A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 26, 2002

            The Lake County Board of County Commissioners met in regular session on Tuesday, November 26, 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; Jennifer Hill; and Debbie Stivender. Commissioners not present: Catherine C. Hanson. Others present were: William A. “Bill” Neron, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Toni M. Riggs, Deputy Clerk.

            INVOCATION AND PLEDGE

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

            STUDENT GOVERNMENT DAY

            Commr. Pool informed the Board that today is Student Government Day, and he welcomed those students who were present.

            COMMISSIONERS

            Commr. Pool noted that Commr. Hanson is at the Governor’s Task Force on the Wekiva today in Orlando.

            AGENDA UPDATE

            Mr. Bill Neron, County Manager, stated that he has two verbal items he would like to bring up under his business relating to the legislative program, and a letter of support for Roger Amon, Administrator of the Lake County Health Department.

            Mr. Neron noted that, when the Board gets to the zoning agenda, Commr. Hanson has requested that they pull Agenda Item 11 and delay that hearing until a future time.

            COUNTY MANAGER’S CONSENT AGENDA

            AGREEMENT - STORMWATER RETROFIT - LAKE DORA AVENUE

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved an amendment to RFP #02-044, Agreement between Lake County, Florida and Professional Engineering Consultants, Inc., to include Construction Engineering and Inspection Services for a stormwater retrofit project on Lake Dora Avenue.

 


            AGENDA UPDATE

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by 4-0 vote, the Board approved to place on the agenda the items noted by Mr. Bill Neron, County Manager, pertaining to the legislative program, and a letter of support for Roger Amon, Administrator of the Lake County Health Department

            COUNTY’S LEGISLATIVE PROGRAM

            Mr. Bill Neron, County Manager, stated that, as he sent to the Board by memo, staff delivered their legislative program to the Legislative Delegation yesterday. As staff was preparing it, they inadvertently left out a page asking the legislature to fully fund Article V, which was consistent with previous action by the Board. He added it to the package that was delivered to the Delegation yesterday, but he wanted the Board to ratify that action.

            Commr. Cadwell stated that they had their first meeting of the Florida Association’s Article V Committee, and they are putting together some language for consideration by the legislature. He stated that they have to realize they are going to have offer some funds from somewhere, and they are going in the direction that, if there is going to be any cost shifts back to the counties, it be will be for programs that they control. Commr. Cadwell stated that they have not offered anything yet for consideration

            Commr. Stivender stated that the Legislative Delegation is meeting December 4, 2002, and Commr. Cadwell will be destined for the Florida Association of Counties so, if he would give her the information, she will get it to the Delegation.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved to ratify action of the County Manager, in delivering to the legislature the Board’s request to fully fund Article V, which was consistent with previous action of the Board.

            ZONING

            Commr. Pool stated that there are some citizens present for Tab 11, Rezoning Case PH#40-02-4, Lake County Parks & Recreation Dept., Lake County Board of County Commissioners, Tracking #70-02-CFD, which will be pulled from the zoning agenda and not heard today.

            Mr. Sandy Minkoff, County Attorney, stated that a vote will be needed to postpone the case, and the only issue for hearing would be the postponement.

 


            REZONING CASE PH#40-02-4, LAKE COUNTY PARKS & RECREATION DEPT.

            LAKE COUNTY BOARD OF CO. COMMISSIONERS, TRACKING #70-02-CFD

 

            Commr. Pool opened the public hearing on Rezoning Case PH#40-02-4, Lake County Parks & Recreation Dept., Lake County Board of County Commissioners, Tracking #70-02-CFD, and called for public comment.

            Mr. Bob Stevens, Parks and Recreation, addressed the Board and stated that there is a desire to instigate conversation with the City of Mount Dora, to determine their interest in this matter. There are homeowners that are interested in being involved in that conversation, and they are interested in whatever the County, or the City, might be willing to do, as far as future ownership.

            Commr. Pool called for further public comment. There being none and no one present in opposition to the request for postponement, the public hearing portion of the meeting was closed.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved to postpone PH#40-02-4, Lake County Parks & Recreation Dept., Lake County Board of County Commissioners, Tracking #70-02-CFD, until the January, 2003, meeting.

            APPOINTMENTS - COUNTY HEALTH DEPARTMENT

            Mr. Bill Neron, County Manager, explained that staff received a letter from the Governor’s Office asking if the Board is satisfied with Roger Amon’s administration at the Lake County Health Department. Mr. Neron stated that he has drafted a letter of support to send to the Governor’s Office, and he wanted the Board to ratify that action before he sent the letter.

            Commr. Hill stated that she has worked with Mr. Amon, who is on the Governor’s Task Force for Alliance for Children, and he has done a really good job, and he is in the community quite a bit. She would recommend that the Board approve the request.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved to ratify action of the County Manager, to send a letter of support to the Governor’s Office, for Rodger Amon, who is jointly appointed by the State and the County as the Administrator of the Lake County Health Department.

 


            PUBLIC HEARINGS -

            PETITION NO. 992 - JIM STIVENDER, JR., DIRECTOR, PUBLIC WORKS

            MINNEOLA AREA - COMMISSION DISTRICT 2

 

            Mr. Fred Schneider, Engineering Director, addressed the Board to discuss Petition No. 992, a request to vacate an easement located in Section 8, Township 22 South, Range 26 East in the Plat of Howey Subdivision “A” in the Minneola area. Mr. Schneider explained that homes have been built on the old right-of-way, and the request is to clear title, and to clean up the old right-of-way. Staff is recommending approval of the request.

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

            Mr. Billy Miley stated that he is in favor of the vacation.

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

            Commr. Pool stated that the request is in his district, and he is in favor of it.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved Petition No. 992 by Jim Stivender, Jr., Director, Public Works, approval and execution of Resolution 2002-202 to vacate an easement located in Section 8, Township 22 South, Range 26 East in the Plat of Howey Subdivision “A” in the Minneola area - Commission District 2.

            REZONING

            Mr. Jeff Richardson, Chief Planner, Planning & Development Services, stated that the Board has already acted on Tab 11, PH#40-02-4, Lake County Parks & Recreation Department, Tracking #70-02-CFD, and there are two other items that will be changes to the agenda. Mr. Richardson stated that staff has received a letter requesting a 60 day postponement on Tab 6, PH#49-02-1, Robert C. Grigsby, Steven J. Richey, P.A., Tracking #87-02-CP/AMD. Staff has also received a request for withdrawal of Tab 13, CUP#01/10/1-2, Tom Dougherty/Rocky Mount Dev., Tracking #54-02-CUP/AMD.

            REZONING CASE PH#49-02-1 - ROBERT C. GRIGSBY, STEVEN J. RICHEY, P.A.

            AMENDMENT TO CP ORDINANCE #88-88 - TRACKING #87-02-CP/AMD

 

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved to postpone PH#49-02-1, Robert C. Grigsby, Steven J. Richey, P.A., Tracking #87-02-CP/AMD, for 60 days, as requested by the applicant’s attorney.

 


            REZONING CASE CUP#01/10/1-2 - TOM DOUGHERTY/ROCKY MOUNT DEV.

            AMENDMENT TO CUP#910A-3 AND CUP#982A-3 - TRACKING #54-02-CUP/AMD

 

            Staff noted that a withdrawal requires no vote. As noted, this case had been withdrawn.

            REZONING CASE PH#57-02-5 - ELEUTERIO & ALEJANDRA LEIJA

            R-1 TO A - TRACKING #96-02-Z

 

            Mr. Ron Thomasson, Senior Planner, Planning & Development Services, addressed the Board to discuss Rezoning Case PH#57-02-5, Eleuterio & Alejandra Leija, Tracking #96-02-Z. Mr. Thomasson stated that the family had approached their department with a request to do a lot split, and it was incompatible with their zoning. The previous zoning had been agriculture, but the previous owner had rezoned it to R-1 seven years ago. Mr. Thomasson stated that their application for A zoning is compatible with the land use patterns of the area, and it is consistent with the Land Development Regulations (LDRs) and Future Land Use Map, and staff is recommending approval. The Planning and Zoning Commission approved the request by a unanimous vote, and staff has received no letters of opposition, or support.

