A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 25, 1997

The Lake County Board of County Commissioners met in regular session on Tuesday, November 25, 1997, 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: William "Bill" H. Good, Chairman; G. Richard Swartz, Jr., Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.

Commr. Cadwell gave the invocation and led the Pledge of Allegiance.

AGENDA UPDATE

STATE AGENCIES/SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, requested that an item regarding Citrus Sun Club be placed on the agenda for discussion and action by the Board. He stated that the State of Florida Department of Business and Professional Regulation has asked that the County join them as a plaintiff in a lawsuit.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the item regarding Citrus Sun Club, as requested by the County Attorney.

MORGUE/COUNTY PROPERTY

Ms. Sue Whittle, County Manager, requested that an item regarding a proposed morgue site be placed on the agenda, under the County Manager's business, for discussion and direction by the Board.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the item regarding a proposed morgue site, as requested by the County Manager.

RESOLUTIONS

Commr. Gerber requested that Tab 34 regarding the Leesburg Kiwanis be moved forward, under her items of business, because she would be leaving early today.

COMMUNITY SERVICES/LIBRARIES

Commr. Cadwell requested that Tab 13 regarding the Annual Plan of Service and Combined Budget for the Lake County Library System be pulled from the consent agenda and placed on the agenda for discussion. He stated that, with this item, he had another item regarding libraries that would require Board action.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to place Tab 13 on the regular agenda for discussion, as requested.

COMMITTEES

Commr. Cadwell stated that, under his reports, he would like to present a recommendation from the Industrial Development Authority (IDA).

PUBLIC WORKS/ACCOUNTS ALLOWED/SUBDIVISIONS

Ms. Sue Whittle, County Manager, requested that Tab 20 regarding the Final Plat for Eventing Acres Subdivision be withdrawn. It will be rescheduled for some time in December.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved Tabs 3 through 25 for the following requests, with the exception of Tab 20, which had been withdrawn, and with the exception of Tab 13, which had been pulled for discussion:

Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants

Request for approval and execution of Agreement between Lake County and The Health and Human Services Foundation, Inc., on behalf of the Family Services Planning Team (FSPT) for their Parent Liaison for Lake program, and approval to encumber and expend $3,120.00 for grant funding retroactive to October 1, 1997 to run through September 30, 1998.



Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants



Request for approval and execution of Agreement between Lake County and Reach Ministries for their Kids Club program, and approval to encumber and expend $10,000.00 for grant funding retroactive to October 1, 1997 to run through September 30, 1998.



Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants



Request for approval and execution of Agreement between Lake County and Mid-Florida Community Services, Inc., on behalf of the Kids on the Block Puppeteer project, and approval to encumber and expend $2,500.00 for grant funding retroactive to October 1, 1997 to run through September 30, 1998.



Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants



Request for approval and execution of Agreement between Lake County and Lake County Schools on behalf of South Lake High School for their ACE program, and approval to encumber and expend $10,116.00 for grant funding retroactive to October 1, 1997 to run through September 30, 1998.



Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants



Request for approval and execution of Agreement between Lake County and Withlacoochee Workforce Development Authority, Inc. (WWDA) for Big Brothers Big Sisters, and approval to encumber and expend $12,500.00 grant funding retroactive to October 1, 1997 to run through September 30, 1998.



Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants



Request for approval and execution of Agreement between Lake County and The Educational Foundation of Lake County, Inc., on behalf of the Men of Distinction for their Early Intervention Youth Center program, and approval to encumber and expend $12,500.00 for grant funding retroactive to October 1, 1997 to run through September 30, 1998.





Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants



Request for approval and execution of Agreement between Lake County and The Montessori N.E.S.T. and Children's House, Inc, for their collaborative program, and approval to encumber and expend $20,000.00 for grant funding retroactive to October 1, 1997 to run through September 30, 1998.



Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants



Request for approval and execution of Agreement between Lake County and Our Small Children at Risk Foundation (OSCAR) for their family support program, and approval to encumber and expend $10,000.00 for grant funding retroactive to October 1, 1997 to run through September 30, 1998.



Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants



Request for approval and execution of Agreement between Lake County and Children's Home Society of Florida for their collaboration program, and approval to encumber and expend $40,000.00 for grant funding retroactive to October 1, 1997 to run through September 30, 1998.



Accounts Allowed/Contracts, Leases & Agreements/Community Services/Grants



Request for approval and execution of Agreement between Lake County and Childhood Development Services, Inc., for their Subsidized Child Care ($25,000) and Challenge Grant ($10,000) programs, and approval to encumber and expend the $35,000.00 for funding retroactive to October 1, 1997 to run through September 30, 1998.



Accounts Allowed/Contracts, Leases & Agreements/Economic Development



Request for approval and execution of Jobs Growth Investment Trust Fund Agreement between Lake County and Lester Coggins Trucking, Inc., in an amount not to exceed $66,000.



Accounts Allowed/Contracts, Leases & Agreements/Economic Development



Request for approval and execution of Jobs Growth Investment Trust Fund Agreement between Lake County and TruStone Florida, Inc, in an amount not to exceed $82,500.



Contracts, Leases & Agreements/Economic Development



Request for approval and execution of Impact Fee Deferral Agreement between Lake County and TruStone Florida, Inc., for the deferral of payment of the transportation impact fees.



County Property/Facilities & Capital Improvements



Request for approval to dispose of surplus furniture and equipment.



County Policy/Personnel



Request for approval of the deletion of five policies replaced by the Lake County Board of County Commissioners Personnel Policies and Practices Employee Manual October 15, 1997.



Public Works/Ordinances



Request for approval to advertise an Ordinance amending the Road Impact Fee Code.



Accounts Allowed/Bids/Road Projects



Request for approval and execution of Change Order No. 1 to Countywide Sidewalk Project No. 2-97, Bid No. 97-104, to construct a sidewalk on Main Street in Leesburg in the amount of $22,452.20 from the Transportation Trust Fund - Commissioner District 1.



Accounts Allowed/Bids/Road Projects



Request for approval to award Lake Harris Shores Reconstructing and Resurfacing (Phase I) Project No. 9-97, Bid No. 98-009, to Gray Materials & Contracting, Inc., and to encumber and expend funds in the amount of $233,530.00 from the Transportation Trust Fund - Commissioner District 3.





Deeds/Rights-of-Way, Roads & Easements



Request for acceptance of Statutory Warranty Deeds and Temporary Non-Exclusive Easement Deeds.



Contracts, Leases & Agreements/Purchasing



Request for approval and execution of Agreement between Lake County and Tindale-Oliver and Associates, Inc., for professional consulting services to provide a Lake County Transit Development Plan, pending the County Attorney's review and approval. Funding will be from Account #112.50055100.541.8300310 (County Transportation Trust Fund, Department of Public Works, Engineering, Professional Services.)



Resolutions/Solid Waste



Request for approval and execution of Resolution amending Resolution 1997-168 adopting fee schedules for Fiscal Year 1997-1998, including services provided by the Department of Solid Waste Management Services.



CLERK OF COURTS' CONSENT AGENDA



Budget Adjustments for FY 97/98.



A. Transfers:



1. Fund: General

Department: Non-Departmental

From: Contingency $35,000

To: Ad Valorem Taxes to Cities $35,000

Transfer #: 98-040



Justification: Due to increases in taxable values of the Cities Redevelopment districts, a transfer from contingency is needed to cover the payments for FY 97/98.



2. Fund: Sales Tax Capital Projects

Department: Facilities and Capital Improvements

From: Buildings $182,400

To: Several $182,400

Transfer #: 98-041



Justification: Due to unexpected delays, it is necessary to transfer funds for the County Administration Building, Historic Courthouse, Sheriff's Administration Building and Central Energy Plant for completion of these projects. Funds are available within the 301 fund until the excess cash carried forward becomes available at mid year 1998.



INFORMATIONAL



The following vested rights determinations have been issued:



Vested Rights Determination Regarding the West of Tract 39, Groveland Farms Subdivision, in Section 35, Township 22 South, Range 24 East



Lake County will not deny the owner of the West of Tract 39, Groveland Farms Subdivision, in Section 35, Township 22 South, Range 24 East, as recorded in Plat Book 2, Pages 10 and 11, the opportunity to continue development of the property as a residential lot in the Agricultural Zoning District, provided:



1. The owner executes and records a Notice of Special Assessment for Road Improvements, and records this vested rights determination in the Public Records of Lake County, Florida, within three (3) months from the date of this vested rights determination;



2. The owner executes and records deed restrictions within three (3) months from the date of this vested rights determination, obligating the property owner(s), and releasing Lake County from any obligation to maintain the roadway between Tracts 22 and 27, and Tracts 23 and 26, Groveland Farms Subdivision, in Section 35, Township 22 South, Range 24 East, as recorded in Plat Book 2, Pages 10 and 11; and



3. A building permit for a residence is obtained within two (2) years from the date of this vested rights determination and the building permit does not expire.



