BCC Board Meeting Minutes

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 27, 2002

The Lake County Board of County Commissioners met in regular session on Tuesday, August 27, 2002, 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: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Debbie Stivender. Others present were: William (Bill) A. Neron, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner’s Office; and Judy Whaley, Deputy Clerk.

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

AGENDA UPDATE

Mr. Bill Neron, County Manager, informed the Board of County Commissioners (Board) that he would like to add, under his report, discussion regarding a recent Florida Supreme Court opinion that will affect the way the County allocates funding for fire protection and medical services.

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to announce a request for postponement, until December 2002, on Center Lake Properties, Inc., Rezoning Agenda Nos. 9-12, and Douglas S. Doudney, Rezoning Agenda Nos. 13-14, per letters from Ms. Cecelia Bonifay, Attorney, Akerman Senterfitt, representing the applicants, which were delivered to the Board on August 26, 2002. The letters were presented to the Deputy Clerk and were entered and marked as Exhibits A-1 and A-2 for the applicant.

Ms. Farrell also requested that Rezoning Agenda No. 8, Battaglia Fruit Co., Inc. be moved to the first item on the Rezoning Agenda.

Commr. Pool opened the public hearing portion of the meeting and called for public comment on the postponements on the Center Lake Properties, Inc. cases and the Douglas S. Doudney cases. It was noted that Ms. Cecelia Bonifay, Attorney, Akerman Senterfitt, representing the applicant, was present, and that no one wished to speak in opposition to the request for postponement. There being no public comment on the request for postponement, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request to postpone, until December 2002, Center Lake Properties, Inc. Rezoning Case Nos. MSP#02/3/2-2, LPA#01/9/2-2, PH#25-02-2, and LPA#02/3/2-2, and Douglas Doudney Rezoning Case Nos. LPA#01/4/1-2 and PH#17-02-2.

COUNTY MANAGER’S CONSENT AGENDA

COMMUNITY SERVICES - NATIONAL LITERACY MONTH PROCLAMATION

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Proclamation 2002-121, proclaiming September 2002 as National Literacy Month, and urging citizens to support and to participate in the Literacy Program found in the Lake County Library System.

PUBLIC HEARINGS: REZONINGS - LAND PLAN AMENDMENTS - CUPS

LAND PLAN AMENDMENT NO. LPA#01/4/2-2

BATTAGLIA FRUIT CO., INC. - CECELIA BONIFAY, ESQ.

RE-ADOPTION OF AMENDMENT TO THE FUTURE LAND USE MAP

TRACKING #41-01-LPA/RE-ADOPTION

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the re-adoption of Land Plan Amendment Case No. LPA#01/4/2-2, an amendment to the Future Land Use Map to change the land use designation from Urban Expansion to Urban. Ms. Farrell explained that this Comprehensive Plan Amendment was adopted by the Lake County Board of County Commissioners (Board) on July 24, 2001 (Ordinance No. 2001-111), prior to the adoption of the School Siting Ordinance; and that the Board will need to re-adopt, now that the School Siting Ordinance (Ordinance #2002-11) has been adopted. She stated that, if the Board approves this re-adopted amendment, it would be transmitted to the Florida Department of Community Affairs (DCA) during this amendment cycle.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that Ms. Cecelia Bonifay, Attorney, Akerman Senterfitt, representing the applicant, was present. No one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved to re-adopt Land Plan Amendment Case No. LPA#01/4/2-2, Battaglia Fruit Co., Inc., a request for an amendment to the Future Land Use Map to change the land use designation from Urban Expansion to Urban, Tracking #41-01-LPA/Re-Adoption, Ordinance 2002-65.

REZONING CASE NO. PH#33-02-1

MID-LAKES CHRISTIAN CHURCH - CFD TO A - TRACKING #59-02-Z

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss Rezoning Case No. PH#33-02-1, Mid-Lakes Christian Church, a request for rezoning from CFD (Community Facility District) to A (Agriculture). Ms. Farrell stated that the parcel was rezoned several years ago from A to CFD in order to build a church, but that the applicant has decided not to build a church, and, at this time, requests rezoning back from CFD to A. She stated that the request was approved by the Planning and Zoning Commission by a 7-0 vote.

Ms. Farrell stated that no permits have been pulled on the subject parcel, and that should a well be put on the parcel, it would be the private property owner’s responsibility to monitor it. She continued that for adjacent properties, if there is monitoring of wells, the monitoring would be done by the Department of Environmental Protection or Lake County, depending on the zoning and use.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present, and no one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case No. PH#33-02-1, Mid-Lakes Christian Church, a request for rezoning from CFD (Community Facility District) to A (Agriculture) to allow for those uses permitted in the Agriculture zoning district, Tracking #59-02-Z, Ordinance 2002-66.

