BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 26, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, November 26, 1996, 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: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; Catherine C. Hanson; Rhonda H. Gerber, and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, 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, County Manager, noted that an Addendum for approval to hold a workshop for future Public Hearings for an Ordinance amending Land Development Regulations of the Lake County Codification amending Chapter III, Zoning District Regulations, had been distributed to the Board prior to the start of the meeting this date.

Mr. Sandy Minkoff, County Attorney, requested that a request for approval of a Settlement Agreement between Lake County and William Heckler be added to the Agenda.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to add to the agenda a request for approval of a Settlement Agreement between Lake County and William Heckler.

MINUTES

Commr. Cadwell noted that approval of the Minutes of September 24, 1996 (Regular Meeting), October 15, 1996 (Regular Meeting), and October 22, 1996 (Regular Meeting) would be postponed at this time.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests:

Accounts Allowed

Request for approval of Budget Adjustments for FY 95/96 and FY 96/97, and Resolutions from the Office of County Finance, as follows:

RESOLUTIONS:

1. Fund: County Transportation Trust

Department: Public Services

Revenue: Ninth Cent Gas Tax $98,665

Expenditure: Ninth Cent Gas Tax to Cities $98,665

Amendment #: 96-407 (FY 1995/96)

Justification: Resolution No. 1996-170 to receive unanticipated revenue from the State of Florida for proceeds of the gas tax collected for FY 1995/96.

2. Fund: General

Department: Growth Management

Revenue: CDBG $98,054

Expenditure: Several $98,054

Amendment #: 97-021

Justification: Resolution No. 1996-171 to receive unanticipated revenue in the amount of $98,054 for completion of Community Development Block Grant.

3. Fund: Resort/Development Tax

Department: Tourism

Revenue: Miscellaneous Revenue $ 6,247

Expenditure: Other Current Charges $ 6,247

Amendment #: 97-022

Justification: Resolution No. 1996-172 to receive unanticipated monies from the DRV German travel agent group who visited Lake County.

TRANSFERS:

1. Fund: Fish Conservation

Department: Facilities and Capital Improvements

From: Special Reserve $10,450

To: Improvements Other than Buildings $10,450

Transfer #: 97-011

Justification: Funds needed from Special Reserve to repair the fishing pier located at the Tavares Recreation Park.

2. Fund: General

Department: Growth Management

From: Various $60,309

To: Various $60,309

Transfer #: 97-020

Justification: To transfer position of Deputy Building Official from Cost Center Building Services to South Lake Annex.

AUTHORIZATION TO PAY:

1. Fund: General

Department: Non Departmental

Account: Ad Valorem Taxes to Cities

City of Mt. Dora $150,586

Justification: Payment to City of Mt. Dora's two redevelopment districts per Florida Statutes.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Hanson requested that Tab 7, approval and execution of agreement and all necessary closing documents to purchase Paisley Park property at a cost of $64,000.00, be pulled from the County Manager's Consent Agenda for discussion.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the following requests, with the exception of Tab 7:

Accounts Allowed/Contracts, Leases & Agreements/Municipalities

Request for approval of renewal of lease for office space with the City of Eustis for the Americorps Program, in the amount of $5,661.00; and authorization for the Chairman to execute a letter of renewal to the City of Eustis on or before December 3, 1996, per the provisions of Section 22 of the current lease.

Accounts Allowed/Grants/Federal Agencies

Request for acceptance of grant award from the U.S. Department of Justice Office Local Law Enforcement Block Grants Program, in the amount of $107,603.00; and approval for the Chairman to execute related documents.

Grants/Libraries

Request for approval of FloriNet Basic Connectivity Assistance Grant application for the W. T. Bland Public Library, Lady Lake Public Library, and Cooper Memorial Library as required by their membership in the County Library system.

Budgets/Libraries

Request for approval of the Fiscal Year 1996/97 Annual Plan of Service and Budget for the Lake County Library system.

Zoning/Growth Management

Request for approval of cancellation request of Temporary Non-Conforming Zoning Use for Joe and Jane Smart for placement of a trailer on property on Richer Drive while the conventional home was built (MB 9-94-5) - Commission District 5.

Request for approval of cancellation request of Temporary Non-Conforming Zoning Use for Roy Pettis for placement of a travel trailer on property on Bay Lake Road while the conventional home was built (MB 3-94-2) - Commission District 2.

Accounts Allowed/Contracts, Leases & Agreements/Road Projects Roads-County & State

Request for approval and execution of Change Order No. 1 to Road Improvement Project No. 10-95 to Lake Dora Drive, Disston Avenue/Main Street Intersection, and Lakeshore Drive (CR-452) for additional changes in the contract after the bid was submitted, in the amount of $24,036.00 from the Road Impact Fee Benefit District 2 Fund - Commission District 3.

Subdivisions

Request for acceptance and execution of Final Plat for Windy Pines Subdivision (subdivision consists of 4 lots) - Commission District 3.

Rights-of-Way, Roads, & Easements/Road Closings/Subdivisions

Request for approval to advertise Road Vacation Petition No. 831 by Pierre and Denise Grimm, Swiss Fairways, to vacate road right-of-way, Groveland Farms, Section 32, Township 22, Range 25, Groveland area - Commission District 2.

Request for approval to advertise Road Vacation Petition No. 832 by Dale Ladd to vacate rights-of-way, lots and tracts of Ledoux Acres and Clermont Farms lying within the boundaries of the Plat of Montclair Estates, Section 1 and 2, Township 23, Range 25, Clermont area - Commission District 2.

Request for approval to advertise Road Vacation Petition No. 833 by Christopher and Suzanne Thompson to vacate portion of road (Doodle Boy Circle), Rod 'N Reel Club, Section 26, Township 19, Range 25, Tavares area - Commission District 3.

Accounts Allowed/Bids/Budgets/Capital Improvements/Solid Waste

Reprographics/Growth Management/Sheriff

Request for approval to advertise for bids, proposals, and professional services; awards and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:

A) Authorization to Seek Bids, Proposals and Professional Services.

DIVISION AMOUNT

Capital Improvements $10,000.00

Authorization to reject all responses to RPS-6-6-4, Engineering Services for the HVAC System at the Lake County Medical Examiner's Facility. This work will be provided through Marion County's Architectural Contract.

C) Award Bids, and Proposals, and Issue Purchase Orders and/or Contracts.

Solid Waste $25,361.05

Moore Business Communications Services/Request authorization for the Office of Purchasing to process a Change Order to cover additional printing and freight charges for Assessment Management Services. Original Purchase Order amount $24,437.00, additional charges $924.05, for a total of $25,361.05.

Reprographics $29,015.00

Xerox Corporation request authorization for the Office of Purchasing to process a Change Order to cover additional miscellaneous charges to Purchase Order for Reprographics. Current Purchase Order amount $27,360.00, additional charges $1,655.00 for a total of $29,015.00.

E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.

Growth Management $33,618.00

East Central Florida Regional Planning Counsel/Request authorization for the Office of Purchasing to waive bid requirements and issue a purchase order for the membership payment for fiscal year 1996/97. All rates are on a per capita basis and use the official population estimates developed by the University of Florida. Funds are available from account #001.102010.515.8800820.

F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.

Sheriff's Office $18,900.00

Clermont, City of/Acceptance and execution of Lease Agreement between Lake County and City of Clermont for the lease of commercial office space located at 882 DeSoto Street, Clermont, Florida; subject to final review and approval by the County Attorney. Funds are available from account #001.7073200.521.8300440.