Vested Rights Determination Regarding Property Described in the Warranty Deed Recorded in Deed Book 357, Page 264



Lake County will not deny the owner(s) of each lot identified above, being Lots 1 through 5, acting in good faith, the right to develop each lot as a buildable residential lot provided, within three (3) months from the date of this vested rights determination:



1. This vested rights determination is recorded in the public records of Lake County, Florida;



2. The West 350 feet of the East 4,443.5 feet of the South of Section 23, Township 19 South, Range 25 East, lying North of the right-of-way of the S.C.L. Railroad, is dedicated as an easement for ingress and egress, and deed restrictions, obligating the property owners and releasing the County from any obligation are recorded in the Public Records of Lake County, Florida; and



3. A fifty foot (50') wide ingress and egress easement, being twenty-five feet (25') on either side of the following described line, is dedicated to the property owners and deed restrictions, obligating the property owners and releasing the County from any obligations are recorded in the Public Records of Lake County, Florida.



From a point on the Mid-Section line that is 4,093.50 feet West of the East line of Section 23, Township 19 South, Range 25 East, run South 0 degrees 21'12" West to the Southerly right-of-way of the S.C.L. Railroad, run thence South 0 degrees 21'12" West 235 feet to the point of beginning, thence North 83 degrees 25'05" West 241.42 feet, thence North 0 degrees 21'12" East to the Southerly right-of-way of the S.C.L. Railroad.



PUBLIC HEARINGS

ROAD VACATIONS

PETITION NO. 855 - THOMAS G. JONES, PRESIDENT

STRATFORD HOMES, INC. - CLERMONT AREA



Mr. Jim Stivender, Sr. Director, Public Works, stated that this was a request to vacate some very small pieces of easements in Woodridge in south Lake County. Mr. Stivender stated that staff was recommending approval of the request.

Commr. Good opened the public hearing portion of the meeting and called for public comment.

Mr. Larry Toler, Stratford Homes, addressed the Board and stated that he was here today to answer any questions of the Board.

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

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for Road Vacation Petition No. 855 by Thomas G. Jones, President, Stratford Homes, Inc., to vacate utility easements, Woodridge, Phase 1, Sec. 26, Twp. 24, Rge. 26, nearest town, Clermont - Commissioner District 2.



REPORTS - COMMISSIONER GERBER - DISTRICT #1

RESOLUTIONS

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1997-210 congratulating Leesburg Kiwanis on their 75th Anniversary.

FOR YOUR INFORMATION

Laws and Legislation

Commr. Good presented to the Board members the Florida Association of Counties 1998 Proposed Legislative Program.

Laws and Legislation/Libraries/Grants/Budgets

Commr. Good presented to the Board members a copy of the Lake County Library System Legislative Position on Library Construction Grants. He stated that the Lake County Library System requests that the Legislative Delegation support the Library Construction Grant Program by encouraging the inclusion of the full list of 17 projects in the 1998-1999 State Budget for an appropriations amount of $6,018,535. Commr. Good requested that this item be added to the Legislative packet.

Ms. Wendy Breeden, Library Services Manager, addressed the Board and stated that there are 17 eligible projects that can be funded, and Lake County has three of those projects including the last ranked one, City of Umatilla. She noted that the State usually funds in the order that the projects have been ranked, and that was why staff was requesting funding for the full package.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to place the library item, as stated above, on the agenda.

PUBLIC HEARINGS

REZONING

PETITION CUP#97/11/2-2 - JAMES & BRISTO MCGREGOR

TRACKING NO. 79-97-CUP



Ms. Sharon Farrell, Sr. Director, Department of Growth Management, stated that staff was recommending approval of the request for the placement of a mobile home on site for a temporary living facility for the care of an infirm relative. Ms. Farrell noted that there was a letter in the backup material from the physician. She stated that it would be located on a one and one-half acre lot versus five acres, and staff was confident that they will be able to do a lot line adjustment to address the zoning question. Staff will then get verification from Environmental Health that they will be able to get a second septic tank on the site. She stated that they will be subject to the annual inspection, and there was no opposition to the request. Ms. Farrell stated that, on Page 6 of the Staff Report, the Planning and Zoning Commission approved the request 8 to 0; however, they added that the fire requirements be waived. She stated that this issue would actually be addressed during the building inspection through the permitting process, as noted in Section D.

Commr. Good opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

The aerial map was submitted to the Deputy Clerk and marked as Exhibit "A" for the County.

On a motion by Commr. Cadwell, 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 the request for a Conditional Use Permit (CUP) in A (Agriculture) for the placement of a mobile home on site for a temporary living facility for the care of an infirm relative, Ordinance 1997-84.

Mr. McGregor, the applicant, extended his appreciation to the Board and staff for its help in this situation.

PETITION NO. CUP #97/11/1-5 - THOMAS ELMORE & JOAN WEED

TRACKING NO. 80-97-CUP



Ms. Sharon Farrell, Sr. Director, Department of Growth Management, stated that staff was recommending approval of the request for a CUP in RM (Mobile Home Residential) for construction of a single-family residence. Ms. Farrell stated that this was the fourth CUP in this particular subdivision that has been presented to the Board. She noted that, about a year ago, staff brought forward a workshop on placing single-family homes in RM zoning districts, and the Board's direction was to continue with these as CUPs. She stated that there really are no negatives to placing site built homes in the RM district.

Discussion occurred regarding the rezoning of an entire parcel to RM, with Commr. Hanson stating that, if the people in this particular subdivision could get signatures of those that would like to have it zoned, they would not have to keep coming back one at time and paying the fees.

Ms. Farrell stated that staff wanted to waive the annual inspection fee, as noted in the proposed Ordinance.

Commr. Good opened the public hearing portion of the meeting and called for public comment.

Mr. Earl Watkins, representing Modern Homes, addressed the Board and stated that he has talked to most of the homeowners in the subdivision, and he will be coming back with a petition to rezone the area to R-7 or R-8.

Commr. Hanson stated that, if this is done by Mr. Watkins, he may want to request that the fees be waived at the same time.

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

A site plan was submitted to the Deputy Clerk, which was marked as Exhibit "A" for the County.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in RM (Mobile Home Residential) for construction of a single-family residence, and Ordinance 1997-85 that allows for no annual inspection.

PETITION NO. 52-97-2 - STEPHEN & PATRICIA KOZACHYN

TRACKING NO. 81-97-CFD



Ms. Sharon Farrell, Sr. Director, Department of Growth Management, stated that staff was recommending approval of the request for rezoning from A (Agriculture) to CFD (Community Facility District) for construction and operation of a day care facility. Ms. Farrell stated that the request involves 11.82 acres as shown on the 1994 aerial map; the road frontage area is cleared for development; and it is in the urban expansion land use category. It will be on an individual well and septic tank, and they will be subject to all site plan review and approval. She noted the subdivisions located in the vicinity and stated that there will be a need for child care facilities in the area. There was no opposition, and there was one letter of concern as far as road traffic and impact, and those will be addressed during site plan review. Ms. Farrell directed the Board's attention to the Ordinance, Page 2, which dealt with the operation of the facility, and noted that the Planning and Zoning Commission had approved the request 8 to 0.

A conceptual design of the facility, which had been presented to staff, was submitted to the Deputy Clerk and marked as Exhibit "A" for the County.

Commr. Gerber questioned whether the applicant had been informed of the impact fee waiver program for day care facilities.

Ms. Farrell stated that the impact fee issue would be discussed during the site plan review and approval. She directed the Board's attention to Page 3 of the Staff Report, which addressed the environmental concerns, and stated that there appeared to be plenty of open area along C-455, and staff did not contemplate any concerns.

Commr. Good opened the public hearing portion of the meeting and called for public comment.

Ms. Cindy Winkle, applicant, addressed the Board and stated that she would be the owner/operator of the proposed facility. She has been working on the project for several years and she could definitely speak for the need of this type of facility in south Lake County. She had with her some newspaper articles addressing this very need. Ms. Winkle stated that there were two tracts to the property. Tthe rear tract has been designated as Flood Zone A and has wetlands, and they were being delineated, so that they can prepare for the site plan process. They have no intention of developing the whole parcel, but it had to be purchased together. They will only be developing the very front of the front tract. They will be serving a total capacity of 150 children ranging from infants to 12 years old. Ms. Winkle stated that they were very interested in knowing more about the impact fee waiver.

