The Lake County Board of County Commissioners met in special session on Tuesday, January 26, 1993 at 5:05 p.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Don Bailey; Welton G. Cadwell; and Rhonda H. Gerber. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Administrative Assistant to the County Manager; and Marlene S. Foran, Deputy Clerk.

ORDINANCES/PLANNING & DEVELOPMENT

At 5:05 p.m., the Chairman announced that the advertised time had arrived for the Public Hearing on the proposed Ordinance adopting the Land Development Regulations.

Ms. Annette Star Lustgarten, County Attorney, stated that before the Board this date is an ordinance adopting the proposed revisions to the Land Development Regulations. Ms. Lustgarten stated that it is the recommendation of staff that the proposed effective date be changed to reflect an effective date of February 1, 1993.

At this time, Ms. Lustgarten presented to the Board for review and discussion the proposed revised changes to the Land Development Regulations, as follows:

Page II-36: Lot of Record

Ms. Lustgarten stated that staff is proposing that one provision be added to the Lot of Record definition, which addresses unrecorded plats recognized by Lake County and reflected on the official zoning map of Lake County, as follows: "or a lot created by an unrecorded plat recognized by Lake County and identified on the official zoning map of Lake County."

Page III-34: 3.02.01 Lot of Record

Ms. Lustgarten presented a brief summary of general introductory language to the Lot of Record provisions and noted that language has been added to the definition, as follows: "or a Lot of Record Determination was issued prior to January 27, 1993."

Ms. Lustgarten noted that additional language, distributed to the Board this date by Mr. Tim Hoban, Assistant County Manager, has been inserted after "3.02.01, as follows: and 3.02.01.F are met. If a Lot of Record Determination was issued prior to January 27, 1993, then a building permit shall be issued for the Lot of Record if the requirements of Subsections 3.02.01.B, 3.02.01.C, and 3.02.01.F are met.

Page III-35 (B):

Ms. Lustgarten noted that language has been added to reflect Septic Tanks and Sewage Disposal Systems.

Page III-35 (C):

Ms. Lustgarten noted that clarification has been made to language regarding Lot of Record in regard to conventionally built homes and mobile homes, as follows: and the Lot of Record is less than five (5) acres.

Page III-35 & 36: Road Requirements

Ms. Lustgarten briefly reviewed proposed language in Option 1, Option 2, and Option 3 under Road Requirements.

In response to a request by Commr. Swartz regarding Option 3, Ms. Lustgarten stated that Option 3 does not require a public or private road and does not have a road requirement. It does require a fifty (50') road frontage, and compliance with all other requirements, which include a septic tank requirement, a 1/2 mile radius analysis regarding conventional and non-conventional, Aggregation of Lots, and an agreement entered into, which acknowledges that they will agree to participate in a special assessment, and dedicate any required right-of-way necessary for said special assessment in the event one should occur sometime in the future, consistent with the Lake County Road Policy.

Page III-37 (F): Road Dedication and Special Assessment

Insert on second line after "required right-of-way" consistent with Lake County's Road Policy.

Page II-22 & Page XI-3: Entrance Signs

Commr. Swartz noted that flexibility has been provided to language regarding entrance signs and subdivision identification signs.

Ms. Lustgarten stated that, on page II-22, language will be added to the definition of entrance signs as follows: An identification structure located at the main entrance to a County approved development. The verbiage structure shall set forth the name of the development unless utilized for temporary advertising purposes. An entrance sign shall not be utilized for permanent advertising purposes, but may be utilized for temporary advertising purposes.

Ms. Lustgarten stated that, on page XI-3, language will be added, as follows: An entrance sign may include temporary advertising information; however, if that option is selected by the developer, a stand alone temporary sign permitted by Sec. 11.02.00 shall not be permitted on the property.

Page XI-3 (a): Change "two (2)" to three (3).

Page XI-3 (b): Change "thirty-two (32) to forty-eight (48), and on Page XI-4, line 1, change "forty-eight (48) to fifty-two (52).

Page XI-4 (c): change "six (6)" to eight (8).

Page III-22: 3.01.03 Schedule of Permitted and Conditional Uses.

Commr. Swartz noted that it has been recommended that Aviaries be included under Agricultural Uses, and they be allowed Conditionally under zoning classifications A, RA, and AR.

