The Lake County Board of County Commissioners met in regular session on Tuesday, February 20, 1990, 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: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Thomas J. Windram; Richard Swartz; and Don Bailey. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, County Manager's Assistant; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.
MINUTES
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of January 16, 1990, as presented.
Regarding the Minutes of January 23, 1990, it was noted that the following changes needed to be made:
Commr. Gregg requested the following changes:
On Page 6, Line 12, it should reflect that the Greater Orlando Aviation Authority might appeal... to the Federal Aviation Authority.
On Page 15, Lines 14 & 15, it should reflect bond rated, rather than able to issue bonds.
On Page 16, Line 4, it should reflect the Town Hall Meeting in Lady Lake, on February 27, rather than February 22.
Commr. Swartz requested the following changes:
On Page 1, Line 7, it should reflect Commr. Bakich, Chairman, rather than Commr. Gregg.
On Page 20, Line 23, Ms. Marilyn Bainter's name is incorrect, it should be spelled Bainter, rather than Banks.
On Page 37, Line 18, MI;. Frank Paulhamus's name is incorrect, it should be spelled Paulhamus, rather than Hamison.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of Januany 23,.1990, as corrected.
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Accounts Allowed
Payment of Warrant No. 117370 through Warrant No. 117687 for the following accounts:
General Revenue Countywide Library
Pasco Fire District Section 8
Operating Supplies Road Impact Countywide Fire District
County Transportation Trust Mt. Plymouth Fire District
Revenue Sharing Fine & Forfeiture
Private Industry Council Land
Mosquito Control Paisley Fire District
Aquatic Weed Bassville Fire District
Capital Outlay South Lake Fire District
Self Insurer's Fund Landfills
Northwest Fire District
Accounts Allowed/Counts-Judges
Satisfaction of Judgment for Emily Rose Low and Emily Mudry, Case No. 89-1131-CJ, in the amount of $50.00.
Grants/Resolutions
Acknowledged receipt of Resolution No. C-1990/015 of the City Commission of the City of Deerfield Beach, expressing the concern of the citizens of the City of Deerfield Beach, Broward County, Florida, regarding the interstate allocation of grant funds relative to the payment of Florida taxes; providing for true copies; providing an effective date.
CLERK'S OTHER BUSINESS
ADMINISTRATIVE SERVICES/BUDGET TRANSFERS/CLERK
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the transfer of budget funds for the Budget Analyst Position from the Clerk's Budget to the Board of County Commissioner's Administrative Services Budget, in the amount of $24,079.00.
COUNTY MANAGER CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following:
Accounts Allowed/Communications
Request to acknowledge receipt of the notification of an increase in rates from Friendship Cable from $14.65 to $16.30.
Planning & Development/Subdivisions
Request for preliminary plat and construction plan approval of Wedgewood Club, Phases IV and V.
Bonds - Mobile Home
Request for the following individuals to live in a mobile home on the same piece of property on which their conventional dwelling units are being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit or upon the request of the Board of County Commissioners:
Robin Siegmund - W. Ferndale area - District #3
Marion McNair - Bassville Park area - District #l
James Granger - Mt. Plymouth area - District #4
Resolutions/Signs
Request to post "No Parking" signs along Magnolia Lane #3-3124A and Live Oak Avenue #3-3224A.
Road Closings - Permission to Advertise
Request to advertise Road Vacation Petition No. 577, for REVEST III, Inc., to vacate road, streets, plat and lots, in the Mt. Plymouth area.
Request to advertise Road Vacation Petition No. 592, for Waterman Memorial Hospital Associates, Inc., by Zebulon L. Osborne, President, to vacate roads and lots, Assembly Heights Subdivision, Plat of East Umatilla, in the Umatilla area.
Request to advertise Road Vacation Petition No. 593, for David and Vivian Dwelley (c/o Samuel R. Pennington, P.A.), to vacate a portion of Canal Street, Treasure Island Shores First Addition, in the Leesburg area.
Request to advertise Road Vacation Petition No. 595, for Rufus B. Ward, to vacate a portion of Clark Street, Silver Lake Estates Subdivision, in the Silver Lake area.
Request to advertise Road Vacation Petition No. 596, for James P. Loflin, to vacate an Unnamed Road, Plat of Astatula, in the Astatula area.
COUNTY MANAGER DEPARTMENTAL BUSINESS
BUDGET TRANSFERS/ENVIRONMENTAL SERVICES/PUBLIC WORKS
Ms. Eleanor Anderson, Director of Administrative Services/ Budget, appeared before the Board to discuss certain Budget Transfers and other items affecting the budget.
On a motion by Commr. Gregg, seconded by Commo. Windram and carried unanimously, the Board approved the following:
Public Works - Budget Transfer of $46,814.00
Environmental Services - Budget Transfer of $23,000.00
Capital Improvements/Sales Tax Bond Construction - Budget
Transfers of $18,579,126.00
CONTRACTS, LEASES & AGREEMENTS/PRIVATE INDUSTRY COUNCIL
Ms. Robbie Baird, Director, Private Industry Council, appeared before the Board to discuss the request for approval of the 1990-1991 Plan of Service for the Job Training Partnership Act.(JTPA) programs for submission to the Volusia, Lake, Flagler, Private Industry Council, Inc. She noted that the estimated planning amount is $703,560.00, and there has been a 10 percent reduction from the previous year.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request fnom the Private Industry Council, for the approval of the 1990-1991 Plan of Service for the Job Training Partnership Act (JTPA) progcams for submission to the Volusia, Lake, Flagler, Private Industry Council, Inc., and the authorization for the Chairman to sign the necessary documents.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
JAILS/PURCHASING
Mr. Mike Andeason, Capital Improvements Director, appeared before the Board to discuss the request for approval to encumber a total of $5,500,000.00 for a blanket purchase order for Baston-Malow Company.
Commr. Gregg stated that, possibly, $1 million or $1.5 million would be more appropriate for the blanket purchase order to gain more control for accountability of the monies.
Mr. Anderson stated that, the amount was obtained from the cash flow projection that was generated by Barton-Malow for labor and material. He added that, if the amount was decreased to $1.5 million, it would not be a problem, but they would need to come before the Board every month or two for approval of additional monies.
Mr. Al Thelen, County Manager, suggested listing this request on the agenda every six weeks, for $2 million, and providing accountability for the previous weeks at that time.
On a motion by Commr . Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request for approval to encumber a total of $5,500,000.00, and updating an amount of $2,000,000.00, for a blanket purchase order for Barton-Malow
Company to come before the Board at six week intervals.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
PLANNING & DEVELOPMENT
Mr. Al Thelen, County Manager, discussed the request from the Planning staff to initiate an amendment to the contract with Hunter Services (Reynolds, Smith and Hills) for an additional proposed trip generation study, for mobile homes on individual lots, at a cost of $5,500.00, as requested by the Board.
Commr. Windram questioned the reasoning behind the non-inclusion of mobile home rental parks and recreational vehicle parks. To which Mr. Thelen responded that both mobile home parks and RV parks a re in the ordinance that will be up for consideration later: this date, and mobile homes have been included as single-family residences.
Mr. Thelen added that, under the study suggested based on the National Traffic Statistics, the consultants recommended that mobile homes be reduced in relation to single-family residences, which were previously the same.
