The Lake County Board of County Commissioners met in regular session on Tuesday, October 10, 1989, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Annette Star Lustgarten, County Attorney; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; Al Thelen, County Manager; Ava Kronz, Assistant to the County Manager; and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bakich.
MINUTES
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of September 12, 1989, as presented.
PUBLIC HEALTH/RESOLUTIONS
Commr. Gregg presented to Mr. George Heffrin, Drug Free, Inc., a proclamation declaring October 22 through 29, 1989, as "Red Ribbon Week" in Lake County.
CLERK OF THE COURT'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Bonds - Contractor - New
118-90 Frank Hipp (Class B Roofing Contractor)
150-90 James Denman d/b/a Denman Heating & Air Conditioning
195-90 Frank Bassett d/b/a Frank's Plumbing Service (Plumbing)
343-90 Abraham Conner (Masonry)
384-90 John R. Allen d/b/a Bob Allen Roofing (Roofing)
421-90 Donald Dixon (Roofing Contractor)
523-90 Terry T. Stephenson d/b/a Stephenson Mobile Home
Service Inc. (Mobile Home Setup)
892-90 James M. Haun d/b/a Haun-Plumbing Co. (Plumbing)
907-90 Russell B. Wise (Building)
1490-90 Edward Lynum, Jr. (Building)
1509-90 Charles J. Boutwell (Electrical)
1518-90 A. T. Hawkins d/b/a Hawkins Brothers Plumbing, Inc.
(Plumbing)
1706-90 David Wieckhorst d/b/a Master Craft Builders (Building)
1759-90 Allen W. Akers d/b/a A & B Electric (Electrical)
1825-90 Morningstar Building Corp.
1884-90 Winston C. Ivery d/b/a Ivery Masonry (Masonry Contractor)
1886-90 James R. Garner (Residential)
1918-90 Gary McCutcheon d/b/a Tropic Realty & Construction.(General
Contractor)
1922-90 Mid State Plumbing, Inc. (Plumbing)
1923-90 Jerry Helton (Electrical)
1934-90 Thomas B. Reeves d/b/a Reeves Electric, Inc.
1983-90 Joe E. Kinder (Residential Building Contractor)
3062-90 Mike Smith d/b/a Mike Smith Electric (Electrical)
3066-90 Mike Wilburth d/b/a Mike Wilburth Masonry (Masonry)
4015-90 William L. Bradshaw, Sr. (Swimming Pool)
4047-90 C. F. Mann/C. F. Mann Builders (General)
4067-90 Clifford Lucas d/b/a Rainbow Lakes Heating & Air
Conditioning Inc.
4103-90 Jerry L. Rogers (Plumbing)
4157-90 Raymond Les Anderson
4174-90 B. Terence Quigley (Master Electrical)
4227-90 L. Darwin Rutz (Masonry)
4269-90 Edwards Aluminum, Inc. (Aluminum)
4349-90 Ronald E. Northcutt d/b/a Sun Central Air, Inc.
(Heating & Air Conditioning)
4398-90 Michael Boynton d/b/a Magna Electric, Inc. (Electrical)
4431-90 Kenneth B. Coker d/b/a K. B. Cokers Inc. (Air
Conditioning Contractor)
4474-90 Don's Electric & Lightning Control Inc. (Electrical
Contractor)
4488-90 William Frank Alderton (Heat and Air Conditioning)
4501-90 Cecil Johnson (Roofing Contractor)
4554-90 Dick Proctor Custom Homes Inc. (Building)
4572-90 Gregg B. Whitaker (Class C Residential Building
(Contractor)
4606-90 Douglas Everman (Plumbing)
4612-90 Robert Sellers II (Masonry Contractor)
4622-90 Jon Jones (Building)
4661-90 Judson W. Stringfellow (Residential Contractor)
4700-90 Harold Hilliard d/b/a Hilliard's Air Conditioning &
Heating
4735-90 Bruce Kantor d/b/a B J's Aluminum (Aluminum Siding
Contractor)
4748-90 Mark Kowalski d/b/a Reliant Heat & Air
4752-90 Jeffrey Artopoeus
4772-90 David Harvey d/b/a Harvey's Electric, Inc. (Electrical)
4773-90 Robert Patrick (Aluminum Specialty)
4774-90 Joe Strickland, Jr. (Electrical)
Accounts Allowed/Courts-Judges
Request to approve and authorize proper signatures on the following Satisfaction of Judgments:
1. Case No. 88-1339-CJ, $50.00, Terrance L. Goodman & Monnie Singletary
2. Case No. 606-CJ, $50.00, Terry L. Goodman & Monnie Singletary
3. Case No. 81-500-CJ, $150.00, Gloria Fieldings, Helen and Willie Fieldinqs
4. Case No. 89-804-CF, $250.00, Augustus West
5. Case No. 89-871-CJ, $50.00, Yvette M. Smith & Anita Monroe
6. Case No. 89-845-CJ, $50.00, Thomas Rodriguez & Juanita Rodriguez
7. Case No. 81-739-CJ, $150.00, Raymond Edward Peters, and Cullen and Carolyn Peters
8. Case No. 85-130-CJ, $150.00, James Daniel Waters, and James Junior Waters and Brenda Russell Waters
9. Case No. 89-934-CJ, $50.00, Burgess Daniel Back, Jr., and Burgess D. Back, Sr.
Accounts Allowed/Checks Received/Tax Collector
Acknowledged receipt of a check from T. Keith Hall, Tax Collector, in the amount of $1,440.18, for unclaimed redemption monies, in accordance with the provisions of Chapter 197.473.
State Agencies
Acknowledged receipt of the following For Your Information items:
1. Public Hearing Notice, October 5, 1989, before the Orange County Board of Zoning Adjustment, a request from David R. Fox.
2. Legal Notice for application for the transfer of Ownership of Brendenwood Water System in Lake County from Robert Hanks, Jerry Rogers, Daniel Judy, and Paul Day, to Paul E. Day.
3. Notice of application of Lake Hills Utilities, Inc. to amend its water certificate to expand its service area.
BUDGET TRANSFERS
Mr. James C. Watkins, Clerk, informed the Board that he and Mr. Al Thelen, County Manager, are working together in respect to a presentation to the Board on the transfer of certain budgetary responsibilities that the Clerk has performed in the past, to the Manager's Office, and will be coming back before the Board with a recommendation and report.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Health Department/Resolutions
A request to accept the resignation of Dr. June Atkinson, and to adopt a resolution in appreciation of her services to Lake County.
Accounts Allowed/Libraries/Municipalities
A request for authorization to reimburse the City of Eustis for salaries, benefits, and other expenditures for the month of August, 1989, on behalf of the Eustis Library, in the amount of $18,811.56.
Planning and Development/Subdivisions
A request for the approval of the construction plans for Raintree Harbor, Section 2 plat.
Planning and Development/Subdivisions
A request for preliminary approval of Lake Louisa Estates plat.
Public Works/Resolutions/Roads-County & State/Signs
A request to post 35 m.p.h. speed limit signs on Merry Road, #3-4455.
Deeds/Subdivisions
1439 Release all reservations Harbor Hills Subd., The 347 Corp. of
Florida Inc.
1213 Release all reservations Harbor Hills Subd., The 347 Corp. of
Florida Inc.
945 Release all reservations Harbor Hills Subd., The 347 Corp. of
Florida Inc.
1093 Release all reservations Harbor Hills Subd., The 347 Corp. of
Florida Inc.
2295 Reserve 40.0 ft. from c/l of C-42. Reserve 25.0 ft. from c/l Deer St., Forestview Subd., Lake Kathryn area. Estate of Lola C Cottrell.
2727 Release all reservations Mt. Plymouth Subd., Frank W. Phillips & D. Michele Phillips.
1852 Release all reservations Astatula area (not in City limits) James
P. Loflin.
Deeds/Right-of-Ways, Roads & Easements
Paul J. L Patricia A. Ariola, #5-7940, Thomas Boat Landing Road Clarence W. L Delores J. Ludwigsen, #5-7940, Thomas Boat Landing
Road
Michael T. L Teresa M. Davis, #5-7940, Thomas Boat Landing Road
Calvin L. L Patricia A. Payton, #5-7940, Thomas Boat Landing Road
Eddie F. L Jeanne Faulconer, #5-7940, Thomas Boat Landing Road
Robert L Barbara Walker L Albert Walker, #5-7940, Thomas Boat
Landing Road
Maurice Jabbour, #5-7940, Thomas Boat Landing Road
David H. L Judy A. Calhoun, #5-7940, Thomas Boat Landing Road
George D. L Betty Brown, #2-0606, Bay Lake Loop Rd.
