A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 29, 2004

            The Lake County Board of County Commissioners met in a regular session on Tuesday, June 29, 2004, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, on the second floor of the Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Catherine C. Hanson; Welton G. Cadwell; and Robert A. Pool. . 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 Toni M. Riggs, Deputy Clerk.

            INVOCATION AND PLEDGE

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

            AGENDA UPDATE

            Mr. Bill Neron, County Manager, requested that Tab 8 regarding Orange Tree Phase IV be pulled from the agenda, to be rescheduled for a future meeting date. He also asked that the Board delay Tab 15 regarding the Leesburg Joint Planning Agreement (JPA), due to some confusion with the maps, with this item being rescheduled to the July 27, 2004 Board meeting. Mr. Neron also noted that there is an Addendum item requesting retroactive acceptance of Land and Water Conservation Fund Program grant, in the amount of $200,000 for Phase II of Lake Idamere Park. He pointed out that the improvements include a Boundless Playground.

            Mr. Sandy Minkoff, County Attorney, requested that, under his business, he would like to add a request for a closed session on July 6, 2004, which will take a vote.

            ANNOUNCEMENTS

            Commr. Stivender announced that last week the Florida Association of Counties (FAC) elected Commr. Cadwell as President Elect of the FAC, and Mr. Sandy Minkoff was elected President of the Florida Association of County Attorneys (FACA), and she extended her congratulations.

            Commr. Hanson announced that she became certified at the FAC meeting, and the Board members extended their congratulations.

            Commr. Stivender announced that Mr. Fred Schneider of Public Works was elected to serve on the Board of the Florida Association of County Engineers and Road Superintendents (FACERS), and she extended her congratulations.

 

            Mr. Bill Neron, County Manager, announced that he was appointed to the Board of Directors of the Florida City and County Management Association, and the Board members extended their congratulations.

            COUNTY MANAGER’S CONSENT AGENDA

            Mr. Sandy Minkoff, County Attorney, pointed out that staff has provided the Board with a revised Ordinance, for Tab 1, regarding the Planning and Zoning Commission, and they would like to advertise the revised Ordinance.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 11, pulling Tab 8 regarding Orange Tree Phase IV, and including the Addendum item, as follows:

            Ordinances/Permission to Advertise/Local Planning Agency/Zoning Board

            Request from Growth Management for approval to advertise an Ordinance relating to a Land Development Regulations Amendment to Section 14.00.05 to eliminate the remaining references to the Planning and Zoning Commission and replace them with the Lake County Local Planning Agency and the Lake County Zoning Board. 

 

            Notice of Grant Award/FDOT

 

            Request from Program Analysis and Contract Management for approval of the Notice of Grant Award with the Florida Department of Transportation (FDOT) for the 5311 Transportation Grant.

 

            Joint Participation Agreement/Florida Commission for Transportation Disadvantaged

            Rural Capital Equipment Support Grant/Resolution

 

            Request from Program Analysis and Contract Management for approval of the Joint Participation Agreement between Lake County Board of County Commissioners and the Florida Commission for the Transportation Disadvantaged for the Rural Capital Equipment Support Grant and Supporting Resolution 2004-95.

 

            Tentative Work Plan Budget/Arthropod Control/Fiscal Year 2004-2005

 

            Request from Public Works for approval and signature on the Tentative Work Plan Budget for Arthropod Control for Fiscal Year 2004-2005.

 

            Letter of Credit for Performance/Sorrento Hills

 

            Request from Public Works for approval and authorization to release a Letter of Credit for Performance posted for Sorrento Hills, Phase 1 & 2, in the amount of $2,823,689.27.

 

            Escrow/Maintenance/Chelsea Park II

 

            Request from Public Works for approval and authorization to release an Escrow amount of $5,723.00 posted for maintenance of Chelsea Park II. Chelsea Park consists of 33 lots – Commission District 1.

 

            Letter of Credit for Maintenance/Oakmont at Silver Lake

 

            Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $11,000.00 for Oakmont at Silver Lake. Oakmont at Silver Lake consists of 34 lots – Commission District 1.

 


            Final Plat/Grand Island Oaks Phase 1/Maintenance Bond/Developer’s Agreement

            Resolution

 

            Request from Public Works for approval and authorization to accept the final plat for Grand Island Oaks Phase 1 and all areas dedicated to the public as shown on the Grand Island Oaks Phase 1; accept a Maintenance Bond in the amount of $32,188.00; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Showcase Homes, Inc.; and execute a Resolution 2004-97 accepting Grand Island Oaks Circle (County Road Number 6346A) into the County Road Maintenance system, all relating to the Grand Island Oaks Phase 1 subdivision. Grand Island Oaks Phase 1 consists of 54 lots – Commission District 5. (Rescheduled from June 15, 2004 BCC Meeting)

 

            Contract/Metropolitan Life Insurance Company/RFP

 

            Request from Purchasing for approval and signature to award the contract for Basic and Voluntary Term Life Insurance and Accidental Death & Dismemberment Insurance to Metropolitan Life Insurance Company in accordance with RFP Number 04-085.

 

            Contract/CompBenefits

 

            Request from Purchasing for approval and signature renewal of the contract for the Group Dental Insurance for one additional 12 month period at the same rates including an enhanced benefit for the DHMO component to CompBenefits.