            Commr. Pool opened the public hearing 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. Cadwell, seconded by Commr. Stivender 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#57-02-5, Eleuterio and Alejandra Leija, Tracking #96-02-Z, a request for rezoning from R-1 (Rural Residential District) to A (Agriculture District) to allow for those uses permitted in this zoning district, with the condition that Sections 1.A. and B. On Page 2 of Ordinance 2002-88 be eliminated.

            REZONING CASE PH#55-02-1 - GODFREY CUSTOM HOMES, INC.

            JOE GODFREY - PFD TO R-4 - TRACKING #93-02-Z

 

            Mr. Ron Thomasson, Senior Planner, Planning & Development Services, addressed the Board to discuss Rezoning Case PH#55-02-1, Godfrey Custom Homes, Inc./Joe Godfrey, Tracking #93-02-Z, and stated that Godfrey Custom Homes, Inc. recently built a subdivision called Emerald Green Phase III on property located on Treadway School Road. Mr. Thomasson stated that this property was zoned PFD under the old zoning regulations, and the information had not been put on the official map many years ago. When Emerald Green Subdivision was platted and approved for construction by the Board of County Commissioners, it was based upon an assumption of zoning, which turned out to be incorrect, and this case is to correct that situation. They are requesting R-4 zoning, which is consistent with the zoning in the area, and the PUD to the west is R-6 with a CUP on it. Staff has already been approached by two of the owners of that PUD that has been selling off in parcels to also request R-4 zoning. The request meets all requirements and staff is recommending approval. The Planning and Zoning Commission unanimously approved the application, and there were no letters of opposition, or support of the request

            Commr. Hill disclosed that she did do a site visit on November 16, 2002.

            Commr. Pool opened the public hearing 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.

            Commr. Hill stated that there are nine homes already under construction and questioned whether this was another phase of Emerald Green.

            Mr. Thomasson stated that this is not a phase of the PUD, and the record shows that the Board approved the platting in August, 2002.

            Commr. Hill stated that the request is compatible with the area, and she would rather the Board delay approving plats, until they have the rezoning in place, otherwise, she did not have a problem with the request, and it is compatible with the area.

            Mr. Joe Godfrey, applicant, addressed the Board and stated that the plat has already been recorded. He explained that no one realized that the zoning was incorrect and this was discovered after he had recorded the plat with the County. When he went to pull the first nine permits for the subdivision, he was told that he did not have the right zoning. Mr. Godfrey noted that this is not another phase of Emerald Green.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case PH#55-02-1, Godfrey Custom Homes, Inc./Joe Godfrey, Tracking #93-02-Z, a request for rezoning from PFD (old designation of Public Facilities District - now

referred t as CFD/Community Facilities District) to R-4 (Medium Suburban Residential District) to allow for those uses permitted in this zoning district, Ordinance 2002-89.

            REZONING CASE CUP#02/11/2-5 - DEERHAVEN CAMPGROUND

            JOHN S. CRONIN - REORGANIZED CHURCH OF JESUS CHRIST OF LATTER

            DAY SAINTS - AMENDMENT TO EXISTING CUP#254-5

            TRACKING #94-02-CUP/AMD

 

            Mr. Rick Hartenstein, Planner, Planning & Development Services, addressed the Board to discuss Rezoning Case CUP#01/11/2-5, Deerhaven Campground/John S. Cronin. Mr. Hartenstein explained that the request is to amend the existing CUP#254-5, to add an additional dormitory and cottages and staff housing. The Planning and Zoning Commission approved it 10-0, and some additional issues will be considered at development review, in terms of amending their site plan. Staff is recommending approval of the request.

            Commr. Pool opened the public hearing 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. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case CUP#02/11/2-5, Deerhaven Campground/John S. Cronin, Reorganized Church of Jesus Christ of Latter Day Saints, Tracking #94-02-CUP/AMD, a request for an amendment to the existing CUP#254-5 to allow additional residential, staff housing, and sleeping quarters, Ordinance 2002-90.

            REZONING CASE PH#51-02-1 - DANIEL AND HELEN CARR

            R-6 TO RP - TRACKING #89-02-RP

 

            Mr. John Kruse, Senior Environmental Specialist, Planning and Development Services, addressed the Board to discuss Rezoning Case PH#51-02-1, Daniel and Helen Carr, and stated that staff has reviewed the request and found it to be consistent with the Future Land Use Map, Comprehensive Plan, and Land Development Regulations (LDRs). Staff is recommending approval of the request and the Planning and Zoning Commission approved it 10-0.

            Commr. Pool opened the public hearing 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.

            Commr. Hill stated that the request is in her district, and she did make another site visit to this area. It is an existing home, and they wish to make a residential/professional office. They are changing the access off of CR 473 to Lake Eustis Drive to help with the traffic flow.

            Commr. Hill make a motion, which was seconded by Commr. Stivender, to uphold the recommendation of the Planning and Zoning Commission and approve Rezoning Case PH#51-02-1, Daniel and Helen Carr, Tracking #89-02-RP, a request for rezoning from R-6 (Urban Residential) to RP (Residential Professional), to allow for a residential/professional office, Ordinance 2002-91.

            Under discussion, Mr. Fred Schneider, Engineering Director, addressed the Board and stated that, at the Planning and Zoning Commission meeting, staff discussed making a determination of the correct location for the driveway during the site plan process, because of concerns expressed by some of the residents.

            Mr. Sandy Minkoff, County Attorney, stated that the current ordinance requires that site access be from Lake Eustis Drive. As he recalled, there were two lots off of Lake Eustis Drive, and the residents were okay with access at the first lot. He did not feel this issue was a problem.

            The applicant, Mr. Daniel Carr, indicated that he will comply with the staff recommendation.

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

            REZONING CASE PH#50-02-2 - HIGHLAND REAL ESTATE AND

            INVESTMENTS, INC. - DALE LADD - R-1 TO R-3 - TRACKING #88-02-Z

 

            Mr. Ron Thomasson, Senior Planner, Planning & Development Services, addressed the Board to discuss Rezoning Case PH#50-02-2, Highland Real Estate and Investments, Inc./Dale Ladd, to allow for those uses permitted in this zoning district. Mr. Thomasson explained that

these ten (10) acres are an undeveloped infill area north of Lake Katherine and border on Lake Clair on the east side of CR 561 south of Clermont. The future land use in this area is urban expansion allowing for a density consistent with the request for R-3 zoning, and it is consistent with the existing land patterns. He explained that having water service but no sewer is allowable in this zoning, and there were no comments from the City of Clermont. It was his understanding that the City will be revising its utility area within the next few months, which will include this area. Staff is recommending approval of the request; there were no letters of support of opposition; and the Planning and Zoning Commission approved it 10-0.

            Commr. Pool stated that the request is in his district, and he had no questions.

            Commr. Pool opened the public hearing and called for public comment. It was noted that the applicant was not 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. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case PH#50-02-2, Highland Real Estate and Investments, Inc./Dale Ladd, Tracking #88-02-Z, a request for rezoning from R-1 (Rural Residential District) to R-3 (Medium Residential District) to allow for those uses permitted in this zoning district, Ordinance 2002-92.