Larry L Jo Ann Benton, #l-7310, Grays Airport Rd.
Ralph Philistine, #2-1024, Phillips
Erville P. Hollan (Trustee: James Hollan), First Street
John C. & Paquita A. Hackett, #2-2924, Turkey Lake Rd.
Roger A. Bartolo L Gary L. Heath, #3-1158, John's Lake Road
ACCOUNTS ALLOWED/HEALTH & GENERAL SERVICES/PUBLIC HEALTH
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Medical Examiner to increase morgue maintenance fees for Marion, Citrus, Sumter and Hernando Counties, and private autopsies, from $125.00 per autopsy to $135.00 per autopsy.
CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT
Mr. Al Thelen, County Manager, discussed a request from Doug Braun, owner of property lying between Sunnyside Drive and Lake Harris (Leesburg Area), to obtain a building permit to construct a residence prior to the vacation of an easement and subdivision plat. The applicant has since initiated a vacation of the easement and platted lots, and now wishes to construct the residence prior to the vacation of the easement and subdivision. This allows the owner to move ahead about six weeks in advance to the vacation, and to construct the dwelling, with no risk to the County.
Ms. Annette Star Lustgarten, County Attorney, discussed the type of agreement that has been prepared between the County and Mr. Braun, and stated that, in the event that the County not vacate the plat or easement, he would be required to remove the house within three months of the denial.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized proper signatures on the agreement between Mr. Doug Braun and Lake County.
CLERK/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, discussed pending litigation involving a canal that borders private property, and known as the Meadows property. A hearing was held on Friday, with the County requesting removal from the lawsuit, and being successful at being removed.
Mr. James C. Watkins, Clerk, discussed utilizing the services of the County Attorney for certain County issues and routine matters, in respect to the Clerk of the Courts, unless there is a conflict between the Board and the Clerk. He stated that he has consulted with Ms. Lustgarten on this issue, and would like the Board to concur with this process.
Discussion occurred regarding the budgetary issue in relation to the Clerk utilizing the services of the County Attorney, with Mr. Watkins stating that, should he have a conflict of interest with the Board, or a difference of opinion, he would seek private counsel.
Commr. Gregg stated that an equitable charge should be made when Ms. Lustgarten is acting on behalf of the Clerk's Office, and that he felt it would be to the best interest of the Clerk, as well as the Board, to utilize inhouse counsel for both functions, with charges being established.
PUBLIC HEALTH
Commr. Gregg directed the Board's attention to a letter received from Childhood Development Services regarding a request to authorize HRS to license family day care homes, which voluntarily request to be licensed.
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the above request, and stated that the latest ordinance, passed in 1988, indicates that the County will contract with HRS to license the homes.
Mr. John Swanson, Director of Development, addressed the Board to discuss the appropriate zoning code where this would be a permitted use, or an accessory, or a home occupation.
Commr. Swartz suggested that Mr. Strickland, Ms. Lustgarten, and Mr. Thelen review this request and see whether or not this meets the requirements of the County ordinance, and if not, Childhood Development Services can come back to the Board with a different proposal.
ENVIRONMENTAL SERVICES/LANDFILLS/MUNICIPALITIES/RESOLUTIONS
Commr. Swartz stated that the Board had received a letter and resolution from the City of Clermont opposing a landfill in South Lake County. The Board approved to acknowledge receipt of the resolution.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the appointment of Dayle Matthews to the District 3 position on the Lake County Library Board, representing Cooper Memorial Library.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/ENVIRONMENTAL SERVICES
Commr. Swartz discussed modifying the action taken last week by the Board, in regards to the Wetlands Committee. He requested that two more positions be added to the Wetlands Committee, and recommended Mr. Mike Stearman and Mr. Bernie Yokel be appointed to serve on the Committee.
Mr. Don Findell, Director of Environmental Services, discussed the number of members appointed to Committees established by the Board.
Commr. Gregg stated that he had no problem with the additional members, because all input would be considered from the Committee, as well as from the public. He further stated that these would be the last appointments made to this Committee.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointments of Mr. Mike Stearman and Mr. Bernie Yokel to the Wetlands Committee.
