[Music] oh oh [Music]
good evening this is the March 5th 2025 seal County Planning and Zoning Commission meeting please stand for the pledge of the legion pled alleg to the flag of the United States of America and to the Republic for which it stands one nation under God
indivisible with liberty and justice for all this board is a seven- member board appointed by the board of County Commissioners a quorum has been established to hold tonight's meeting public hearing items acted upon by this board are referred to the board of County Commissioners for further
consideration board members present tonight are myself chairman Mike Loren um I gu we're missing Tim but uh commissioner Dan Lopez commissioner Caris lahan and commissioner lordis
aguer staff present tonight are Jose Gomez development services director Jennifer Nicks assistant County attorney Vladimir simanowski development review engineer manager Joy JS principal
planner Kathleen aagar planner and Tammy Brushwood pnz board clerk tonight's meeting will go as follows staff will introduce the item the applicant will present their item audience members wishing to speak will
then be heard audience participation requires each speaker complete a comment card and give it to the clerk the comment cards are located out in the lobby please indicate on the comment form whether you would like to make oral comments written comments will be
accepted excuse me speakers should restrict their comments to information directly related to the items being heard when called speakers should approach the microphone clearly State their name and address for the record the board may ask questions of the speaker after all speakers have been
heard public comment will be closed the applicant will be given a chance for rebuttal any items shown such as videos presentations pictures or Maps must be left with the clerk for public record items shown from Electric devices should be emailed to the
clerk a motion will be made and seconded board discussion may occur and conclude with a vote I will request a roll call vote for any split votes all right let's get started um first agenda item um is proof of
publication do I have a motion motion to approve second all those in favor I all right motion passes next we have an approval of minutes do I have a motion motion to approve second all
those in favor hi I all right passes let's move on to our public hearing items Winter Springs Duncan PD major Amendment reone good evening Kaitlyn abgar planning and development services the applicant is requesting the
approval for a rezone from PD plan development to PD plan development to allow for a restaurant with a drive-through facility located on the northeast corner of redbug Lake Road and DOD Road the existing future land use is plan development and the existing zoning
is PD the current PD is the zom development red bug Lake Road plan development the subject site is approximately 0.51 acres and is located in commercial tract 2 in the North Parcel of the existing PD the site was
previously developed as a bank with a drive-through facility the applicant proposes to redevelop the existing site from a bank to a Dunkin Donuts restaurant with a drive-thru restaurants are permitted however drive-through restaurants specifically are not permitted under the existing
entitlements the existing PD is approximately 50 acres in total and consists of a mix of uses including multif family office and C1 retail commercial uses the current request only pertains to the subject property and not the entirety of commercial track 2 of
the existing PD the proposed amendments to the PD specific to the subject property are as follows the development order and developers commitment agreement specify that drive-through restaurants are not permitted this request proposes the use be allowed on the subject property only
the hours of operation are currently 700 a.m. to 11:00 p.m. the proposed hours are to extend the morning hours to 5: a.m. the Land Development code specifies that PDS should adhere to the greater benefit and Innovation criteria and remain consistent with the comprehensive
plan as a summary the benefits of this development include the contribution of development aimed to Ser serve the large residential population surrounding the area the proposed development is in close proximity to the multif family component of the subject PD to the north multif family development to the west
and single family developments to the north and east thus providing a higher opportunity for pedestrian accessibility to the site the proposed development is also providing bicycle parking which contributes to the multimodal transportation intent of PD zoning
the site is located within seal County's utility service area and is currently connected to Water and Sewer 30% open space will be provided on the subject site as required for the most recent approved developers commitment agreement the proposed project will be required to provide a 15t wide buffer to the South
abing Red Bug Lake Red buug Lake Road DOD road is considered a collector road which requires 15 ft um of buffer based on intens it of the project in accordance with the seminal County Land Development code the subject site is part of an existing shopping center and
has access onto DOD Road and red bug Lake Road via shared access agreement the Public Works engineering department recommends the developer install a curb at the northeast corner of the subject parcel the curb shall be installed on the Walmart Side Drive aisle to create a one-way Drive aisle for adequate vehicle
queuing to the drive-thru and prevent vehical conflicts at the main Drive aisle the applicant has provided authorization from adjacent parcel own ERS in order in order to achieve this during site plan and has provided a shared parking agreement for the use of the parking spaces on the adjacent property in compliance with seminal