 

            ADDENDUM NO. 1

 

            LAND AND WATER CONSERVATION FUND PROGRAM GRANT

            PHASE II OF LAKE IDAMERE PARK/BOUNDLESS PLAYGROUNDS

 

            Request from County Manager to approve request for retroactive acceptance of Land and Water Conservation Fund Program grant in the amount of $200,000 for Phase II of Lake Idamere Park. (Improvements will include a Boundless Playground.)

 

            PUBLIC HEARINGS - ROAD VACATIONS

            PETITION NO. 1027 - CECIL J. CLARK, TRUSEE

            LEESBURG AREA - COMMISSION DISTRICT 1

 

            Mr. Jim Stivender, Director of Public Works, presented Petition Number 1027 by Cecil J. Clark, Trustee, Representative Steven J. Richey, P.A. to vacate right of way in the Plat of Silver Lake Estates, located in Section 16, Township 19 South, Range 25 East, in the Leesburg area – Commission District 1, and stated that this is to clear title. Staff is recommending approval to vacate.

            Commr. Stivender opened the public hearing and called for public comment. It was noted that Mr. Steven J. Richey, the representative was present. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Petition Number 1027 by Cecil J. Clark, Trustee, Representative Steven J. Richey, P.A. to vacate right of way in the Plat of Silver Lake Estates, located in Section 16, Township 19 South, Range 25 East, in the Leesburg area – Commission District 1, and Resolution 2004-98.


            PETITION NO. 1031 - SILVERWOOD LAND DEVELOPMENT, LLC

            LEESBURG AREA - COMMISSION DISTRICT 1

 

            Mr. Jim Stivender, Director of Public Works, presented Petition Number 1031 by Silverwood Land Development, LLC to vacate roads, in conjunction with a re-plat of a portion of the Plat of Silver Lake Estates, located in Section 11, Township 19 South, Range 25 East, in the Leesburg area – Commission District 1, and stated that this is a part of the re-plat of Silver Lake Estates. Staff is recommending approval to vacate.

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

            On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Petition Number 1031 by Silverwood Land Development, LLC to vacate roads, in conjunction with a re-plat of a portion of the Plat of Silver Lake Estates, located in Section 11, Township 19 South, Range 25 East, in the Leesburg area – Commission District 1, and Resolution 2004-99.

            PUBLIC HEARINGS - REZONINGS

            REZONING CASE PH##34-04-5 - RICHARD & GEORGIA PALMER

            RMRP TO A - TRACKING #37-04-Z

 

            Mr. Jeff Richardson, Planning Manager, Planning and Development Services, presented Rezoning Case PH#34-04-5, Richard and Georgia Palmer, Tracking #37-04-Z, a request to rezone from RMRP (Mobile Home Rental Park District) to A (Agriculture), for a single-family residence and horse farm. The property is located in the Astor area southeast of the intersection of State Road 40 and County Road 445A and west of Astor Transfer Station Road, as shown on the map in the backup. As noted in the Findings, the request is consistent with the Land Development Regulations (LDRs) and Comprehensive Plan, and staff is recommending approval of the request.

            Commr. Cadwell stated, for the record, that the applicants came to him when they were trying to decide what they could with their property, and he put them in touch with the Planning Department.

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

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#35-04-5, Richard and Georgia Palmer, Tracking #37-04-Z, a request to rezone from RMRP (Mobile Home Rental Park District) to A (Agriculture), for a single-family residence and horse farm, and Ordinance 2004-42.

            REZONING CASE PH#35-04-2 - LARRY A. GRIMES - A TO R-1

            TRACKING #40-04-Z

 

            Mr. Jeff Richardson, Planning Manager, Planning and Development Services, presented Rezoning Case PH#35-04-2, Larry A. Grimes, Tracking #40-04-Z, a request to rezone from A (Agriculture) to R-1 (Rural Residential), for the creation of a six lot subdivision. The property is located in the Clermont area west of County Road 455 and immediately south of the Arrowhead PUD, and it is approximately 9.28 acres in size. As noted in the Findings, the request is consistent with the Land Development Regulations (LDRs) and Comprehensive Plan, and staff is recommending approval of the request. The City of Clermont did send a letter, as shown in the backup, in support of the project.

            Commr. Stivender opened the public hearing and called for public comment. It was noted that Mr. Grimes, applicant, was present in the audience. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#35-04-2, Larry A. Grimes, Tracking #40-04-Z, a request to rezone from A (Agriculture) to R-1 (Rural Residential), for the creation of a six lot subdivision, and Ordinance 2004-43.

            Commr. Stivender noted that there were no comments on the school issue, and she questioned whether it was because this was a request for minimal residential.

            Mr. Richardson noted that, because the owner was proposing between six and eight residents on the property, no comments were reported through the process from the School Board.

            FOR THE RECORD/DISCLOSURES

            Commr. Stivender disclosed that she did speak to the applicant in Rezoning Case #39-04-4, Donna Marshall, May & Whitaker, et al, and in Rezoning Case PH#17-04-4, Glen and Sharon Treadwell.