COMMITTEES/PLANNING & DEVELOPMENT/REPORTS/ORDINANCES
ROADS-COUNTY & STATE
Mr. Jim Stivender, Director of Public Works, introduced to the Board Mr. Don Griffey, Engineering Director, who has recently been employed by the County.
Mr. John Swanson, Executive Director of Planning and Development, presented a Comprehensive Plan Matrix and distributed to the Board members a memorandum containing the Comprehensive Plan Project Status Report, which reflected the following projects and activities, that are elements the County is required to perform under the State's Comprehensive Act:
1. County Comprehensive Plan
2. Municipal Comprehensive Plans
3. Impact Fee Study
4. Traffic Modeling Project
5. Access Road Ordinance
6. Wekiva River Protection Area
7. Assistance on Prison Site Selection
8. Recreation Formula
9. Community Development Block Grant Program
Mr. Swanson discussed the detailed Matrix and the individual elements to be performed by the County. He stated that, in addition to the County Comprehensive Plan, staff is preparing nine municipal plans, which are running concurrently with the elements shown.
Commr. Gregg directed Mr. Swanson to notify, through the County Manager, any elements that are running behind schedule, and any recommendations for bringing them up to schedule.
Mr. Swanson stated that the staff will be monitored on a weekly basis, with monthly staff reports being presented to the Board, through the County Manager.
Discussion occurred regarding the coordination of efforts the County has made with the cities, in developing comprehensive plans.
Discussion continued regarding the Land Use Plan, and the Committee established to work on the Plan.
Mr. Swanson presented a Comparison of Current Impact Fee Schedule and Proposed New Fees for the Board to review.
Mr. Tom Jackson, Hunter Services, Inc., appeared before the Board to discuss the Technical Report on Update of Impact Fees for Transportation Services, Second Draft, and introduced Mr. Cowen Purvis to discuss the changes.
Mr. Purvis presented to the Board the Impact Fee Formula to review while discussing the draft. Mr. Purvis stated that the updating of the fee schedule was guided by the following objectives:
1. Consistency of impact fees with County's current draft of the Comprehensive Plan, "Traffic Circulation Element."
2. Review of "Traffic Circulation Element" draft with regard to existing roadway network and identification of needed future improvements and LOS (Level of Service) standards.
3. Analysis of new trip generation characteristics by land use.
4. Analysis of roadway service capacities and construction costs.
5. Review of appropriate transportation fee credits.
6. Refinement of land use categories depicted in current fee schedule.
Mr. Purvis stated that the County currently proposes LOS "C" on all roads within the County, with the exception of Urban Minor Arterials, where LOS "D" is acceptable.
Mr. Purvis directed the Board's attention to Page 5, Table 1, which presents the Lake County roadway segments used to determine an overall average per lane capacity, and Page 7, Table 2, which presents the costs to provide added capacity to the County's roadway network. It was noted that right-of-way acquisition is not included in the calculations. Permitting and engineering costs are included, totaling an amount of $451,476.00 per lane mile.
Discussion occurred regarding Page 11, Table 3, Percentage of Gas Tax Revenues Available to Fund County Capital Improvements, which would be a total amount of $9.73 cents, and Page 14, Table 4, Transportation Impact Fee Calculations.
Mr. Thelen questioned changes made to the computing of fees for "stand alone/mixed uses", with Commr. Gregg stating that clarification needs to be made to the cities collecting impact fees, in behalf of the ordinance, in relation to the interpretation of retail uses.
Mr. Thelen questioned whether or not Hunter Services, Inc. used anything in the study that projects escalation, with Mr. Purvis stating that the study was based on current dollars. Ms. Lustgarten informed the Board that there are ordinances in the State that have an automatic cost of living escalation cost, which have been challenged and upheld.
Discussion occurred regarding the Board giving direction to Hunter Services, Inc., whether it approves basing the impact fee at a 60% projection used with the current ordinance, or to consider 85% for growth in Lake County, and to bring the proposed ordinance back for advertisement for a public hearing. At this time, the Board felt that an 85% projection should be used.
Commr. Swartz stated that he supported the 85% projection, and discussed land and right-of-way acquisition, and suggested that, at least with the new roads that the County is contemplating in the study, have right-of-way costs included in the fees.
Commr. Gregg stated that the County seriously needs to consider affordable housing, in relation to impact fees, and to take this in account when developing a new ordinance.