Accounts Allowed/Assessments

Request for approval and execution of Satisfaction of Assessment Liens, as follows:

Mt. Plymouth Subdivision

John & Shayna T. Reich $1,811.13

Robert & Cynthia J. Bellamy $1,956.52

Astor Forest Campsites, Lots 2 - 5

Al Tyre & Son Electric Company, Inc. $2,181.44

William Huie Carns $2,051.11

Robert R. Tyre $2,181.44

William E. & Elaine F. Gastfield $1,489.64

Sun Eden Subdivision

Michael & Melanie H. Tucker $1,533.70

Howey Subdivision

Mary C. Golby $1,763.23

North Harbor Acres

Roy J. Mericle $1,073.00

William T. & Carol W. Walker $1,073.00

Sorrento Shores

John Merritt & Betty James $7,576.74

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

COUNTY PROPERTY

Commr. Hanson presented the request for approval and execution of agreements and all necessary closing documents to purchase Paisley Park property.

Mr. Joe Shipes, a resident of Paisley, appeared before the Board to express his appreciation to the Board and briefly discussed the purchasing of property for the Paisley Park.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved a request for approval and execution of agreement and all necessary closing documents to purchase Paisley Park property at a cost of $64,000.00.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

Employee Awards

At this time, Commr. Cadwell presented a plaque to Sarah J. Stallard, Right-of-Way Manager, Public Works, Engineering Division, for Ten Years of Service, as Ms. Gwen Benton, Personnel Officer, provided information on same.

PUBLIC HEARINGS

ROAD VACATIONS

PETITION NO. 830 JIM STIVENDER, JR. MINNEOLA AREA

Mr. Don Griffey, Director of Engineering, Public Works, appeared before the Board to present Road Vacation Petition No. 830 by Jim Stivender, Jr., Lake County Public Works, to vacate road right-of-way, and explained that the road in question was adjacent to property owned by the State of Florida, the Board of Trustees of the Internal Improvement Trust Fund. He stated that a request from the State has been received requesting that the County vacate the road right-of-way to clear up the title. He stated that staff recommends approval of the road vacation.

At this time, Commr. Cadwell 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 unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition No. 830 by Jim Stivender, Jr., to vacate road right-of-way, Section 36, Township 21, Range 25, Minneola area, Commissioner District 2 - Resolution No. 1996-170.

ZONING

It was noted that the following staff members were present for the rezoning hearings: Ms. Sharon Farrell, Senior Director, Department of Growth Management; Mr. Paul Bergmann, Planning and Development Services; Mr. Jeff Richardson, Planner II, Office of Development Regulations Services; and Mr. Donald A. Griffey, Director of Engineering, Public Works.

PETITION NO. PH#24-96-1 R-8 to RP OSMOND N. BERNARD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to correct a legal description inadvertently recorded with Ordinance No. 1996-62, which was approved by the Board for rezoning from R-8 (Mixed Residential) to RP (Residential Professional) for construction of a residential triplex.

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

No one 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. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission to correct a legal description inadvertently recorded with Ordinance No. 1996-62, which was approved by the Board for rezoning from R-8 (Mixed Residential) to RP (Residential Professional) for construction of a residential triplex - Ordinance No. 1996-90.

BCCVAR#45-96-4 VARIANCE OF SECTION 9.05.05(B)

HERMAN HEIDRICH, ET Al

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a variance to Section 9.05.05(B) "Minimum Connection Spacing and Median Openings - Other Access Management Techniques" driveway spacing section of the access management requirements.

Mr. Don Griffey, Director of Engineering, Public Works, appeared before the Board and explained that the applicant was requesting a variance to the connection and driveway spacing standards for a convenient store located at the northwest corner of S.R. 44 and C.R. 437. Mr. Griffey displayed on the monitor an aerial map (County Exhibit A) illustrating the location of the property in question. He stated that the property had 300 feet of frontage on S.R. 44 and on County Road 437. He noted that C.R. 437 was classified as a minor collector road and was not required to comply with the Access Management Ordinance; however, S.R. 44 was an arterial road and was required to comply with said Ordinance. He stated that the spacing standards for that type of road was 660 feet for a full median connection. He explained that the State was in the process of converting the intersection from a flashing beacon to a full signal, and the State has indicated that construction would begin in December. Mr. Griffey displayed on the monitor a site plan (County Exhibit B) of the proposed Handy Way Food Store and illustrated on the site plan the proposed offset connection and a cross access easement on the adjoining property. He explained that staff recommends denial of the full access connection; however, if a variance was granted, staff recommends that the variance be granted for a right turn in, right turn out connection on S.R. 44. At this time, Commr. Cadwell opened the public hearing portion of the meeting.

No one wished to speak in opposition to this request.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt, and Eidson, representing Herman J. Heidrich & Sons and Miller Enterprises, appeared before the Board and explained that the public hearing for a request for a variance of Section 9.05.05(B), and the public hearing for Petition No. PH#25-96-4 have been advertised for the same date to allow the Board to address both issues at one time.

It was the decision of the Board to hear BCC Variance PHA#45-96-4 and Petition No. PH#25-96-4 as separate issues.

Ms. Bonifay stated that Mr. Don Davis, representative of Miller Enterprises, would be addressing the Board this date. She stated that the request was for full access and, to meet the County's requirements, they would gain an easement from Herman J. Heidrich & Sons.

Mr. Don Davis, Real Estate Manager, Miller Enterprises, appeared before the Board to discuss the site for the Handy Way Food Store. He stated that staff was recommending a right turn in, right turn out access 440 feet from the intersection, and Miller Enterprises was requesting a full access 440 feet from the intersection. He discussed the purpose for a full access and explained that a right turn in, right turn out would not allow for a left turn for those heading eastbound. He stated that the proposed store would be 3,000 square feet, and the Hardy's Restaurant Drive Thru would be comprised of 1,500 square feet. At this time, he noted that gasoline taxes in one year would be approximately $184,000.00, and displayed on the monitor a proposed site plan (Applicant's Exhibit 1).

Ms. Bonifay stated that the applicants do not feel that there are safety problems associated with a full access. She noted that it had been indicated that the intersection would be signalized in December which would slow traffic down considerably.

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

Mr. Griffey addressed questions presented by the Board and explained that the spacing standards being used by the County were from the Florida Department of Transportation at the time that the County developed and adopted the Access Management Ordinance. He stated that the greatest spacing requirements were in the rural areas where speed limits were 55 m.p.h. and, if the area speed limit was posted at 45 m.p.h., the applicants would meet the standards for a full access.

Discussion occurred in regard to the location of the turn lane, the proposed access, and permitting through the state; at which time, Mr. Davis stated that they would extend the turn lanes to the west.

Commr. Swartz stated that the Access Management Ordinance was designed to provide for a maximum flow of traffic on the roadway and to insure that the traffic was safe. He stated that equally important with consistency and convenience should be safety in getting in and out of the Handy Way Food Store. He stated that in the long term, adhering to the access management interim rules, a variance that staff was willing to support for a right turn in, right turn out was reasonable. He stated that he would support the staff recommendation of a right turn in, right turn out.

Commr. Good suggested that the area in question may be suburbanizing and that he would support the staff recommendation of a right turn in, right turn out.

