The Lake County Board of County Commissioners met in regular session on Tuesday, April 21, 1992 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; Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.
Commr. Gregg gave the Invocation and the Pledge of Allegiance was led by Commr. Hanson.
MINUTES
Regarding the Minutes of March 10, 1992, (Regular Meeting), clarification was made to the misspelling of a proper name, and the following changes were requested:
Page 4, Line 6 - delete "along with other Commissioners" and change "have" to has.
Page 14, Line 24 - change "liability" to ability; and change "mine" to mined.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of March 10, 1992 (Regular Meeting), as amended.
Regarding the Minutes of March 17, 1992 (Special Meeting-5:05 p.m.), clarification was made to the misspelling of a proper name as requested by the Board.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of March 17, 1992 (Special Meeting-5:05 p.m.), as presented.
Regarding the Minutes of March 17, 1992 (Special Meeting-6:20 p.m.), Commr. Gregg requested language be inserted on Page 3, Line 16 to read "collection in some of the unincorporated areas of Lake County". Clarification was made to a comment on
Page 4, Line 2, which Commr. Gregg felt had been made incorrectly. He further requested, on Page 4, Line 20, "Rector" be changed to Boatwright.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of March 17, 1992 (Special Meeting-6:20 p.m.), as amended.
Regarding the Minutes of March 31, 1992 (Special Meeting), a clarification was made by the County Attorney to language on Page 4, Line 8-13 regarding Lots of Record.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of March 31, 1992 (Special Meeting), as amended.
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Hanson, and carried unanimously, the Board approved the following request:
Accounts Allowed
Request for payment of Warrant No. 149544 through Warrant No. 150372, for the following accounts:
County Transportation Trust General Revenue
Capital Outlay Fire Districts
Section 8 Private Industry Council
Landfills Aquatic Weed
Mosquito Control Builders Escrow
Commissary Trust Fund Insurance Fund
Resort & Development Fund Tax Countywide Library
Revenue Sharing Emergency 911 Fund
Law Library Miscellaneous/Gas Fund
Animal Shelter Trust Fund Road Impact
School Impact Fee Trust Account Law Enforcement Trust Fund
Northeast Ambulance Criminal Justice Trust Fund
CLERK'S OTHER BUSINESS
FINANCE/BONDS
Mr. Robert McKee, Chief Deputy Clerk, appeared before the Board to present this request.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for ratification of the costs of issuance for the Sales Tax Revenue Refunding Bonds, Series 1992.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, provided clarification on Tab 2, the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, regarding the specification for purchase of a water wagon; at which time discussion occurred regarding various other items under Tab 2.
Commr. Swartz requested that Tab 3, the request for transfer of funds to various departments and other budget related items, be pulled from the Consent Agenda and handled separately.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exception of Tab 3:
Administrative Services/Budget
Administrative Services/Budget
Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows:
(A) Specifications:
(1) Environmental Svc. Specifications for $144,000.00
Solid Waste purchase of water
wagon.
(2) Environmental Svc. Specifications for $ 20,000.00
Solid Waste Lowboy trailer.
Est. cost per year
$5,000.00, on lease
purchase over five
years.
(3) Environmental Svc. Specifications for $200,000.00
Solid Waste diesel powered wheel
loader. Est. cost per
year $40,000.00 on
lease purchase over
five years.
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Environmental Jim Lee Sales, Inc./ $ 1,175.26
Solid Waste Repair spray/irrigation
SW-12579 piping under concrete
pads & broken line at
pump house. Includes
material & labor.
(2) Public Works Bob's Air Condition/ $ 5,500.00
Parks & Rec. One 1-ton and one 2 1/2
REC-0056 ton air conditioner.
To be installed at the
Umatilla American Legion
Post. To include all
labor & materials.
(D) Encumber Funds Previously Authorized:
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Environmental Public Financial Mgmt. $ 5,938.76
Solid Waste Inc./ Financial
LFE-47 advisory svc. RE:
resource recovery. Period
ending 2-05-92. Solid
waste interim financing
project. Period ending
2-15-92.
(E) Approve Other Payments and Encumber Funds:
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Public Works Sumter Electric Corp./ $ 1,364.80
RB-8104 Cost to move power
poles on Bronson Road
for road project.
(F) Approve Services That Do Not Require Bids
or Quotes and Encumber Funds:
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Development Don Reid Ford Inc./ 4) $ 39,792.00
Building Div. Ford Ranger trucks to BZ-1085 replace trucks with
mileage in excess of
100,000 miles.
State Contract #070-
500-140. Budgeted
Capital Item.