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

Commr. Hanson made a motion, which was seconded by Commr. Gerber, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agriculture) to CFD (Community Facility District) for construction and operation of a day care facility, Ordinance 1997-86.

Under discussion, Commr. Swartz stated that one of the letters in the backup material did express some valid concerns about some of the rural County roads, and he asked that the Board acknowledge the comments of Mrs. Raymond F. Grimes. He stated that one of the actions taken by the Board at the last zoning meeting was to instruct staff to come back with some recommendations on the level of service on County roads.

Staff submitted the aerial map and the Deputy Clerk marked it as Exhibit "B" for the County, and staff submitted the blueprint prepared by Barry R. Crighton, General Contractor and the Deputy Clerk marked it has Exhibit "C" for the County.

The Chairman called for a vote on the motion, and it was carried by a 5-0 vote.

PETITION NO. 53-97-4 - ASTOR FOREST CAMPSITES/COUNTY-INITIATED

LAKE CO. BOARD OF COUNTY COMMISSIONERS/TRACKING NO. 82-97-Z



Ms. Sharon Farrell, Sr. Director, Department of Growth Management, stated that this was a County initiated request for rezoning the unrecorded plat of Astor Forest Campsites from A (Agriculture), R-6 (Urban Residential), and R-7 (Mixed Residential). Ms. Farrell noted that the Board was very familiar with the historical patterns and history of this area. She stated that this was the first reading, and the second reading would be December 16, 1997. Staff was recommending approval of the change to R-7 to address the concerns in this area, including the mobile home count issue, and it was consistent with the character of the area.

Commr. Good opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

The aerial map was submitted and marked by the Deputy Clerk as Exhibit "A" for the County, and the site plan for Astor Forest Campsites was marked as Exhibit "B" for the County.

Commr. Hanson stated that this was an item that was brought forward because of particular problems in Astor, and she appreciated staff working with the people in this area and finding a solution.

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 the request for rezoning the unrecorded plat of Astor Forest Campsites from A (Agriculture), R-6 (Urban Residential), to R-7 (Mixed Residential), with the second reading to be held on December 16, 1997.

PETITION NO. 46-97-2 - RICHARD & GLORIA OSWALT

TRACKING NO. 76-97-Z



Ms. Sharon Farrell, Sr. Director, Department of Growth Management, stated that the applicants were here today to discuss the request for rezoning from PUD (Planned Unit Development) to R-4 (Medium Suburban Residential) for single family residential development. Ms. Farrell stated that they were here to correct a piece of property that was cut out of a larger PUD that was annexed into the City of Clermont. They requested R-4 zoning and the Planning and Zoning Commission (P & Z) recommended R-3 zoning, and the applicants were comfortable with that recommendation. It is in the urban expansion land use category and will be provided central water, and it will be on septic tanks, however, the density in the City of Clermont is over five units per acre. Ms. Farrell stated that the R-3 zoning in the County will get less units per acre than if they were to annex into the City. Staff was recommending approval to the R-3 zoning, and they did have enough points to get over four units per acre, but because they are in urban expansion, they will be capped out at the four. They will go through a complete preliminary plat and final plat review at the Development Review Staff (DRS) level. In the backup, the Ordinance specifically addresses access management, and on Page 2, it requires a traffic study, and they are aware that a frontage road may be required, or cross access easements, to address some of the traffic concerns. It also gets more specific than other straight zoning ordinances as far as submittal requirements, and staff is comfortable with the R-3 zoning. Ms. Farrell stated that it is unique, because it is a left over piece of a PUD that was annexed into a municipality.

Commr. Good opened the public hearing portion of the meeting and called for public comment.

Mr. Steve Richey, Attorney representing the appicants, addressed the Board and presented a brief history of the property by noting that the property was originally zoned R-1-7, with a preliminary plat being approved, and it ended up being zoned as a PUD with the County, with no uses being approved. After going through the point system with the County, it was determined that the property would meet almost 4.5 units per acre. Mr. Richey filed a zoning application to R-4, and P & Z indicated that, based on the adjacent properties, the R-3 was a better and more compatible zoning, and the applicants had no problem with the recommendation. Mr. Richey stated that the property is surrounded by different kinds of zoning, which he reviewed with the Board. He stated that some of the neighbors came to the P & Z meeing and expressed their concerns with regard to this property, the access to the property, and how it was going to develop. He met with them and went back and did a development plan and asked staff to advertise this as an amendment to the PUD, or as R-3, which is before the Board today. They did a preliminary development plan with 143 lots, and they reconfigured the access. He noted the changes on a "Location Map" and explained the concerns that had been expressed by Mrs. Zagame, as well as how they were going to utilize the lake front and access. The applicants entered into an Agreement with the neighbors, which says that they will be allowed, with the County's consent, to develop 143 lots on the property in the configuration and access shown on the plan. It requires them to have almost 17 percent open space, which would not be required with straight zoning, and it will limit the utilization of the water to the existing dock and have no improvements there. He stated that they would have a walkway that will be jointly constructed between the developer and the neighbors, and no vehicular traffic will be allowed there. They limited the size of the houses to 1,500 square feet, and they have agreed to comply with the R-3 zoning. Mr. Richey explained that they put the County in the Agreement as a third party beneficiary, which allows the County to enforce the Agreement just as the neighbors do. Because of another concern expressed by Mrs. Zagame, the Agreement will adjust the line to Lake Louisa Road and provide her with her front yard as part of a purchase that she will be making, and as part of the development of this property. The plan will allow for a 25 foot buffer around the property as it exists between the developed property, and it does not show a buffer for the undeveloped parcels that are zoned, but they will be maintaining open space and buffer against the existing houses, which is in the Agreement. There will be limited parking and utilization to the current dock and beach, which is also a part of the Agreement. Mr. Richey represented to the neighbors and P & Z that they anticipate the houses to be in the $200,000 range. He included in the Agreement, because there will be 143 houses on septic tanks and they will be across from the Green Swamp, a requirement for a Restrictive Covenant in their declarations that includes the Green Swamp three year requirement of septic tanks. It precludes any further subdividing of these lots. Mr. Richey submitted a copy of the Agreement Between Richard E. Oswalt and Gloria L. Oswalt, and Joseph E. Zagame and Jane Zagame, E. Tyson Matlack, III, and Sandra Matlack, which was marked by the Deputy Clerk as Exhibit "A" for the Applicant, and the Location Map of Lake Louisa Highlands was marked as Exhibit "B" for the Applicant.

Discussion occurred regarding the septic system, and Mr. Richey noted that language was included on Page 3, (9) of the Agreement to deal with this issue. It was noted that central water by Utilities, Inc., is available to serve the project.

Ms. Jane Zagame stated that she and Ms. Sandra Matlack are most affected by the development. When the request went before the P & Z, they were concerned about what would be developed right behind their homes, so she appreciated Mr. Richey's spirit of cooperation. They felt very strongly about the Board voting in favor of the request, because the project would keep the neighborhood compatible. Ms. Zagame stated that she was more comfortable with this plan than putting it in the City of Clermont, and she would like to recommend that the Board approve the request for the R-3 zoning, with the Agreement.

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

. Ms. Farrell stated that there is not a minimum lot size in R-3 zoning, and it will allow three units to the acre.

Mr. Richey noted that they can only develop a minimum of 143 units based on the Agreement with the neighbors.

Commr. Good questioned, if this is not annexed into the City, and it is approved by the County today, what would it take after the homes are built, to get into the City.

Mr. Sandy Minkoff, County Attorney, stated that there are two types of annexation, one would be voluntary, so that the owner of any lot that is contiguous to the City could annex; the other would be an involuntary annexation where an election would be held inside the City and in this area and would have to pass in both areas.

Mr. Richey stated that the Agreement would not be voided by annexation into the City of Clermont, if the Board chose to pass the zoning today.

Commr. Gerber questioned the County's enforceability of the Agreement, such as the enforcement of the septic tank requirements, which are not in the County's Ordinance.

