OSCEOLA COUNTY Commission Chambers 1 Courthouse Square, Suite 4100 Kissimmee, Florida, 34741 www.osceola.org Board of Commissioners Viviana Janer, Chairwoman Cheryl L. Grieb, Vice Chairwoman Brandon Arrington, Commissioner Michael Harford, Commissioner Fred Hawkins, Jr., Commissioner Don Fisher, County Manager Andrew Mai, County Attorney Horace Nwachukwu, Commission Auditor REGULAR MEETING 02/15/2016-5:30 PM Agenda Invocation by Pastor Arch Fisher, Shingle Creek United Methodist Church Pledge of Allegiance Approval of Agenda The Commission will approve an agenda which sets the order of the meeting. This approval could include an addendum representing new items, additions, corrections, and/or deletions of existing items as submitted by the Clerk of the Board. Recognition Recognition 1. In recognition of Black History Month, Osceola County honors the service of Lieutenant Lloyd Burton, Jr. Hear the Audience Citizens wishing to address any item on the agenda during this portion of the meeting should complete a Request to Speak form and submit it to the Clerk of the Board prior to the commencement of the meeting. These forms are available from County Staff. Comments will be limited to three minutes. The Commissioners will not vote on any item during this portion of the meeting, but at their discretion issues can be placed on the agenda for a vote at a later time. 1
Presentation Presentation 2. Update on SunRail, by Ms. Noranne Downs, Florida Department of Transportation (FDOT), District Five Secretary. (Fiscal Year 2015/2016, Strategic Action Item #2, Transportation; Goal, Upgrade the County Infrastructure and Transportation Network, Prepare for Growth) Consent Agenda The Consent Agenda is a technique designed to expedite the handling of routine and miscellaneous business of the County Commission. The County Commission in one motion may adopt the entire Consent Agenda. The motion for adoption is non-debatable and must receive unanimous approval. By request of any Board Member, an item may be removed from the Consent Agenda for discussion. County Administration 3. Approval of the following minutes: January 04, 2016, regular session, 1:30 p.m. 4. Approval of the settlement of Claim #E3X3029, pursuant to the mutually agreed upon terms. Community Development Administration 5. Approval and authorization for the Chairwoman/Vice Chairwoman to sign the final plat of FS15-00042, Storey Lake, Phase 2. 6. Approval for the County Manager to negotiate an agreement with Mainstreet Development of Carmel, Indiana, for the College Station multi-family/student housing and mixed use development project, in response to the Request for Letters of Interest #16-4498-RJ. (Fiscal Year 2015/2016, Strategic Action Item #14, Valencia/Poinciana; Goal, Grow and Diversify the County s Economy) 7. Approval of Initial Acceptance of the following roadways within Saratoga Park Phase 4B, Located in District 2; Turret Drive 1,031 linear feet; Waterline Street - 433 linear feet; and Turret Bay Court - 323 linear feet. (EB16-00003) 8. Approval and authorization for the Chairwoman/Vice Chairwoman to sign the final plat of FS15-00016, ChampionsGate Village Phase 13. 9. Adoption of Resolution #16-059R, amending Chapter 11, of the Administrative Code, which established a uniform method for Code Enforcement Lien Reduction Requests. 2
Public Works Administration 10. Approval and authorization for Chairwoman/Vice Chairwoman to sign Amendment #3 to the Professional Services Agreement with Clemons, Rutherford, and Associates Incorporated, to increase expenditures for additional sub-consultant cost for the development of the Osceola County Sheriff s Training Facility (PS #12-2375-RJ); expenditures will increase by $189,993.83; and authorization for the County Manager, or designee, to sign design contract amendments not to exceed $7,500 in combined value, for a new total not to exceed $1,563,878.46. 11. Approval to establish a No Parking Anytime zone, as requested by the Homeowners Association for The Wilderness community, located on the east side of Pleasant Hill Road, approximately 0.8 mile north of Poinciana Boulevard/Southport Road; signs will be placed on both sides of Wilderness Trail, from Pleasant Hill Road to Fort Courage Circle, and on both sides of Hawkin Drive, from Pleasant Hill Road to Bald Eagle Drive; a total of four signs will be installed at $65.15 per sign; $260.60. Community Development Consent/Public Hearing All of these items will be approved as recommended by the Planning Commission (PC) action in a single public hearing, with one motion by the County Commission. Any citizen has the right to request an item be removed for discussion, comment, and/or consideration during a separate public hearing. Planning and Zoning 12. CPA15-0014: Approval to transmit to the Department of Economic