Commr. Gregg stated that, the Board had determined that they had intended on reviewing all mobile homes, not only those on individual lots. He added that, the study needs to further define, not only single family detached homes and mobile homes, but the different classifications beyond those types of homes.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried uanimously, the Board approved to postpone the request from the Planning staff to initiate an amendment to the contract with Hunter Services (Reynolds, Smith and Hills) for an additional proposed trip generation study, for mobile homes, at a cost of $5,500.00, until later this date.
ACCOUNTS ALLOWED/BONDS - MOBILE HOME
Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request to demand payment on the existing Mobile Home Bond for James Williams, Umatilla area, District #5. He noted that, payment is requested because no substantial progress has been made on the property.
It was noted that the applicant was not present.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to demand.payment on the existing Mobile Home Bond for James Williams, Umatilla area, District #5.
CONTRACTS, LEASES & AGREEMENTS/LICENSES & PERMITS
SUBDIVISIONS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute an agreement with Waterwood Subdivision, to permit the issuance of building permits for two model homes prior to the submittal of road improvement plans.
PUBLIC HEARINGS - ROAD CLOSINGS
Petition No. 564 - Suzanne G. Dalin - Lake Jem Area
Mr. Sanfoad Minkoff, Attorney representing the petitioner, was present to discuss the request with the Board.
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the January 25, 1990, and February 1, 1990, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate road and lots, Lake Jem Properties and Lake Gem Villa Sections II and 12, in the Lake Jem area, as advertised in Petition No. 564, by Suzanne G. Dalin.
Petition No. 567 - Franklin D. & Janet McClenny - Mt. Plymouth Area
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the January 30, 1990, and February 6, 1990, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request to vacate Coldstream Street and lots, in the Mt. Plymouth area, as advertised in Petition No. 567, by Franklin D. and Janet McClenny.
Petition No. 585 - Richard H. Langley - Groveland Area
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the January 25, 1990, and February 1, 1990, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to vacate right-of-ways and lots, Plat of Gaoveland Farms, in the Groveland area, as advertised in Petition No. 585, by Richard H. Langley.
Petition No. 588 - Greg L. Harvison - Eustis Area
Mr. Greg L. Harvison, petitioner, appeared before the Board to discuss the request. He noted that, there is a well in the middle of the road, and the road has a 20 foot gas line across it, and would like the road closed so that he can use the well. He further noted that, the road was platted 60 years ago, is in a citrus grove, and does not run to any property.
Mr. Jim Johnson, Right-of-Way Supervisor, Florida Gas Company, appeared before the Board and stated that the gas company has no problem with the request, as long as the owner agrees to grant an easement for the gas company, at the point where the road crosses the main gas line, not to be used for legal access.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved to postpone the request to vacate an Unnamed Road, in the Eustis area, as advertised in Petition No. 588, by Greg L. Harvison, until the March 6, 1990, Board meeting.
Commr. Gregg was not present for the vote.
Petition No. 589 - Pharoah Silcox, Jr. or Allison H.Buchanan - Sorrento Area
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the January 25, 1990, and February 1, 1990, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate an unnamed alley an parcel, Spencer's Addition, in the Sorrento area, as advertised in Petition No. 589, by Pharoah Silcox, Jr. or Allison H. Buchanan.
Petition No. 590 - Lake County - Sorrento Area
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the January 25, 1990, and February 1, 1990, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the request to vacate streets and lots, Reeve's Subdivision, in the Sorrento area, as advertised in Petition No. 590, by Lake County (c/o Dottie Keedy, Program Coordinator).
Ms. Annette Star Lustgarten, County Attorney, noted that, regarding this petition, there will be a rezoning of this property this afternoon, for park purposes. She added that, this is the
Sorrento Park which the Board previously allocated $30,000.00 for park purposes. She further added that, the East Lake County Kiwanis Club is negotiating with the County for the construction improvements and the running of the park, but there is a problem with who will be assuming responsibility for, maintenance, insurance and utilities, which will need to be discussed.
It was the consensus of the Board to address this item later this date.
Petition No. 591 - Rance Pearson - Mt. Plymouth Area
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the January 25, 1990, and February 1, 1990, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate a street, Mt. Plymouth Section "A" Subdivision, in the Mt. Plymouth area, as advertised in Petition No. 591, by Rance Pearson (Eastern Marketing Group, Inc.).
OUTDOOR RECREATION
Ms. Audrey Reed, Lake County Rails to Trails, appeared before the Board to deliver a presentation on Rails to Trails.
Mr. Ken Norquist, a member of the Lake County Rails to Trails and the Clermont City Council, appeared before the Board and stated that he feels that Rails to Trails is a viable program.
Ms. Reed thanked the Board for their past letters and Resolution in support of Lake County Rails to Trails, and proceeded with presenting a brief slide presentation on Rails to Trails.
Mr. Norquist discussed the trail in south Lake County, Winter Garden to Mascotte, which was abandoned three years ago. He noted that the property had reverted to the previous property owners, and he has been working closely with the Department of Natural Resources (DNR) Acquisition Committee for Rails to Trails, on the acquisition of the property. He added that, they have researched the property owners and are working on obtaining verbal and written commitments to present to the DNR to ensure them that it is a viable proposal.
Mr. Norquist stated that he feels that it is a viable and important project because it would link all of the downtown areas, bringing life back into some of those areas.
Mr. Greg Beliveau, a member of the Lake County Rails to Trails and The Land Planning Group, appeared before the Board and stated that Phase I of the project, consists of approximately four miles of bicycle trails, linking the east and the west, to downtown and the high school. He discussed the aspect of point systems and PUDs. He noted that these trails allow the linking of bicycle trails from Lake to Orange County, and commercial and residential areas, alleviating some of the traffic flow on the main highways.
Mr. Norquist reappeared before the Board to discuss what Orange County is doing to enhance the project, by connecting the Mascotte -Winter; Garden line to Altamonte Springs. He urged the Board to consider the proposal from Lake County Rails to Trails at some future date. He added that, when presented, the proposal will explain, in detail, the status of Rails to Trails, what other.county's are doing, and Lake County's part.
Ms. Reed noted that, it would be beneficial to have County staff assist them in identifying landowners, planning for trails, planning for abandonments, and piecing together the lines.
Commr. Bakich stated that, the Recreation Director, when that person is hired would be the one to direct to coordinate those above mentioned acts.
Mr. Steve Richey, Attorney, noted that this project could develop funding by utilizing impact fees and user fees.
Ms. Reed stated that, she would research the possibility and implementation of user fees for upkeep of these trails.
RECESS & REASSEMBLY
At 10:50 a.m. the Chairman stated that the Board would recess until 10:55 a.m.
GRANTS/OUTDOOR RECREATION
Mr. Al Thelen, County Manager, noted that when the money was appropriated for the Sorrento-Mt. Plymouth Park, there was no discussion as to how the maintenance and insurance for the park would be handled.
Ms. Annette Star Lustgarten, County Attorney, addressed the legalities of the matter, in which she stated that the monies allocated were for improvements to the County park facility, acquired through a Community Block Grant for park purposes. The issue is, that once the improvements are completed, the park will include a variety of uses, therefore, the County needs to address the maintenance, insurance, and utility responsibility. She added that, the County has an agreement with the Kiwanis where the County is giving them the funds, indicating how those funds will be used, and the Kiwanis' goal is to do the actual construction of the facilities. Subsequent to that, the County may enter into an agreement whereby the Kiwanis will operate certain programs and provide access to the park. The issue of actually running the programs, maintaining the facility, assuming the insurance responsibility, and paying for the utilities, is what needs to be addressed and resolved.
