##VIDEO ID:r3-iUCCLeTQ## n good evening this is the February 5th 2025 seminal County Planning and Zoning Commission meeting please stand for the Pledge of Allegiance Pledge of Allegiance to the of the United States of America and to the Republic for it stands one nation under God indivisible liy jusice 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 Len commissioner Tim Smith commissioner Carissa Lan and C excuse me commissioner Brandy aapola commissioner Richard German staff present tonight are Jose Gomez development services Chief administrator nesa borker Deputy County attorney Vladimir simonow development review engineer manager Joy Giles principal planner Annie silway senior planner Caitlyn abgar planner 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 that to the clerk comment cards are located in the lobby please indicate on the comment car whether you would like to make an oral comment or written comments will also be accepted speakers should restrict their comments to information directly related to the item being heard when called speakers should approach the microphone clearly stating 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 sewn such as videos presentations pictures or Maps must be left with the clerk for public record items shown from electronic devices should also be mailed to the clerk a motion will be made and seconded board discussion may occur and conclude with a vote I'll request a roll call vote for any split votes so our agenda items we'll start with the acceptance and approval of the proofs of publication do I have a motion motion to approve and a second all those in favor I I all right that passed um next we'll do approval of minutes does the board have any changes do I have a motion motion to approve second all those in favor I all right motion passes next we'll be uh moving on to the technical review items how Branch preliminary subdivision plan presented by Caitlyn abagar good evening Caitlyn abgar planning a development services for the record the applicant is requesting the approval of a preliminary subdivision plan for 15 residential lots located on 4.34 Acres on the east side of H Branch Road the property was rezoned from A1 to the current zoning of R1 BB on August 22nd 2023 the future land use is medium density residential which allows up to a maximum of 20 10 dwelling units per net buildable acre the subdivision is proposing a total of 15 Lots on 4.34 Acres the project proposes approximately four dwelling units per net build of acre the minimum lot size of each lot is 5,000 ft² and the minimum lot width at building line is 50 ft each lot proposed is meeting the minimum zoning requirements all internal roads will be private and maintained by the homeowners association utilities will be provided by seino County staff requests the approval of the preliminary subdivision plan for the how Branch subdivision containing 15 residential lots on 4.34 Acres zoned R1 BB single family dwelling District located on the east side of H Branch Road thank you stand by for any questions is there any questions from the board and if they complete a comment card they have not already done some is there any public comments this applicant okay all right applicant to proceed yeah as the applicant here B would you like to present nothing to present answer any questions okay thank you any questions for the staff or applicant I don't um Mr chairman I'd like to make a motion um I'd like to move uh that we uh request approval of the preliminary subdivision plan for the howl Branch subdivision containing 15 residential lots on 4.34 acre zoned R1 BB single family dwelling located on the east side of H Branch Road approximately 800 ft south of bear Gully Road second and I have a second second okay all those in favor I all right motion passes it's approved all right and our next item we're going to go to public hearing items it's Highway 46 commercial small scale future land use maap Amendment and pz rezoning again presented by Caitlyn abgar hey guys Caitlyn apgar planning and development services for the record right um the applicant is requesting the approval for a small scale future land use map Amendment from higher intensity plan development Target industry to plan development and a rezone from A1 Agriculture and C1 retail commercial District to PD plan development for a proposed automotive collision center located on the north side of State Road 46 and west of Harvest Time Drive the proposed future land use amendment is from higher intensity plan development Target industry to plan development the applicant is proposing a maximum floor area ratio of 0.35 the par the parcel currently has split zoning the northern half is A1 Agriculture and the southern half is C1 retail commercial the property is currently existing as an abandoned borrow pit and has a single family structure on the property the applicant is proposing to dewater a portion of the borrow pit while utilizing the rest for storm water retention the applicant proposes to develop the subject site as an automotive collision center to the east and a second commercial parcel to the West permitted uses include uses as allowable under the C2 General commercial District as well as the Collision Center uses the PD proposes sufficient setbacks and buffering between the proposed development and the abing medium density residential uses as well as the future commercial development to the West that's fronting State Road 46 the property is located within two overlays the urban centers and corridors overlay is applicable applicable