County Land Development code section 3.49 community meeting procedures the applicant conducted a community meeting on December 4th 2024 details of the meeting have been provided the in the agenda package thank you staff finds a request to be
consistent with the seminal County comprehensive plan and compatible with the trend of development in the area staff requests the board of County Commissioners adopt the ordinance enacting a reone from PD plan development to PD plan develop development for a restaurant with a drive-through facility on approximately 0.51 Acres on the corner on the
northeast corner of red bug Lake Road and DOD road that concludes my presentation thank you Kaitlin thank you is there any questions for staff see none I'll ask that the applicant come down to the podium I don't believe the applicant is an attendance tonight
okay hey guys see you sorry yeah hi is there anything you'd like to present or um add just name my name is Nina sting I'm the real estate manager for HC coffee group the
tenant applicant here so um just here as as representation if there was any questions other than you know yay Duncan perfect is there any questions for the applicant from the board no I don't have okay all right
thank you um we'll move is there any uh public comment cards not for this not for this one okay excellent we will close public comments then so I guess um is there any discussion or a motion I'll make a motion Mr chairman I make a motion uh to
request the board of County Commissioners adopt the ordinance enacting a rezone from plan development to plan development for a restaurant with a drive-through facility as per the following one one and only one based on staff's Bings and the testimony and evidence received at the hearing the
board finds the request meets the identified portions of the seminal County Land Development code and moves to adopt the rezone from plan development to plan development an Associated development order and master development plan do I have a second second all those in favor I
I motion passes congratulations uh let's move on to the next one it's the historic Ovito colored School Museum small scale future land use map Amendment good evening Joy Giles principal planner
for the Planning and Development Division the applicant is requesting a uh approval of a small scale feature land use map Amendment from medium density residential to plan development and a reone from R1 single family residential to uh excuse me to PD plan
development on approximately 0.12 Acres located at the intersection of West State Road 426 in James Drive I struggle with that every time okay the subject property is approximately 5,000 square ft in size known as lot five of
the Jamestown subdivision the lot has an existing 1,100 ft building that's considered a historical structure the requested L use Amendment and rezone is for the purpose of restoring the structure to be utilized
as a museum to Chronicle the history of the colored schools in the Ido area from 193 13 to 1967 the use of the museum is not currently permitted under the existing land use and Zoning the historic building was built
in 1938 and operated as a St James African Methodist Episcopal church and also operated as a Gabriella colored school at some point in time the building was no longer occupied and the structure fell into disrepair the applicant Miss Judith Smith formed the
foundation the historic Jamestown colored schools Museum Incorporated and in 2019 the foundation has since received a grant for the from the state of Florida to assist in the restoration of the building the subject site is still under the ownership of the St James Church and
the church and the historic Foundation have entered into a 25-year term lease to operate as the historico veto colored schools Museum the site has development constraints due to the size of the parcel and the placement of the existing building constructed prior to SEO
County's subdivision regul ations the structure is positioned approximately 1T from the south property line along James Drive in the um the most southern Southeast portion of the parcel due to the existing
configuration of the building the site is accessed from James Drive at the East perimeter of the parcel as shown on the master development plan the site does not have the ability to provide for an on-site parking law and the associated Drive aisles therefore one parking space space meeting ada8 requirements will be
provided on site and the remaining six parking spaces will be provided offsite via parking agreement the parking agreement provides six spaces at the St Luke's Evangelical Lutheran church located at 2021 West State Road 426 which is approximately
1.25 miles north of the subject site for the executed parking agreement six spaces will be designated for the Museum's use between the Museum's operating hours of Monday through Saturday from 9:00 a.m. to 3:00 p.m. by appointment only patrons visiting the museum must make an appointment for the
tour and must have transportation for drop off and pickup at the Museum the transportation provider will park at the St Luke's Church until the appointed pickup time due to the rightaway constraints along James Drive construction of a sidewalk along the rway is not feasible
therefore internal direct access of the ex to the existing sidewalk along West State Road 426 will be provided from the northern portion of the site as shown on the plan in compliance with Sim County Land Development code criteria the proposed
PD and master development plan have been evaluated for compliancy with the plan development review CR criteria listed under section 30.8 5.3 as follows the proposed to development must be consistent with the comprehensive plan and effectively