Planning and Development
Accounts Allowed/Subdivisions
Request final plat approval of Wedgewood Club, Fifth Addition; accept an Irrevocable Letter of Credit, in the amount of $17,000.00, for maintenance; and accept the following road into the County maintenance system: Sandy Lane (#5-6543). (57 lots in District 5)
Accounts Allowed/Subdivisions
Request for final plat approval of Cedar Ridge and accept an Irrevocable Letter of Credit, in the amount of $80,000.00, for performance. (14 lots in District 4).
Rights-of-Way, Roads & Easements/Deeds
Request to accept the following non-exclusive easement deeds:
For Large Lot Waiver:
Jerry Peeler - District 2
Lay Laine Corporation - District 2
Frances Joslin - District 2
Accounts Allowed/Bonds
Request consideration of a release of Letter of Credit #SM10167090, in the amount of $100,000.00, and replace with Surety Bond #L00097, in the amount of $100,000.00, for C.A. Meyer Paving and Construction Company. (MP ORD#13-86).
Public Works
Municipalities/Roads - County and State
Request from Louis R. Biron, Lake County Insurance, Inc., on behalf of the Mount Dora Chamber of Commerce and the Mount Dora Village Merchants and Business Association, Inc., to temporarily close Old 441 along the lakeshore between 7:00 a.m. and 7:00 p.m. on Saturday, May 30 and Sunday, May 31, 1992, for the power boat races on Lake Dora.
Rights-of-Way, Roads and Easements
Request to accept Drainage Easement for a road improvement project on C-44A at Lake May.
Accounts Allowed/Road Projects
Request to accept change order #1 to Project No. 5-92, 10th Street (#4-8898C); Hermitage Drive (#4-8898F); Monterey Road (#4-8898E); East Second Avenue (#4-8898D); and the Lake Mack Drive/C-42 Intersection Improvement Lump Sum construction project (#4-8698); in the amount of $1,970.00 (total project - $114,849.03).
Accounts Allowed/Assessments/Bids/Road Projects
Request to advertise for bids for Project No. SA-74, Coyote Pass Special Assessment Lump Sum Construction Project, at an estimated cost of $17,320.00, District 5.
Rights-of-Way, Roads & Easements/Municipalities
Roads - County & State
Request to advertise Vacation Petition No. 680 by Jack R. Amon to vacate a portion of a County maintained road and lots, Jack Underwood Road (#2-1630), Clermont area, District 2.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
Accounts Allowed/Budget Transfers/Resolutions
Commr. Swartz stated that he has requested that this tab be pulled from the County Manager's Consent Agency due to the fact that he does not support the request for transfer, in the amount of $25,500.00, from Personal Services to Operating Expenses for
additional funds to continue the legal process in negotiating a stipulated settlement agreement with the Department of Community Affairs (DCA) for the Lake County Comprehensive Plan.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board approved the requests for transfer of funds in various departments, as follows:
1. Fund: General
Department: Supervisor of Elections
From: Personal Services $26,000.00
To: Operating Expenses $26,000.00
Transfer #: 92-0114
2. Fund: Sales Tax Bond Construction
Department: Capital Improvements
From: Operating Expenses $50,000.00
To: Operating Expenses $50,000.00
Transfer #: 92-0116
3. Resolution to amend the Fiscal Year 1991/92 Law Enforcement Trust Fund to increase the budget, in the amount of $462,904.00, for the Sheriff's Department.
4. Request from the Sheriff for payment of purchases of equipment and operating supplies, in the amount of $41,938.00.
5. Fund: General
Department: Planning and Development
Division: Comprehensive Planning
From: Personal Services $25,500.00
To: Operating Expenses $25,500.00
Transfer #: 92-0118
Commr. Swartz voted "No".
ENVIRONMENTAL SERVICES
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Mike Anderson, Interim Director of Environmental Services, appeared before the Board to present this request.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request to postpone an appointment to replace Mr. James Driscoll, who resigned from the Acquisition of Environmentally Sensitive Lands Advisory Committee; and the request for reappointment of remaining members of said committee whose terms will expire May 21, 1992.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Pete Wahl, County Manager, appeared before the Board to present this request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. John Whitaker, as the Agriculture/Development representative, to the Natural Resources Advisory Committee, with his term to expire on July 9, 1993.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. Mike Anderson, Interim Director of Environmental Services, appeared before the Board to present this request.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for signatures on Third Amendment to extend the contract with Industrial Waste Service (IWS) for curbside collection and marketing of recyclable materials, subject to the inclusion of a thirty (30) day or sixty (60) day termination clause.
PERSONNEL
COUNTY ATTORNEY/PERSONNEL
Mr. Pete Wahl, County Manager, appeared before the Board to present this request.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to advertise and fill the position of Assistant County Attorney at Pay Grade 613-01.