REZONING CASE NO. PH#35-02-4

ROBERT HORVATITS AND DAVID MELONEY

R-6 AND RP TO CP AND RP TO R-2 - TRACKING #68-02-CP

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss Rezoning Case No. PH#35-02-4, Robert Horvatits/David Meloney, a request for rezoning from R-6 (Urban Residential) and RP (Residential Professional) to CP (Planned Commercial) for a computerized machine shop in an enclosed building; and rezoning adjacent property from RP (Residential Professional) to R-2 (Estate Residential) for construction of a residence on the residential portion of the property. She stated that the property, with some frontage on CR 437, is in the Mt. Plymouth/Sorrento Urban Compact Node and the building will be 3,500 square feet, which is under the maximum allowable of 5,000 square feet. She stated that staff was recommending approval, and that the request was approved by the Planning and Zoning Commission by a 7-0 vote.

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

Mr. David Meloney, applicant, stated that he now plans to construct a building of approximately 4,250 square feet.

No one wished to speak in opposition to the request. There being no further public comment, the public hearing portion of the meeting was closed.

Under discussion, Commr. Hanson noted that the subject parcel is in the Mt. Plymouth/ Sorrento Urban Compact Node Small Area Study and that work has been done on design standards for this area.

Ms. Farrell stated that the building design language, which is still in draft form, for the Small Area Study, could be shared with the property owner, especially the language regarding building facades.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case No. PH#35-02-4, Robert Horvatits/David Meloney, a request for rezoning from R-6 (Urban Residential) and RP (Residential Professional) to CP (Planned Commercial) to allow use of the site for a computerized machine shop in an enclosed building not to exceed 5,000 square feet; and rezoning adjacent property from RP (Residential Professional) to R-2 (Estate Residential) for construction of a residence, Tracking #68-02-CP, Ordinance 2002-67.

REZONING CASE NO. CUP#02/8/3-2

SHELLY HERNDON AND KIRK HAINES, VALLEY VIEW FARMS

CONDITIONAL USE PERMIT - TRACKING #65-02-CUP

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss Rezoning Case No. CUP#02/8/3-2, Shelly Herndon and Kirk Haines, Valley View Farms, a request for a Conditional Use Permit (CUP) in A (Agriculture) for a horse farm to allow for a boarding, breeding, training and riding facility and those uses permitted in Agriculture zoning. Ms. Farrell stated that this site, almost 12 acres, is in the Green Swamp area and that there are conditions in the proposed ordinance as approved by the Planning and Zoning Commission by a 7-0 vote. She noted that staff supports the request.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. No one wished to speak in opposition to the request.

Ms. Shelly Herndon, applicant, stated that she is aware of the restrictions in the Ordinance and is in agreement with them.

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

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case No. CUP#02/8/3-2, Shelly Herndon and Kirk Haines, Valley View Farms, a request for a Conditional Use Permit (CUP) in A (Agriculture) for a horse farm including a boarding, breeding, training and riding facility, Tracking #65-02-CUP, Ordinance 2002-68.

REZONING CASE NO. PH#36-02-4

WILLIAM GREENLEE AND ROBERT GREENLEE, TRUSTEES

LESLIE CAMPIONE, P.A. - A & R-1 TO R-2 - TRACKING #60-02-Z

Commr. Cadwell disclosed that he had spoken with Mr. Keith Shamrock of Shamrock Homes, who has contracted to purchase the property, regarding utilities. Commissioners Stivender, Pool, Hanson, and Hill also disclosed that they had spoken with Mr. Shamrock.

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss Rezoning Case No. PH#36-02-4, William S. Greenlee and Robert F. Greenlee, Trustees, a request for rezoning from A (Agriculture) and R-1 (Rural Residential) to R-2 (Estate Residential) to allow construction of a single-family residential development of approximately 50 homes. Ms. Farrell stated that this 25-acre parcel is situated between subdivisions platted in the 1970s and 1980s. She stated that staff recommends denial based on the central water and sewer requirement of the Lake County Comprehensive Plan (Comp Plan). She continued by stating that because this site is within the City of Eustis utility district for sewer service, hook up to a central sewer is required if available, or an internal sewer system must be built, with a hook up at a later date when central service is available. She added that staff could not support a request for R-2 zoning if septic tanks are planned.