 


            REZONING CASE PH#54-02-2 - WILLIAM H. CROSS AND MICHAEL E. MAHOY

            NEW LIFE PRESBYTERIAN CHURCH - R-1 TO CFD - TRACKING #92-02-CFD

 

            Mr. John Kruse, Senior Environmental Specialist, Planning and Development Services, addressed the Board to discuss Rezoning Case PH#54-02-2, William H. Cross and Michael E. Mahoy, New Life Presbyterian Church, a request to rezone from R-1 to CFD for church and associated uses. The property is approximately six acres in size and located in the Minneola area along Apshawa Road, and the current structure is vacant. Staff has reviewed the request and found it consistent with the Future Land Use Map, the Comprehensive Plan, and the Land Development Regulations (LDRs) and is recommending approval. The Planning and Zoning Commission approved it 8-2. Mr. Kruse noted that a letter was received in regards to East Apshawa Road and changing the curve off of SR 25, however, staff has discussed this issue and felt that it has no direct bearing on this rezoning.

            Commr. Pool opened the public hearing and called for public comment. It was noted that the applicant was present.

            Mr. Norman Curran stated that he lives adjacent to the church and right across the street from the proposed location. Mr. Curran explained that he and approximately six families were notified of the Planning and Zoning Commission meeting, but no other landowners in the immediate area were notified. Mr. Curran stated that he circulated a petition and advised the landowners of the zoning meeting. He submitted the petition to the Deputy Clerk, which was marked as Exhibit O-1 for the opposition. Mr. Curran stated that an overwhelming majority of the neighborhood opposes the rezoning to CFD, and the church. He explained that the applicant is proposing a 5,000 square foot facility for a congregation of 200 to 300 members, with services on Wednesdays, Saturdays, and Sundays. They are concerned about the excessive traffic flow in the area of Apshawa Road and US Highway 27; and people traveling through their neighborhood on Wisperwind Drive to get to 561A and, if the congregation outgrows the facility, they are concerned about the future use of the facility, if it were to be sold. Mr. Curran stated that he had some personal concerns, because his home would be right across the street from the church, and it would significantly reduce the value of his home. He stated that, behind the proposed location is the Lake County Correctional Institute, and a firing range used by the Lake County Sheriff’s Department.

            Mr. Frank Cavalli, Pastor of the New Life Presbyterian Church, addressed the Board and stated that they tried to address the concerns being voiced at this time. Pastor Cavalli explained that they will not have services on Saturdays and, in terms of traffic, there will be little, or no traffic, on Sunday mornings, or Wednesday evenings. He really did not feel that the traffic would be an issue. He further explained that they met with the neighborhood last week to introduce themselves, and to provide an informational sheet to allay some of these concerns. Pastor Cavalli addressed the concern about traffic going through their community and stated that this does not have to be the case, and they can make their entrance/exit somewhere else on Apshawa Road. He stated that they would like to maintain the serenity of the community. In terms of their purpose, they intend to stay there until they outgrow their facility, and they would maintain that church at 200 or 300 members and send a number of families out to another area to start a new church. They do not plan on leaving this church. Pastor Cavalli stated that, in terms of the firing range, and the prison and its speaker system, he does not feel that either one proposes a danger, or concern, to them.

            Ms. Isabelle Asbury addressed the Board and stated that she lives on Wisperwind Drive, and she is not right across the street from the property in question. Ms. Asbury stated that she and an overwhelming majority of the neighbors are opposed to the request. She moved to Florida two years ago, and she picked this rural area because of the large lots. She explained to Pastor Cavalli that her main concern is the traffic, and there are already people using Wisperwind Drive as a cut through and, if 200 or 300 members use it as a cut through, it will ruin the whole neighborhood. She noted that the majority of the neighborhood would have been at the Planning and Zoning Commission meeting, if they had known about it, but only six homeowners were notified.

            Mr. Kruse explained that, under R-1 zoning, there could be one unit per acre. It is suburban and, if they met PUD timeliness, they could get three units per acre. To the east of the parcel, there is C-1 zoning.

            Commr. Stivender stated that, through the site plan review process, Public Works will look at their access points.

            Commr. Hill commented that, like schools, she would think that churches would want to be placed more in urban areas, and she questioned whether there should be an ordinance with criteria for churches, such as the school siting ordinance.

            Commr. Cadwell was concerned that, if they pushed all of the churches into the heavy urban area, the price of land would prohibit churches from existing, particularly small churches.

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

            Commr. Pool stated that the request is in his district, and he has historically approved churches. He recognizes the concerns of the neighborhood, in this case, but he also sees the benefits of a church in and around a community. He believes that they will be good neighbors and, throughout the week, it will be a very quiet place without any activity.

            Commr. Cadwell stated that, without any school, or daycare, they are talking about 20 to 30 minutes before and after the service, when traffic is going to be a problem.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case PH#54-02-2, William H. Cross and Michael E. Mahoy, New Life Presbyterian Church, Tracking #92-02-CFD, a request for rezoning from R-1 (Rural Residential) to CFD (Community Facility District) for construction of a church and associated uses, Ordinance 2002-93.

            REZONING CASE PH#43-02-2 - W. T. PAUL LIAU, KYLE HARPER

            C-1 TO CP - TRACKING #73-02-CP

 

            Mr. Jeff Richardson, Chief Planner, Planing and Development Services, addressed the Board to discuss Rezoning Case PH#43-02-2, W. T. Paul Liau, Kyle Harper, to allow for retail trade. Mr. Richardson stated that the parcel is currently vacant, however, in 1995, the overall parent parcel, which includes the CFD zoning, currently has a County fire station on it. The parcel in question, as well as the parcel that has a convenience store and gas station on it, all came in as one rezoning under Ordinance 1995-30. During that public hearing, it was noted that the criteria for the Green Swamp, under Policy 1-3A.1 of the Comprehensive Plan, limited commercial uses within the Green Swamp, to 5,000 square feet within a two mile market area. It has been indicated to staff that there is going to be a potential for a combined square footage, approximately 13,000 to 14,000 square feet, as one individual retail business. Staff cannot find the request consistent with policies regarding the Green Swamp Area of Critical State Concern (GSACSC) and commercial location criteria, under Policy 1-3A.1 and, therefore, cannot recommend approval. Mr. Richardson noted that staff has gone through a similar type of request a couple of different times with the Department of Community Affairs (DCA), as it relates to the Green Swamp. He stated that directly to the north is the Westchester PUD and, as part of their PUD, they have approximately 20,000 square feet of approved commercial. In their discussion with the DCA, they were basically going to do four parcels at 5,000 square feet each. Mr. Richardson explained that, at the 1995 public hearing, the commercial property was going to be limited to 5,000 square feet of retail commercial. At this time, the Board discussed the surrounding zoning. Mr. Richardson noted that yesterday staff received a letter in opposition of the request from M. D. Glenbrook, LLC, who are the property owners of the commercial parcels directly to the east. The letter was submitted and marked by the Deputy Clerk as Exhibit C-1 for the County. Mr. Richardson noted that the Planning and Zoning Commission approved the request 8-2.

            Commr. Hill disclosed that she did speak to Mr. Steve Richey, Attorney, on November 20, 2002, and Commr. Pool disclosed that he spoke to Mr. Richey last week.

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

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and stated that staff did reflect accurately the history of this property, to some degree. Mr. Richey explained that, in response to whether the property could be divided, the County felt it could be divided because the County took a couple of acres of it for a fire station. It was originally a ten acre tract and zoned C-1, and it was one parcel and, when it was approved at that time, it limited the commercial to 5,000 square feet. He noted that Mr. Greg Beliveau, Land Planning Group, is present and will present testimony, if necessary. Mr. Richey explained the surrounding zoning and structures on adjoining sites, which included a 7-Eleven and Walgreens, and stated that they are proposing to rezone the property to CP, to allow 15,000 square feet of commercial, because they filed for three site plans on this piece of property. He stated that three 5,000 square foot parcels are being created in the CP ordinance, with limited uses. Mr. Richey stated that they will meet the criteria under the Comprehensive Plan. Staff has indicated that the Department of Community Affairs (DCA) has questioned this in the past, but all ordinances that are passed in the Green Swamp go to the DCA for evaluation and review. He pointed out that, at the Planning and Zoning Commission meeting, staff took the position that they could get 1,200 square feet of commercial on the four acres. The property is being assessed at $566,000 and, if they are not able to get more than 1,200 square feet, they will be addressing that issue, which will substantially reduce the taxes. He explained that this would be infill, because it is between two 7-Elevens, it is next door to the fire station, it is across the street from a Walgreens, and it is the only undeveloped parcel in this area. The property will be on central water and sewer, which is available in the area and serves all of the other development. Mr. Richey noted that the State wants to take a portion of this piece of property for water retention, as it expands the road in that area, and they will be negotiating on this matter with the State.