PUBLIC WORKS/PERSONNEL
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for authorization to post and fill the position of Secretary II at Pay Grade 120-01.
COUNTY ATTORNEY'S MATTERS
SUITS AFFECTING THE COUNTY/PLANNING & DEVELOPMENT
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that this request is from Mr. Greg A. Beliveau, Land Planning Group, with regard to Lake County Design Homes #46 vs. Lake County, et.al. Case No. 92-113 CA 01, Emerald Springs, PUD. At this time, she distributed a letter, dated
April 14, 1992, received from the Department of Community Affairs (DCA) in response to a letter addressed to DCA, dated March 26, 1992, addressing additional questions regarding this issue. She stated that this issue is whether or not the project is a Development of Regional Impact (DRI) pursuant to the Wekiva River Protection Act.
No action was taken at this time.
COMMISSIONER'S BUSINESS
APPOINTMENTS-RESIGNATIONS/LIBRARIES/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Ms. Maryella Bowdish to the County-at-large position on the Lake County Library Board.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the reappointment of Mr. Herman Durias as the representative of District 4 on the Planning and Zoning Commission. His term will expire on February 28, 1994.
MUNICIPALITIES/MEETINGS/LANDFILLS
Mr. Pete Wahl, County Manager, appeared before the Board to present the request to schedule a joint meeting with the City of Eustis and the County regarding the City of Eustis' Intent to File Suit relating to the Lake County Solid Waste Program. Mr. Wahl stated that, pursuant to direction from the Board on March 19, 1992, County staff and staff from the City of Eustis have worked toward an equitable arrangement, which addresses the inequity issue, and is agreeable with the City of Eustis.
Discussion occurred regarding said meeting, at which time a meeting was scheduled with the Board and the City of Eustis on May 14, 1992, at 9:00 a.m.
ENVIRONMENTAL SERVICES/COUNTY EMPLOYEES
Mr. Mike Anderson, Interim Director of Environmental Services, appeared before the Board to introduce Mr. Steve Hiney, as the new Recycling Coordinator.
RECESS & REASSEMBLY
At 9:40 a.m., the Chairman announced that the Board would recess, and reconvene at 10:00 a.m. for a public hearing.
PUBLIC HEARINGS - ROAD CLOSINGS
PETITION NO. 677 CBS INDUSTRIES, INC. MT. PLYMOUTH AREA
At 10:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on Road Vacation Petition No. 677 for CBS Industries, Inc.
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to present this request.
No one present wished to discuss this issue with the Board.
No one wished to speak in opposition to this request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition No. 677 for CBS Industries, Inc. to vacate road and lot, Mt. Plymouth, Section "A", Mt. Plymouth area, District 4, as advertised.
PETITION NO. 678 BERNADINE GIBSON AND MARJORY BIEK
GROVELAND AREA
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to present this request.
No one present wished to discuss this issue with the Board.
No one wished to speak in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved Road Vacation Petition No. 678 for Bernadine Gibson and Marjory Biek to vacate roads, Groveland area, District 2, as advertised.
PETITION NO. 679 MICHAEL H. LAIT CLERMONT AREA
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to present this request.
The applicant was present in the audience to answer questions presented by the Board.
No one wished to speak in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation Petition No. 679 for Michael H. Lait to vacate right-of-way Suburban Shores, Clermont area, District 2, as advertised.
ENVIRONMENTAL SERVICES
APPOINTMENTS-RESIGNATIONS/COMMITTEES (CONTINUED)
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Russell C. Peeples to replace Mr. Garvin J. Brasseur, as the Environmental Sciences representative, to the Natural Resources Advisory Committee, with his term to expire on July 9, 1993.
COUNTY ATTORNEY'S MATTERS
SUITS AFFECTING THE COUNTY/PLANNING & DEVELOPMENT (CONTINUED)
The Chairman announced that Mr. Greg Beliveau was present in the audience, and has requested that the Board reopen discussions regarding the Lake County Design Homes #46 vs. Lake County, Emerald Springs, PUD. Ms. Lustgarten reiterated earlier comments regarding this issue.
Mr. Greg Beliveau, Land Planning Group, appeared before the Board and introduced Mr. Michael Gordon, Attorney representing Lake County Design Homes #46.
Mr. Michael Gordon, Attorney, appeared before the Board to address the issues concerning the position taken by the Department of Community Affairs (DCA) regarding final approval to commence development for the Emerald Springs PUD. He stated that he has presented documentation to DCA confirming Lake County Design Homes' compliance with the Wekiva River Protection Act. He stated that he would like to request that the Board give consideration for approval to allow processing of the final plat, and to allow commencement of development activities.