Ms. Farrell commented that discussions had taken place at the Planning and Zoning Commission meeting and with Ms. Leslie Campione, attorney for the applicant, regarding a text amendment to the Comp Plan, in the future, for small sites that are wedged between existing developments, and where central sewer services might not be available. She added that adjacent projects, zoned R-3, are on central water and are developed at a density of 1.73 dwelling units per acre, which is less than the density for R-2 zoning.

Ms. Leslie Campione, Attorney, representing the Greenlee Trust and Shamrock Homes, addressed the Board by stating that the site is situated between Raintree Harbor and Biscayne Heights, two subdivisions that have developed quickly.

Ms. Campione presented, to the Deputy Clerk, a letter from Mr. Chin Khor, Senior Director of Public Services for the City of Eustis, which was entered and marked as Exhibit A-1, for the applicant; and a letter (four pages) from Ms. Campione to Ms. Farrell, which was entered and marked as Exhibit A-2 for the applicant.

Ms. Campione read from Mr. Khor’s letter, paragraph two, “The closest central sanitary gravity sewer is about two miles east of Fish Camp Road off of CR 452 at U.S. Nutraceuticals and Florida Food Products.” She stated that while the site is in the Eustis utility district, Mr. Khor’s letter points out that this area is not even on the City’s Five-Year plan for future improvements. She stated that she has been involved in other cases where staff has recommended approval of septic tanks for a development that was beyond 1,000 feet of central sewer service, but within a utility district. She remarked that staff’s analysis concludes that R-2 is a good, compatible zoning for this property and that recommendation for denial is, therefore, a conflict. She added that the sewer issue is a separate issue that needs to be addressed from a policy standpoint.

Ms. Campione requested that the Board grant the R-2 zoning. She then presented to the Board, a letter (Exhibit A-2) regarding proposed changes for the Comp Plan Policy 1-1.6A and 1-1.6B. She stated that she proposes, for consideration by the Board, an amendment to these two Policies in the Comp Plan which govern a mandatory connection to sewer service. She stated that she proposes that infill developments of 60 lots or less be permitted to proceed with septic tanks, at a density no greater than two units per acre, when the sewer lines are more than 1,000 feet away. She explained that, if the sewer lines are within 1,000 feet, lines are “available” and connection would be required. She stated that this would not waive the requirement that, in the future, those subdivisions or individual lot owners would have to connect if the utility provider had the service available and requested connection.

For subdivisions more than 60 lots and up to 250 lots, Ms. Campione stated that she proposes an incentive for developments within the sewer district which are more than 1,000 feet away from sewer lines. That incentive would require that lots be one-half acre in size, and be non-lakefront lots. She explained that the builder would make an economic determination as to whether to build on half-acre lots with septic tanks, build a lift station and connect to the central sewer, or put in a package treatment plant. She stated that lakefront lots would be required to be at least one acre in size if septic tanks were utilized.

Mr. Sandy Minkoff, County Attorney, suggested that another option for the developer, other than changing the Comp Plan, would be to request that the City of Eustis take this property out of their sewer district. He stated that, even with rezoning approval, the plat still would not be approved by staff, based on the current Comp Plan, if it doesn’t have central wastewater, and the developer still would not have development approval.

Ms. Campione stated that the subject parcel is on the edge of the Eustis sewer district, at Fish Camp Road, and that she likes the idea of approaching the City of Eustis, as well as other cities, regarding contracting some of the utility district boundaries.

There was discussion regarding postponing this request, for talks with and comments from the Cities, for drafting language to begin the process of amending the text of the Comp Plan, and for establishing specific criteria in these situations.

Ms. Campione requested a 30-day postponement, to allow time to talk with the City of Eustis regarding contracting the boundaries, and to allow time to work on a Comp Plan amendment.

Mr. Minkoff pointed out that, while preparation and transmittal of an amendment to the Comp Plan can take place, a December adoption by the Florida Department of Community Affairs (DCA) would not be realistic, and that the earliest adoption date might be the first transmittal cycle in 2003.

Commr. Pool opened the public hearing portion of the meeting and called for public comment on the postponement on the William Greenlee and Robert Greenlee Rezoning Case No. PH#36-02-4. It was noted that no one wished to speak in opposition to the request for postponement. There being no public comment on the request for postponement, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request to postpone, for 30 days, and directed staff to develop language for a text amendment to the Comprehensive Plan, on Rezoning Case No. PH#36-02-4, Tracking #60-02-Z.