Mr. Minkoff stated that the Agreement does provide that the County be the third party beneficiary of the Agreement, and legally, the County has standing to enforce it. Normally the County would not attempt to enforce individual restrictive covenants. The County's codes do not require that the septic tank be inspected every year, or be pumped out every three years, in this area. The covenant would create a private contract that would require this to be done, and the County would not enforce that contract. He would recommend that the County not do this and that Mrs. Zagame and the other individual, who would be parties to the agreement, be the primary beneficiaries who would see that it was enforced. The Agreement does provide that the County is a third party beneficiary, which gives the County a legal right to go to court to enforce it. Mr. Minkoff explained that currently there is no provision in the codes to allow a developer's agreement. There is a Florida Statute that lets the County set up a procedure to do this with public hearings, but it has not been implemented by Lake County. In straight zoning, the Board should not be adding additional requirements.

Commr. Swartz stated that he hoped that staff, the County Attorney's Office, and the County Manager would bring back the Florida Statute that allows some other procedure, because the Board was increasingly confronting these types of issues, with straight zoning, as it varies with other things the County can do, for example, in a PUD. He further stated that the Board needs to find language that it can begin to include in the development approvals that can keep a land use that was approved, from suddenly not being there, and staff needs to look at this issue as well.

Ms. Farrell stated that, in regards to the fire coverage, the issue has not been addressed for the purpose of the public hearing, but it will be during development review. As far as the Ordinance, it has a reference that it will meet all of the current Lake County codes.

Mr. Richey stated that they anticipate Utilities Inc., providing fire flows as part of their water system, and if they do not, they are prepared to meet all necessary requirements, with sprinklers being an alternative.

Commr. Swartz stated that the Board needed to be aware that the level of service for fire protection in this area is the same as it is next door to the City of Clermont.

Staff submitted a map of the City of Clermont and it was marked as Exhibit "A" for the County, and the site plan for Richey/Oswalt was submitted and marked as Exhibit "B" for the County.

Commr. Cadwell made a motion, which was seconded by Commr. Gerber, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from PUD (Planned Unit Development) to R-3 (Medium Residential) for single family residential development.

Under discussion, Commr. Swartz urged staff and the County Manager to bring back those two issues as soon as possible. He was going to vote for this request given the Agreement and the PUD likeness that was achieved.

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

RECESS & REASSEMBLY

At 10:03 a.m., the Chairman announced that the Board would receive for ten minutes.

PETITION NO. 47-97-4 - EUGENE & KAY HILL - TRACKING NO. 78-97-PUD

Mr. Jeff Richardson, Planner II, Development Regulations Services, addressed the Board to discuss the request for rezoning from AR (Agriculture Residential) and R-1 (Rural Residential) to PUD (Planned Unit Development) for construction of a residential single family development, in the Sorrento area. Mr. Richardson stated that the Development Review Staff (DRS) has looked at a preliminary development plan for the project, and the Public Works, Environmental Management and Planning and Development staff have all rendered comments with regard to the project. He noted that the project will involve a total of 116 dwelling units, and under the current AR and R-1 zoning, they will be able to develop approximately 109 lots. Mr. Richardson reviewed the terms and conditions, as set forth in the proposed Ordinance, and noted that the Planning and Zoning Commission recommended approval of the request by a 5 to 3 vote. He noted that there are ten letters, and a petition with 119 signatures, in opposition to the request.

Commr. Good opened the public hearing portion of the meeting and called for public comment.

Ms. Leslie Campione was present in behalf of Eugene and Kay Hill, owners of the property, and Dr. Eric Coe, who has contracted to purchase the property. Ms. Campione addressed the Board and stated that the DRS suggested that the applicants go to one entrance as opposed to two entrances, and the preliminary layout plan and proposed Ordinance incorporate this comment, as well as others they received at the DRS meeting. Ms. Campione stated that there have been concerns expressed about the subdivision being proposed, and she reiterated that the property was zoned in 1990 for 106 acres in R-1, and ten acres in AR. She stated that the ten acres is located on the south 250 feet of the property, so there will be five lots that actually front on Wolf Branch Road, and the one acre lots will be to the north. Ms. Campione stated that the applicants are requesting 116 units, which would be five more units than what is allowed under the current zoning. They developed a plan, with the help of Mr. Randall Arendt, Vice President, Conservation Programs, National Lands Trust, and it was taken to Walling Engineering in Leesburg. Ms. Campione stated that the focal point of the subdivision is the 12 acre oak park that is located in the center of property where they are proposing 19,000 square feet of active recreational area. She stated that the central well will allow them to address the fire department's concerns, as well as address the potable water supply. They will be required to undergo more stringent permitting requirements, because of the proximity to the Wekiva and being in the urban compact node. Ms. Campione stated that there will be 174 trees planted in the open space, and they asked for the tree credit, because the developer wants to put larger trees in the entrance of the subdivision for a greater visual impact. In order to address the concerns of the neighbors to the northeast corner of the property (the Bradshaws), they have proposed a tree buffer that will start at the northeast corner and run south 250 feet. They also met with Mr. Tisdale who is very pleased with the setback off of Wolf Branch Road. Ms. Campione stated that they compared the additional trips that this proposal will generate, as opposed to straight zoning, and she felt that the impacts will be minimal. She stated that the neighbors directly adjacent to the property are in support of the subdivision. The colored map depicting the proposed subdivision (drawn in greens and yellows) was submitted and marked by the Deputy Clerk as Exhibit "A" for the Applicant. Ms. Campione called Mr. Bennett Walling, Walling Engineering, to present testimony on the traffic issues.

Mr. Bennett Walling, Walling Engineering, addressed the Board and reviewed information he had gotten from the ITE manual, and stated, for the record, that the average daily trip count for a subdivision of this nature is about 9.55 trips per residence.

Ms. Campione called Mr. Keith Shamrock to testify in behalf of the applicants.

Mr. Keith Shamrock, Shamrock Homes, testified that there have been questions about making the lots larger but, because of his experience in this business, consideration needed to be given to the question of how long it was going to take to get a return on your investment. Mr. Shamrock stated that he built the Hills of Mount Dora, and in two years, the community was sold out. He noted that some of the people here today objected to the Hills of Mount Dora, too. Mr. Shamrock discussed the lot sizes, in relation to what sells and what people want, and stated that Mr. Arendt developed a concept that gives people the opportunity to have a rural setting; it maintains the integrity of the property by having a lot of parks and green area; and it gives people in the area an opportunity to maintain their physical fitness. Mr. Shamrock stated that building the property into one or two acre lots may be a pattern for future developments in this particular community.

Ms. Campione requested the right for rebuttal testimony.

Mr. George Fuller stated that he has lived on Wolf Branch Road for eight years, and he could not find any similar projects on Wolf Branch Road that allow three homes per acre. Mr. Fuller stated that he lives about 500 to 600 feet from the area in question on an acre of property, and he values the beauty along Wolf Branch Road

Ms. Campione clarified that the request would allow one unit per acre, because the open space is contributed to each of the lots.

Mr. James Hope stated that he built a house about a year ago on Wolf Branch Road, and the inducement to living in this area is the character of the area. He explained that his relatives have now bought lots in the area and they, in turn, have induced many others. Mr. Hope stated that it would be incorrect to say the traffic impact on the road would be minimal. He stated that the developer knew he was going to derive a certain profit from his original plan, and the only reason to change the plan, at this point, would be to increase profit. He stated that clustering means cramming, and an alternative subdivision was just a way of saying we were not going to do things that would normally be done to preserve the character of the area. Mr. Hope noted that he lives on a one acre lot, and all of his relatives own one acre lots.

Ms. Campione explained that, in order to get development approval on the plat, they have to pass a concurrency management test.

Ms. Leanna Delaportas stated that she lives almost directly across from the property in question, and she and her family bought six acres in this area about two and one-half years ago, because of the atmosphere, and they have horses. She stated that there are three or four other subdivisions on the road that are not full, so why bring more congestion to the area. She has trouble now getting out of her driveway onto Wolf Branch Road.

Ms. Gayle Patterson stated that she lives in Wolf Branch Village on an acre lot. Her parents live next door on an acre lot, and her grandmother and her sister each own an acre lot. Ms. Patterson stated that they moved here from south Florida, and it would spoil the look of the road if a development was built off of it. She stated that there are plenty of other developments where people can live, and she is not opposed to one house on one acre, but she is opposed to three houses on one acre. She stated that the traffic is going to increase, and with that many more children coming to the area, it will make things worse. Ms. Patterson stated that, even though many of the people live down the road, it does affect them. She was extremely opposed to the request, and to the clustering of homes. She liked the concept of the proposal, but she wanted to see one unit per acre and more open space to make it more compatible with the rest of the subdivisions on Wolf Branch Road.

