A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 25, 2003

            The Lake County Board of County Commissioners met in regular session on Tuesday, February 25, 2003, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Robert A. Pool; Jennifer Hill; and Catherine C. Hanson. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Sandra Carter, Deputy Clerk.

            INVOCATION AND PLEDGE

            Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.

            AGENDA UPDATE

            The Chairman noted that there was an Addendum No. 1 to the Agenda, containing two items.

            Mr. Bill Neron, County Manager, informed the Board that Tab 6, under the County Manager’s Departmental Business, a request from Growth Management for approval of the revocation of Conditional Use Permit Nos. 541-3 and 541A-3 (Old Scotts Hyponex Mine), issued to Mr. Harold Jovaag, for the mining of peat on his property located in the Montverde area, east of CR 455, was being pulled from the Agenda and would be rescheduled at a later date.

            Commr. Hanson stated that she received a request for hardship relief from a family who wishes to place a mobile home on approximately 50 acres, which is located in the Wekiva Basin, and requested approval to place said item on the Agenda, under her Reports, noting that said family is under a time crunch.

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

            Commr. Cadwell stated that he received a request from the Office of the Mayor of Jacksonville, notifying him that the St. Johns River Water Management District Restoration Working Group, which came about as the result of a summit that was held last month with the St. Johns River Water Management District, was scheduled to hold their first meeting on Friday, February 28, 2003, and that he would not be able to attend said meeting, therefore, asked that the Board appoint someone to attend in his place. He asked to place said item on the Agenda.

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

            OTHER BUSINESS

            GRAND OPENING OF CONGRESSMAN RIC KELLER’S OFFICE

            Mr. John Miller, from U.S. Congressman Ric Keller’s Office, addressed the Board stating that Congressman Keller represents the 8th Congressional District of Florida, which encompasses parts of Lake and Marion Counties. He stated that Congressman Keller will be having the Grand Opening of his office on Friday, March 7, 2003, at 2:00 p.m., and invited everyone to attend. He stated that, if there was anything Congressman Keller’s Office could do for the Board, to let them know.

            COUNTY MANAGER’S CONSENT AGENDA

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

            Budget and Administrative Services - Risk Management

 

            Request for approval and authorization to continue terrorism coverage, as provided under Federal Government’s Terrorism Risk Insurance Act, effective November 26, 2002; and approval to continue terrorism coverage through the County’s Self-Insurance Programs with A. J. Gallagher & Company, effective March 4, 2003 through October 1, 2003.

 

            Public Safety

 

            Request for approval of a Second Addendum to Agreement, requesting to extend the closing date for property purchase from the Middleton’s - Shirley Shores property an additional 90 days, to allow for obtaining a clear title to the property.

 

            Public Works

 

            Request for approval to enter into a Cooperative Funding Initiative with the Lake County Water Authority, for a stormwater project in the southern part of the County. The project is a basin inventory and characterization of the “Upper Palatlakaha Chain” (basins of Lakes Louisa, Minnehaha, and Minneola).

 

            PUBLIC HEARINGS - VACATIONS

            VACATION PETITION NO. 995 - CHRIS SHIPLEY - MOUNT DORA

            Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that he received a request from the Petitioner for a 30 day postponement of this case, due to the fact that there was a concern over a Florida Power easement. He stated that the Petitioner would like to work out the closing of the easement in question and granting Florida Power a power easement for specific locations, therefore, requested approval to postpone the case for 30 days.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

            There being no one present who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to postpone Vacation Petition No. 995, by Mr. Chris Shipley, for Conover, to vacate streets located in Section 34, Township 19 South, Range 27 East, in the Sunset Hills Subdivision, in the Mount Dora area - Commission District 4, until the Board Meeting scheduled for March 25, 2003.

            VACATION PETITION NO. 996 - JIM STIVENDER, JR. AND DAVID TERRY

            SUGARLOAF MOUNTAIN/FERNDALE

 

            Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request from him and Mr. David Terry, Attorney, to vacate an easement located in Section 28, Township 21 South, Range 26 East, in the Sugarloaf Mountain/Ferndale area. He stated that the purpose of the request was to clear title for two old loading ramps for citrus that have not been used for the past 20 years.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

            There being no one present who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-23 - Vacation Petition No. 996, by Mr. Jim Stivender, Jr., P.E., P.L.S., and Mr. David Terry, Attorney, to vacate an easement located in Section 28, Township 21 South, Range 26 East, in the Sugarloaf Mountain/Ferndale area - Commission District 3.

            REZONING

            REZONING CASE NO. PH12-03-1 - A TO R-1 - LAWRENCE M. AND SANDRA P.

            KILPATRICK/STEVEN J. RICHEY, P.A./TRACKING NO. 16-03-Z

 

            Commr. Cadwell asked that this case be addressed first, because it appeared to him that it would be affected by the postponements that the Board approved, with regard to any parcel of property that would affect the County’s school population, since it is a request for approval of single-family homes in the Fruitland Park area.

            Mr. Steve Richey, Attorney, representing the Applicant, addressed the Board stating that this case involved a request from A (Agriculture) to R-1 (Rural Residential), which would increase the density on 17 acres.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

            There being no one present who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to postpone Rezoning Case No. PH12-03-1, Lawrence and Sandra Kilpatrick/Steve Richey, P.A., Tracking No. 16-03-Z, a request from A (Agriculture) to R-1 (Rural Residential), until the Board Meeting scheduled for April 22, 2003, due to the fact that it will impact the population of the Lake County schools, if approved.

            REZONING CASE NO. CUP03/2/1-3 - RENEW CUP98A/8/1-2 - ANDREW J. AND

            JONI HANSEN/BRUCE DUNCAN, P.A. - TRACKING NO. 15-03-CUP/AMD

 

            At this time, each Commissioner disclosed, for the record, that they had met with the Applicants, Andy and Joni Hansen; Mr. Bruce Duncan, the Applicants’ Attorney; and Mr. Steve Richey, the Attorney representing the opposition, prior to this meeting, regarding this case.

            Mr. Rick Hartenstein, Planner, Growth Management Department, addressed the Board and explained this request, stating that it was a request for approval of a new Conditional Use Permit (CUP) for a ski school and wakeboard training facility (World Wakeboard Center) at the same location (Lake Morgan, more commonly known as Little Lake Blackwelder)as the existing CUP, which will expire on March 1, 2003. He stated that the expiration date did not prohibit the Hansens from requesting a new CUP. He stated that the applicants own approximately 37 acres of lake bottom and approximately 10 acres of uplands along the border of the lake and they wish to continue their operation on the same property, therefore, have requested that the reapplication requirement in Section L., of CUP 98A/8/1-2, be removed. He stated that they would like the new CUP to run with the land, with no expiration date, as long as they abide by the conditions of the CUP. He stated that all previously approved existing uses would remain the same. He stated that the Planning and Zoning Commission approved the request, by a 6-3 vote, with the same conditions as in the existing CUP, with a specific reference to Lake Morgan and the reinstitution of the review cycle for a three year period, which would mean that it would be required to come back before the Board for review in three years. He stated that the Planning and Zoning Commission also recommended that some sort of marking, clearly visible both day and night, be added to all the structures that are left in the lake, which are used for the different wakeboard moves, etc. He stated that four letters of opposition and 32 letters of support were received for this request and that staff concurred with the Planning and Zoning Commission’s recommendation of approval.