Commr. Gerber stated that she would support the staff recommendation of a right turn in, right turn out and stated that patrons would stop at the location most convenient to them.

Commr. Hanson stated that, by not allowing a left turn going east, more traffic would be created at the traffic signal and what was being recommended was a tremendous improvement over what was on the opposing corner.

Commr. Hanson made a motion to approve a variance of Section 9.05.05 (B) "Minimum Connection Spacing and Median Openings - Other Access Management Techniques" allowing for access from both directions off of S.R. 44 with the understanding that the turn lane would be extended to a safe recommended distance from the entrance point.

The motion failed for lack of a second.

Commr. Swartz made a motion, which was seconded by Commr. Hanson, to approve the recommendation of staff granting BCC Variance PH#45-96-4 for a right turn in, right turn out on S.R. 44.

Commr. Hanson requested clarification that, if approved, this variance would be consistent with the Lake County Comprehensive Plan as stated in the backup.

The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.

PETITION NO. PH#25-96-4 A TO C-1 OR CP HERMAN J. HEIDRICH

& SONS/MILLER ENTERPRISES, INC.

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from A (Agriculture) to C-1 (Neighborhood Commercial) or CP (Planned Commercial) with C-1 (Neighborhood Commercial) uses for construction and operation of a convenience store with gas island pumps and fast food sales and service. She stated that staff recommends approval to rezone to C-1 (Neighborhood Commercial) uses, limiting the size of the commercial building to 5,000 square feet for the entire zoning; and the Planning and Zoning Commission recommended approval to C-1 (Neighborhood Commercial) uses. She noted that a traffic study was part of the access management requirement.

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

No one wished to speak in opposition to this request.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt, and Eidson, representing Herman J. Heidrich & Sons and Miller Enterprises, Inc., appeared before the Board and stated that this request was consistent with the Lake County Comprehensive Plan and compatible with surrounding land uses. She stated that the applicant would like consideration on a traffic study.

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

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request to rezone from A (Agriculture) to C-1 (Neighborhood Commercial) for construction and operation of a convenience store with gas island pumps and fast food sales and service - Ordinance No. 1996-91.

PETITION NO. CUP#96/11/1-5 CUP IN A JULIAN MALKIEWICZ

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a Conditional Use Permit (CUP) in A (Agricultural) for the placement of a mobile home on site for the care of an infirm relative, with an existing single family residence. She displayed on the monitor an aerial map (County Exhibit A) of the property in question and noted that the Physician's Affidavits (County Exhibit B and C) were available for review. She stated that there were no letters in opposition to this request, and that staff recommends approval for a Conditional Use Permit in A (Agricultural) and that the Planning and Zoning Commission recommended approval of this request.

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

No one wished to speak in opposition to this request.

Mr. Julian Malkiewicz, the applicant, appeared before the Board and presented a letter from Savings of America (Applicant's Exhibit 1) and requested special consideration to allow him to begin pulling permits immediately.

Mr. Sandy Minkoff, County Attorney, informed the Board that the Ordinance would be sent to the Florida Department of State, Bureau of Administrative Code today and that Mr. Malkiewicz would be able to pull permits by December 1, 1996.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a Conditional Use Permit (CUP) in A (Agricultural) for the placement of a mobile home on the site for the care of an infirm relative, with an existing single family residence - Ordinance No. 1996-93.

PETITION NO. 36-96-3 A TO R-2 PAUL P. DIDION

STEVEN J. RICHEY

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone property from A (Agriculture) to R-2 (Estate Residential) for development of single family residential home sites with a minimum lot size of one-half (1/2) acre. She displayed on the monitor an aerial map (County Exhibit A) of the property in question and briefly discussed the surrounding zoning. She explained that there are environmentally sensitive lands that are encompassed on the site and those lands shall be dedicated into a conservation easement which may be calculated as open space. She stated that staff recommends approval to rezone to R-2 (Estate Residential) and that the Planning and Zoning Commission recommended approval of this request. She stated that there was no public utility provider at this time, and individual septic tanks and wells would be utilized.

Commr. Swartz stated that he had requested a review of the Lake County Comprehensive Plan and/or the Land Development Regulations to determine whether or not there were any Comprehensive Plan policies that also would apply to straight zoning with regard to open space or recreation. He stated that he would submit that there are requirements in the Open Space Conservation Elements of the Comprehensive Plan that do refer to the requirements for open space, and recreation in residential land use.

Ms. Farrell responded to Commr. Swartz's comments and stated that staff has reviewed the Lake County Comprehensive Plan to determine the policies that address open space; however, many of the policies have not been codified or there has not been a Land Development Regulation; therefore, the application was not clear. She stated that it would be beneficial to have a workshop on open space requirements. Extensive discussion occurred regarding an appropriate open space requirement.

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

No one wished to speak in opposition to this request.

Mr. Jimmy Crawford, Attorney, representing Mr. Paul P. Didion, appeared before the Board and noted that Mr. Jim Modica, Modica & Associates, was present to discuss the environmental assessment and wetland delineation of the property performed by Modica & Associates and displayed on the monitor a preliminary site plan (Applicant's Exhibit 1) illustrating the wetlands which would be surveyed and dedicated in a conservation easement. Mr. Crawford discussed the preliminary site plan.

At this time, the oath was administered by the Deputy Clerk to Ms. Sharon Farrell, Mr. Paul Bergmann, Mr. Don Griffey, and Mr. Gary Muller.

Mr. Crawford called Ms. Sharon Farrell to the podium to provide testimony in regard to the staff report and the Urban Area Residential Density Chart, which would allow 3.5 dwelling units per acre. Mr. Crawford stated that the applicant was proposing a low density residential subdivision. He discussed Policy 8-8.5, of the Comprehensive Plan, which states that open space requirements shall be set; however, they are in the unfortunate situation that open space requirements have not been set. He requested that the Board not hold the applicant up while the Land Development Regulations and the Comprehensive Plan get workshopped for open space requirements in residential.

Mr. Crawford called Mr. Jim Modica to the podium to provide testimony as an expert in wetland delineation and Phase I Environmental Assessments for the property in question; at which time, the Deputy Clerk administered the oath to Mr. Modica. Mr. Modica responded to questions in regard to the wetlands delineated in green on the proposed site plan (Applicant's Exhibit 1) and discussed the location of a drainage area that drains into Lake Harris, a burrow pit adjacent to the main road, a small spring, and potential wetlands. Mr. Crawford stated that the delineated wetlands would not be affected, noting that they consider wetlands as project amenities as well as ecologically sensitive areas. In response to a question presented by Mr. Crawford, Mr. Modica stated that he did not find any threatened, endangered, or species of special concern on the site.

In response to a question presented by Commr. Swartz, Mr. Crawford stated that it was not the intent, at this time, to have a common recreation and lake access area and that they were only anticipating lake access for the six (6) lake front lots.

Discussion occurred in regard to the recharge area for the spring; at which time Commr. Good questioned the source of the spring in question. He stated that the Comprehensive Plan addresses very clearly the need to protect recharge areas for sources, and the surface spring in question is a source that we need to address. He stated that the Water Management Districts have been requested to address minimum flow levels for surface water systems, and the spring was certainly historical and environmentally significant.

