A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 25, 2005

The Lake County Board of County Commissioners met in regular session on Tuesday, January 25, 2005, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Jennifer Hill, Chairman; Catherine C. Hanson, Vice Chairman; Welton G. Cadwell; Debbie Stivender; 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 Commissioners’ Office; and Toni M. Riggs, Deputy Clerk.

INVOCATION AND PLEDGE OF ALLEGIANCE

Ms. Carolyn Richardson, Director, Support Services, Tax Collector’s Office, gave the Invocation and led the Pledge of Allegiance.

Commr. Hill noted that Ms. Richardson is a dynamic community leader, and the March of Dimes Volunteer of the Year, and she appreciated her coming today.

INTRODUCTIONS

Commr. Hill recognized Mr. Jon VanderLey, former mayor of Oakland, who was present in the audience.

AGENDA UPDATE

Mr. Bill Neron, County Manager, stated that the Board members have been presented with Addendum No. 1, which as one consent item, and two discussion items.   Also last week, the Board talked about canceling the February 15, 2005 Board meeting, because of the workshop scheduled for Monday, but no vote was taken by the Board.  He would like to add that item to the agenda.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Hill stated that she would like to pull the request from Procurement Services, for a brief discussion of Item I. A. 1. Addendum No. 1, which addresses the contract for the Transportation Disadvantaged Program.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 3, as follows:

Utility Agreement/Lake Utility Services, Inc.

Request from Growth Management for approval of Utility Agreement with Lake Utility Services, Inc. (Prerequisite to LUSI constructing a water treatment plant on County Road 561), per Lake County Ordinance 2004-9.

 

Special Master Case/Lake Susan Lodge

 

Request from Growth Management for approval and acceptance of the Special Master Recommendation in Special Master Case SM-11-01 for Lake Susan Lodge.

 


Resolution/Local Agency Program Agreement/ FDOT

 

            Request from Public Works for approval and signatures on the Resolution 2005-12 and the Local Agency Program (LAP) Agreement the Florida Department of Transportation (FDOT) for CR 48 Paved Shoulders from SR 19 to US 27, FPN 415472-1-A8-01.

 

            ADDENDUM NO. 1

            COUNTY MANAGER’S CONSENT AGENDA –

 

            BOARD MEETINGS/MV TRANSPORTATION, INC.

            TRANSPORTATION DISADVANTAGED PROGRAM

 

            Commr. Hill addressed the request from Procurement Services and stated that she wanted to make sure that Commr. Stivender, who chairs the Transportation Disadvantaged Coordinating Board, and who was involved with the process through Procurement Services, was comfortable moving this forward.

            Commr. Stivender explained that the applicants went through the appropriate committees, and they are comfortable with this going forward for negotiations.  She noted that the County Attorney was included in the process.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Addendum No. 1, I. A. 1., the request from Procurement Services for approval of MV Transportation, Inc. as the top respondent for the Transportation Operator for the Lake County Transportation Disadvantaged Program and authorized staff to negotiate the contract, for final approval by the Board at a subsequent date as discussed and including the cancellation of the February 15, 2005 Board Meeting.

            PUBLIC HEARINGS –

            ROAD VACATION PETITION NUMBER 1041 – HARBOR HILLS DEVELOPMENT

            LADY LAKE AREA – COMMISSION DISTRICT 5

 

            Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Petition Number 1041, Harbor Hills Development LP, represented by Steven J. Richey, P.A., to vacate a utility and drainage easement, in the Plat of Harbor Hills, Unit 1, Lady Lake area, Commission District 5.  Mr. Stivender stated that staff checked these easements, and there are no utilities on them and no need for them in the future, and staff is recommending approval to vacate.

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

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Vacation Petition Number 1041 by Harbor Hills Development LP, Representative Steven J. Richey, to vacate a utility and drainage easement, in the Plat of Harbor Hills, Unit 1, located in Section 13, Township 18, Range 24, in the Lady Lake area – Commission District 5, and the execution of Resolution 2005-13.


            REZONING

            REZONING PETITION PH#2-05-4 – JACK FILLMAN – A TO R-1

            TRACKING #13-05-Z

 

            Ms. Jennifer Debois, Planner, Planning and Development Services, presented Rezoning Petition PH#2-05-4, Jack Fillman, a request to rezone from A (Agriculture) to R-1 (Rural Residential), to divide 4.09 acres into three lots for himself and his two daughters.  The property is located in the Eustis area southeast of the intersection of CR 452 and Apiary Road.  The Lake County Comprehensive Plan and Land Development Regulations (LDRs) prohibit family lot splits in the urban expansion land use category; therefore, the lots may only be created through the minor lot split or subdivision process.  However, both processes require that each new parcel conform to the minimum lot dimensions of the land use category and zoning district in which the parent tract is located.  The applicant wishes to create lots with a minimum size of one acre, which is consistent with the urban expansion land use category, for one dwelling unit per acre.  The maximum density of the agriculture zoning district is one dwelling unit per five acres, therefore, requires rezoning to R-1, which allows a maximum density of one dwelling unit per acre.  She referred to Section 14.11.01(D)(1) of the LDRs, which addresses minor lot splits and noted that a variance may be granted by the  Board of Adjustment, however, the three lots may be created without a variance through the subdivision process established in Section 14.07.00 of the LDRs.   Staff finds that that applicant’s request is consistent with the policies of the LDRs, and the Comprehensive Plan, and staff is recommending approval of the request.

            Commr. Hill 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. 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 Petition No. PH#2-05-4, Jack Fillman, , a request from A (Agriculture) to R-1 (Rural Residential), Tracking #13-05-Z, and Ordinance 2005-4.

            Mr. Sandy Minkoff, County Attorney, noted that some of the ordinances in the Board’s books may still have the “gap” language (that relates to impact fees) in them, but staff will clean those up before they present them for signature.

            DISCLOSURES

            Commr. Hill stated that, before the Board proceeds with the rezoning agenda, she would like to disclose that she has spoken to Mr. Steve Richey, P.A., on Tabs 2, 4, 5, 9 and 11.  Commr. Stivender and Commr. Pool disclosed that they had also talked to Mr. Richey on the same zoning cases, as noted.

            REZONING PETITION PH#11-05-1 – GLADYS S. BIGGERS, TRUST – STEVEN J.

            RICHEY, P.A. – R-1 TO R-3 – TRACKING #4-05-Z

 

            Ms. Jennifer Debois, Planner, Planning and Development Services, presented Rezoning Petition PH#11-05-1, Gladys S. Biggers, Trust, represented by Steven J. Richey, P.A., a request to rezone 67 acres of vacant land from R-1 (Rural Residential) to R-3 (Medium Residential), for the creation of a single-family residential subdivision.  Ms. Debois noted that potable water and sewer service will be provided by the City of Leesburg.  She reviewed the staff summary in the backup, which noted that the wetlands comprise approximately 33.3 acres of the parcel and that 34.1 acres lie within the 100-year floodplain, therefore, the applicant shall be required to comply with all wetland and floodplain protection policies set forth in the Land Development Regulations (LDRS) and Comprehensive Plan.  Staff is recommending approval of the request.

