The Lake County Board of County Commissioners met in regular session on Tuesday, August 22, 2000, 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; Catherine C. Hanson, Vice Chair; Rhonda H. Gerber; Robert A. Pool; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
It was noted that a printed Addendum No. 1 had been added to the agenda. Commr. Cadwell requested that a resolution to receive unanticipated revenue from the Sheriff's Office be placed on the agenda under Reports.
MINUTE APPROVAL
Regarding the Minutes of July 25, 2000 (Regular Meeting), Commr. Hanson requested that clarification be made to the Minutes, on Page 13, Line 15, indicating that, with the zoning that was in place, Watkins Motor Lines, Inc. could still place their business on the property without vacating the plat.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of July 25, 2000 (Regular Meeting), as amended.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Grants/Libraries
Request for approval to submit a Florida Library Literacy Grant application in the amount
of $25,000.00. The funds will be used to pay consultant fees, to purchase books, materials and art supplies; and to add two PCs for a computer literacy lab. The required match is one-third and will be a combination of in-kind and State Aid funds.
Bonds - Mobile Home
Request for approval of a Mobile Home Bond for Lorenzo and Renee Morizio to place a mobile home on property located at 10471 High Crest Court, Howey-in-the-Hills, Florida, while constructing a conventional home.
PRESENTATIONS/PUBLIC HEARINGS
PRESENTATIONS
ORDINANCES
Commr. Welton Cadwell presented Proclamation No. 2000-199 proclaiming August 27 through September 2, 2000 as Lake County Fire Fighter Appreciation Week. Ms. Julie Ita, Representative of the Muscular Dystrophy Association, was present to express appreciation to Lake County for supporting the Lake County Fire Fighters in their efforts as one of MDA's most beloved sponsors in the fight to find treatments and cures for muscular dystrophy.
GRANTS - TWIN LAKES PARK
Representative Everett Kelly presented a recreational grant, in the amount of $100,000, to Lake County for Twin Lakes Park.
ADDENDUM NO. 1
PRESENTATIONS
RESOLUTIONS
Commr. Hanson presented a resolution to Ms. Marlene O'Toole, representing the Take Stock in Children Program, in support of the Governor's Mentoring Initiative.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4 - 0 vote, the Board approved Resolution No. 2000-121 in support of the Governor's Mentoring Initiative.
Commr. Gerber was not present for the discussion or vote.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS
Mr. Bruce Thorburn, Communications System Director, appeared before the Board to present the request for approval to execute a contract with Sprint to add an additional 24 channels for Direct-Out-Dial capability to the Lake County Telecommunications network.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval to execute a contract with Sprint to add additional Direct-out-Dial capability to the Lake County telecommunications network.
PUBLIC HEARINGS
PETITION NO. 931 - DALE N. AND ALICE M. DICKEY - GROVELAND/BAY LAKE AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 931, a request by Dale N. and Alice M. Dickey to vacate easement in the Plat of Groveland Farms, Section 21, Township 23 Range 24E, Groveland/Bay Lake Area. He discussed a drawing of the parcel illustrating the location of a house and an aerial photograph of the parcel in question.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicants were present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 2000-120 - Petition No. 931 by Dale N. and Alice M. Dickey to vacate easement in the Plat of Groveland located in Section 21, Township 23, Range 24E in the Groveland/Bay Lake area - Commission District 2.
PETITION NO. 933 - KEN STOKES - CLERMONT AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 933, a request by Ken Stokes to vacate water retention areas on Lots 1 - 5 recorded in the Monte Vista Park Farms Plat, Section 6, Township 23S, Range 26E in the south Clermont area. He stated that staff was in favor of this vacation, however, were requesting a postponement of this request until September 5, 2000 to allow the owner of Lot 6 sufficient time to have an engineer review this request and provide assurance that removing these water retentions areas will not impact his property.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss the postponement, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to postpone Petition No. 933 by Ken Stokes to a time certain on September 5, 2000 at 9:00 a.m. or as soon thereafter.
PUBLIC HEARINGS
REZONING
PETITION NO. PH#58-00-Z CP TO A MAX G. SONNTAG
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from CP (Planned Commercial) to A (Agriculture) on a 1.25 acre parcel in the Mt. Plymouth/Sorrento Urban Compact Node. She explained that the subject parcel was currently developed with a single-family residence and greenhouses, however, the applicant was requesting the rezoning in order to expand the existing plant nursery/greenhouse operation. She stated that staff was recommending approval to rezone to R-1 (Rural Residential), and the Planning and Zoning Commission has recommended approval to rezone to R-1 (Rural Residential) by a 9 - 0 vote.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2000-80, a request from Max G. Sonntag, Petition No. PH#37-00-4 to rezone from CP(Planned Commercial) to R-1 (Rural Residential) in order to expand the existing plant nursery/greenhouse operation - Tracking No. #58-00-Z.