through the to the comprehensive plan the development meets the overall intent of the urban centers and corridors overlay and that the Redevelopment of the site will provide for jobs in the area near existing housing and shared vehicular and pedestrian access will be Prov provided the State Road 46 Gateway Corridor overlay includes design standards to provide a Scenic Gateway with uniform design standards signage and Landscaping are to comply with the seminal County Land Development code Provisions for the Gateway overlay and the minimum building setback of 50 ft from State Road 46 as required is provided the buffer width per this overlay is 25 ft and is Illustrated on the proposed Master development plan the applicant has also provided a 15t wide landscape buffer to the east in compliance with the local Road buffer code requirements the West perimeter buffer requirement will be established at final development plan for phase two in accordance with the Land Development code provisions and requirements this will ensure adequate transition between the adjacent Town Home Development with the future commercial developments to the west and the proposed intensity of phase 2 at time of development the subject property is located within the city of Sanford utility area and is subject to the provisions of the joint planning agreement established between the the county and the city of Sanford the applicant and staff have coordinated with the city of Sanford to organize a pre-annexation agreement which would also allow for the provisions of utilities from the city of Sanford the development proposes access via State Road 46 which is classified as an urban principal arterial operating at a level of service b and a second access off of Harvest Time Drive which is classified as a local Road operating at a service level of a the proposed project also provides for a minimum of 25% open space and parking shall be in accordance with the seminal County Land Development code in compliance with seminal County Land Development code section 3.49 community meeting procedures the applicant conducted a community meeting on December 9th 2024 details of the community meeting have been provided in the agenda packet staff finds a request to be consistent with the SEO County comprehensive plan and compatible with the trend of development in the area staff requests the board of County Commissioners adopt the ordinance and acting a small scale future Landes map Amendment from higher intensity plan development Target industry to plan development and a rezone from A1 Agriculture and C1 retail commercial to PD plan deel development for a proposed automotive collision center that concludes my presentation I'll stand by for any questions thank you are there any questions for staff have one um I have maybe just um clarification the way the staff report was written we were talking about the um Urban centers and corridors overlay district and there's a statement there that says this overlay precludes the property from being used as an automotive collision center and then it seemed to jump into the uh discussion uh regarding the pre-annexation agreement and so I I wasn't sure does the pre-annexation agreement help to resolve the problem in the paragraph above with or is it only for the purpose of the utilities like you mentioned tonight it's only so the pre-annexation um is being coordinated with city of Sanford um and it's um going to be more executed at the time of site plan but um the urban centers and Corridor overlay is um a separate topic um it precluded the operation of a collision center in conjunction with the future land use um on its own it doesn't prohibit the use itself oh okay if that makes sense so under the current future land use it would be prohibited but if we make the change request tonight we would resolve that correct okay just it it's not a prohibited use in Sanford is it at this location um uh no Sanford um we've coordinated with Sanford and they are um supportive of the use and okay want to Annex in after um development procedures through the county thank you chairman if I may just add to that um so just as a point of clarification it's really confusing and I understand your confusion it talks it explains it a little bit better on page seven of the staff report but the hip TI future land use map designation does allow for collision centers but when the corridor overlay goes over it that is what those two in conjunction with one another is what precludes it so you're exactly right this rezoning will help um alleviate that conflict where we have a yes and a and a in conjunction with a overlay equals a no it'll work out that but the purpose of overlays is kind of to present areas there should be conflict right um well the purpose of overlays and Caitlyn as a planner can talk about it more I'm only a legal person but it's typically to add additional standards in certain areas where they feel it's necessary um there's a comp plan overlay here and then there's a State Road 46 overlay which you guys have heard about that one before you know that's more Design Elements and stuff like that the urban uh Corridor overlaying Caitlyn can talk about it more is in the comp plan plan and that's more about um what you want to see along the corridor corridors as far as uses go rather than design standards yeah I would agree um the urban centers and Corridor overlay by itself um is more um the intent is to provide for jobs and pedestrian access and all of that good sorts of stuff but um yeah there's just like a section of it that