            Ms. Debois stated that yesterday afternoon she received a letter of opposition from Gary and Rhonda Fitzwater who live in the area.  The property is located near the intersection of Sleepy Hollow Road and Sunnyside Drive, and their concerns address access management.  The letter was provided to the Clerk, and it was noted that the Commissioners already had the letter in their backup.

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

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and stated that the request is for R-3 zoning, which is consistent with the study that was done by the Sunnyside Association, and the City of Leesburg Task Force.  He explained that the property to the north is zoned R-4, which is being developed at a higher density.  The subject property will be joined with the R-4 property, and an access would be through that existing subdivision that is being developed.  Mr. Richey explained that there is access to Sunnyside Drive and, in discussing this issue with Mr. Jim Stivender, Director Public Works, before the meeting today, staff would prefer that they have access to Sleepy Hollow Road, which they would be able to accommodate through the platting process of the R-4.  Mr. Richey noted that they will address the access management through the preliminary platting process.  He explained that about half of the acreage is wetlands, and the uplands will be developed in conjunction with the R-4, with a couple of units to the acre, with central water and sewer.  The wetlands will be transferred as one dwelling unit per five acres.  He pointed out that there are multi-family apartments located nearby, as well as the Leesburg ball fields.

            Commr. Cadwell pointed out that staff had made comments in regards to the LDRs, and the floodplain and wetlands, and he wanted to know if the applicant had plans to apply for a variance to those regulations, and Mr. Richey was very explicit when he said they would not be applying for any variance.  Commr. Cadwell pointed out that, with straight zoning, the Board cannot treat it like a Planned Unit Development (PUD) but, even from a marketing standpoint, he would think that Mr. Richey would do everything to keep from coming out on Sunnyside Drive and understand that the Board wants him to completely avoid landlocking any property owner.

            Mr. Richey explained that the applicant is requesting rezoning because the property to the north is being developed now, and he has represented to the Board that there might be an emergency access out to Sunnyside Drive, as a backup only, but the access is going to go through the original property to the north.  They have five acres, almost 800 feet of frontage on Sunnyside Drive, to accommodate a road out in an emergency situation, but that is not their anticipation.

            Commr. Cadwell stated that Commr. Hill was involved in the study, as noted, and he wanted to know if she was comfortable that this falls in line with the spirit of that study, even though it has not been adopted by anybody.

            Commr. Hill stated that the group accepted the study, but she did not know if they adopted it, but she thinks that the community was very active in that discussion.  Their one concern was Sleepy Hollow Road, which will be brought up to standard because of the ball fields.  She would prefer that they not access out of this subdivision, but she is sure that they will consider that during the preliminary plat approval, and it does follow the recommendations of the Sunnyside Task Force.

            Commr. Cadwell stressed to Mr. Richey that the Board does not condition rezoning, but he wants to make sure that he hears what the Board is saying today, that they really do not want him coming through there (Sunnyside Drive).

            Mr. Richey stated that, as he has represented to the Board, the intention was always to have this piece property hook to the property to the north.  The reason the five acres goes out to the road is if, in fact, that fell through, this piece of property would actually be landlocked and, legally, that is not something they want to see happen.

            Mr. Gary Fitzwater addressed the Board and stated that he owns the five acres in front of the property in question.  His main concern is the access, or lack of access.  Mr. Fitzwater explained that Public Works has requested a turn lane on Sunnyside Drive, if that is to be used as an access, and there is no right-of-way available there.  He is not against development, but he does not really relish the idea of a road right beside him, with this much traffic on it.  The access, as shown, is approximately 330 feet from a blind curve, and it is only the width of his five acres.  He believes this is the place for a tremendous amount of traffic to enter and exit onto Sunnyside Drive.  He understands that they are trying to gain access through the northern property, which would be fine, but he is afraid it will come back to the other access on Sunnyside Drive.

            COMMISSIONERS

            At 9:20 a.m., it was noted that Commr. Stivender left the meeting.

            REZONING PETITION PH#11-05-1 – GLADYS S. BIGGERS, TRUST – STEVEN J.

            RICHEY, P.A. – R-1 TO R-3 – TRACKING #4-05-Z (CONTINUED)

 

            Mr. Richey explained that, in regards to Mr. Fitzwater’s comment about the access being 330 feet, the access out of the property, based on the Honeycutt, is 320 feet and, if you look at their access out versus the access to the corner, that is another 600 feet, so they have almost 1,000 feet there, which is away from the intersection and, even under the worst scenario, if they had to put access through there, Mr. Stivender’s position is that having 1,000 feet from that intersection, for a little over 60 houses, would be more appropriate than having it come out through there, which would complicate that intersection even more, and that is why he suggested that they continue to use that access, if necessary. 

            COMMISSIONERS

            At 9:23 a.m., it was noted that Commr. Stivender had returned to the meeting.

            REZONING PETITION PH#11-05-1 – GLADYS S. BIGGERS, TRUST –

            STEVEN J. RICHEY, P.A. – R-1 TO R-3 – TRACKING #4-05-Z (CONTINUED)

           

            Mr. Richey stated that, as he had represented to the Board, the same person that is developing the property to the north is the one that has asked him to do this piece of property to the south and that is why he anticipates them being joined together.  Mr. Richey explained that, as soon as the property is rezoned, they will proceed to plat the property and hook it up to the property to the north.  Mr. Richey stated that they have enough property to provide for the infrastructure required for the 60+ lots that they will be developing based on the frontage that they own there.  So they could provide access that could meet the standards and provide right-of-way, because they have to provide right-of-way, if they access to Sunnyside Drive, and they would have to provide the necessary traffic lanes on their property but, with this understanding, he reiterated that this is not their intention.

            Commr. Stivender disclosed that Mrs. Biggers was a Stivender at one time, so she is going to abstain from voting.

            Mr. Fitzwater asked for clarification on the width of the property, and Mr. Richey explained that it was his understanding that the frontage they have is a five acre tract, which is 320 feet.  Mr. Fitzwater has 320 feet, which gives them the 600 feet from the intersection.  He noted that 320 feet on their property would accommodate their access needs, based on the Honeycutt and, if they cannot accommodate it, they will not be building it.

            Commr. Hanson questioned whether this case could be approved with a Developer’s Agreement, but Mr. Sandy Minkoff, County Attorney, explained that they really cannot condition straight zoning, but he thinks that staff is noting the comments being made by the Board and, hopefully, they will address them at preliminary plat approval, but Mr. Richey is not making a commitment to do it; he is indicating that this is his plan, but he is not going so far as to make a legal commitment to say that he will not use that.

