A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 23, 1995

The Lake County Board of County Commissioners met in regular session on Tuesday, May 23, 1995, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Rhonda H. Gerber, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr. (Commr. Swartz was not present due to a prior commitment); Catherine C. Hanson; and Welton G. Cadwell. Others present were: Rolon W. Reed, Interim County Attorney; Tim Hoban, Senior Assistant County Attorney; Sue B. Whittle, Interim County Manager; Ava Kronz, BCC Office Manager; and Marlene S. Foran, Deputy Clerk.

Commr. Good gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Sue Whittle, Interim County Manager, requested that a request for a letter of support for the Family Transition Program to be implemented in Lake County by Health & Rehabilitative Services (HRS) be added to the Agenda under Reports.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to add to the Agenda under Reports a request for a letter of support for the Family Transition Program to be implemented in Lake County by Health & Rehabilitative Services (HRS).

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

Commr. Hanson requested that discussion on outstanding Vested Rights Determination applications be added to the Agenda under Reports.

Commr. Gerber requested that an application from Mr. Saul Smolar, Attorney, for the position of County Attorney be added to the Agenda under Reports.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved to add to the Agenda under Reports the application of Mr. Saul Smolar, Attorney, for the position of County Attorney.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

ADDENDUM NO. 1

REPORTS

COMMISSIONER GERBER - CHAIRMAN & DISTRICT 1

APPOINTMENTS-RESIGNATIONS/VALUE ADJUSTMENT BOARD/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Commr. William "Bill" H. Good, as a member of the Board of County Commissioners to serve on the Value Adjustment Board.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

CLERK OF COURTS

ACCOUNTS ALLOWED

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the deletion of capitalized assets, in the amount of $266,950.01; and non-capitalized assets, in the amount of $54,583.61, in combined County-Cities Auction.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PLANNING

Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board to present the Transmittal Hearing on the Lake County Comprehensive Plan Amendment. He explained that there were three (3) private sector Comprehensive Plan Amendments to be considered in the Second Amendment Cycle for Calendar Year 1995.



LPA95-5-2-2 - Evangelical Lutheran Good Samaritan Society, Inc./Cecelia Bonifay, Esquire

Mr. Knight stated that LPA95-5-2-2 for Evangelical Lutheran Good Samaritan Society, Inc. was a request to go from Urban Expansion to Urban. He displayed a copy of the Future Land Use Plan Map on the monitor and discussed the location of the area in question. He stated that staff was recommending approval of the proposed amendment to the Comprehensive Plan for an Urban land use designation with the understanding that there would be an amendment to dedicate land owned by the Lake County Water Authority and the St. Johns River Water Management District as Public Resource Land, with the exclusion of the Hickory Point facility.

At this time, the oath was administered to a number of individuals in the audience who wished to address the Board this date, and to the following County staff: Mr. Mark Knight, Chief Planner, Planning and Development Services; Mr. Greg Stubbs, Director of Development Regulations Services Division; Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services; Ms. Sharon Farrell, Planner III, Office of Development Regulations Services Division; Mr. Jim Stivender, Jr., Director of Public Services; and Mr. Tim Hoban, Senior Assistant County Attorney.

Commr. Gerber indicated that she has had a conversation with Ms. Andrea Burr in regard to the Comprehensive Plan Amendments, and Commr. Hanson also indicated that she has had a conversation with Ms. Bire in regard to same.

Mr. Knight reviewed the current notification process; at which time discussion occurred regarding an appropriate notification process.

Mr. Jim Stivender, Director of Public Services, responded to a question presented by Commr. Good in regard to plans for the intersection at U.S. Highway 27 and State Road 48, and stated that, at this time, the intersection was handling the capacity. He explained that the intersection was being reviewed in terms of a regional intersection and that development in the area did not affect the signal compared to the east west flow of traffic through the state.

Commr. Good expressed concern that this intersection would become a relatively significant intersection. He discussed the actual impacts on the traffic count versus the potential impacts and stated that the planning window was based on potential impacts, and takes into account all previously approved projects along U.S. Highway 27. He questioned whether that was a correct approach. He stated that he wanted to make sure that the Board was taking into account the potential impacts for that entire area. He stated that amendments of this type raise questions as to whether the Board was trying to balance an equation or looking at land use impacts on specific roads, specific sewer lines, and specific neighborhoods. He expressed concern about having "paper" development versus "on the ground" development, and the impact locally and regionally.

Commr. Hanson stated that, in this case, the Board was looking at what was in place around it, and it appears to be an enclave that was surrounded by highly dense development.

Commr. Good expressed concern that, if this case was transmitted, he was not certain that the Board was doing the long term planning necessary to keep traffic flowing down our highways and to not degrade those quality services.

Mr. Knight addressed questions presented by the Board and briefly discussed the Public Resource Lands chart.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

Ms. Cecelia Bonifay, Attorney with Maquire, Voorhis & Wells, P.A., representing the applicant, appeared before the Board and explained that approximately seventy (70) acres of the property in question were uplands and that thirty (30) acres were wetlands and would form a natural buffer with the adjacent community. She discussed the surrounding density and explained that the maximum density that was allowed was seven (7) dwelling units per acre. She stated that Evangelical Lutheran Good Samaritan Society, Inc. was a national organization, in the health care industry and provides health care assistance. She stated that they do not have a specific plan of development for the property, but given the growing aging population of Lake County, as well as Central Florida, they consider this to be a viable piece of property. She stated that the City of Leesburg would provide central water and sewer, Florida Power would be the power provider, and that there was available capacity in the roadway network.

No one present wished to speak in opposition to this request.

There being no further public comment, the public hearing portion of the meeting closed.

Commr. Hanson explained that, in effect, this was a Transfer of Development Rights, which was what the Board has been moving toward, and the Board would be transferring the development rights from the environmentally sensitive areas to a more logical area.