Mr. Ali Nemazie, President of the Wolf Branch Villages Association, stated that, from a developer's point of view, the project being proposed was a developer's dream come true. He stated that, in 1988, when he bought property and was looking at possibilities of developing it, he approached the Planning and Zoning Commission for one-half acre lots on Wolf Branch Road and, at that time, it was indicated to him pretty strongly that the County did not want to see Wolf Branch Road with the density he had in mind. He does not see that Wolf Branch Road has changed any; the lanes on the road have not increased, but traffic has increased; and there were concerns about fire protection and the wells, and the water connections and drainage problems. So he changed his plans to incorporate one acre home sites. Mr. Nemazie stated that he strongly objects to clustering, and he was willing to go along with a plan for one acre sites. Mr. Nemazie stated that the people in the Homeowner's Association wanted the rural area and a country lifestyle, and he requested that these be considered when the Board made its decision.

Ms. Dueane Mahoney stated that this was her second year in Wolf Branch Village. She used to live in New York, and in Orlando, and she knows about clustering. She discussed the preliminary layout plan, as compared to the drawing prepared by staff, and stated that the applicants should be willing to compromise and perhaps build two units per acre.

Mr. Egor Emery stated that he owns a house on Robert Road, and he has lived there since 1986. Two years ago he and his family moved to a larger house on an acre of land, and he loves the wide open space on Wolf Branch Road. He applauded the Board for looking at ways to provide open space in this area and still allow homeowners to be there. He extended his appreciation for allowing some innovative ideas to come forward, and he hoped that the Board considered developments like this in the future.

Mr. John Schallert, a homeowner in Wolf Branch Estates, addressed the Board and stated that he had a petition to submit to the Board with 169 signatures. The Deputy Clerk marked the petition as Exhibit "A" for the Opposition. He explained that the petition consisted of signatures from those citizens around the community. Mr. Schallert stated that the people were asking the Board not to approve the PUD in this present form, and they have two solutions to offer to the Board. He stated that they do not believe the PUD, in its current state, conforms to the language in the Comprehensive Plan. They understand that the land falls into the Mount Plymouth/Sorrento urban compact node, but given the rural nature of this property, it should not be in this node, and the area being discussed on Wolf Branch Road does not compare to the areas being talked about in Sorrento off of Orange Avenue. Mr. Schallert stated that the homes would not be consistent with those in the area, and he disagrees with the Growth Management report that the proposed rezoning places no adverse impact to the surrounding property values, and the proposed rezoning is consistent with the surrounding land uses and development trends. By rezoning the PUD in its current state, it will set a very bad precedent for this area. He reviewed information in the backup material consisting of past Board minutes, which showed other times a request had been before the Planning and Zoning Commission and the Board regarding this property, and noted that the Board approved 2 1/4 acre lots on the south 225 feet in AR zoning, with the balance of the property being zoned to RR (BCC Minutes - 3-20-90). Mr. Schallert discussed the outline of the development marked with orange and blue markers that was prepared by Mr. Mark Knight, Chief Planner, Planning Development Services. He stated that the 5-3 vote by the Planning and Zoning Commission was not a mandate for change, and he disagreed with Mr. Arendt's assessment of the plan. Mr. Schallert presented the following two suggestions from the people in the area and asked that the Board consider the opinion of the majority of the people in the area before making its decision:

1. Keep the zoning as it is and let the developer develop the land under the current zoning;



2. If the Board wants the control of a PUD, then they ask that the Board tell the developer that all of the lots must be a minimum of one acre; and the minimum square footage on the homes will be at least 2,000 square feet, which would make them conducive to the area; no common or open space will be assembled to each lot as suggested by Ms. Campione; and that the developer plan the trees to be in the open space of the PUD.



The drawing prepared by Mr. Mark Knight, Chief Planner, Planning and Development Services, was submitted and marked by the Deputy Clerk as Exhibit "A" for the County.

Mr. Patricia Hart stated that she lives in Wolf Branch Village on two acres, and the people have purchased their properties in this area with the intent to live on their entire acreage. She stated that there was nothing that could keep her from building two more houses on her acreage for her daughters, and she was petitioning the Board to look more earnestly into this proposal, because the homes in this area need to conform to the rest of the homes on Wolf Branch Road.

Mr. Bob Chubboy stated that he lives in Saratoga Subdivision, which is one-quarter mile west of the proposed PUD. He was the co-developer of the subdivision and, even though he had requested 16 lots on the 22 acre parcel, he was required to have nine lots. He stated that it was the right decision, because it was a much better development with two acre parcels, and it cannot be seen from the road, because of the trees. He further stated that the developer has the option of going to less density and a more sensible plan that would be compatible for the community. Mr. Chubboy showed pictures of the surrounding properties and discussed the Lake Amos basin, which is fed by 3,000 surrounding acres, and stated that this was a good concept, but it was in the wrong place. He submitted to the Board that, before any development is approved for anybody, the engineering firm for the developer needs to come to the Board with a complete three dimensional view of the petitioned property, and the property behind it, and tell the Board how they are going to control the water. He suggested that one acre lots, or less, be developed with 75 homes, which would reduce impact fees and taxes for the developer, and it would make it more compatible with the neighborhood and give the engineering firm a fair shot at capturing the water up high and minimizing the flow down at the bottom.

COMMISSIONERS

At 11:50 a.m., it was noted that Commr. Gerber left the meeting.



PETITION NO. 47-97-4 - EUGENE & KAY HILL - TRACKING NO. 78-97-PUD

(CONTINUED)



Mr. Chubboy stated that he did not recommend approval of the petition. He submitted his documentation and the Deputy Clerk marked it as Exhibit "B" for the Opposition.

RECESS & REASSEMBLY

At 11:53 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 1 p.m.

COMMISSIONERS

At 1 p.m., it was noted that Commr. Gerber was not present for the meeting.

PETITION NO. 47-97-4 - EUGENE & KAY HILL - TRACKING NO. 78-97-PUD

(CONTINUED)



Mr. Bill Ten Hoopen stated that he and members of his family had submitted letters for the Board's consideration. Mr. Ten Hoopen stated that they had moved to the area for the country type setting, and they have 30 acres for farming. He was concerned about the one well, because it would affect the aquifer just the same as individual wells. Mr. Ten Hoopen stated that, at the bottom of the hill of his property, the clay is only 18 inches under the ground, and there will be problems, if they put septic tanks on the property in question. He was also concerned about how the applicants were going to handle the water situation on the property. Mr. Ten Hoopen stated that most of his neighbors own 30 to 40 acres, and he would like to continue to see the low density. He would be comfortable if the applicants developed the property into two or three acre lots and sold them for estates like the rest of the neighborhood. He was also concerned that, if subdivisions keep going in like this one, there was going to be a higher and greater need for services, and the services were never completely subsidized by the subdivision themselves, and therefore, he would be subsidizing them with higher taxes on his property. Mr. Ten Hoopen discussed the lack of fairness shown to the property owners when the County advertises its rezoning issues and stated that the community not wanting the project should be enough evidence needed by the Board to deny the request.

Mr. Reggie Tisdale stated that he lives on Wolf Branch Road, and he is a resident across the road from the development. He and Mr. Randy Chavers were most affected by this proposal, and he was here today to support the proposal, because it was the right concept for the property, and it was in the right place for the concept. The buffers and the preservation of the natural character of the land, and the intent of the Homeowner's Association, would definitely protect and preserve the character of the area. He was an engineer and he was here today to offer an opinion on some of the issues, and he was speaking as a resident, not as a professional. The traffic issue on Wolf Branch Road was one of operation as opposed to capacity. As the engineer stated, if you look at the additional impact created by the additional houses, it equates to about eight per hour, which was one every 15 minutes in each direction of the roadway. He stated that the development would add additional traffic, however, the additional request over and above what they can presently do was not really an issue.

COMMISSIONERS

At 1:15 p.m., Commr. Gerber arrived for the meeting.

PETITION NO. 47-97-4 - EUGENE & KAY HILL - TRACKING NO. 78-97-PUD

(CONTINUED)



Mr. Tisdale felt that the property was very well suited for the use being proposed by the developer. In conclusion, he could see that the Board has primary alternatives such as, it can allow it to be developed with the present zoning, which he felt would be the worst case of rural sprawl that can be envisioned for that property, or the Board can approve this clustered development. He was urging the Board to approve the proposed development, because he felt it would protect and preserve the character of the area.

Mr. Donald A. Bernard stated that he was not a resident of the area, but he was planning on moving to Wolf Branch Village within the next few months. He and his wife have been living with their daughter and son-in-law in Wolf Branch Village. He was of the understanding that this request would be a simple change in the number of houses that would be required, according to the regulations, but after hearing about possible clustering of homes, he questioned whether there would be a requirement for them to come to the Planning and Zoning Commission for a change, or variance, from the existing law. Mr. Bernard stated that it was not an issue of how many houses would be located there, but how they would be spaced. He was concerned about whether the whole character of the area was going to be changed.