PETITION NO. PH#34-00-3 A TO R-2 FRANK & CATHYE BOUIS
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from A (Agriculture) to R-2 (Estate Residential) on a 1.95 acre parcel in the Yalaha area. She stated that staff was recommending approval to rezone from A (Agriculture) to R-2 (Estate Residential), and the Planning and Zoning Commission has recommended approval by an 8 - 0 vote.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicants were present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, 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 Ordinance No. 2000-81, a request from Frank and Cathye Bouis/Captain Buck's Boat Boutique, Petition No. PH#34-00-3, to rezone from A (Agriculture) to R-2 (Estate Residential) - Tracking No. #57-00-Z.
PETITION NO. CUP#00/8/4-5 CUP in A GREENBLADES OF CENTRAL FLORIDA Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) for a tree farm and landscaping business on a 13.87 acre parcel in the Altoona area. She stated that staff was recommending approval for a CUP in A (Agriculture), and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, 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 Ordinance No. 2000-82, a request from Greenblades of Central Florida, Inc., Petition No. CUP#00/8/4-5, for a CUP in A (Agriculture) for a Tree Farm and Landscape Business - Tracking No. #62-00-CUP.
PETITION NO. PH#35-00-2 AMD. TO CP ORD. 1998-58
ROBERT THOMPSON, ET AL/SAFE-T-STORAGE II
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for an amendment to CP Ordinance 1998-58 to allow professional offices, warehousing, and retail sales on a 10 acre parcel in the Clermont area. She explained that the applicant was currently requesting a total of 60,000 square feet of office/warehouse square footage, and 30,000 square feet of retail/office square footage. She stated that staff was recommending approval for an amendment to CP Ordinance 1998-58 to allow a total of 90,000 square feet of warehouse, office and neighborhood commercial uses instead of the originally approved 50,000 square feet. The Planning and Zoning Commission has recommended approval by a 9 - 0 vote to allow an amendment to CP Ordinance No. 1998-58 to allow for the following: (1)"Square footage shall be limited to 60,000 square feet of office/warehouse and no more than 30,000 square feet of office or retail usage."; and (2) "No parking of trucks or RVs on site, only normal vehicular parking is allowed."
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. Steven J. Richey, P.A., representing the applicant, was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
Commr. Pool made a motion, which was seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2000-83, a request from Robert Thompson, et al/Safe-T-Storage II, Petition No. PH#35-00-2, to allow a total of 90,000 square feet of warehouse, office, and neighborhood commercial uses - Tracking No. #35-00-2.
Commr. Swartz stated that he had voted against the original rezoning as a result of locational criteria and the proposed expansion was still inconsistent with the Lake County Comprehensive Plan. He stated that he would vote in opposition to this request.
Mr. Steven J. Richey, P.A., representing the applicant, appeared before the Board to present a site plan (Applicant's Exhibit A) and discussed same. He noted the location of a frontage driveway across the front of the parcel, and the location of the office/warehouse buildings and the retail/office buildings.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Swartz voted in opposition.
PETITION NO. CUP#00/8/3-4 CUP in A TERRY ALLEN
CHERYL PENCE/AMERICAN TOWER CORPORATION
NEXTEL COMMUNICATIONS, INC.
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) for placement of a 199 foot monopole tower with equipment shelter and ancillary facilities on a 24 acre parcel in the Cassia area. She stated that there was opposition to this request based on the location of the Cassia Community Center, and staff has received one petition with 28 signatures in opposition. She stated that staff was recommending approval for a CUP in A (Agriculture), and the Planning and Zoning Commission has recommended approval by an 8 - 0 vote.
Commr. Pool discussed lighting standards and stated that he has received calls from residents that live near telecommunication towers expressing concern with the bright strobe light. He stated that a red beacon light at night would be less offensive than the flashing strobe light.
At this time, the Chairman opened the public hearing portion of the meeting.
Ms. Cheryl Pence, Planner and Attorney, representing Nextel Communications, Inc., appeared before the Board and explained that Nextel initially wanted a 250 foot lattice tower at this location because this was a new coverage area to serve a lot of customers. She stated that Nextel has changed the request to a 199 foot telecommunications monopole tower. In response to Commr. Pool's comments, she stated that the FAA does not require any towers less than 200 feet to be lighted; therefore, the proposed monopole will not require lighting. She discussed exceptions to the FAA lighting requirements. She stated that the location of the telecommunications monopole was in the center of a 24 acre tract and was over 500 feet from Highway 44. She stated that this site meets all of Lake County's development criteria. She stated that she has received a Letter of Intent from Verizon Wireless, dated August 21, 2000, (Applicant's Exhibit A) to co-locate on the Nextel monopole. She stated that a photo simulation illustrating a candelabra arm, which provides a more aesthetically pleasing effect, was to be delivered to her today; however, she has not received the simulation at this time. She presented a photograph of the proposed monopole (Applicant's Exhibit B) and discussed same. She presented a series of photographs (Applicant's Exhibit C) illustrating the density of the trees surrounding the Cassia Community Center.