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

            Commr. Cadwell made a motion, which was seconded by Commr. Hanson, for the Board to uphold the recommendation of the Zoning Board and approve Rezoning Petition PH#11-05-1, Gladys S. Biggers, Trust - Steven J. Richey, P.A., a request from R-1 (Rural Residential) to R-3 (Medium Residential), for the creation of a single-family residential subdivision, Tracking #4-05-Z, and Ordinance 2005-5.

            Under discussion, Commr. Cadwell stated that his motion was made with the clear understanding that Mr. Richey has heard the Board loud and clear.

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

            Commr. Stivender declared a conflict of interest and abstained from voting.


            REZONING PETITION PH#4-05-1 – DAVID & TERESA DEMOSS – R-6 TO R-1

            TRACKING #11-05-Z

 

            Ms. Shannon Suffron, Senior Planner, Planning and Development Services, presented Rezoning Petition PH#4-05-1, David and Teresa DeMoss, a request for rezoning from R-6 (Urban Residential District) to R-1 (Rural Residential District), to allow horses on a 2.76 acre parcel located in the Leesburg area between Radio Road on the west side and CR 473 on the east side.  There is currently a single-family residence and metal building on the property and the current zoning category of R-6 does not allow horses.  Staff found the request to be consistent with the requirements of the Land Development Regulations (LDRs) and Comprehensive Plan and is recommending approval.  She noted that the Zoning Board also recommended approval of the request.

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

            Commr. Hill stated that the request is in her district, and it seems to be a down zoning.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Petition PH#4-05-1, David and Teresa DeMoss, a request form R-6 (Urban Residential District) to R-1 (Rural Residential District), Tracking #11-05-Z, and Ordinance 2005-6, to allow horses.

            REZONING PETITION PH#10-05-2 – 27 PROPERTIES, INC. – AMENDMENT TO

            THE GREATER LAKES PUD ORD. #39-93 – TRACKING #5-05-PUD/AMD

 

            Ms. Shannon Suffron, Senior Planner, Planning and Development Services, presented Rezoning Petition PH#10-05-2, 27 Properties, Inc., represented by Steven J. Richey, P.A., a request for an amendment to the Greater Lakes PUD, Ordinance #39-93, Tracking #5-05-PUD/AMD, for a 504 acre parcel that is located in the Four Corners Area east of U.S. Highway 27.  The parcel is being served by Lake Utility Services, Inc. and will have central water and sewer.  Ms. Suffron explained that Ordinance #39-93 called for 709 permanent single-family residential and short-term rental units.  The gross density for Greater Lakes is 1.41 dwelling units per acres on approximately 504 acres.  The applicant would like to have the potential to add a public school site, accommodate a typical residential lot size of 62’x110’ (from 80’x110’), revise the side yard setback from 5’ to 5.5’ to accommodate the 11’ between buildings (for fire code), and confirm the residential rear lot setback to 20’ (including clarification that accessory structures may be placed within 5’ of rear property line).  Staff found the request to be consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and is recommending approval of the request.  The Zoning Board also recommended approval of the request.

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

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and stated that, in connection with the next case on the agenda (PH#9-05-2 – Lake County Properties, Inc.), they have given the Lake County School Board (School Board) an opportunity to pick up a free school site for an elementary school in this area.  Mr. Richey explained that this amendment to the PUD, and the amendment to the PUD for Sawgrass, is providing an 18 acre school site, and a ten acre park to be co-located with it (the park in the back is being moved to the front).  The density and intensity is not changing and this parcel and the parcel to the south have already been approved for about 1,300 units; all they are doing here is creating a school site.  Mr. Richey stated that they have an agreement with the School Board where they will build the school on the site. The applicants are providing the site within the next 30 days, so the School Board can begin their preliminary engineering, and they are extending the roads to that site and providing a temporary easement, as they go through their St. Johns River Water Management District (SJRWMD) permitting, to allow the School Board to start their site work.  The applicants are also providing storm water retention for the school site.  Mr. Richey noted that there was much enthusiasm shown at the Zoning Board meeting for an opportunity to have a school site.  They were asked to try and work out a pedestrian access from the existing subdivision, and they are going to look at doing that but they will have to deal with some wetlands.  Mr. Richey reviewed a site plan (submitted to the Deputy Clerk and marked as Applicant’s Exhibit 1 for Case PH#10-05-2 and Case PH#8-05-2) and pointed out that they have adjusted some boundaries and lot sizes to accommodate this gift.  They are not taking any credit off of impact fees, or anything else, and they are giving this school site to the School Board, to build a school in the next five years.  The only condition on their gift to the School Board was that they support their PUD amendments, to provide for the school site, and they have a written agreement with the School Board accepting this site and supporting their request of the Board today.

            Commr. Hill had a question concerning the elimination of the fire rescue section from the ordinance, and Mr. Sandy Minkoff, County Attorney, explained that, when the request came to them, staff wanted to make sure that the PUD was consistent with the current LDRs.  For instance, this particular one had a fire impact fee, before there were fire impact fees but, now that they have impact fees, there was no reason to have that provision in the ordinance.  It is the same thing with the water supply, because they will be hooking to a public utility.  They are required to meet the public water supply rules in the LDRs, so there is no reason to have that specifically in there.

            Commr. Pool addressed the comment made by Mr. Richey about the original Development of Regional Impact (DRI) being approved for up to 2,500 units and stated that, in 1993, the density was reduced down to 709 units, so obviously this is a far better project, as far as density and, with the school site, it makes it a win-win situation. 

            Mr. Richey noted that there are representatives of the developer here today, as well as individuals from the engineering firm, to answer any specific questions.  He noted that the School Board added language to the agreement that says they can start getting on the property as soon as possible, after the 30 day appeal time, and they have already provided them with all of the environmental assessments.

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

            Commr. Pool made a motion, which was seconded by Commr. Stivender, to uphold the recommendation of the Zoning Board and approve Rezoning Petition PH#10-05-2, 27 Properties, Inc., represented by Steven J. Richey, P.A., a request for an amendment to the Greater Lakes PUD, Ordinance #39-93, Tracking #5-05-PUD/AMD, and Ordinance 2005-7.

            Under discussion, Commr. Hanson commented to staff that this is not an increase obviously in density or numbers so to make sure that their records indicate that.

            Commr. Pool stated that they applaud the developers for coming forward with the 18 acres.

            Commr. Hill called for a vote on the motion, which was carried unanimously by a 5-0 vote.