Mr. Crawford noted that the spring in question was not on the property to be rezoned; however, the water runs through the property before it reaches Lake Harris. At this time, Mr. Crawford distributed a copy of a Soil and Groundwater Report, prepared by Andreyev Engineering, Inc. (Applicant's Exhibit 2), to the Board. He stated that the purpose of the Soil and Groundwater investigation was to delineate the soil and groundwater conditions within the site and to evaluate the site for its suitability to support residential development with individual septic tank drainfield systems. Mr. Crawford discussed the field investigation and soil boring results, groundwater, evaluation, recommendations, and groundwater criteria.

At this time, Mr. Crawford called Ms. Paula Blazer, Principal Planner, Environmental Programs, Department of Growth Management, to the podium to provide testimony; at which time the Deputy Clerk administered the oath to Ms. Blazer. In response to questions presented by Mr. Crawford, Ms. Blazer testified that she has had an opportunity to review the Soil and Groundwater Report, prepared by Andreyev Engineering. She explained that there were fourteen (14) soil borings and there would be septic tank limitations on specific areas of the site. She stated that most of the limitations are restricted to the area known as the wetlands and wetland type soils. She stated that, if construction were to be in that immediate area, they would have to follow Florida Statutes and the Lake County Land Development Regulations regarding septic tank suitability conditions. Mr. Crawford directed Ms. Blazer's attention to Figure 1, illustrating the soil borings; at which time Ms. Blazer testified that the soil boring locations were consistent with the standard methodology. Mr. Crawford directed Ms. Blazer's attention to Figure 2; at which time Ms. Blazer stated that the soil characteristics and the type of soils were relative and that Figure 2 was important because it shows the depth of the water table encountered on that specific day and correlates with the contours defined on Figure 3.

Commr. Good questioned if information was available that indicates the source of the spring. Ms. Blazer responded that the County has obtained said information from the St. Johns River Water Management District; however, their determination of what constitutes high, medium, and low recharge was not as site specific as staff would prefer, and further research would be required.

Discussion occurred in regard to continuing this case until such time that Commr. Good could receive an answer to his question; at which time Mr. Crawford stated that he would not want to continue this case because the answer to Commr. Good's question may not be available, and the information they have indicates that it does not recharge on site. He stated that the he would be happy to go with R-1 zoning or one (1) unit per acre maximum.

Commr. Swartz questioned why this request was not brought to the Board as a PUD (Planned Unit Development); at which time Mr. Crawford stated that the client did not request a PUD, and it did not appear that the size or concerns were addressable. He stated that they were not trying to avoid any open space requirements and that it appeared to be a straight zoning case.

Commr. Hanson stated that she would be more comfortable with the R-1 (Rural Residential) zoning in place of R-2 (Estate Residential).

At this time, Mr. Crawford briefly discussed the locations of the adjacent developments and stated that they were consistent with the development pattern in a growing area, the Lake County Comprehensive Plan, the Lake County Land Development Regulations, and they were attempting to put in a very environmentally correct sensitive development. He requested that the Board approve this

rezoning. He stated that he does not have a Developer's Agreement at this time; however, the applicant would be willing to enter into a Developer's Agreement.

Commr. Swartz stated that a PUD would provide the Board the ability to see a development plan that would more clearly show the environmentally sensitive areas, appropriate open space, and provide the Board the ability to approve the PUD. He expressed concern with the soil types in the report, and the mounding of larger portions of lots, which could pose problems with regard to the drainage system of adjacent lots. He questioned how the conservation easement would be set up and stated that he could support this request with a PUD that addresses the issues of concern and provides the Board with a clear understanding of what it is that we will be getting as opposed to straight zoning.

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

Commr. Hanson stated that she would like to see the topo on this property, and consideration of a PUD that would allow the concepts of clustering which would allow homes to be built on the upland areas.

Commr. Gerber stated that the Lake County Natural Resources Committee has implemented severe soil limitations in the Green Swamp Area of Critical State Concern which require septic tanks to be pumped every five years. She suggested that the Board look at these severe soil limitations as they apply to shorelines to determine whether requirements in the Green Swamp could be applied to shorelines.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board overturned the recommendation of the Planning and Zoning Commission and approved to postpone Petition No. 36-96-3, a request to rezone the property from A (Agriculture) to R-2 (Estate Residential), and allow the applicant to bring this case back as a PUD (Planned Unit Development), crediting fees paid to date, as soon as the submittal can be made.

Ms. Sue Whittle, County Manager, confirmed that the fees that have been paid to date would be credited toward the PUD.

PETITION NO. CUP#96/11/2-4 CUP IN C-2 JOHN H. PARKER

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP in C-2 (Community Commercial) for placement of a mobile home as caretaker residence on the site with an existing convenience store and attached home. She displayed on the monitor an aerial map (County Exhibit A) of the property in question, and stated that staff recommends approval of this request and that the Planning and Zoning Commission recommended approval of this request with conditions, as follows:

1. A visual buffer (six-foot wood fence) must be installed buffering the view of the mobile home from the highway - front of the store.

2. The site must be brought into full compliance with both landscape and site plan requirements to include ADA requirements.

3. The applicant must apply for both, full site plan review by DRS and after-the-fact permits for the mobile home.

4. The existing attached residence is either removed or converted from a dwelling or second residence. The removal or conversion of the residence must be completed prior to receiving a Certificate of Occupancy for the caretaker's residence.

5. Only one residence/dwelling which is the proposed mobile home, is allowed on the site.

At this time, Mr. Gary Mueller, Planner II, Development & Regulation Services Division, presented a video of the area in question (County Exhibit B).

Commr. Hanson requested that clarification be made to Condition No. 4 indicating that the existing attached residence is either removed or converted from a dwelling or second residence for storage or removed.

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

No one wished to speak in opposition to this request.

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

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 Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in C-2 (Community Commercial) for placement of a mobile home as caretaker residence on the site with an existing convenience store and attached home, subject to clarification to condition No. 4 indicating that the existing attached residence is either removed or converted from a dwelling or second residence for storage or removed, and conditions as follows:

1. A visual buffer (six-foot wood fence) must be installed buffering the view of the mobile home from the highway - front of the store.

2. The site must be brought into full compliance with both landscape and site plan requirements to include ADA requirements.

3. The applicant must apply for both full site plan review by DRS and after-the-fact permits for the mobile home.

5. Only one residence/dwelling which is the proposed mobile home, is allowed on the site.

Ordinance No. 1996-92.

PETITION NO. #39-96-2 R-6 TO CFD OKLAWAHA BASIN RECREATION & WATER CONSERVATION & CONTROL AUTHORITY

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for creation of a public passive recreation area with an existing caretaker's residence and detached maintenance shed on a 63.77 acre site in the Lake Louisa area. Ms. Farrell displayed on the monitor an aerial map (County Exhibit A) of the property in question. She stated that staff recommends approval to rezone to CFD (Community Facility District) and that the Planning and Zoning Commission recommended approval of this request.

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

Mr. Gary Race, Land Resource Planner, Lake County Water Authority, appeared before the Board to present this request and explained that the property in question was one of the Water Authority's acquisition sites. He explained that the Water Authority develops a management plan for their acquisition sites that allows public access and usage of the property while maintaining the preservation of the resource. At this time, he discussed the Conceptual Management Plan and displayed on the monitor a colored aerial rendering (Applicant's Exhibit 1) of the Conceptual Master Plan. He stated that picnic tables and hiking trails were the main emphasis of the park.

No one 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.