            REZONING CASE PH#26-04-3 - DEBORAH BARNES - LESLIE CAMPIONE

            R-1 AND LM TO LM - TRACKING #25-04-LM

 

            Ms. Tiffany Kapner, Senior Planner, Planning and Development Services, presented Rezoning Case PH#26-04-3, Deborah Barnes, Owner; Leslie Campione, Attorney, Applicant; Tracking #25-04-LM, a request to rezone from R-1 (Rural Residential) and LM (Light Industrial District) to LM (Light Industrial District), to make the whole parcel consistent. The property is approximately 1.65 acres and is currently zoned LM and R-1, with the LM portion fronting Old Highway 441. The LM portion of the property is subject to those uses allowed in Ordinance 2003-111, which addresses the changes made for the allowable uses of LM zoned property along the Old Highway 441/Alfred Street corridor. In summary, it states that the existing LM zoned properties should follow the guidelines set forth in Comprehensive Policy 1-3A.1(4) and LDR Subsection 3.01.02(C)(17). In Comprehensive Plan Policy 1-3A.1(4), Neighborhood Convenience Centers, it allows those uses that are listed under C-1, Neighborhood Commercial, in LDR Subsection 3.01.03, Schedule of Permitted and Conditional Uses. The request is not in conflict with the Land Development Regulations (LDRs), or the Comprehensive Plan, as noted in the Findings in the backup, and staff is recommending approval of the request.

            Commr. Stivender pointed out that, in the staff report, it says joint planning and utility area, none, but the property is located in the Tavares Utility District, which she confirmed with the City staff yesterday. She stated that the City does not have any objection to the request but, at the time of development, they will probably need to address this issue, to hookup to sewer and water, once it is available in that area.

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

            Ms. Leslie Campione, Attorney representing the applicant, addressed the Board and stated that this is a very straight forward rezoning application, and they are basically trying to make the back of the property consistent with the front of the property. Because of the changes that the Board made to the Comprehensive Plan, with regard to the light industrial zoning along Old Highway 441, this will allow the property to be used for some retail commercial. Ms. Campione explained that the applicant has an art shop, and she would like to use the current building for an art supply shop, as well as a gallery. They do not see a purpose for having the residential on the south end of the property, so they wanted to make it all consistent.

            Commr. Stivender explained that the request is in the Tavares Utility District, and she talked to City staff yesterday, and they have no problem with the rezoning, but they wanted the applicant to understand that, if they were to expand, etc., there may be some requirement for them to hook up to utilities.

            Ms. Campione explained that the intent right now is for the applicant to use this herself and, then eventually, if she sells it, then someone else would have the entire site that they could use for another type of business. She also noted that there is no access to Lakeshore Drive.

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

            Commr. Stivender noted that the request is in her district, and she is in favor of it.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the Zoning Board and approved Rezoning Case PH#26-04-3, Deborah Barnes, Owner; Leslie Campione, Attorney, Applicant; Tracking #25-04-LM, a request to rezone from R-1 (Rural Residential) and LM (Light Industrial District) to LM (Light Industrial District), to make the whole parcel consistent, and Ordinance 2004-44.

            FOR THE RECORD/DISCLOSURES

            Commr. Hill disclosed that she did speak to Mr. Steven J. Richey, Attorney, on the following: Rezoning Case PH#39-04-4, Donna Marshall, Trustee, May & Whitaker Family Partnership, Ltd & John B. Whitaker, Trustee; Rezoning Case PH#17-04-4, Glen and Sharon Treadwell; and Rezoning Case PH#38-04-2, International Development, SOSA Related Investment.

            Commr. Pool disclosed the same, as noted by Commr. Hill.

            Commr. Hanson disclosed that she did speak to Mr. Treadwell a couple of times regarding Rezoning Case PH#17-04-4, Glen and Sharon Treadwell.

            Commr. Cadwell disclosed that he spoke to individuals on Rezoning Case PH#38-04-2, International Development, SOSA Related Investment, in regards to the road network.

            REZONING CASE PH#39-04-4 - DONNA MARSHALL, TRUSTEE, MAY &

            WHITAKER FAMILY PARTNERSHIP, LTD & JOHN B. WHITAKER, TRUSTEE

            APPLICANT - STEVEN J. RICHEY, P.A. - A TO R-3 - TRACKING #42-04-Z

 

            Ms. Tiffany Kapner, Senior Planner, Planning and Development Services, presented Rezoning Case PH#39-04-4, Donna Marshall, Trustee, May & Whitaker Family Partnership, Ltd & John B. Whitaker, Trustee; Steven J. Richey, P.A., Applicant; Tracking #42-04-Z, a request to rezone from A (Agriculture District) to R-3 (Medium Residential District). Ms. Kapner stated that she had just been informed that the applicant may want to postpone this request.

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and stated that he has spoken to the school representatives here today, to see if the $2,000 “gap” fee, which he had proposed to offer the School Board on this case, was acceptable. Staff has concerns because they do not know the School Board’s policy, after the School Board’s workshop yesterday, and staff suggested that he go to the School Board and get an acceptance of that offer before he presented the case to the Board. Mr. Richey requested that the Board continue this case for 60 days, so that they can go to the School Board, at their next regular meeting, and to get clarification of their policy, in terms of the $2,000 “gap” fee, and then they can deal with it here, when they come back in 60 days.