            REZONING PETITION PH#9-05-2 – LAKE COUNTY PROPERTIES, INC. –

            AMENDMENT TO THE SAWGRASS BAY PUD, ORD. #24-91 –

            TRACKING #6-05-PUD/AMD

 

            Ms. Shannon Suffron, Senior Planner, Planning and Development Services, presented Rezoning Petition PH#9-05-2, Lake County Properties, Inc., represented by Steven J. Richey, P.A., a request for an amendment to the Sawgrass Bay PUD, Ordinance #24-91, Tracking #6-05-PUD/AMD, for a 388.7 acre parcel located in the Four Corners Area east of U.S. Highway 27.  The parcel is being served by Lake Utility Services, Inc. and will have central water and sewer.  Ms. Suffron explained that Ordinance #24-91 called originally for 800 single-family units, 171 were developed by others (The Savannas), leaving 629 units, which is the subject of the amendment.  They are asking for the potential to add the school site; accommodate a potential Sumter Electric Substation site; relocate the proposed recreation site west adjacent to the proposed school site; revise the preliminary plat to amend and update the project phasing plan; revise the preliminary plat to change the boulevard cross section to include a median east of the wetland crossing; change the residential typical lot size of 51’x110’ (from 50’x110”); revise the side yard setback from 5’ to 5.5’ to accommodate 11’ between buildings (for fire code); and revise the residential rear lot setback from 25’ to 20’ (including clarification that accessory structures may be placed within 5’ of rear property line).  Staff found the request to be consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and is recommending approval of the request.  The Zoning Board also recommended approval of the request.

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

            Mr. Steve Richey, Attorney representing the applicant, stated that what he just said about the last site also applies to this site, as shown in the site plan (marked as Exhibit 1 for Case PH#10-05-2 and Case PH#8-05-2).  He pointed out the location of the school site and surrounding properties and stated that they are going to try and accommodate some pedestrian access to that existing subdivision.  The clean-up work they are doing with regard to the setbacks, etc. is simply a matter of accommodating the new codes and does not increase the density or intensity of the project.

            Commr. Hill 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. Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved rezoning Petition #9-05-2, Lake County Properties, Inc., represented by Steven J. Richey, P.A., a request for an amendment to the Sawgrass Bay PUD, Ordinance #24-91, Tracking #6-05-PUD/AMD, and Ordinance 2005-8.

            Commr. Hanson pointed out that, once again, there is no increase in density.

            REZONING PETITION PH#8-05-2 – SADIE BALGOBIN, OWNER – NMK

            HOLDINGS FLORIDA, LLC – APPLICANT – A TO PUD – TRACKING #7-05-PUD

 

            Ms. Shannon Suffron, Senior Planner, Planning and Development Services, presented Rezoning Petition PH#8-05-2, Sadie Balgobin, Owner, NMK Holdings Florida, LLC, applicant, a request from A (Agriculture) to PUD (Planned Unit Development) for approximately 20 acres located in the Four Corners area east of US Highway 27 and west of the Silver Creek Development (Woodcrest Way).  The property will be served by South Lake Utilities, and it will have central water and sewer.  The applicant is requesting 70 dwelling units, at a density of 3.5 dwelling units per acre.  There is approximately 2.18 acres of wetlands, and there are several PUDs in the surrounding area.  Ms. Suffron noted that staff will remove the impact fee language in this ordinance before the document is recorded.  Staff found the request to be consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and is recommending approval of the request.  The Zoning Board also recommended approval of the request.  She noted that the property to the south has a similar density and will be used for short-term rentals.

            Commr. Cadwell stated that, in the Zoning Board minutes, Ms. Beatrice Bert Watson Ors had a concern in regards to access to her property, and Ms. Suffron explained that Ms. Ors did meet with the applicant’s representatives, and representatives of the Land Planning Group (LPG), but she is not clear on the outcome of those discussions.  Ms. Suffron believes that a relative of Ms. Ors spoke to her yesterday, and they are still in discussion with LPG about stub outs for access to their property.

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

            Ms. Tiffany Kapner, Land Planning Group (LPG), representing the applicant, addressed the Board and stated that, in response to Ms. Ors’ concerns, they did meet with her and her attorney, and they have not entirely resolved them, but they have added some language to their proposed layout of the site (submitted to the Deputy Clerk and marked as Applicant’s Exhibit 1) indicating that the stub out will be left to allow for access of adjoining property owners.  They are not certain where that stub out will be designed, at this point, but they will absolutely leave access for her to get to her property, and she has family that has property in that area, as well.  The subject property only adjoins her property at a corner, so there is no way for them to leave a stub out directly to her land without her having to go through somebody else’s property.  They are researching other existing easements in the area that she and her family can access through but, one way or another, they will leave a stub out, so they can access their property.  In response to the concern expressed by Commr. Cadwell, Ms. Kapner explained that the request today would not landlock Ms. Ors; the properties only touch at the corners; and the subject property has never been a legal access to her property.  She noted that there are existing easements in the other developments to the south, but they are still researching other easements.

            Commr. Pool asked whether Ms. Ors has deeded access today through another parcel of property because, if she does not have access to her property today through the subject property, then the applicant cannot really guarantee her anything other than an opportunity for her to come off of the subject property, at some location near her own property.

            After further discussion, Ms. Kapner indicated that Ms. Ors needs to contact the other property owner for access, because they only touch at the property corners and, because Ms. Ors has discussed a stub out with all of the surrounding developers, she understands that the applicants of the subject property cannot solve her problem either, but they can ultimately leave a stub out.

            Commr. Hanson noted that this is in the urban land use category, and she appreciates their efforts for clustering.  She noticed on the drawing (Exhibit 1) that there will be 82% open space, and the development will consist of townhouses.  She wanted them to know that she appreciates them trying to stay away from the trees and wetlands.

            Ms. Beatrice Bert Watson Ors addressed the Board and stated that she appreciates the patience shown by the Board and LPG in this matter.  Ms. Ors stated that she has not been able to contact the adjoining property owner because their whereabouts are unknown but, for the record, from their property, they had a road, but it has been blocked again all the way to CR 545.  She stated for the record that they have gone that way millions of times.  In 1999, the County designed and approved a visionary road map, and it showed the western beltway, and SR 429 was one of the visionary roads, and she did not know if this issue had been tabled.  Ms. Ors stated that the traffic congestion is horrible, since they built the new Wal-Mart at the corner just north of CR 474, and the traffic is now wrapping all the way around to SR 192, with her point being that she does not know what happened to the east to west road that was on the visionary map.  She noted that she has a copy of that map.

            Commr. Pool commented that, in regard to the Wal-Mart scenario, he thinks they made some timing adjustments to the lights, to try and facilitate the flow of traffic.

            Commr. Pool made a motion, which was seconded by Commr. Stivender, to uphold the recommendation of the Zoning Board and approve Rezoning Petition PH#8-05-2, Sadie Balgobin, Owner, and NMK Holdings Florida, Inc., Applicant, a request to rezone from A (Agriculture) to PUD (Planned Unit Development), Tracking #7-05-PUD, and Ordinance 2005-9, with the understanding that the stub out would still be maintained for Ms. Beatrice Bert Watson Ors.

            Under discussion, Mr. Sandy Minkoff, County Attorney, requested that the Board add specifically the reference to short-term rentals.  The Ordinance itself does not mention that and staff would like to put that language in it.

            Commr. Pool amended his motion to include the request for language, as noted, from the County Attorney, and Commr. Stivender amended her second to the motion.