Commr. Windram stated that, the land was initially purchased through a Community Block Grant for; a park for that area, along with some road construction that was done. Several years ago, there had been an agreement between the County and the Citizens Advisory Committee in relation to the operation of the park. The Citizens advisory Committee collected money among themselves and furnished swings, grills, and other items for the patk, but since it was not fenced in, they were vandalized. Since that time, the Kiwanis indicated that they wanted to become involved in providing recreational facilities for the people in the area and have agreed to oversee the park, but are presently concerned with the responsibility for insurance, maintenance, and utilities.
Mr. Fred Richards, Chairman of the East Lake Kiwanis Sorrento Park area, appeared before the Board to discuss the project and state their concerns to the lease agreement for the insurance.
Commr . Swartz indicated that the arrangements were for the County to fund the park, along with the Kiwanis, and that the County should pay for the operational costs, which should be covered under the County's umbrella insurance policy. He added that, staff should evaluate the projected costs in relation to the operation and maintenance of the park.
Ms. Annette Star Lustgarten, County Attorney, stated that, there are two agreements, an agreement where the County is giving the Kiwanis the funds for construction, and a lease agreement indicating that the Kiwanis would assume responsibility foe running the park. She further stated that, presently, a contract for service, is being established where the Kiwanis would assume responsibility for opening the park, minimal maintenance, with the County assuming the balance of the responsibility for insurance, utilities, and major maintenance.
Commr. Swartz noted that, very soon the County will have a Recreation Director on board and it would be appropriate to have that person work with the Kiwanis group, as well as other groups, to help put in place programs and supervision for parks.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved to assume the responsibility of the insurance utilities, and major maintenance for the Sorrento-Mt. Plymouth Pack.
Commr. Gregg was not present for the vote.
COUNTY MANAGER DEPARTMENTAL BUSINESS (CONT'D.)
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the request to advertise for bids on C-44A "Part" Resurfacing Lump Sum Project No. 7-90, at an estimated cost of $150,000.00.
Commr. Gregg was not present for the vote.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the request to advertise for bids on C-48 Resurfacing Lump Sum Project No. 8-90, at an estimated cost of $305,000.00.
Commr . Gregg was not present for the vote.
ACCOUNTS ALLOWED/BIDS/ESCROW/ROAD PROJECTS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the request to advertise for bids on Dora Pines Improvement Design-Build Construction Lump Sum Project No. 9-90, at a cost not to exceed $133,440.46 (total escrow account).
Commr. Gregg was not present for the vote.
CLAY PITS/MUNICIPALITIES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the request to load and haul 1,250 cubic yards of clay for four new ball fields in the City of Clermont.
Commr. Gregg was not present for the vote.
BIDS/OUTDOOR RECREATION/PUBLIC WORKS/WATER AUTHORITY
Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that both Public Works and the Lake County Water Authority has some problems with the one bid that has been received, concerning the Marsh Park project, and recommends discarding this bid and rebidding. He added that, to rebid the project it will take an additional two months.
Mr. Will Davis, Lake County Water Authority, appeared before the Board and stated that, the major costs of the project are for the parking lot of soil, cement and asphalt. He suggested changing the parking lot to a mulch type lot, which is less costly, initially, but it does require more maintenance.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved to reject the one bid received on the Marsh Park project, and readvertise for bids utilizing alternative methods.
Comme. Gregg was not present for the vote.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the request for a mini-storage lease agreement between Lake County and Lake Warehousing and Development Corporation of Mount Dora, Florida, for warehouse space, for use by the Public Defender's Office, at a cost of $213.00 per month.
Commr. Gregg was not present for the vote.
JAILS/POLLUTION CONTROL
Mr. Mike Anderson, Special Projects Cooudinatot, appeared before the Board and presented a brief update on the water and trash that was discovered at the southwest corner of the Criminal Justice site. He stated that, the problem was not found where any future buildings will be placed, and is part of the wetlands. He also btought the Board up-to-date on the bidding process of the Prelude project for the Jail.
Mr. Al Thelen, County Manager, noted that, based on the report of the first analysis of the privatization of the Jail, they are not considering Prycote any longer.
AGRICULTURAL CENTER/ENVIRONMENTAL SERVICES/LANDFILLS
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that the next Amnesty Days project, for hazardous waste, will be held March 2nd and 3rd, 1990, at the Agricultural Center.
COUNTY EMPLOYEES/RESOLUTIONS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved to adopt a Resolution commending Glenn W. Timmons, Personnel Director, for his years of service to Lake County, in view of his upcoming retirement.
Commr. Gregg was not present for the vote.
RECESS & REASSEMBLY
At 11:40 a.m. the Chairman announced that the Board would recess for Lunch and reconvene at 2:00 p.m. for Rezoning.
ZONING
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following postponements:
#208-89-4 Jon Hall March 20, 1990
#253-89-4 Genesy's Corporation March 20, 1990.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following withdrawal:
CUP#89/10/7-2 James P. Gills
PUBLIC HEARING #224-89-4 A to RR o r AR Bob Chubboy
Mr. David Clapsaddle, Springstead Engineening, representing the applicant, appeared before the Board and reviewed a compromise which had been settled on with the abutting property owners and the applicant.
Commr . Windram discussed his objections to the rezoning request for RR (Rural Residential).
Commr. Swartz stated that, the parcel should be rezoned to AR (Agricultural Residential) and RR (Rural Residential) on certain portions.
Mr. Bob Cubboy, applicant, appeared before the Board and stated that he is anxious to receive the rezoning in order to commence with construction on his house, which is on Lot 9.
It was noted that Mr. Chubboy could obtain a building permit today to begin his house.
Discussion occurred regarding rezoning the front 320 feet of the property to RR (Rural Residential) and AR (Agricultural Residential) on the balance of the property.
Mr. Randy Chavers, a resident of the area, appeared before the Board and stated that he has no problem with the rezoning of the property, but was concerned with future divisions of the property.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved to rezone the property from A (Agricultural to RR (Rural Residential) on the front 320 feet and AR (Agricultural Residential) on the balance of the property, with legal descriptions being provided to coincide with the request and with the provision that access will be off of the center road, as opposed to off of Wolf Branch Road, to create single-family residential homesites.
PUBLIC HEARING CUP#89/9-4-3 CUP in A Lloyd E. Mackey
No one present in the audience wished to discuss the request for rezoning with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultual), to allow a second temporary residence on the site for the care of an infirm parent.
PUBLIC HEARING #256-89-4 A to RE or RR Jeffrey C. Perrett
Ms. Cecelia Bonifay, Attorney representing the applicant (Brown who is purchasing the property from Perrett), appeared before the Board to discuss the request.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to create four one-acre parcels and one two-acre parcel.
PUBLIC HEARING #251-89-3 RP + CUP#923A-3 for a PUD to
PUD Joe Scott
Mr. Greg Stubbs, Acting Director of Development Coordination, stated that when this CUP was originally granted thete was no PUD, and the previous Board had indicated that they would grant a CUP on the stipulation that a PUD be in place by a certain date.
Commr. Swartz made several comments in relation to impact fees and schools and suggested that the Board have Hunter Services put additional emphasis on getting the impact fee study for schools back to the Board as soon as possible, and that the Board adopt and implement those impact fees.