            Commr. Stivender opened the public hearing and called for public comment on the request for postponement. There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request to postpone Rezoning Case PH#39-04-4, Donna Marshall, Trustee, May & Whitaker Family Partnership, Ltd & John B. Whitaker, Trustee; Steven J. Richey, P.A., Applicant; Tracking #42-04-Z, a request to rezone from A (Agriculture District) to R-3 (Medium Residential District), for 60 days.

            REZONING CASE PH#17-04-4 - GLEN AND SHARON TREADWELL

            STEVEN J. RICHEY, P.A., APPLICANT - R-6 TO CP - TRACKING #27-04-CP

 

            Ms. Tiffany Kapner, Senior Planner, Planning and Development Services, presented Rezoning Case PH#17-04-4, Glen and Sharon Treadwell, Owners; Steven J. Richey, P.A., Applicant; Tracking #27-04-CP, a request to rezone from R-6 (Urban Residential District) to CP (Planned Commercial District with limited C-1 and C-2 uses). Ms. Kapner stated that the property is approximately .3 acres and is located within the Mt. Plymouth/Sorrento Urban Compact Node, not Wekiva. The uses requested are automotive repair or fabrication, consumer services and repair, professional office, retail (general), and wholesale and warehouse. While the proposed rezoning does not conflict with the Land Development Regulations (LDRs), it is not in compliance with the Comprehensive Plan, as seen in Policy 1-3A, Criteria to Direct Commercial Development. The parcel is situated between two Neighborhood Activity Centers, therefore, it does not meet commercial location criteria. There is not sufficient existing commercial development in the area between the two Neighborhood Activity Centers to classify the proposed rezoning as infill. She further noted that the proposed rezoning is not consistent and compatible with the surrounding land use and development patterns in the area and, even though the zoning map reflects that many of the parcels in the area are zoned commercial, the majority of them have not been developed. Staff recommends denial of the request, because the subject parcel does not meet commercial location criteria.

            Commr. Stivender questioned whether it was determined that there would be more retail commercial type operations for this area, when the study was done.

            Commr. Hanson stated that, in general, that is what was determined but not site specific.

            Commr. Cadwell stated that there are three areas in the County where location criteria comes up for discussion, this area, Dona Vista, and Astor, and every time something comes up in those areas, they are not going to get anything that meets this criteria.

            Commr. Hanson explained that there is a long stretch between Mount Plymouth and Sorrento, and it is commercial all the way along the road, whether it has been developed or not, and it is zoned commercial. It is an area that should be incorporated because of numbers and density. She explained that, if someone was in the city, there would be no problem, but this is a city-like/town-like zoning, so that is one of the reasons why she felt so strongly that they need to continue to develop the overlay for Mount Plymouth and Sorrento. She stated that Ms. Kapner is doing exactly what the book says to do, and this does not fit the criteria.

            Commr. Stivender opened the public hearing and called for public comment.

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and stated that the deed reads from the uplands line, so it does not have a definitive line for the legal, and it runs into the dry marsh. Mr. Richey stated that Mr. Greg Beliveau has done an evaluation of the site and, at the Zoning Board meeting, there was evidence showing that the red circles are not geographically defined, therefore, there is a certain amount of flex. (Map displaying red circles submitted and marked by the Deputy Clerk as Exhibit A-1 for the Applicant). Mr. Richey stated that this corridor has commercial to the north of it, some developed and some undeveloped, and to the south along the roadway. The Zoning Board questioned whether it would be better to have houses on this piece of property, or to limit it to the 4,000 square foot building, as being proposed, with limited uses. Mr. Richey explained that his client wants to repair and restore cars, but he wants to have an alternative use of it, in order to be able to plan for the future. There is CP zoning around the property with C-1 and C-2 uses. He noted that all repair and fabrication will be done inside the building, and they have a preliminary site plan that shows the parking and water retention. They will have to go through the Development Review Staff (DRS) and Technical Review Committee (TRC).

            Mr. Greg Beliveau, Land Planning Group (LPG), Mount Dora, addressed the Board and reviewed a map showing the surrounding zoning, in relation to the project site. (Zoning Map submitted and marked by the Deputy Clerk as Exhibit A-2). Mr. Beliveau explained that the site basically has a continuum either on the south side, or the north side, of commercial or community facility district type zoning, or residential professional, which only encompasses one site, so there is a trim line along the road system. He referred to the “red dot” map (Exhibit A-1) and pointed out the employment center designation, which runs along the entire north of the property, which links both “red dots”. So they have a land use category that requires commercial, industrial, employment generators along the frontage of this road, and then the property in question, which is adjacent to commercial on the south side. Mr. Beliveau stated that they feel it does comply with the location criteria, because there is a consistency and connectivity between both east and west, which are the two “red dots”. He noted that the commercial property located on the west end of the property in question was “The Orlando Sentinel” printing facility.

            Commr. Stivender called for further public comment. It was noted that the applicants were present in the audience. There being no further public comment, the public hearing portion of the meeting was closed.

            Commr. Hanson stated that the commercial location criteria really fits in the unincorporated areas, but this is an urban node that is city-like/town-like, and it just does not fit, and they need to get real serious about this, and Astor and Mount Plymouth and Sorrento need to have this issue addressed.