            Ms. Ors addressed the Board again and stated that, for the record, it was mentioned that it was her property, but it is other family members and relatives that have property on Lake John Hancock.  They have 32 acres of lakefront property, and they would appreciate them not landlocking their lakefront property.

            Commr. Hill noted that all access issues will be addressed during site plan review.

            Commr. Hill called for a vote on the motion, as amended, which was carried unanimously by a 5-0 vote.

            REZONING PETITION PH#3-05-5 – GARY L. AND ALICE J. MILLER – LM & R-5

            TO CP – TRACKING #12-05-CP

 

            Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, presented Rezoning Petition PH#3-05-5, Gary L. and Alice J. Miller, a request from LM (Light Industrial District) and R-6 (Urban Residential District) to CP (Planned Commercial District), for a 3.5 acre parcel located in the Astor area, for the development of a business center incorporating general retail, professional offices, office/warehouses, and self-service storage.  The proposed zoning does not conflict with the Land Development Regulations (LDRs), however, the site is not in compliance with all applicable policies of the Comprehensive Plan, as it does not meet the commercial location criteria established in Objective 1-3A.  Staff finds that the parcel is located in an area with an overwhelmingly commercial and industrial development pattern.  Although the area is not designated as a commercial corridor on the Future Land Use Map, it effectively functions as one.  It is staff’s opinion that a rezoning to commercial would constitute infill to a functioning commercial corridor.  Mr. Hartenstein discussed the surrounding zoning.

            Commr. Cadwell explained that the subject property is basically in the center of the commercial district of Astor but, because of the location criteria, it does not fit, and this is one of the things that the Board has asked the long range planning group to look at.  The Zoning Board recommended approval of the rezoning request 5-1 to CP, with limited access, so they do not have access through the residential subdivision, which the LDRs and Comprehensive Plan address. 

            Commr. Hanson stated that the commercial location criteria was developed to address areas that were much more rural than this one, and this is a community, and it is not appropriate at this location anymore than it would be at the Mt. Plymouth and Sorrento urban node.

            As noted, staff was recommending denial of the request, as the subject parcel fails to meet commercial location criteria.

            Discussion occurred regarding Panther Road with staff explaining that the only functional way they could address an emergency services access would be with the installation of a crash gate on the back side of the subject property, even though the intent is to have the main access off of SR 40.

            Commr. Hill opened the public hearing and called for public comment.  It was noted that the applicants were present.

            Ms. Sheila Pike addressed the Board and stated that she lives on Panther Road, and her only concern of opposition pertains to the back gate, because there is a very large bus stop in this vicinity and many times there are 15 to 20 children there in the morning and afternoon.  She stated that this is why most people are concerned about having more traffic on that road.  As long as there is no access back there, then they are happy.

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

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Petition PH#3-05-5, Gary and Alice Miller, John K. Wine, Broker, a request to rezone from LM (Light Industrial District) and R-6 (Urban Residential District), to CP (Planned Commercial), Tracking #12-05-CP, and Ordinance 2005-10.

            RECESS & REASSEMBLY

            At 10:03 a.m., Commr. Hill announced that the Board would be taking a 15 minute recess.

            REZONING PETITION CUP#05/1/1-2 – EUGENE AND PAMELA B. FISCHER,

            OWNER – PAMELA B. FISCHER, APPLICANT – CUP IN A –

            TRACKING #02-05-CUP

 

            Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, presented Rezoning Petition CUP#05/1/1-2, Eugene and Pamela B. Fischer, Owner; Pamela B. Fischer, Applicant; a request for a CUP (Conditional Use Permit) in A (Agriculture) to allow for an equestrian training/riding facility, on 8.75 acre parcel located in the South Clermont area.  On October 9, 2003, the Board of Adjustments granted a variance to allow a private riding stable on a parcel of land that is less than ten (10) acres, which brought this into compliance with the Land Development Regulations (LDRs).  There were restrictions associated with the variance, and they have been addressed in the attached ordinance.  Staff is recommending approval of the request with conditions, that there be no public events on the property, no horse boarding, one horse per usable acre limitation, and the owner shall adhere to the setback and hours of operation as set forth in the attached ordinance.

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

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Petition CUP#05/1/1-2, Eugene and Pamela B. Fischer; Pamela B. Fischer, Applicant; a request for a CUP (Conditional Use Permit) in A (Agriculture), to allow for an equestrian training/riding facility, Tracking #02-05-CUP, and Ordinance 2005-11, with conditions, as follows: no public events on the property, no horse boarding, one horse per usable acre limitation, and the owner shall adhere to the setback and hours of operation, as set forth in the ordinance.

           


            REZONING PETITION PH#6-05-3 – 2001-27, LLC, OWNERS – TIM GREEN,

            GREEN CONSULTING GROUP, APPLICANT – A TO C-2 – TRACKING #9-05-Z

 

            Mr. John Kruse, Senior Planner, Planning and Development Services, presented Rezoning Petition PH#6-05-3, 2001-27, LLC, Owners; Tim Green, Green Consulting Group, Applicant; a request from A (Agriculture) to C-2 (Community Commercial).  Mr. Kruse explained that this project has come before the Board several times for a Land Plan Amendment (LPA), and the applicant is now going through the rezoning phase.  He pointed out the location of the property, as shown in the backup, noting that this is an 18 acre parcel, from the overall 98 acres that was changed for the Future Land Use that was transmitted to the Department of Community Affairs (DCA) in December (changed from Rural and Suburban to Urban Expansion with a Community Commercial overlay).  Staff is recommending approval of the request, based on staff review of the Comprehensive Plan and Land Development Regulations (LDRs).  The Zoning Board recommended approval 6-0.

            Commr. Hill opened the public hearing and called for public comment.  It was noted that Mr. Tim Green, the applicant, was present.  There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Petition PH#6-05-3, 2001-27, LLC, Owners; Tim Green, Green Consulting Group, Applicant; a request from A (Agriculture) to C-2 (Community Commercial), Tracking #9-05-Z, and Ordinance 2005-12.

            REZONING PETITION PH#12-05-2 – CENTRAL DEVELOPMENT,

            INC./GREENGROVE ESTATES, OWNERS – ROMAN O. COWAN, V.P., CENTRAL

            DEVELOPMENT, INC., APPLICANT – AMEND ORDINANCE #39-92 – TRACKING

            #3-05-PUD/AMD

 

            Mr. John Kruse, Senior Planner, Planning and Development Services, presented Rezoning Petition PH#12-05-2, Central Development, Inc./Greengrove Estates, Owners; Roman O. Cowan, V.P., Central Development, Inc., Applicant; a request to amend existing PUD Ordinance #39-92 to include accessory use of keeping of horses by the residents, on 701 acres located one-half mile south of the intersection of SR 33 and Laws Road South of Groveland.  The Planned Unit Development (PUD) consists of 118 single family lots, and the lot sizes range from a minimum of one acre of uplands on each lot.  The keeping of livestock, particularly horses, is permitted in the future land use category of Core Conservation.  Mr. Kruse explained that, in reviewing the old Greengrove Estates file, the original intent of the PUD was to provide a residential community with accessory uses to include the keeping of horses by the homeowners, but this was not specifically stated in the ordinance.  Staff is recommending approval of the request.  The Zoning Board also approved the request 6-0.