Ms. Robin Brubaker stated that she was a resident in the Wolf Branch area. She addressed the comments made by Mr. Shamrock about Wolf Branch Estates being a loss to the developer and stated that the County was in a very different market right now, so it would be hard to compare it to what was being proposed. She liked the layout of the development, but her main concern was the density and the precedent it would be setting for the other vacant surrounding land in this area. She was also concerned that there did not seem to be a designated place for the central well system. Ms. Brubaker stated that, in the Lake County Land Development Regulations, 6.03.02, it asks for 300 foot setbacks for the well head protection area, and a 1,000 foot setback for the well field protection area. She felt there were discrepancies in the numbers that were given about the lot sizes, the frontage setback, and the home size, and she felt that the lot sizes should remain no smaller than one acre for one house. As far as the home size, the deed restrictions appear to say that this subdivision would have a minimum square footage of 1,800 square feet heated and cooled. In talking to area realtors, they have indicated that people who are moving to this area are looking for larger pieces of property, because of its openness and beautiful country life. In Wolf Branch Estates, there have been six homes sold in the last couple of years. Ms. Brubaker stated that, by maintaining its current lot size of one acre, the Board can reserve the environment that already exists in this area. By approving the rezoning and allowing so many more homes to be concentrated in one area, a precedent would be set that would forever change one of the most beautiful roads in Lake County, and the horse farms and large estates that have been characterized in this area for years will become a thing of the past. In closing, if the development was inevitable, she would ask the Board to go ahead with the PUD, but keep and maintain the current one acre lot size, which was in keeping with the established overall character of the area, as well as the other established development in this area. She asked that the square footage that was originally set be maintained in keeping with the established homes in this area. She stated that this would maintain the current property value that was in place, as well as increase the tax base for the County.

Commr. Swartz stated that the PUD Ordinance before the Board provides for a 275 foot buffer along the frontage on Wolf Branch Road.

In closing, Ms. Campione wanted to clarify the issue of density and lot size. Under the current regulations, the R-1 zoning does not require a one acre lot. She stated that R-1 zoning is a density of one unit per acre, but there is no minimum lot size requirement in the Land Development Regulations (LDRs) at this time. She stated that the applicants could cluster on the property now, in the sense that they would not have to meet the one acre requirement in the R-1 zoning. She explained the open space concept and the conservation easement concept and stated that the open space concept will help the environment and wildlife. Ms. Campione stated that there was discussion about a huge economic gain for the developer, and she wanted everyone to know that this was going to be more expensive for the developer to develop the property in this way. She stated that the applicants were giving up what they do not have to give up, in order to have a neat community, to try and develop this in a way that has been proven in other areas to work as a mechanism for preserving a rural field, and by preserving open areas around the perimeters, and preserving green spaces. She noted that the lot size was spelled out in the Ordinance, which would be 12,00 to 30,000 square feet, with a minimum frontage width of 80 feet. In regard to the well, if there were individual wells permitted for the site, they would not be regulated by the St. Johns District, whereas, if they do one well, it does undergo severe regulatory scrutiny.

Commr. Good called for further public comment. There being none, the public hearing portion of the meeting was closed.

The aerial map was submitted and marked by the Deputy Clerk as Exhibit "B" for the County.

Commr. Hanson stated that the Board has worked very hard with the Department of Community Affairs (DCA) to encourage clustered developments, in order to have more open space around them, so there can be conservation areas, and so the land can be protected around the houses for open space. She stated that it puts the Board in a very difficult position when the public that lives around it does not want the clustering, although the density remains the same. She explained that, if the Board denies the request, it would lose more control than it would have with the PUD, and yet the developer could still put in exactly what he has proposed with the PUD.

Commr. Cadwell stated that the current zoning would allow something even less appealing than what was being proposed. He felt that the idea of a central well was a good idea, and he did not recall ever having a PUD, since he has been here, that would have over 50 percent open space, and the densities were not going to be any worse than they would be with what was allowable under the current rules. Commr. Cadwell felt that this was a good project.

Commr. Gerber stated that, after driving through this area along Wolf Branch Road, she found it to be very upscale, and for the most part, from the discussion and from hearing the speakers today, most of the people live on one acre lots. She stated that knowing the type of development in this area, she felt it would be a compatible project.

Commr. Swartz stated that he appreciated the concern the people had in terms of whether or not this would set a precedent. He clarified that AR and R-1 zonings do not restrict development to one unit to five acres. The existing zoning, which was changed in 1990, was AR in the front, which was approximately two units to the acre; R-1 in the back which was one unit to the acre. If it was coming to the Board today with the land zoned agriculture for allowing approximately 115 units, he would not vote for this density, just as he did not vote for it in 1990. Commr. Swartz stated that he would vote for a development plan that would be similar to this one, but based on a zoning that would be more consistent with the character. He agreed that this was the wrong zoning, but what they were proposing today would protect the open space, and it would protect the rural environment to the extent that would not be possible, if they developed on one acre tracts. He stated that a central water system was by far an advantage over every one of those 100 people sinking their own wells, because they sink them with minimum supervision. He stated that 63 acres will remain in open space, and a Homeowners' Association would be required with deed restrictions and covenants. The open space would be in a conservation easement dedicated to the County. He suggested that, as the Board gets these open space developments, they be put into the Comprehensive Plan, so that all of the Board would know what has been dedicated to the County. Commr. Swartz stated that some of the people today were now aware that they own property in the Mount Plymouth/Sorrento urban compact node, which actually allows densities up to 5 dwelling units per acre. He further stated that the Board has the ability to look on each individual request that comes into the County and decide whether or not higher density is appropriate, and in most instances in the area given, it is not. If he did not think this was the best that the Board could approve in this area, given the current zoning, and he would not vote for it. Commr. Swartz stated that he was convinced that, with the controls that are in the document, what is proposed will happen and some of the fears expressed by individuals will not happen. He stated that he was going to support the development, and he hoped the Board would pass it.

Commr. Hanson pointed out that most of the subdivisions, where those individuals live along Wolf Branch Road, would not be approved today. She stated that this is a rural area, one unit to five acres, or suburban, which is up to three units per acre, but you cannot get there until you have the development around you. So the whole area on Wolf Branch Road is one unit to five acres except for the area within the urban node where you could get a higher density, but then you would be looking at what is compatible with the surrounding development. Commr. Hanson stated that she is working with the Planning staff on developing, with the community, a small area study.

Commr. Good explained that a mistake was made in the past when the property in question was divided into different zonings. He stated that this was not the only place in the County where the land has been split into little pieces. Commr. Good stated that he was concerned that, if the Board did not approve this request, the developer could do this anyway. It concerned him that the community and the applicant have not reached a consensus, and they were here today, which will put more government in their lives. He stated that none of the proposals were a perfect solution, because they do not protect rural lands. Commr. Good stated that he did not like the extra government oversight, but he did not see any other alternative before the Board. He stated that the community will be getting a 12 acre park, but it is urban density in a rural area and environment. Commr. Good stated that he was supporting the request very reluctantly.

Commr. Hanson clarified that those people, that were in the area at the time of the zoning change, were diligent with their protest, and they filed a lawsuit, but the lawsuit was dropped. She stated that a school and a church have been proposed on Round Lake Road between CR46 and Wolf Branch Road. She explained that voting against the project would not be in the best interest of those present, because the applicant can do exactly what he is doing now. She stated that it would be a better project, if they move forward with the PUD. She did think that the Board would be setting a precedent with the 50 percent open space, which has not been placed in any other subdivision.

Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from AR (Agriculture Residential) and R-1 (Rural Residential) to PUD (Planned Unit Development) for construction of a residential single family development.

Under discussion, as a point of clarification, Commr. Swartz referred to Page 2, A. Residential, f., and Page 4, L. Conservation and Protection of Significant Natural Resources, and questioned whether the reference to "homeowners" was talking about a "homeowners association". If so, he suggested that clarifying language be added to these particular paragraphs.

Mr. Sandy Minkoff, County Attorney, stated that the word "association" could be added to the two paragraphs noted by Commr. Swartz.

Commr. Swartz questioned the definition of "living area" and suggested that "heated and cooled" be added to the language for clarification.