At this time, the Chairman announced that the Board would continue this public hearing later in the meeting to allow time for the delivery of the photo simulation alluded to by Ms. Pence.
PETITION NO. PH#36-00-2 AMD. CFD ORD. # 1997-9 FLORIDA POWER CORPORATION/NEXTEL COMMUNICATIONS, INC.
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for an amendment to CFD Ordinance No. 1997-9 to increase the present tower from 190 feet to 210 feet on a 2.46 acre parcel in the Clermont area.. She stated that staff was recommending approval of the amendment to CFD Ordinance No. 1997-9, and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote. She stated that staff has received no opposition to this request.
In response to a concern expressed by Commr. Pool regarding lighting, Mr. Sandy Minkoff, County Attorney, stated that the Ordinance, under Section 1. B. Lighting/Operating Standards, requires that dual mode lighting be utilized with strobe light by day and a non-flashing red beacon at night.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, 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 Ordinance No. 2000-85, a request from Florida Power Corporation/Nextel Communications, Inc., Petition No. PH#36/00/2, to allow an increase in tower height from the existing 190 foot tower to a 210 foot tower without strobe lighting at night - Tracking No. #56-00-CFD/AMD.
PETITION NO. CUP00/8/5-2 CUP IN A JUDY SILCOX & JOHN SILCOX
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request for a CUP (Conditional Use Permit) in A (Agriculture) for an educational farm on a 1.75 acre parcel in the Ferndale area. She stated that staff was recommending that this request be continued for 30 days to allow time for staff to address and resolve several code enforcement issues prior to passing an ordinance governing this site.
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. John Silcox, representing the applicant, appeared before the Board and explained that he was in opposition to the postponement because they have been postponed on three occasions and have had to take time from work on each occasion. He stated that he and his wife feel that this was an attempt by Planning and Development Services to keep postponing this request until they withdraw their request.
Commr. Pool explained that it was prudent to table this request until staff has provided the necessary information to the Board. He stated that Mr. Silcox would have an opportunity to present his case during the public hearing process.
It was noted that no backup had been provided to the Board in regard to this request. Ms. Farrell stated that staff had a recommendation for approval, however, other issues have come up and she did not want to prejudice Mr. Silcox's case today based on the code enforcement issues.
Commr. Hanson expressed concern that no backup had been provided to the Board and stated that the backup should be provided to the Board whether or not a continuations was being requested. She asked who made the decision not to provide the backup.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved a request to postpone, until September 26, 2000, Petition No. CUP00/8/5-2, a request from Judy Silcox and John Silcox for a CUP in A (Agriculture) for an educational farm - Tracking No. #64-00-CUP.
PETITION NO. PH#30-00-3 AMD. TO CP ORD. #17-92 VIOLA WITTLINGER
LUCILLE ALKER/ELSIE ELMORE/LILLIAN BERNSDORF
BARBARA CHRISTENSEN
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for an amendment to CP Ordinance #17-92 to allow for professional offices and general retail uses (retail on Radio Road frontage only) on a .96 acre parcel in the Leesburg/Lake Square Mall area. She noted on the aerial photograph the location of a single family residence on Vista Avenue that was currently being used for a real estate office, and the location of a vacant parcel on Radio Road that they were proposing for C-1 uses. She stated that staff was recommending approval to allow the establishment of professional offices with limitations on the back parcel that it remain a single family structure and only be used for office use, a limitation on the hours of operation, and limited to the Vista Avenue and Radio Road C-1 uses. She stated that staff was in support of the Planning and Zoning Commission's recommendation for approval by an 8 - 0 vote with the following conditions: (1) Section 1.a. - Professional office limited to the existing office on Lots 24 and 25, and an additional 5,400 square feet of professional office and C-1 uses on Lots 8, 9, 10 and 11; (2) Section 2.a. -The applicant shall provide a type "B" buffer with a six-foot high fence for the project area abutting residential zoning on Lots 8, 9, 10 and 11; (3) Section 2.b. - All lighting fixtures shall be installed to prevent glare to surrounding properties and shall be no higher than 15 feet; (4) Section 2.c. - Operating hours shall not commence before 6:00 a.m. and shall cease by 7:00 p.m. for Lots 24 and 25 only; (5) Section 2.d. - The development shall be designed so that no loading and unloading occur in the rear of the development; (6) Section 2.e. - Lots 8, 9, 10 and11shall be served by central water and wastewater services. Lots 24 and 25 shall continue utilizing well and septic tanks; (7) Section 2.f. - The access to the development shall meet the commercial driveway spacing criteria. The site is subject to the Transportation Concurrency Analysis. A traffic study is required; (8) Section 2.g - The existing office on Lots 24 and 25 shall not be expanded or modified from its present state as a residential-like structure, unless it goes back through the public hearing process.