            On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#17-04-4, Glen and Sharon Treadwell, Owners; Steven J. Richey, P.A., Applicant; Tracking #27-04-CP, a request to rezone from R-6 (Urban Residential District) to CP (Planned Commercial District with limited C-1 and C-2 uses), as noted in the backup, and Ordinance 2004-45.

            Commr. Hanson stated that she understands that, after talking with staff, the study group is starting to reconvene and information should be forthcoming, and the Board needs to have the policies that will be appropriate for the urbanizing area, and they need to expedite this process.

            REZONING CASE PH#37-04-3 - ST. JOHNS RIVER WATER MANAGEMENT

            DISTRICT, OWNERS - GENE CAPUTO, APPLICANT - A TO CFD

            TRACKING #36-04-CFD

 

            Ms. Tiffany Kapner, Senior Planner, Planning and Development Services, presented Rezoning Case PH#37-04-3, St. Johns River Water Management District (SJRWMD), Owners; Gene Caputo, Applicant; Tracking #36-04-CFD, a request to rezone from A (Agriculture District) to CFD (Community Facility District). The property is approximately 64.10 acres and is located within rural, and the applicant wishes to have a field station. The property was previously used for a farm and farm processing facility, and the SJRWMD plans to utilize the existing buildings on site. They have completed a preliminary review of the project with the Development Review Staff (DRS). The proposed rezoning is consistent with the Land Development Regulations (LDRs), and the Comprehensive Plan, as noted in the backup. Staff is recommending approval of the request.

            Commr. Stivender stated that the applicant is also requesting a caretaker’s residence for some time in the future and, under the Ordinance, it is written that “additional project-related buildings may be constructed”. In the past, they have allowed mobile homes to be there for caretaker’s residences, and she wanted to know if this would allow for mobile homes.

            Staff clarified that the Ordinance will allow for mobile homes, if they meet the criteria in the code, in terms of the aesthetic requirements.

            Mr. Gene Caputo, Intergovernmental Coordinator for the SJRWMD, addressed the Board and stated that he wanted to make sure that a couple of issues were clear. In terms of the caretaker’s residence, Mr. Caputo explained that, when the request was presented to the Zoning Board, it was presented on the basis that they were requesting this rezoning for that purpose, but that was only a subsidiary reason. The main reason for the request is to move the Apopka field station to this site, and to eventually open that facility for public meetings and, in the future, there may be a caretaker, or a park host. They want to make sure that the Ordinance includes that it is not either a stick-built or mobile home, but that it could possibly be a motor home, or similar recreational vehicle and, even though this is not something they are proposing at this time, they want that door left open to them, if the need should arise in the future.

            Mr. Sandy Minkoff, County Attorney, stated that, if they were to add one of the land uses to say a park residence office, or one RV site, for a park host, it would address their future need.

            Commr. Hanson felt that this would be a perfect use for the buildings at this site.

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

            Commr. Stivender stated that the request is in her district, and she is in favor of it.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Rezoning Case PH#37-04-3, St. Johns River Water Management District, Owners; Gene Caputo, Applicant; Tracking #36-04-CFD, a request to rezone from A (Agriculture District) to CFD (Community Facility District), and Ordinance 2004-46, with the change, to add one of the land uses to say a park residence office, or one RV site, for a park host.

            REZONING CASE PH#38-04-2 - SOSA RELATED INVESTMENTS

            INTERNATIONAL DEVELOPMENT PARTNERS, LLC, OWNERS

            GREG A. BELIVEAU, AICP, LPG URBAN & REGIONAL PLANNERS, APPLICANT

            AMEND PUD - TRACKING #35-04-PUD/AMD

 

            Mr. Jeff Richardson, Planning Manager, Planning and Development Services, presented Rezoning Case PH#38-04-2, SOSA Related Investments/International Development Partners, LLC, Owner; Greg A. Beliveau, AICP, LPG Urban and Regional Planners, Applicant; Tracking #35-04-PUD/AMD, a request to amend PUD Ordinance #2003-9 to delete language “Access to the property shall not be through any existing platted residential community” and replace with “Access to the property shall be via Woodcrest Way through the existing Woodridge and Silver Creek developments”. Mr. Richardson explained that it was pointed out at the public hearing that there were easements that exist and connect back to Highway 27, however, there would need to be substantial alterations to the wetlands to make those even remotely feasible. Staff is recommending approval of the request.

            In response to Commr. Pool’s question concerning the width of the road, Mr. Richardson explained that all of the accesses that are developed in Silver Creek, Clear Creek, and Woodridge meet County code and have the minimum amount of right-of-way. He noted that the applicant will have some improvements to make onsite and possibly offsite depending on how those connections are actually made to the property, but those will be addressed at development review.

            In response to Commr. Cadwell’s question regarding the percentage of other PUDs that are timeshares, Mr. Richardson stated that Silver Creek is essentially operating as timeshares, and the majority of Clear Creek, and Woodridge has only a very small portion that is not single family ownership.

