The Lake County Board of County Commissioners met in regular session on Tuesday, October 16, 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: Don Bailey, Chairman; "Chick" Gregg; Richard Swartz; and Thomas J. Windram. Michael J. Bakich was absent for this meeting. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene Foran, Secretary.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.
MINUTES
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the Special Budget Minutes of September 10, 1990, as presented.
Discussion occurred regarding the Regular Minutes of September 18, 1990. Corrections were made as follows:
Page 16 - Line 5 - delete the name "Gina" and insert the name "Gena".
Page 17 - Line 26 - delete the word "Post".
Page 22 - Line 14 - after the word Bailey, insert "and carried unanimously".
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Regular Minutes of September 18, 1990, as amended.
Discussion occurred regarding the Regular Minutes of October 2, 1990, with one correction being made on Page 13, Line 29 deleting the name "Gina" and inserting the name "Gena".
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Regular Minutes of October 2, 1990 were approved, as corrected.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Special Minutes of October 2, 1990 were approved, as presented.
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request for payment of Warrant No. 126359 through Warrant No. 126838, for the following accounts:
General Revenue Mt. Plymouth Fire District
Pasco Fire District South Lake Fire District
County Transportation Trust Land
Landfills Aquatic Weed
Capital Outlay Section 8
Bassville Fire District Northwest Fire District
Mosquito Control Countywide Fire District
Law Library Countywide Library
Private Industry Council Emergency 911 Fund
Paisley Fire District Commissary Trust Fund
Road Impact Northeast Ambulance
Northwest Ambulance Revenue Sharing
Northeast Hospital Law Enforcement Trust Fund
Bonds - Contractor
Request approval of the following Contractor Bonds:
New:
116-91 Robert L. Barth dba Barth's Welding
244-91 Jacob M. Vander Meer
1100-91 Arthur Jones
1444-91 Fred N. Orme
1455-91 Gary L. Tinney dba Sunstate Plumbing, Inc.
1652-91 Kenneth E. Hastings dba Four Seasons Air Condition ing and Heating, Inc.
1693-91 Jim Cichielo, Inc.
1783-91 Jim Turner dba Jim Turner Plumbing
1795-91 Charles Simanoski dba Homes by Charlie
1930-91 Gerald F. Wise
3011-91 Gary L. Wyckoff dba Gary L. Wyckoff Residential Contractor
4055-91 Richard L. Bill dba Hills Quality Plumbing, Inc.
4066-91 David C. Whilden
4102-91 Raymond Wise dba Wise Electric Service
4128-91 Ron H. Prevatt dba Ron Prevatt Electric
4145-91 Edwin R. Insalaco/Zap Electric
4176-91 Max Judy
4214-91 Elgenia S. Insalaco
4220-91 Connie Lynn Martin dba C.L. Martin Roofing
4281-91 Adrian Lucas Aluminum
4388-91 Richard Hirsch dba Hirsch Electric
4411-91 Joe L. Mills
4478-91 Kenneth Young
4482-91 Lake Construction & Development
4494-91 Paul M. Mazak
4557-91 Craig Roger Construction Company, Inc.
4598-91 Charles Howard
4642-91 Robert Gay dba Construction Management Services
4664-91 Storm T. Kern
4665-91 Bill Duncan dba Bill Duncan Refrigeration
4689-91 Lyndon Gene Denelsbeck
4700-91 Harold Hilliard dba Hilliard's Air Conditioning & Heating
4736-91 Darrell Chandler
4741-91 Florence A. Lange
4753-91 L. Norman Adams Home Builders, Inc.
4762-91 Dale M. Rex
4810-91 Bruce Thompson
4843-91 David L. Phelps, Jr.
4852-91 C. B. Larramore
4871-91 James A. Croson
4902-91 Howard Lind
4903-91 Dell Masonry, Inc.
4904-91 Theodore J. Majewski, Jr.