            Commr. Cadwell questioned how many complaints the Code Enforcement Department has received over the past three years for this CUP and was informed that there have not been any complaints filed, nor have the applicants been in violation of the CUP.

            Mr. Bruce Duncan, Attorney, Potter, Clement, Lowry and Duncan, representing the Applicants, Andy and Joni Hansen, addressed the Board stating that the school in question has been operating in the area for approximately 30 years, noting that it began as the Liz Allen Ski School. He stated that the applicants are the third owner/operators of the facility, noting that they purchased it in 1993 and have been operating on Lake Morgan, or Little Lake Blackwelder, partially since that time. He noted, however, that ski operations have been occurring on the lake since 1973. He stated that the applicants acquired a Conditional Use Permit (CUP) from the County to allow them to operate the existing facility, which they have done since 1998, with no violations, and they have met their annual inspections, without any problems from the County, as well. He stated that one complaint was filed, regarding their use of Lake Emma, but, it was investigated by the Code Enforcement Department and resolved, without a hearing. He stated that the Planning and Zoning Commission approved the request, with two conditions, which the applicants are asking not be placed in the Ordinance - one being a Condition of Preference for the homeowners on the lake. He stated that there is currently only one home on the lake, which are the applicants. He stated that a subdivision has been approved for the area, consisting of approximately 113 units, which they anticipate is going to increase traffic on the lake. He stated that the applicants are asking that the Board remove the Condition of Preference, because they are concerned that, if it is granted, it is going to make it very difficult for them to operate their school. He stated that they have agreed to time limitations, even though the Ordinance being presented to the Board this date does not contain said limitations, of 8:00 a.m. to 12:00 noon and 1:30 p.m. to 5:30 p.m. He stated that the current Ordinance allows them to operate from 8:00 a.m. to 6:30 p.m. He stated that the other issue is the Sunset issue, noting that the applicants do not believe anybody has a problem with the location of their school on the land, they feel the problem is with the use of the lake. He stated that, at the time the applicants were before the Planning and Zoning Commission, they were under the impression that the lake was a private lake, because it had been indicated as such; however, they have since been informed that the lake is a public lake. He stated that the Hansens are asking that, if the Board feels it is necessary to sunset anything, they sunset the use of the lake and have the CUP be permanent, as far as the location of the structure and the school itself. He stated that the Planning and Zoning Commission has requested a three year sunset, but the applicants would ask that it be extended to five years, because it will take them that long to make other arrangements and locate another lake for the operation of the school. He stated that there is also the possibility that the applicants will not be operating their school in the near future, once their son graduates from high school. He stated that they were not asking for exclusive use of the lake, but for the ability to operate their business on it.

            Mr. Andy Hansen, Applicant, addressed the Board and gave a power point presentation, giving a brief history of the school, up to this point in time. He stated that his school, the World Wakeboard Center (WWC), which is a world renowned training facility in Lake County, has weekly programs, beginning Sunday evening, and they have anywhere from one student to a maximum of 16 during Spring Break and during the Summer months. He stated that they have had students training at their facility from a few weeks to one year. He stated that wakeboarding is an extreme sport, fostered by ESPN X Games and NBC Gravity Games, which feature the new generation of world class competitors. He stated that wakeboarding is the fastest growing board sport, growing at a rate of 100% over the last three years. He noted that the Orlando Sentinel has recognized said fact and has created a whole new section in the Sports section of their newspaper, called “rUsh!”, which features an extreme athlete. He submitted, for the record, the Sports section of the Orlando Sentinel (Applicant’s Exhibit A), dated February 21, 2003, which features one of his students, Phillip Soven, in the new “rUsh!” section he alluded to. He stated that they utilize three lakes in their vicinity, with five students per lake. He stated that the primary lake they use is Lake Morgan, or Little Lake Blackwelder, which they refer to as Lake Hansen, February through September, when most of the activity takes place. He stated that Lake David, in Groveland, is their secondary lake, which they utilize primarily in March and April, during Spring Break, and then again in June and July. He stated that, for the past two Summers, they have utilized Lake Harris as their third lake, when they have more than 10 students, which they usually only utilize during Spring Break and during the Summer months. He stated that his program is a fixed and structured one, which does not vary. He discussed the history of the land use, noting that they purchased the school from Dave and Cindy Benzel, at which time they leased the property on Moon Lake from the ABC Fruit Company. He stated that they were told by Mr. Bob Hester, with ABC Fruit Company, that they could purchase said property and were making arrangements to do so, when he was killed in an accident. He stated that, when Mr. Hester was killed, they were not allowed to purchase the parcel that they were interested in, which was part of a 700 acre parcel. He stated that they were told they would have to purchase the entire 700 acres, which they could not afford to do. He stated that the 700 acres was purchased in 1997 and, in 1998, their lease was terminated. He stated that they searched out some new property, which they found across the street from the property that they were trying to acquire, on the lake that they had already been using, and purchased it. He stated that Florida Land & Ranch, Inc., which is opposed to their school, owns acreage on the lake, at which time he displayed a hand made map (Applicant’s Exhibit B) of his property and the surrounding properties. He noted that his home is the only residence currently on the lake.

            Ms. Joni Hansen, Applicant, addressed the Board and read into the record a letter (Applicant’s Exhibit C) from Ms. Martha D. Arnold, Vice President, R. C. Dunn Oil Company, dated February 19, 2003, in which Ms. Arnold states that the Hansens have been a valued customer of R. C. Dunn Oil Company for almost 10 years and continue to be today and that they provide a great service to the community through their quality program. Ms. Arnold asked that the Board grant approval of the request before them this date, allowing the Hansens to renew their existing CUP and continue to operate and maintain their ski school and wakeboard training facility.

            Mr. Hansen interjected that he had 20 additional letters (Applicant’s Exhibit D) from local businesses that were not previously submitted to the Board, indicating their support of his school and encouraging the Board to vote in favor of the CUP request, which he submitted, for the record.

            Ms. Hansen read into the record a letter (Applicant’s Exhibit E) from the Honorable Connie Fleetwood, Mayor, City of Groveland, dated February 24, 2003, asking that the Board vote in favor of the request. She stated that the Hansens have a quality operation and the school is a source of pride for the community. She stated that the school has been in operation for 30 years and is a staple in the community and it would have a negative economic impact on Lake County, if the Board denies the request.