            Mr. Greg Beliveau, LPG, Mount Dora, referred to the aerial photograph showing the project boundary and explained that there are existing easements, as shown in yellow and orange, and those easements were granted in 1972 and provide access to that whole enclave area. The tracts are dedicated and are recorded as easements for access. (Aerial Map submitted and marked by the Deputy Clerk as Exhibit A-1 for the Applicant). The subdivisions to the east and to the south recognized that those easements existed but, in the plats, they reserved tracts between lots to allow those easements to continue through the subdivision, as recorded. They are asking that they be allowed to utilize their existing easements, to access the public roads that are dedicated to the County, and to construct those to the same County road standards, to provide access to a PUD that was approved by the Board, and that was approved for the PUD north of there in February, with the condition that they provide a traffic analysis to illustrate that they are not going to degrade or lower the quality of the roads to a different level of service and provide negative impacts. Mr. Beliveau stated that they have provided that analysis, and staff has reviewed it and recommended approval.

            Ms. Melissa Legg addressed the Board and stated that she is here to represent her father-in-law and sister-in-law. Ms. Legg had a letter from Mr. Zane Legg and Melinda Legg, which she stated had been faxed to Ms. Mary Williams, Public Hearing Coordinator, Zoning Department. At this time, she read the letter into the record. (Letter dated June 24, 2004 from Zane Legg and Melinda Legg was submitted and marked by the Deputy Clerk as Exhibit O-1 for the Opposition) The letter explained that Mr. Legg and his daughter were not notified of the meeting and stated the following:

“However, we are requesting that no further action be taken on this matter until we have had time to review, research and if necessary retain an attorney. We also request that my son and daughter-in-law, Daniel and Melissa Legg be able to represent us. We are not unreasonable people, we do not totally disagree with the request concerning wet lands. We can work with Mr. Beliveau and the Commission, but we do not want to be blocked out, cutoff or land locked. We want clear and defined access to and out of our property as do SOSA, Global Associates (Charles Hwang), Elaswad, et al.”

 

            Ms. Legg pointed out the location of their property, which is five acres, on Exhibit A-1 and explained that they would travel on Watson Woods Road to get to their property, but now someone has obstructed their path of travel.

            Mr. Beliveau explained options, as shown on Exhibit A-1, where they will be improving a road system and stated that they are not asking for any easements to be vacated. They are recognizing that the site plan they prepared still retains those easements. Mr. Beliveau stated that he had to have a 50 foot setback off of those easements to maintain a setback similar to a road system. He stated that the easements will still provide access to Ms. Legg’s property, and her family’s property, and they are not in any way blocking access.

            Ms. Legg stated that she received a call from Mr. Charles Hwang, and he was not notified of this hearing, but his easement is shown on Exhibit A-1.

            Commr. Pool stated that he was not sure how the Board may structure the motion, but he does not want anyone to be cut off and he wants to make sure that whatever they approve today will not deny them access to that existing easement.

            Ms. Beatrice Watson stated that she is here representing herself, her father, and other relatives who own over 30 acres on Lake John Hancock, which they have owned since 1928. Ms. Watson stated that she lives on Watson Woods Road, and she was not notified of this meeting, but she was told about it by Ms. Melissa Legg. Her father, who is 91 years old, also lives on that property. She explained that they have not been able to use their path of entrance to their property since the development of some of the subdivisions in this area. They do not want to be blocked from their property in the future, because right now they are having to go through private property in an area called Thousand Trails RV Park. She does not receive notification of these hearings, because she is not within the 300 feet. She has provided the necessary information to be notified of hearings in this particular area, and she has spoken to the developer of Silver Creek who assured her that she would be able to use that road. Ms. Watson pointed out the location of her property on Exhibit A-1 (Beatrice Watson-Orrs), and noted that Watson Woods Road does not appear on the map, but it is between Glenbrook Boulevard and Rising Star Drive. She pointed out that, even though her property is not near the proposed site, she is concerned about the whole issue of blocking access to properties.

            Commr. Pool explained that there is no way that the Board is going to block off Ms. Watson’s access to her property, and the property in question does not touch her property and, if anything, this may give her more opportunities but, at this point, she would never ingress or egress her property from the property in question.

            Ms. Watson explained that she and her family do not have any close neighbors, and Watson Woods Road used to be the road designated for 911 emergency travel, until they put a retention pond there. She explained difficulties in the past when they needed emergency assistance in this area.

            Commr. Hanson stated that it appears that Ms. Watson needs to pursue the prescriptive right-of-way, or easement, for legal access.

            Mr. Beliveau stated that he provided Ms. Leggs with a copy of Exhibit A-1 that shows the easements that were dedicated in the area, and the recorded easements that are in the public records, which illustrates her access from her property through this site, which they are not blocking in any way and, as pointed out, the property in question is not near Ms. Watson’s property.

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

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#38-04-2, SOSA Related Investments/International Development Partners, LLC, Owner; Greg A. Beliveau, AICP, LPG Urban and Regional Planners, Applicant; Tracking #35-04-PUD/AMD, a request to amend PUD Ordinance #2003-9 to delete language “Access to the property shall not be through any existing platted residential community” and replace with “Access to the proeprty shall be via Woodcrest Way through the existing Woodridge and Silver Creek developments”, and Ordinance 2004-47.