Ms. Lustgarten stated that Department of Community Affairs has taken the position, to date, that this project is a Development of Regional Impact (DRI), and advised the Board against taking any final action until this issue is resolved with DCA.
Mr. Gordon stated that, for the record, they have never been served with any official notice of a determination by DCA to declare the project a DRI. He stated that the County Attorney has confirmed to DCA that Lake County Design Homes #46 has complied with the zoning code, the Comprehensive Plan, and the development regulations of the County. He further stated they were approved a Planned Unit Development (PUD) prior to the Wekiva River Protection Act.
At this time, discussion occurred regarding the status of the Development of Regional Impact (DRI) for the Emerald Springs project and vesting of development rights.
In response to a question presented by Commr. Bakich, Mr. Gordon stated that he is before the Board today to request that the County remove the condition that they receive a clearance letter from the Department of Community Affairs, which DCA has chosen not to issue.
Ms. Lustgarten stated that it is her recommendation to the Board that the County respond to DCA's request for additional information. She further stated that the Board may consider a determination whether or not they wish to proceed after they have received a response back from DCA.
Commr. Gregg made a motion, which was seconded by Commr. Bailey (for the purpose of discussion), to accept application from Lake County Design Homes #46, Emerald Springs PUD; to direct the County Attorney to respond to DCA's letter (dated April 14, 1992); and to notify DCA that Lake County has agreed to accept application from Lake County Design Homes #46 (Owner/Developer).
At this time, Commr. Hanson declared a perceived Conflict of Interest, and abstained from the discussion and vote.
Commr. Bakich suggested that the response to DCA also include the suggestion that DCA work with Lake County and the developer to resolve this issue based on language that has been submitted.
Commr. Swartz stated that the purpose of the Wekiva Amendment, and the reason for lowering the DRI threshold, was to recognize the consequences of large developments. He further stated that State statutes that deal with Development of Regional Impact allow counties and cities to request DRI determination from the DCA on projects, even if they fall below the requirements for a DRI threshold.
Commr. Gregg stated that Emerald Springs was a vested development before the Wekiva River Protection Act became effective, and the threshold was reduced fifty (50) percent.
The Chairman called for a vote on the motion which carried by a 3 - 1 vote.
Commr. Swartz voted "No".
Commr. Hanson abstained from voting due to a perceived Conflict of Interest.
RECESS AND REASSEMBLY
At 10:50 a.m., the Chairman announced that the Board would recess and reconvene at 2:00 p.m. for Rezoning.
ZONING
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that the Board would be acting as the Local Planning Agency on Petition No. LPA#92-2-5, Dwight & David Van Bibber.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the following withdrawal:
Withdrawal
Petition No. 13-92-2 Hughie Stiefel
Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and explained each of the following cases before they were heard. He stated that Petition No. 23-92-2, Big Creek, and
Petition No. 6A-91-2, Ray's Ranch, would be presented before the Board as one item.
PETITION NO. 122-91-2 A TO PUD ELAINE J. DUNNING C/O NORMA JONES AND VINCENT J. FECHTEL, JR.
The applicant and Ms. Kathryn Moffitt, representing the applicant, appeared before the Board to address issues of concern regarding this project.
No one appeared in opposition to this request.
Discussion occurred regarding language on Page 12, of the staff report, Public Facilities, Water and Sewer; at which time Commr. Swartz requested additional language be added for clarification.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved additional language under II. Public Facilities, A. Water and Sewer as follows: Water and Wastewater shall be provided by the City of Leesburg.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to PUD (Planned Unit Development) and waivers from the Lake County Zoning Ordinance for a single-family residential development.
PETITION NO. 19-92-4 A TO AR JOHN & MARY BEATTY
The applicant was present in the audience to answer questions presented by the Board.
No one appeared in opposition to this request.
Commr. Swartz stated that he would prefer driveway access be required from the rear of the property rather than from the front, to avoid continuous driveways along C-437; however, should it be deemed necessary for C-437 access, a dual driveway would be acceptable.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning
from A (Agricultural) to AR (Agricultural Residential) to subdivide into two (2) parcels.
PETITION NO. 14-92-2 A TO AR ROBERT JOHNS
No one present wished to discuss this request with the Board.
No one appeared in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to AR (Agricultural Residential) for a residential development.
PETITION NO. 20-92-2 R-1-7 TO PUD AARON DOWD
Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated that approval of this request will reflect a March 25, 1992 Preliminary Development Plan date.