            Mr. Hansen continued his power point presentation, at which time he stated that he also had 6 letters from residents of Lake Emma (Applicant’s Exhibit F), in support of the request, which he submitted, for the record. He stated that a couple of the residents had opposed his school in the past; however, they now understand what the school is all about and support the request. He submitted a petition (Applicant’s Exhibit G), containing 175 names in support of the request, for the record, as well. He stated that he would like to grandfather use of the lake, during their hours of operation, and have the CUP granted permanently on the land. He stated that people tend not to be on the lake during the time that they operate their school, at which time he noted that there has only been two or three occasions where other people wanted to use the lake during their hours of operation and they were able to work it out among themselves and it was not an issue. He stated that a three year review cycle, as suggested by the Planning and Zoning Commission, is unreasonable for their operation. He stated that it creates an incredible hardship on them to continue to have to come before the Board, not only from an expense standpoint, but the whole perception of their operation not being real in the industry. He stated that, if the Board must do term limits, they would request that it be five to six years of lake use, using the lake for school use during suggested hours of operation, and then having a CUP on the land. He stated that, with regard to a suggestion by the opposition that there are environmental issues involved with the lake, he had an analysis (Applicant’s Exhibit H ) conducted on the lake by Tri-Tech Labs, Inc., and the lake was found to be pristine, however, noted that he is now concerned that the lake is going to deteriorate.

            Mr. Hansen addressed various concerns that were expressed at the Planning and Zoning Commission Meeting, with regard to more than one boat being present on the lake from time to time and the reason for same (additional boat used to carry photographers to shoot special events); the fact that it has been stated they do not have permits for sliders (are currently in the process of obtaining said permits - County had never issued permits for sliders before and was looking into the matter); and an issue regarding his installing a boat ramp on Lake Emma, via a clay road (DEP stated that it was not a concern with them). He read into the Minutes some comments that were made at a previous Board Meeting in favor of his operation. He stated that he and his wife purchased their school with everything they had and then some, noting that they enjoy helping people accomplish their goals and dreams in a society that is very difficult to raise a family in. He stated that they have an environment that promotes family unity and desire to continue their role in the County, therefore, humbly and graciously request the Board’s support of their request.

            Mr. Tom Ferguson, a resident of Villa City and owner of a home on Lake Lucy, addressed the Board and read a statement (Applicant’s Exhibit I) into the Minutes, which he submitted, for the record, in which he stated that he has known the Hansens for several years and considers them to be friends. He discussed the value of their school to the community; allegations concerning their school harming the environment; and opposition to the request that may be brought up on the renewal - both corporate and personal. He stated that the Hansens have trained a number of world class skiers and, because of them, the Groveland and south Lake County area is recognized throughout the country as a skiing center. He stated that the CUP in question is for Lake Morgan and any alleged allegations about conflicts and problems at other locations should not be brought into consideration for this CUP. He stated that a couple of years ago, the Hansens asked for a separate CUP, to operate on a lot that they had on Lake Emma, which has a lot of residents, and there was a lot of opposition to that CUP. He stated that the application was voluntarily withdrawn, because of that opposition, however, noted that there were some personal conflicts that developed during that application process. He stated that he feels some of the opposition today to the Hansen’s CUP on Lake Morgan arises out of that and it is by people that are not going to be adversely affected by the operations on said lake. He stated that Florida Land & Ranch, Inc. is developing property on Lake Morgan and they want to shut down the Hansen’s ski school operation. He stated that they have no real ties to the local community and the CUP was in existence when they started the plans for their development. He stated that, if they did not know about it, it was bad research on their part and they should live with it, and, if they did know about it, yet bought the land and proceeded with their plans, they should still have to live with it. He urged the Board to allow a long-standing, successful, local business to continue to operate on Lake Morgan, because it is the right thing to do.

            Mr. Glenn Peroni, a resident of Groveland and neighbor of the Hansens, addressed the Board and read a statement (Applicant’s Exhibit J) into the Minutes, which he submitted, for the record, in which he states that he was present at this meeting to support them, as friends and as a local business. He stated that he is a professional firefighter and paramedic with the City of Leesburg Fire Department and has been a resident of Lake County for the past ten years. He stated that he has been a member of the United States National Team for the sport of Triathlon, representing the United States in international competition. He stated that last October he represented Lake County at the Ironman World Championship in Hawaii, at which time he noted that many international athletes come to Lake County to prepare and compete. He encouraged the Board to continue to allow said athletes to use the natural resources that Lake County has to offer, for future generations, noting that they too will need to develop the physical and mental training to be worthy representatives of Lake County and the country. He stated that the Hansen’s family owned and operated business has a rock solid foundation of excellence and integrity. He stated that they are a shining example of what Lake County can be proud of, which is not dollars and sense, but sharing what the County has in its own backyard to make a difference in the world. He asked that the Board allow the Hansens to continue to provide a place for athletes and families to gather and enjoy the blessings that the residents of Lake County have been given.

            Mr. Sam Weber, a resident of Groveland, addressed the Board and read a statement (Applicant’s Exhibit K) into the Minutes, which he submitted, for the record, in which he states that he has known the Hansens for over 25 years and has found them to be outstanding individuals and excellent members of the community. He stated that they purchased and continue to operate what was the Benzel Skiing Center with the same professionalism that Dave and Cindy Benzel employed to make their school the standard by which all others were judged. He stated that Andy Hansen saw the growth in wakeboarding and wisely converted his school from a ski school to a wakeboard camp and enjoys an outstanding reputation, especially with parents who have entrusted their children with the Hansens. He stated that they provide a wholesome and safe environment for their students, noting that it is the kind of place that you would be comfortable sending your children to. He stated that he resides close to the Hansen’s property and his son is an avid wakeboarder and has been able to trade odd jobs around their camp, in return for wakeboard lessons. He stated that his son has some developmental challenges and the trade works out far better in his favor, than in the Hansens, but that is representative of the type of people that they are. He stated that it is unimaginable to him that someone with deep pockets and a high powered attorney could enter into the picture and force them out of business. He stated that water skiing and wakeboarding is a fabric of this community, noting that they are what makes Lake County a special place to live. He asked that the Board not allow influence and affluence to change that, noting that, if Florida Land & Ranch, Inc. wanted to offer their residents a lake without regular boat traffic, there are a lot of other lakes that the developer could have chosen. He stated that it seems to him that part of the strategy to enhance the marketability of their development is to force the Hansen’s off their own lake and out of business and asked that the Board not allow that to happen.

            Mr. Trey Weber, the son of Sam Weber, addressed the Board and read into the Minutes a statement (Applicant’s Exhibit L), which he submitted, for the record, stating that he has known the Hansens his entire life and learned to wakeboard nine years ago, which he loves to do. He stated that for seven years he tried to teach himself a trick called the “backroll”, to no avail, however, noted that, with Mr. Hansen’s patience and ability as a teacher, he was able to accomplish it. He stated that the Hansens are great people and asked that the Board not shut down their wakeboard camp.

            Mr. Matt Burn, representing the American Wakeboard Association and U.S.A. Water Ski, which he noted is the governing body for waterskiing, addressed the Board and asked that they grant the Hansens their CUP request, noting that their school is one of the oldest such schools still operating in the country and they feel that it would be a great loss to the whole water skiing community, as well as Lake County, if their request is not approved. He stated that the school has been in existence for 30 years and, over those 30 years, it has had a great economic impact to the County. He stated that wakeboarding is one of the fastest growing board sports in the country and will continue to increase in popularity, because it has the support of so many sponsors that bring tournaments to the County, as well as many others in the State of Florida. He stated that U.S.A. Water Ski supports the Hansens in everything they do and they hope the Board will realize the great business that they have and decide to keep it alive.