Commr. Swartz questioned whether or not the Board has had a change in opinion, as to the participation in the impact fees by the cities. He stated that there are still five municipalities that are not participating in the impact fees, and urged the Board, in the revision of the ordinance, to include with the County all municipalities in paying for the road needs.
Commr. Gregg spoke to Fruitland Park and Lady Lake asking them to opt into the impact fees, and if they did not volunteer to do so by next July, he would vote favorably for a requirement in the ordinance for all municipalities to be included in the impact fees.
Mr. Tim Sullivan, City Commissioner, Fruitland Park, stated that he, among the rest of the Commission, are not sure of the level of services that are going to be required by the State, and requested that the County staff put together a workshop to discuss the level of services. Commr. Bailey stated that he has had a similar request from Groveland and Mascotte for a workshop meeting.
Commr. Swartz stated that it is the developers and builders who are paying the impact fees, with the cities collecting the fees based on the growth of the County, and that he cannot reconcile the cities not participating in impact fees.
The Board directed Hunter Services, Inc. to prepare a draft amendment to the existing impact fee ordinance evaluating the inflation factor, the agricultural uses at 85%, and assuming right-of-way, with the information being brought back before the Board possibly at the first meeting in November.
LAWS & LEGISLATION/JAILS
Mr. Al Thelen, County Manager, discussed a memorandum regarding Sales Tax Revenue Analysis, and a report that was presented to the staff on October 6, 1989, by Mr. Bill Reagan of Alex, Brown & Sons, Inc. While the sales tax receipts are sufficient to cover the existing $38,840,000.00 debt, the receipts are not adequate to cover a second bond issue.
Mr. Thelen stated that, while the County authorized the issuance of $50,000,000.00 worth of sales tax bonds in 1987, additional bonds cannot be sold until sales tax receipts exceed the annual debt service by 1.35%. This means that the sales tax receipts would have to reach $5,720,000.00 for a 12 month period. It is estimated that the fiscal 1988-89 sales tax revenues will be approximately $4,650,000.00.
Interest earnings are estimated to supplement the $30 , 840,000.00 bond issue by $10,406,000.00 through 1992. Taxes will bring total available funds to $49,246,000.00. The County will not have sufficient funds to construct the criminal justice center and the landfill from the bond issue.
Mr. Thelen stated that he is working with Mr. James C. Watkins, Clerk, in developing a monthly project report that can be used to keep the Board informed of activities with the criminal justice center project, as well as a monthly update on the sales tax receipts.
Commr. Swartz requested a memorandum from Mr. Thelen to bring the Board up to date on the limitations on bonding landfill revenues, with regard to the County's contractual commitments with the incineration project, with Mr. Thelen stating that he will be meeting with representatives from Ogden Martin to obtain data pertaining to this issue. Mr. Thelen further stated that he will have the information in approximately two weeks.
Mr. Watkins stated that there may be two options which are as follows, one, extending the life of the one cent sales tax beyond 15 years, by lobbying through the Legislature, or two, looking at the $5,000.00 limit, and increasing this to a larger amount. Both would bring a non ad valorem taxation source of revenue for capital improvement.
Commr. Gregg stated that the State Association is presently concentrating on transportation and adopting the additional gas tax without going to referendum.
Commr. Gregg directed Ms. Lustgarten and Mr. Thelen to look at the possibility of a referendum for next year, to obtain land acquisition, and how the County can structure the sales tax for such land acquisition, with the information being presented to the Board within the next six months.
RECESS & REASSEMBLY
At 11:00 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m., for the Wekiva Workshop.
WATER RESOURCES/ORDINANCES/PLANNING & DEVELOPMENT
Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board and stated that this meeting was the continuation of the workshop held on September 19, 1989, with direction given to staff to continue the commercial point system, and the 12,500 square foot requirement in ten acre 3.D policy for open space. Mr. Swanson stated that a modified point system has been prepared.
Commr. Gregg stated that, after meeting with the Department of Community Affairs (DCA), everyone came to an agreement to limit the number of units that can be built to equal that under existing zoning, with concentration being given to the development of densities one to one, as much adjacent to the urban compact node as possible, and gradually reduce densities towards the environmental areas. DCA suggested that they review the County's point system.
Commr. Gregg stated that the Board did not have counsel in Tallahassee, but directed Ms. Annette Star Lustgarten to obtain names, but not to contact anyone at this time.