4905-91 Anthony Petras
4906-91 Robert L. Rowland dba Rowland Electric Company
Assessments/Subdivisions
Request approval for the Satisfaction of Assessment Liens for the following:
Pine Lake South:
Marshall H. Gaard $ 1,440.23
Pine Island/Harbor Shores:
James C., Diane M. Belcher, & 558.05
James C. Belcher, II
Mount Plymouth:
Paul S. Graedle 853.13
Woodland Hill/Piney Wood:
Tommy S. & Patricia A. Norris 233.01
Astor Forest Campsite:
Ira Smith & Rita Chastain 1,075.62
Haines Creek Heights:
Matilda & Blanche Knerly 927.66
Matilda & Blanche Knerly 927.66
Clark Road:
Charles A. & Ruth Carlton 1,280.48
Maurice A. Osman 975.20
Victor & Jean Bailey 975.20
Daniel E. & Debra Davis 976.80
C. Harris & Mary M. James 975.20
Howard W. & Delores Lester 1,950.40
Hilltop Unit II:
Luthella Clinton 1,163.89
Springs Bath & Yacht:
Christopher C. Ford 702.33
Hilltop Unit III:
Candice O'Berry 1,176.01
Resolutions/Water Resources
Request to acknowledge receipt of the St. Johns River Water Management District Resolution No. 90-20, adopting the tax rate and certifying the levy of .358 mill for District-wide purposes.
Resolutions/Water Resources/Budget
Request to acknowledge receipt of the St. Johns River Water Management District Resolution No. 90-21, adopting the annual budget for the Fiscal Year 1990-1991.
Accounts Allowed/Reports
Request to acknowledge receipt of the Monthly Distribution of Revenue from Traffic/Criminal Cases for the month ending September 30, 1990.
ACCOUNTS ALLOWED/BUDGET/SHERIFF'S DEPARTMENT
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request from the Sheriff's Department for appropriation from the Law Enforcement Trust Fund, in the amount of $8,311.82, from last year's budget.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Resolution/Health Department
Request for signature on a Resolution for Emergency Medical Services Certificate of Public Convenience and Necessity for Waterman Medical Center for the period October 1, 1990 through September 30, 1992.
Accounts Allowed/Contracts, Leases & Agreements/Committees
Request approval of an agreement with the Economic Development Commission of Mid-Florida and to encumber funds for FY 1990-1992 in the amount of $100,000.00.
Accounts Allowed/Contracts, Leases & Agreements/Resolutions
Committees
Request revision of July 17, 1990 Resolution and Execution of Transportation Disadvantaged Commission Contract in the amount of $40,728.00, and the encumbering of the local matching cash share of $5,091.00 and the encumbering of the local in-kind service matching share of $5,091.00, as budgeted.
Accounts Allowed/Public Works/Bids
Request to purchase three (3) A210 Terrain King Mowers on State Bid from Alamo Groups at $5,012.00 each, for a total of $15,036.00 ($18,000.00 budgeted).
Accounts Allowed/Public Works/Bids
Request to purchase three (3) Ford 6610 Tractors on State Bid from Ford New Holland at $12,977.00 each, for a total of $38,931.00 ($39,000 budgeted).
Contracts, Leases and Agreements/Outdoor Recreation/State Agencies
Request approval to enter into project agreements with the Department of Natural Resources, Florida Boating Improvement Program, to obtain funds for Singletary and Marsh Park, (No. C-6725 and C-6726).
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following right-of-way deeds:
For Road Project
Christman Grove Land, Ltd., c/o Neil Christman, General Partner - Slab Church 2-1726
Anna M. Black - Punkin Center Road - 2-2923
John R. Hey, Jr., and Donna L. Hey - Punkin Center Road -
2-2923
For Lot Approval
David M. and Linda C. Caudill - Lake Ella Road - 1-6602
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS/JAILS
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request from the Capital Improvements Division for an amendment to contract with W. T. Lindemann for the purpose of providing Threshold/Building Code Inspection Services for the Criminal Justice Facility, and the request to increase the commitment and encumber funds, in the amount of $70,000.00.
ENVIRONMENTAL SERVICES/UTILITIES/STATE AGENCIES
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request to file an objection with the Public Service Commission regarding the Southlake Utilities, Inc. application to operate a Water and Wastewater Utility.