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

            Commr. Pool made a motion, which was seconded by Commr. Stivender, to uphold the recommendation of the Zoning Board and approve Rezoning Petition PH#12-05-2, Central Development, Inc./Greengrove Estates, Owners; Roman O. Cowan, V.P., Central Development, Inc., Applicant; a request to amend existing PUD Ordinance #39-92, to include accessory use of keeping of horses by the residents, Tracking #3-05-PUD/AMD, and Ordinance 2005-13.

            Under discussion, Commr. Cadwell requested clarification of lot sizes.

            Mr. Kruse noted that the minimum is one acre of uplands on each lot; the permitted gross density is one dwelling unit per six acres; and the density is spread out over the entire parcel.  There is no change to the actual density of the project; they just want to include language to allow the keeping of horses by the residents.  It was noted that the PUD allows for 118 homes on 700 acres.

            Commr. Hill called for a vote on the motion, which was carried unanimously by a 5-0 vote.

            REZONING PETITION PH#1-05-3 – EDWARD VRABLIK, OWNER – GREEN

            CONSULTING GROUP, INC., APPLICANT – A TO PUD – TRACKING #14-05-PUD

 

            Mr. John Kruse, Senior Planner, Planning and Development Services, presented Rezoning Petition PH#1-05-3, Edward Vrablik, Owner; Green Consulting Group, Inc., Applicant; a request to rezone from A (Agriculture) to PUD (Planned Unit Development) and explained that this parcel was before the Board last year for a Land Plan Amendment to change it from suburban to urban expansion.  The applicant is requesting 650 dwelling units, at a density of 1.42 dwelling units per gross acre.  The density is clustered on the uplands of the site, approximately 193 acres of the overall 456 acres.  Mr. Kruse showed the Board the applicant’s proposed conceptual plan (submitted to the Deputy Clerk and marked as County’s Exhibit 1), and he pointed out the location of the lots, which access off of US 27.  He also pointed out the lots that can only access off of O’Brien Road and avoid any impact to the wetlands.  The actual density will be 3.36 dwelling units per acre on the uplands and central water and sewer would be required for this development, by either the City of Groveland, or the City of Leesburg.  Staff is recommending approval of the request subject to development at the maximum allowable density of six dwelling units per acre, or the future land use maximum allowable density, whichever is lesser. He noted that a portion of this parcel is actually in urban, which permits up to seven dwelling units per acre.  The Zoning Board recommended approval 6-0.

            Commr. Stivender noted that, in the backup, there is a letter from the City of Groveland (Groveland) dated March 15, 2004 saying that they would be willing to provide utilities to this project.

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

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and explained that, as part of the objections, recommendations and comments (ORC) Report, the Department of Community Affairs (DCA) raised the issue of Groveland’s ability to provide utilities, even though they have a written letter indicating that they would be willing to provide them, so they got a second letter from the City of Leesburg (Leesburg), who has the capacity and has said they would be a backup, if Groveland did not have the capacity to do it.  So they have a commitment from both of them to provide the service.  He explained that Groveland has indicated that they are upgrading their facilities and systems, and they serve the industrial park across the road, but they got a backup letter, as part of the ORC Report.  Mr. Richey stated that the staff report talks in terms of open space, and they have clustered this project.  He explained that the Industrial Development Authority (IDA) had asked during the Comprehensive Plan process to provide housing for folks in the industrial park, and Banyan Homes has committed to an element of affordable housing.  They do not know the percent yet, because they have not finalized the house types, or overall costs, or issues with DCA, but their goal is to sit down with County staff and work on the affordable housing element and provide that as part of this project.  Mr. Richey noted that Mr. Frank Gammon, Banyan Homes, is here today to answer any questions.  He stated that, in the ORC Report, schools were not an issue for this particular piece of property at the time, and they are going to pay the full impact fees on these properties.  He noted that Mr. Tim Green, Planner, Green consulting Group, Inc., is here to answer any technical questions.

            Mr. Richey pointed out on Exhibit 1 the location of the urban land use, which allows up to seven dwelling units per acre, and through a Land Plan Amendment, they changed the suburban to urban expansion, as shown, and they are taking the density and spreading it out on the whole site, but not maximizing the density.  The preliminary site plan (Exhibit 1) with the 550 units is what they are putting on this acreage, in the configuration being shown.

            Commr. Hanson noted that she voted against this, and Mr. Richey explained that she did vote against it for the original Comprehensive Plan, and she was absent from the meeting where he presented his clustered plan.  Commr. Hanson noted that she appreciates the clustering.

            Mr. Tim Green addressed the Board to answer questions.

            Commr. Hanson stated that the comment that was made at the Zoning Board meeting was well taken that, even though this would be a great location for a light industry or commercial, because of the wetlands, it probably would not be.

            Commr. Cadwell stated that, in order to clarify some of comments made by Mr. Richey, the IDA had urged them to have housing there, but that comment also came from DCA when they did the DRI, and that was one of their concerns.  They were going to approve the DRI but there was real concern about having a workforce accessible to the industrial park, so it falls in line with what they were looking for, too.  In regards to the wording on the water and sewer, the Board does not care to be specific, but the wording is going to protect the County, and it will be a central water and sewer system by a provider in the area.  Mr. Kruse has confirmed this requirement, and Mr. Richey has confirmed that they have no intention of doing this on their own.

            It was noted that the open space is in excess of the 25%, as required as a minimum in the PUD.  It was determined that there is about 56% open space, and 193 acres out of the overall 456 acres are used for housing, and the rest of it is the open space. 

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Petition PH#1-05-3, Edward Vrablik, Owner; Green Consulting Group, Inc., Applicant; a request to rezone from A (Agriculture) to PUD (Planned Unit Development), subject to development at the maximum allowable density of six dwelling units per acre or the future land use maximum allowable density, whichever is lesser, as submitted by staff, Tracking #14-05-PUD, and Ordinance 2005-14.

            REZONING PETITION PH#78-04-2 – LADD DEVELOPMENT, INC., OWNER – JON

            VANDERLEY/COUNTY LINE CONSTRUCTION, APPLICANT – R-4 TO CFD –

            TRACKING #86-04-CFD

 

            Commr. Hill disclosed that she talked to Ms. Cecelia Bonifay, but not recently, with regard to this item, and Commrs. Pool, Hanson, and Stivender disclosed that they also talked to her, but it was a long time ago.

            Commr. Pool stated that he will be abstaining from voting because Mr. Jon VanderLey is a business associate who is involved in the project.  He stated that he is appreciative of the fact that the parties were willing to switch around the location of the school site.