Commr. Good made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve a request to rezone from R-6 (Urban Residential) to CFD (Community Facility District) for creation of a public passive recreation area with an existing caretaker's residence and detached maintenance shed; parking area; and self contained prefabricated restroom facilities - Ordinance No. 1996-94.

Commr. Swartz disclosed that his wife, Ms. Gena Swartz, was Chairman of the Lake County Water Authority, and requested that Mr. Sandy Minkoff, County Attorney, address this issue.

Mr. Sandy Minkoff, County Attorney, stated that the voting conflict statute requires abstaining from a motion only when the matter would be to your own private interest or that of your spouse; therefore, there would be no conflict in this matter.

The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.

PETITION NO. 82B-92-2 AMEND PUD ORDINANCE #13-93

ROBERT SECRIST, III, TITAN US 27

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for an amendment of PUD Ordinance No. 13-93 (Karst Parcel a/k/a Westchester) to add approximately 39.4 acres to the existing Planned Unit Development. Ms. Farrell presented on the monitor an aerial map (County Exhibit A). She stated that the project has received approval from the Technical Review Committee and that a facsimile from Rebecca Jetton, received November 25, 1996, indicates that the Department of Community Affairs has no objection to the rezoning and that it would meet the criteria and the 40 percent open space requirement. She stated that there were no letters of opposition to this request and that staff recommends approval for an amendment of PUD Ordinance #13-93 (Karst Parcel a/k/a Westchester), and the Planning and Zoning Commission recommended approval of this request.

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

No one wished to speak in opposition to this request.

It was noted that a representative of the applicant was present in the audience.

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

Mr. Sandy Minkoff, County Attorney, directed the Board's attention to the Ordinance, Item No. VIII, Creation of a Municipal Services Taxing Unit (MSTU) or Municipal Benefit Unit (MSBU), and Item No. IX Special Requirement; at which time discussion occurred regarding same. It was the decision of the Board to make the following change under IX. Special Requirement:

Page 7, Line 33 - change "The applicant shall provide $127.00 per unit for fire impact fees" to The applicant shall pay fire impact fee.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for an amendment of PUD Ordinance #13-93 (Karst Parcel a/k/a Westchester) to add approximately 39.4 acres to the existing Planned Unit Development, changing Item No. IX Special Requirement to read as follows: 1. The applicant shall pay fire impact fee. If the Public Safety Impact Fee is adopted by the Board, the applicant shall pay the amount as adopted by the Board. - Ordinance No. 1996-95.

RECESS & REASSEMBLY

At 11:45 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m.

PUBLIC HEARINGS - ZONING (CONTINUED)

PETITION NO. PH#42-96-2 A TO CFD CHESTER C. FOSGATE COMPANY

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone property from A (Agriculture) to CFD (Community Facility District) for erecting an AM Radio Transmitter tower with no broadcasting facility on the site. She explained that the proposal was to erect a 120 to 135 foot tall AM radio repeater tower along the turnpike for broadcast of tourist information. It was noted that staff recommends approval to rezone from A (Agriculture) to CFD (Community Facility District) and that the Planning and Zoning Commission recommended approval of this request. At this time, an aerial map (County Exhibit A) of the property in question was displayed on the monitor.

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

Mr. Michael Marder, Attorney, representing the applicant, appeared before the Board and introduced Mr. William Goaziou; and Mr. Donald Charles, Engineer, who were present in the audience to provide technical information on the facility. Mr. Marder stated that this was a request for a zoning change, on approximately five (5) acres, for the installation of a radio antenna tower to provide AM radio broadcast to the Clermont area to service local information of interest, and to serve as a tourist information related broadcast facility for the "Welcome Center" located off of Highway 19 adjacent to the turnpike exit. He requested that the Findings of Fact, and staff recommendation be made part of the record, as follows:

(A) The proposed rezoning does not conflict with the Lake County Land Development Regulations or the Lake County Comprehensive Plan.

(B) The proposed rezoning is in harmony with the general intent of the Lake County Comprehensive Plan.

(C) The proposed change in zoning and its subsequent land use may be consistent and compatible with the surrounding land uses in the area.

(D) There have been no changed conditions that requite the change in zoning.

(E) The proposed change in zoning will not adversely affect the level of service of any public facility.

(F) The proposed change in zoning should not adversely impact the environment.

(G) The proposed change in zoning may not adversely affect the property value in the area.

(H) The proposed change in zoning will not adversely affect the development patterns of the area.

(I) The proposed rezoning may be in harmony with the general intent of the Lake County Comprehensive Plan and the Lake County Land Development Regulations.

He stated that the transmitter would broadcast at 1000 watts during the day and 250 watts at night and that the purpose of the five (5) acre site was to provide for an extensive buffer to eliminate any potential impact upon surrounding properties. He explained that the antenna would not create electrocution or injury to health, and would not have any adverse affect on reception or interference with other means of communications.

Mr. Marder called Mr. Donald Charles to the podium to provide testimony; at which time the Deputy Clerk administered the oath to Mr. Charles. In response to questions presented by Mr. Marder, Mr. Charles testified that he builds and maintains radio stations and that his background was in broadcast engineering. He discussed the construction of the antenna, buffering, FCC fencing requirements, and safety features.

Mr. Marder called Mr. Bill Goaziou to the podium to provide testimony; at which time the Deputy Clerk administered the oath to Mr. Goaziou. In response to questions presented by the Board, Mr. Goaziou explained that the 10 foot by 10 foot building would be for the housing of a small honda generator in the event of an emergency in lieu of a back-up auxiliary generator.

Mr. Joseph M. Stokes, President, Trails of Montverde Homeowners Association, appeared before the Board in opposition to this request; at which time the oath was administered by the Deputy Clerk. Mr. Stokes discussed his letters of opposition addressed to the Lake County Planning and Zoning Commission, dated October 29, 1996, and to Commr. Bill Good, dated November 13, 1996, which outline the concerns of the Trails of Montverde Homeowners Association. He stated that they were pleased that the applicant did not intend to have a back-up auxiliary generator alleviating a potential fire hazard to the community. He stated that he was concerned with the change in zoning from A (Agriculture) to CFD (Community Facility District) because the area was a rural community and CFD zoning was not compatible with the area. He expressed concern that there were no public postings of this rezoning on the rights-of-way on Fosgate Road or Blackstill Lake Road. At this time, Mr. Stokes distributed a letter, dated November 26, 1996 (Opposition Exhibit 1), in opposition to this request. He further stated that the Association was also opposed to the installation of a light on the antenna should the Board approve this request.

Mr. Barry King, a resident of the Trails of Montverde, appeared before the Board in opposition to this request on behalf of his wife and himself; at which time the oath was administered by the Deputy Clerk. He discussed the impact of this rezoning on the community and the negative impact on property values. He stated that, if the present application for CFD (Community Facility District) were approved, it would be a major step in the direction of additional future non-residential development, and that CFD (Community Facility District) covers a wide range of facilities which would not be compatible with the Trails of Montverde. Mr. King stated that his wife feels very strongly about the potential impact of this rezoning, and they jointly prepared a letter to each of the Commissioners setting forth their views. In response to their correspondence, they received a prompt letter of acknowledgement from the Board Office Manager advising them of the court decisions dealing with ex parte communications on zoning cases which prohibits the Commissioners from meeting, discussing, or receiving any correspondence prior to the public hearing. He questioned how his wife and all others unable to attend the meeting were to make their views known to the Commission in time for them to be duly considered at the public hearing, what steps could be taken to challenge this restriction.