Commr. Swartz made a motion, which was seconded by Commr. Gerber, to amend the Ordinance on Page 2 and Page 6, and any other place where it is intended, to include the word "association" where it refers to homeowners, and secondly, in Paragraph F, that living area be defined as "that primary part of the structure that is heated and cooled."

Commr. Good expressed his concern with the language on Page 3, G. Educational, and stated that he felt this would mean no nature trail. This issue was clarified through discussion by the Board and staff.

Mr. Minkoff clarified that the Homeowners' Association documents will contain a prohibition against day care in the home within this development, because of this paragraph.

Commr. Good requested that staff make the necessary clarification needed on Page 3, G. Educational.

The Chairman called for a vote on the amendment to the motion, and it was carried unanimously by a 5-0 vote.

Commr. Swartz extended his thanks to staff for their work on the request, and stated that he felt that what has been presented today lays out the guidelines for staff to review the project.

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

BUDGETS/LIBRARIES/CONTRACTS, LEASES & AGREEMENTS

Commr. Cadwell stated that he had requested that Tab 13 regarding the libraries, be placed on the agenda for discussion, because it involves a project that he has been working on with some of the cities. He stated that he had a draft letter, which he presented to the Board members, which uses Lady Lake as a example, because it is already in the system. Commr. Cadwell stated that Tavares and Mount Dora did not sign the interlocal agreements that were sent to them, because of problems they had expressed. After Commr. Cadwell had several discussions with members of the councils, they thought that, by adding a letter to the original agreement, it would help resolve the problems that had been expressed. The letter would contain the following amendments to the agreement:

A. At the end of Section 4, the following language will be added:



The parties to this agreement shall meet on or before April 1, 1998 to discuss renewal of this agreement for the 1998-99 fiscal year and subsequent years as well as propose structural changes to the Lake County Library System.



B. At the end of Section 2, the following language will be added:



In exercising the authority granted to it as the designated governing body, the Board of County Commissioners shall make decisions and take action after consultation with the governing bodies of the other member libraries.



Commr. Cadwell stated that Mr. Robert Moore, Vice President of the Tavares City Council. had indicated that he thought Tavares would not have a problem with it, but he could not speak for the entire Council, and Mr. Leon Bibb, Mount Dora Councilman, seemed satified yesterday in his last conversation with him. He requested that the Board vote to approve the letter, and to send it to the cities of Mount Dora and Tavares for their approval along with the approval of the interlocal agreement, and also to the cities that have already signed the interlocal agreement.

Commr. Good stated that, as library liaison, he wanted to thank Commr. Cadwell for taking the initiative as the liaison of the League of Cities to meet with the people.

Commr. Hanson stated that she also appreciated Commr. Cadwell finding a resolution to a very difficult situation.

Commr. Gerber questioned whether the County was going to be able to dispel their fear in regards to the private donations the cities were receiving.

Commr. Cadwell felt that what was being proposed gives them enough comfort to continue through this year and get in a position to talk about what is best for the whole library system.

Commr. Swartz stated that the history has always been that these monies received by the cities have never been funds that came into question, and the County has done more than just consult with them. He stated that each individual city puts together their library budget, their intended plan of action, and they send it to the County for it to become part of the County's plan, and it is adopted. On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the amendment to the library agreement, and to send it to the libraries that have signed it, and also to the cities of Tavares and Mount Dora.

Commr. Cadwell noted that the Board needed to take action on the request for approval of the Fiscal Year 1997/98 Annual Plan of Service and Combined Budget for the Lake County Library System. In the backup summary was a statement that if the two cities, Tavares and Mount Dora, did not sign by November 24, 1997, all references to those two libraries would be deleted from the Annual Plan prior to submission.

Ms. Wendy Breeden, Library Services Manager, addressed the Board and stated that, after this agenda item was submitted last week when it looked like it was not going to fall into place by November 24, 1997, she called the State Library and asked them for direction. She was told that the County had two choices, it could submit the Annual Plan of Service and Combined Budget without the two libraries, but in their eyes, they would no longer be a part of the library system. The County was also supposed to spend all library funds based upon that annual plan of service that is submitted to them. The other option would be to submit it with them included, and if things did not turn out, staff would come back in a month or two and revise it. Ms. Breeden stated that staff would like to include them, and the Library Board has recommended that they be included at this time.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Fiscal Year 1997/98 Annual Plan of Service and Combined Budget for the Lake County Library System inclusive of Member Libraries providing service under current, signed Interlocal Agreements by November 28, 1997, with the inclusion of Mount Dora and Tavares.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES/GRANTS

Ms. Allison Thall, Human Services Manager, was present to answer questions of the Board relating to the request for funding under the Local Law Enforcement Block Grant (LLEBG) Program.

Commr. Gerber stated that there were some questions with the Sheriff's Department as to how this grant is to be distributed.

Ms. Thall stated that the County was not going to be providing the cash match for 1997. The County will be requesting whatever agencies are seeking the financial assistance to provide their own cash match based on how much they are seeking. She explained that this grant was directed and given to the Board and County Manager, and it is their responsibility to allocate those funds as they see fit. It gives no direction that they must provide it to one agency over another, as long as they follow the criteria in the grant documents. She further stated that the Advisory Board will make nonbinding recommendations for the allocation of funds.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the Award Document and Special Conditions of the Local Law Enforcement Block Grant (LLEBG).



AMBULANCES-HOSPITALS/CONTRACTS, LEASES & AGREEMENTS

FIRE AND EMERGENCY SERVICES

Mr. Craig Haun, Sr. Director of Fire and Emergency Services, addressed the Board to discuss the Florida Regional Emergency Medical Services' new rate proposal for 1998. Chief Haun noted that there were representatives from Florida Regional to answer any questions of the Board.

Commr. Swartz stated that, from his recollection, other than what occurred about two years ago, he did not believe that the Board has seen any increases for a period of three or four years prior to that, and the largest increase is still right at or less than four percent, and most of these charges are ultimately paid by third party users.

Commr. Gerber questioned whether Chief Haun had received the memorandum from the County Manager in regards to the Fruitland Park EMS.

Chief Haun stated that he would be forwarding to them a formal letter of response.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Florida Regional Emergency Medical Services' new rate proposal for 1998.

GROWTH MANAGEMENT

Mr. Mike Miller, Chief Planner, Department of Growth Management, presented a review and summarization of the Comprehensive Plan Evaluation and Appraisal Report (EAR) process. He stated that staff would be making a presentation every one to two months to keep the Board updated on the process.

The following information was reviewed with the Board:

Topics for Today



Brief History of Planning

EAR Process

Plan Amendments

Implementation of Plan Objectives



Evaluation & Appraisal Report History



EAR Requirements



EAR Content

EAR Advisory Committees (9 members each)

Committee Meeting Time



Executive Advisory Committee



Mr. Miller was recommending that the committees that were ongoing now be allowed to sunset; however, the Executive Advisory Committee would be extended for a year, which would allow a consistency of review.

Commr. Swartz stated that the committees' review of the draft EAR would depend on whether or not they would need to go beyond March. In January, or February, staff will be putting together the things that have been given to them, and then some time in February, staff will be taking it back to the committees. If that process was delayed, staff may need to keep some of them going longer. He suggested that staff consider modifying the Resolution and extending them, and if they do not need to meet, then they do not meet, and that way they will not have to sunset and come back.

Mr. Miller stated that he will monitor their progress over the next couple of months and come back with a more timely recommendation.

Discussion continued regarding the following topics:

EAR Process



The Proposed Work Plan



Flow Chart



Mr. Miller understood that it was the consensus of the Board to come back with a new Resolution to either create, or extend the Executive Advisory Committee for a year.

Commr. Gerber stated that, at some point in time, she would like to start up the Environmental Protection Advisory Board, and she was hoping that some of individuals serving on the committees would like to serve on it.

Commr. Swartz stated that, if the Executive Advisory Committee, for example, had some of the year ready and staff had worked on it, staff could start meeting with Planning and Development to workshop with them, so that they do not have to go into a public hearing without it, and the same thing with this Board. If there is not a statutory requirement for the Board to meet in May, he would rather see the Board workshop as early as it can. He stated that, by having Planning and Zoning review and make recommendations, but not specifically make changes, that preserves the integrity of the committees and allows the Board to see both.

Mr. Sandy Minkoff, County Attorney, stated that the process requires the local planning agency to adopt the EAR, so this would conflict with the process.

Mr. Miller stated that he would review this, in greater detail, and report back to the Board.

Ms. Nadine Foley stated that she serves on one of the committees and the committee wanted to thank Mr. John Cento, Mr. Mark Knight, and Mr. Mike Miller for their assistance, knowledge, and direction.