            Ms. Jennifer Dubois, Planner, Planning and Development Services, presented Rezoning Petition PH#78-04-2, Ladd Development, Inc., Owner; Jon VanderLey/County Line Construction (and Cecelia Bonifay), Applicant; a request from R-4 (Medium Suburban Residential) to CFD (Community Facility District), to rezone the 9.05 acre parcel, which is presently vacant, for the creation of a charter K-5 elementary school.  The property is located in the Clermont area approximately 1/8 mile east of the intersection of Hancock Road and Hartwood Marsh Road.  The original concept featured the subject parcel with frontage on Kings Ridge Boulevard and Hancock Road; however, after discussion with residents of the surrounding area, the site was relocated east of the intersection of Hancock Road and Hartwood Marsh Road.  The property is a portion of the 142 acre Hart Family LLC tract, for which a change in land use from rural to urban expansion was adopted by the Board on December 21, 2004, however, the approval of this rezoning is not contingent upon a determination of the amendment’s compliance with the Growth Management Act by the Florida Department of Community Affairs (DCA), as schools are a permitted use within the existing rural land use category.  Staff finds that the project is consistent with all provisions of the Land Development Regulations (LDRs) and Comprehensive Plan and recommends approval of the request.  It was clarified, if the Land Plan Amendment goes away, that this rezoning will stay in place, as schools are a permitted use within the rural land use category.

            Ms. Cecelia Bonifay, Akerman Senterfitt, appearing on behalf of Imagine Charter Schools, stated that, as staff has indicated, they originally had a site that would have been at the intersection with Kings Ridge Boulevard and Hancock Road and, as a result of that, they went back to the Kings Ridge residents and the Ladd brothers, and they agreed to shift the location so that there would only be an entrance off of Hartwood Marsh Road and not on Hancock Road.  They were also able to resolve issues of concern that had been expressed by folks in Summerset, as well as Kings Ridge.  Several members of the Clermont City Council originally had concerns but are now in support of the relocated project. Ms. Bonifay noted that Mr. VanderLey is here today, on behalf of the foundation that owns the property.  As shown in the site plan (submitted to the Deputy Clerk and marked as Applicant’s Exhibit 1), they shifted the school as far to the east as possible and have placed their retention area where it will serve as another buffer.  After the Zoning Board meeting, Mr. VanderLey met with the citizens and discussed the buffering, and she would like him to address the Board today, because that was the only remaining issue, to maintain a vegetative buffer along that portion of the site.

            Mr. Jon VanderLey, applicant, stated that they did meet last Thursday evening with about 25 of the landowners from the Hartwood Pines Subdivision.  They had concerns about traffic and buffering from their subdivision, their backyards, and the school.  So they moved the school as far east as possible and gave them some space, by using that space as the retention area.  Yesterday their engineers told them that they also have room for a minimum of two rows of  existing pine plantings to remain there as part of the buffering, and they will add more to that as necessary.  It was mentioned that some of those pines were knocked down by the hurricanes, and they will make sure that they replant decent size trees.  The only area of really major concern is the bus loop at the northwest corner of the property, and they will heavily screen that to try and avoid any concerns.  As it relates to traffic, they have talked to Lake County Engineering staff, and, if the applicant does the warrant study for the traffic light at Hartwood Marsh Road and Hancock Road, staff has agreed to go ahead with the light and position the poles for the future widening of Hartwood Marsh Road.  The warrant study is underway and will probably be complete some time next week.  He noted that the school is a charter K-5 site, and the School Board has asked them to do everything they can to make sure it is on the ground by August, 2005, because they desperately need the seats.

            Ms. Bonifay noted that this is an overview and staff has found this to be consistent with all of the Comprehensive Plan policies and compatible with the surrounding land use.  They are providing for the buffering on the site, and this is a CFD and, regardless of what happens with the Comprehensive Plan Amendment on the Hart property overall, this rezoning would still stand, because it is compatible and consistent and allowed in the existing, or underlying land use.  The applicant has relocated the site and has dealt with the traffic, and the location of the school facility for 700 student stations.  She appreciated the County working with them to get this turned around because they need to be breaking ground in February, in order to meet the August deadline.  Ms. Bonifay stated that she had conversations with the Superintendent of Schools, and there is a representative here today from the School Board, Mr. Terry Adsit, Senior Planner.

            It was clarified that, with the CFD, the Board can place requirements for landscaping along the western boundary.

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

            Commr. Stivender made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Zoning Board and approve Rezoning Petition PH#78-04-2, Ladd Development, Inc., Owner; Jon VanderLey/County Line Construction, Applicant; a request to rezone from R-4 (Medium Suburban Residential) to CFD (Community Facility District), for the creation of a charter K-5 elementary school, Tracking #86-04-CFD, subject to the conditions outlined in the ordinance, and adding in the CFD additional landscaping to be placed along the western side of the property, which would give the buffer between the subdivision and the development of the school, and Ordinance 2005-15.

            Under discussion, Commr. Cadwell stated that the construction time frame could probably be met on the school site, because a non-governmental entity (Imagine Charter Schools) is building it.

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

            Commr. Pool declared a conflict of interest and abstained from voting.

            Commr. Cadwell stated that the cases today seemed somewhat simple but they really were not and he wanted Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, to know that his staff did a good job in their presentations today, and he really appreciates their work.

            OTHER BUSINESS

            COMPREHENSIVE PLAN VIDEO

            Commr. Hill stated that it has been brought to her attention that staff has a Comprehensive Plan video that they would like to show at this time, if the Board members would like to see it.

            Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, stated that the video is 12 minutes long and will be shown to the community during the month of February.

            Commr. Hanson noted that this is the video that she had asked Mr. Welstead to bring to this Board before they took it out into the community.

            Mr. Welstead addressed the Board and stated that the video has already been presented to the Board committees, and the city planners and managers.  He stated that all of this has been done in-house and is another example of their talented Information Outreach staff.

            Mr. Welstead stated that staff has presentations scheduled beginning week after next at six elementary schools.  There are some conflicts with city council meetings, so they will be adding some additional meetings for public outreach.  They have already had some meetings and will be going out to the local civic groups, so that people will understand what this is all about.

            Commr. Hanson asked staff to let the Board know of the additional meetings so they can attend them, if they so choose.  She appreciates staff making this presentation, and the input from staff that was used in putting it all together.

            Mr. Welstead stated that, from a staff perspective, they really appreciate the Board’s support in this endeavor.  He noted that they will be making a couple of last minute tweaks and corrections to the video before the public meetings. As of yesterday, the lake government website now has a page specifically for this item and all Comprehensive Plan information - http://www.lakegovernment.com/2025.


            ADDENDUM NO. 1

            OTHER BUSINESS

            APPOINTMENTS/ELDER COUNCIL

            Commr. Stivender made a motion, which was seconded by Commr. Hanson, to approve the reappointment of Dr. Thomas Cook and Ms. Dee (Dolores) Miller to the Elder Council (Lake County Elder Affairs Coordinating Council a/k/a Elder Council).