Opportunity (DEO), to amend the Osceola County Comprehensive Plan; providing for adoption of large scale Comprehensive Plan Amendment CPA15-0014; providing for a change to the maps of the Transportation Element Map Series, including conformance of the maps of the Comprehensive Plan to the adopted amendment; providing for a change to the maps of the Future Land Use Element Map Series, including conformance of the maps of the Comprehensive Plan to the adopted amendment; providing for a change to the text of the Future Land Use Element; providing for correction of scrivener s errors; providing for severability; providing for conflict; and providing for an effective date. Osceola County Community Development Department (Applicant). Commission District: Countywide Staff Recommendation: Approval to transmit to DEO. PC Action: Approval to transmit to DEO. 3
Community Development Consent/Public Hearing Quasi-Judicial All of these items will be approved as recommended by the Planning Commission with one motion by the County Commission. Anyone may request that an item on Quasi-Judicial Consent be afforded a full hearing. The following items are Quasi-Judicial in nature. In accordance with Article 2.4 of the Land Development Code as may be amended, County Commissioners should disclose all ex parte communications, site visits, expert opinions, or documentation received at this time. The County Attorney will swear in anyone who wishes to speak on any Quasi-Judicial item. Witnesses may be called and shall be subject to direct and cross examination on matters relevant and material to the issue. Cross examination may be afforded to an affected party, County Staff, or to a County Commissioner. No redirect shall be allowed except upon request and approval by the Chairman. There shall be no limitations on questions by the County Commissioners. No one may present evidence which is unduly cumulative or repetitious of previous testimony or evidence. Non affected parties shall be allowed to speak and present evidence to the County Commission but may not directly examine nor cross examine witnesses. Affected parties shall be allowed to rebut testimony and evidence presented by non-affected parties. The County Commission shall only consider evidence presented at the hearing and base its decision on the competent substantial evidence of the record. Planning and Zoning 13. Adoption of Ordinance #2016-11 for ZMA15-0054: An Ordinance of the Board of County Commissioners, of Osceola County, Florida, changing the zoning designation from Agricultural Development and Conservation (AC) to Low Density Residential (LDR), on certain real property generally located on the west side of Ham Brown Road, south of Lizzia Brown Road, and just north of Reaves Road, and comprised of approximately 48.64 acres, more or less; amending the official zoning map; providing for correction of scrivener's errors; providing for severability; providing for conflict; and providing for an effective date. Ben Snyder- Hanover Capital Partners, LLC (Applicant) Cole Overstreet Trust and Clemons Todd Trust (Owners). Commission District: 3 Staff Recommendation: Adoption of Ordinance #2016-11 PC Recommendation: Adoption of Ordinance #2016-11 14. Adoption of Ordinance #2016-13 for ZMA15-0057: An Ordinance of the Board of County Commissioners, of Osceola County, Florida, changing the zoning designation from Residential Single Family (RS-2) and Agricultural Development and Conservation (AC) to Low Density Residential (LDR), on certain real property generally located on the north side of Nolte Road, between Canoe Creek Road and South Indiana Avenue, and comprised of approximately 19.67 acres, more or less; amending the official zoning map; providing for correction of scrivener's errors; providing for severability; providing for conflict; and providing for an effective date. Joel Adams-Highland Homes (Applicant) David and Debra Jowers (Owners). Commission District: 5 Staff Recommendation: Adoption of Ordinance #2016-13 PC Recommendation: Adoption of Ordinance #2016-13 4
15. Adoption of Ordinance #2016-16 for ZMA15-0055: An Ordinance of the Board of County Commissioners, of Osceola County, Florida, changing the zoning designation from Rural Development (R-1) to Rural Settlement (RS), on certain real property generally located on the west side of Holopaw Road, between 4th Street and 1st Street, and comprised of approximately 3.51 acres, more or less; amending the official zoning map; providing for correction of scrivener's errors; providing for severability; providing for conflict; and providing for an effective date. Susan Abshire et. al (Applicants and Owners). Commission District: 5 Staff Recommendation: Adoption of Ordinance #2016-16 PC Recommendation: Adoption of Ordinance #2016-16 16. Adoption of Ordinance #2016-17 