um um if it weren't in the cor Corridor the hip TI allows for automotive collision center uses um it doesn't yeah thank you any other questions currently for staff okay is the applicant here and would you like to present or come I'm just available for any questions okay and would anybody from the audience wish to speak either for or against this and did you fill out any forms I don't have any on my desk see none I'll open and close public comments on this um is there any other discussion from the board or questions for staff or the applic I have a question for staff um the other thing that just struck me a little bit confusing in the staff report is that the requested action involves a two different points and it's an and so what's the reason for writing it like that instead of how you normally recommend that we make motions so um I can answer that um for um best practice and uh this is has come out through uh more recent case law over the years when there's been challenges to comp plan and rezonings in in general um the case law has come out that because and and you all know this so I'm telling you something you already know a comp plan Amendment request is a legislative action meaning that you know you don't have to have a quasi judicial proceeding for it a rezoning is required to have a quasi judicial proceeding it's not a legislative action when we present these together we kind of meld those two together and just take it as a quasi Jud IAL action but to but to make sure that and there's two different standards for each and on appeal there's two different review standard two different ways that you can go or there's actually multiple ways you can go with these um it's a best practice to do two motions the comp plan Amendment first legislative action and then the rezoning second because rezoning requires the comp plan to be in place you don't want one motion that includes both of these you want two separate motions that would be the best practice yes I mean if we could start if you all are okay with that and start moving forward um you you are not if you were the final decision maker on this I would make you do it um because that's when Once the final order is done that's when the appeal can come in so with the with the board of County Commissioners yes we've been requesting that they do separate motions um for you all you're not you're making a recommendation so um it would be a best practice for you to do it but you don't necessarily have to do it because you're not the final Arbiter of it so this is how we'll start seeing these in the future though and that's yes SEO county is about the only place I know of that runs this together like this most everywhere else separates it as a comp and his own yeah you're absolutely first and the only right behind Y in every jurisdiction I've worked in prior to seminal County that's how it's done so when I got here I was a little bit why don't we make sure in the future that we do it right the same thing yes that's what I'm have staff separated yeah that's what we're trying to work on with the staff reports having two different distinct analysis within the staff reports having two different distinct motions um this is a major compline Amendment because it and so it's got to get transmitted to the state so it's going take a little while right so well I think it's a small scale a small scale it's about 10 acres isn't it um I think it's 11 11 I don't think that 11. do that make it a LGE SC I think the threshold is 50 acres oh it's commercial different I'm sorry is that right okay yeah yeah Joy just confirmed that it is 50 or more Acres on on Commercial yeah on I'm sorry you I I was thinking residential okay any more comments or motion we going to make two motions yeah we make two motions answer no i' make two motions um I'll I'll make a motion to recommend to the board of County Commissioners um I'll start with to adopt this proposed small scale future land use map Amendment and concurrent reone as per the following uh based on the staff's findings and the testimony and evidence received at the hearing the board finds the request does meet the identified portions of the comprehensive plan and moves to adopt to requ to adopt the requested small scale future land use map Amendment Amendment from higher intensity plan development Target industry to plan development second have a second all those in favor I I do I have another motion go for it you're on a roll okay I'll make a motion to recommend to the board of County Commissioners to adopt the proposed small scale future land use map Amendment and concurrent rezone 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 the identified portions of the seminal County Land Development code and moves to adopt the requested reone from A1 agricultural to C1 retail commercial to PD plan development and Associated development order and master plan Master development plan do I have a second second all those in favor I I and just as a note if the if the um if you all would like we can ensure that there's a a requested motion slide up there that's tailored to to the board so that you can say you know we recommend add all the verbage we can add that to the end if you'd like to see a proposed motion from staff keep uniform in the book is fine I agree we'll add it in there you can use it or not what whatever you want to do options yeah all right U moving on to our next item the encor Hillview rezone presented by Annie silway hi hi good evening um Annie silway senior planner with development services I'll be presenting the on