Implement any performance criteria that's that the plan provides the proposed plan plan development future land use designation establishes the maximum intensity of the site and supports the requested PD zoning classification the conditions of
approval in the development order include defined hours of operation a parking mitigation plan and a buffering and buffering criteria therefore staff has determined that the proposed development is cons consistent with the comprehensive plan criteria number two the PD zoning
may may be approved only when it's determined that the that the proposed development cannot be reasonably implemented through existing provisions of the code and that the PD would result in a greater benefit to the county than development under conventional
conventional zoning District regulations the subject site has development constraints due to the size of the parcel and the building location due to the unique nature of the site and the proposed use Redevelopment cannot reasonably be accomplished through conventional zoning the proposed use of
the museum for the preservation and sharing of history of the colored schools in the Ido area will provide an amenity to the community additional criteria to be evaluated for the PD zoning classification are as follows the PD must meet or exceed the tree
preservation and tree planting requirements of the code the PD shall minimize Transportation impacts through Design Elements such as pedestrian infrastructure and shared parking and the PD shall provide at a minimum 25% open space staff has
determined that the proposed development meets the criteria of the code in that the development plan illustrates a 10-ft wide buffer a landscape buffer along the north south and east perimeter and a 15ft wide buffer along the west perimeter adjacent to West State Road
426 currently the site has no Landscaping so this will be an enhancement shared Transportation parking will be provided via parking agreement and the P pedestrian connection from the site to the existing sidewalk along West State Road 426 will
be provided and a minimum of 25% open space will be provided on the site staff finds that the plan development future luse designation and PD zoning classification is consistent with Comprehensive plan and there therefore staff recommends that
the excuse me and therefore staff recommends that the Planning and Zoning Board recommend approval of the request to the board of County Commissioners with the following motion based on staff's findings and testimony and evidence received at the hearing the board finds that the request does meet the identified portions of the
comprehensive plan and moves to adopt the requested smallscale future lanus map Amendment from medium density residential to plan development and based on staff's findings at the and testimony and evidence received at the hearing the board finds that the request does meet the identified portions of the Cal
County Land Development code and moves to adopt the requested rezone from R1 to PD and approve the associated Master development plan and development order as requested and this concludes my presentation thank you Joy does the board have any questions
for staff seeing none uh can the applicant please approach the bench and name and address thank you my name is Judith Dolores Smith I live at 938 East Broadway Street oo Florida um I became
involved with this preservation um in 2018 there was a hurricane that came and I forgot the name of it and it ripped part of the tent off the roof and there was a hole in the roof for about 6 months and so I kept driving by and I was surprised that no one had repaired
the hole and finally driving by one day I said well I'm going to try and repair the hole and I did I repaired the hole and then from there I got the idea to um try and preserve the history of that church because in the church the
Gabriella color School took place also so they were one and the same there were uh six color schools around OVO normally they were located next to a church but this one is an anomaly and that they used the same building for the church
and school so um I formed a um a a um Foundation the historical veto College schools Museum and our board members of five began to try and fundraise um the roof was in terrible um repair and we knew if we didn't get that done soon
that the building would disintegrate but um thank God the um certified best roofing gave us a new roof and bought us time and we appli for a grant with the state of Florida in 2021 I think when we initiated at first they had $30 million
available and we didn't um we we our score was just in the middle and when I got home because I went to Tallahassee to defend the grant when I got home I got a letter from the state of Florida saying that we uh A legislature added 30 more million and therefore we were able
to get a grant for $228,000 we also have gotten a grant from the Florida Humanities in order to design the inside of the museum and anything else related to that we got that Grant last summer and so that's helped immensely in designing um what
the um activities will do there we also have been working with the richest program UCF to gather oral histories and I brought a video for you to listen to after this um so that you'll get an idea of what we're doing uh we're collecting
the oral hist and they'll be um um um riches will keep them but we'll also put them on our YouTube channel so that people can listen to them one other thing I'd like to add this project although we started in 2018 because I needed a lease from the African American
African Methodist Episcopal dasis um Co occurred and it took us about two years to get the lease um for the building um but we really began this project in 2001 when we had a um a uh reunion of the colored schools in the Ovito area and I
um compil this book with pictures and everything of the schools and also the teachers in the school I went to the um the um to get the um to the school board to get all of the names from the doc I mean the the the books they had in there