for ZMA15-0059: An Ordinance of the Board of County Commissioners, of Osceola County, Florida, changing the zoning designation from Agricultural Development and Conservation (AC) to Institutional (IN), on certain real property generally located on the north side of Reaves Road, just west of Pleasant Hill Road, and comprised of approximately 5 acres, more or less; amending the official zoning map; providing for correction of scrivener's errors; providing for severability; providing for conflict; and providing for an effective date. Rowena Baker Flanders-Endsley Road Education Incorporated (Applicant and Owner). Commission District: 3 Staff Recommendation: Adoption of Ordinance #2016-17 PC Recommendation: Adoption of Ordinance #2016-17 17. Adoption of Ordinance #2016-22: An Ordinance of the Board of County Commissioners, of Osceola County, Florida, establishing the Magic Place Community Development District, at approximately 87 Acres, pursuant to Chapter 190, Florida Statutes; naming the District; describing the external boundaries of the District; describing the functions and powers of the District; designating five persons to serve as the initial members of the Board of Supervisors; providing for severability; providing for conflict; and providing an effective date. 4P Development, LLC (Petitioner and Owner). Commission District: 1 Staff Recommendation: Adoption of Ordinance #2016-22 Community Development Regular Public Hearing Planning and Zoning 18. Adoption of Ordinance #2016-14 for CPA15-0015: An Ordinance of the Board of County Commissioners, of Osceola County, Florida, adopting a small scale Comprehensive Plan Amendment CPA15-0015, Vanderpol Enterprises Incorporated (Applicant and Owner), to change the Future Land Use designation from Rural Enclave to Commercial on certain real property generally located south of Star Line Drive, east of Narcoossee Road, west of Moonlight Court, and north of J Street, and comprised of approximately 4.83 acres, more or less; amending the Future Land Use Map of the Future Land Use Element of the Osceola County Comprehensive Plan; providing for correction of scrivener's errors; providing for severability; providing for conflict; and providing for an effective date. Commission District: 5 Staff Recommendation: Adoption of Ordinance #2016-14 PC Recommendation: Denial 5
Community Development Regular Public Hearing Quasi-Judicial The following items are Quasi-Judicial in nature. In accordance with Article 2.4 of the Land Development Code as may be amended, County Commissioners should disclose all ex parte communications, site visits, expert opinions, or documentation received at this time. The County Attorney will swear in anyone who wishes to speak on any Quasi-Judicial item. Witnesses may be called and shall be subject to direct and cross examination on matters relevant and material to the issue. Cross examination may be afforded to an affected party, County Staff, or to a County Commissioner. No redirect shall be allowed except upon request and approval by the Chairman. There shall be no limitations on questions by the County Commissioners. No one may present evidence which is unduly cumulative or repetitious of previous testimony or evidence. Non affected parties shall be allowed to speak and present evidence to the County Commission but may not directly examine nor cross examine witnesses. Affected parties shall be allowed to rebut testimony and evidence presented by non-affected parties. The County Commission shall only consider evidence presented at the hearing and base its decision on the competent substantial evidence of the record. Planning and Zoning 19. Adoption of Ordinance #2016-15 for ZMA15-0046: An Ordinance of the Board of County Commissioners, of Osceola County, Florida, changing the zoning designation from Agricultural Development and Conservation (AC) to Commercial Neighborhood (CN), on certain real property generally located south of Star Line Drive, east of Narcoossee Road, west of Moonlight Court, and north of J Street, and comprised of approximately 4.83 acres, more or less; amending the official zoning map; providing for correction of scrivener's errors; providing for severability; providing for conflict; and providing for an effective date. Vanderpol Enterprises Incorporated (Applicant and Owner). Commission District: 5 Staff Recommendation: Adoption of Ordinance #2016-15 PC Recommendation: Denial County Administration Public Hearings 20. Adoption of Resolution #16-056R, adopting Substantial Amendment #2 to the 2014/2015 Community Development Block Grant Annual Action Plan. (Fiscal Year 2015/2016, Strategic Action Item #4, Affordable Rental Housing and Transition of the Homeless; Goal, Create Great Neighborhoods for the Future: Safe and Livable) 6