Page III-28: 3.01.04

Mr. Greg Stubbs, One Stop Permitting Center Coordinator/Director Development Regulations Services, appeared before the Board to address language regarding the keeping of

livestock for General Agriculture, Non-Intensive Agriculture, and Horse-Breeding Farms, at which time he distributed a handout graphically showing a barn positioned on a one (1) acre lot. He stated that it is the recommendation of staff to limit language, in Option 2, to the housing of horses only in horse barns, with a setback of fifty (50') feet from the property line.

At this time, Commr. Swartz directed staff to develop appropriate language, in Option 2, to specifically indicate horse barns, indicating that seventy-five (75') feet will be required in all cases with the exception of the horse barn, and that the horse barn will be required to be in the center of the lot, if possible.

Page III-36 (D): Road Requirement

Change "fifty (50')" feet to forty (40') feet.

Page IX-33:

Commr. Swartz noted that a revised page IX-33 has been added and contains clarification of language pertaining to landscape buffer areas at least ten (10') in depth, as follows: e. It is the intent of this Subsection 9.02.04.B.1 to provide that the applicant for a building permit in a zoning district adjacent to existing development or uses shall be required to provide the landscaping buffer area required herein.

Page XIV-77 (e) (g):

Commr. Swartz noted a change in the language, which addresses an easement in Subsection 14.10.02 (D) (5), changing the minimum width of "forty (40) feet" to fifty (50) feet, and the addition of a new provision, which states that Road signs shall be installed. Mr. Donald Griffey, Director of Engineering, Public Services, noted that it was the intent that said provision reflect Road name signs shall be installed.

At this time, the Chairman announced that the time had arrived for the public comment portion of the public hearing on the proposed changes to the Land Development Regulations.

Ms. Rosemary Bennett appeared before the Board and requested clarification on the proposed language regarding the number of

horses allowed on a five (5) acre tract, or less, and the requirement of a fifty (50') foot setback, noting that she lives on a five (5) acre tract and has two horses and one cow.

Ms. Bennett brought up for discussion and clarification the placement of signs on privately maintained roads or easements. At this time, she questioned if an existing easement on a five acre tract would require a name.

Ms. Jean Kaminski, Executive Director, Home Builders Association, appeared before the Board and expressed, for the record, her appreciation to the Board for increasing the square footage for entrance signs and subdivision identification signs. She stated that she is still somewhat uncomfortable with the figures, and suggested that the Board revisit this issue at a later time.

Ms. Bonnie Roof, Permits, Inc., appeared before the Board and request clarification on the proposed language regarding setbacks for horse barns. Ms. Roof stated that it is not possible to meet a two-hundred (200') foot setback for a horse barn on a five acre tract, and suggested that the Board allow a fifty (50') setback on a five (5) acre tract or larger for three horses or less. Ms. Roof further suggested that the Board consider not limiting livestock to horses only on a five (5) acre tract or less.

Discussion occurred regarding the proposed setbacks

for horse barns, at which time Ms. Lustgarten clarified the Board's intent that a one-hundred and fifty (150') foot lot frontage will require a fifty (50') foot setback for three (3) horses or less; anything larger than a one-hundred and fifty (150') foot lot frontage will require a seventy-five (75') foot setback for three horses or less; and more than three horses will require a two-hundred (200') foot setback.

Commr. Hanson noted that the Board would revisit this issue at a later time.

Ms. Cecelia Bonifay, Attorney, appeared before the Board and distributed suggested language to be added on Page I-8,

Section 1.02.21 (A) of the Land Development Regulations. Discussion occurred regarding the proposed language presented by Ms. Bonifay, at which time it was the decision of the Board to include after "structure" the following language: or a principal structure has been constructed and in which a road has been publicly dedicated and maintained.

Mr. David Wishneski, a resident of Umatilla, appeared before the Board and expressed his concern that the road requirements for County specifications have been deleted almost entirely, and questioned what considerations were going to be given to those who have already spent large amounts of money to build roads according to required County specifications.

Mr. Claude Smoak, a resident of South Lake County, appeared before the Board and expressed his appreciation to the Board and staff for their efforts in developing the Land Development Regulations. He expressed his concern with the Lot of Record Determination date of January 27, 1993, as addressed on Page III-34, Section 3.02.00.

Ms. Bonnie Roof reappeared before the Board to address the Lot of Record Determination date of January 27, 1993, as addressed in Section 3.02.01, and expressed her concern that Lot of Record Determinations were stopped by the County three months ago, and the public has not been given the opportunity to submit Lots of Record during the last three months.