            Mr. Dan Stewart, a resident of Groveland, addressed the Board stating that he has known the Hansens for many, many years. He stated that he and Mr. Hansen share leadership roles in their church and he has attended bible study at their house. He stated that he is also a lakefront property owner and is concerned about the undeveloped land around the lake that he lives on. He stated that he and his family do a lot of skiing and he is concerned about the possibility of a developer coming in and deciding that he wants the lake to be just a fishing lake and the precedent that may take place. He stated that, in the business world, it is a dog-eat-dog world and a lot of people he knows moved to Lake County to get away from the dog-eat-dog lifestyle. He stated that he hoped the Board would not be the welcoming committee for that type of lifestyle.

            Mr. Robin Friday, a resident of Orlando, addressed the Board stating that he and his wife have known the Hansens for over 20 years. He stated that he was coming before the Board as a parent, noting that both his son and daughter attended the Hansen’s school, before they became professional competitors. He stated that the Hansens provided him and his wife more than just an opportunity for their children to learn the technical aspects of the sport, but a true wholesome environment of integrity, which was more important to them - to be able to instill in their children self-esteem and what is truly important in life. He stated that both of his children have succeeded quite well in their careers, through their introduction to the Hansen’s school and learning the technical aspects of water skiing and wakeboarding, noting that his son and his daughter have been National and World Cup champions. He asked that the Board vote in favor of extending the CUP for the Hansen’s ski school, noting that he feels it is a credit to the Lake County community.

            Mr. Duncan, Attorney, representing the Applicants, readdressed the Board stating that Mr. Frank Reeves, a resident of the area in question, who was the Hansens’ neighbor on Moon Lake, in Villa City, and their greatest opponent four years ago, was not able to attend the meeting; however, he wanted the Board to know that he supports the request. He played a short video (Applicant’s Exhibit M ) of Mr. Reeves stating that he supports the request and that, over the years, he has become good friends with the Hansens and he could, without reservation, say they are two of the finest people he has ever known. He stated that, in all the years that the Hansens ran their ski school, there was never even the slightest problem involving the school. He stated that doing the right thing and basing it on honesty and integrity should have a place in society. He asked the Board to approve the Hansen’s CUP request, because it is the right thing to do.

            RECESS AND REASSEMBLY

            At 10:10 a.m., the Chairman announced that the Board would recess for 10 minutes.

            REZONING CASE NO. CUP03/2/1-3 - RENEW CUP98A/8/1-2 - ANDREW J. AND

            JONI HANSEN/BRUCE DUNCAN, P.A. - TRACKING NO. 15-03-CUP/AMD

            ( CONT’D.)

 

            Mr. Steve Richey, Attorney, addressed the Board stating that he was present representing Mr. Bloxam Davis, Ms. Ruth Stokes, and Florida Land & Ranch, Inc., which he noted is the developer of the Ranch Club subdivision, who are opposed to this request. He stated that Ms. Stokes has owned property in the Villa City area for almost 30 years and currently owns a parcel of property that is planted in pine and fronts on Lake Morgan. He stated that she would like everybody to understand that the lake in question is named either Lake Morgan or Lake Bryant, noting that she took personal offense to Mr. Hansen naming the lake after himself. He stated that the lake Mr. Hansen refers to as Lake Hansen is actually Lake Morgan. He stated that four years ago he appeared before the Board representing the same people that he was representing this date, except that he represented Terry and Yvonne McEwen, who owned the 700 acres that was subsequently purchased by Florida Land & Ranch, Inc. He stated that Mr. Duncan stated Mr. Reeves was opposed to the school four years ago, however, noted that Mr. Reeves has always been in support of the Hansen’s school and was not present in opposition to it four years ago, as Mr. Duncan stated. He stated that Mr. Reeves was pleased to support the moving of the school from Moon Lake, which he lives on, to Lake Morgan. He stated that the video taped statement from Mr. Reeves shows that he supports the school being on a lake that he does not live on.

            Mr. Richey stated that the people he was representing this date came before the Board four years ago indicating that they had plans to take their property, which was zoned Agriculture, and develop it into a subdivision. He stated that the Board approved the plat last week, which contains 113 five acre tracts, of which 25 are under contract at the present time. He stated that the lots range in price from $100,000 to $300,000, depending on where they are located. He stated that 13 of the lots front on and have access to Lake Morgan and the property owners have obtained permits from the SJRWMD to construct boat docks. He stated that, in addition to that, an application has been approved and building plans have been approved by the SJRWMD to have a common access to Lake Morgan, which will have a boat ramp and dock for use by the entire community. He displayed an aerial (Opposition’s Exhibit A), which he submitted, for the record, showing the site of the Hansen’s ski school, as well as the Ranch Club subdivision property and the properties of the other parties that he was representing this date, being Ms. Ruth Stokes and Mr. W. C. Davis. He stated that, when he came before the Board four years ago, he raised several concerns, one being the fact that they were actively in the process of developing the property into five acre tracts, under the existing zoning and Comprehensive Plan. He stated that the concerns expressed four years ago have happened. He stated that, when the Forbes came in to do due diligence on their 700 acres, they were presented with the CUP that is contained in the Board’s backup material, which he noted refers to the Hansen’s ski school. He read into the record excerpts from said CUP, noting that it states, under Item L. - Duration, that the CUP shall expire four years from the date the Ordinance is recorded, but, in no event, no later than March 1, 2003, and that the expiration of the CUP does not prohibit the applicants, their successors and/or assigns for a new CUP, if such permit exists at that time. He stated that his client, Florida Land & Ranch, Inc.,purchased a piece of property understanding that the quasi-commercial use across the road from their property was expiring March 1, 2000, and proceeded to develop their residential community, based on that fact. He addressed other aspects of the CUP, noting that the school was built to look like a house, because it had a drop-dead date to go away as a school. He stated that Mr. Duncan indicated he did not think Florida Land & Ranch, Inc. had a problem with the house continuing to be used to house students, which is true; however, they do have a problem with the lake being considered a public lake and that one can do anything one wants to do on a public lake, because it is open to the public. He stated that, according to Mr. Duncan, the only control the Board would have over the lake is how the uplands are controlled, because the State’s Department of Environmental Protection controls what can happen in the lake. He stated that his clients do not have a problem with the Hansens continuing to use the house to house students, but they do have a problem with the continued utilization of the lake, in the way that it is currently being utilized.