Mr. Findell stated certification would give Southlake Utilities the exclusive right to provide service to the Chapman Grove property, if a Public Service Commission certification is obtained. The County, therefore, could not provide service within
the area certified without the express consent of Southlake Utilities.
Mr. Steve Richey, Attorney, appeared before the Board representing Southlake Utilities, Inc.
Mr. Findell stated that suggested language will be incorporated in the PUD Development Order stating that should Southlake Utilities wish to pursue and obtain a certificate from the Public Service Commission, the facility in question would be dedicated to the County for County ownership and operation, and the PSC certificate would be transferred to the County.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to file an objection with the Public Service Commission regarding Southlake Utilities, Inc.'s application for Certificates of Authorization to operate a Water and Wastewater Utility, for the area known as Chapman Grove, unless it is understood through an agreement with the developer that the filing of an objection would not be necessary.
CONTRACTS, LEASES AND AGREEMENTS/PLANNING AND DEVELOPMENT
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request to amend the contract with The Land Planning Group, Inc. and Farner-Barley and Associates, Inc., providing consulting services for the Lake County Industrial Park, for an additional 60 days.
ACCOUNTS ALLOWED/FIRE PROTECTION/INSURANCE
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request to encumber Fire Districts 230 and 450 Insurance Accounts to pay premiums currently due, in the amount of $261,076.00.
ORDINANCE/CLERK/STATE AGENCIES
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to draft and advertise an ordinance directing the Clerk to
furnish a listing of outstanding handicapped parking violations to the Department of Highway Safety & Motor Vehicles.
CONTRACTS, LEASES AND AGREEMENTS/OUTDOOR RECREATION/PUBLIC WORKS/ACCOUNTS ALLOWED
Mr. Chuck Pula, Recreation Director, appeared before the Board to discuss the amended Lease Agreement between Lake County and Sylvan Shores Association, Inc. relating to Sylvan Shores Park. It is proposed that a bike-walking path be built at an estimated cost of $15,000.00. The Sylvan Shores Association is contributing $5,000.00, and the County will be responsible for the remaining $10,000.00. Funds in the Revenue Sharing Account are available to cover this expense.
Ms. Annette Star Lustgarten, County Attorney, stated that the County is assuming liability insurance coverage for members of the Association that do work on the property.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request to enter into a one year Lease Agreement for park use and maintenance with the Sylvan Shores Association, Inc. and participation in the building of a walkway, at a cost not to exceed $10,000.00.
ACCOUNTS ALLOWED
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.
EDUCATION/RESOLUTIONS
On a motion by Commr Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the resolution proclaiming October 20-28 as Red Ribbon Week in Lake County.
RECESS & REASSEMBLY
At 9:30 a.m., the Chairman announced that the Board would recess and reconvene at 10:00 a.m. for Public Hearings on Road Closings.
PUBLIC HEARINGS - ROAD CLOSINGS
PETITION NO. 611 - Tropical Acres Nursery c/o Scott Wynn - Mascotte Area
Mr. Jim Stivender, Director of Public Works, appeared before the Board to present Petition No. 611 and a map regarding this petition.
Mr. Stivender stated he was in receipt of a letter from the City of Groveland and the City of Mascotte requesting not to vacate property in question.
A letter was presented to the Board from Mr. Scott Wynn, representing the petitioners, George Mahair, A. A. Simmons, and Hershell L. Womble, requesting a postponement.
Commr. Bailey expressed his concern over another postponement and stated that the Postmaster called and stated his opposition to the closing.
Mr. Joe Cooksy, property owner in the Thomas Mascotte Subdivision, appeared before the Board and presented a petition signed by all the property owners in the subdivision, and presented a map showing the area in question. Mr. Cooksy pointed out the location of the Thomas Mascotte Subdivision, and the bus stop location at the end of the road, which is blocked off by a fence. The Code Enforcement Board has found the fence in violation and requested removal unless application to vacate is presented by October 12, 1990. Mr. Cooksy stated that, in 1987, the road went all the way through and was indeed a road.