The Chairman called for further public comment. There being none, the public comment portion of the public hearing was closed.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved Ordinance No. 1993-1, Land Development Regulations; and Exhibit "A", as amended; with an effective date of February 15, 1993, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ADOPTING LAND DEVELOPMENT REGULATIONS PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF SECTION 21-2, LAKE COUNTY CODE, CENTRAL SEWERAGE AND WATER SYSTEM REQUIREMENTS; PROVIDING FOR THE REPEAL OF SECTION 21-3, LAKE COUNTY CODE, SEPTIC TANK FACILITY LOCATION RESTRICTIONS; PROVIDING FOR CORRECTION

OF SCRIVENERS ERRORS IN THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; PROVIDING FOR NEW AND REVISED DEFINITIONS IN CHAPTER II, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, DEFINITIONS; PROVIDING FOR CREATION OF SUBSECTION 3.00.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, RENAMING OF ZONING DISTRICTS; PROVIDING FOR AMENDMENT OF SUBSECTION 3.01.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, KEY TO CONDITIONS IN TABLE OF PERMITTED AND CONDITIONAL USES; PROVIDING FOR CREATION OF SUBSECTION 3.01.05, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SIMILAR USES; PROVIDING FOR AMENDMENT OF SUBSECTION 3.02.01, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, LOTS OF RECORD; PROVIDING FOR AMENDMENT OF SECTION 3.05, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SETBACKS; PROVIDING FOR AMENDMENT OF SECTION 6.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, NATURAL UPLAND COMMUNITIES, HABITAT OF DESIGNATED SPECIES, AND WILDLIFE CORRIDORS; PROVIDING FOR AMENDMENT OF SECTION 6.06, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, MINING; PROVIDING FOR CREATION OF SECTION 6.12, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, CENTRAL WATER SYSTEM/CENTRAL SEWAGE SYSTEM; PROVIDING FOR AMENDMENT OF SUBSECTION 7.00.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, PERMITTED USES IN THE WEKIVA RIVER PROTECTION AREA; PROVIDING FOR AMENDMENT OF SECTION 9.01, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, TREE PROTECTION; PROVIDING FOR CREATION OF SUBSECTION 9.01.10, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, TREE REMOVAL WITHOUT A PERMIT; PROVIDING FOR AMENDMENT OF SECTION 9.02, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, LANDSCAPING STANDARDS; PROVIDING FOR AMENDMENT OF SUBSECTION 9.03.06, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, PARKING REQUIREMENTS; PROVIDING FOR AMENDMENT OF SUBSECTION 10.01.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SWIMMING POOLS, HOT TUBS, AND SIMILAR STRUCTURES; PROVIDING FOR REPEAL OF SECTION 12.01, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, NONCONFORMING LOTS OF RECORD; PROVIDING FOR AMENDMENT OF SUBSECTION 12.03.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, BOARD OF ADJUSTMENT VARIANCES; PROVIDING FOR AMENDMENT OF SUBSECTION 12.04.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, POLLUTION CONTROL VARIANCES; PROVIDING FOR AMENDMENT OF SUBSECTION 14.00.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, NOTICE PROCEDURE; PROVIDING FOR AMENDMENT OF SUBSECTION 14.03.02, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, REZONING REVIEW PROCESS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.05.02, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, CONDITIONAL USE PERMIT REVIEW PROCESS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.06.02, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, DRI/FQD REVIEW PROCESS; PROVIDING FOR AMENDMENT OF SECTION 14.07, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SUBDIVISIONS; PROVIDING FOR AMENDMENT OF SECTION 14.08, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SITE PLANS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.10.02, LARGE LOT SPLITS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.14.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, MINING SITE PLANS AND OPERATING PERMITS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.14.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, TREE REMOVAL PERMITS; PROVIDING FOR REPEAL OF SUBSECTION 14.14.06, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, WETLAND ALTERATION PERMITS; PROVIDING FOR RENUMBERING OF SUBSECTIONS 14.14.07 AND 14.14.08, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, RIGHT-OF-WAY UTILIZATION PERMITS AND DRIVEWAY/ACCESS CONNECTION PERMITS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:50 p.m.

________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

______________________________

JAMES C. WATKINS, CLERK

msf/1-26-93/2-3-93