court Hillview rezone um the applicant is requesting a rezone from A1 agriculture to r3a multiple family dwelling in order to construct a town home development with a minimum lot size of 2200 square ft with a maximum density of 10 dwelling units per net buildable acre for a total of 28 Lots the subject property has an existing A1 agriculture zoning designation and a highdensity residential future land use designation which allows up to a maximum of 20 20 dwelling units per net buildable acre however the requested three r3a multiple family dwelling zoning District limits the density to a maximum of 10 dwelling units per net buildable acre the site is located in the city of Altimont Springs Utility service area and will be required to connect to Public Utilities the applicant has provided a letter from the city of elamont Springs that they could provide potable water and sanitary sewer to serve the proposed development the applicant has provided a development plan showing the layout of buildings circulation buffers and parking for the town home units the applicant is proposing a 25- ft wide landscape buffer along the west portion of the subject site that abuts the Oakland Hill subdivision a 10-ft wide landscape buffer on the south along Hillview Drive and a 12 and 1/2t wide landscape buffer along the east portion of the site and the applicant will provide 25% open common usable open space excluding the landscape buffers on the subject property section 30.48 um in the simal County Land Development code R3 and r3a multiple family dwelling District uh the requested r3a zoning classification is composed of low density to medium density residential areas Plus open areas or it is likely and desirable to extend such type of development the subject site is situ situated where it is well serviced by public and Commercial Services and has convenient access to thorough fares or collector roads per policy flu 5.2.3 the purpose and intent of the high density residential future land use designation is to provide for a range of residential development at a maximum density of 20 dwelling units per net buildable acre high density residential development should be located adjacent to the major collector and arterial roadways to minimize local traffic on local and minor collector roadways and to provide convenient access to Transit facilities and can act as an efficient transitional use between non-residential and medium density residential uses the applicant conducted a community meeting on May 13 2024 um and staff requests the board of County Commissioners adopt the ordinance and acting a rezone from A1 agriculture to r3a multiple family dwelling for a town home development of 28 lots and that concludes my presentation excellent thank you thank you uh questions of Staff Qui to clarify sure um because the current future land use uh allows up to 20 dwelling units per acre what we're being asked to do here tonight actually lowers the density inity yes the r3a zoning does limit it to 10 perfect thank you you're welcome and is the applicant here let me ask Annie a quick question yes the site plan will come back to you for approval staff only right yes sir okay and they are here any questions you have okay perfect thank you for that all right is there any questions for app y all right is there any um public comment anybody here to speak I don't see any cards I'll close public comments all right any other uh questions or motions or I'll make a motion disc I'll make a motion uh that the board of County Commissioners adopt the ordinance enacting a rezone from A1 agriculture to r3a uh multiple family dwelling for a town home development of 28 Lots on approximately 3.34 Acres located on the north side of Hillview Drive approximately A4 Mile East of State Road 434 do I have a second second all those in favor I all right thank you so that uh concludes the public hearing side of this meeting um let's move on Jose do you have anything for the board tonight yes good evening Jose Gomez development services director I just want to let you know uh the items that were brought up tonight about the legislative uh actions versus the reason zonings that's something that we'll be working with the county attorney's office and we'll be we'll be uh changing the way some of the staff Reports look coming to you as well as the Motions so that's something that we will'll be working with very closely with the county attorney's office so you may be seeing some changes in how these items come forward to you to to clear some of that up and to make sure that um that if there are challenges that they are legally defensible as as the County Attorney stated uh I also want to let you know we started interviewing for the planning and development um division manager position this week and we're starting um interviews for the deputy director of development services uh next week so hopefully we'll those will be fruitful and uh hopefully maybe by next meeting I'll be able to announce whether we've been able to fill those positions excellent good luck with the H great all right thank you oh Jose do you want to provide them an update on the Terina project that it was with the terena um Self Storage yeah uh the terena self storage project that came before you uh that uh that was recommended for denial was subsequently uh withdrawn by the applicant before it went to board of County Commissioners so it was not Hur so that project will not be moving forward at this time thank you for the update is the the board want to discuss anything else are we good all right thank you