            Ms. Nancy H. Fullerton addressed the Board and stated that she was speaking for the Alliance to Protect Water Resources Inc. Ms. Fullerton stated that they are in opposition to this plan, because they believe the Comprehensive Plan should be followed for the Green Swamp, and that the staff recommendation should be followed. She stated that it is an example of further difficult decisions along SR 27 that would have to be made in the ridge area as it moves towards the south. She questioned whether there has been any other properties approved on the west side that have over 5,000 square feet of commercial.

            Mr. Mike Woolsey addressed the Board and stated that he submitted the letter before the Board (Exhibit C-1), which was presented by Mr. Richardson. Mr. Woolsey explained that they are not the developers of the Walgreens and, in his letter, he states that they support the staff recommendation, to deny the request. He explained that the Glenbrook property relocated the protected animals from the site, and they will comply with any environmental regulations that exist. Mr. Woolsey stated that they are in opposition to the proposed project. They own the property kitty-corner to the site called Glenbrook PUD Commercial, which was purchased approximately three years ago for development. In his testimony, Mr. Woolsey indicated that his company would consider any reasonable offers just like anyone else.

            Ms. Ida Purvis addressed the Board and stated that she has property in the Green Swamp and, she wanted to know if she could expand her commercial business, if the Board approves this request, because she was told that no other commercial property could come into their area, which makes her property more valuable. It was noted that her property is about nine miles from the property in question and further down into the Green Swamp.

            Commr. Pool explained that each site is site specific, and it will depend on the location of her property and what is surrounding her property which may, or may not, lend credence, or any opportunity for enhancements of her business, and each request would stand on its own.

            Mr. Richey stated that, in closing, what they are proposing to do is allowed by the Comprehensive Plan, the LDRs, and the ultimate user may or may not be another drugstore. They are proposing to create the CP zoning, with approved uses, and then they will have to deal with the LDRs on dividing the piece of property to accommodate the 15,000 square feet; and all other issues that have to do with site plan approval. He is asking for CP zoning, which limits the uses in the C-1, and to allow them the opportunity to pursue this with the DCA.

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

            Commr. Cadwell noted that he was in this area again last week to make sure that he had the right information, and he wanted to see the fire house. He stated that they all know that SR 27 was the dividing line that created the Green Swamp, because it was there, not because there was any other reason. He stated that the Board helped to create an asphalt locked parcel. Even though it is in the Green Swamp, it is in a highly developed commercial area that is high and dry and, with the County’s purchase of the fire department, they helped create this parcel and, if you take the square footage of the fire house, it is most likely over 5,000 square feet. Commr. Cadwell stated that common sense tells you that there is no reason in the world not to approve it. He noted that the parcel on the east side is already developing.

            Commr. Stivender concurred with Commr. Cadwell and stated that she has gone to see the fire station, and she feels that part of the problem was created by them, and it is all built out around it as commercial and, no matter who goes in there, it should be a CP corner.

            Commr. Pool stated that, as the district Commissioner, he supports this endeavor and application at this time.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case PH#43-02-2, W. T. Paul Liau, Kyle Harper, Tracking #73-02-CP, a request for rezoning from C-1 (Neighborhood Commercial) to CP (Planned Commercial), to allow for the construction of a retail-commercial business, Ordinance 2002-94.

            REZONING CASE PH#56-02-2 - STEVEN J. RICHEY, PA

            W. T. COX, JR., TRUSTEE - A TO R-4 - TRACKING #94-02-Z

 

            Mr. John Kruse, Senior Environmental Specialist, Planning and Development Services, addressed the Board to discuss Rezoning Case PH#56-02-2 and stated that the owner of the parcel is W. T. Cox, Jr., Trustee, represented by Mr. Steve Richey, PA. The applicant is requesting that the property be rezoned from A (Agriculture) to R-4 (Medium Suburban Residential), to allow for development of single family residential. Mr. Kruse stated that, on August 27, 2002, a Comprehensive Plan change from suburban to urban expansion was approved by the Board of County Commissioners. Staff analyzed the request and, with the extension of the existing Marsh Hammock subdivision, staff has found the request consistent with the Future Land Use Map, Comprehensive Plan, and Land Development Regulations (LDRs). They have central water in the area, but no central sewer at this time. It is in the City of Groveland’s service area. Staff is recommending approval and the Planning and Zoning Commission approved it 9-0.

            Commr. Pool declared a conflict of interest and stated that his brother-in-law is the realtor involved in this transaction. At this time, he turned the meeting over to Commr. Cadwell, Vice Chairman, and abstained from voting, or participating, on this issue.

            Commr. Hill disclosed that she did speak with Mr. Richey.

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

            Mr. Steve Richey addressed the Board and stated that he represents the applicant and this is the case that they transmitted to the Department of Community Affairs (DCA) several months ago. They did not challenge the Comprehensive Plan amendment, for suburban to urban expansion, and this is the rezoning that brings it into conformity with the property that has been developed to the south of it.

            Commr. Cadwell called for further public comment. There being none and no one present in opposition to the request, the public hearing portion of the meeting was closed.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried by a 3-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case PH#56-02-2, W. T. Cox, Jr., Trustee, Steven J. Richey, PA, Tracking #94-02-Z, a request for rezoning from A (Agriculture) to R-4 (Medium Suburban Residential) to allow for development of single family residential, Ordinance 2002-95.

            Commr. Pool abstained from the discussion and vote.

            At this time, Commr. Cadwell turned the meeting back over to Commr. Pool, Chairman.

            RECESS & REASSEMBLY

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

            STUDENT GOVERNMENT DAY

            Commr. Pool recognized Miss Lilly Pool who is his niece and noted that she is participating in Student Government Day.

            REZONING (CONTINUED)

            REZONING CASE CUP#02/10/2-2 - SMP RANCH, INC. - JIMMY D. CRAWFORD

            CUP IN A - TRACKING #86-02-CUP

 

            Mr. John Kruse, Senior Environmental Specialist, Planning and Development Services, addressed the Board to discuss Rezoning Case CUP#01/10/2-2, SMP Ranch, Inc., Jimmy D. Crawford and stated that this is a request for a CUP in A (Agriculture) on 220 acres in South Lake County/Green Swamp area, for an active commercial recreation facility consisting of an off-road driving school operation, including all terrain vehicles. Mr. Kruse stated that he did not see any structures on site, but he knows they have two active CUPs in place, one for a previous sand mine, which is currently a lake and a sawmill, and one CUP for a ski school that utilizes the dredged lake. Staff has analyzed the request and found it to be inconsistent with the Comprehensive Plan, specifically Policy 1-1.15 Land Uses Activities Within the Land Use Categories, item (11), which lists land uses prohibited in the Core/Conservation area and includes other active facility based recreation unless provided solely for the purpose of serving the residents within the Green Swamp Area of Critical State Concern (GWACSC). Staff is recommending denial of the request, and the Planning and Zoning Commission approved it 5-4.

            Commr. Hill disclosed that she talked to the Jowetts, who are the owners, in the summer, and to Mr. Jimmy Crawford last week. Commr. Stivender stated that she also talked to them, and Commr. Pool stated that he spoke to Mr. Crawford.