REZONING CASE NO. PH#38-02-4

LEONARD R. SORENSEN - LINDA V. HUNTLEY

R-6 TO RP - TRACKING #63-02-RP

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss Rezoning Case No. PH#38-02-4, Leonard R. Sorensen - Linda V. Huntley, a request for rezoning from R-6 (Urban Residential) to RP (Residential Professional) to allow for residential, professional offices, specifically a speech pathology office. She stated that staff recommends approval.

Ms. Linda Huntley, Broker, Look Real Estate, addressed the Board on behalf of the applicant, Leonard R. Sorensen, who is requesting rezoning of the subject parcel for the pending sale to a speech pathology group. She stated that, to her knowledge, the prospective buyer has no plans to increase the size of the existing building.

Ms. Farrell stated that standard language in RP zoning is 5,000 square feet in a neighborhood setting, but that a lower cap on the square footage might be advisable. She added that the use could be limited to a specific use or the amount of square footage could be limited.

Ms. Huntley stated that if the pending sale doesn’t go through, the current owner would still request RP zoning, but would not want to be limited to a speech pathology office. She added that the size of the existing building is 1,407 heated/cooled square feet, and 2,025 gross square feet.

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

Mr. Russell Wise, who lives on Bay Road near the Sorensen property, addressed the Board, and stated that he, and surrounding neighbors, are opposed to the rezoning and have written letters to the Planning and Zoning Commission. He stated that it should be kept as residential, and that there is already too much traffic on Bay Road. He added that he had purchased a vacant lot across the street so that it would remain residential.

Ms. Farrell stated that with a use change, the property would be subject to development review, and that the site may get handicap parking spaces, under ADA (Americans with Disabilities Act) requirements, and landscape buffers, but that no ground sign will be allowed.

Commr. Hill read the third paragraph of the July 3, 2002, letter from the City of Mount Dora, as follows “The county should grant no approvals for this site until the owner has completed the necessary procedures to procure additional water service from the city.” She questioned the amount of traffic volume that might result from the amendment to allow professional services such as dental, orthodontist or doctor.

Ms. Huntley readdressed the Board, in rebuttal, and stated that three letters were received from Bay Road property owners opposing the change in zoning. She explained that the entrance that will be used on the subject parcel is on Triangle, and that the prior use was for a bookkeeping service without any impact on traffic. She stated that other properties in the area would indicate that this area is changing. She mentioned Zellie’s Pub, two mobile home parks that have RV rentals, an aluminum company, a church, a pot and pan sales company, a bakery, a hair salon, and a cabinet shop, all within the Bay Road-Highway 19 corridor. She stated that she doesn’t feel there will be any traffic impact on Bay Road. She asked the Board to review the study of the analysis of the land development regulations which shows the property’s proposed use is compatible with the northeast, north and northwest properties in the area.

There being no further public comment on the request for rezoning, the public hearing portion of the meeting was closed.

Under discussion, Commr. Hanson stated the rezoning should be limited to speech therapy, and that, if the pending sale does not go through, a request should be brought back to Planning and Zoning for any other use, based on this being a sensitive issue for the community.

Commr. Cadwell asked if limiting an RP zoning to a specific use is acceptable.

Mr. Sandy Minkoff, County Attorney, stated that in the past the Board has conditioned ordinances under RP zoning.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation by the Planning and Zoning Commission and approved Rezoning Case No. PH#38-02-4, Leonard R. Sorensen, a request for rezoning from R-6 (Urban Residential) to RP (Residential Professional), restricting the use to a speech therapy (pathology) office not larger than 2,200 square feet, Tracking #63-02-RP, Ordinance 2002-69.

REZONING CASE NO. PH#32-02-1

JOE SWIDERSKI - STEVEN J. RICHEY, PA

R-6 TO CP - TRACKING #53-02-CP

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss Rezoning Case No. PH#32-02-1, Joe Swiderski, a request for rezoning from R-6 (Urban Residential) to CP (Planned Commercial), to allow for commercial uses compatible within the surrounding area. She explained that this request was postponed in July 2002 in order to look at previously requested C-2 uses. She stated that the applicant has a conceptual site plan that will go through development review, and that staff recommends approval of the request for CP, based on the specific uses as listed in the ordinance.

Commr. Hill disclosed that she had spoken with Mr. Steve Richey, attorney for the applicant.