            Mr. Richey stated that there has been a lot of discussion about the ski school being on the lake for 30 years, noting that the applicants indicated they bought the school 10 years ago and operated it on Moon Lake. He stated that they moved the school to its present location four years ago. He stated that his clients will tell the Board that, prior to four years ago, Lake Morgan was occasionally used for skiing and slalom, but it was not used for 30 years as a ski school of the intensity that it is currently being used, with wakeboard jumps and the boat traffic that is on it today, be it one or two boats. He stated that the nature of the utilization of the lake changed when the nature of the business changed and it went from a ski school to a wakeboard school and moved from Lake Moon to Lake Morgan. He stated that it is an intensive use and is in conflict with the residential nature of what is being developed there. He submitted, for the record, a letter (Opposition’s Exhibit B) from Mr. Thomas Stovall and Ms. Stefanie Anderson, who purchased Lot 40 at the Ranch Club subdivision, stating their opposition to the request, and a letter (Opposition’s Exhibit C) from Mr. John Lyle, President, Bio-Source, Inc., who purchased a lot in the subdivision, stating his opposition to the request, as well.

            Mr. Richey stated that one of his clients, Mr. Davis, appeared before the Board stating that his grandsons were visiting and tried to use Lake Morgan, but were put in fear a couple of times by boat traffic on the lake, so the Board put a provision in the current CUP that states that residential recreation has superiority on the lake to the ski school’s commercial utilization. He stated that Mr. Davis was present in the audience and his position is that he has had conflict trying to use the lake, because of the abundance and the nature of the skiing. He stated that they are not talking about skiing, but wakeboarding, or, in other words, extreme sports. He stated that extreme sports is just what it says it is - it is extreme and fast paced and causes a substantial disruption to the ability of others to use a 62 acre lake. He then submitted, for the record, a photograph (Opposition’s Exhibit D) that was taken of a wakeboarder being pulled by one of the school’s boats and showing one of the jumps that are used by the school in the background. He stated that it is not a passive sport, but a very intense sport, that disrupts use of the lake substantially. He submitted, for the record, a letter (Opposition’s Exhibit E) from Mr. Davis, indicating his opposition to the request, because of concerns about the utilization of the lake and the future utilization of people that he might sell some of his property to; a concern about the hours of operation, which he feels have not been complied with; and the weekend utilization of the lake, which also has not been complied with, in the current CUP.

            Mr. Richey stated that there was some discussion about the nature of the cleared area across the lake from the Florida Land & Ranch, Inc. property and, in rebuttal to his raising the question about the clearing of the lake, Mr. Duncan, or one of his clients, indicated that it was because of the drought that the County had recently suffered and that the shoreline had gone away. He stated that the drought had a little help from its friends, at which time he submitted, for the record, a digital photograph (Opposition’s Exhibit F) showing a tractor clearing the shoreline. He stated that there was some discussion about Florida Land & Ranch, Inc.’s utilization of their lakefront, because they have 13 docks permitted and a common dock across from the school. He stated that the SJRWMD has required them to limit the disturbance, or clearing of the shoreline, for their 13 docks to 5 feet, not the 50 feet allowed by the Florida Statutes, so that a property owner can stand next to their dock and tie up their boat or get into their boat. He stated that, if one looked at the shoreline in the picture, they would see several hundred feet of shoreline has been cleared. He stated that Mr. Hansen indicated at the Planning and Zoning Commission Meeting that he had been in touch with the Department of Environmental Protection (DEP) and was working things out, however, noted that he had spoken with Ms. Sara Raya, Environmental Specialist with DEP, and was informed that no permits have been issued for the school’s jump or wakeboard facilities that are in place and that none have been applied for, to her knowledge. He stated that she indicated the clearing of the shoreline and the activities that are going on there have been turned over to DEP enforcement, for action. He submitted, for the record, a memorandum (Opposition’s Exhibit G) from Ms. Cheryl Ellinor, with Land Planning Group Environmental & Permitting Services, Inc., in which she addresses said fact.

            Mr. Richey stated that the request before the Board this date is not a renewal of a CUP, it is a new CUP, because the old one expires March 1, 2003. He stated that the Board is looking at it anew and that he feels, for them to do so, they need to look at the conditions that have to be met for a CUP, being that the proposed CUP will not have an undue adverse affect upon nearby property owners; that it is compatible with the existing or planned character of the neighborhood; that all reasonable steps have been taken to minimize any adverse affects of the proposed CUP, to the use in the immediate vicinity, through the development, design, landscaping, and screening; and that the proposed CUP will be constructed, arranged, and operated so as to not interfere with the development of neighboring properties, in accordance with the applicable district regulations. He stated that the intensity of the use of the property in question on the ability of Ms. Stokes to market her property and sell it for future residential and for Mr. Davis’ utilization of his citrus grove, which is zoned R-1, for residential purposes, is adversely affected by the nature of what goes on in the lake and the intensity of it, which is extreme wakeboarding and uses that are in conflict with the residential nature of what has developed, because Ranch Club is on the ground, with houses that are going to be built in the next six to nine months, and the existing residentially zoned properties that are contiguous to it. He stated that the conditions that are currently in the CUP worked when the lake had limited use, however, noted that they were put in the CUP for the limited use that they were protecting against. He stated that it does not and cannot protect the residential nature of what has been developed there that is going to happen over the next six to nine months and clearly over the next couple of years, as the parcel of property known as Ranch Club has homes built - substantial homes that will pay substantial taxes. He stated that nobody can argue with the positive benefit that the kinds of activities that the Hansens do provide to Lake County, however, noted that the argument is not the positive benefit of those activities, it is where those activities are taking place, which is a lake that is shared by a lot of people, who are in conflict with the school. He stated that there are a lot of lakes in Lake County that are big enough for the Hansens to permit jumps and have those kinds of activities, in remote areas, without the potential conflict with the residential units that will be constructed around Lake Morgan. He further elaborated on problems involving the lake and the Hansen’s ski and wakeboarding school. He stated that Mr. Duncan wants to do away with the very protections that were put in the CUP four years ago, even though he was told four years ago that the CUP would be expiring in four years and that he would have to find another place for the school to operate. He stated that Mr. Hansen was put on notice of what the Board approved and his clients relied on it and the very things that they said were going to happen happened. He suggested that the Board let Mr. Hansen permit his school on a larger lake in the County, which will not have the adverse affect that it has the potential of having on Lake Morgan.

            Mr. Duncan, Attorney, representing the Applicants, readdressed the Board, in rebuttal to Mr. Richey’s comments, at which time he questioned the applicant about the DEP issues and whether they had been addressed, prior to the application before the Board this date, to which Mr. Hansen responded that his school has not always had the sliders, at the time that they moved from Moon Lake to the new lake, Little Lake Blackwelder. He stated that they had to set up operations there and the sliders were not in existence then, noting that they have only been in existence the last couple of years, when they were introduced to the sport of wakeboarding. He stated that he called DEP, because they heard that there were issues regarding the permitting of sliders in the area, noting that a wakeboarding camp in Clermont also had sliders put into the water at the same time that he did, because of the nature of what the sport was demanding and DEP was involved with it. He stated that he called them and informed them about what his school entailed, noting that they have sliders in the water and would like to know what to do, to permit them properly, and that Mr. Mark Langford, from DEP, came to his facility, took photographs, and gave him guidance. He stated that Mr. Langford indicated DEP would get back with him regarding the issue of permitting, however, noted that they did not get back with him until just recently. He stated that he met with several people from DEP, to discuss what was required, based on the unusual circumstances of the CUP and the fact that they own 40 acres of the lake bottom. He stated that DEP indicated they were trying to figure out what to do, relative to the issue, because they wanted to be able to back up what they stated to him, noting that they were addressing the issue on a statewide basis. He stated that, with regard to the tractor in the lake and the clearing of the shoreline, he was trying to clean up what is called bullet grass, muck, and over 50 years of broken glass bottles. He stated that they put a rake on the back of the tractor and cleared the shoreline, thinking that was the responsible thing to do, but, when it was brought to his attention that they were clearing more than they should, he talked to DEP and was told that he could get an extension to the 50 foot requirement and go out 100 feet from the shoreline and, if they needed to go out further, DEP would work with them and have them plant vegetation of the type that they were removing in other areas of the lakefront. He stated that their intention was to clean up the shoreline properly and to do it within the Code and the policies that the County has for those kinds of activities. He relayed to the Board what he had to go through, with the County’s Building Department, to build his school and make it look like a residence. He stated that they went through a very stringent process.