Considerable discussion occurred regarding impact fees.
Dr . Tom Sanders, Lake County Superintendent of Schools, appeared before the Board to discuss their concerns to the development and the impact it would have on the area schools. Commr. Swartz discussed requirements in the Growth Management Act in regard to schools, and added that, the County needs to establish a voluntary element for schools in their Comprehensive
Plan.
Dr. Sanders noted that, with this development, four new schools would need to be built in the area.
Mr. Al Thelen, County Manager, stated that, the School Board has appointed a representative to review impact fees with the County's citizens committee on impact fees.
Commr. Swartz noted that, he had requested staff to prepare some language regarding fire stations, law enforcement, and schools in PUDs, to indicate that the County will reserve the right to an equal dollar amount for those facilities and will release site obligations within six months.
Mr. Nick Pope, Attoaney representing the applicant, appeared before the Board to discuss the request.
It was noted that the impact fees would be due at the time the building permits are paid.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved for staff to insert within the PUD Ordinance the following:
The Lake County Board of County Commissioners reserves the right to change the request for property and buildings dedicated to fire protection, law enfoocement, and public schools, to an equal dollar amount so as not to conflict with plans for future growth. The County will reserve or release site and facility obligations within six months of the approval of this PUD.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved to add the inclusion of access to the north of Highway 27 and a 15 acre site for a school, and the request for rezoning from RP + CUP#923A-3 for a PUD to PUD (Planned Unit Development ), to create a multi-family and single-family residential development with associated commercial and recreational uses.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved that the changes to the PUD are not substantial deviations from the Development of Regional Impact (DRI).
PUBLIC HEARING #10-90-S CP to A Nancy Webb
No one present in the audience wished to discuss the request for rezoning with the Board.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from CP (Planned Commercial) to A (Agricultural), to build single-family residences, and instructed staff to readvertise the rezoning request for RA (Ranchette).
PUBLIC HEARING #2-90-4 A to RR 0. H. Roberts, III
No one present in the audience wished to discuss the request for rezoning with the Board.
On a motion by Commr. Windram, seconded by Comm. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to construct single-family
residential homes on the site.
Commr. Swartz was not present for the vote.
PUBLIC HEARING CUP#90/1/1-4 CUP in A New Garden Coal Co.
Mm. Jerrry Fazli, applicant, was pmesent to discuss the vequest
with the Boamd to allow for a sludge spneading operation.
Ms. Cecilia Bonifay, mepmesenting the City of Mt. Dora,
appearned befoce the Board to discuss the tequest and stated that the
City is in support of the request.
Comma. Windmam questioned whethev the sludge will be tlreated.
To which Mu. Favr responded that it would, and explained the psocess
which would be used..-____ ,,._,.-. .-.___ -._
M!i. Richatd Roof, Pollution Control, appealied before the Boarid
and noted that the conditions of the CUP comply with 17.7, Palrt 4,
of the Florida Administrative Code.
Mr. Aelis McAllistec, with the applicant, explained the sludge
spl;eading operation to the Boacd.
Comme. Bailey stated, fob the liecord, that he had previously
talked with Bar;baca Griffin, of the CARL Committee, and she had
informed him that they welie opposed to the cequest, but he had
rieceived no formal statement from heri.
On a motion by Commr. Windtam, seconded by Commn. Griegg and
cazrzied, the Boavd upheld the eecommendation of the Planning and
Zoning Commission, as amended, and approved the request foe a CUP in
A (Agricultucal), fan a sludge sprieading opelration.
Commli. Bailey voted "NO".
PUBLIC HEARING #5-90-4 R-l-5 to PFD Lake County Boaljd of
County Commissioners
No one present in the audience wished to discuss the request
foe aezoning with the Board.
On a motion by Commu. Windsam, seconded by Commn. Swalitz and
calczied, the Boarid upheld the aecommendation of the Planning and
Zoning Commission and approved the aequest foe rezoning from R-l-5
(Mobile ot Mixed Residential) to PFD (Public Facilities Distnict),
to consteuct a County pack.
Commu. Gliegg was not pcesent foE the vote.
PUBLIC HEARING #4-90-3 M-l & RM to PFD Stephen T. Helms, c/o
Glenn Tyre
No one pEesent in the audience wished to discuss the request
for liezoning with the Boaod.
On a motion by Commri. Swantz, seconded by Commu. Windlram and
carried, the Boatd upheld the aecommendation of the Planning and
Zoning Commission and apptoved the rrequest foa liezoning from M-l
(Heavy Industrial) and RM (Mobile Home Residential) to PFD (Public
Facilities Distcict), for the construction of a public school
facility.
Comma. Gtegg was not present fot the vote.
2/20/90.PUBLIC HEARING #l-90-3 A to RE Lozliaine Rumsey
No one pEesent in the audience wished to discuss the request
fori rezoning with the Boarrd.
On a motion by Commlr. Swaotz, seconded by Commn. Bailey and
cazcied unanimously, the Board overtulrned the recommendation of the
Planning and Zoning Commission and applioved the request foe riezoning
from A (AgoicultuEal) to RE (Ruual Estates), fori the const+?uction of
single-family residential homesites.
COMMISSIONERS
At 3:45 p.m. Comma;. Bakich, Chairxman, turjned the chairmanship
over to Comml;. Bailey, Vice-Chainman.
PUBLIC HEARING #g-90-3 A to AR Maak & Gail Gaoss
No one present in the audience wished to discuss the lrequest
fos rezoning with the Board.
On a motion by Commri. Swalitz, seconded by Commri. Glregg and
ca~rcied, the Boalrd upheld the rrecommendation of the Planning and
Zoning Commission and approved the request foe I;ezoning from A
(Ag~icultuual) to AR (Agcicultuaal Residential), for a single-family
tesidential home on the site.
Commu. Bakich was not present fon the vote.
PUBLIC HEARING #3-90-3 A to AR John J. & Audrzey Allen
No one pEesent in the audience wished to discuss the request
for rezoning with the Board.
On a motion by Commu. Swalitz, seconded by Commrr. Gregg and
caccied, the Board upheld the recommendation of the Planning and
Zoning Commission and apptoved the uequest folr tezoning ftom A
(Ag?iicultutal) to AR (Agnicultutal Residential), to place two
single-family rcesidences on the site.
Commrz. Bakich was not present fot the vote.
'UBLIC HEARING #11-90-2 A + CUP#353-2 - 353C-2 to PFD
John C. Janney, Assoc. of Christian Ministlcies - Shady
Gtiove Youth Camp
No one pEesent in the audience wished to discuss the request
fob rezoning with the Board.
On a motion by Commrr. Gtegg, seconded by Commn. Windram and.--,- ,,,I_ ~.-..- . .,_- -__.-~,. _... -~
carl;ied, the Boalid upheld the aecommendation of the Planning and
Zoning Commission and approved the tequest for rrezoning from A
(AgEicultuaal) + CUP#353-2 - 353C-2 to PFD (Public Facilities
District), to add a gymnasium and two doomitooies, to an existing
Youth Camp.
Commt. Bakich was not present for the vote.
COMMISSIONERS
At 3:50 p.m. Vice-Chairman, Commlr. Bailey Eetucned the
chairmanship to the Chaiaman, Comma. Bakich.
PUBLIC HEARING CUP#90/1/2-2 CUP in M-l Bryant Street
Pactnecship
Mli. Jim Millet, ceptesenting the applicant, appeal;ed befote the
Board to discuss the rrequest for cezoning.