Mr. Steve Richey, Attorney for the applicant, addressed the Board, and stated that this rezoning request was re-advertised for CP use, after a decision that C-2 (Community Commercial) zoning might not be appropriate. He stated that the uses listed in the ordinance do not include a car wash, and are limited to retail (general and convenience), professional offices and other permitted uses. He explained that the subject parcel is behind a business located on U.S. Highway 441.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that no one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case No. PH#32-02-1, Joe Swiderski, a request for rezoning from R-6 (Urban Residential) to CP (Planned Commercial) to allow for commercial uses compatible within the surrounding area, Tracking #53-02-CP, Ordinance 2002-70.

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

At this time, Commr. Stivender returned to the meeting.

REZONING CASE NO. CUP#02/5/3-2

DANIS INDUSTRIES - DALLAS WOLFORD

VOLUNTARY REVOCATION OF CUP#616-3(A&B) - TRACKING #41-02-CUP/REV

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss Rezoning Case No. CUP#02/5/3-2, Danis Industries, Dallas Wolford, a request for voluntary revocation of CUP#616-3(A&B), which was permitted for use as a borrow pit and landfill for construction and demolition debris and disposal of shredded tires. Ms. Farrell stated that there have been questions over the last couple of months regarding landscaping and compliance with the Lake County Code. She continued by stating that staff supports releasing the CUP for the two stated uses, the borrow pit and landfill, leaving the property with LM (Light Industrial) zoning. She mentioned a letter from the Florida Department of Environmental Protection (DEP) that is included in the backup material, and stated that DEP will reinspect the site on September 1, 2002.

Ms. Farrell showed four photographs of the site which were taken on August 26, 2002. The photographs were presented to the Deputy Clerk and were entered and marked as Exhibit LC-1, for Lake County. She stated that staff members have met with Mr. Joseph Maxwell, an adjoining property owner.

Mr. Jimmy Crawford, Attorney, Gray, Harris and Robinson, who represents Prestige Gunite, which is the current owner of one half of the site that used to be Danis Environmental, addressed the Board. Mr. Crawford stated that Prestige Gunite has been working extensively with DEP and the County’s staff on the stormwater system. He clarified that the underlying zoning is MP (Planned Industrial) with LM (Light Industrial) and HM (Heavy Industrial) uses.

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

Mr. Joseph Maxwell, an adjoining property owner, addressed the Board and expressed his continuing concerns regarding a well system being within 100 feet of a retention pond, the removal of a tree buffer, high grass, weeds and vines on the fence, and not having a letter of compliance from DEP.

Discussion followed regarding monitoring by Lake County Code Enforcement and DEP’s ability to carry out their duties if the CUP is revoked.

Mr. Maxwell stated that he has no objection to the revocation of the CUP.

Commr. Pool stated that continued monitoring will take place.

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

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case No. CUP#02/5/3-2, Danis Industries, Dallas Wolford, for the voluntary revocation of CUP#616-3(A&B), Tracking #41-02-CUP/REV, Ordinance 2002-71.

RECESS AND REASSEMBLY

At 10:15 a.m., Commr. Pool announced that the Board would recess for 10 minutes.

LAND PLAN AMENDMENT NO. LPA#01/9/4-2

W. T. COX, JR., TRUSTEE - STEVEN J. RICHEY, PA

SUBURBAN TO URBAN EXPANSION - TRACKING #124-01-LPA

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss Land Plan Amendment Case No. LPA#01/9/4-2, W. T. Cox, Jr., Trustee, a request for an amendment to change the future land use designation from Suburban to Urban Expansion. Ms. Farrell stated that this request was transmitted to the Florida Department of Community Affairs (DCA) in March 2002, and that today’s hearing is the adoption hearing. She added that while DCA has expressed some concerns in their Objections, Recommendations, and Comments (ORC) Report, which is included in the backup material, those concerns and questions about Chapter 9J-5, Florida Administrative Code (FAC), and a letter from the City of Groveland, regarding central sewer, will be addressed with the adoption package. She stated that there are only 22 acres of developable land and the parcel, which is less than two miles from the City of Groveland, has been platted. Ms. Farrell stated that staff supports this request.

Mr. Steve Richey, Attorney for the applicant, addressed the Board and stated that Mr. Greg Beliveau, LPG Urban & Regional Planners, performed a Chapter 9J-5, FAC, evaluation which was filed with the County staff, along with some recent photographs. He stated that he feels comfortable that the applicant has answered the State’s concerns with regard to this application.

The evaluation, a map and a copy of an aerial photograph were presented to the Deputy Clerk and were entered and marked as Exhibits A-1, A-2, and A-3 for the applicant.