            Mr. Jimmy Crawford, Attorney with Gray, Harris & Robinson, stated that he is representing the owner, SMP Ranch, Inc., and the applicants, Keven and Audrey Jowett, who would be the operators of the driving experience. Mr. Crawford stated that they believe they have put forward an environmentally friendly recreational use of minimal impact, and he is going to contrast it with the impacts that would be allowed under residential uses, or under the existing Conditional Use Permits (CUPs) that are in full force and affect on the property. They are proposing a supervised controlled off road driving experience. Mr. Crawford reviewed the conceptual site plan, which was presented to the Deputy Clerk and marked as Exhibit A-1 for the applicant and stated that there is no racing, no mud bogging, and no wetland impacts and, in fact, they are going to have all of the wetlands surveyed and flagged by an environmental professional and put them in a conservation easement. Mr. Crawford reviewed the site plan noting the location of the surrounding mines and ski school and stated that they are proposing a maximum impervious surface ratio (ISR) of 3% of the total property; and three buildings, a clubhouse not to exceed 7,000 square fee, a garage area, and a bathroom facility. Mr. Crawford stated that they will be partnering with the local Honda dealer to provide All-Terrain Vehicle (ATV) training lessons on the property. Mr. Crawford addressed the issue of the current ski school activity and explained that they will cooperate with the fueling facilities that are already being provided on site. The CUP for the sand mine and saw mill will be voluntarily revoked when this request is approved today. Mr. Crawford explained that, if they had no CUPs on the property, they have 220 acres, and they could have 11 lakefront lots that would be about ten acres, with 11 septic tanks and, at least 11 unregulated wells. The residential use would generate 108 trips a day according to the ITE manual, and they would be required to have paved roads. There would be more disturbance to the existing site than if their request was approved today, and they would be limited to 90% open space , because they are in core conservation, but they would not be limited to 3% ISR.

            Mr. Crawford stated that he would characterize the area by the CUPs around it as an agricultural, industrial, recreational area. He described the track and trails and stated that, because the Padgetts own some of the surrounding property, they have buffered themselves, and there are very few residents in the area. He discussed the access and explained that they are half a mile off of SR 33, and they have arterial and collector access to the entire heart of Lake County, and the heart of the Green Swamp. He stated that they wish to utilize the easement in a clay, or lime rock, because it does not add to their ambiance to have the road paved. They would agree to do a maintenance agreement whereby the County, nor any of the neighbors, will ever have to do any maintenance on this road. Mr. Crawford stated that Mr. Kruse did a very good job on the staff report, and they worked with him on their plan, in terms of limitations to cars, the impervious service, the wetlands and conservation easement, but Mr. Kruse was still not able to find it consistent with the Comprehensive Plan and recommended denial of the request. In terms of the environmental aspects, they are going to do very light service on the vehicles, in a self contained maintenance service area, and most of their fueling will be at Beach’s store. They are not doing any off road vehicles that are not tagged and licensed, and the ATV’s are all muffled pursuant to stock requirements. They are proposing two half day sessions, which Mr. Crawford explained, and there will be a small sandwich shop, and they will have the ability to sell beer and wine. They will also have open days for other ATV riders, and they will have individuals patrolling the property during that time. Mr. Crawford reviewed the parking area, the natural area, the handicapped parking spots, and noted that there will be no racing, or spectator events, but they are looking at the possibility of bass fishing.

            Mr. Crawford stated that off road driving experience does not have a classification, and they are classified in the staff report as active recreation or commercial recreation. He addressed the ecological impacts and stated that the only natural areas on the property are the wetlands. The will do a threatened and endangered species survey, as required. The whole site is man made and wetlands will be preserved. Mr. Crawford reviewed all of the CUPs, PUDs, and commercial and industrial zoning that have been approved in the core conservation area in the Green Swamp, as he noted on the back side of Exhibit A-1, and stated that they are in the core conservation, which is within four miles of their property.

            Mr. Crawford stated that they are required to do the pump out provision, because they are in the Green Swamp, and they would be happy to agree to use a different system, perhaps like the one in the State park. He stated that they have already hired their arborist, and they are doing a whole native vegetation replant and will be planting cypress and native palms. Staff requires a buffer pursuant to the regular LDRs, and he would like to hear from the neighbors before they decide what type of buffers will be planted. He noted that the conservation easement would be dedicated to the St. Johns River Water Management District (SJRWMD).

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

            Ms. Ida Purvis addressed the Board and stated that her home is the closest to the property in question, and her biggest concern is the noise. The glider port is two miles from her house, and the sand mine is right behind her house. She has lived there for 38 years, and she drives 52 miles a day round trip taking her daughter back and forth to school, because she loves where she lives. She discussed the wildlife in this area behind her house and stated that she hopes the animals go to the conservation areas. Ms. Purvis stated that she has discussed the idea for a buffer with the applicant, but she has suffered the consequences of other CUPs in this area particularly the noise. She wanted to know who would be monitoring the conditions of the CUP.

            Commr. Cadwell explained that, with CUPs, there is a yearly inspection, and a code complaint can be filed by anyone at anytime against the CUP.

            Ms. Purvis stated that her biggest concern is her quality of life, and she had hoped that the property would be used for a park, or some type of recreation. She stated that the property is very unique, because it has been reclaimed, and it has trees and cliffs. She wanted it on the record that her biggest concern is the noise. She does not get any traffic noise from SR 33 and CR 561. Ms. Purvis stated that she has a place in Ocala on Lake Delancy in the Ocala Forest, and they have had a major problem with ATVs and motorcycles. She indicated that the biggest problem will be the route that comes between the two swamps, because she will probably be able to see it from her house, so she hopes there is some type of buffer between the site and her home.

            Ms. Nancy H. Fullerton, resident of Clermont, owner of property in the Green Swamp, and President of Alliance To Protect Water Resources, addressed the Board and stated that she wanted to speak in terms of water quality, and the importance of that area to the Green Swamp and the Clermont Chain of Lakes, and other lakes in the area. Ms. Fullerton referred to a report funded by the Water Authority from DEVO Engineering and stated that a Preliminary Report was put out September 18, 2002, and they are now in the second phase of it. She read the purpose of the report, as taken from the minutes, which was to allow them to develop a regional groundwater surface water interactive model that will determine if natural weather patterns and/or pumping from the floridan will impact the lakes. It further indicates that the system south of Lake Louisa that feeds Big Creek and Little Creek is important to the water quality of the lakes to the north, the Clermont and Palatlakaha. Ms. Fullerton stated that there is further information, and a study, and she feels it is very accurate information, as far as the affect of an area on water quality, and the flow into the surface water and groundwater. The issue they are speaking to is the possible petroleum contamination, as noted by staff in their report, as an environmental concern, with her point being that there is a definite water quality factor involved in this area.

            Mr. Crawford stated that he would like to address Ms. Fullerton’s comments, because he agrees with her 100%. He stated that he discussed this request with Ms. Fullerton, and he understands that she has a group that she has to represent, and he would be happy to meet with her any time. He stated that he sits on the Board that hired DEVO to do the report, as their attorney, and he would agree completely with what it says, and they agree completely that the quality is important to the Clermont Chain, therefore, there is a need to put all of the wetlands in a conservation easement to make sure they are not disturbed in any way, which is more protection than they have right now. He explained that this is why they irrigate only the landscaped areas, and the yard around the clubhouse, whereas, in residential use, you could irrigate all of it with no restrictions whatsoever. They will use less water than the sand mine, or sawmill, and they are required to get a stormwater permit from the St. Johns River Water Management District (SJRWMD) that will include all of the trails. He understands the concerns expressed by Ms. Purvis and explained that their hours are restricted in the ordinance, and their vehicles are all required to be muffled. He suggested that, in addition to the constraints already discussed, they are asking that they be allowed to plant a minimum of four rows of pine trees along the western half of the north boundary, and the entire western boundary and, in terms of the endangered species, they will be required to do a survey, in accordance with the Comprehensive Plan and LDRs.. At this time, Mr. Crawford discussed the following proposed changes, which he had reviewed previously with Mr. Kruse:

            Page 1 - 2. B - Site Requirements

 

            1. Buildings: The applicant shall be limited to three (3) enclosed buildings consisting of a meeting center not to exceed 7,000 square feet, a garage building capable of housing up to 12 vehicles not to exceed 3,000 square feet, and a bathroom facility. Both structures shall be designed to exist in harmony with the rural environment.