Mr. Mike Szunyog, Planning Director, appeared before the Board to discuss the memorandum pertaining to the Commercial Point System--Mt. Plymouth-SorrentoUrban Node,-Wekiva River Protection Area, and the Proposed Changes to the Point System.
The memorandum entailed the following information, as was commented on by Mr. Szunyog:
Because of the limitations placed on commercial development within the Wekiva River Protection Area by the Wekiva River Protection Act, an important criterion would be that any commercial development proposed would have to relate directly to the market demand for such development, and should, therefore, require a market study that would show such demand based on population, as well as other factors. The apparently speculative rezoning of parcels to commercial zoning classifications should be discouraged.
Staff examined the potential application of a point system within the urban node/Protection Area,, and for the following reasons concluded that such a system is not relevant to the area in question:
1. Approximately one half of the urban node lies outside the Wekiva River Protection Area. Potential commercial locations exist which are directly adjacent to the Protection Area, and both within and outside of the urban node, which better meet the basic locational principles for siting commercial development. These locations include the northwest corner of SR 46 and CR 437; the northwest corner of CR 437 and Wolf Branch Road; the northwest and southwest corners of SR 44 and CR 437, approximately one mile north of the urban node boundary.
2. Within the urban node/Protection Area boundaries, only the intersections of SR 46 and CR 435, and SR 46 and CR 437 meet the locational standards for commercial development at major intersections.
3. Existing commercialiy zoned property within the urban node, both development and undeveloped, contains approximately 136 acres. Based on a comparative analysis, there appears to be adequate commercially zoned land to accommodate the future need of both the urban compact node and surrounding areas.
4. In addition, other, older commercial development exists in Mt. Plymouth near SR 46 and CR 435, and in Sorrento along SR 46 between CR 437 (northbound) and, CR 437 (southbound). Many of these older parcels are underutilized or in poor condition, and could be renovated or redeveloped to offer more viable commercial centers.
Commr. Swartz stated that he thought at a previous meeting that the County had decided to allow commercial at intersections that already have commercial, which was at SR 46 and CR 437, and CR 437 and SR 44, in the Protection Area.
Mr. Steve Richey, Attorney stated that he thought the trade off that would be allowed under a point system would be more commercial in the urban node, than to do away with the commercial in the outlying, area.
Commr. Gregg, stated that it is the consensus of the Board to do away with commercial at those intersections where it is not presently located, and will be receptive to commercial being located within the urban node.
Commr. Swartz suggested placing all possible commercial zoning at the intersections discussed earlier, and to get rid of the interchange, in terms of commercial, because the interchange is the most harmful, in terms of commercial development. He suggested going along with DCA on the amount of acreage (two acres), at the intersections.
Mr. Steve Richey, Attorney, appeared before the Board and discussed the staff's position on SR 46 and SR 46A, near the turnpike, which allows no commercial at all in this area, and stated that he felt the County should be able to design a commercial area that accomodates migration.
Commr. Gregg and Mr. Swanson stated that they did not recall DCA making any comments pertaining to the interchange.
Ms. Debra Shelly, Department of Natural Resources, and member of the Environmental Advisory Group, for the Beltway Authority, appeared before the Board and discussed the interchange issue, stating that the Group is trying to work with the Department of Transportation in a design plan that will take into account the design of the interchange and supervise the wildlife. The design concept will minimize the intensity that will be incurred by the interchange, and to place a commercial establishment adjacent to the interchange would legate the planning design that the Group has been working towards. She further stated that they would oppose the commercial establishment at SR 46 and SR 46A as well. She stated that the commercial should be within the urban node, and that her comments are based on environmental and technical data.
Ms. Cecelia Bonifay, Attorney, appeared before the Board and stated that she did not feel that the wildlife concern could be quantified, and in dealing with the design of other projects within the basin, when those other environmental agencies cannot make the decisions, total elimination is foreseen.
Ms. Shelly stated that the environmental advisory groups, and other people working on advising the Beltway Authority, have recommended the interchange be a limited interchange, and that there be very limited activity at the site of the interchange.
Ms. Jennifer McMurtray, Department of Natural Resources, stated that her problems are based on the amendment, that the County will be spending money to perform a Small Area Study, when we can tell the County now of the situation to the wildlife migrations in this area, and will most likely recommend against it.