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

Ms. Nancy H. Fullerton, speaking as a concerned resident of South Lake County and as President of the Alliance to Protect Water Resources, Inc., addressed the Board and made reference to a letter of objection, included in the backup material, that was faxed to the Board on March 15, 2002. She stated that the Alliance stands by that same position. She commented that their concern is primarily based on the fact that within this property, which borders the Palatlakaha wetlands, a density would be allowed that places too high of a burden on the sensitive lands. She read the following sentence from the DCA’s ORC Report, “The County is encouraged to initiate the process of revising its comprehensive plan based on it (sic) Evaluation and Appraisal Report and delay the adoption of these land use changes until a new plan is developed for the south Lake County area.” She quoted from a Florida Department of Environmental Protection’s (FDEP) letter which is included in the backup material, “...the Department recommends that arrangements for sewage treatment be made before the parcel is developed.” She stated that it is her understanding that the subject property, and the adjacent Marsh Hammock Subdivision, would be developed on septic tanks.

Ms. Fullerton quoted from a letter, included in the backup material, from the St. Johns River Water Management District (District), as follows, “The City of Groveland is currently seeking a renewal of its CUP with the District. At this point it is unclear whether the water use of this proposed amendment was included in the CUP application. Regardless, both Clermont and Groveland are facing serious water shortages and it should not be assumed that water would be available to supply these developments.......the District is concerned most with the availability of additional groundwater from the Floridan aquifer. The Floridan aquifer in the Lake County area cannot sustain significant increases in withdrawals without resultant unacceptable impacts to the water resources and related natural systems.”

Ms. Fullerton reiterated that the Alliance feels that urban expansion allows a density that could do significant harm to the Palatlakaha wetlands, and believes the Board should deny the land use adoption.

Commr. Pool noted, for the record, that he has an in-law involved with this request, and stated that he would be declaring a Conflict of Interest and would abstain from the discussion and vote.

Commr. Pool then passed the gavel to the Vice Chairman, Commr. Cadwell, who asked for additional public comment.

Mr. Richey readdressed the Board, in rebuttal, and showed a 2001 aerial photograph (Exhibit A-3), and noted existing development in the area. He stated that, in his opinion, the applicant has met the concerns raised in the DCA’s ORC Report.

Ms. Farrell explained that out of the 60-acre subject parcel, only 22 acres are developable, and at 2.5 units per acre, there would be approximately 55 lots. She added that central water and central sewer are required.

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

Under discussion, Mr. Richey stated that the undeveloped portion of the subject parcel, approximately 63%, will be put in a conservation easement when the applicant goes back to the St. John’s Water Management District permitting.

On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved the adoption hearing on Land Plan Amendment Case No. LPA#01/9/4-2, W. T. Cox, Jr., Trustee, an amendment to the Lake County Comprehensive Plan, Future Land Use Map from Suburban Future Land Use to Urban Expansion Future Land Use, Tracking #124-01-LPA, Ordinance 2002-72.

Commr. Pool had declared a conflict of interest and abstained from the discussion and the vote.

COMPREHENSIVE PLAN TEXT AMENDMENT LPA#02/6/1

OFFICE EMPLOYMENT CENTER DESIGNATION

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the Comprehensive Plan (Comp Plan) Text Amendment, and stated that the Comp Plan encourages Office Employment Centers. Ms. Farrell explained that this short text amendment provides for an Office Development within the Comp Plan that also includes language to ensure that residential uses could be part of a mixed use Planned Unit Development (PUD) that would include office use and residential uses. She referenced the Planning and Zoning Commission’s minutes, which are included in the backup material, and referenced the addition of language (Exhibit LC-1) to Section 3.3.e “Residential units may be permitted as part of a mixed Planned Unit Development.”

Ms. Farrell emphasized that the amendment encourages mixed use, especially in the area near the Florida Turnpike intersection, connecting as much as possible, through site planning, to the residential use to the north. She stated that staff recommends approval to the text change.

Commr. Cadwell pointed out that the County’s economic development policy encourages these mixed-use type projects, including residential, and motels, and expressed his appreciation to the County staff for their work.

Mr. Bill Neron, County Manager, confirmed that this type of mixed use capability of office complexes with nice amenities and good landscaping will help attract high-tech jobs to the community.

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

Mr. Steve Richey, Attorney representing Golden Fleece Groves, addressed the Board and stated that the text amendment would complete the promises and representations made by Golden Fleece that this employment center would be limited to this type of use, rather than uses such as trucking companies. He stated that they anticipate attracting professional offices and high tech firms. He asked that the Board pass the text amendments.