 

            2. Transportation: Access road shall be stabilized to ensure adequacy for fire and emergency vehicle access and meet Lake County’s access management ordinance. In addition, a legally (right-of-way or easement) paved or clay-stabilized access to the site from CR 561 or CR 33 is required.

 

            Page 2 - 2. B. - Site Requirements (continued)

 

            6. Automotive Vehicles: No more than twelve (12) automotive vehicles shall be utilized for the off road driving adventure, and all shall be legal for street use, including mufflers.

 

            8. House of Operation: Hours of operation shall be between 8:00 a.m. until 7:00 p.m. daily. All driving activities will be conducted during day light hours.

 

            10. No driving routes/trails shall be paved. The operation shall use pervious, natural parking (i.e. grass or mulch) where feasible, as approved by Lake County through the Site Plan.

 

            11. The stormwater management system approved and constructed for the Project shall provide for a swale/berm system along all trails or vehicle routes which shall prevent runoff into adjacent area.

 

            12. Maximum Impervious Surface Ration shall not exceed three percent 3% of the total Property.

 

            13. A minimum of ninety percent (90%) of the Property shall be retained as Open Space.

 

            14. A buffer shall be installed along the west property boundary consisting of a minimum of four rows of planted trees.

 

            Mr. Crawford reviewed several pictures of the site, which were submitted to the Deputy Clerk and marked as Exhibit A-2 (composite) for the applicant.

            Commr. Cadwell stated that, from the discussion, he had written down the muffler requirement on the vehicles, and the additional buffer, but he would also like to try and get some specific language in regard to the septic system where staff would have the final say on their system and how they would do it.

            Mr. Kruse explained that staff does not have the authority to design the septic system, but the State of Florida, Department of Health, will be addressing this area of concern, and staff can work with the applicant on some innovative designs for septic tank systems for this use.

            Commr. Stivender explained that, because there were no utilities at the Tavares Park (Buzzard Beach), the Tavares City Council had to develop something that was creative for that area. There is a modern pump out building at this site, which was approved by the Health Department.

            In regards to the question about the buffer, and the possibility of pine trees, Mr. Kruse explained that staff, and the applicant, can get seedlings from the Division of Forestry, but it will take several years for the trees to get to a significant size. He stated that there may be another tree species that would be appropriate for the buffer.

            Mr. Crawford suggested that the language include four rows of planted trees pursuant to a site plan review, with the species being determined at that time. In terms of a consumptive use permit for the sand mine, Mr. Crawford indicated that he did not have that information for the Board, but he knows that their potable water supply well will be monitored and regulated and will be less than residential use.

            Mr. Kruse addressed the Board to discuss the location of the planted trees, with clarification being made that buffer would along the western half of the north boundary, and the entire western boundary.

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

            Commr. Pool stated that the request is in his district and, at this time, he would ask for Board comment.

            Commr. Stivender felt that this was a good economic tool to bring into Lake County. She did meet with the applicant, and she did understand the concerns but, if it was not put in this area, where would they put it. Commr. Stivender stated that no one wants it near residential development. Because there will be so many restrictions on it, there will be no racing, no bogging, the conservation easements will be maintained, and there will be a 3% impervious area. She stated that a local dealer working with them and giving training sessions is a great improvement, and anyone who rides these types of vehicles needs to go through a training session. There will not be any additional fueling, which would harm the environment, and she would much rather see this turned into an economic facility than to have more homes that would destroy the wetlands.

            Commr. Stivender made a motion to uphold the recommendation of the Planning and Zoning Commission and approve CUP#02/10/2-2, SMP Ranch, Inc., Jimmy D. Crawford, a request for a CUP in A (Agriculture), Tracking #86-02-CUP, for an active commercial recreation facility consisting of an off road driving school operation, including all terrain vehicles,, Ordinance 2002-96, with all stipulations, as discussed.

            Ms. Purvis approached the Board and asked whether she could present a question, with Commr. Pool noting that the public hearing had been closed. With the Board’s consideration, Ms. Purvis was allowed to ask whether having a snack bar on site is a commercial endeavor, and whether a commercial license would be required.

            Mr. Crawford explained that the snack bar is for their patrons only and this language should be included in the ordinance. He noted that he submitted to the Deputy Clerk, for the record, the revised ordinance, which was marked as Exhibit A-3 for the applicant.

            Commr. Cadwell seconded the motion for discussion.

            Under discussion, Commr. Cadwell stated that Mr. Crawford had commented that the vehicles would remain on the designated trails, as shown on the site plan, and he feels that this language should be included in the ordinance.

            Mr. Crawford stated that the site plan drawing will be attached to the ordinance.

            Commr. Cadwell questioned whether the motion made by Commr. Stivender included the non-paving of the road, and an agreement by the applicant to maintain it.

            Commr. Stivender stated that the motion includes all stipulations discussed including the non-paving of the road, the swales along the trails, the snack facility for patrons only, and the septic system being addressed with staff at the time of site plan approval.

            Commr. Pool stated that he concurs and agrees with comments made and that it is a unique opportunity and unique location to utilize an existing piece of property to its highest and best use. He feels it will be a welcomed neighbor and much better than having 11 homes with 11 septic systems independent of one another. It will be a controlled environment and something that they can ensure will be done correctly and maintained positively.

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

            REZONING CASE CUP#02/10/1-5 - BILLY SCHELLER - BRUCE DUNCAN, ESQ.

            CUP IN A - TRACKING #85-02-CUP

 

            Mr. John Kruse, Senior Environmental Specialist, Planning and Development Services, addressed the Board to discuss Rezoning Case CUP#02/10/1-5, Billy Scheller, Bruce Duncan, Esq., a request for a CUP in A (Agriculture), for an active commercial recreation facility consisting of a mud bogging facility. The request involves 20 acres that are located about two miles east of the intersection of Skyline Drive and Saltsdale Road. Mr. Kruse explained that, at the time of the site visit, there were some structures on site including a concession trailer and portable toilets.

            Commr. Cadwell disclosed, for the record, that Mr. Bruce Duncan, Esquire, contacted him about this case and offered a visit to the facility, which he declined, but they did discuss the case along with the residents that had called him about a code enforcement violation relating to this case.

            Commr. Stivender, Commr. Hill, and Commr. Pool disclosed, for the record, that they had also briefly talked with Mr. Duncan.

            Mr. Kruse stated that the future land use is rural, one unit per acre. Staff analyzed the request, and they do not have a specific zoning designation, or future land use, for this type of activity, but they found it to be similar to commercial recreation. Staff came to the conclusion that the request is inconsistent with the Comprehensive Plan and Land Development Regulations (LDRs), because commercial may be allowed in the rural land use, however, it is only for necessary commercial services for the area being served and, it is very unlikely that this facility would be serving the rural community, in terms of a commercial facility. The Planning and Zoning Commission came back with a 4-4 vote, with the motion failing, and then they came back with some conditions, with the motion failing again with a 3-5 vote, so it is coming to the Board today with no recommendation from the Planning and Zoning Commission.