Mr. Steven Richey, Attorney representing the applicant, appeared before the Board to address issues of concern regarding this project; at which time a site plan of said property was distributed to the Board. He stated that this project is a golf course community consisting of fifteen (15) villages, with approximately forty-five (45) dwelling units per village, and a density of 1.42 units per acre. He further stated that this project will include six hundred and seventy-five (675) homes and ten (10) acres of commercial, which will be internalized.
At this time, Mr. Richey introduced Mr. Aaron Dowd, the applicant; Mr. Tom Trainer, Engineer for the project; Mr. Tom Daly, Planner; and Mr. Clayton Lee, Traffic Consultant.
Mr. Clayton Lee, Traffic Consultant for the project, appeared before the Board to address misconceptions pertaining to where the project was connecting to Lake Louisa Road. Mr. Don Griffey, Engineering Director of Public Works, responded that the proposed location satisfies the concerns of staff.
Mr. Aaron Dowd, the applicant, appeared before the Board and stated that this project will create one-hundred and fifty (150) new construction jobs for a period of eight years, and will create
a total of four hundred and seventy-five (475) new non-construction jobs for Lake County. He stated that, from a service standpoint, the only impact this project will add to the area is the need for one additional deputy sheriff.
Commr. Swartz questioned why the commercial area has been designated on the perimeter of the project and not in the middle of the project, to which Mr. Dowd responded that the commercial is on the perimeter so that it will be of service to those living outside of the community as well as those living within the community.
Mr. Dowd stated that it is his intent, upon approval today, to begin construction of the golf course and the drainage system for the entire four hundred and seventy-five (475) acres in late summer or early fall of 1992, with Phase I scheduled to begin around December of 1992.
Mr. Ty Matlack, a local property owner, appeared before the Board and presented a petition (for the record) addressing the concerns of the homeowners in the area. He stated that one concern is the location of the entrance on Lake Louisa Road, resulting in deceleration and acceleration lanes being located in front of private property. He stated that another concern is the ability of the project to incorporate an additional five percent (5%) in land area outside of the approved plan for recreational purposes, without amending the Preliminary Development Plan, which could be construed to mean that lake front property located directly across from the planned exit, on Lake Louisa Road, would be used as lake access for the development's six hundred and seventy-five (675) families.
Mr. Art Mayer, a local resident, appeared before the Board to address the lake front property across from the planned exit on Lake Louisa Road, and expressed his concern that the PUD could acquire said property at a later time.
Mr. Jim Barker, Director of Pollution Control, appeared before the Board and stated that a Chemical Management Plan is required for the type of golf course in question. He stated that the
Chemical Management Plan will address herbicides, fertilizers, and pesticides, which are required in conjunction with the Department of Environmental Regulations (DER) through their hazardous waste management facilities. He further stated that the general soil types shown on the property, and the general depth to the water table, will provide an adequate amount of absorption soils to absorb nutrients that may come from the use of septic tanks in the project.
At this time, Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and presented the applicant's request for the following waivers from the Lake County Zoning Regulations and Subdivision Regulations.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for waiver of Section 70.40 to allow parking stall size and aisle width to be at 9' x 18' instead of the required minimum parking stall size of 10' x 20' for regular stalls and 12' x 20' for handicapped stalls. All parking stalls shall have wheel stops or curbs.
Commr. Bailey made a motion, which was seconded by Commr. Gregg to approve the request for waiver of the minimum lot size requirement to allow residences to maintain the following: 100' - 140' lot depth - Lots with widths of 50' - 70' to have 20 feet front setbacks, 15 feet rear setbacks and 0' - 10' side setbacks with a minimum of 10 feet between buildings; Lot widths of 70' - 90' to have 20 feet front setbacks, 20 feet rear setbacks and 7-1/2 feet on side setbacks with minimum 15 feet between buildings; Lot width to 90' x 140' to have 20 feet front setbacks, 20 feet rear setbacks and 10 feet on side setbacks; and townhouses to have 20 feet front setbacks, 20 feet rear setbacks and 20 feet side setbacks with minimum of 20 feet between buildings.
Under discussion, Commr. Swartz stated that he would not oppose this project if it were on a central wastewater system, but it is a mistake to put six hundred and seventy-five (675) homes,
and one hundred thousand (100,000) square feet of commercial on septic tanks.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Swartz voted "No".
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for waiver of Section 696(11), which provides clarification that allows the owner to sell an unplatted section of the PUD for development by another owner, conditioned on any conveyance being subject to the PUD conditions.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved the request for waiver of Section 696.13 (2) for an extension of a five (5) year period instead of the two (2) year extension period.
Commr. Swartz voted "No".