Commr. Gerber stated that the only recourse for an individual who wishes to do something beyond what was on the Future Land Use Plan Map was to do a Comprehensive Plan Amendment, and the Board would have to look at these on a case by case basis. She addressed the option that the Board may elect to propose an amendment to the Comprehensive Plan for the purpose of expanding the Leesburg Urban Area to the South, at which time she discussed the current and proposed future land use. She suggested that the Board put what was currently on the ground a part of the Urban Comprehensive Plan Amendment.

Commr. Hanson stated that she would not have a problem with designating the entire area Urban. She suggested that the Board move forward with this request, and then discuss it for the next group of amendments.

Mr. Steve Richey, Attorney, appeared before the Board and stated that to take the approach of redesignating the entire area Urban on an existing built up project results in an over allocation situation for already built up property. He stated that to do that in this area would basically draw a moratorium and say that no more projects would be allowed because of the existing development.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved Lake County Comprehensive Plan Amendment LPA95-5-2-2: Evangelical Lutheran Good Samaritan Society, Inc./Cecelia Bonifay, Esquire.

The motion carried by a 3 - 1 vote.

Commr. Good voted "No".

Commr. Swartz was not present for the discussion or vote.

LPA95-5-3-3 - Paul M. Hanna, Jr./Omer A. Schrock

Mr. Knight discussed Comprehensive Plan Amendment LPA95-5-3-3: Paul M. Hanna, Jr./Omer A. Schrock and presented an aerial map of the property in question. He explained that the Planning and Zoning Commission recommended approval of the former Comprehensive Plan Amendment as well as this Comprehensive Plan Amendment. He stated that this property was in the South Ridge Industrial Park, and the request was to go from an Employment Center land use designation back to an Urban Expansion land use designation with a Community Commercial Node. He stated that staff was recommending approval of this request. He presented a copy of the Planning and Zoning Commission Minutes, dated May 3, 1995, on the monitor for the Board's review.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

Mr. Paul M. Hanna, the applicant, appeared before the Board; at which time it was noted that Mr. Hanna had been previously sworn in by the Deputy Clerk. Mr. Hanna stated that a site plan had been provided to Public Services to address traffic issues. He explained that HM (Heavy Manufacturing) would have allowed them approximately 10,000 square feet per acre, and they are planning 62,000 square feet on ten (10) acres. He further explained that the collector roads would provide easy access to the center. Mr. Hanna presented a brochure of the Southridge Shoppes, and directed the Board's attention to a tenant list.

No one present wished to speak in opposition to this request.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved Comprehensive Plan Amendment LPA95-5-3-3: Paul M. Hanna, Jr./Omer A. Schrock.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

LPA95-5-1-4 - Carl Julian and R.M. Contella

Mr. Knight discussed Lake County Comprehensive Plan Amendment LPA95-5-1-4: Carl Julian and R.M. Contella, and explained that this was a request to go from Suburban land use designation to Urban Expansion land use designation and was located east of the City of Eustis on State Road 44. He stated that staff was recommending approval of the proposed amendment to the Comprehensive Plan for an Urban Expansion land use designation, and that the Planning and Zoning Commission recommended approval of same.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

Mr. R.M. Contella, the applicant, appeared before the Board at which time the oath was administered by the Deputy Clerk. Mr. Contella stated that zoning was granted in 1992 and that zoning was then changed from R-1-10 on the nineteen (19) acres to R-4. He stated that zoning was in place at this time, and all they wished to do was to develop the property in the way that it was currently zoned. He clarified that the frontage along State Road 44 was currently zoned Commercial.

Mr. Knight displayed an aerial map on the monitor for the Board's review.

No one present wished to speak in opposition to this request.

There being no further public comment, the public hearing portion of the meeting was closed.

In response to a question presented by Commr. Good, Mr. Knight briefly discussed the option that the Board may choose not to approve the proposed amendment based on the timing of residential development criteria contained within the Comprehensive Plan for the Suburban land use designation and stated that this request does not meet the timeliness criteria.

Commr. Gerber expressed concern that this request was not compatible with the surrounding area, the density was too high, and opens up more commercial corridor.

Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to approve Comprehensive Plan Amendment LPA95-5-1-4 - Carl Julian and R.M. Contella.

The Chairman called for a vote on the motion, which failed by a 2 - 2 vote.

Commr. Gerber and Commr. Good voted "No".

Commr. Swartz was not present for the discussion or vote.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to move to the end of the Agenda this date the County Initiated Amendments.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

ZONING

PETITION NO. 7-95-2 R-1 TO R-4 DAVID BORNSTEIN

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that a letter has been received from Cecelia Bonifay, Attorney representing David Bornstein, requesting a thirty (30) day continuance of this case.

At this time, the Chairman opened the public hearing portion of the meeting.

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board and stated that they have filed a letter requesting a continuance following a lengthy hearing before the Planning and Zoning Commission to allow the applicant time to perform a traffic analysis and a traffic study. She stated that Mr. Bornstein was unavailable to testify before the Board this date. She stated that they are also requesting that Road Vacation Petition No. 779 by Guy Lillard, and Road Vacation Petition No. 780 by Amber Hill Homeowners Association, Inc. also be continued.

Mr. Guy Lillard, a resident of Sunshine Hills, appeared before the Board in opposition to the postponement of Road Vacation Petition No. 779 and Road Vacation Petition No. 780; at which time it was noted that Mr. Lillard had been previously sworn in by the Deputy Clerk. He stated that the residents would not oppose the postponement of the rezoning; however, expressed concern that it was very difficult for many of them to take time from work to attend the meetings. He requested that the Board consider six (6) petitions with 298 names, and 83 letters in support of closing the roads in question. He stated that the closing of the roads could be segregated from the rezoning case.