On a motion by Comma. Bailey, seconded by Commu. Windcam and
caeeied unanimously, the Boar;d upheld the Gecommendation of the
Planning and Zoning Commission and approved the request for a CUP in
M-l (Heavy Industrial), to place a mobile home on the site for use
as a cacetakec's resident foe an equipment yard.
PUBLIC HEARING CUP#90/1/3-1 CUP in A Marcia L. Bernarid
Ma. Steve Richey, Attor;ney rzepresenting the applicant, appeaned
befoce the Board to discuss the request fon tezoning.
MC. Steve Sewell, Attocney representing the pzopenty ownelis on
the south and the east, appeaoed befolre the Boaed to discuss their
concerrns and noted that his clients are in agreement to the CUP.
On a motion by Commli. Gr;egg, seconded by CornmE. Swartz and
cartied unanimously, the BoaEd upheld the recommendation of the
Planning and Zoning Commission, as amended, and approved the Eequest
foe a CUP in A (AgEicultutal), fol; a bitd aviariy, including that in
Section F. "the Chief of Development Cooedination" is sttuck out,
and "Planning and Zoning Commission and the Boatd of County
Commissioners" is inserted in its place.
PUBLIC HEARING #12-90-5 A to R-l-15 Helrb Stengerr
MJT. David Clapsaddle, SpEingstead Engineeeing, cepriesenting the
applicant, appeaned before the BoaEd to discuss the request foE
Eezoning.
2/20/90.Ln
z/20/90 \1
m
On a motion by Commrz. Bailey, seconded by Comma. WindEarn and
cattied, the BoaEd upheld the oecommendation of the Planning and
Zoning Commission and approved the request foe lrezoning faom A
(Agrzicultural) to R-1-15 (Residential Estates), to create 15,000
square foot lots for single-family residences.
Comma. Swactz voted "No".
PUBLIC HEARING #257-89-3 A to PUD w/Waivers John F. Lowndes,
T!i./G!ieateu Grooves
Mli. Steve Richey, Attorney Eeptesenting the applicant, appeaved
beforie the Boalrd to discuss the liequest.
Mti. Bill Kenchea, Glatting, Lopez, Kericheri, and Anglin,
appeaoed beforie the Board to discuss lot lines and tight-of-way
widths with the Boatd.
ME. Bob Mandel, President, Gaeatel; Construction Company,
appeaued before the Boaed to discuss the request.
On a motion by Comma. Swautz, seconded by Comma;. Bailey and
calrcied unanimously, the Boatd upheld the eecommendation of the
Planning and Zoning Commission and approved the waiver, of the
following: (1) Sec. 64.140 of the Lake County Zoning Ordinance fou
a aesidential building setback of 25 feet fliom the right-of-way of
all other: streets, instead of the aequirred 62 feet from the
centerrline of the toad.
On a motion by Commc. Swantz, seconded by Commu. Bailey and
caEeied unanimously, the Board upheld the cecommendation of the
Planning and Zoning Commission and apprioved the waiveli of the
following: (2) Lot lines being 35 feet in width at the right-of-way
line for pie-shaped and flag lots at cul-de-sacs and Goad bends.
On a motion by Commn. Swactz, seconded by Comm,r. Bailey and
carried unanimously, the Boaod upheld the Gecommendation of the
Planning and Zoning Commission and approved the waivet of Section 95
of the Lake County Subdivision Regulations to the timing aspect that
the developet plrovide the County a bond fori sodding stipulating that
sodding will be provided at the time of home/commencial development
instead of nequilring that a sod stnip of pavement edge and full
sodding of Eight-of-way whete gr;ades exceed three pelrcent to be.plrovided prior; to acceptance of the streets by Lake County.
On a motion by CornmE. Swaatz, seconded by Commt. Bailey and
carrsied unanimously, the Boal;d upheld the recommendation of the
Planning and Zoning Commission and approved the waivee of pressure
pipe encasement, being r;equil;ed on collectoe and entcance Goads but
not on minor roads.
On a motion by Commn. Swartz, seconded by Commri. Bailey and
caavied unanimously, the Boatd upheld the recommendation of the
Planning and Zoning Commission and approved the waiveri foE a minimum
of 110 feet of diametec being maintained fori a cul-de-sac within the
development, instead of 120 feet I;equil;ed.
On a motion by Commn. Swantz, seconded by Comma. Bailey and
canlried unanimously, the BoaEd upheld the <ecommendation of the
Planning and Zoning Commission and approved the waiver; of Sec. 70.40
of the Lake County Zoning Regulations foe a minimum panking stall
size of 9 x 18 feet, instead of the riequiced 10 x 20 feet.
& a motion by Comma. Swantz, seconded by Commrr. Bailey and
calir;ied uanimously, the Boalid upheld the recommendation of the
Planning and Zoning Commission and approved, along with the above
waivees, the request fan rezoning fnom A (Ag!zicultunal) to PUD
(Planned Unit Development), including the nequitements of State
statutes and regulations relating to the Green Swamp; and the
deletion of Sec. IV Taanspo!itation Impnovements: #2. Frontage Road
Requitements; #3. Alignment with CitEus Valley entnance cequiuement;
#5. Extension of boulevard section; to clieate 455 single-family
aesidential units and 150,000 square feet of commencial space.
PUBLIC HEARING CUP#87/8/4-2 Revocation of CUP#87/8/4-2
Lake County Boaad of County Commissionens (Troy S. Btonson)
MI;. Richard Roof, Pollution Conttol, appeaeed befone the Boar;d
to discuss the complaints which wene filed with the County and the
results of the field inspections made by the Pollution Contlrol
staff. He updated the Boaod on the chnonological otdee of events
which took place conceening the Bronson Chicken FaGm's fly and odor
pwoblem.
Mr. Roy Gaeen, Field Supenvison, Pollution Conttol, appeared
z/20/90.--
befoee the Boalid and presented the rzesults of an inspection
perfoomed on January 4, 1990.
M!i. Richavd Gallant, Enviaonmental Enforcement Specialist,
Pollution Control, appeated befor;e the Board to discuss the
neinspection of the farm on January 16, 1990, and the motning of
Febriuazy 20, 1990.
Mr. Leo Vaughn, Code Enforicement, appeared before the Board to
discuss the events which occuliried when his department delivered the
Notice of Violation to the falrm.
Mli. Roof noted that, as of this mozning the farm is in
compliance with the CUP, and added that, as the CUP is presently
written it does not accul;ately desceibe the conditions which must be
adheted to, is vague, and needs to be updated.
Mli. Ken Mocuis, Attorney riepzesenting B_eonson Farms, appeated
before the Board to discuss the fanm and its opetation.
Mri. Stuart Brionson, owner of the Boonson Chicken Farm, appeaved
before the Boarrd and stated that his facility is in the przocess of
updating its technology and it is almost working as it should.
Mlr. Laary ShacklefoEd, Senior; Executive Assistant, Florrida
Department of Agticulturze, appeaEed beforre the Board to discuss the
new technology that is being perfolrmed at the fanm. He ptesented a
packet to the Chaieman of the Boatd with a letter enclosed on the
status of inspections by the Commissioner of Agcicultune, Doyle
Connou.
Considerable discussion occurrred riegacding the management
pnactices fot such a state-of-the-act facility.