            Mr. Bruce Duncan, Potter, Clement, Lowery & Duncan, Mount Dora, stated that he is here on behalf of the applicant, Saltsdale Muddhole, Inc. Mr. Duncan stated that he has submitted in the past approximately 780 petition signatures, and he has an additional 450 or more to submit today, all in favor of this project. At this time, he submitted the petitions to the Deputy Clerk, which were marked at Exhibit A-1 (composite) for the applicant. Mr. Duncan noted that he had also presented a letter from Mr. Jim Thorsen, District Ranger, for the Ocala National Forest Service, and there are additional letters of support including letters from several of the business owners in Umatilla, Nicolo’s Pizza, Umatilla Superette, indicating the economic impact that this has had on their businesses; a letter from the Mayor of Umatilla supporting this request; and a letter from Ms. Lois Scharnhorst, who will be here to personally testify today. He noted that Ms. Scharnhorst is the closest resident to the facility in question. Mr. Duncan submitted the additional letters of support to the Deputy Clerk, which were marked as Exhibit A-2 (composite) for the applicant.

            Mr. Duncan showed the Board a video of the Channel 9 news clip that was taken on the Saltsdale Muddhole site this weekend. It was submitted it to the Deputy Clerk and marked as Exhibit A-3 for the applicant.

            Mr. William (Billy) Scheller addressed the Board to provide testimony, under the questioning of Mr. Duncan. Mr. Scheller testified that he has operated the facility in question since February 2, 2002. He explained that he pays to have security on site, and he has talked to the Sheriff’s Department and, because alcoholic beverages are being brought into the event, they will not allow the officers to work the event. The Sheriff’s Department has placed their radar machine in the near vicinity of the site, to monitor a driver’s speed, and they have written a couple of tickets. They have also run a DUI check point at closing time, and one ticket was written to a patron, and the rest were to residents of the Saltsdale Road area. Mr. Scheller explained that one night time event was advertised and, because it turned out to be bigger problem than anticipated, they agree with the conditions in the ordinance that prohibit any night time activities on site. Mr. Scheller addressed the environmental concerns testifying that they dug the pit on high ground, pined area, and the water consists of rain water and some that is brought in by them. His parents and grandmother live on the property and, when they discussed this venture, they agreed to leave 30 feet of vegetative pine for a buffer zone, to control the noise, and the buffer zone surrounds the property. Mr. Scheller testified that he had the opportunity to review letters of opposition from residents, and he found that most of them live on the dirt road. He discussed the process they use to keep the road graded and reviewed the pictures of the site and road, as shown by Mr. Duncan. Mr. Scheller explained that fliers were distributed to the residents advising them of the County’s involvement with this activity. The pictures were submitted to the Deputy Clerk and marked as Exhibit A-4 (composite) for the applicant.

            Discussion occurred regarding the night time event that took place, and Mr. Scheller stressed to the Board that this type of event will not take place again, because of the problems that arose from it.

            Mr. Duncan stated that, at the Planning and Zoning Commission meeting, staff had put in a time limitation of 10 a.m. until dark, but Mr. Scheller has agreed to a time limitation of 10 a.m. to 7 p.m..

            Mr. Duncan called Ms. Lois Scharnhorst to present testimony.

            Ms. Scharnhorst testified that she lives right next to the property in question and, at this time, she pointed out the location of her property. She testified that she is there on weekends, and has never had a problem with trash. She spent some time watching them one Saturday, and she never heard any profanities or saw anyone totally intoxicated, and she feels that the gunfire was most likely heard during deer season. Ms. Scharnhorst explained that there is one horse located on an adjacent piece of property, and it is protected during the time the activity is taking place.

            At this time, Mr. Duncan asked those present who were in favor of the mud bogging facility to stand, with the record reflecting that there were approximately 20 individuals.

            Mr. Duncan stated that two main concerns were pointed out in the staff report. First, it is a commercial activity on agricultural zoned property, which is exactly what a CUP is designed to do, to allow for an activity that would not otherwise be permitted in that particular area, and that is why they applied for a CUP. The second primary argument was regarding environmental concerns. They had Mr. Ted Wicks, Hydrologic Environmental Engineer, do a study on the property, and he determined that the mud facility is not located in a wetland area. It is high, sandy soil, and it is not impacting any wetlands on the site, or any adjacent property. So there are no environmental concerns regarding the mud bogging facility itself.

            Mr. Duncan explained that Lake County goes to great lengths to advertise itself as the “countryside” of Orlando, and there is a lot of interest in this activity. There are folks that come from all over the central Florida area to Lake County to enjoy this activity and, as the Board has seen from the letters, from the City of Umatilla and the surrounding business owners, there is an economic impact, as well as a tourist impact.

            Mr. Duncan explained that the request would have passed by the Planning and Zoning Commission, if it were not for the alcohol issue. At this time, he reviewed the motions made at the Planning and Zoning Commission meeting, as noted in the backup, and explained that there was really only one member of the Commission that was opposed to the activity itself. Mr. Duncan stated that the Sheriff’s Department ran an unannounced check point at the exit way of the facility, on the paved portion of Saltsdale Road, and nobody was issued a DUI. He did not know if it would be proper to refuse them to have alcohol, as part of this recreational activity, because there are other recreational activities throughout the County, and the State, that allow the use and consumption of alcohol. The applicant agrees that there will never be another night time event, which really generated a lot of the complaints. Mr. Duncan stated that this is a family event, and an inexpensive way to enjoy family, and there needs to be a facility for this activity. Mr. Duncan stated that these facilities do exist in other counties besides Lake County. They feel that the CUP will provide the safeguard and restrictions that are necessary, and they do not have a problem continuing to grade the road. He noted that, as shown by the pictures (Exhibit A-4), there is no trash and debris and, if they find that they do need to do some clean up, there are a lot of volunteers willing to help in this case, to keep this facility open. They have no problem with the Board putting this in the CUP as a condition. Mr. Duncan stated that they are asking for 52 events a year, and one Saturday a month, for a total of no more than 64 events a year. He noted that they are basically surrounded by undeveloped property, and there are a few homes located along Saltsdale Road. Mr. Duncan asked that he be given the opportunity to rebut, once those present have had the opportunity to make their comments to the Board.

            In response to Commr. Stivender’s question about the hours of operation, Mr. Duncan clarified that the hours will be 10 a.m. to 7 p.m. all year long.

            Commr. Pool called for further public comment.

            Mr. John Scharnhorst, Jr. addressed the Board and stated that his family moved here from San Diego and bought their property to raise their children in the country. He discussed the condition of the road over the years and stated that it is well maintained now. He was sure that the firearm noise that was reported earlier came from his tenant, and he no longer lives there. Mr. Scharnhorst stated that he is in favor of the request.

            Mr. E. C. Hickey, Jr. addressed the Board and stated that he did not mind the mud hole, but he was concerned about the people speeding on the road, and he would like someone to sit in his yard to assess the problem. He stated that he and his wife, along with many others, have difficulty getting out of their driveways on Sundays to go to church, and he was concerned about their safety.

            Ms. Debbie Smith, Saltsdale, addressed the Board and stated that she had submitted a letter of opposition to the Board. Ms. Smith stated that she knows a lot of the people involved in this activity, and she would like to keep harmony with the neighborhood. Her concern is the speeding, even though they have gotten a lot better but, even though there are two signs on the road that say 35 mph., some are going 60 to 70 mph. She stated that she has children, and she would like to have someone stress to the people that they need to obey the rules and follow the speed limit, and to try and keep a watch on the trash situation. If this is done and respect is shown between all parties, Ms. Smith stated that she will be one of their greatest supporters.

            Mr. Sydney Steel addressed the Board and stated that he has been going to the mud hole since it opened in this area. Mr. Steel stated that he has helped with the trash pick up along the roads. He takes his wife, five year old daughter, and 11 year old son to the mud hole on Sundays, and many of their friends bring their children. Over the last couple of weekends, they have had petitions signed in favor of it. He explained that there is never any violence at the site, and it is a fun, family oriented place, and that is why people like to come there.