Mr. Tim Hoban, Senior County Attorney, recommended that the Board not separate Road Vacation Petition No. 779 and Road Vacation Petition No. 780 from zoning Petition No. 7-95-2. He suggested that the Board reschedule the road vacations and the zoning case to a Times Certain on a specific date.

Commr. Hanson suggested that the Board entertain an evening meeting for this issue to accommodate those who wish to attend.

Ms. Bonifay clarified that the Planning and Zoning Commission had instructed her client to fund a full traffic impact analysis, and a 60 day continuance was given at the direction of the Planning and Zoning Commission. She stated that said analysis indicates that within all standards there are no adverse impacts on any level of service, however, the applicant was requested to look at alternative access. She stated that to go forward today would be with extreme prejudice.

Mr. Hoban informed the Board that the applicant had been duly noticed, and the Board did have the legal right to go forward; however, cautioned that the County would face the increased chance of litigation if the Board moves forward at this time.

Mr. Lawrence Stuebner, a local resident, appeared before the Board in opposition to the postponement of Road Vacation Petition No. 779 and Road Vacation Petition No. 780; at which time it was noted that Mr. Stuebner had been previously sworn in by the Deputy Clerk. Mr. Stuebner reviewed the history of the previous postponements of the closing of the roads, and indicated that the road closings were not originally part of the rezoning.

Mr. Doug Gibson, a local resident, appeared before the Board in opposition to the postponement of Road Vacation Petition No. 779 and Road Vacation Petition No. 780; at which time it was noted that Mr. Gibson had been previously sworn in by the Deputy Clerk. He explained that the property being rezoned was owned by a Trust and questioned why a member of the Trust could not have been present for the rezoning in place of Mr. Bornstein. He stated that the community wants the roads closed, and the issue resolved at this time.

Mr. Mark Schneider, a local resident, appeared before the Board in opposition to the postponement of Road Vacation Petition No. 779 and Road Vacation Petition No. 780; at which time it was noted that Mr. Snyder had been previously sworn in by the Deputy Clerk. He stated that the road vacations and the rezoning were intertwined, and that the zoning case should be heard with the road vacations at this time. He explained that the communities would not have an objection to the rezoning if the Board approved the road vacations.

Ms. Susana Gibson, a local resident, appeared before the Board in opposition to the postponement of Road Vacation Petition No. 779 and Road Vacation Petition No. 780; at which time, it was noted that Ms. Gipson had been previously sworn in by the Deputy Clerk. She discussed the previous postponements, and stated that the community was prepared to present their case at this time. She expressed concern that there has been a certain amount of prejudice because the applicant keeps getting the continuances. Mr. Leon Moquin, a local resident, appeared before the Board in opposition to the postponement of Road Vacation Petition No. 779 and Road Vacation Petition No. 780; at which time, it was noted that Mr. Moquin had been previously sworn in by the Deputy Clerk. Extensive discussion occurred regarding the postponement of Petition No. 7-95-2 and Road Vacation Petition No. 779 and Road Vacation Petition No. 780.

Ms. Bonifay stated that the Board was correct in connecting the road vacations and the rezoning because the predominant issue was one of access. She explained that Mr. Bornstein needed additional time on the access issue, and that he was the authorized representative of his family trust. She stated that there were no other family trust members to come forward.

At this time, the Board tentatively scheduled a special meeting on June 8, 1995 at the South Lake High School to hear rezoning Petition No. 7-95-2, David Bornstein; Road Vacation Petition No. 779; and Road Vacation Petition No. 780; subject to the availability of the High School.

RECESS & REASSEMBLY

At 10:50 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 11:00 p.m.

ZONING (CONTINUED)

PETITION NO. 7-95-2 R-1 TO R-4 DAVID BORNSTEIN

Ms. Margaret Lillard, a resident of Sunshine Hills, appeared before the Board in opposition to this request; at which time it was noted that Ms. Lillard had been previously sworn in by the Deputy Clerk. Ms. Lillard stated that Sunshine Hills had not been formally notified of Mr. Bornstein's intent to postpone the rezoning. She stated that it was her understanding that Mr. Bornstein was going to ask for the postponement this date and that he should have been present.

Ms. Ava Kronz, Board of County Commissioners Office Manager, stated that the South Lake High School Auditorium would be available on June 8, 1995, and that Jenkins Auditorium would be available on June 9, 1995. It was the decision of the Board to schedule a special meeting on June 8, 1995, at 7:00 p.m., for a public hearing on Road Vacation Petition No. 779, Road Vacation Petition No. 780, and Petition No. 7-95-2, David Bornstein.

Mr. Hoban informed those who had previously filed a Notice of Appearance that said notices would automatically be continued to the June 8, 1995 meeting.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Good made a motion to deny the request for postponement of Petition No. 7-95-2, David Bornstein; Road Vacation Petition No. 779; and Road Vacation Petition No. 780.

The motion died for a lack of a second.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board postpone Petition No. 7-95-2, Road Vacation Petition No. 779, and Road Vacation Petition No. 780 until June 8, 1995, at 7:00 p.m., at South Lake High School Auditorium; and to direct staff to prepare for said meeting.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

PETITION NO. 29-95-5 AMENDMENT TO PUD ORDINANCE NO. 110-89

HERBERT STENGER

Mr. Greg Stubbs, Director of Development Regulations Services Division, requested that Petition No. 29-95-5, Amendment to PUD Ordinance No. 110-89 for the construction of a single family residential structure on Lot 293, be withdrawn at the request of staff. He explained that there was a three (3) to four (4) inch variance that was being requested, and staff saw this as a minor or non-substantial amendment to the PUD document. He stated that staff has issued a letter, and the applicant would obtain clearance through zoning.