At this time, the Chairman opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
Mr. Steven J. Richey, P.A., Attorney representing the applicant, appeared before the Board and stated that they had no opposition to the recommendations made by the Planning and Zoning Commission. He presented a site plan (Applicant's Exhibit A) of the parcels in question and discussed the proposed uses for the parcels. He presented a revised conceptual plan (Applicant's Exhibit B) and explained that the Department of Public Works requested that they revise the site plan moving it to a joint access point for purposes of Access Management.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Hanson disclosed that she had spoken to Barbara Christensen, the applicant, before she realized it was going to be a zoning issue, however, that discussion would not influence her vote.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2000-86, a request from Viola Wittlinger, Lucille Alker, Elsie Elmore, Lillian Bernsdorf and Barbara Christensen, Petition No. PH#30-00-3, to allow for professional offices and general retail uses subject to the revised site plan (Applicant's Exhibit B) and the following conditions: (1) Section 1.a. - Professional office limited to the existing office on Lots 24 and 25, and an additional 5,400 square feet of professional office and C-1 uses on Lots 8, 9, 10 and 11; (2) Section 2.a. -The applicant shall provide a type "B" buffer with a six-foot high fence for the project area abutting residential zoning on Lots 8, 9, 10 and 11; (3) Section 2.b. - All lighting fixtures shall be installed to prevent glare to surrounding properties and shall be no higher than 15 feet; (4) Section 2.c. - Operating hours shall not commence before 6:00 a.m. and shall cease by 7:00 p.m. for Lots 24 and 25 only; (5) Section 2.d. - The development shall be designed so that no loading and unloading occur in the rear of the development; (6) Section 2.e. - Lots 8, 9, 10 and11shall be served by central water and wastewater services. Lots 24 and 25 shall continue utilizing well and septic tanks; (7) Section 2.f. - The access to the development shall meet the commercial driveway spacing criteria. The site is subject to the Transportation Concurrency Analysis. A traffic study is required; (8) Section 2.g - The existing office on Lots 24 and 25 shall not be expanded or modified from its present state as a residential-like structure, unless it goes back through the public hearing process. - Tracking No. #50-00-CP/AMD.
PETITION NO. PH#28-00-2 A TO MP STANLEY & CINDY HUNT
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from A (Agriculture) to MP (Planned Industrial) to allow for all the uses allowed in the Planned Industrial District on a 6.9 acre parcel abutting the Christopher C. Ford Central Park. She presented an aerial photograph of the area. She stated that staff was recommending approval to rezone from A (Agriculture) to MP (Planned Industrial) with uses limited to light industrial use and wholesale and warehouses with the limitations of a 30% impervious surface ratio (ISR). The Planning and Zoning Commission has recommended denial by a 4 - 2 vote. She explained that the lower ISR would provide protection for Indian House Lake. She noted that there was opposition to this request. She stated that the site was immediately south of Christopher C. Ford Central Park and shares road and utility access with the park.
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. Bruce Duncan, Attorney, Potter Clement Lowry and Duncan, P.A., representing the applicants, appeared before the Board and explained that this request was not a speculative rezoning and the request was primarily for small warehouses for sub-contractors, electrical or plumbing contractors that are in this area which would be in line with MP (Planned Industrial) zoning. He explained that Stanley and Cindy Hunt purchased the property prior to the Industrial Park being in place and had planned on building their dream home on the site until the Industrial Park began to surround the parcel making it unattractive as a residential site. He noted on the aerial photograph that the site was almost totally surrounded by industrial property. He stated that the surrounding property owners have expressed concern with aesthetics, the impact on the neighborhood, traffic concerns and environmental impacts to Indian House Lake. Mr. Duncan presented a series of photographs (Applicant's Exhibit A) and discussed same. He stated that the parcel was a 1,400 plus foot piece of property, and the proposed development would occur on the north 400 feet so there would be a 1,000 foot buffer between the development and Indian House Lake, and a 700 foot buffer between the mean high water line of Indian House Lake. He stated that there was a vegetation buffer within the 1,000 feet and there would be an additional landscaping buffer placed on the back side of the property. He presented a site plan (Applicant's Exhibit B) and discussed same. He stated that denial of this request would leave Stanley and Cindy Hunt with a parcel that was unsuitable for residential development. He explained that this rezoning will meet a demand in the area, will protect the integrity of Christopher C. Ford Central Park, will protect Indian House Lake and will diminish any negative impacts to the neighbors to the south by way of aesthetics with the buffer zone. He presented a copy of the Christopher C. Ford Industrial Park Master Site Development Plan (Applicant's Exhibit C). He noted the location of the parcel in relation to the Circuit City expansion at the Industrial Park and noted that the Circuit City expansion was contiguous with the site making it unattractive for residential development. In response to a question presented by Commr. Gerber, Mr. Duncan explained that the Industrial Park has an impervious surface ratio (ISR) of 70%, and the concerns of staff were for the benefit of the residents on the other side of Indian House Lake. He stated that the applicant had no objection to the lower 30% IRS for the property because they were only developing the north portion of the property. Discussion occurred regarding the proposed landscaping plan.
