s's~ e~ ~ u;ne
[X PARTL COMMUNICATION
DISCLOSURL
Deie: Ottober 4, 20W Name: Den Anderson
Projen: Nonblaud Community Church Senauary
Location: ii0 Doe track Road
On nid March 2f10J, she uudersi~rcd anlc~ed into an ea rule communica~ion r.i~h
O - 1 6 d P' J ~I H '_ rltose address is ~to Dogvack Rn d. rNio ore
efiilia~ed .riN the above rzf eneed pr jeer es sb icl cldrr~ d~ri .vuh
respect to the above aferemeed projmi.
lire following aonv-orsetion vaisspired unJ is hereby Jisclos~ and made a pars ofdte
i«ord:
Mr. Amanine end hlr. Huver>hamd Their concerns chat they might nod be trenicd Poiry-
b~ cif s~affand the neiv_libors. 1 assured them that the city r.ould tren~ ahem fairly cadet
die lew. She.' Shen shared ..iih me their unders~anding of ho.r~ ra-rongly things hnd been
p. otad io the neighbors and horsehey intended ~o fx Thai communicn~ion. They-
alai shared tltai"the bull hvd fwcn dropped"on ~heir.ide nud ~hc}were working. ~o make
sure diet' addressed ~hc mncerns of the neighbors.
t
tiignawre 9
~x PAftT~ COMMUNICAtION
D~scu}sua>:
Dace: Ocwber 4. ?001 Nmic Dan Anderson
Projxct: Northland Con ~~~ Church Sancninrv
1 ocnrion: 5~0 Doy T~ncA Road
On n d March ?001. the undirsiynd enizad in~o un er Flnne minmunicorion ~~iih Jn} ~
.f~lacl:, sxhosn edducss is 531 Omneda Way%s.1io isa subsivn~ially aliecictl parson-~_
i c I ii wi~6 respcn co the
ulwvc ref enced p~vjeu.
I he following conrersuiion ~ra~ I and is herehy dixeln W and made n pnn of~hc
rvcord:
Mr Sleek cam n~ house io h ern n~ the church's behn~~oe and w
discuss their sire plno and she I~ .:d properi}'~c
LX PAR'I'S COMMtJNICA'IION
I)ISCLOSURL
Date: Octobee 3.200:1 Name_ Dan Anderson
P jeer Northland COmmuniry Church Senctuory
Location: S30 DOp "frock Ruad
Dn mid to la e Marsh 2(IOA, the und~rsiynod ent<rr4 into ex Pnttc commoNutions.aith
t~m Se'ben lack timnhors e d R'ck Kn ah. t.hosc atldrenes are 32o Isahell~ Dr i31
Isabella Ur.. and t41 Columbus Circle, t~ha arc a,ulurantially nt7tt~ted persons - ~ ~h
i H or h d m~ntb i of the I i -~titlt respect
to the abot~to(er~ncetl project.
The fol IowinE con~eersarions vonspireA and Is heab~~ disclosed and made o patt of the
rmord:
I con~aa7ed wch o(~Aom gentlemen svpareiel}~ to share my findings from disetusions with
the church. tVe dueussed the tensed property. the site plan. and the cir~~ process for
dealing with site plor~.
_ ~~ ,ate
Sigwure ~--_-- Dare
1=X PAftTE COMMUNICA'I ION
DISCLOSUNE
Du4_ Oceabcr4. 200A Norte: Dan ~nde~son
ftgie=c uonmana co.mnunne a,ntat saoe~aa~-
Location: iiO Dog Trnck ROad
On late M~~reR20115_ the unelersigned eneeecd into an c.~ pane communicocion widt
n_t251NP1. seho aca n stebseantiolly affaeced pe~rons-eocF I've ' ~ ('olt mbt c Harh r - ssith
respeet m the nbovv mferrnced prolec~_
l'Ise follossind cony ersacioe~s wrtspireei and is Itereb~ disclosed end made a pan ofehn
acoN:
At a public meucin¢. ¢ getup of homeoss~ners presented their.~ic.. of the churclis le
plan, its pocentivl impose on their propcnies, acid possible caucses of action- I spoke
lollopring their prescnwiion mpartlind thz sier plan and thx based propene. w clear up
C .mete issues and sha~c the city's process for do'aling.rith siee plans.
ti ~'nzture ~~ ' Da~b~
GX I'AIYff_ COMMONICA'IION
rnsc~osux
Dvic~ October 3. 300J Name: Dnn Anderson
Rmjea: Northland CommuniYp Church Snncniary
Locution: 530 Uug'I'mck Road
On early Ane I and la e M~ v 2110A. the undervi?ned cntcrctl info an ~s pane
with ~rure Novrg. whose nddres,'is 301 FerA'n~ td Dr've. tuba isa
subsea i al _s,alTetted person - livec in Colu rf+uc Iinrbn - .iih rispett w the abo.c
a~fereuced pi ji"et.
the tollovitu eonscrsaYion transpired and is hereby disclosed and made e pen of the
record:
Mr. Novel and 1 discussed the ehurcli ~ stz plan and iv potential impaec on the
ncighdorhood At a laser date I dlscuascd Mr. Noyes involvc~nent ss~idY the church as it
ough~tn Mai to plan xnd dt.!success oldtat involvement in mitigating the
nelghbnrs'roncems with dto church and iYS site plnn-
s~ane~nrc