PETITION NO. CUP#94A/1/1-2 AMENDMENT TO CUP#94/1/1-2

GEORGE WELKER

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that Petition No. CUP#94A/1/1-2, a request for an amendment to CUP#94/1/1-2 to amend the existing Conditional Use Permit to include two 10 x 30 structures for the purposes of drying Spanish Moss or for possible revocation, by George Welker for Southern Natural, Inc., be withdrawn from the agenda. He explained that this was a CUP that had a violation, and the Planning and Zoning Commission refused to hear the consideration of revocation because staff had not given adequate notice to the applicant. He presented the Notice of Withdrawal of Application on the monitor for the Board's review.

Mr. Daniel Curry, an adjacent property owner, requested that he be allowed to speak in opposition to the postponement of this request.

Mr. Steve Richey, Attorney, representing George Welker, objected to the Board hearing testimony in regard to this request.

At this time, Mr. Tim Hoban, Senior Assistant County Attorney, informed the Board that they have the opportunity to hear comments, or to direct this request back to Code Compliance. He explained that, as long as the Written Statement of Withdrawal was available twenty-four (24) hours prior to the public hearing, the petition was considered withdrawn.

Mr. Stubbs stated that he received the Notice of Withdrawal of Application in his office on May 22, 1995, at 11:00 a.m.

PETITION NO. 16-95-4 A & LM TO PUD

ROBERT & OLLIVENE SULLIVAN

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented a letter on the monitor, dated May 16, 1995, requesting a thirty (30) day continuance of Petition No. 16-95-4, a request for rezoning from A (Agricultural) and LM (Light Manufacturing) to PUD (Planned Unit Development) from Robert and Ollivene Sullivan.

Ms. Cecelia Bonifay, Attorney, representing the applicants, appeared before the Board and explained that the applicants were requesting a thirty (30) day continuance to allow additional time to continue negotiations with the City of Mount Dora regarding the provision of water and sewer to the site.

Commr. Hanson disclosed that, at a recent meeting between Ms. Linda Chapin, Orange County Chairman, Ms. Paulette Alexander, Mayor of Mount Dora, and herself, this request was briefly mentioned in passing; however, would not having any bearing on her vote.

Mr. Steve Richey, Attorney, appeared before the Board and stated that he had filed a Notice of Appearance on behalf of Mr. James Simpson, with regard to this project and stated that his client would support the thirty (30) day continuance.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone Petition No. 16-95-4, Robert & Ollivene Sullivan, for thirty (30) days until the June 27, 1995 Board of County Commissioner Meeting.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

COUNTY MANAGER'S CONSENT AGENDA

PLANNING/ROADS-COUNTY & STATE/SUBDIVISIONS

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approved acceptance of Replat of Harbor Hills PUD (Saddleback Court), as recorded in Plat Book 30, Pages 13-27; subject to final review and approval by the County Attorney - Commission District 5.

Mr. Steve Richey, Attorney, representing Harbor Hills PUD, appeared before the Board and explained that the applicant was replatting lots to realign roads, and the present density of the original plat would be maintained.

The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

ZONING (CONTINUED)

PETITION NO. 19-95-4 C-1 & CUP#89/6/5-4 TO CFD

MORGAN BENNETT & MARY ADAMS

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for rezoning from C-1 (Rural or Tourist Commercial) and CUP#89/6/5-4 to CFD (Community Facility) to establish a church site for the Army of Christian Haitian Wesleyn Church. He explained that there was a Conditional Use Permit that exists on the site at this time for a caretaker's unit. He stated that staff has reviewed the request and finds it consistent with the Lake County Comprehensive Plan and Land Development Regulations. At this time, Ms. Sharon Farrell, Planner III, Office of Development Regulations, displayed two (2) photographs of the property in question on the monitor. Mr. Stubbs stated that staff recommends approval to rezone the parcel to CFD (Community Facility District), and the Planning and Zoning Commission recommends approval to CFD (Community Facility District). He stated that the Conditional Use Permit would be rendered void for the caretaker's unit if this request was approved. Ms. Farrell displayed a site plan on the monitor for the Board's review.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

There were approximately twenty (20) individuals in the audience in support of this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Cadwell, and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from C-1 (Rural or Tourist Commercial) and CUP#89/6/5-4 to CFD (Community Facility) to establish a church site for the Army of Christian Haitian Wesleyan Church - Resolution No. 1995-128.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PLANNING (CONTINUED)

Mr. Mark Knight, Senior Planner, Planning and Development Services, stated that there were four (4) County initiated Comprehensive Plan Amendments, as identified in a memorandum dated May 10, 1995, as follows:

Green Swamp Area of Critical State Concern (GSACSC) Policy 1A- 2.8 Septic Tank Provisions

Mr. Knight explained that Policy 1A-2.8, Septic Tank Provisions, was the criteria for placement of septic tanks in the Green Swamp Area of Critical State Concern, and said provision complies with requests from the Department of Community Affairs (DCA).

Discussion occurred regarding language on I-65, Item 5; at which time Commr. Good suggested that the following language be deleted: "The County shall adopt a septic tank maintenance Ordinance by March 1993, which shall be applicable to all new septic tanks permitted within the GSACSC." No action was taken on this request.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board approved the transmittal of Green Swamp Area of Critical State Concern (GSACSC) Policy 1A-2.8 Septic Tank Provisions.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

Employment Centers Designated on the Future Land Use Map

Mr. Knight directed the Board's attention to a memorandum, dated March 2, 1995, in regard to Employment Centers Designated on the Future Land Use Map.

Commr. Cadwell suggested that the Board postpone the approval of the transmittal of Employment Centers Designated on the Future Land Use Map until such time that the Board has had the opportunity to review the ramifications of this issue.