so again this is really I Believe been in the work since 2001 because we did want to have a museum but this building is important because it's the original building from 1933 there's a historical marker there um there um I think that
that that's it in a nutshell for what we're trying to do um I would like to show the video unless sure okay let's see um thank you appreciate it never which
closer you feel comfortable I was helping my mom uh with her papers and things of that sort and again since she was an educator were always involved in things going to meetings with her um uh also my dad worked for Nelson and
Company at the fertilizer plant uh so he uh which was located downtown oo and now it's going to be a historic district called the water tower district um so our town was very much centered around um the Citrus industry because that's
what drove the community [Music] as a kid growing up we were the baseball
capital of Central Florida we we had a really good baseball team uh from the older guy that played baseball in zelwood that was the highlight of the weekend especially on Sunday tending a
baseball game and after the baseball game they would have a big fish fry all you could eat everybody contribute to the frish [Music] fry some of the other fond memories uh
school lunches were always homecooked meals and they were the best food on Earth uh also playground time I I I just loved it because we had all of these playground equipment toys merry go
rounds swings seesaws you you just had fun uh for the time that we were outside and then of course the music classes with my mom on Fridays absolutely amazing
[Music] yeah it was just mostly oranges and celery and that's all people did you
know pick fruit and and cut s and when my grandfather had his you know he had some of the high school students to come in and work after school so they can have extra money or whatever and after that after everything started getting so big he didn't do s
and anymore because you know he was just a small Farmer they were big farmers with you know the whoers and the EV and you know different ones at that time M but that's what everybody started doing picking fruit and you know working on
theone moms out with s and whatever yeah but we all grew up here and knew everybody and whatever do so this is my home and I guess this is where I'm going to stay I'm not going anywhere else and
this street avenue b used to be Tyson Street oh because Mr Johnny Tyson had a store right down here with the church oh okay okay he was the first black uh uh uh grocery store okay here in OB as I
remember mhm okay all right thank you for that thank you does the board have questions for the applicant see none we did have a couple written uh comments from the public
and also it looks like we've got um at least one that's opposed that would like to speak so I'll open it up to public comments if you please come up to the podium and state your name and address sir good afternoon my name is uh
puu 2288 Andrew L oo Florida 32765 I own a property right behind um this property I'm Lot number two and they are lot number five when I bought this property which
was about 3 years ago I it used to be a dump and I came to the uh to the county to see if there's something they can do to prevent people from dumping into the property I
bought and um one of the one of the uh person there told me that why don't you just apply for that piece of property that the county own and I said well I didn't know I can
do that so I applied for it and it took about two years two and a half years to to have that vacated there is one driveway that goes to my property and
that goes to this one as well so my concern is with with the change of zoning then it would increase I don't know I met with Miss Judith after I bought this
property my property and she told me that they want to have an event center now I knew when I bought it I did my research it was a church that was not in existence it was closed for about 10 to
12 years nobody was there so I'm a pastor as well and so I said for a church I told listen you can park in my property it doesn't matter it wouldn't affect me neighbor helping a neighbor but now to have a change to plan
development I have no idea she never told me what they're going to do on the property if it would be used commercially so my concern is the driver that's coming into my property it will impact me there's heavy traffic coming
in then I won't even know who is who going in are they coming are the strangers coming so my concern is whatever is happening there I don't even know what they're planning to do so if I had known what they're planning to do in
their property then I would have a better understanding as to the use of it all I got this in the mail it says plan development and I spoke with my surveyor who was working very hard to get this be vacated he said it could be
anything it could be um they could put gas station they could put a strip mall they could put any so I have no idea what they're going to do on the property so if I was made clear as to the development exactly what they're going
to do because they'll have to come through my driveway to get to it so if that can be clarified or you know enlightened then I would have a better understanding as to what they're doing because I don't
know well I appreciate you bringing your concerns to us um staff is there a chance that we can address some of that yes I'm happy to address that there we go J would you mind
putting it on the um overhead so I can show or actually um Okay so if you can see um so the slide on the or the picture on the right shows the buffer area we'll just start with that
the landscape buffer area proposed for the site to provide you know some buffering between the site to the north um if you take a look at see this that shows um the access one