RECESS & REASSEMBLY
At 5:05 p.m. the Chairman rrecessed the Rezoning Public Healiings
and called the scheduled 5:05 p.m. Public Healrings to olrder, and
announced that those hearings would be postponed until 6:00 p.m.
On a motion by Commt. Bailey, seconded by Comma. Swartz and
cacr;ied unanimously, the Board applioved to Gecess the Rezoning
Public Heavings at 5:05 p.m.
On a motion by Commlr. Swaatz, seconded by CornmE. Bailey and
carried unanimously, the Board applioved to postpone the scheduled.5:05 p.m. Public Heal;ings on the Wekiva Rivet Protection Amendments
to Development Regulations and the Amendments to Road Impact Fee
Ordinance until 6:00 p.m.
ZONING
PUBLIC HEARING CUP#87/8/4-2 Revocation of CUP#87/8/4-2
Lake County Boalrd of County Commissioner (T!zoy S. Bronson)
(Cont'd.)
ME. Steve Vossnel;, a member of the Poultty Industry, appealred
befooe the Boalid and stated his views and findings which he has
obsetved duEing his yearns in the poultry business.
Dir. Don Sloane, Poultry Sciences, Univeasity of Florida,
appealied before the Boar;d and informed the Boarid of his obseovations
of a wet veTsus a driy system of manuae disposal.
DG. Phil Koehler, Pnofessoe of Entomology, appearzed befoce the
Boarrd to discuss to fly life cycle.
M1;. Jack Methvin, Genelial Manager, BIIonson Farms, appeaved
before the Boalrd to discuss the system which the far;m is cuvcently
using and the chants which ane kept in nelation to it.
MC. Blionson lieappeaved before the Boaad and noted that he has
spent $70,000.00 in the past yealr for; the contaol of flies on the
farm.
Mu. Morliis reappeared befone the Boarrd and discussed the waste
management plan, and noted that the present system is new and the
farrm is cuouently attempting to riesolve the prioblems. He riefeGred
to the "Florida Right to Farrm Act" and lrequested the Board to deny
the riequest fol; revocation of the CUP.
MC. Herman Kinney, with the Lake County School System, appeared
before the Boalid and stated that they neithee suppoEt noli oppose the
revocation of the CUP, but alre concerned because theGe could be
serious health plioblems and the flies and odors are a nuisance to
the area schools.
MS. Anna Cowin, Lake County School Boarrd, appeared before the
Boar;d quoting comments fcom the Principals from the South Lake
Educational Centec and Mascotte Elementaey, who have been having
problems with abnor;mally high concentrations of flies over the past
2/20/90.2/20/90 ul
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thrice yearns. She added that there are also envi!zonmental problems
to be concelrned with and discussed the situation.
Mff. Tom Chapman, who lives within l/2 mile flrom the farm,
appeazed beforie the Boacd to discuss the pooblems he has had with
the flies and odot, and played a VCR tape forr the Boatd to view of a
local news tepout, at a retirement home, in the atea, as of this
date.
RECESS & REASSEMBLY
At 6:05 p.m. the Chaivman announced that the Boaed would liecess
foG the tescheduled 6:00 p.m. Public Heanings.
On a motion by Comma. Swaztz, seconded by CornmE. Bailey and
cazied unanimously, the Board appnoved to riecess the Rezoning Public
Heacing at 6:05 p.m.
Discussion occunlred liegalrding rescheduling the already
aescheduled 6:00 p.m. Public HeaGings.
On a motion by Comma. Swautz, seconded by Commu. Gregg and
cancied unanimously, the BoaEd appaoved to postpone the aescheduled
6:00 p.m. Public Heawings until 6:45 p.m.
ZONING
PUBLIC HEARING CUP#87/8/4-2 Revocation of CUP#87/8/4-2
Lake County Boalfd of County Commissioners (Troy S. Bronson)
(Cont'd.)
Mayor; Josh Thomas, City of Mascotte, appeated before the Boalid
to state opposition of the Btonson Chicken Farim by the City of
Mascotte.
Ma. Fattest Jones, Su., a resident of the alrea, appeaoed befooe
the Boalrd to ulige the Board to vote folr revocation of the CUP, and
mentioned a "Right to Live Act".
M!i. Roy Hart, a resident of the atea, appeaned befoae the Boaad
to state his opposition to the faem and reviewed some some maps of
the aljea with the Board.
Mli. Helrb Baker?, a resident of the ariea, appeaved before the
Boatd to present his oppositions and to urge the Boaad to close the
farm.
Ms. Wilma Baown, a resident of the ar;ea, appearzed befone the.Boar;d to discuss bee concelins with the diseases that ace transmitted
through flies.
ME. Owen Connor, a I;esident of Soozento, appealied before the
Board and stated that the County does not have the expeetise to deal
with the problem and questioned whether the fatm has riesponded to
the citation that was issued them. He added that, thehe could be a
major health prioblem in the area oeiginating the flies othen than
the fawm and feels that it should be investigated.
ME. Sam Wiggins, a resident of Sorzento, appeaned before the
Board and stated that, ME. BGonson has had a feed mill and egg
processing plant in Soeliento foa appnoximately 20 yeans, and feels
that Mu. Blronson is an asset to the community and is willing to woEk
with the community.
At this time, the Chaiaman ceased comments feom the audience
and GeseEved comments to the Boaod foo discussion and
recommendations.
MC. Roof rreviewed the recommendations of the Pollution Contool
Department should the Board decide not to revoke the CUP. He stated
that, the CUP should be amended, and lrefeaenced the changes that the
County staff would like to be made oegacding the operation of the
farim, and added that the conditions specify that an operzational plan
be submitted, which could be produced in apptoximately 15 to 30
days.
Me. Roof noted that, the "Waste Management Plan" has been
deleted in the lrevised CUP, and the section on "Manurre Management"
has been added. He further noted that, there is allready a
wastewatea management system on the farm, but the County does not
have the plan fot it, and that is one of the environmental conceens.
CornmE. Bakich stated that, in reference to "Inspections of
Operations", he would like some woeding to ceflect the ability to
inspect the farm bi-monthly. To which MY. Roof r;esponded that, an
inspection of evel;y three months was added because the County does
not have the manpowerr to inspect it more often, and that during
cffitical times, such as, when the manurje is being removed, it is
ncommended that weekly inspections be carrlried out.
2/20/90.Z/20/90
Commlr. Gr;egg tecommended that the fine forz fuotherr enfotcement
action by the Code Enfo!icement Boarid be an amount of $500.00 per;
day r rather than $250.00 pet day.
Commli. Bailey stated that, he does not feel that the farm
should be permitted to spread the manuc;e on the plioperty oti put
replacement chickens in until the problems aoe solved.
Commli. Gregg noted that, until BEonson Chicken Farim submits a
plan to the Soil and Water Conseavation Service, under the present
CUP, they ate not peffmitted to land spread.
Comme. Bakich added that, the Board will have the ability to
Eeview that plan once it is submitted to the County.
Cornmu. Bailey stated that, he would also like to limit the
hours of operation of the faam.
Commri. Gregg noted that, beforie the Performance Bond could be
drawn, therre would need to be a Public Heaaing befote the Board of
County Commissioners.
Commri. Gregg made a motion, which was seconded by Commt.
Windvam to amend the CUP as eecommended by the Pollution Contnol
Department.