            REZONING CASE PH#36-04-3 - VICTOR AND MARIE MCGREGOR,

            OWNERS - R-1-6 TO RP - TRACKING #39-04-RP

 

            Mr. Jeff Richardson, Planning Manager, Planning and Development Services, presented Rezoning Case PH336-04-3, Victor and Marie McGregor, Owners/Applicants, Tracking #39-04-RP, a request to rezone from R-1-6 (Urban Residential) to RP (Residential Professional), to allow the practice of therapeutic massage on the premises. The property is located south of County Road 19-A (Dora Avenue) and Kurt Street, abutting Lake Saunders, and it is located in the urban land use. Staff finds the request to be consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and is recommending approval of the request. He noted that there were no comments from the City of Eustis, and there were no recorded objections to the request.

            Commr. Hanson disclosed that, before this became a case, she did talk to the McGregors.

            Commr. Stivender opened the public hearing and called for public comment.

            Mr. Victor McGregor, applicant, addressed the Board and stated that he is also representing his wife. He explained that many years ago he approached the Board to have his property zoned R-1-6 at a time when it allowed them to put a duplex on the property for a mother-in-law unit. Over the years, this is being replaced by an urban situation where the property is now located in R-6, which does not allow for that kind of facility. They would like to restore the zoning, because his mother and father-in-law are now in their 80s, so that he and his wife can look after them. He stated that his wife is a licensed massage therapist, and she needs a facility in which to do her work, and this will essentially be a clinic in the home where she will deal with one client at a time. There will never be parking problems for the neighbors, or any disruption of the neighborhood. They have lived on the property since 1976.

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

            Commr. Stivender noted that the request is in her district, and she was not opposed to it.

            Commr. Hanson stated that the zoning is much more appropriate than the R-6 zoning and less of an impact on Lake Saunders.

            On a motion by Commr. Hanson, seconded by commr. Hill and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved PH#36-04-3, Victor and Marie McGregor, Owners/Applicants, Tracking #39-04-RP, a request to rezone from R-1-6 (Urban Residential) to RP (Residential Professional), to allow the practice of therapeutic massage on the premises, and to have the option of converting the existing residence into a duplex, and Ordinance 2004-48.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            RESOLUTION/TOWN OF LADY LAKE/CDBG

            Ms. Liz Eginton, Community Development Block Grant (CDBG) Director, was present to answer questions of the Board regarding the addition of the Town of Lady Lake to the Urban County Partnership.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from Community Services for approval and signature on Resolution 2004-96 and Cooperation with the Town of Lady Lake adding the Town to the Urban County Partnership concerning Community Development Block Grant (CDBG).

            REAPPOINTMENTS/WOMEN’S HALL OF FAME SELECTION COMMITTEE

 

            On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the reappointment of the following individuals to the Women's Hall of Fame Selection Committee, as follows:

District 1 - Vera Martin

District 2 - Ann Dupee

District 3 - Gwen Manning

District 4 - Carman Cullen

District 5 - Bob McKee

 

            REAPPOINTMENTS/LAKE-SUMTER MEDICAL SOCIETY

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the reappointment of Dr. Herman Flink as Lake-Sumter Medical Society's representative on the Comprehensive Health Care Committee and reappointment of Cynthia Nash as its alternate representative. 

            REPORTS - COUNTY ATTORNEY

            CLOSED SESSION

            Mr. Sandy Minkoff requested a closed session to be scheduled on July 6, 2004 at 10 a.m., to discuss litigation cases, in which the County is a party.

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the request for a closed session.

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for a closed session to be scheduled on July 6, 2004 at 10 a.m., to discuss litigation cases, in which the County is a party.

 


            REPORTS - COMMISSIONER HILL - DISTRICT #1

            LAND AND WATER CONSERVATION FUND PROGRAM GRANT

            PHASE II OF LAKE IDAMERE PARK/BOUNDLESS PLAYGROUNDS

            (CONTINUED)

 

            In regards to Addendum No. 1, the acceptance of the Land and Water Conservation Fund Program Grant in the amount of $200,000 for Phase II of Lake Idamere Park, which includes a Boundless Playground, Commr. Hill extended her appreciation to Commr. Stivender and the Childrens Foundation for their leadership, and to Mr. Bob Stevens, Director, Parks and Recreation, Ms. Emily Lee, Children’s Services Director, and Mr. Kristian Swenson, Road Operations Director, for all of their input.

            REPORTS - COMMISSIONER HANSON - DISTRICT #4

            RESOLUTION/BUSINESS AND PROFESSIONAL WOMEN’S CLUB

            On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 2004-94 congratulating the members of the Business and Professional Women's Club on the June 29, 2004 Chartering Ceremony of its newest local organization, BPW/South Lake.

            Commr. Hanson noted that she will be presenting the Resolution at the Chartering Ceremony tonight in Clermont.

            ADDITIONAL HOMESTEAD EXEMPTION

            Commr. Hanson inquired about the status on the extra homestead exemption, and Mr. Sandy Minkoff, County Attorney, reported that oral argument is this morning at the Supreme Court, and the County should get an opinion from them within a few weeks.