Mr. Michael Marder and Mr. Bill Goaziou reappeared before the Board to addressed questions and the concerns of the Trails of Montverde Homeowners Association, in regard to a back-up generator, lighting on the antenna, and fencing of the facility. He indicated that they chose to rezone to CFD (Community Facility District) at the request of County staff.

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

Ms. Farrell stated that the requirement for a ten (10) foot chain link fence provision, and no auxiliary generator provision could be addressed under Operation Standards of the Ordinance.

Commr. Good stated that he has a problem with the applicant requesting the CFD (Community Facility District) as opposed to a CUP (Conditional Use Permit). He stated that the Board has given direction to staff to avoid CUPs but the private nature of this endeavor would be appropriate as a CUP.

Commr. Cadwell stated that the Board has directed staff not to bring CUPs forward and the CFD was the appropriate zoning.

Commr. Good made a motion, which was seconded by Commr. Swartz, to uphold the recommendation of the Planning and Zoning Commission and approved a request to rezone the property from A (Agriculture) to CFD (Community Facility District), for erecting an AM Radio Transmitter tower with no broadcasting facility on the site with the understanding that there will be no generator on the site, fencing will be in place, and the lighting shall be buffered and well dimmed as much as possible - Ordinance No. 1996-96.

In response to a question by Commr. Swartz, Ms. Farrell stated that billboards would not be allowed in CFD (Community Facility District) zoning.

The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.

ORDINANCES/GROWTH MANAGEMENT

LPA 96/7/1-4 CARL JULIAN AND R.M. CONTELLA

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, changing existing Future Land Use Designation from Suburban to Urban Expansion, on the floor for its final reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP, CHANGING THE LAND USE DESIGNATION FROM SUBURBAN TO URBAN EXPANSION, FOR PROPERTY LOCATED IN SECTION 08, TOWNSHIP 19, RANGE 27, GENERALLY LOCATED AT THE NORTH EAST CORNER OF THE INTERSECTION OF SR 44 AND CR 44B; PROVIDING FOR PROOF OF PUBLICATION AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. Susan Strum, Planner III, Department of Growth Management, appeared before the Board and distributed a preliminary copy of the Minutes of August 27, 1996. Ms. Strum explained that the public hearing this date was the adoption hearing amending the Future Land Use Map, changing the designation from Suburban to Urban Expansion at the northeast corner of SR 44 and CR 44B. She stated that following the transmittal hearing on August 27, 1996, copies of the staff report, and backup materials were sent to the Florida Department of Community Affairs for their review and approval, and that the East Central Florida Regional Planning Council, St. Johns River Water Management District, Southwest Florida Water Management District, Florida Department of Transportation and the Department of Environmental Protection were requested to give their approval as part of the Comprehensive Plan Amendment Review Process. She discussed the amendment before the Board at this time and stated that staff recommends approval of the proposed request for a change in land use designation from Suburban to Urban Expansion for the subject property and that the Planning and Zoning Commission was recommending approval of this request. She expressed her appreciation to Ms. Kitty Cooper, Ms. Pat Goff, and Ms. Sue Carroll for their assistance in preparing the charts for this presentation. She stated that the County has received a letter, dated November 8, 1996, from J. Thomas Beck, Chief of Bureau of Local Planning, Department of Community Affairs (DCA), which included the Department of Community Affairs Objections, Recommendations and Comments (ORC) Report, and that the only objection recognized by DCA was from the Florida Department of Transportation (FDOT) on traffic circulation. She explained that the objection from DCA was that the proposed Future Land Use Map land use designation was not supported by an analysis of projected traffic circulation levels of service and system needs based on the proposed designation as Urban Expansion. She explained that the applicant proposes to develop the site with single family homes at the maximum density of four (4) dwelling units per acre which equals seventy-two (72) proposed dwelling units. At this time, she discussed the Traffic Circulation and Level of Service chart. She stated that DCA also commented on the subject property's location to the existing Mid-Florida Airport, and suggested that the County may want to direct residential uses away from the approach surface of the active runway. In addition, the County may want to require design standards for this development which would reduce the noise impact on the residential portion of the property. She explained that Land Development Regulations, Section 4.01.02.D., addresses Airport Noise Zones, which requires that no person shall sell, lease or offer to sell or lease any land within the Airport noise zone contour unless the prospective buyer or lessee has been given the following notice in writing: "Noise Warning, this land lies beneath the aircraft approach and departure routes for the Leesburg, Umatilla, or Mid-Florida Airport and is subject to noise that may be objectionable." At this time, an aerial map of the property in question was displayed on the monitor.

Discussion occurred in regard to the enforcement of the "Noise Warning", the status of the proposed development, and sound reduction devices installed in the construction of the residences.

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

No one wished to speak in opposition to this request.

Ms. Leslie Campione, Attorney, agent for the applicant and also speaking on behalf of Mr. Billy Spikes, owner of Mid-Florida Airport, appeared before the Board and stated, for the record, that they would do what was necessary to comply with the notice requirement in the Land Development Regulations and that they would request a sound test. She suggested that placing the "Noise Warning" notification on the face of the plat would be more effective than placing it in the deed restrictions. She further stated, for the record, that they do not feel that the meeting this date was an appropriate forum to discuss commercial locational criteria and square footage allocation. She stated that the commercial allocation on this property did not change with the proposed Comprehensive Plan Amendment and that designation was in place whether Suburban or Urban Expansion.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt, and Eidson, representing clients who own property on the corner of SR 44 and CR 44B, appeared before the Board and noted that Mr. Jay Ballard, Cole Whitaker Realty, was present in the audience. She stated that the entire 28 acre parcel at the northeast corner of the intersection of SR 44 and CR 44B was the subject of the Comprehensive Plan Amendment, and her clients are an affected property owner. She discussed the neighborhood activity center designation, which was featured so prominently in discussion of the Comprehensive Plan Amendment. She stated that a conceptual site plan has been submitted on behalf of her clients that allows for 48,000 square feet and up to ten (10) acres of commercial which could equate to more than 48,000 square feet of commercial at the time of the rezoning to CP ( Planned Commercial). She stated that her site plan indicated 108,000 square feet without out parcels as being part of the development scenario. She noted that their concern was how the Board was going to apply and allocate commercial square footages. She stated that they have appeared before the Board today to insure their ability to participate in this process and to be on the record as raising this issue with the Board and requesting that they be noticed on future meetings to allow them the opportunity to be a participant. She stated that they are not in opposition to the residential component of this request before the Board this date.

Mr. Minkoff stated that this issue has not been discussed with staff; however, it would appear that, if a specific number of commercial square footage were to be allocated within the area, it would be on a "first come, first serve" basis.

Mr. Jay Ballard, representative of Cole Whitaker Reality, Trustee, appeared before the Board and stated, for the record, that he would echo Ms. Bonifay's comments that they are in support of the residential development; however are concerned with their ability to develop their property. He stated that, if there was a limitation on the total amount of commercial square footage, they are requesting that they be noticed on future meetings to allowed their participation in that process.

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

Commr. Hanson stated that it has been noted that LPA 96/7/1-4 was consistent with all applicable elements of the Lake County Land Development Regulations and that there are no adverse impacts on the natural environment.

Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve LPA 96/7/1-4, Ordinance No. 1996-85, an Ordinance amending the Lake County Comprehensive Plan, providing for amendment to the Future Land Use Map, changing the land use designation from Suburban to Urban Expansion, as read on its final reading, by title only.

In response to a question presented by Commr. Hanson, Ms. Strum responded that, effective January 1, 1997, the cost of a plan amendment application would be $2,450.00.

The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.

ORDINANCES/GROWTH MANAGEMENT

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending the Lake County Code, Appendix E, Land Development Regulations, Amending Chapter III Zoning District Regulations Amending Setback Requirements, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER III ZONING DISTRICT REGULATIONS; PROVIDING FOR THE AMENDMENT OF TABLE 3.02.05 SETBACK REQUIREMENTS, AMENDING ZONING DISTRICT R-2, SIDE AND REAR SETBACKS, NEW DEVELOPMENT AND EXISTING DEVELOPMENT WITH CONFORMING LOTS, CHANGING THE SIDE AND REAR SETBACKS FOR ACCESSORY STRUCTURES FROM 20 FEET TO 10 FEET; AMENDING ZONING DISTRICT R-2, SIDE AND REAR SETBACKS, EXISTING DEVELOPMENT WITH NONCONFORMING LOTS, CHANGING THE SIDE AND REAR SETBACKS FOR SINGLE FAMILY AND ACCESSORY STRUCTURES FROM 10 FEET TO 5 FEET; AMENDING ZONING DISTRICT AR SIDE AND REAR SETBACKS, EXISTING DEVELOPMENT WITH NONCONFORMING LOTS, CHANGING THE SIDE AND REAR SETBACKS FOR SINGLE FAMILY AND ACCESSORY STRUCTURES FROM 20 FEET TO 5 FEET; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. Susan Strum, Planner III, Department of Growth Management, appeared before the Board and stated that this request brings the above noted districts into consistency with other zoning districts.

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

No one 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. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1996-86, an Ordinance amending the Lake County Code, Appendix E, Land Development Regulations, amending Chapter III Zoning District Regulations Amending Setback Requirements, as read on its final reading, by title only.

ORDINANCES/GROWTH MANAGEMENT

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Lake County Code, Appendix E, Land Development Regulations, Amending Chapter XIV Administration, Amending Small Scale Development Activities, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER XIV ADMINISTRATION; PROVIDING FOR THE AMENDMENT OF SECTION 14.02.10.C. SMALL SCALE DEVELOPMENT ACTIVITIES; CHANGING THE ANNUAL CUMULATIVE LIMIT FROM SIXTY (60) ACRES TO EIGHTY (80) ACRES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. Susan Strum, Planner III, Department of Growth Management, appeared before the Board and stated that state law on small scale amendments has changed and that this request brings small scale amendments back into compliance.

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

No one 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. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1996-87, an ordinance amending the Lake County Code, Appendix E, Land Development Regulations, amending Chapter XIV Administration, amending Small Scale Development Activities, as read on its final reading, by title only.

ORDINANCES/GROWTH MANAGEMENT

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, an ordinance amending the Lake County Land Development Regulations, Removing Reference to the Environmental Protection Board, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS REMOVING REFERENCE TO THE ENVIRONMENTAL PROTECTION BOARD; AMENDING SECTION 1.01.01 TO APPLY ONLY TO THE UNINCORPORATED AREAS OF LAKE COUNTY; AMENDING CHAPTER II, DEFINITIONS OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING SECTIONS 6.06.02, 6.06.03, 6.10.01, 6.11.00, 8.00.05, 9.01.02, AND 12.03.01; DELETING SECTIONS 12.04.00 THROUGH 12.04.10; AMENDING SECTION 12.05.02; DELETING SECTIONS 13.02.00 THROUGH 13.02.03; AMENDING SECTION 13.03.01, 14.00.03; DELETING SECTION 14.05.10; AMENDING SECTIONS 14.07.04, 14.08.02, 14.09.02, AND 14.18.13; CREATING DIVISION 7. THE LAKE COUNTY ENVIRONMENTAL PROTECTION ADVISORY BOARD; PROVIDING FOR A TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR PROCEDURES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. Susan Strum, Planner III, Department of Growth Management, was present to address questions presented by the Board.

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

No one 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.

Commr. Hanson made a motion, which was seconded by Commr. Swartz, to approve Ordinance No. 1996-88, an ordinance amending the Lake County Land Development Regulations Removing Reference to the Environmental Protection Board.

Commr. Swartz stated that there were a number of places in the ordinance that refer to the County Manager or designee and that it would be important to recognize those designations. He stated that this ordinance transfers the previous Environmental Protection Board responsibilities to the Board of Adjustment, and it will be important that the Board of Adjustment Board members be provided staff assistance, preparation, and information to help them deal with the issues.

Commr. Gerber directed the Board's attention to Section 2-90.10. Purpose, and suggested that a non-voting liaison County Commissioner be appointed to the Environmental Protection Advisory Board.

Commr. Gerber made a motion, which was seconded by Commr. Swartz, to amend the motion to include a non-voting liaison County Commissioner to the Environmental Protection Advisory Board.

Mr. Minkoff stated that language would be added to Section 2-90.21. Membership, as follows: C. The Board of County Commissioners shall appoint one of its members to act as a liaison to the Board. The Commissioner shall not be a member of the Board for purposes of quorum and shall not vote.

The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.

The Chairman called for a vote on the original motion which carried unanimously by a 5 - 0 vote.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ORDINANCES/GROWTH MANAGEMENT/MEETINGS

Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and requested that the request for approval to hold a Workshop for future Public Hearings for Ordinance amending Land Development Regulations of the Lake County Codification amending Chapter III, Zoning District Regulations; providing for the amendment of Sections 3.00.01 Zoning Districts; 3.00.02 Purpose and Intent of District; 3.00.04 Renaming Zoning Districts; 3.01.03 Schedule of Permitted and Conditional Uses; 3.02.05 Setback Requirements; 3.02.06 Density, Impervious Surface, Floor Area & Height Requirements; 3.02.09 Minimum Lot Width and Structure Size Requirements for Existing Development be postponed at this time.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved to postpone the above mentioned request for a workshop until December 3, 1996.

COUNTY MANAGER'S DEPARTMENT BUSINESS

ACCOUNTS ALLOWED/BUDGETS

Ms. Sue Whittle, County Manager, presented the request for approval of a commitment letter from SunTrust for a one year extension of the $19 million Solid Waste Line of Credit note, and retention of bond counsel for a fee of $5,000.00. Discussion occurred regarding the option of negotiating a two year extension. Mr. Sandy Minkoff, County Attorney, stated that the original commitment letter contains a requirement that the interest remain bank-qualified interest. He stated that, in order to keep the entire amount bank-qualified, a two step process would be required with one pledge being done toward the end of December and one pledge being done the first week in January to remain bank-qualified through 1997. He explained that sales tax could only be pledged once per year and that the Board would not have the ability to pledge the sales tax for any other type of debt instrument in 1997.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved a commitment letter from SunTrust for a one year extension of the note with the option to negotiate a two year extension, and retention of bond counsel for a fee of $5,000.00.

GRANTS/RESOLUTIONS/FEDERAL AGENCIES

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1996-174, creating the Lake County Law Enforcement Block Grant Advisory Board as required by the Local Law Enforcement Block Grant provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance.