            Mr. Ray Goodwin addressed the Board and stated that he currently owns the Land of Lakes Mud Bog Racetrack and has been the owner for the past 13 years. Mr. Goodwin stated that the difference between his activity, and the one being discussed today, is that they actually race at his site. He contacted Commr. Hill almost six or seven months ago about commercial property in Lake County, for this type of race track, but there is nothing here. Mr. Goodwin stated that this is family entertainment, and people come here from all over the country to attend this type of event. He stated that he has four children, and they all love racing, and there is a lot of respect between him and kids that come to his track. Mr. Goodwin stated that they need to remember when they were young and approve this play hole for these people. He is still looking for property in Lake County, because his property is being sold as housing development He stated that they need to give these kids something to do.

            Ms. Misty Jones addressed the Board and stated that the property in question is a family oriented place. Ms. Jones showed a picture of her children in the mud hole and stated that they need a place to have fun. She submitted the picture to the Deputy Clerk, which was marked as Exhibit A-5 for the applicant.

            Mr. Duncan referred to the proposed Ordinance, Page 2, Paragraph D. and stated that they would ask that they be allowed to continue to grade and maintain the road, as they do today, and not be required to provide paved access.

            Commr. Hill addressed the proposed condition to pave the road and stated that, if they are going to require them to pick up the garbage, and to have EMS and Sheriff patrol, perhaps they need to require them to have a bond.

            Mr. Sandy Minkoff, County Attorney, explained that the Board has never had a case like this one, and sometimes the Board has bond requirements in CUPs and sometimes they do not.

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

            Commr. Cadwell stated that an event like this anywhere in Lake County is going to be hard to site, and he has gotten very few calls in opposition to the request, but there were some concerns. The main concerns they need to address in the ordinance include the maintenance of the road, as opposed to the paving, and maintaining it to the level that it should be, and the trash removal language that was made in one of the motions at the Planning and Zoning Commission meeting (the trash along Saltsdale Road shall be removed within 24 hours of the close of the event. He would also like to add to the ordinance that they be required under the CUP to hire a deputy to patrol Saltsdale Road, as opposed to being on the site.

            Mr. Duncan stated that the Sheriff’s Department was okay with monitoring Saltsdale Road, and he questioned whether the Board wanted the monitoring to be done on a four hour period at closing, when the traffic is leaving the site. He stated that they are fine with the hours of operation being 11 a.m. to 7 p.m., because they also want to be good neighbors.

            Commr. Cadwell stated that he did not know if the Board wanted to put something in the language about daylight savings time, or just have that everybody needs to be off the property at 7 p.m. He also wanted to add language that there will be no selling of alcohol on the site at any time.

            Mr. Duncan explained that the security personnel is certified according to Florida Statutes and are on site at every event

            Commr. Cadwell stated that he has struggled with this request for a couple of reasons, because he does not understand the logic of the activity, but there are a lot of people that enjoy this hobby. He stated that there are not a lot of places where this type of activity can take place and fortunately their neighbors in Saltsdale are pretty tolerant people and always have been. At least under a CUP, the County can look at it yearly. He wants to make sure that the wording will be that the Sheriff’s Department will patrol Saltsdale Road, in a time frame that the Sheriff can establish, to be paid for by the applicant. He also wanted to include all other conditions as proposed in the ordinance.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved CUP#01/10/1-5, Billy Scheller, Bruce Duncan, Esq., a request for a CUP in A (Agriculture), Tracking #85-02-CUP, for an active commercial recreation facility consisting of a mud bogging facility, Ordinance 2002-97, to include the following conditions, in addition to all others set forth in the ordinance: the applicant will maintain the road, as opposed to paving it; the applicant shall remove the trash along Saltsdale Road after the closing of the events; the Sheriff’s Department will patrol Saltsdale Road in a time frame established by the Sheriff, to be paid by the applicant, on the day of the events, hours of operation shall be no earlier than 11:00 a.m. and must be over and everyone gone by dark or 7:00 p.m.; no selling of alcohol on the site at any time; certified private security shall be provided on the site; no off-site parking for events will be allowed.

 

            ORDINANCE - PERMISSION TO ADVERTISE - LAKE COUNTY CODE

            Mr. Sandy Minkoff, County Attorney, addressed his request for approval to advertise an Ordinance amending §13.04.02, Lake County Code, Appendix E., LDRs. Mr. Minkoff explained that the ordinance adds an eleventh member to the Planning and Zoning (P & Z) Commission, based upon the recommendation of the Lake County School Board. It was caused by the Statute that was passed by the legislature that mandates that they add one member to the P & Z Commission. The Statute indicates it could be a voting or nonvoting representative. After talking to Mr. Gregg Welstead, Deputy County Manager, staff elected to recommend to the Board a voting member. If the Board approves this today, staff will take it to the first P & Z Commission meeting in December, and then have it back to the Board, so the member can be appointed in the February cycle.

            Commr. Cadwell made a motion, which was seconded by Commr. Stivender, to approve the request to advertise an Ordinance amending §13.04.02, Lake County Code, Appendix E., LDRs.

            Under discussion, Commr. Cadwell stated that he had Mr. Minkoff pull the Orange County court cases to see where they were on school concurrency, along with the Palm Beach County concurrency cases. Some time after the first of the year, he would like to schedule a workshop and talk about school concurrency and, along with the interlocal agreements that are required by the same Statute . He noted that the East Central Florida Regional Planning Council (ECFRPC) has offered to work Lake County and several other counties and school boards.

            Mr. Minkoff stated that staff has been working with the ECFRPC, and there is a draft of an agreement that is ready to be executed that is going out to the cities, and they have also been working with the Lake County School Board.

            Commr. Pool stated that Ms. Pam Saylor, Superintendent of Lake County Schools, has requested that they meet with the Board to discuss some of the very issues that they are talking about today. The tentative date suggested was Wednesday, February 5, 2003. In regard to the West Palm Ordinance that is working so very well, he is proposing a meeting in South Lake County, since that is where most of the activity has been lately.

            Commr. Cadwell noted that he has a copy of the noted information.

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

 


            CITY OF TAVARES - CHRISTMAS LIGHTS       

            Commr. Stivender extended her appreciation to Lake County staff for putting up the lights and noted that Light up Tavares went very well.

            CITY OF UMATILLA AND CITY OF LEESBURG EVENTS

            Commr. Stivender informed the Board that there is a parade in Umatilla at 9:30 a.m. on Saturday morning (Nov. 30, 2002), and Light up Leesburg will be held at Venetian Gardens Saturday night.

            LEGISLATIVE DELEGATION

            Commr. Stivender informed the Board that the Legislative Delegation meeting is Wednesday, December 4, 2002, and the new Chairman, Commr. Cadwell, will be at the Florida Association of Counties, so she will be making the presentation. 

            LAKE COUNTY DAY

            Commr. Stivender informed the Board that the members will be getting a notice about Lake County Day in Tallahassee on Wednesday, February 19, 2003. She will be heading the program along with Ms. Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office.

            FLORIDA ASSOCIATION OF COUNTIES

            Commr. Cadwell stated that he will not be at the next Board meeting, because he will be at the Florida Association of Counties Legislative Policy meeting.

            PERMITTING FEES - JAMES W. THARP, JR.

            Commr. Pool stated that a gentleman from Tharp Plumbing who does a lot of Target stores, contacted him and requested a chance to appear before the Board today but, because they do not take public comment on days as such, he brings the item up under his reports His letter indicates that the fees are inappropriate and out of balance, and he has asked that staff review his request.

            Mr. Bill Neron, County Manager, stated that staff will do an analysis of the letter from Mr. James W. Tharp, Jr. regarding permit fees and bring a report back to the Board.

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:23 p.m.

                                                                                                                                                        

                                                                                    ROBERT A. POOL, CHAIRMAN ATTEST:


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JAMES C. WATKINS, CLERK