Mr. Cooksy further stated, if the area is blocked, there will be no way for emergency vehicles to enter the ball field during ball season. Also, if the bus stop is not accessible through said area, it is 2.5 miles to the bus stop by an alternate route.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the recommendation for denial of Petition No. 611, Tropical Acres Nursery, c/o Scott Wynn, to vacate easement of Groveland Farms Subdivision, Mascotte Area, District 2, as advertised.
PETITION NO. 618 - David Curbow - Paisley Area
Mr. David Curbow, applicant, appeared before the Board and stated that the majority of the property owners in Lake Lulu were in support of this request. The road lies between two properties, one property has an existing home on it, and the other will be built on in the near future. One of the concerns is that there is no place for public parking, and currently vehicles are parking on personal property. Also, there is great concern that the fish population is being destroyed, and Lake Lulu is being polluted with trash.
Mr. Dorsey Frabott, Altoona, appeared before the Board in opposition and to express his concern that the sportsmen are being locked out of Lake County, and the County road in question should be open for the County residents to use.
Mr. Harry T. Barnhill, owner of Lot 105, appeared before the Board in opposition and stated that the reason he bought his property was because of the lake access, and it would be unfair to cut off his access.
Mr. and Mrs. Claxton Parker appeared before the Board in opposition to the closing. Mrs. Grace Parker stated that she is one of the developers, and the community has always taken great pride in Lake Lulu. They have attracted people to the area, through advertising in many outdoor magazines throughout the country, as a place for retirement and a place to fish.
Mrs. Parker stated that closing this access also closes access to Lake Ackron.
Mr. Macky Jones, property owner in the neighborhood in question, appeared before the Board in favor of the closing, stating that his property is becoming a trash pile because of the littering. Trucks are getting stuck trying to launch their boats, due to the fact that there is not a boat ramp. Parking is a major problem, with trucks and trailers parking on private property.
Mr. Glenn Burrows, property owner in the neighborhood in question, appeared before the Board in favor of the closing stating
that there are three other public accesses to the lake with public beaches and parks.
Commr. Swartz expressed his concern about limiting access to County lakes. He stated there are ways of limiting access to Lake Lulu without closing the lake, such as limiting the hours for public use, limiting size of boats and size of motors, etc.
After discussion from the Board, it was the consensus to postpone a decision until Commr. Bakich has an opportunity to review the situation.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board moved to postpone Petition No. 618 for 30 days in order to give Commr. Bakich an opportunity to work with the property owners in the area.
Commr. Windram voted "no".
PETITION NO. 620 - Linda Gwaltney - Lisbon Area, District 5
No one present wished to discuss the request with the Board.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved Petition No. 620, Linda Gwaltney, to vacate unnamed roads, Lisbon area, District 5, as advertised.
PETITION NO. 621 - Newell Cook - Eichelberger Estates #1 and Joanna Estates, Eustis Area
Mr. Newell Cook, developer of Lake Joanna Estates, appeared before the Board to discuss this road closing.
Ms. Betty Joe Natzke, resident in the neighborhood in question, appeared before the Board, in opposition, stating that presently the road in question is wide enough for only one car to pass, thus providing a very dangerous situation. The 25 foot easement is presently being used for personal use. Ms. Natzke suggest that the closing should occur at the east end of Lot 33, thus removing the sharpness of the road.
Commr. Bailey stated that Mrs. Natzke's complaint about the 25 foot easement would be referred to Code Enforcement.
Mr. Steven Shaw, property owner, Lot 22, appeared before the Board, in favor of the closing, stating that he has been paying taxes on the 25 foot easement since 1984.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved Petition No. 621 by Newell Cook, to vacate portion of road, Eichelberger Estates #1 and Joanna Estates, Eustis area, as advertised, and instruct Public Works to turn over to Code Enforcement consideration for the 25 foot public easement.
ORDINANCES/REPORTS
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present the revised proposed Cable T.V. Ordinance.