            Mr. Hansen informed the Board that he met with the Forbes, prior to their purchasing the Florida Land & Ranch, Inc. property, because he wanted to make sure they understood the school’s operation and the conditions they were under. He stated that they had a nice conversation about the school, at which time Mr. Forbes indicated he did not have a problem with the skiing, in fact, noted that he felt it was something the surrounding property owners would enjoy watching. He stated that, with regard to the issue involving Mr. Davis, he has never seen Mr. Davis. He stated that they would be happy to not only let him have the use of the lake by himself, if that is what he wished, but to provide their professionalism to his grandchildren. He stated that people try to discredit his school and he and his wife do everything they can to try to do things properly. He stated that, with regard to the intensity of the use of the lake 30 years ago, students that were at the school at that time would testify that the intensity was just as great then as it is today, because it was a desired lake, due to its pristine nature and the fact that it had two slolam courses on it.

            Mr. Hansen answered a question from Mr. Duncan regarding a concern that had been expressed, with regard to the wakes that are created by the boats and the impact that the wakes have on the shoreline, noting that they only use one boat at a time and they just go up and down the middle of the lake, so, by the time the wakes get to the shoreline, they are relatively nothing. With regard to a question from Mr. Richey about the clearing of the shoreline, Mr. Hansen noted that they usually clean the shoreline every two weeks. He stated that they have filled no less than a dozen 55 gallon drums of broken glass over the years. He stated that, to date, he has not been cited with any violations, with regard to his ski and wakeboarding school.

            Mr. Duncan stated that no matter what lake the Hansens choose for their school, if it is not already developed, it will be eventually and they are going to run into opposition, because lakes are prime developable property. He stated that, with regard to the Ordinance stating that there was a drop-dead date, it states that the Hansens have the ability to come back before the Board for an extension. He stated that there is nothing in it that prohibits the Hansens from coming back to the Board and asking for an extension, or renewal, or a new CUP, to allow them to continue to operate their school. He distributed to the Board, for their perusal, a brochure (Applicant’s Exhibit N) about the school and what it has to offer, noting that it shows the shoreline, the facility, the boats operating on the lake, etc., which he submitted, for the record.

            There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

            Commr. Cadwell stated that he did not support the CUP four years ago, when it came before the Board for approval, because he had some concerns about having a commercial operation in that type of area, however, noted that some of his concerns have been relieved. He stated that the County promotes recreation and training facilities as an economic engine and questioned the fact that, if the school is not allowed to operate on lakes such as the one in question, where would they operate. He stated that, while he does not agree with doing away with the sunset provision, he feels there needs to be a time frame, because the area around the lake is going to continue to develop. He stated that he was concerned about the fact that Mr. Hansen stated he generally clears the shoreline in front of his facility every two weeks, noting that, with all the County has gone through regarding the issue of shoreline protection, he would think that everybody in the County would know that that is not acceptable. He stated that, while everyone would like to have a 300 foot beach, it is not within the rules and he would hope that DEP would stand by their own rules and have the beach restored. He stated that he feels the operation should be reviewed again in three years.

            Commr. Hanson stated that some of her concerns are the same as Commr. Cadwell’s, at which time she questioned whether staff was comfortable that the Hansen’s school is in compliance.

            Mr. Hartenstein readdressed the Board stating staff is in compliance with the conditions of the CUP, however, noted that the clearing of the shoreline is another issue. He stated that the County has not had any complaints registered regarding same. He stated that staff was comfortable with the Planning and Zoning Commission’s recommendation that, rather than a drop-dead date being placed on the school, for continuation, that there be a review cycle, where it will automatically come up for review every three years. He noted that CUPs are inspected annually by Code Enforcement anyway.

            Mr. Sandy Minkoff, County Attorney, interjected that he was not sure the Planning and Zoning Commission’s action was the way that Mr. Hartenstein stated. He stated that they indicated they wanted to put the provisions of the old CUP in place and it is important what happens at the end of that three years, noting that, if the language reads that the CUP terminates, unless the Board agrees to renew it, the burden is going to be on the applicant to have to prove that it should be renewed. He stated that, if it is written that it is just going to be reviewed after three years and could be revoked, if it is not in compliance, then the burden would be on the Board to show why it should not continue, which is an important distinction. He stated that the Planning and Zoning Commission passed it the way that it was originally stated, which is that at the end of the time period it would expire and the Hansens would have to come before the Board and get it approved again.

            Commr. Hanson stated that she feels the school is going to have a lot of competing interests and will continue to have them, between fishing, swimming, skiing, wakeboarding, agriculture, etc., and she feels it is important that everyone involved try to find a solution, so that they can all use the same resources. She stated that she feels, if the school is eliminated when the homes in the Ranch Club subdivision are in place, there will be more and more use of jet skis, which will have as much, if not more, impact on the lake. She stated that, as the alternative uses continue to slow down, she feels it will promote more and more development of residential uses, rather than mixed uses. She stated that she was leaning toward approving the request, but that it be reviewed at the end of a time period.

            Commr. Cadwell stated that, on Page 3 of the Ordinance, under Item L. - Duration, it talks about the fact that the expiration of the CUP does not prohibit the applicants, their successors, and/or assigns from applying for a new CUP, if such a permit exists at that time, and he would feel more comfortable with leaving said language in, noting that, as Mr. Minkoff stated, the burden will be on the applicants to come before the Board and prove that they should continue to have their school at the lake, rather than the Board proving that they should not.            Commr. Hanson stated that the Board could grant a permanent approval for the school and a temporary approval for the use of the lake.

            Mr. Minkoff stated that the County does not currently have a specific prohibition against using public lakes for quasi-commercial purposes, noting that there are tour boats and fishing guides who use it. He stated that, if Mr. Hansen went out on the lake without approval, the Board might have some difficulty using the current Code to stop him.

            Commr. Cadwell stated that, if the County cannot come up with some language to put in the Ordinance, giving the Hansens some assurance on the property, without giving up the County’s right to try to control what happens on the lake, as it grows, he would rather leave the language the way that it is currently stated in the Code, and just have a review of the CUP in three years.