            ORANGE COUNTY/STATE OF THE COUNTY ADDRESS

            Commr. Hanson informed the Board that she attended Orange County Chairman Richard Crotty’s State of the County address last week, and she was very impressed with his written message. The Board members got a copy of the flyer that was distributed there, which she felt was very well done. She has talked to the County Manager about it, and she feels that something like this would be appropriate for Lake County, and that they could at least look at the feasability of doing something like this to get the message out to the public on different issues and accomplishments of the County. She also thought it would be interesting to look at the possibility of an insertion in one of the newspapers.

            Mr. Bill Neron, County Manager, noted that staff is researching this issue and will be bringing a report back to the Board.

 


            FLORIDA ASSOCIATION OF COUNTIES/ISSUES OF DISCUSSION

            MENTALLY ILL/IMPACT ON JAILS/PROBATIONARY SERVICES

 

            Commr. Hanson addressed a couple of issues that were at the forefront of discussion at the Florida Association of Counties’ (FAC) Convention. The first was the mentally ill and the impact financially on the County resources, as the mentally ill are placed in jail, given medication, and released out on the streets again where the cycle continues, with them being arrested again. She stated that they discussed several alternatives, and they talked about them with the County Manager. She stated that they can look at the actual expense of an alternative program, the impact on the hospitals, and how the program would be funded. She further stated that this is an issue that is getting statewide and nationwide attention, as they have phased out the hospitals for the mentally ill, and the County winds up warehousing them in the County jails. It would be another unfunded mandate for local governments, but they really need to look at it, because it would probably reduce the percentage of arrests, and also the impact on their jail space.

            Commr. Hanson stated that another issue that was at the forefront of discussion at the Florida Association of Counties’ (FAC) Convention was the probationary services, and some of the counties are actually outsourcing probationary services and, even though she is not recommending that they do this, they have been able through some alternative practices to increase the collection of fines and fees that have been assessed by the courts. The average collection for most counties is 40% of these revenues; the outsourcing company has been able to increase those collections to 80%, which is a significant difference. She has talked to Mr. Fletcher Smith, Director of Community Services, about this issue. The jails have been very helpful with these issues, and also with the mentally ill. She stated that Mr. Gary Borders, Major, Correctional Facility, is very knowledgeable on both issues, and it has been relayed to her that they have increased their use of electronic surveillance.

            Commr. Hanson stated that these were two timely issues that were addressed at the conference. She felt the conference was good overall and that the issues were timely.

            REPORTS - COMMISSIONER CADWELL - DISTRICT #4

            FLORIDA ASSOCIATION OF COUNTIES/JUVENILE JUSTICE COST SHIFT

            Commr. Cadwell stated that two week ago the Board discussed the Department of Juvenile Justice (DJJ) cost shift from the State, and there was a unanimous vote, by the counties that were represented at the Florida Association of Counties (FAC) meeting, to sue the State over the cost shift as being unfunded mandate and not done procedurally as set forth by the Constitution. His recommendation today is twofold, one, that the County adjoin in the suit as Lake County, as most of the counties have done over the last couple of weeks and, two, they approve a voluntary assessment with the FAC in regards to the cost of the DJJ court fight. He stated that Lake County’s assessment would be $1,692 and is strictly voluntary, but they have participated in the past and that will pay for the extra legal services.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to place the voluntary assessment to the Florida Association of Counties (FAC) on the agenda.

            Mr. Sandy Minkoff, County Attorney, explained that they are looking at this issue statewide and most of the counties are agreeing to join in the suit as a named plaintiff in addition to FAC. It changes the standing so that FAC it not out there as an association. A few of the counties are electing to pay the assessment and not join in the suit, but the majority are joining in as named plaintiffs and paying the assessment.

            On a motion by Commr. Cadwell, seconded by Comr. Pool and carried unanimously by a 5-0 vote, the Board approved for Lake County to join on as a named plaintiff in the suit that the Florida Association of Counties (FAC) is going to file against the State in regard to the Department of Juvenile Justice (DJJ) Cost Shift, and to pay the voluntary assessment in the amount of $1,682 to the FAC for legal services.

            Commr. Cadwell stated that he would like Commr. Stivender, as Chairman, to write a letter to the League of Cities, and to the cities, asking for a resolution of support of their previous action regarding the DJJ Cost Shift, because it is an unfunded mandate that could affect them next.

            Mr. Sandy Minkoff, County Attorney, was directed to draft the letter.

            ADDITIONAL HOMESTEAD EXEMPTION

            In regards to the additional homestead exemption, Commr. Cadwell stated that he will bring information to the Board next week about the same type of effort in regards to this issue where the Florida Association of Counties (FAC) is wanting to join with the Florida Chamber, and some of the business community, that has put together some groups to educate folks on what that would actually cost them.

            REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT #3

            FOURTH OF JULY FESTIVITIES

            Commr. Stivender noted that there are a lot of festivities taking place this weekend for the Fourth of July, and she encouraged the Commissioners to go out and support their local community, and to remember the people who are fighting for our freedom, and their families that are here.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:18 a.m.

 

 

 

 

                                                                                    _________________________________

                                                                                    DEBBIE STIVENDER, CHAIRMAN

 

 

ATTEST:

 

 

 

 

________________________________

JAMES C. WATKINS, CLERK