Discussion occurred regarding the approach to require all cable companies to pay an up front flat contribution plus a certain figure annually per subscriber to support the P.E.G. channels. This money goes directly to a non-profit corporation that will develop its own studio, production facility and staff, as stated in the memo from Mr. Harold E. Horn, President, CTIC Associates.
Further discussion occurred regarding possible draft changes. It was decided that the Public Hearing on the Cable T.V. Ordinance would be held on December 4, 1990.
Ms. Lustgarten stated that she would send a draft of the Ordinance to all the Cable companies that do business in the County prior to the Public Hearing, and changes to the draft will be presented to the Board before the December 4, 1990 Public Hearing.
PLANNING & DEVELOPMENT/COMMITTEES
Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to present the workshop on the Comprehensive Plan Elements: Evaluation and Appraisal Report, Economic Element, and Intergovernmental Coordination.
Mr. Larry Kirch stated the Local Government Comprehensive Planning Act (LGCPA) mandates that the local government must prepare an Evaluation and Appraisal Report (EAR) at least once every five years which evaluates the effectiveness of the Comprehensive Plan. The EAR was updated in 1988.
Mr. Mark Knight appeared before the Board to present changes made by the staff to the Economic Evaluation Element and the Intergovernmental Coordination Element with discussion from the Board.
Mr. Larry Kirch stated that the executive committee wants a policy relating to educational programs in the schools, and wants the County to participate in enhancing the function and quality of the education of its citizens about local economic issues.
Discussion occurred regarding Land Use Planning of Adjacent Lands, with attention given to the issue of developing mutually agreeable future land use designations for land between unincorporated and incorporated areas, focus on commercial development along State roads in incorporated areas, and to designate lands in unincorporated areas adjacent to municipalities to low-density, non-intensive land uses.
RECESS & REASSEMBLY
At 12:01 p.m., the Chairman stated that the Board would recess for lunch and reconvene at 2:00 p.m. for Rezoning.
REZONING
On a motion by Commr. Swartz, seconded by Commr Windram and carried unanimously, the Board approved the request to postpone for 30 days the following:
POSTPONEMENT
#129-90-4 Marjory McDonald 11-20-90
CUP#90/8/3-5 Brownlee Burris 11-20-90
Mr. Gregg Stubbs, Director of Development Coordination, explained each of the following cases before they were heard.
PUBLIC HEARING #113-90-3 A TO PFD JOHN P. ADAMS PROPERTIES, INC.
No one presented wished to discuss this request 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 a request for rezoning
from A (Agricultural) to PFD (Public Facilities District), for a warehouse facility for an operations center for Florida Power.
PUBLIC HEARING #135-90-5 LYLE BAKER
Mr. Lyle Baker, applicant, appeared before the Board to discuss this request and presented three letters from neighbors expressing their support and approval of the request.
There was no opposition to the request.
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 denied a request for rezoning from A (Agricultural) to CP (Planned Commercial), for a residence storage building and garage for lawn mower repair.
PUBLIC HEARING #133-90-5 MINI-PROPERTIES INVESTMENT
No one present wished to discuss this request with the Board.
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 a request for rezoning from C-2 (Community Commercial) & A (Agricultural) to C-2 (Community Commercial), for use of commercial activities and development.
PUBLIC HEARING #141-90-5 LEONARD SHANER
Mr. Leonard Shaner, applicant, appeared in the audience to answer questions regarding this request.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to PFD (Public Facilities District), for construction of a 170 ft. CMRS Radio Service Tower with existing home and outbuildings.
PUBLIC HEARING #143-90-4 ROBERT & DOROTHY CRAWFORD
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A
(Agricultural) to RR (Rural Residential), for a residential development.
Commr. Swartz voted "no".
PUBLIC HEARING #134-90-3 J. MCCARTHY & J. HAZEL
Mr. Jerry McCarthy, applicant, appeared before the Board to discuss this request.
There was no opposition to this request.