after I think this one right there yeah okay one more okay let me just show you on here I will show you exactly how um they will be entering the site which is a public access known as James
[Applause] Drive okay can and can you do um to the overhead oh I'm sorry it's right here forgive me I didn't okay so and you might be able to see a little better in your package so here's James drive right here
and this area right here is also considered James drive as well it's 24t wide access uh this is the a this is the access to this parcel right here but it is a public RightWay and this is also
how this parcel will be accessed uh they will pull in here and this will be the one parking space provided on site so that that's the only that's the only uh parking on site that's the only access area to be utilized is that currently
how it was being accessed like it today yes that is correct uh due to the sites you know configuration this is the only possible access to the site and this has been the access for years to that's a public road not an amazement not a
license access it's a public road and then the gentleman's driveway is off of that Public Road yes that is correct and can they do anything different than what we're seeing there there is there is really no ability to change the access due to the location of
we can't access from 426 and you have to have a separation requirement from the intersection to the parcel and as the way that the building is situated there's just no room for any other type of access to the
site and from a structure standpoint I mean to answer we can't put a gas station there based on what we're approving tonight no the plan development is very specific to the type of use it's it's specific to the use of a museum between the operating hours of Monday through Saturday from believe it
was 9 to3 by appointment only also heard historic like building was that how it's classified currently this is a historic building yes that was my question if it's a historic building and and grant funding has been received to restore it to restore yeah not to
rebuild it's not plan development this is going to be it's just to restore the existing building there will be no additional building added uh there will be a deck right here in the front portion so that you know this can be accessed and then the sidewalk will come
along this portion of the site and connect to this sidewalk along 426 and uh what about events uh as as the gentleman mentioned being concerned about are there any restrictions well they they'll be limited to the parking requirements of course and also the
building is 1100 square ft so there is a there is a limited capacity for the structure itself so there'll be limited to that as well and so usage is just a museum is that okay okay all right thank you for that
was there any other uh public comments okay I'll close public comments then um did the board have any discussions they want to talk about I'll just make a statement historic preservation is important uh from my point of you given all the other
development with fully agree that's why I thought if it's a historical building nothing else really can be done other than something like this correct yes I have a question of Staff U just uh some clarification on what type of motion they're requesting here is this um
number one and two an and or an or they seem to read opposite of each other yes it it's an and because this is a request for a land use Amendment as well as a rezone okay I did have one additional question for the applicant um so I I
heard you say a lease um who owns the I mean so your your organization doesn't own the property we have a 25 year lease from the afrian Episcopal diesis they still own the building 25 year lease 25 year lease okay thank you thank you Mr
chair if I may um I just wanted to um see if you wanted to give the applicant a chance the public comment yeah absolutely you have that opportunity if you'd like thank you very much um um having having lived in this area um my
grandfather my maternal grandfather came to this area in 1900 and um I know um most of the families who um lived in Jamestown and I'm cognizant that it is a community and I would wish no ill will
toward the people there because again I am a native daughter and again my only desire when I saw the hole in the roof was to save history and to um let all know about something that a lot of people didn't know about and so um I
would hope that they would know that I would and the um neighbor would know that um I would not have anything UNT going on I would um be very cognizant of the neighbors living next door but we do
want to preserve this one-of-a-kind building and I thank you very much for letting me have that repot on can I can I ask what what is the time frame obviously that has to get through what we're doing here tonight but what
is your time frame for for the if we if we get through what we have here tonight and then goes on to the commission um then we are ready to start immediately because we've had access to we've had one draw already from our grant the only
thing that I could see could hold things up as we are tearing things apart if there's something that we didn't expect but the building is only a th000 square fet I conceivably can think that by the end of the year if we can get through
the process okay that they could have it uh remodel but it just again just depends and again what another thing that's happening our construction costs have zoomed since we appli for the grant and so we have to raise additional money
it's just as a a cushion um but cuz again we have been at this this has been an IDM process in 2018 but again Co did a lot to slow us down thank you thank you I see