CONTRACTS, LEASES & AGREEMENTS/PLANNING/SUBDIVISIONS

Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board to present the Settlement Agreement regarding Special Master File Number 14-96 for Franklin D. Longenbach and the Vistas Homeowners Association regarding a variance to allow construction of a community boat dock associated with the Vistas Subdivision. She stated that the Settlement Agreement allows Longenbach and the Vistas Homeowners Association to use the property for passive recreational uses to include a gazebo with conditions prohibiting parking vehicles, docks or piers, and requiring a ten (10) foot vegetative buffer. She stated that the gazebo shall not exceed three hundred (300) square feet and shall maintain a thirty-five (35) foot setback from the ordinary high water line unless a greater setback was required by the Department of Community Affairs, and a site plan shall be approved by the County Manager or designee prior to any recreational use.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved a Settlement Agreement regarding Special Master File Number 14-96 for Franklin D. Longenbach and the Vistas Homeowners Association.

REPORTS

COUNTY ATTORNEY

Mr. Sandy Minkoff, County Attorney, presented a request for approval of a Settlement Agreement between Lake County and William Heckler, in the amount of $10,000.00, which includes attorney fees.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved a Settlement Agreement between Lake County and William Hecker, in the amount of $10,000.00.

COMMISSIONER GERBER - DISTRICT NO. 1

APPOINTMENTS-RESIGNATIONS/STATE AGENCIES

Commr. Gerber presented a request for the Board to send a letter to the Governor recommending the appointment of John Arnold to the vacant position on the Green Swamp Land Authority.

Commr. Good requested that the appointment of Mr. Bill Rogers also be added to said recommendation.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to send a letter to the Governor recommending the appointments of Mr. John Arnold and Mr. Bill Rogers to the vacant position on the Green Swamp Land Authority.

COMMISSION HANSON - DISTRICT NO. 26

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Proclamation No. 1996-169 proclaiming the period of November 22 through November 28, 1996 as Farm-City Week in Lake County.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:40 p.m.

___________________________________

WELTON G. CADWELL, CHAIRMAN

______________________________

JAMES C. WATKINS, CLERK

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LAKE COUNTY VALUE ADJUSTMENT BOARD MEETING

NOVEMBER 26, 1996

The Lake County Value Adjustment Board met in regular session on Thursday, November 26, 1996, at 3:30 p.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman and Commr. Catherine C. Hanson. School Board members present were: Tom Chapman. Others present were Sanford "Sandy" Minkoff, County Attorney; Ed Havill, Property Appraiser; Frank Royce, Chief Deputy, Property Appraiser's Office; Ginger Casburn, Exemptions Supervisor; Property Appraiser's Office; and Toni M. Riggs, Deputy Clerk.

VALUE ADJUSTMENT BOARD

PETITION NO. 1996-291-L BERNARD J. BRADY

Mr. Ed Havill, Property Appraiser, explained that the petitioner had filed late for homestead.

Mr. Bernard J. Brady addressed the Board and stated that he had been diagnosed with cancer and was under a doctor's care, and therefore, he was unaware of the issue.

The Board reviewed a letter that had been submitted from the petitioner's physician.

Mr. Frank Royce, Chief Deputy, Property Appraiser's Office, explained that the trim notice was completed on August 24, 1996, and someone would have to file a petition within 30 days.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the VAB approved to hear the case.

Mr. Havill explained that his office had received a copy of an application from Volusia County showing that Mr. Brady had filed for homestead this year in Volusia County, and the application stated that he had been a resident of Volusia County since May, 1994. Mr. Havill stated that the homestead was not removed last year in Lake County, but Mr. Brady was denied homestead this year, because he signed the application in Volusia County in November, 1995.

Mr. Brady explained that he had been told by a Clerk in a Deland real estate office that there was no reason that he could not get homestead exemption on a condominium in Daytona Beach and keep his exemption in Lake County. Then he became ill and was unaware of any paperwork that was necessary to get homestead. Mr. Brady stated that Lake County was his primary residence, and he has proof that the application in Volusia County had been denied. It was noted that he has had homestead in Lake County since 1993.

Ms. Ginger Casburn, Exemptions Supervisor, stated that the counties exchange information, and when she checked the information and found that the petitioner had homestead in Volusia County, the Lake County Property Appraiser's Office took action and denied his request.

Commr. Hanson stated that the problem was one of confusion and miscommunication, but she did not see any extentuating circumstances for not having applied in a timely manner.

Mr. Brady explained that he had chemotherapy treatment for ten months, and he has no wife to handle his business.

Mr. Havill stated that he would have no objection if the Board approved the request.

Commr. Hanson made a motion, which was seconded by Mr. Chapman, to grant the homestead exemption.

Commr. Good stated that, based on the hardship and possible confusion that may have been caused by the chemotherapy, he would agree with the motion.

Mr. Sandy Minkoff, County Attorney, questioned whether it would be appropriate for the Property Appraiser's Office to get a copy of the denial from Volusia County.

Commr. Cadwell questioned whether Mr. Havill wanted to make the County Attorney's suggestion as part of the motion, and it was noted that the motion would stipulate that Mr. Brady would supply the information to Mr. Havill showing where he had been denied the homestead in Volusia County, and he would then be granted the homestead in Lake County.

Mr. Havill stated that a correction could be made so that Mr. Brady could get a four percent discount for the first month, if the information was supplied to his office tomorrow.

The Chairman called for a vote on the motion, with the stipulation as stated, and it was carried unanimously by a 4-0 vote.

PETITION NO. 1996-292-L CHEN CHONG

Mr. Ed Havill, Property Appraiser, noted that this was a late filing, and the Board would have to decide whether it was going to hear the case.

Ms. Chen Chong addressed the Board and explained that she was not able to speak English very well. She came to America two years ago and was recently divorced from her husband, and she has no other family here to help her.

Commr. Hanson made a motion, which was seconded by Mr. Chapman, for the VAB to approve to hear the case.

Under discussion, Commr. Cadwell stated that he was concerned that no real extenuating circumstances had been presented to hear the case.

Mr. Havill recommended that the VAB hear the case.

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

Mr. Havill explained that the petitioner bought her home in December of last year, and she did not file for homestead exemption until November 22, 1996. He noted that the deadline to file was March 1, 1996.

Ms. Chong explained that an American man, who was a realtor, did not tell her about filing for homestead.

Commr. Hanson noted that the VAB has had several similar cases on the lack of knowledge of the English language, and therefore, some confusion and education problems existed on the issue of homestead exemption. With consistency, she did not know how the Board could grant the exemption, but she felt that the VAB needed to be sure that the petitioner had the necessary information for next year.

Ms. Chong explained that she received her tax bill, and her teacher, who owns a house, explained it to her.

Mr. Havill stated that Ms. Chong qualifies for homestead next year, so her application can be used for next year.

On a motion by Commr. Hanson, seconded by Mr. Chapman and carried unanimously by a 4-0 vote, the VAB upheld the recommendation of the Property Appraiser and denied the request for homestead exemption, based on the lack of extentuating circumstances to overturn the recommendation.

Mr. Minkoff noted that there were approximately ten other cases that had been scheduled for today, but they had been withdrawn.

There being no further business to be brought to the attention of the VAB, the meeting recessed, until further notice, at 3:55 p.m.

WELTON G. CADWELL, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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