On a motion by Commr. Stivender, 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 text amendment to the Lake County Comprehensive Plan LPA#02/6/1, Office Employment Center Designation, Ordinance 2002-73.

LAND PLAN AMENDMENT NO. LPA#01/9/6-3

GOLDEN FLEECE GROVES, INC., LAND OF GROWTH INVESTMENT CORP

AND CHARLES HWANG - MAP AMENDMENT FROM SUBURBAN TO OFFICE

EMPLOYMENT CENTER - TRACKING #125-01-LPA

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss Land Plan Amendment Case No. LPA#01/9/6-3, Golden Fleece Groves, Inc., Land of Growth Inv. Corp and Charles Hwang, an adoption hearing, a request for a map amendment to change the Future Land Use Map designation from Suburban with a Neighborhood Activity Center designation to an Office Employment Center. She stated that the 285-acre subject parcel is at the intersection of the Florida Turnpike and US Highway 27 (Hwy 27), and that the Comprehensive Plan (Comp Plan) provides that the County should be placing an office use at that location. She noted that the County has a letter from the City of Leesburg provisioning utilities, stating that they are willing and able to serve the parcel. She stated that staff recommended approval in March 2002 and that staff supports the adoption and transmittal to the Florida Department of Community Affairs (DCA). She added that staff will address any other issues that might be outstanding with DCA.

Mr. Steve Richey, Attorney for the applicant, addressed the Board and stated that the DCA, in their Objections, Recommendations and Comments (ORC) Report, asked for traffic information about the capacity of the Florida Turnpike and Hwy 27 area. He referenced a study, which is included in the backup material, prepared by Graaff Engineering, Inc., which should answer questions in the ORC Report.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. No one wished to speak in opposition to the request. There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, 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 adoption hearing on Land Plan Amendment No. LPA#01/9/6-3, Golden Fleece Groves, Inc., Land of Growth Investment Corp. and Charles Hwang, a request for a map amendment to change the Future Land Use Map designation from Suburban to an Office Employment Center, Tracking #125-01-LPA, Ordinance 2002-74.

OTHER BUSINESS

MOUNT PLYMOUTH-SORRENTO URBAN NODE SMALL AREA STUDY

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to announce that Mr. Geoff McNeill of Miller Sellen Conner & Walsh, a community planning, design and engineering company, will make a presentation to the Board on September 17, 2002, regarding the Mt. Plymouth-Sorrento Urban Node Small Area Study.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

SOLID WASTE MANAGEMENT

Mr. Bill Neron, County Manager, addressed the Board and stated that on July 23, 2002, the Board adopted Ordinance 2002-57, amending Chapter 21 of the Lake County Code to provide for universal collection of solid waste and recovered materials, effective October 1, 2002. He stated that staff renegotiated the solid waste hauler agreements to reflect the increased number of customers, enabling a proposed reduction in the millage increase. He explained that in order to implement universal collection on October 1, 2002, these contracts need to be approved. He pointed out that should the Board change its mind, during upcoming budget hearings, those contracts would be in place, and there would be some liability. Mr. Neron stated that waiting until after the final budget hearing on September 17, 2002, to approve the contracts might not give the haulers sufficient time to get their equipment in place in order to begin universal collection by October 1, 2002. He recommended that, with this fiscal commitment awareness, the Board approve the contracts.

Commr. Hanson commented that the public might not know that the transfer of costs from the hauler to the tax bills does not result in a significant increase in the solid waste costs, in most cases.

Mr. Neron added that there will be a short presentation at the public hearing on September 3, 2002, explaining solid waste costs and universal collection

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the request and authorized the Chairman to execute the Amended Solid Waste and Recycling Collection Contracts with Waste Management, Florida Recycling Services and Onyx Waste Services, subject to County Attorney approval.

PRIVATIZATION OF RECYCLING

Mr. Bill Neron, County Manager, addressed the Board regarding the status of the privatization of recycling. He stated that the RFPs (Request For Proposals) have been received and that staff has selected the primary responder, and that item should be on the Board’s agenda for September 3, 2002.