Ms. Annette Star Lustgarten, County Attorney, stated that a kennel is not a permitted use in a RR zoning district. Ms. Lustgarten further stated that there are two definitions in the Zoning Code of "Kennel". The Zoning Code defines "Kennel" as the keeping of dogs and/or cats, regardless of number, for sale, breeding, or treatment purposes excepting in a veterinarian clinical hospital or a pet shop. The Zoning Code regarding Kennel Licensing defines "Kennel" where five or more dogs are over the age of six months are kept, harbored, or maintained only as allowed by the zoning regulations.
Mr. McCarthy stated that Mr. Hazel will have six dogs and intends to use them for his own personal hunting use only.
Further discussion occurred by the Board regarding this request.
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 a request for rezoning from R-1-5 (Mobile or Mixed Residential) to RR (Rural Residential), for the private use for keeping animals on property and for a kennel license for hunting dogs.
PUBLIC HEARING #89B-84-3 FRANKLIN LOGENBACH
No one present wished to discuss this request 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 a request to amend MP (Planned Industrial) Ordinance #38-84, to add a concrete batch plant to existing industrial park.
PUBLIC HEARING #138-90-3 TOM K. DOUGHERTY
Mr. Tom K. Dougherty, applicant, appeared before the Board to discuss this request.
There was one letter in favor of this request and one letter in opposition.
Ms. Cecelia Bonifay, Attorney, representing David and Linda Sheets, neighbors of the applicant, appeared before the Board in opposition to this request. Ms. Bonifay stated that the predominate land use in the area is RR and RE with AG.
Mr. Dougherty stated that many of the lots in the area have 100-foot road frontage or less. His lot is the only lot that meets the RR requirements. Although R-1-15 zoning would require 15,000 square foot lots, his property would have 70,000 square feet.
Mrs. Linda Sheets appeared before the Board, in opposition to this request, and presented a brief history of the area, stressing the importance of this issue to her family. Mrs. Sheets stated that her family bought property in the country, not in a subdivision. She also stated that Mr. Dougherty has failed at several attempts to drill a well for his home, and takes his household water out of the lake. She further questioned how an additional home in the area would impact the areas water quality and environment.
Mr. David Sheets appeared before the Board to discuss this request.
Commr. Swartz stated that Mr. Dougherty cannot meet the front footage requirement in RR zoning, which seems to be reasonable zoning in the area. He further suggested that, rather than rezone, Mr. Dougherty might consider to seek a variance because of the front footage requirement.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and denied a request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates), for construction of two (2) single-family residences.
PUBLIC HEARING #145-90-3 RICHARD & SARA ACHOR
No one present wished to discuss this request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-1-7 (Urban Residential) to AR (Agricultural Residential), for residential purposes.
PUBLIC HEARING #148-90-3 JOHN C. BARTOLETTI
Mr. Steve Richey, Attorney, was present in the audience to answer questions regarding this request.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and approved a request for rezoning from A (Agricultural) to AR (Agricultural Residential), for a single-family dwelling.
PUBLIC HEARING #137-90-2 MAE JEWELL DAVIS
Mrs. Mae Jewell Davis, applicant, appeared before the Board to answer questions regarding this request.
There was no opposition to the request.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Board and approved a request for rezoning from R-1-7 (Urban Residential) to R-1-5 (Mobile or Mixed Residential) or RM (Mobile Home Residential), for a mobile home site.
PUBLIC HEARING #132-90-2 M.T. CARTLEDGE
No one present wished to discuss this 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 a request for rezoning from A (Agricultural) to R-1-6 (Residential District), to create two (2) single-family homes.
PUBLIC HEARING CUP#339A-1 ELIZABETH ANDREWS
No one present wished to discuss this request.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#339-1, to delete four (4) cottages and replace with one residence; and remove an existing duplex and replace with one residence.
PUBLIC HEARING #140-90-1 ABRAHAM LINCOLN ALLEN
No one present wished to discuss this request.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved rezoning from A (Agricultural) to R-1-5 (Mobile or Mixed Residential), to split into one (1) acre lots for construction of homes.
PUBLIC HEARING #149-90-5 CRAIG & ELAINE BUTTERFIELD
Mr. Steve Richey, Attorney, representing the applicants, appeared before the Board to discuss this request.
