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Board approves small-scale land-use change near Markham Woods after neighbors raise cemetery concerns
Summary
The Seminole County Board on Oct. 14 adopted a small-scale future land-use change to allow a single-family dwelling on a 2.6-acre parcel west of Markham Woods Road after staff concluded the applicant's materials provided no conclusive evidence of burials on the subject lot.
The Seminole County Board of County Commissioners on Oct. 14 adopted an ordinance to change the future land-use designation for a 2.6-acre parcel west of Markham Woods Road from Public/Quasi-Public to Suburban Estates, clearing the way for a single-family residence. The vote followed staff findings that the applicant's investigation and county review produced "no conclusive evidence" that the subject parcel contained historic burials, and after multiple neighbors urged additional surveying and preservation caution.
What staff presented: Caitlin Apgar of Planning and Development Services told the board the subject property (A-1 zoning) is vacant, adjacent to single-family homes and an existing historic cemetery, and not listed in county records as an active cemetery parcel. The applicant supplied a ground-penetrating radar (GPR) report dated Sept. 30, 2024, and correspondence with state and historical entities; staff summarized that the materials did not provide conclusive evidence the site had been historically used as a cemetery. Apgar also noted the site is inside the county's utility service area, will require connection to public water (reclaimed where applicable) while sanitary sewer is not readily available and septic may be used, and the property lies in the Wekiva River protection area with a maximum impervious surface ratio of 60%.
Public concern and evidence: Several neighbors and local historians urged caution. Resident Bill Platt presented a news segment and said the GPR contractor reported terrain and vegetation limitations that reduced survey coverage. John Spolsky, speaking for neighbors and citing local historical records, said some headstones in the adjacent cemetery may memorialize burials actually located outside the fenced cemetery area and that a limited GPR survey without cleared ground did not meet the burden of proof. Another neighbor, Christopher Thorpe, urged delaying intrusive site work until the property is cleared and a comprehensive GPR or archaeological survey is completed.
Applicant and legal counsel: Lonnie Grube, representing the applicants, said the property appraiser had previously removed tax-exempt cemetery status after finding no evidence the site was being used as a church or cemetery; he told the board his clients will comply with state law if remains are encountered during construction and noted legal limits on how the property may be used today. Grube said his clients had coordinated with staff and had provided the GPR and relevant correspondence for the record.
County legal context: Deputy County Attorney Nasib Borker explained the statutory process that follows discovery of human remains: law enforcement must be notified, the medical examiner or state archaeologist will investigate, and development work stops until legal requirements are satisfied. Borker also noted that county comprehensive-plan policy allows the county to require that areas of concern indicated by surveys remain in open space if needed.
Board action and rationale: After hearing staff, the applicant's attorney, and public comment, a commissioner moved to adopt the small-scale future land-use amendment. The board voted to adopt the ordinance. Commissioners emphasized that state law protects graves and that construction would stop if remains are found; the adoption was framed by staff's conclusion that the application met the comprehensive-plan criteria for the change.
What this means: The ordinance amends the future land-use designation to Suburban Estates (1 dwelling unit per net buildable acre) and allows the applicant to pursue a single-family dwelling subject to normal permitting, environmental and Wekiva protections, and legal constraints if burials are discovered. Neighbors asked the board and staff to encourage additional surveying and preservation-minded approaches to avoid disturbing possible burials.
Provenance: The item was discussed during the public hearings portion of the Oct. 14 meeting (planning staff presentation, applicant attorney remarks, three residents in public comment).