OTHER BUSINESS

APPOINTMENTS TO ENVIRONMENTAL LANDS MANAGEMENT AND

ACQUISITION STUDY COMMITTEE

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Mr. Dale Coon and Mr. Steve Richey, as members in District 1, to the Environmental Lands Management and Acquisition Study Committee.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Ms. Andrea Burr and Ms. Hillary Knepper, as members in District 4, and under Specified Interest or Profession, appointed Mr. Stephen Adams, Natural Science and Mr. Richard Dunkel, Outdoor Sports, to the Environmental Lands Management and Acquisition Study Committee.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board appointed Ms. Eloise Fisher and Ms. Patricia Warner, as members in District 4, and under Specified Interest or Profession, appointed Dr. Robert Taylor, Physical Science, to the Environmental Lands Management and Acquisition Study Committee.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board appointed Mr. Paul W. Bryan, as a member in District 5, to the Environmental Lands Management and Acquisition Study Committee.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board appointed Ms. Jody Bryant Newman and Mr. Sean Parks, as members in District 2, and under Specified Interest or Profession, appointed Mr. Robert (Bob) Resetar, Environmental Group, to the Environmental Lands Management and Acquisition Study Committee.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Mr. Robert L. Lyles, in the Specified Interest or Profession of Banking and Finance, to the Environmental Lands Management and Acquisition Study Committee.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board ratified as members, in the Specified Interest or Profession category, Mr. George Smallwood, Engineer, and Ms. Teresa (Terry) Godts, Agricultural; and ratified the following: Mr. Claude Smoak, United Chambers of Lake County; Mr. Glenn Tyre, Greater Lake County Association of Realtors; Mr. Craig Hegstrom, Home Builders Association; Mr. John Benton, League of Cities; Mr. David Knowles, League of Cities; Mr. Michael Perry, Lake County Water Authority; Mr. Robert (Robbie) Ross, Lake County Property Appraiser; Mr. Greg Beliveau, Lake County Tax Collector; Ms. Phyllis Patten, Lake County School Board; and Ms. Nadine Foley, Lake Soil & Water Conservation District, as recommended members to the Environmental Lands Management and Acquisition Study Committee.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board appointed Commr. Catherine Hanson as County Commissioner Liaison to the Environmental Lands Management and Acquisition Study Committee.

Mr. Sandy Minkoff, County Attorney, reiterated that this committee falls under the Sunshine Law, and that the members should not be communicating amongst themselves from this point on.

Mr. Bill Neron, County Manager, announced that he is designating Mr. Gregg Welstead, Deputy County Manager, as the County’s staff coordinator for this committee.

Mr. Welstead stated that the initial committee meeting is planned for late September 2002, that Sunshine Law discussion will take place at that meeting, and that his office will immediately send a letter to committee members informing them of their limitations under the Sunshine Law. He added that the next planning meeting is October 4, 2002.

REPORTS - COUNTY MANAGER

SUPREME COURT OF FLORIDA OPINION

Mr. Bill Neron, County Manager, addressed the Board and stated that the Supreme Court of Florida (Court) issued an opinion August 22, 2002, in the City of North Lauderdale v. SMM Properties, Inc., et al. case (No. SC00-1555) that deals with the use of special assessments as it relates to funding the medical aspect of fire protection services. He stated that the Court case cited extensively the Water Oak’s cases (Lake County v. Water Oak Management Corp.695 So. 2d 667, 669 (Fla. 1997) and Water Oak Management Corp. v. Lake County, 673 So. 2d 135, 137 (Fla. 5th DCA 1996)). He explained that the Court case says those medical-type costs have to be identified and cannot be paid through a non-ad valorem assessment. He stated that talks have been held between the County staff, the County Attorney, and the attorneys involved with the Court case regarding fiscal impacts, options, special assessment methodology, and compliance. He stated that a staff report will be made to the Board prior to the September 3, 2002, Board meeting on recommendations as to the initial actions necessary to come into compliance with the opinion.

REPORTS - COMMISSIONER HILL

CITY OF LEESBURG - FRONT PORCH COMMUNITY

Commr. Hill informed the Board that she had an item that she would like to have placed on the Agenda regarding the City of Leesburg’s Front Porch Community. She stated that this is a community development corporation which, with the City, is being formed to revitalize Leesburg’s residential areas, and that the City seeks an endorsement letter from the Board.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a letter of support, on behalf of the Board, for the City of Leesburg’s Front Porch Community project.

REPORTS - COMMISSIONER HILL

BOY SCOUTS AND GIRL SCOUTS CAMPAIGN CHAIR

Commr. Hill announced that she will be the 2003 Campaign Chair for fund raising for the Boy Scouts and Girl Scouts. It was the consensus of the Board that Commr. Hill, as Campaign Chair, could use Lake County letterhead for the 2003 fund-raising drive.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:20 a.m.

__________________________________

ROBERT A. POOL, CHAIRMAN

ATTEST:

______________________________

JAMES C. WATKINS, CLERK

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