There were two letters in opposition, one from the City of Eustis.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried, the Board upheld the recommendation by the Planning and
Zoning Commission and approved a request for rezoning from A (Agricultural) to R-1-15 (Residential Estates), for residential construction.
Commr. Swartz voted "no".
Commr. Swartz stated that he feels that, on a 100 acre tract, a PUD, with additional requirements, would be more appropriate.
PUBLIC HEARING LPA#90-1-3 SOUTHLAKE FLORIDA QUALITY DEVELOP MENT/ROBERT CHAPMAN
Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board to present this request.
The County Attorney informed the Chairman that the Board would need to convene as the Local Planning Agency to hear this application as the LPA, make a recommendation, and on November 20, 1990, the Board will sit as the Board of County Commissioners to consider
transmittal of the Land Use Plan Amendment to the Department of Community Affairs.
At this time, the Chairman convened the Board as the Local Planning Agency.
Discussion occurred by the Board regarding the legal description, which will be changed prior to advertising.
Commr. Swartz stated that he feels the Comprehensive Plan, in regard to the Expansion of the Urban Mode, does not deal with the situation where you have one land owner, owning land on both sides.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request to advertise a request by the Planning and Zoning Commission to consider a Land Plan Amendment for "Southlake" development, a proposed "Florida Quality Development" (FGD) as an expansion of the existing Bramalea Urban Compact Node for a Public Hearing on November 20, 1990.
The Chairman reconvened as the Board of County Commissioners for the Planning and Zoning Hearing.
PUBLIC HEARING #136-90-3 SOUTHLAKE PUD/ROBERT CHAPMAN
Mr. Robert Chapman, applicant, appeared before the Board to discuss this request.
No one appeared in opposition to this request.
Discussion occurred regarding the letter, dated October 15, 1990, from The Land Planning Group, stating a list of additional variances the Southlake project will require.
Ms. Annette Star Lustgarten, County Attorney, made comments in relation to the Public Service Commission.
Ms. Lustgarten stated that in the memorandum, dated October 15, 1990, regarding the Proposed language to be incorporated in the Southlake PUD Development Order, the provision under Section 3.05 Water and Wastewater Management, Section B, the last sentence should be changed to specifically provide that the applicant will file for a transfer of the certificate of authorization pursuant to State Statute as procedures set forth therein in coordination with the County.
Ms. Lustgarten presented the following language changes to the PUD Ordinance:
No development orders or development permits shall be issued by Lake County for any development within this Southlake Planned Unit Development until:
a. It undergoes Chapter 380, Florida Statutes, Development of Regional Impact review, a development order is issued by Lake County and this PUD Ordinance is amended to reflect any Development of Regional Impact requirements; or
b. It undergoes Chapter 380, Florida Statutes, Florida Quality Developments review, a development order is issued by the Department of Community Affairs and this PUD Ordinance is amended to reflect any Florida Quality Development Order requirements.
c. Development orders or permits for that portion of this PUD on the 230 acres west of U.S. 27 shall not be issued for development that exceeds the limitations established in the existing Lake County Comprehensive Plan unless Land Use Plan Amendment Application No. 90-1-3 submitted by the applicant has been adopted by the Board of County Commissioners and has become final.
Ms. Karen Bowerman, representing the Fire Department, appeared before the Board to discuss fire safety issues and requirements. As of May 14, 1990, single-family units, and multi-family units two stories or less in height, would require a 1,250 gallon per minute pumper and a rescue vehicle, in accordance with County specifications. A multi-family, more than two stories in height, would require the same requirements, as stated above, plus an aerial ladder truck. It was stated that the aerial truck is not only for sprinkling purposes, but also for rescue purposes.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request for an Amendment to the PUD Ordinance adding the three items as listed above, and the Development of Regional issues as presented by the County Attorney.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to include as part of the PUD Ordinance the different provisions as listed on the October 16, 1990 memo listing staff comments for Southlake Development, including the reference to Chapter 367 in the Public Service Commission transfer.