Ms. Cindy Hunt, the applicant, appeared before the Board and stated that, when they purchased their property in 1989, they were the only residents in the now Industrial Park which was zoned A (Agriculture). She stated that they lived in a mobile home as a temporary home and planned to build their dream home on the site. She stated that, when they were ready to build their home, the surrounding property was being rezoned industrial for the Industrial Park making it impractical to build a house on the property. She explained that their plan was a small project that will not disturb the existing environment. She requested that the Board grant her the equal opportunity to use her land, and the rezoning of the property was a logical and reasonable transition.
Mr. Joel Anderson, a resident on the south side of Indian House Lake, appeared before the Board and noted on the aerial photograph the location of his property and surrounding properties on Indian House Lake. He stated that this rezoning was further encroachment on the peace and quiet of a residential area. He stated that, if the Board continues to allow property owners to rezone the property on the north/west side of Indian House Lake, the Industrial Park will grow completely out of bounds. He discussed increased traffic on Highway 19 due to the Industrial Park. He stated that his main concern was what was going to happen on the site in the future.
Mr. Minkoff stated that, if the Board adopts the site plan as it is currently written, it would require another rezoning and a change in the ordinance to allow a change in use. It would be more beneficial to include the entire property in the rezoning to allow enforcement of the ISR ratings.
Ms. Jane Miller, representing Terry E. Miller, Kiyoko Caudle, Kay and Ken Roberson, and Allen and Camille Moore, appeared before the Board and noted the location of their residences on the aerial photograph. She stated that she does appreciation the Board's willingness to compromise. She requested assurance that the lower portion of the property would not be developed. She stated that the surrounding property owners want to protect the integrity of their lifestyle, the environment, and the surrounding areas. She expressed concern that they have no protection, even with the ISR rating of 30%,because the Board's position can change. She noted that there was a 25 acre environmentally protected parcel and suggested that the Board purchase the Hunt property and make it a protected area that would protect the wetlands, the wildlife, be consistent with the gopher tortoise refuge and it would protect all of the residences south of that area.
Mr. Duncan discussed the site plan. He stated that there has been discussion about eliminating the County's gopher tortoise reserve and removing the gopher tortoise reserve to an eco-bank in the Green Swamp Area of State Concern because of a problem with relocating the turtles onto the site.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to overturn the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2000-87, a request from Stanley and Cindy Hunt, Petition No. PH#28-00-2, to rezone from A (Agriculture) to MP (Planned Industrial) to allow for all uses in the Planned Industrial District to include a conservation easement on the lower one-half of the property, and the maximum impervious surface ratio shall be 30% of the gross development parcel - Tracking No. #52-00-MP.
Commr. Swartz requested clarification of a Class D buffer and landscaping; at which time Ms. Farrell explained that a Class D buffer and landscaping was the maximum buffer. Commr. Swartz stated that, although the trees may mask the facility visually, the concern was what type of uses were going to be there and if a fence was going to be necessary to mask some of the sound. He stated that it was the intent of the Board to require the maximum landscaping, buffer and fencing that would be necessary to minimize those impacts. He stated that the Industrial Park was subject to a DRI (Development of Regional Impact) and questioned how does the rezoning of private property around the Industrial Park come into play with regard to the County's DRI for the Industrial Park.
Mr. Minkoff explained that the DRI requirement only applies to one land owner whose development proposal exceeds the thresholds of the act.
Commr. Swartz stated that his concern was with the future expansion of this area. He urged the Board to address future expansion in the ordinance and to come back and address the overall masking of the height of the buildings in the Industrial Park. He asked that staff provide an update on what was actually required on the previous MP (Planned Industrial) zoning in terms of landscaping and buffering.
The Chairman called for a vote which carried unanimously by a 5 - 0 vote.
RECESS & REASSEMBLY
At 10:40 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 10:50 a.m.