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for waiver of the property line diameter to allow the diameter to be one hundred (100) feet, instead of the cul-de-sac requirement which states "permanently designed, as such, should not exceed one thousand two hundred (1200) feet in length, and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least one hundred and twenty (120) feet".
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for waiver of Section 696.20 (6) requesting clarification of the parking facilities requirements. Certain parking configurations may dictate the greater distance between building, and individual parking spaces may be greater than one hundred and fifty (150) feet, but portions of the parking will meet the one hundred and fifty (150) feet minimum.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for waiver of
Section 696.20 (B-3) requesting the Open Space requirement which requires open space shall be provided at a rate of at least twenty-five (25%) percent of the gross land area for phases of the project with structures up to forty (40) feet in height, and thirty-five (35%) percent of projects with structures more than forty (40) feet in height, with the applicant requesting twenty-five (25%) percent of the gross land area to be calculated on the entire PUD and not on individual development tracts.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for waiver of Section 696.20 (5C) to allow for a minimum distance from the rights-of-way to the building to be twenty (20) feet instead of the required setbacks from street rights-of-way to be sixty-two (62) feet from the centerline of roadways or twenty-five (25) feet from the property line, whichever is greater.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for waiver of Section 696.20 (C-2) for clarification that the parking area is not considered a structure and may be allowed within the setback to allow the setbacks from street right-of-way to be twenty-five (25) feet instead of fifty (50) feet as required.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for waiver of Section 84.11 and 93.130 to allow the use of a twenty (20) foot easement for maintenance; Section 92.10 for Clearing and Grubbing; Section 84.11 drainage easements, when required for drainage of the area to be subdivided, shall be a minimum of twenty-five (25) feet, or as necessary to permit property construction and maintenance of drainage facilities, based on the drainage system of the area. All new drainage easements to be installed with recommended size or type approved by the County engineer, and with a minimum of an eighteen (18) inch size cover; and Section 93.13 - Drainage Easements: All drainage easements shall be furnished at no expense to Lake County and shall meet the following standards: (a) Top
channel widths for zero to fifty (50) feet requires top width plus twenty-five (25) feet; (b) Over fifty (50) feet top channel widths require top widths plus twenty-five (25) feet for each side; and (c) Pipe - twenty-five (25) feet minimum; subject to the recommendation by Public Works that there are no open drainage systems (ditches, etc.).
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for waiver of Section 95 of Lake County Subdivision Regulations to the time aspect that the developer provide the County a bond for sodding, stipulating sodding will be provided at the time of home/commercial development instead of requiring a sod strip along the pavement edge, and full sodding of right-of-way where grades exceed three (3) percent be provided prior to acceptance of the streets by Lake County; subject to the recommendation by Public Works to include the minimum stipulation that sodding be provided, per the code, and that the stormwater management system be inspected and free of sedimentation prior to the release of the maintenance bond and assumption of maintenance by Lake County.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the recommendation by Public Works to provide that all pressure pipe under roadways, dedicated to the County, be either encased or Ductile Iron Pipe (DIP) as outlined in the proposed Transportation Standards; and waiver of the requirement that pressure pipe encasement be required on any roads not dedicated to the County.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board approved the request for waiver of the requirement to allow the addition, or up to three additional acres, of land contiguous to the PUD for recreational purposes to be considered a nonsubstantial amendment.
Commr. Swartz voted "No".
Mr. Stubbs stated that the Preliminary Development Plan date of February 7, 1992, as reflected under Land Use, A. Residential (1 & 2), should be amended to reflect a March 25, 1992 date.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for an amendment to change the Preliminary Development Plan from February 7, 1992 to March 25, 1992.
Ms. Annette Star Lustgarten, County Attorney, stated that language should be added to Recreation Open Space, (3) as follows: "A Chemical Management Plan for the golf course shall be submitted at the same time as the improvement plans for the golf course are submitted."
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for additional language addressing the Chemical Management Plan, under Recreation Open Space, as follows: A Chemical Management Plan for the golf course shall be submitted at the same time that the improvement plans for the golf course are submitted.
Ms. Lustgarten stated that language should be inserted under Item IX. Establishment of a Municipal Service Taxing Unit (MSTU) or Municipal Services Benefit Unit (MSBU), which states that revenue shall be provided by special assessments.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for additional language under Item IX. Establishment of a Municipal Service Taxing Unit (MSTU) or Municipal Services Benefit Unit (MSBU) as follows: "The Revenue shall be provided by special assessments".
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for additional language under Item II. Transportation Improvements, (3) which reads: "This can occur in Phase III when average daily trips reach two thousand (2,000).
Commr. Bailey made a motion, which was seconded by Commr. Gregg, to uphold the recommendation of the Planning and
Zoning Commission to approve the request for rezoning from R-1-7 (Urban Residential) to PUD (Planned Unit Development) with waivers for a residential and commercial development.