Commr. Gerber suggested that the Industrial Development Authority be given the opportunity to review and prepare a recommendation to the Board on the Employment Centers Designated on the Future Land Use Map.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

Mr. Steven Richey, Attorney, representing Rogers Investment Company, and Rogers Industrial Park, appeared before the Board and stated that the County has just completed developing the Economic Element to the Lake County Comprehensive Plan, and a substantial amount of time was spent in developing the Future Land Use Element which empowered the employment centers. He expressed concern that the proposal before the Board this date was decommissioning the employment centers through this process. He requested that staff be directed to be sensitive to the existing employment centers where there were several hundred acres of industrial zoned property.

Ms. Cecelia Bonifay, Attorney, representing a number of property owners who have property in the employment center at State Road 19/U.S. Highway 27 and the Turnpike, appeared before the Board to express support of the suggestion to allow the Industrial Development Authority the opportunity to review and provide input on this issue. She urged the Board to move along with the proposed charrette for the Unified Site Plan for State Road 19/U.S. Highway 27, and to consider the same timeframe for the Unified Site Plan. She stated that the employment center concept was an excellent concept and that the Board has followed through with the High Density/Intensity Urban Land Use Category, which dovetails with the employment center designation.

There being no further public comment, the public hearing portion of the meeting was closed.

Ms. Sue Whittle, Interim County Manager, informed the Board that a recommendation would be before the Board in June on the charrette for the Site Plan at State Road 19/U.S. Highway 27.

On a motion by Commr. Good, seconded by Commr. Hanson and carried, the Board approved not to transmit the March 2, 1995 Memorandum - Employment Centers Designated on the Future Land Use Map; and to direct said document to the Industrial Development Authority for review and input, and a recommendation to be brought back to the Board in 120 days.

The motion carried by a 3 - 0 vote.

Commr. Cadwell and Commr. Swartz were not present for the discussion or vote.

High Density/Intensity Urban Land Use Category

Mr. Knight explained that the High Density/Intensity Urban Land Use Category was created to be allowed in language but not placed on the Future Land Use Map to allow the applicant's to come forward on a site specific basis, or for the County to look at areas where it could be used. He stated that this criteria could be transmitted if there were no objection to said language, and focus could then be put on working with the Department of Community Affairs if they should have objections to said language.

Commr. Good expressed concern that agricultural activities have been stricken as incompatible land use within the High Density/Intensive land use category, and stated that there may be a situation where you have an institutional use in agriculture where you would want a high density situation. At this time, Mr. Knight responded to Commr. Good's concerns.

Commr. Gerber opened the public hearing portion of the meeting.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved transmittal of the High Density/Intensity Urban Land Use Category.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

LPA 95-5-4-5 Suburban to Urban Expansion and Suburban and Transitional to Rural on all remaining properties so identified on Lake County Map I-1 - Future Land Use Map

Mr. Knight explained the request for removal of the Suburban Land Use Category on the Future Land Use Map in regard to East Umatilla; at which time he displayed on the monitor a copy of the Future Land Use Plan Map.

At this time, Commr. Gerber turned the Chairmanship over to Commr. Good, Vice Chairman and noted that she would not be participating in the discussion or vote.

Commr. Cadwell stated that he would support the Board moving forward with the East Umatilla plan and that his intent in regard to the change to Rural was to put this all in one motion. He suggested that staff come back with the removal of Suburban, but at the same time adding Urban Expansion and Rural. He stated that the outcome would be the same; however, would provide a level of comfort.

Commr. Hanson stated that she was not in support of taking away Suburban as it stand now.

At this time, Commr. Good opened the public hearing portion of the meeting.

Mr. Robert Moore, City Councilman, representing the City of Tavares, appeared before the Board and stated that the City of Tavares has significant utility infrastructure investments in the ground in Suburban land uses that run south of the city, around Lake Dora, and to the Howey-in-the-Hills bridge. He stated that if the intent of the Growth Management Act and the intent of the County was to promote the urban node concept, the County's Comprehensive Plan and the City's Comprehensive Plan should incorporate those parameters which are going to encourage the Urban Node concept. He further stated that this was the instrument that would help to create the criteria, the parameters, and the regulations in place that would encourage the joint planning area which has not come to fruition. He further stated that, if there was going to be a place for economic development, the cities would be a major contributor in that area, and he would like to see a cooperative effort between the County and the cities in planning joint planning areas.

Mr. Bill Spikes, appeared before the Board and stated that it was time to have County staff work with the cities to allow people to use their land in a way that would fit into the overall program. He stated that taking Suburban land use and throwing it into Rural was absolutely wrong.

Ms. Cecelia Bonifay, Attorney, appeared before the Board and stated that she has a number of clients, individually and corporate entities, that are affected by the proposed change. She stated that they are opposed to the change because it does not provide for the reverse to take place, or a program such as joint planning areas where you are strategically planning where the increase in density or allocation of density was going to take place. She urged the Board to defer this request as it pertains to the change of Suburban to Rural, and to revisit the issue of timeliness and other performance criteria or incentives in the Board's earlier position with regard to reinterpretation of the Comprehensive Plan as it applies to Planned Unit Developments, which may be located in the Suburban classification.

Ms. Hope Lamb, a local resident, appeared before the Board and stated that the Board needs to look at how this affects the areas around the cities. She expressed concern that the Board makes applications for Comprehensive Plan changes under a different set of rules and laws, and suggested that the Board consider following the same date structure that the public was required to follow for applications and submittals.