PETITION NO. CUP#00/8/3-4 CUP in A TERRY ALLEN
CHERYL PENCE/AMERICAN TOWER CORPORATION
NEXTEL COMMUNICATIONS, INC. (CONTINUED)
Ms. Cheryl Pence presented a Cassia Site 100 foot Monopole Simulation (Applicant's Exhibit D) illustrating the proposed monopole with candelabra arms. She stated that Richard DeLange, Radio Frequency Engineer, Nextel Communications, Inc.; and Mr. Randy Curran, Verizon Wireless, were present to address questions. She stated that the proposed monopole was capable of holding a total of four or five carriers. She stated that the community voted not to take any action in regard to this request at a community meeting at the Cassia Community Center. She presented a series of photographs (Applicant's Exhibit E) illustrating the density and height of the trees in the area and illustrating the location of the monopole tower in relation to the Cassia Community Center. Discussion occurred regarding the appropriate type of telecommunication tower for the area in question.
Mr. Jonathan Landworth appeared before the Board in opposition to this request and presented a petition (Opposition's Exhibit 1) with signatures of residents and members of the Cassia Community Club in opposition to this request. He presented photographs (Opposition's Exhibit 2) illustrating a Nextel Communications's monopole located in the Tavares area. He suggested that a "flag pole" tower would be more appropriate for the location, and the proposed tower would not be so offensive if the antennas were inserted inside of the pole. He stated that a telecommunications monopole located so close to Highway 44 and behind a building with historic significance was inappropriate for the area.
Ms. Pence clarified that the monopole would be located 500 feet from Highway 44 behind trees and in the center of the property as required by Lake County Code. She stated that the "flag pole" design would not have the capability to transmit the distance required and, if they were required to put the antennas inside the pole, they would have to put up another site much closer than if they were allowed to do the candelabra arms with the antennas exterior to the pole. She stated that she was asking the Board to approve the least obtrusive, most aesthetically pleasing structure to provide a service to the community.
In response to a concern expressed by Commr. Swartz, Ms. Pence stated that, after approval of this site today, she and Nextel Corporation, Inc. would be pleased to make a presentation to the Board in regard to how many lower towers it would take to accomplish the same coverage provided by the taller towers.
Mr. Richard DeLange, Nextel Communications, Inc., appeared before the Board and explained that the proposed location would provide approximately 1 � miles of coverage and the number of sites needed can vary depending on the heights of the towers.
Commr. Swartz expressed concern that the Board would be seeing more of these requests and stated that this may be the appropriate time to determine if there was an innovative way to provide telecommunications towers in lieu of providing just the tallest towers.
There being no further public comment, the public hearing portion of the meeting was closed.
Mr. Minkoff requested that the Board include in the motion a provision that would require that proof of ownership be provided to the County prior to site plan approval.
Commr. Swartz stated that this would be the appropriate time to take Ms. Pence up on her offer to provide a presentation on the impact of shorter towers versus taller towers and suggestions for camouflage and other alternatives. He expressed concern that we are going to continue to see more and more of these requests.
In response to a question by Commr. Hanson, Mr. Landworth stated that nothing would be gained by moving the location of the tower to a less centrally located area on the property. He stated that the concern was the close proximity to Highway 44.
Ms. Pence explained that, when a company moves into a new jurisdiction, taller towers are needed for a framework to accomplish the initial coverage. As the system matures and as more towers are needed for capacity purposes, the height of the towers begin to lower which explains why the height is lower in the urban areas because there are more customers in urban areas. She stated that the analog system does transmit further than the digital system and the proposed tower was a digital system.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2000-84, a request by Terry Allen, Cheryl Pence/American Tower Corporation/Nextel Communications, Inc., Petition No. CUP#00/8/3-4, for a CUP in A (Agriculture) to include the requirement that proof of ownership be provided prior to site plan approval for placement of a 199 foot monopole tower with equipment shelter and ancillary facilities - Tracking No. #60-00-CUP.
Commr. Hanson requested that Ms. Pence provide a complete presentation on the issue of the impact of shorter towers versus taller towers.
Commr. Swartz stated that the fact that the Board recognizes that we are going to have opposition to telecommunication towers in every area suggest the need to find an alternative. Lake County Code encourages the Board to look for those innovated camouflaging techniques, and lower towers camouflaged would be less obnoxious than the taller towers. The Lake County Code allows the Board to ask the applicant to come back with alternatives to allow the Board to determine which of these in fact will not only adapt to the need of wireless but protects existing land uses from potential adverse impacts. He stated that Ms. Pence was the perfect individual to work with Nextel Communications to show Lake County and Central Florida that we can be a leader in finding alternatives. He stated that he would not support the motion because there was an opportunity to find a better way.
The Chairman called for a vote on the motion which carried by a 4 - 1 vote.