Regular Community Development Administration 21. The applicant requests approval for reduction of multiple Code Enforcement Liens and Unsafe Structure Lien recorded against property located at 614 Bibbens Street, from $19,532 to $1,953, payable within 30 days. Staff cannot recommend approval of this Reduction Request as our current reduction policy exempts any reductions for building condemnation cases and any repeat code violation cases. The property owner at the time of the liens was Thomas Zellie Est. and Des Properties, LLC. The current property owner, Donald Shroyer, requests a reduction to the amount of $1,953. Said liens are recorded in Official Records (OR) Book 1361 Page 2047; OR Book 1404, Page 1798; OR Book 1413, Page 2779; OR Book 1538, Page 528; OR Book 1573, Page 320; OR Book 1615, Page 2320; OR Book 1739, Page 345; OR Book 1751, Page 2423; OR Book 1849, Page 793; OR Book 1855, Page 1698; OR Book 1988, Page 2973; OR Book 3434, Page 2102; OR Book 3798, Page 1568; OR Book 3811, Page 2018; OR Book 3820, Page 2556; OR Book 3895, Page 295; OR Book 3959, Page 1415; and OR Book 4088, Page 450. 22. The applicant requests approval for reduction of multiple Code Enforcement Liens and Unsafe Structure Lien recorded against property located at 1475 River Road, from $7,742 to $775, payable within 30 days. Staff cannot recommend approval of this Reduction Request as our current reduction policy exempts any reductions for building condemnation cases and any repeat code violation cases. The property owner at the time of the liens was Johnny Paul Jones, Annie Mae Jones and Saul and Company as Custodian for Pico. The current property owner, Donald Shroyer, requests a reduction to the amount of $775. Said liens are recorded in Official Records (OR) Book 1604, Page 1372; OR Book 1872, Page 1986; OR Book 2076, Page 2955; OR Book 3136, Page 188; OR Book 3261, Page 1273; OR Book 3798, Page 1567; and OR Book 1365, Page 1402. Reports Constitutional Officers and Governmental Agencies/Other Departments/Divisions Commission Auditor County Attorney County Manager Commissioners 7
Committee Appointments Board of Adjustment The members of the Board of Adjustment shall be knowledgeable in the field of Comprehensive Planning and shall be familiar with the Osceola County Comprehensive Plan, the Land Development Code, and other applicable regulations. This Board is composed of seven members one of which will be appointed from each Commission District and two members being appointed as at-large positions. 23. Appointment to replace Mark Addison, "District 2", whose term expired December 31, 2015. Community Development Block Grant Advisory Task Force 24. Appointment to represent, "District 2", term expired December 31, 2015. Fire and Rescue Advisory Board This Commission consists of seven members: one Fire Commissioner being appointed from each County Commission District and two Fire Commissioners serving in at-large positions. 25. Appointment to replace Harvey Sperling, "District 2", who has termed out, whose term expired December 31, 2015. 26. Appointment to represent, "District 3", term expired December 31, 2014. Library Advisory Board This Board consists of seven members, one appointment from each of the five County Commission Districts; and two at-large members. The membership should consist of one member of the Friends of the Library group and one member of the Osceola County Bar Association. 27. Appointment to replace Simona Torres, "District 2", who resigned, whose term expires December 31, 2016. County Administration 28. Long Range Agenda. For Information 29. Procurement Services has submitted for the record the contracts, task orders, and/or amendments approved and signed by the County Manager, or designee; a list of scheduled Evaluation Committee meetings to review proposals submitted in response to solicitations; a list of Board approved contracts that may be renewed within the next six months; and a list of Emergency Procurements issued. 8
Public Works Administration 30. The Clerk of the Board has received for the record, the original Right-of-Way Utilization Agreement for Landscape, Hardscape, Street Signs, and Irrigation from DR Horton Incorporated, signed by the Deputy County Manager on January 28, 2016, for roads depicted on the plat for Kindred, Phase 1A and 1B; limits of work, Cross Prairie Parkway, between Neptune Road and Red Canyon Drive, including roads internal to Kindred. Adjournment In accordance with Florida Statutes, Chapter 286.0105, any person wishing to appeal a decision made by the Board of County Commissioners with respect to any matter considered at such a meeting or hearing, will need a record of the proceedings. For such purposes he or she may need to ensure that a verbatim record of the proceedings is made, which may include the testimony and evidence upon which the appeal is based. 9