Under discussion, Commr. Swartz stated that he feels the density of six hundred and seventy-five (675) units for said project justifies a wastewater treatment plant, which would provide reused water for the golf course. He further stated that he is not pleased with location of the exit on Lake Louisa Road.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Swartz voted "No".
PETITION NO. 17-92-1 CP TO M-1 W. EMORY SHELFER
Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated that the Planning and Zoning Commission approved this request to MP (Planned Industrial) with LM (Light Manufacturing) and M-1 (Heavy Industrial) uses. At this time, he presented a handout outlining an amended request and stated that Mr. W. Emory Shelfer, the applicant, has agreed to an amendment as follows: CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) and C-2 (Community Commercial) uses in existing building and site, with the deletion of Section 69.110, taverns, bars; paint, body and fender shops; commercial kennels and/or veterinary clinics; theaters and drive ins.
Mr. W. Emory Shelfer, the applicant, appeared before the Board to answer questions presented by the Board and stated that he is agreeable to the amendment as presented by Mr. Stubbs.
Mr. Steven Richey, Attorney, appeared before the Board to present comments on the zoning of said area.
No one appeared in opposition to this request.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved a request for rezoning from CP (Planned Commercial) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) and C-2 (Community Commercial) uses
in existing building and site, with the deletion of Section 69.110, taverns and bars; paint, body and fender shops; commercial kennels and or veterinary clinics; theaters and drive ins; with the stipulation that additional uses will require approval of use and site plan by the Board of County Commissioners for future industrial uses.
PETITION NO. 16-92-3 R-1-6 + CUP#912-1 TO DELETE LAND AND REZONE FROM R-1-6 TO PFD AL JENE
No one present wished to discuss this request with the Board.
No one appeared in opposition to this request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request to amend R-1-6 + CUP#912-1 to delete land and to rezone from R-1-6 to PFD (Public Facilities District) for a day care learning center.
PETITION NO. 127B-89-5 AMENDMENT TO PUD ORD. #39-91
URICO GOLF & COUNTRY CLUB - HAN SEOP & KEUNAH YOO
Mr. Greg Beliveau, Attorney representing the applicant, appeared before the Board to address issues of concern regarding this project.
No one appeared in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for amendment to PUD Ord. #39-91, to increase total number of lots within the PUD and decrease lot size, and a waiver of setback requirements of Lot 14 to maintain a twenty (20) foot setback instead of twenty-five (25) feet.
PETITION NO. 23-92-2 A TO PUD RUTH A. RAY
PETITION NO. 6A-91-2 AMENDMENT TO PUD ORD. #10-91
RUTH A. RAY
Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated that the Board would be considering Petition No. 23-92-2 and Petition No. 6A-91-2 as one item. He stated that,
commensurate with the agreement entered into with the State Department of Community Affairs (DCA) by the owners of the Ray Ranch property, the Technical Review Committee has made a recommendation for approval of the amendment. However, he stated that there is a recommendation from the Pollution Control Division that requires the Ray Ranch property to connect to central facilities should they become available along C-474.
No one appeared in opposition to this request.
Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and stated that the purpose of this rezoning is to conform the original Ray Ranch PUD, which was rezoned from Ag (Agricultural) to PUD (Planned Unit Development), to the terms of the Settlement Agreement as well as include it and make it a part of the PUD. She stated that Big Creek will be incorporated with the existing Ray's Ranch PUD, resulting in a total of 1,320 acres.
Ms. Bonifay requested that changes be made to language contained in the staff report for Petition No. 23-92-2 as follows: Item II. (7) - change "depicted" to dictated; Item V. B (1) - insert language which states: No structural development may take place.
Ms. Lustgarten reviewed language in the Settlement Agreement which states that the effective date of said agreement is the date on which the Florida Land and Water Adjudicatory Commission enters its final order approving this Agreement and dismissing the subject appeal. She stated that, if the Board approves the zoning today, it will be conditional from the perspective that we are waiting for the Florida Land and Water Adjudicatory Commission to approve the Settlement Agreement.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve, Petition No. 23-92-2, a request for rezoning from A (Agricultural) to PUD (Planned Unit
Development) with changes as indicated, to incorporate said property with the existing Ray's Ranch PUD.
Ms. Bonifay requested that changes be made to language contained in the staff report for Petition No. 6A-91-2 as follows: Special Information, Page 2 - delete "central water and sewer" and insert individual wells and septic tanks; Item II. (7) - change "depicted" to dictated; and Item V. B (1) - insert language which states: No structural development may take place.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for a major amendment to the Ray's Ranch PUD ORD#10-91 with changes as indicated, to incorporate land from Big Creek PUD.