Ms. Steven Richey, Attorney, representing The Peninsula, appeared before the Board and cited, as an example, The Peninsula which was annexed into the City of Tavares, and has been dealing with the Department of Community Affairs. He stated that the Department of Community Affairs applies timeliness criteria for Suburban on annexations into the city; therefore, The Peninsula was required to provide that it could meet the three (3) dwelling units per acre of the County's timeliness criteria even though it was less than one mile away from central water and sewer, and contiguous to property that had 8.7 units per acre in the City of Tavares. He clarified that the City of Tavares was requesting that the County develop criteria that can be applied as lands are annexed, and also applied to other lands as infrastructure was extended and provided to them that would modify and provide performance standards to the timeliness criteria in place at this time.

There being no further public comment, Commr. Good closed the public hearing portion of the meeting.

Commr. Cadwell made a motion to approve a land use change from Suburban to Urban Expansion, in regard to Section 8 of Umatilla.

The motion died for a lack of a second.

The Vice Chairman, Commr. Good, passed the gavel back to Commr. Gerber, Chairman.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to deny the transmittal of LPA95-5-4-5 Suburban to Urban Expansion and Suburban and Transitional to Rural on all remaining properties identified on Lake County Map I-1 - Future Land Use Map; and to direct staff to meet with the cities and other interested parties to develop a plan to remove Suburban and replace it with Urban Expansion and Rural.

Commr. Hanson stated that the County needs to include the cities, and expressed concern that this was an attempt to ramrod a decision through that was not analytical.

Commr. Gerber stated that she wants staff to vigorously pursue the joint planning areas with the cities.

The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

RECESS & REASSEMBLY

At 12:15 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

ROAD VACATIONS

PETITION NO. 764 - JOSEPH COURSEY - LANE PARK AREA

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 764 by Joseph Coursey to vacate streets and lots, Tavadora Subdivision, and explained that this request was to vacate the underlying plat, and the timeliness was to coordinate this with the construction of a new subdivision in the same location.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved Road Vacation Petition No. 764 by Joseph Coursey to vacate streets and lots, Tavadora Subdivision, Section 6, Township 20, Range 26, Lane Park area - Commissioner District 3.

The motion carried by a 3 - 0 vote.

Commr. Cadwell and Commr. Swartz were not present for the discussion or vote.

DEEDS/RIGHTS-OF-WAY, ROADS & EASEMENTS/SUBDIVISIONS

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present this request.

On a motion by Commr. Hanson, seconded by Commr. Good and carried, the Board approved the acceptance of Final Plat for Tavadora Subdivision Replat; and acceptance of Conservation Easement Deed dated May 3, 1995; subject to final review and approval of the County Attorney - Commissioner District 3.

The motion carried by a 3 - 0 vote.

Commr. Cadwell and Commr. Swartz were not present for the discussion or vote.

PETITION NO. 786 - PCD, INC. - CLERMONT AREA

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 786 by PCD, Inc. and JAM-Lake County, Inc.

At this time, the Commr. Gerber opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation Petition No. 786 by PCD, Inc. and JAM-Lake County, Inc. to vacate lots, drainage, and utility easements, Eagleridge Phase I, Section 23, Township 24, Range 26, Clermont area - Commissioner District 2.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

DEEDS/RIGHTS-OF-WAY, ROADS & EASEMENTS/SUBDIVISIONS

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present this request.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved the acceptance of Replat of Eagleridge, Phase I, as recorded in Plat Book 35, Pages 84-87; subject to final review and approval by the County Attorney - Commissioner District 2.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

PETITION NO. 787 - BARNETT BANK OF LAKE COUNTY - SORRENTO AREA

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 787 by Barnett Bank of Lake County to vacate road and lots, Craig's Addition to Sorrento.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved Road Vacation Petition No. 787 by Barnett Bank of Lake County to vacate road and lots, Craig's Addition to Sorrento, Section 30, Township 19, Range 28, Sorrento area - Commissioner District 4.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

PETITION NO. 788 GLADYS BONOAN LADY LAKE AREA

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 788 by Gladys Bonoan to vacate drainage and utility easement, Orange Blossom Gardens.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation Petition No. 788 by Gladys Bonoan to vacate drainage and utility easement, Orange Blossom Gardens, Unit No. 3.1B, Section 7, Township 18, Range 24 - Lady Lake area - Commissioner District 5.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

ZONING (CONTINUED)

PETITION NO. CUP#95/5/1-4 CUP IN A PHOEBE J. MUELLER

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was a CUP (Conditional Use Permit) in A (Agriculture) for the placement of a second manufactured home on a ten (10) acre parcel for the care of an infirmed relative. He stated that staff has reviewed the request and finds it consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations, and the Planning and Zoning Commission recommended approval to CUP (Conditional Use Permit) in A (Agriculture). At this time, Ms. Sharon Farrell, Planner III, Office of Development Regulations, displayed an aerial map, and a site plan of the property on the monitor for the Board's review. Mr. Stubbs noted that four letters had been received in opposition to this request.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

Ms. Phoebe J. Mueller, the applicant, appeared before the Board; at which time it was noted that Ms. Mueller had been previously sworn in by the Deputy Clerk. Ms. Mueller stated that she selected this area for her mobile home because it was agricultural land and would provide the ability in the future to add an additional mobile home to care for her mother. She addressed concerns expressed in a letter of opposition from Mr. and Mrs. Ross Evers, Jr. in regard to the legal address of her property; and a letter in opposition from Mr. and Mrs. William Mann in regard to a decrease in property values. She explained that the legal access to her property was through Winterwillow Lane.

Mr. Raymond E. Seigler, an adjacent property owner, appeared before the Board in opposition to this request; at which time it was noted that Mr. Seigler had been previously sworn in by the Deputy Clerk. Mr. Seigler stated that Ms. Mueller had no legal right to use the privately maintained roads to access her property. Mr. Seigler noted on the site plan the location of the property owned by his family.