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 A (Agricultural) to PUD (Planned Unit Development) and waivers of variances: 1) Section 696.20 (A-4): right-of-way wide from 66 feet to 60 feet; 2) Section 696.20 (A-6): Parking requirements for both residential of 1.5 per dwelling unit to 1.24 per dwelling unit; commercial from 5 per 1,000 to 2 per 1,000; 3) Section 696.20 (B-2): Maximum height from 40 feet to 75 feet; 4) Section 696.20 (B-5 a,b,c,d): Setbacks for residential dwelling unit; 7) Section 696.20 (C-2): Commercial setbacks: 8) Square feet of multi-family units from 600 feet to 480 feet; 9) Section 81.10: Alley - 100 feet turn around required; 10) Section 81.112: Cul-de-Sac length may not be greater than 1,200 feet; 11) Section 81.113 - Curvelinear streets are recommended; 12) Section 81.120: Grade of right-of-way cannot exceed maximum 8%; 13) Section 82.10: Requirement of public road frontage (private streets); 14) Section 82.12: Corner lot widths; 15) Section 82.15: Commercial off street parking requirements; 16) Section 83.10 Block lengths - (May exceed lengths); 17) Section 84.10 - Utilities: 25 feet required; 18/19) Section 84.11 and Section 93.1330: Drainage requirement of a minimum of 25 foot width easements; excluding Variances 5 and 6; for construction of commercial, multi-family and single-family development, and the issue of fire relative to the ladder truck be resolved during negotiations dealing with sprinkling of the third floor and no structure over 35 feet be allowed without approval through the sprinkling and/or provision of an aerial ladder truck.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to consider and be included for FQD approval the following Subdivision Regulations: 1) Section 81, Subsection 81.110 - Requires 20 foot wide alley, request minimum of 12 feet; 2) Section 81, Subsection 81.123 - Requires county specifications for street markers, request alternative methods and materials; 3) Section 82, Subsection 82.11 - Requires
land uses to be separated, request land uses to be mixed; 4) Section 84, Subsection 84.10 - Requires utility easement of 15 feet centered on rear or side lot line, request that easement need not be centered on rear or side lot line; 5) Section 86, Subsection 86.15, Paragraph B - Requires the location of street trees shall be approved by the Lake County engineer; 6) Section 91, Subsection 91.10 - Requires R/W widths of 50 feet and 20 feet pavement (curb & gutter), request 38 feet R/W and 16 feet pavement (curb and gutter). Requires 66 feet R/W and 24 feet pavement (travel lanes) and 8 feet parallel parking on street; request 50 feet right-of-way and 20 feet lane and 7 feet parallel parking on street; and approval of Zoning Regulations: 1) Section 70, Subsection 70.40, Paragraph (T) - Requires parking spaces of 10 feet by 20 feet, request 9 feet by 18 feet; 2) Section 70, Subsection 70.40, Paragraph (G) - States that no part of any off-street parking area required for any building or use shall be included as part of an off-street parking area required for another building or use, request shared parking be allowed.
PUBLIC HEARING CONSIDERATION OF FLORIDA QUALITY DEVELOPMENT ROBERT CHAPMAN
Mr. Gregg Stubbs, Director of Development Coordination, appeared before the Board and asked that the request for consideration of the Florida Quality Develpment designation be postponed for 60 days.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request of the Planning and Zoning Commission to postpone this request for 60 days until December 18, 1990.
PUBLIC HEARING #121-90-4 RR TO PUD REVEST II
Commr. Swartz brought up for discussion the issue of readvertising, Case No. 121-90-4, Hampton Hill Project, in the Mt. Plymouth area. This request was brought before the Board August 21, 1990 and was defeated 3-2. Commr. Swartz has worked with the applicant to extensively remodel the development.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved to reconsider Case No. 121-90-4, RR TO PUD REVEST II, at the November 20, 1990 meeting and instructed staff to do the necessary advertising.
Commr. Gregg was absent for the vote.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 4:05 p.m.
______________________________
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
____________________________
JAMES C. WATKINS, CLERK
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