Ms. Annette Stan Lustgatten, County Attotney, informed the
Boacd that, in ordet to amend the CUP, it will need to go through
the normal Public Heating pnocess at the Planning and Zoning
Commission and the Board of County Commissioners.
Commn. Bailey stated that he would like to revoke the CUP.
Commri. Swattz discussed the problems associated with the new
system which Mo. Bconson is attempting to implement and proposed
that some method be found to overcome the expeeimental system. He
noted that, he would like to amend the proposed CUP undeli Section C,
'Construction", to 300,000 chickens, Gatheo than 600,000 chickens,
in olrdet to bettee contl;ol the system.
CornmE. Swartz made a motion, to amend the motion previously
made by Comma. Grregg, which was seconded by Comma. Bailey, by
amending the proposed CUP to reflect under Section C,
"Construction", to 300,000 chickens, liathet than 600,000 chickens.
Commts. Bakich, Windtam, and Gtegg voted "No" to the amendment.of the previous motion.
Comma:. Bailey made a motion, to amend the motion previously
made by Commc. Gregg, which was seconded by Commr. Swautz, and
canEied unanimously, to disallow the hauling of manuae on weekends
and holidays, and any maintenance that cr;eates odons and flies.
It was noted that it would take 60 days foe the proposed CUP to
go through the Planning and Zoning Commission, and be back befor;e
the Boa5-d at the April 17, 1990, Zoning Public Heanings.
The Chairman called for a vote on the motion previously made by
Commlr. Gregg, and seconded by Commt. Windaam, including the
amendment fot hauling manute, which was catcied.
Commns. Bailey and Swattz voted "No".
RECESS & REASSEMBLY
At 7:00 p.m. the Chairman announced that the BoaEd would riecess
until 7:lO p.m. for the rescheduled Public Hearings.
ORDINANCES/PLANNING & DEVELOPMENT/WATER RESOURCES
Mli. John Swanson, Dilrectoc of Planning and Development,
appearred before the Board and stated that the amendments to the
Wekiva River P.cotection Ondinance to be discussed ane: (1)
Amendment to Zoning Ordinance (1990- ); (2) Amendment to Chapter 10,
Lake County Code, Drainage and Flood Hazaad Ar?eas (Ord. A); (3)
Amendment to ChapteE 17, Lake County Code, TE-ee Paotection and
Landscaping (Oad. B); and (4) Amendment to Subdivision Regulations
(Ond. C). He noted that the County has met with the State and they
have given theie appEova1 of the County's amendments.
MC. Mike Szunyog, Ditecton of Planning, appeared before the
BoaEd and discussed a memotandum feom the County Attoriney, dated
Februaliy 16, 1990, which outlined several additions, changes, and
clarifying language to the ordinances.
Ms. Annette Stat Lustgarten, County Attorney, noted that gross
density was defined, as the permitted density on the palrcel not
deducting uight-of-way, 06 things of that natute, because that is
the basis on which teansfec of development Eights aae to be figuaed.
She also noted that, it was clariified that, a final plat, processed
aften a pneliminaay plat had been submitted, prioE to the mooatocium
2/20/90.u-l
00
P
going into effect, the process would continue, and that final plat
would be subject to the regulations in place pl;iot to the
moaatocium. She fuuthel; added that, the RP (Residential
Professional) district, which would be permitted in the ulrban node
will not permit commeticial uses.
ME. Swanson infolrmed the Board that the Planning and Zoning
Commission held theio Public Heacing on Febtuazy 13, 1990, at 9:00
a.m., at the Agziculturzal Centeri, and they cecommended approval of
the o~cdinance.
Ms. Cecelia Bonifay, Attorney eepnesenting certain landownens
in the Wekiva Riven basin, appeated befoce the Boand and stated that
she would like the uecocd to ffeflect that the originally scheduled
5:05 p.m. Public Heaving on this oadinance was postponed and not
continued until 7:lO p.m. this evening. She discussed the points of
clarification with the Boaed, and noted that she intetpneted the
vesting language to apply only to the Comprehensive Plan.
Ms. Bonifay questioned whether the insertion of the language of
the Febr;uauy 16, 1990, memorandum precedes the Land Development
Regulations section, and discussed heri feelings of conflict to such.
To which Ms. Lustgasten riesponded that it exempts final plats that
are subsequently in a pteliminavy plat provision, and ther;e will be
development of vested property that will comply with the new
regulations.
Ms. Bonifay clatified that, if a pneliminaty plat which was
already approved, it could be developed under the conditions
existing at the time that the pteliminaty plat was filed, up to and
ptiot to December; 21, 1989. To which Ms. Lustgarten nesponded that
statement was coffrect.
Ms. Bonifay questioned the transfen of development rights (TDR)
priocess, in which they can only be toansfezaed to areas in which
they can be sent to areas which can receive, not going outside of
the Wekiva basin. To which Ms. Lustgacten tesponded that statement
was also connect, as of the plresent time.
Ms. Bonifay discussed pre-site excavation in developments
within the basin that ate considelred as a mining activity in the.ordinance, and atated that, it should be consider;ed site
preparation. She further discussed that, in order to obtain a
development perimit, one must go thcough an extraoadinany amount of
enviEonmenta1 assessment.
MG. Goeg Beliveau, The Land Planning Group, appeazed before the
Boacd and discussed the urban node ariea, consisting of a 5.5 units
pel; acre as the allowable density, and some alceady platted arreas
with 6.2 units pet acre. He also discussed the areas which allow
for TDRs.
Mb. Steve Richey, Attorney, appearied before the Boalrd and
discussed the aspect of limited density in the Wekiva River area,
and the TDR system.
MS. Jennifee McMurittay, Department of Natural Resources,
appealred befote the Boarid to address her questions and concenns to
the vested eights aspect and TDRs. She added that foemal comment
fr;om DNR will be forthcoming in the folrm of a letteri. She noted
that, the DNR would like to see a consistent buffet along the
Seminole Woods property and the boundanies of the CARL pnoperities.
She also discussed the urban node densities, the point system, and
the allowance of some commeccial zoning areas within the urban node.
l4C. Tom Schup, Game and Faeshwaterr Fish Commission, appeared
before the Board and stated that his Commission agaees with the
comments made by the DNR near the ptoposed CARL properties, and
fovmal written comments will be foathcoming.
MS. Mary McKee, Feiends of the Wekiva Rivet, appearred before
the BoaEd and stated that the County has come a long way in the
preparation of the olidinance foa the Wekiva Riven Paotection Anea,
and noted that a letter will also be foathcoming.
Ms. Catherine Hanson appeared before the Boand and questioned
the existing CP (Planned Commeocial) zoning without a site plan and
how those will be handled. To which Ms. Lustgacten cesponded that a
site plan would need to be submitted.
Ms. Laulrie Hazel, Lake County Fouestec, appeaced befoce the
Board and stated that she will be submitting statements conceaning
the tGee protection amendment, and that the Florida Focestcy
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Association will be sending the Board a lettet on behalf of the
Wekiva Ordinance fom public eecotd.
Comma. GE-egg noted that he did not see any problem with the
triansfeG of development Eights as woitten.
Ms. Lustgatten noted that, in Ondinance A, Drainage and Flood
Hazaad Ar;eas, on Page 3, Line 23, the oefeEence to Section 3 should
lread Section 4, likewise in Ordinance B, Tree Protection and
Landscaping.
No action was necessary at this time.