Ms. Bonnie Roof appeared before the Board; at which time the oath was administered by the Deputy Clerk. Ms. Roof stated that she was involved in Mr. Don Mann's lot split project, and that one of the issues that the Board of Adjustments expressed concerned with at the time that Mr. Mann received the variance to exceed the 1,320 feet for the publicly dedicated easements, was that there be a homeowners's agreement or deed restrictions in place that put the homeowners on notice that the County was not responsible for maintaining the roads. She clarified that the roads are publicly dedicated and recorded easements. She stated that Ms. Mueller does have the right to use the easement because the easement abuts her property line.

At this time, Ms. Farrell presented a site plan on the monitor that had been submitted by the applicant. Ms. Mueller reappeared before the Board and discussed the location of her property on the above noted site plan.

Commr. Hanson questioned if the Board would have the ability, as a condition of approval, to tie in the stipulation that Ms. Mueller and her mother help share in the responsibility of maintaining Winterwillow Lane, at which time discussion occurred regarding this option.

Mr. Seigler reappeared to discuss the maintenance of Winterwillow Lane, and Ms. Mueller's responsibility to help maintain said road.

Ms. Jacqueline Marshall, a homeowner in Mill Creek Meadows, appeared before the Board in opposition to this request; at which time it was noted that Ms. Marshall had been previously sworn in by the Deputy Clerk.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a CUP (Conditional Use Permit) in A (Agriculture), due to the applicant's ability to go forward on placement of an additional mobile home with the family lot split process; subject to the deed restriction stating that Winterwillow Lane was a privately maintained road and added to the conditions; and that an agreement be reached indicating that the applicant would be a participant, at whatever cost, with the subdivision for the placement of a second manufactured home on a ten acre parcel for the care of an infirmed relative - Resolution No. 1995-126.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

PETITION NO. CUP#95/5/2-5 CUP IN RM MARVIN STIEBER

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for a Conditional Use Permit (CUP) in RM (Mobile Residential) zoning for the placement of a site built construction single family residential structure. He stated that this would be the third home that has had a Conditional Use Permit in the King's Peninsula Subdivision and that this subdivision contained one (1) conventionally built home and eleven (11) manufactured homes. He stated that staff has reviewed the request and finds it consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations, and the Planning and Zoning Commission recommended approval of the Conditional Use Permit in RM (Mobile Residential). At this time, Ms. Sharon Farrell, Planner III, Office of Development Regulations, displayed a photograph of the site in question on the monitor for the Board's review.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a Conditional Use Permit in RM (Mobile Residential) zoning for the placement of a site built construction single family residential structure - Resolution No. 1995-127.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.



PETITION NO. 21-95-2 R-6 TO R-1 SVEN & LORRAINE PEDERSON

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for rezoning from R-6 (Urban Residential) to R-1 (Rural Residential) to keep horses on the property in the Suburban Land Use Category. He stated that staff has reviewed the request and finds it consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations, and the Planning and Zoning Commission recommended approval of R-1 (Rural Residential) zoning. At this time, Ms. Sharon Farrell, Planner III, Office of Development Regulations, displayed an aerial map of the property in question on the monitor for the Board's review.

Commr. Hanson stated that staff should be tracking the density numbers on smaller tracts, such as the one before the Board at this time, that are released to R-1 (Rural Residential).

At this time, Commr. Gerber opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-6 (Urban Residential) to R-1 (Rural Residential) to keep horses on the property - Resolution No. 1995-129.

The motion carried by a 3 - 0 vote.

Commr. Cadwell and Commr. Swartz were not present for the discussion or vote.

PETITION NO. 22-95-2 A TO R-1 WILLIAM & DIANE KENNEDY,

JAHABB ZOLTAN & MARY TOROK

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this was a request for rezoning 24 acres from A (Agriculture) to R-1 (Rural Residential) to subdivide the parcel utilizing the lot split process. He stated that there were three (3) single family residential structures currently on the property. He stated that staff has reviewed the request and finds it consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations, and the Planning and Zoning Commission recommended approval to R-1 (Rural Residential). At this time, Ms. Sharon Farrell, Planner III, Office of Development Regulations, displayed two (2) photographs of the property in question on the monitor for the Board's review. Ms. Farrell discussed the location of the structures on the site.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

Ms. Bonnie Roof, representing the applicant, appeared before the Board; at which time it was noted that Ms. Roof had been previously sworn in by the Deputy Clerk. Ms. Roof directed the Board's attention to the site plan and explained that there were three (3) lots of record with a house on each lot of record, and they would be creating two more single family residential homesites all within the family.

No one present wished to speak in opposition to this request.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request to rezone 24 acres from A (Agriculture) to R-1 (Rural Residential) to subdivide the parcel utilizing the lot split process - Resolution No. 1995-130.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.



PETITION NO. 20-95-5 RP TO CP WITH C-2 USES

JIMMIE L. WILCOXIN

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for rezoning from RP (Residential Professional) to CP (Planned Commercial) with C-2 (Community Commercial) uses to establish a retail automotive, light marine supply and home hardware supply store. He explained that commercial locational criteria allows staff the ability to locate commercial where commercial should be placed in Lake County. He stated that this location was along State Road 473 south of State Road 44, and 1,800 feet from the intersection, and that the commercial activity in the area was limited to said intersection. He stated that this location does meet the Lake County Comprehensive Plan Policies for a commercial site. He explained that staff recommends denial of CP (Planned Commercial) zoning because the proposed rezoning at this location was premature at this time. It was noted that there was one letter in opposition to this request. At this time, Ms. Sharon Farrell, Planner III, Office of Development Regulations, presented two (2) photographs, and an aerial map of the site on the monitor for the Board's review.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Mr. Jimmie Wilcoxon, the applicant, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Wilcoxon explained that he would like to relocate his present place of business, a retail store selling automotive parts, light marine parts, and household hardware in Wesley Chapel, to the proposed location and stated that there were approximately 10,000 homesites within two miles of the proposed location and that his service as a heavy duty mechanic would be beneficial to the area.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RP (Residential Professional) to CP (Planned Commercial) with C-2 (Community Commercial) uses to establish a retail automotive, light marine supply and home hardware supply store.