Discussion occurred regarding future amendments to be made to the Comprehensive Plan, which pertain to acreage, with Ms. Lustgarten stating that this issue could be addressed by stating that no commercial use will be permitted until the development of the Beltway, and only after an area study is completed. She further stated that language is needed to make it clearer that a land use plan amendment, pursuant to Chapter 163, will be required, when the determination is made, with staff being given direction to proceed with the changes.
Mr. Szunyog discussed the memorandum regarding changes to the Point System, with Commr. Gregg stating that he felt the changes will satisfy DCA.
Mr. Larry Kirsch, Planning Department, explained to the Board the changes made to the Point System, and stated that the maximum points attainable would be 150 rather than 135. At this time, Mr. Kirsch discussed the handout involving the development of scenarios using the Point System.
Commr. Swartz discussed the portion of the Zoning Ordinance, which states "buildable acres", which states that you cannot build on an open water body, or a wetland, or a road that goes to a subdivision, and questioned the scenarios showing gross acres. He stated that the Point System being proposed is not consistent with the plan being proposed.
Ms. Bonifay discussed procedures used in the past for the determination to be made for the buildable acreage, including taking out road right-of-way, open water bodies, and although it does not make reference in the County Code, staff was also taking out wetlands. She stated that, in her research, she found no mention in the Code, as to how wetlands can be removed. Ms. Bonifay further stated that a legal opinion was requested from Mr. Bill Stearn, County Attorney's Office, with the determination that only road right-of-ways and open water bodies could be taken out, with the Code having no requirement for wetlands.
Commr. Gregg stated that the the Board and staff have made the determination that, presently, agricultural zoning is allowed at one to five gross, with the only exclusions being road right-of-way and open water bodies.
Commr. Swartz stated that the Act itself says that the County should encourage those types of clustering, and separation from the water body, and other low density development, in all of the basin, not just in PUD's, which is not what is being establshed.
Commr. Bailey stated that the Task Force unanimously agreed to encourage clustering, with Mr. Szunyog stating that DCA also encourages clustering.
Ms. Lustgarten discussed the State Statute saying that it encourages clustering, retaining the rural nature of the land, and protecting the environmentally sensitive area. She stated that the Board is discussing retaining the rural nature of the land, with clustering being one of those methods. She further stated that she was of the opinion that the Board wants to protect that land that is not going to be in a PUD.
Commr. Swartz stated that the County should either meet the provisions in terms of clustering, and if that does not work, then deal with net densities and remove the wetlands from the determination of density.
Commr. Bailey and Commr. Gregg stated that they did not feel that clustering in agricultural zoning would work.
At this time, Mr. Kirsch continued discussing the changes made to the Point System.
Discussion occurred regarding the land use plan, with land use designations, and limited densities.
Mr. Swanson discussed the procedures used by the staff in developing the proposed plan based on existing zoning and 18,000 units.
Ms. Lori L. Hazel, Lake County Forester, appeared before the Board and stated that, presently, DCA does not require any approval process, and does not restrict forestry in uplands, and that the proposal being made by staff has been interpreted as to allow only what is presently in forestry production. At this time, Ms. Hazel discussed the logging operations in Lake County, and stated that the report provided to the Board members is to educate them on the forests and forested wetlands.
Discussion occurred regarding Page 37 of the proposed amendment regarding an agricultural plan and silviculture, and a harvesting plan.
Commr. Gregg stated that the intention was to allow a transfer from agriculture to silviculture as an acceptable use.
Commr. Swartz suggested placing paragraph 2 under Agriculture, Policy 8, into Policy 9, Silviculture, which would clarify any question of being an acceptable use, and for staff to include the definition of silviculture, and to look further into the definitions that may help in clarifying the amendment.
Mr. Don Findell, Director of Environmental Services, discussed the harvesting plan with Ms. Hazel, with Ms. Hazel stating a concern with the time requirement involved. Mr. Findell stated that the time element would involve 30-45 days for staff and Board approval.
It was noted that the staff and Board will continue to follow the schedule provided to the Board dated September 25, 1989, received from Ms. Annette Star Lustgarten, County Attorney, as to the hearing schedule for the Wekiva River Protection Area Comprehensive Plan Amendment and Zoning Regulation Amendment.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:30 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK
TMA/lO-27-89/BCC