            Commr. Pool stated that he understood that the Hansens run an operation that people respect and one that is recognized worldwide for learning to wakeboard; however, he feels that one has to recognize the fact that the other residents who own property around the lakes that the Hansens utilize should have the opportunity to own water craft and utilize the lakes, as well. He stated that he feels the pressure is going to get greater for the Hansens to find another location, because of the incompatibility of other water craft that will be utilizing the lake, as the Ranch Club subdivision continues to build homes and the area continues to grow. He stated that he felt limiting the activities on the lake would be beneficial for everyone involved, at least on the weekends, or at times when the other residents want to utilize the lake. He stated that he would support the continuation of the CUP, however, feels that there has to be a review of it. He stated that he feels there is going to continue to be conflict with Ms. Stokes, Mr. Davis, and other property owners around the lake, as time goes on, and he would not want to deny them the opportunity to utilize the lake.

            Commr. Hill stated that she did not feel any of the Board members would want to put anyone out of business, noting that that is not their intent, they are just trying to create a situation that everyone can live with. She stated that wakeboarding seems to be a little more of an extreme sport than other types of water sports and questioned whether Lake Arthur would be a better lake for the Hansens to utilize, noting that it looks larger than Lake Morgan. She stated that she felt the Hansens needed a larger lake to utilize for their school than Lake Morgan.

            Mr. Duncan readdressed the Board, in response to Commr. Hill’s question about Lake Arthur, noting that the Hansen’s property abuts Lake Arthur and, in 1998, the Hansens requested approval to utilize Lake Arthur; however, several residents around the lake appeared before the Board in opposition, so Mr. Hansen agreed not to utilize the lake and has not done so. He stated that, with regard to the size of the lake, Lake Morgan is a 62 acre lake, so it is plenty big for the school’s activities. He stated that some of the benefits of utilizing Lake Morgan is that the lake is clear and there are very few alligators in it.

            Commr. Stivender stated that she has looked at the site and feels that the developer is doing an excellent job, with regard to environmental issues, etc. She stated that she hopes everyone involved can work it out and co-exist on the same lake.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2003-14 - Andy and Joni Hansen/Bruce Duncan, Esquire, Rezoning Case No. CUP03/2/1-3, Tracking No. 15-03-CUP/AMD, a request to renew existing Conditional Use Permit No. CUP98A/8/1-2, which will expire on March 1, 2003, allowing the owners to operate and maintain a ski school and wakeboard training facility in and on real property in Lake County, with the conditions that the language contained in Item B., on Page 2 of the Ordinance, remain, which states that there shall be no more than one (1) boat operating at a time and that, if the lake is being used by abutting property owners and/or their guests, the ski school cannot operate a boat on the lake; that the hours of operation, contained in Item C., on Page 2 of the Ordinance, be changed from 8:00 a.m. through 6:30 p.m. to 8:00 a.m. through 5:30 p.m., with the compliance that the applicants will meet all federal, state, and local regulations; and that the CUP will expire in three (3) years, rather than four (4) years, as stated under Item L., on Page 3 of the Ordinance.

            REZONING CASE NO. PH49-02-1 - AMENDMENT TO CP ORDINANCE NO. 88-88

            ROBERT C. GRIGSBY/STEVEN J. RICHEY, ESQUIRE - TRACKING NO. 87-02-

            CPI/AMD

 

            Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the Board stating that Mr. John Kruse, Senior Planner, Growth Management Department, originally presented this case in November of 2002, at which time some issues were brought up for discussion.

            Mr. Steve Richey, Attorney, representing the Applicant, addressed the Board stating that the property in question is currently zoned C-1 (Neighborhood Commercial) and the request before the Board is to rezone it to CP (Planned Commercial). He stated that the property is located at the intersection of SR 44 and Radio Road. He stated that a list of uses for the property was presented to the Board at the meeting in November of last year, doing away with adult entertainment, obnoxious uses, etc., however, noted that there is a condition to the CP zoning, in that a double wide mobile home currently located on the back side of the property be removed. He stated that the adjoining neighbors were concerned about the mobile home being located next to their residential homes, so he asked staff to readvertise the Ordinance, to allow the mobile home to remain on the property as a caretaker’s residence, for the commercial zoning to be located on the front of the property. He stated that the request was readvertised and the applicant is now ready for the Board to act on it. He asked that the Board approve the request and add a condition that the mobile home be allowed to remain on the property.

            The Chairman opened the public hearing.

            Commr. Hill noted, for the record, that she had spoken with Mr. Richey regarding this case prior to the meeting and that she had made a couple of site visits, as well.

            Mr. Richard Wright, III, a resident of the area, addressed the Board and questioned what types of uses a CP zoning would allow on the property, at which time he was given a list of uses, being banking, consumer services/repair, professional offices, restaurant - general, restaurant - fast food, retail - convenience, retail - general, self service storage, vehicular sales, nursery - plant, garden, day care center, and caretaker’s residence. It was noted that automotive repair was removed from the list, as an allowed use. He stated that he was concerned about said uses, noting that he and his family have a hard time entering and exiting their property, as it is.

            Mr. Richey stated that the Ordinance requires the applicant to come back with a site plan for anything that is constructed on the property and part of that site plan review is to deal with the issue of access, making it better, and to make improvements to the road, as well. He stated that the C-1 zoning would require the same thing, however, noted that it would allow more uses.

            Mr. Wright then questioned what will be done about lighting and noise generated from the property, to which Mr. Richey responded that, as part of the site plan review, any lighting will have to be directed back onto the property and the County has reduced the amount of noise that will be allowed to be generated from the property, by eliminating some of the uses that generate excessive noise.

            Commr. Hill questioned Mr. Richey about a box type trailer and shed that is located on the property, questioning whether they would be removed.

            It was noted that the box type trailer has already been removed and the shed will be removed, as well - the only trailer that will remain on the property will be the double wide mobile home that will be used as a caretaker’s residence.

            Mr. Leroy Adams, a resident of Radio Road, addressed the Board stating that he is concerned about the request, noting that it takes him ten minutes sometimes to exit his property onto Radio Road and asked that the speed limit on said road be reduced.

            Mr. Richey stated that the matter would be addressed during site plan review.

            There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2003-15 - Robert C. Grigsby/Steven J. Richey, P.A., Rezoning Case No. PH49-02-1, Tracking No. 87-02-CP/AMD, a request for an amendment to CP (Planned Commercial) Ordinance No. 88-88, with a condition that the Ordinance include limited C-1 (Neighborhood Commercial) and C-2 (Community Commercial) uses and that it eliminate automotive repair as an allowed use.

            VOLUNTARY REVOCATION OF CONDITIONAL USE PERMITS

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

            There being no one present who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following Ordinances, with regard to the voluntary revocation of Conditional Use Permits:

            Ordinance No. 2003-16 - John and Ramona Sanders, Revocation of CUP No. 877-4,Tracking No. 18-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture), for a home occupation/typing service.

 

             Ordinance No. 2003-17 - Grace Parker Guenther and Blanche Parker, Revocation of CUP No. 87/2/1-5, Tracking No. 19-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture), for a home occupation/real estate office.