Mr. Miller acknowledged other departments and staff that have been a part of the process.



FOR YOUR INFORMATION

ENVIRONMENTAL MANAGEMENT/REPORTS

Commr. Gerber informed the Board that the Central Florida Association of Environmental Professionals has awarded Lake County the Long Range Planning Division of the County staff their Education Award for Environmental Awareness for the Environmental Education Task Force Report.

CONTRACTS, LEASES & AGREEMENTS/GROWTH MANAGEMENT

Mr. Sandy Minkoff, County Attorney, stated that the Settlement Agreement between lake County and William L. Hendry involved a denial of a vested rights case. The property is located immediately adjacent to the mall. The initial request was the approval of one four unit multi-family dwelling. The proposed Settlement Agreement allows a three unit multi-family dwelling, as long as Dr. Hendry connects the 16 existing multi-family units and his dental office to City of Leesburg water and sewer. Staff was recommending approval of the request.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval of the Settlement Agreement between Lake County and William L. Hendry.

OTHER BUSINESS

COMMITTEES/RESOLUTIONS

Ms. Allison Thall, Human Services Manager, was present to answer questions concerning the applicant for the vacant position on the Affordable Housing Advisory Committee.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1997-213 appointing Ms. Margaret McNinch to the Lake County Affordable Housing Advisory Committee.

REPORTS - COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/LAWSUITS AFFECTING THE COUNTY

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for approval of Special Master Agreement between Lake County, Owner, and Robert Q. Williams, Special Master.

ACCOUNTS ALLOWED/LAWSUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, stated that Ms. Valerie C. Fuchs, Assistant County Attorney, had written a Memorandum regarding Lake County v. Mark Carson, Lee Ann Carson, et al, Special Assessment No. 791055. He explained that, when this assessment was initially done in 1985, the legal description left off the section, township and range. The initial assessment was against a prior owner of the property. When the County started collecting the overdue assessments in 1995, it started litigation against the Carsons who are the owners, but in the mean time, this foreclosure occurred and the title company has now offered to pay the County the principal amount, and staff was recommending approval.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for approval to accept $6,565.06 payment of principal due and waive accrued interest in case of Lake County v. Mark Carson, Lee Ann Carson et al, Case. No. 96-1413-CA01.

LAWSUITS AFFECTING THE COUNTY/DEEDS

Mr. Sandy Minkoff, County Attorney, stated that the Citrus Sun Club at Hwy. 19/27 at the Turnpike was turned into a time share development some years ago. It became overdue in paying its taxes and the Board, three or four years ago, entered into an agreement for payments, which were not made. About three months ago, he asked the Board for permission to seek a tax deed on the property. They are now at the point when they would be notifying the unit owners. He stated that there would be approximately 2,000 certified letters, and almost 1,000 sheriff services, which would amount to approximately $26,000. Last week, he received a call from an attorney from the Department of Business Regulations, which regulates time shares, and they are in the process of going to circuit court to ask for a receiver for this property, with the intent that they terminate the time share and sell the property. They are going to pay the cost for notifying all of these people, if the County joined in as a plaintiff in that suit. He would like permission to joint as a plaintiff in the State suit for a receiver. He felt it would save the County a lot of money and hopefully get the taxes paid.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the County Attorney's recommendation, with regard to the Citrus Sun Club, for the County to join in as a plaintiff in the Department of Business Regulation's lawsuit.

REPORTS - COUNTY MANAGER

MUNICIPALITIES/MORGUE

Ms. Sue Whittle, County Manager, informed the Board that she and the County Attorney met with the attorney from Leesburg Regional Medical Center (LRMC), and he brought them a proposal that she would like permission to proceed to investigate. She stated that LRMC has indicated that they would like to acquire the property where the present morgue is located, which is adjacent to the hospital. The proposal will provide the County with another piece of property, and they have indicated a couple of different sites in the Leesburg area, and it will pay for the construction of a new morgue on that site. In order to proceed, the County needs to have some appraisals done, and in this proposal, she would recommend that the County uses two separate appraisers, and the County Attorney will need to proceed with drafting an agreement with the LRMC.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved for the County Manager and County Attorney to proceed with the investigation of appraisals and draft work, with regard to the Leesburg Morgue and the proposal made by Leesburg Regional Medical Center (LRMC).

REPORTS - COMMISSIONER GERBER - DISTRICT #1

MUNICIPALITIES

Commr. Gerber informed the Board "Light Up Leesburg" will take place Friday night.

REPORTS - COMMISSIONER SWARTZ - DISTRICT #3

COMMUNITY SERVICES

Commr. Swartz presented to the Board, from the Lake Community Action Agency, a plaque extending their appreciation for the Board's support in the past.

ROADS-COUNTY & STATE

Commr. Swartz informed the Board that staff has been working on some designs for Robbins Road and have several proposals. They have scheduled a meeting on December 11, 1997, 7 p.m., at the Astatula Town Hall to meet with the Robbins Road residents to show them some of the design ideas they have developed, and to solicit their input.

MEETINGS

Ms. Sue Whittle, County Manager, informed the Board that there will be a Board Workshop on December 9, 1997.

REPORTS - COMMISSIONER GOOD - DISTRICT #2

MEETINGS/WATER AUTHORITY

Commr. Good stated that he would like to continue the Board's discussions about the water supply development workshops that he proposed to the Board. He was trying to schedule those prior to the 4:30 p.m. meeting of the Water Authority on December 17, 1997, so that both Boards would be knowledgeable of the water supply issues that have been discussed. He stated that the workshop should take about 30 to 45 minutes.

Ms. Sue Whittle, County Manager, stated that the issue brought forward by Commr. Good could be added to the Board Workshop on December 9, 1997.



REPORTS - COMMISSIONER HANSON - DISTRICT #4

SCHOOL BOARD/TAXES

Commr. Hanson informed the Board that she would be meeting with one or more of the School Board members on the one cent sales tax, and she would be bringing back information presented at that time.

REPORTS - COMMISSIONER CADWELL - DISTRICT #5

LEGISLATIVE DELEGATION/GRANTS/LIBRARIES

Commr. Cadwell stated that the Legislation would like support of the Library Construction Grant Program by encouraging inclusion of the full list of 17 projects, as discussed earlier.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to support the Library Construction Grant Program by including the full list of 17 projects.

COMMITTEES/COUNTY EMPLOYEES

Commr. Cadwell informed the Board that the Industrial Development Authority (IDA) voted, at their last meeting, to send a letter of recognition to Ms. Leslie Little for her service with the Economic Development Council (EDC). There was also discussion about continuing its relationship with the EDC, and the County may be at a point where it needs to look at having a County employee that would be the Economic Development Coordinator. He was bringing this forward in hopes to let the County Manager bring back some type of structure of how that would work, with no commitment to do it.

Commr. Hanson stated that she would be in agreement and would like to recommend that a commercial real estate company be selected to market those remaining parcels in Phase 1. She stated that the in-house person could look at small business strategies, and some of those would be a micro-loan program, work on vacant commercial building leasing assistance incentives, and a small business assistance center, which would be using SCORE and some of those agencies that are already in place. She would also like to see the Board have a quarterly round table economic issues forum, where speakers can come from throughout the country, to look more strongly at the implementation of the education initiatives contained in the Economic Element of the Comprehensive Plan, and to have an annual economic summit.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to send a letter of thanks to Ms. Leslie Little for her service to Lake County through the EDC, and to direct the County Manager to research and come back to the Board with a plan in regards to hiring a full time County Economic Development Director.



RESOLUTIONS/WATER RESOURCES

Commr. Good explained the request to send a copy of Resolution 1997-126 to Representative Thurman along with a letter requesting a Congressional Resolution authorizing the US Army Corps of Engineers to conduct a survey review study of the Hillsborough River, Withlacoochee River and the Green Swamp.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request, as stated above.

MINUTES

Discussion occurred regarding the Minutes of September 23, 1997, Regular Meeting, with the Board making the following changes:

Page 9, Lines 5-9 - revise to note that it was to approve their request for withdrawal

Page 16, Line 6 - correct to read "she"

Page 22, Lines 4-6 - to include to workshop with the School Board or Superintendent

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 23, 1997, Regular Meeting, with these changes.

On a motion by Comr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 23, 1997, Proposed Tower Ordinance and Final Budget Hearing, as presented.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 7, 1997, Regular Meeting, as presented.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 15, 1997, State of the County, as presented.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 21, 1997, Regular Meeting, as presented.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:38 p.m.



WILLIAM "BILL" H. GOOD, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



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