It was noted that, the next Public Hearing on the Wekiva Rivelr
Protection Amendments to Development Regulations, will be held at
the Lake-Sumtet Community College, on Maoch 6, 1990, at 5:05 p.m.
COUNTY MANAGER DEPARTMENTAL BUSINESS (CONT'D.)
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
PLANNING & DEVELOPMENT (C~NT'D.)
Commt. Bakich noted that, the time had amnived to discuss the
rrequest friom the Planning staff to initiate an amendment to the
contl;act with Hunteri SeEvices (Reynolds, Smith and Hills), for: an
additional proposed trip genecation study fou mobile homes on
individual lots, at a cost of $5,500.00, as oequested by the Boalid.
MC. Tom Jackson, Senior Consultant, Hunter, Serivices, appeaced
before the Boalrd to discuss the trip geneliation study, and stated
that the intent of the study was to diffetentiate between mobile
homes within patks fot the cu!iment Institute of Tuanspoztation
Engineets CITE) zating and a new mating fob mobile homes that ate on
single lots 06 outside of a pack setting.
Commri. Swamtz noted that theme ate mobile home panks that are
in communities where the land is owned and in parks where the land
is tented, and questioned whethev the study will evaluate those
types of mobile homes, as well as the ones on individual lots. To
which Mr. Jackson responded that, theme would be a diffelrent
analysis fom those types of mobile homes.
Commo. Windoam stated that, theme aBe mobile home subdivisions,
mobile home mental pauks, RV palrks, and scattered mobile homes in
eutal aneas on five acme lots as single-family residences..MZ. Jackson stated that, their evaluation intends to coverr two
classifications, that being, in a parik setting, lrented o~i owned, and
mobile homes scattered outside of paaks.
Comma. Gregg discussed the teaffic genesated by the laager and
smaller mobile home panks.
Commc. Swattz stated that, the study needs to cover mobile home
rrental panks, mobile home subdivisions, and mobile homes that may
exist on an agricultueally zoned (five acre) ov R-l-5 (Mixed Mobile
Home) zoning.
MG. Jackson stated that, thete should be no problem with
maintaining those stated categories and will wotk with staff on
plrecise definitions of such categories.
On a motion by Comm_e. Swantz, seconded by Commr. Gliegg and
caccied unanimously, the Boarjd appnoved to authorize staff to dtaft
an amendment to the contoact with Huntee Selivices (Reynolds, Smith
and Hills) for; an additional prioposed tl;ip generjation study for
mobile homes, and to come back to the BoaEd fot approval.
ORDINANCES/ROADS-COUNTY & STATE
Mlr. John Swanson, appeal;ed before the Boar;d and stated that
covtespondence had been received frrom Don Davis, Miller; Foods,
concenning the rate of impact fees that will be chavged for
convenience stones.
M?J. Don Davis, Millet Entenpfiises, appealied befoxze the Boalrd
and discussed the convenience store that they alre planning to build
at County Roads 561 and 448, and noted that the total impact fees
paid are $3,900.00. He stated that if this ordinance passes, the
impact fee foe a 3,000 square foot convenience stone would be an
amount of $57,000.00, and feels that that is an excessive amount of
money.
Commn. Bakich noted that, he was concerned with the disparity
between supenmavkets, shopping centeos, and convenience stones. To
which ME. Jackson responded that those fees ace based on the
Institute of Trzanspoctation Engineelis (ITE) trip generation ?iates
and the way the land uses ace categoaized. Mh. Jackson added that
convenience stones generrate morre tlraffic than supeamaakets.
2/20/90.M?i. Jackson noted that, the ITE rates alie based on national
samples and if theae is local, statistically sound, information that
can be supported, they may be able to incoeponate that infonmation
into the analysis.
Commri. Gtegg questioned whethev theze would be a pr;oblem with
charging one fee fob all types of oesidential units without breaking
it down into categories. To which Mx. Jackson r;esponded that, in
that tegand, the diffeeences in tlrip geneeation oates would be
masked.
Mt. Bill Tipton, Tipton Associates Inconpozated, appeased
beforre the Boalrd to discuss a study pvepazed fot the Retail Grrocevs
Association of FloEida, concerning input data for calculating
transpoctation impact fees fot convenience stories. He also
discussed the passing by factor, and tl;ip links (new trips, pass by
trips, and diverited tlrips).
Ms. Sandta Shaffec, Real Estate Managec, Southland Corporation,
7-11 Food Stores, appeared befor;e the Boalrd and stated that the fees
alre excessively high for a 3,000 squalre foot convenience stone. She
added that, in Seminole County, they devised a formula that paovides
a faiz fee for all land uses. She funtheE added that "gas pumps"
should be added into the definitions section of the ordinance.
It was the consensus of the BoaEd fori staff and Hunter Services
to review the traffic study that has been priesented today and come
back to the Board with a aecommendation.
Ms. Jean Kaminiski, Executive Director, Lake County Home
Builders Association, appeared before the Boalrd and stated concelrns
to the mobile home aspects, and that, since the decline of
agEicultune in Lake County, consttuction is one of the majon
industries in the County. She futthel; added that, 50 pencent of the
families in Lake County make less than $25,000.00 per; yeae, and
every time new fees alre added on most of those families are excluded
fl;om buying homes. She requested that consideaation be given to
changing the time of payment in the osdinance, fnom the issuance of
the building permit to the time the Certificate of Occupancy is
issued. She noted that, there is no time fliame in the ordinance.during which the impact fees must be used and does not provide fot
any cecoulrse foo disbursement of those fees if they ale not used.
MS. Annette Stat Lustgaeten, County Attooney, noted that,
conceaning the time feame that the fees must be used, the oridinance
rzequilres that a plan be submitted annually by the County Manageo folr
expenditure of such funds.
ME. Juan Adaiatico appealred before the Board to discuss
property he owns in Lake County, foo which he applied for; a CUP for?
a hunting and fishing camp. He noted concelrns to the impact fee foe
an RV campsite, which he feels is exoabitant.
ME. Geol;ge Pcingle, buildet and developerr, appeaned before the
Board to state his concerns to the excessive impact fees on the
citizens, and added that a cetilred couple living in a Eegularr
development does not put any mote impact on the aoad than a tetined
couple living in a mobile home park.
MC. Joe Parisian, a geneaal conttactoc; in Lake County, appealred
before the Board and stated his concenns as to the competitiveness
that the higher- fees will place on smalleo contractors.
MU. Mike Land, with a land planning fiom, appeaued before the
Boalid to discuss the issue of afforrdable housing and impact fees.
ME. Jeliliy Wilson, Ho!ine Paoperities, appeared beforie the Board
and questioned when the Public HeaGing fou final action would be
held.
No action was necessaliy on the Amendments to Road Impact Fee
Ordinance at this time, but discussion occuzued concerning
rescheduling the date fob final action from March 6, 1990.
On a motion by Comma. Gregg, seconded by Comma. Swartz and
catliied unanimously, the Boatd approved to move the final Public
Heating on the Amendments to Road Impact Fee Ordinance to Manch 13,
1990, at 5:05 p.m., in the Boalrd of County Commissionees Meeting
Room.
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There being no fulrthet business to be brrought to the attention
of the Board, Commri. Bailey made a motion, which was seconded by
Commlr. Gregg and canrried unanimously, to adjourn the meeting at 9:lO
p .m .
MICHAEL J. CHAIRMAN
ATTEST:
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