 

            Ordinance No. 2003-18 - Kenley Platt/Platt Farms, Inc., Revocation of CUP No. 89/6/3-2, Tracking No. 20-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture), for agricultural housing for a dairy farm.

 

            Ordinance No. 2003-19 - William C. Pixley/Gene and Barbara Batson, Revocation of CUP No. 92/4/3-4, Tracking No. 21-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture), for brokering of agricultural products.

 

            Ordinance No. 2003-20 - Dick and Sharen Driggs/Effie Gougler, Revocation of CUP No. 97/7/2-4, Tracking No. 22-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture), for temporary placement of a mobile home for the care of the infirm.

 

            Ordinance No. 2003-21 - James Getford/Getford Farms, Inc., Revocation of CUP No. 99/1/1-5, Tracking No. 23-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture), for an outdoor recreational paintball field and accessory uses.

 

            Ordinance No. 2003-22 - Russell and Lea Glasscock/Ronald Bateman, Revocation of CUP No. 99/4/2-3, Tracking No. 24-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture), for temporary placement of a mobile home for the care of the infirm.

 

            Ordinance No. 2003-23 - Kenneth and Patricia McKeever, Revocation of CUP No. 99/7/3-4,Tracking No. 25-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture), for a home occupation for an ice-making business.

 

            Ordinance No. 2003-24 - Dennis and Jackie Crampton, Revocation of CUP No. 99/8/1-2,

Tracking No. 26-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture),for temporary placement of a mobile home for the care of the infirm.

 

            Ordinance No. 2003-25 - James and Shelly Hayes, Revocation of CUP No. 99/12/2-4,

Tracking No. 27-03-CUP/REV, a request for voluntary revocation of the uses permitted for a CUP in A (Agriculture), for temporary placement of a mobile home for the care of the infirm.

 


            OTHER BUSINESS

 

            APPOINTMENT TO BOARD OF ADJUSTMENTS

 

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. Carl Ludecke to a vacant at-large position on the Board of Adjustments.

            APPOINTMENT TO INDUSTRIAL DEVELOPMENT AUTHORITY

            The appointment of individuals to vacant positions on the Industrial Development Authority was postponed until the Board Meeting scheduled for March 11, 2003.

            ADDENDUM NO. 1

            APPOINTMENTS TO PEAR ADVISORY COMMITTEE

            The appointment of individuals to vacant positions on the PEAR Advisory Committee was postponed until a later date.

            REPORTS - COMMISSIONER HILL - DISTRICT 1

            RESOLUTION SUPPORTING LAKE SUMTER COMMUNITY COLLEGE’S

            FUNDING FORMULA REQUEST FROM THE LEGISLATURE

 

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-24, in support of Lake Sumter Community College’s funding formula request from the Legislature.

            REPORTS - COMMISSIONER POOL - DISTRICT 2

            SOUTH LAKE COUNTY COMMUNITY FOUNDATION’S PIG-IN-A-POND EVENT

            Commr. Pool reminded the Board that the South Lake County Community Foundation’s Pig-in-a-Pond event is scheduled to be held this weekend in Clermont and invited everyone to attend.

            REPORTS - COMMISSIONER POOL - DISTRICT 2

            SPEED LIMIT ON OSWALT ROAD

            Commr. Pool informed the Board that he has received a number of calls regarding the speed limit on Oswalt Road and requested that it be monitored, to determine whether it should be lowered from 35 mph to 25 mph.

            REPORTS - COMMISSIONER POOL - DISTRICT 2

            INTERSECTION OF OLD HWY. 50 AND HANCOCK ROAD

            Commr. Pool brought to the attention of the Board a concern that has been expressed by residents in the area of Old Hwy. 50 and Hancock Road that they feel a traffic signal should be installed at said intersection. He asked that the intersection be monitored, at which time it was noted that the County has planned to complete the construction of said road, open it to traffic, monitor the situation, and determine at that point whether there is a significant amount of turning movements that would require a traffic signal.

            REPORTS - COMMISSIONER STIVENDER - DISTRICT 3

            LAKE COUNTY DAY IN TALLAHASSEE

            Commr. Stivender thanked everyone who participated in Lake County Day, in Tallahassee, noting that she feels they accomplished a lot by attending said function. She thanked Mr. Jacob Ogles, a reporter with The Daily Commercial, who attended said function and wrote some informative articles about it. She noted that 18 legislators attended the function, as well as 8 senators. She thanked Sheriff Knupp and the Sheriff’s Department for their participation in the event, as well.

            REPORTS - COMMISSIONER STIVENDER - DISTRICT 3

            MURAL ON LAKE COUNTY PUBLIC RECORDS CENTER IN TAVARES

            Commr. Stivender informed the Board that the mural has been started on the side of the Lake County Public Records Center, in Tavares, at which time she displayed a rendering of said mural, for the Board’s perusal.

            REPORTS - COMMISSIONER HANSON - DISTRICT 4

            ST. JOHNS RIVER RESTORATION WORKING GROUP MEETING

            Commr. Hanson informed the Board that she will be attending the St. Johns River Restoration Working Group Meeting in Jacksonville, on February 28, 2003, for Commr. Cadwell, who is a member of said group, but will be unable to attend the meeting.

            REPORTS - COMMISSIONER HANSON - DISTRICT 4

            PROPERTY IN WEKIVA BASIN ZONED RR (RURAL RESIDENTIAL)

            Commr. Hanson informed the Board about a family that owns 50 acres in the Wekiva Basin, which is currently zoned RR (Rural Residential), who has purchased a manufactured home and would like to place it on the property. She stated that the family has applied for a down zoning, in order to be able to place said home on the property, due to the fact that the RR zoning category does not allow it. She stated that the owners understand that, if for some reason the rezoning is not approved, they will have to move the manufactured home off the property and have agreed to do so. She stated that there was a time crunch involved, in that the property owners have to get the manufactured home off the site of the people that they purchased the home from by the end of this month.

            Mr. Sandy Minkoff, County Attorney, informed the Board that staff is working to revise the Ordinance, to allow mobile homes in all of the zoning districts, as required by the Florida Statutes. He stated that Ms. Leslie Campione, Attorney, representing the family that Commr. Hanson alluded to, is going to have her client’s property rezoned, because the County is going to put some aesthetic requirements in a lot of the zoning districts and she does not want her client to have to meet those requirements. He noted that said requirements will not be in the A (Agriculture) zoning district.

            A brief discussion occurred, at which time it was suggested that the County Attorney’s Office be directed to develop an agreement between the County and the family alluded to, to have their property, located in the Wekiva Basin, down zoned, as requested, so that they can place their manufactured home on the property.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board directed the County Attorney’s Office to develop said agreement.

            REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

            TRAVEL TO WASHINGTON, D.C.

            Commr. Cadwell informed the Board that he would not be present at the Board Meeting scheduled for March 4, 2003, due to the fact that he will be in Washington, D.C., working on behalf of the County.

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:00 noon.

 

 

 

                                                                                    ________________________________

                                                                                    WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

 

________________________________

JAMES C. WATKINS, CLERK