Commr. Swartz voted in opposition.
CONSENT AGENDA ITEMS
ORDINANCES
At this time, the Chairman opened the public hearing portion of the meeting on the Voluntary Revocation of Conditional Use Permits as listed on the Consent Agenda.
No one present wished to speak in opposition to the voluntary revocations.
There being no one present who wished to discuss the voluntary revocations, 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 accepted Voluntary Revocation of the following Conditional Use Permits:
Ordinance No. 2000-49
Revocation of CUP#93/11/4-5
Robert & Shirley McCain
Section 33, Township 17S, Range 27E
Ordinance No. 2000-50
Revocation of CUP#98/5/1-2
Sumang Williams
Section 21, Township 24S, Range 25E
Ordinance No. 2000-51
Revocation of CUP#91/10/1-5
Lawrence & Gladys Hough
Section 33, Township 17S, Range 27E
Ordinance No. 2000-52
Revocation of CUP#784-2
Abbie Holmes
Section 32, Township 21S, Range 24E
Ordinance No. 2000-53
Revocation of CUP#584-2
James McFarland
Section 12, Township 20S, Range 24E
Ordinance No. 2000-54
Revocation of CUP#107
Lori Urban
Section 25, Township 19S, Range 27E
Ordinance No. 2000-55
Revocation of CUP#886-4
Karen Lee Reecy
Section 27, Township 19S, Range 27E
Ordinance No. 2000-56
Revocation of CUP#939-3
Daniel & Laurie Klimczyk
Section 15, Township 21S, Range 25E
Ordinance No. 2000-57
Revocation of CUP#952-2
Ted & Eileen Varner
Section 12, Township 20S, Range 24E
Ordinance No. 2000-58
Revocation of CUP#1001-3
Hilda D. Teachout
Section 14, Township 23S, Range 25E
Ordinance No. 2000-59
Revocation of CUP#86/5/1-2
William & Ellen Bliss
Section 21, Township 22S, Range 24E
Ordinance No. 2000-60
Revocation of CUP#86/6/1-4A
Carmen & Theresa Alexander
Section 03, Township 19S, Range 28E
Ordinance No. 2000-61
Revocation of CUP#86/10/2-4
Jeffery & Norma Perrett
Section 13, Township 19S, Range 26E
Ordinance No. 2000-62
Revocation of CUP#86/12/4-5
Robert & Betty Walker
Section 19, Township 17S, Range 27E
Ordinance No. 2000-63
Revocation of CUP#88/4/1-2
Robert Hylander
Section 14, Township 20S, Range 24E
Ordinance No. 2000-64
Revocation of CUP#88/5/2-4
Ellie Johnston
Section 06, Township 16S, Range 27E
Ordinance No. 2000-65
Revocation of CUP#88/6/1-2
Anna Lovina Gregory
Section 21, Township 19S, Range 24E
Ordinance No. 2000-66
Revocation of CUP#88/8/3-1
Donald & Rochelle Montgomery
Section 27, Township 18S, Range 24E
Ordinance No. 2000-67
Revocation of CUP#88/11/3-1
Marsha Goss Finch
Section 33, Township 18S, Range 24E
Ordinance No. 2000-68
Revocation of CUP#88/11/4-4
Bruce Fischer
Section 19, Township 19S, Range 28E
Ordinance No. 2000-69
Revocation of CUP#89/2/3-2
Silver Springs Citrus Co-op
Section 30, Township 20S, Range 25E
Ordinance No. 2000-70
Revocation of CUP#89/11/5-3
Richard P. Ware, et al
Section 35, Township 24S, Range 26E
Ordinance No. 2000-71
Revocation of CUP#90/3/6-2
Patrick & Barbara O'Hare/Willis & Carole Lomax
Section 28, Township 23S, Range 24E
Ordinance No. 2000-72
Revocation of CUP#90/4/3-2
Travis Ray Newman
Section 01, Township 22S, Range 24E
Ordinance No. 2000-73
Revocation of CUP#90/5/4-2
Coy & Kimberly Tyson
Section 16, Township 23S, Range 24E
Ordinance No. 2000-74
Revocation of CUP#90/12/1-5
Marlin Cassidy, Sr.
Section 04, Township 18S, Range 25E
Ordinance No. 2000-75
Revocation of CUP#91/3/2-3
Albert & Debra Bori
Section 27, Township 23S, Range 25E
Ordinance No. 2000-76
Revocation of CUP#91/12/1-4
James & Regina Ball
Section 33, Township 19S, Range 29E
Ordinance No. 2000-77
Revocation of CUP#92/11/1-4
Ramon & Sue Stranger-Thorsen
Section 33, Township 19S, Range 27E
Ordinance No. 2000-78
Revocation of CUP#93/6/5-5
George Green
Section 24, Township 18S, Range 24E
Ordinance No. 2000-79
Revocation of CUP#93/7/1-2
Charles Bradshaw
Section 21, Township 23S, Range 26E
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, presented the request for approval and execution of a Special Master Agreement between Lake County, Peter M. Pendergast (the owner) and Larry King as Special Master in Case No. SM-9-00; and the request for approval and execution of a Special Master Agreement between Lake County, Harbor Hills Development, L.P. (the owners) and Bob Williams as Special Master in Case No. SM-8-00.
