The Lake County Board of County Commissioners met in special session on Tuesday, January 18, 1994, 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: Catherine Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Don Bailey; G. Richard Swartz, Jr.; and Rhonda H. Gerber; Others present were: Tim Hoban, Senior Assistant County Attorney; Peter F. Wahl, County Manager; and Marlene S. Foran, Deputy Clerk.

ORDINANCES/PLANNING & DEVELOPMENT

Commr. Hanson opened the first public hearing on the Ordinance Amending Chapter 15, Lake County Code, Land Development Regulations, Road and School Impact Fees.

Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board and stated that the Ordinance before the Board this date has been redrafted to incorporate the exemption criteria whereby impact fees run with the land rather than with the structure, for mobile homes and conventional homes. He explained that the language addressing school impact fees and the road impact fees states that credit will be given if residential use exists on the site on or prior to the date of adoption.

Mr. Knight referred to the drafted Ordinance amending the Land Development Regulations, School and Road Impact Fees and noted a correction on Page 1, Line 27, deleting "all the".

The Chairman announced that the time had arrived for public comment on the Ordinance amending the Land Development Regulations, School and Road Impact Fees. No one present wished to address this issue with the Board.

Commr. Hanson explained that the Ordinance before the Board this date only changes language in regard to a conventionally built home so that a conventionally built home will be addressed in the same manner in which the mobile home was being addressed.

Discussion occurred regarding a question presented by Commr. Swartz in regard to whether the language being proposed in the Ordinance before the Board was in keeping with the Nexus requirement that the Supreme Court has ruled with regard to the implementation and exaction of impact fees. Mr. Tim Hoban, Senior Assistant County Attorney, responded that the proposed language does comply with the Supreme Court ruling, and explained that the impact fee runs with the land even though the parcel may be vacant, noting that infrastructure was in place for future use.

It was noted that this was the first public hearing and that the second public hearing was scheduled on January 25, 1994 at 5:05 p.m. No action was taken at this time on the Ordinance amending the Land Development Regulations, Road and School Impact Fees.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:10 p.m.

CATHERINE C. HANSON, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

MSF/1-18-94/1-20-94