Commr. Hanson stated that this request was not premature considering the length of time required to go through the permitting process and if this request meets the commercial criteria for the Lake County Comprehensive Plan.

The motion failed by a 2 - 2 vote.

Commr. Gerber and Commr. Good voted "No".

Commr. Swartz was not present for the discussion or vote.

PETITION NO. 24-95-4 C-1 AND R-1 TO C-2

ROBERT L. AND H. JAMES SIMPSON

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for rezoning from C-1 (Neighborhood Commercial) and R-1 (Rural Residential) to C-2 (Community Commercial) zoning district to establish a banking facility. At this time, Ms. Sharon Farrell, Planner III, Office of Development Regulations, displayed two (2) photographs, a site plan, and a colored site plan indicating the Future Land Use on the monitor for the Board's review, and Mr. Stubbs noted the location of the proposed bank. He stated that staff has reviewed the request and finds it consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations, and the Planning and Zoning Commission recommended approval to C-2 (Community Commercial).

At this time, Commr. Gerber opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from C-1 (Neighborhood Commercial) and R-1 (Rural Residential) to C-2 (Community Commercial) zoning district to establish a banking facility - Resolution No. 1995-131.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

REPORTS

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

STATE AGENCIES/COMMUNITY SERVICES

Ms. Sue Whittle, Interim County Manager, presented the request for a letter of support for the Family Transition Program to be implemented in Lake County by Health Rehabilitative Services (HRS). She explained that Lake County has been chosen by HRS District 13 to be the site within the District to implement the Family Transition Program if chosen by Tallahassee as a location for said program.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved signature on a letter of support for the Family Transition Program to be implemented in Lake County by Health Rehabilitative Services (HRS).

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

COUNTY EMPLOYEES

At this time, Commr. Gerber introduced Ms. Lora Bailey, Engineer III, Public Services.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY

Mr. Rolon Reed, Interim County Attorney, presented the request for denial of a settlement concerning the Lease Agreement Between Lake County and Mr. Chris Ford. He directed the Board's attention to a letter from Mr. Ford, dated April 25, 1995, in which Mr. Ford states that the County was liable to him, in the event of a trial, for somewhere between a minimum of $43,000.00 and a maximum of $56,600.00, for the termination of the lease of his property by the Sheriff's Office. Mr. Reed stated that it was the recommendation of the County Attorney's office that the settlement be rejected.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board approved the denial of the settlement concerning the Lease Agreement Between Lake County and Chris Ford.

The motion carried by a 4 - 0 vote.

Commr. Swartz was not present for the discussion or vote.

Commr. Hanson clarified that the Board rejected the proposed settlement; however, staff should continue with settlement discussions.

COUNTY MANAGER

Ms. Sue Whittle, Interim County Manager, brought up for discussion the rescheduling of the Horizons West presentation. It was the decision of the Board to tentatively schedule a morning presentation in regard to Horizons West during the week of June 19, 1995 or June 26, 1995.

COMMISSIONER HANSON - DISTRICT NO. 4

Commr. Hanson directed the Board's attention to a memorandum from Mr. Greg Stubbs, Director, Development Regulations Services Division, dated May 22, 1995, in regard to Vested Rights, which had been distributed prior to the start of the meeting this date. Commr. Hanson discussed the Vested Rights List and expressed concern that there were approximately thirty-five (35) Vested Rights Certificates that were outstanding. She stated that the County's requirements for Vested Rights Determinations provides that the County has thirty (30) days in which to respond to a request, and the Board has an obligation to move forward on these request.

Mr. Rolon Reed, Interim County Attorney, stated that the list before the Board at this time was an out-of-date list from the Development Regulations Services Division and not a list from the County Attorney's Office. He explained that no one, who was actually developing, has had difficulty obtaining a Vested Rights Determination from the County Attorney's Office if they were entitled to said letter. He stated that the entire issue of vested rights would be on the agenda for discussion on June 7, 1995.

Mr. Stubbs explained that Development Regulations Services Division has a Vested Rights List that was updated quarterly, and that staff had compared said list with the list from the County Attorney's Office, and the list before the Board at this time was the updated current list.

Discussion occurred regarding the perception of the public that there was a hold on Vested Rights Determinations; at which time Commr. Hanson requested that the County Attorney verify the Vested Rights List before the Board at this time. She stated that, if the Board was not following the rules, the perception of there being a hold on Vested Rights Determinations was correct, and the Board needs to change the rules or come into compliance with said rules. Commr. Hanson directed Ms. Sue Whittle, Interim County Manager, and Mr. Reed to provide a report on the outstanding Vested Rights List by May 26, 1995 and that said report be directed to all Commissioners.

COMMISSIONER CADWELL - DISTRICT NO. 5

Commr. Cadwell stated that he would like for staff to review the number of requests that have been received for lot splits to determine if staff can physically process the lot splits, and to consider providing extensions on the lot split process. He explained that citizens have expressed concerns that the six (6) month window may not be a sufficient timeframe.

Ms. Sue Whittle, Interim County Manager, stated that staff was reviewing this issue and would come back to the Board with a recommendation.

COMMISSIONER GERBER - CHAIRMAN AND DISTRICT NO. 1

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved to add Saul Smolar, Attorney at Law, to the list of applicants to be interviewed for the position of County Attorney.

The motion carried by a 4 - 0 vote.

Commr. Swartz 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 3:15 p.m.



___________________________________

RHONDA H. GERBER, CHAIRMAN







______________________________

JAMES C. WATKINS, CLERK





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