RECESS AND REASSEMBLY
At 3:50 p.m., the Chairman announced that the Board would adjourn and reconvene as the Local Planning Agency.
PETITION LPA NO. 92-2-5 AMENDMENT TO THE LAND USE PLAN MAP
DWIGHT & DAVID VAN BIBBER
Mr. Greg Stubbs stated that the Board would be hearing Petition LPA No. 92-2-5 as the Local Planning Agency (LPA). He stated that this request is for an amendment to the Land Use Plan Map to change the existing use from Rural to Semi-Rural (Future Urban) on five (5) acres in the Em-En-El Grove area.
No one appeared in opposition to this request.
Commr. Bakich brought up for discussion the possibility of postponing this request until which time the Land Development Regulations (LDRs) are in place.
Commr. Bailey stated that Dwight and David Van Bibber purchased the property in question for the purpose of dividing the property into two lots to build homes for their families.
Ms. Annette Star Lustgarten, County Attorney, stated that Chapter 163 permits a Land Use Plan Amendment outside the statutory timeframe of twice (2) a year, if it is for a lot five (5) acres or less. The Board of County Commissioners would be limited to
permitting those types of Land Use Plan Amendments outside the twice (2) a year timeframe to thirty (30) acres during a 12 month (one year) period. She stated that the Board today, sitting as the LPA, may make a recommendation to the Board of County Commissioners, and the Board of County Commissioners will then transmit said amendment to the Department of Community Affairs, at which time DCA will review said amendment. The Board can then consider the zoning after the Land Use Plan Amendment is adopted.
Mr. Dwight Van Bibber, the applicant, appeared before the Board and addressed issues of concern regarding this request. He stated that it was his understanding that the Planning and Zoning Commission recommended approval for the zoning and the variance subject to the Land Use Change. He further stated that he was instructed by County staff that he could present his request in July with the regular agenda, or he could pay the application fee for a Land Use Plan Amendment, in the amount of $975.00, and process it based on the one-time fee.
Commr. Swartz stated that, if it is determined by the Board that changes should be made in designations contained in the Land Use Amendment, the classification should be considered and not just a five (5) acre parcel.
Commr. Hanson suggested this issue be postponed until a Land Use Plan Map has been approved by DCA.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board sitting as the Local Planning Agency, approved the request to recommend to the Board of County Commissioners approval of the Land Use Plan Amendment to change the existing land use from Rural to Semi-Rural (Future Urban).
Commr. Hanson, Commr. Bakich and Commr. Swartz voted "No".
The motion failed with a 2-3 vote.
Ms. Bonnie Roof, representing the applicant, stated that a majority vote for this project previously indicated to Mr. Van Bibber a positive go ahead to submit the $975.00 application fee.
Mr. Van Bibber stated that it was his understanding that, by going through the Land Use Amendment process, he would be in a position to start construction by July 1992.
Commr. Swartz made a motion, which was seconded by Commr. Hanson, to approve a refund, in the amount of $975.00, for the application fee, if the applicant chooses to withdraw or postpone this Land Use Plan Amendment prior to staff scheduling the advertising and a second hearing for the Land Planning Agency to sit as the Board of County Commissioners to hear this recommendation.
Mr. Van Bibber stated that he was told by staff to submit his application prior to January 1, 1992 in order for the application to be processed. He further stated that the zoning and variance application was submitted prior to any one mentioning the need for a Land Use change.
The Chairman called for a vote on the motion which carried.
Commr. Gregg was not present for the discussion or vote.
There being no further business to be brought to the attention of the Land Planning Agency, the Chairman adjourned as the LPA at 4:20 p.m.
RECESS AND REASSEMBLY
At 4:20 p.m., the Chairman announced that the Board would reconvene as the Board of County Commissioners on Petition 5A-92-5.
PETITION NO. 5A-92-5 A TO AR DAVID W. VAN BIBBER
Commr. Hanson made a motion, which was seconded by Commr. Swartz to postpone a request for rezoning from A (Agricultural) to AR (Agricultural Residential) for the development of single-family residence.
Under discussion, Commr. Bakich informed the applicant that staff will begin the amendment process to the Comprehensive Plan at the conclusion of the Land Development Regulations process. At that time, various amendments will be presented for the Board's consideration, and his request may be included.
Commr. Swartz suggested that staff review the fee schedules for Land Use Plan Amendments and make modifications to the fees if deemed appropriate.
The Chairman called for a vote on the motion, which carried.
Commr. Gregg was not present for the discussion or vote.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:25 p.m.
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MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK
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