the I don't know that's the attorney Jenifer our previous public comment a person wants to add something is that possible or no um I believe that you close public comment if you you know if you want to open it back up to let somebody speak then you need to let the
applicant but again it's just leave it closed I guess is there a more discussion for the board or the motion I do have one other thing to add if I may um I was just going to suggest that when someone makes the motion that
um you all refer to the slide on the screen which has the slightest different verbage about recommending approval rather than adopted that's in the printed and that'll help since you're recommending approval or the you all are going to the um Board of
County Commissioners appreciate that thank you everybody looks at me for all the heavy lifting you read well a pleasant voice okay um Mr chairman I'll make a motion um to request the board of County Commissioners adopt the proposed small
scale I don't please point out to me what's different about there because I need to read from here oh before I get going there oh okay I didn't realize that it was a little harder to read um basically it's that the you're you would be if you're following this motion that's on the screen it says that you'd
be moving to recommend approval whereas the printed in the packet I believe it says adopt and this board of course isn't adopting it but it already aired let me start again please um Mr chairman I am um making a motion to request the
board accounting Commissioners uh recommend recommend there is where you want the word recommend the proposed smallscale future land use map amendment in concurrent rezone as per the following one based on staff's findings and the testimony and evidence received at the hearing the
board finds the request does not meet the identified portions of the comprehensive plan and move to adopt the requested small scale future land use map Amendment from medium density residential to plan development and two based on staff's findings and the testimony and evidence received at the hearing the board finds the request does
not meet the identified portions of the seal County Land Development code and moves to adopt recommend the requested rezone from R1 single family dwelling to plan development and Associated development order and master development
plan second hold on clarification um the Motions that were just made go ahead yeah I I just wanted to point out I don't I don't know if it was um these are intended to be two motions because one is in regards to the comp plan okay maybe I didn't you asked it
now I know I asked it I I don't know who earlier okay so so they do read a little bit opposite to me are they and or are they or well when you said we need to do two two motions we need to do two motions because the thing is is the first motion that is on the staff's
requested action has to do with the comprehensive plan whereas the second motion and the first one has to be done first because it's the comp plan and it's legislative um the second motion has to to do with changing the um the
requested rezone okay um so I would do the first one and then wait for a second everybody vote on the first one and handle it that way and then the second one wholly separate okay a motion can I get is it okay to get a second on the first well I think because I put them
together do we need to do it again um how about make a friendly Amendment to the motion okay I'll make a friendly amendment to my motion to remove item two and I will second the friendly Amendment all those in favor I all right that I'll second the primary
motion right because because I was seconding the amendment to the motion oh oh okay so the mo then we're going to vote on the motion right I I I I okay second motion I will make a motion to request the board accounting
Commissioners recommend the proposed small scale future land use map Amendment and concurrent reone as per the following based on staff's findings and the testimony and evidence received at the hearing the board finds the request does meet does meet the identified portions of the sual County Land Development code
and moves to adopt the requested reone from R1 single family dwelling to PD plan development and Associated development order and master development plan hang on I think you said move to adopt and we're recommending for sure I said recommend are you sure have it
written okay am I the only one that okay I'll make a motion to request the board of County Commissioners recommend the proposed smallscale future land use map Amendment and concurrent rezone as per the following based on staff's findings and the testimony evidence received at the hearing the
board finds the request does meet the identified portions of the sual County Land Development code and moves to recommend the requested reone from R1 single family dwelling to PD plan development and Associated development order and master development plan are
you recommending approval on your motion I'm inserting recommend everywhere you have adopt yes we're recommending approval is that how is that how it needs to read okay thank you it's a little different on the screen and I then in here
for have you got it memorized yet I think if if this isn't going if it's not good enough I'm going to punt just somebody who has better eyes that's what we gave just to be clear it's for approval and uh do we have a second I'll second that all right
all those in favor I I well done do we have a another motion for the second part are we good that is the second part motion okay it's all good right just want to make sure before we move I appreciate it okay um that closes
the public hearing um we'll move on to closing business director's report Z do you have anything for the board tonight no nothing to report thank you okay all righty uh does the board have anything else to discuss no all right need adjourned all
right right he [Music]