Commr. Hanson requested that staff provide a summary outlining the issues and the outcome of all of the Special Master cases.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of a Special Master Agreement between Lake County, Peter M. Pendergast (the owner) and Larry King as Special Master in Case No. SM-9-00; and the request for approval and execution of a Special Master Agreement between Lake County; Harbor Hills Development, L.P. (the owners) and Bob Williams as Special Master in Case No. SM-8-00.
ORDINANCES/PLANNING
Mr. Sandy Minkoff, County Attorney, presented the request for approval to advertise for the re-enacting of Ordinance No. 1998-95 providing for waiver and deferral of impact fees for day care centers.
Commr. Hanson questioned if this ordinance includes adult day care centers and stated that she would like for the Impact Fee Committee to look into the issue of providing for waiver and deferral of impact fees for adult day care centers.
Mr. Minkoff questioned if the Board would like to remove the sunset provision in the proposed ordinance.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to advertise for the re-enacting of Ordinance No. 1998-95 providing for waiver and deferral of impact fees for day care centers with the removal of Section 3. Sunset Provision.
COUNTY MANAGER
Ms. Sue Whittle, County Manager, presented a request from the Sheriff's Office to amend the Lake County General Fund in order to receive unanticipated revenue for Fiscal Year 1999/2000, in the amount of $16,250, and to approve the resolution to amend the law enforcement operating budget by $16,250 in September to help defray the cost of fuel. The check represents funds from the School Resource Officer Program which was paid to the Sheriff's Office by the Lake County School Board for light bars and radios for the cars. She noted that the Sheriff's Office was able to utilize those items from stock.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved to place on the agenda the above noted request from the Sheriff's Office.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved a request to approve Resolution No. 2000-122 amending the Lake County General Fund in order to receive unanticipated revenue for Fiscal Year 1999/2000, in the amount of $16,250, from the Lake County Sheriff's Office and provide appropriations for the disbursement of these funds to amend the operating budget of the Lake County Sheriff's Office.
COMMISSIONER HANSON - DISTRICT NO. 4
COUNTY PROPERTY
Commr. Hanson brought up for discussion an option to purchase a one acre parcel with a building located on the St. Johns River in the Astor area. She stated that the location has some historic significance and was located adjacent to the County boat ramp. She stated that the purchase price of the property was $325,000 and would be an asset to the County for recreational purposes.
Ms. Sue Whittle, County Manager, stated that the property has 375 feet on the St. Johns River. She stated that, if the Board was interested, staff would like authorization to proceed forward with appraisals and to look at possible funding options that would help the County with the purchase of the property.
Commr. Cadwell stated that the property in question was the site of the old hotel in Astor and has great historical significance. There was a building located on the property that would be very serviceable for public use, and a dock with three boat slips. He stated that the parcel along with the County owned boat ramp would provide a nice park for the Astor area on the St. Johns River. He stated that there was community support to help develop a community park.
It was the consensus of the Board to authorize staff to proceed forward with appraisals on a one acre parcel located adjacent to the County owned boat ramp on the St. Johns River in the Astor area and to look at funding options for the purchase of said parcel.
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5
FAIRGROUNDS/REPORTS
Mr. C.E. "Happy" Norris, Fair Manager, appeared before the Board and distributed the 1999-2000 Lake County Fair Annual Report , dated July 11, 2000. He reported that 553 youths participated in the livestock exhibit this year, 315 youths participated in the 4-H exhibit with 1,213 exhibits, and 52 youths participated in the fine arts exhibit with 157 exhibits. He stated that 33 Lake County Schools participated in the County Fair. He briefly discussed the Adventures in Agriculture which was a program implemented at the 1999 Fair. He stated that the program was focused around third grade students who are invited to the fair to tour the livestock facilities. He stated that they were interested and committed to a new multi-use complex and stated that Mr. Roy Osteen, President, has established a committee of Board and Corporate members to look into grant monies that were available to help defray the cost of a new facility. He stated that they need a commitment from the Board of County Commissioners to move forward with a new multi-use complex.
Commr. Hanson noted that Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, was requested at the Board Retreat on June 26, 2000 to look at the Lake Idamere Park location for a new multi-complex facility.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:05 p.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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