            Under discussion, Commr. Hanson stated that the Coordinating Council was going to look at an amendment to the structure of the committee that would allow for at least one more person to be an at-large member, and that might be an opportunity for Stacey Hylander to continue on the board, but she will bring that back.

            Commr. Hill called for a vote on the motion, which was carried unanimously by a 5-0 vote.

            REPORTS – COUNTY MANAGER

            PEAR PARK

            Mr. Bill Neron, County Manager, explained that staff has been working for several months now with a grant to purchase an additional 25 acres of land that would provide better access to PEAR Park from US 27.  In doing the environmental assessment on that land prior to closing and, with the contamination found on the site, they have been working with the State Department of Environmental Protection (DEP), the Trust for Public Lands, and Ms. Blanche Hardy, Director of Environmental Services, to come to a conclusion in the matter and, as of yesterday afternoon, and based on recommendations from DEP, they have developed the following conditions: 

  1. The contaminated soil on the site will be removed to a Commercial/Industrial Standard (3.7 level), as approved by the State Department of Environmental Protection (DEP).

 

  1. The cost for the clean-up and removal of the contaminated soil to a level of two feet on the site will be paid for by the Trust for Public Lands (TPL), as part of the purchase price of the property.  The cost of removal of the contaminated soil as required on certain portions of the site below the level of two feet will be paid for by Lake County at a cost not to exceed $30,000.00.

 

  1. After the clean-up which will be done by a consultant for the Trust for Public Land to meet DEP standards, Confirmation Samples will be provided to Lake County and DEP.

 

  1. Lake County will be responsible for the one-year monitoring costs after the clean-up has been completed.

 

  1. The closing on the property will take place on or before January 31, 2005.  However, if it is not possible to meet this deadline date, the County Commission authorizes the County Attorney to seek a thirty-day extension of the State grant to be used to assist in the purchase of the site.

 

            Mr. Neron stated that he appreciates the efforts by Ms. Hardy and staff, and Mr. Doug Hattaway, Trust for Public Lands, in working out a resolution to this item.

            Commr. Stivender inquired as to the costs for Item D, with Mr. Neron noting that it would be approximately $4,000 to $5,000 and they can cover that within the existing budgets.

            Commr. Stivender stated that this is in her district, and she wanted to thank Mr. Hattaway and Ms. Hardy for their hard work and, even though it has taken awhile, they are going to complete it, and that is an accomplishment.

            Commr. Cadwell stated that he is not opposed to giving the extension, or asking for the 30 days if they need it, but he would want them to act as if they do not have it, because they need to get this thing closed.

            Ms. Blanche Hardy, Director of Environmental Services, addressed the question from Commr. Hill regarding monitoring and explained that they would have to hire a licensed contractor to install the wells, but staff can probably collect the samples themselves and keep the costs down.

            Mr. George Wolfe stated that he lives in Hawthorne, and he is one of nine members on the Board of Directors for the PEAR Association.  Mr. Wolfe stated that he has appeared before the Board at other times, and he has sent a couple of letters to them regarding PEAR Park.  He stated that they are concerned about the volunteer organization, with the medium age of a volunteer being close to 70.  Mr. Wolfe stated that they are accomplishing a lot and are anxious to see this thing go forward.  He stated that this morning they were talking about growth, and he had the opportunity to see the video when Mr. Welstead presented it to the Lake County Conservation Council.  He further stated that it is quite impressive but he is more impressed with Mr. Welstead who is doing a wonderful job.  Mr. Wolfe discussed the growth that is taking place around PEAR Park and stated that he is glad they are going to resolve this extra acreage issue, because that will be the front entrance to PEAR Park.  He hopes they can get the master plan completed to go forth with it.

            Commr. Hill stated that the Board appreciates all the volunteers that work at PEAR Park.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the items being recommended by the County Manager, as noted above, and to go forward with the purchase of this property.

            REPORTS – COMMISSIONER POOL – DISTRICT #2

            CELEBRATION OF PRAISE

            Commr. Pool extended his thanks to Commr. Hanson for attending the Celebration of Praise Dedication in South Lake County with him.  He stated that it is a wonderful church, it was a wonderful church service, and they have a wonderful pastor, and they certainly applaud them and wish them all the success.  He understands that they have 37 different nationalities represented in that one church.

            REPORTS – COMMISSIONER HANSON – DISTRICT #4

            EUSTIS POST OFFICE

            Commr. Hanson stated that there is an effort to move the Eustis Post Office into the Lake Eustis Foundation property, and they are requesting letters of support from this Board.  She stated that she has copies of the draft letter, and she would like to suggest that they get the Chairman to sign it, if she is agreeable.

            Commr. Hanson made a motion, which was seconded by Commr. Stivender, to approve for the Chairman to send this letter, as noted, under her signature.

            Under discussion, Commr. Hill questioned whether this was a federal request or a request from the City of Eustis.

            Commr. Hanson noted that it is federal, and the letter is going to Congressman Ric Keller.  The Eustis Post Office is in agreement with the request and it appears to be pretty straight forward.  They just need to know that the community supports that move.  She stated that, if the Chairman is not comfortable signing it, she has no problem signing it, but Commr. Hill indicated that she has no problem signing it.

            Commr. Cadwell stated that he was of the understanding that, under the City of Eustis’ Master Plan, they want to keep that facility downtown.  After further discussion, he asked if the item needed to be placed on the agenda first for Board action.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to place the item regarding the relocation of the Eustis Post Office on the agenda for Board action.

            Commr. Hill called for a vote on the original motion, to approve sending out the letter, under the Chairman’s signature, which was carried unanimously by a 5-0 vote.

            SIERRA CLUB

            Commr. Hanson informed the Board that she was invited to attend the Sierra Club meeting last week, to receive a Certificate of Appreciation, on behalf of the Board of County Commissioners, for the referendum to acquire environmentally sensitive lands.  At this time, she presented the Certificate to Commr. Hill, Chairman.

            BLUEWAYS PROJECT

            In regards to the item the Board discussed a couple of weeks ago, the Blueways Project, Commr. Hanson reported that she participated in a tour of part of Lake Eustis and the Dora Canal, and it was wonderful but cold.  She stated that this is a wonderful opportunity for Lake County to focus on the natural resource that they have that is most obvious, and she thinks it will open up all kinds of opportunities, with the obvious ones being tourism and economic development, and protection of the environment, but also renewed awareness of the waters that they need to protect.  It is exciting and she appreciates the Board’s support of that project.  It was noted that the Blueways issue had complete coverage in several newspapers.

            BOARD MEETINGS

            Commr. Hanson informed the Board that she will not be at the Board meeting on February 8, 2005 (space study).

            ELDER AFFAIRS

            Commr. Hanson reported that, on Friday, the Lake County Elder Affairs Coordinating Council (a/k/a Elder Council) is having a “Communities for a Lifetime” Workshop, and there are 62 folks that will be attending it and, of course, Ms. Robbie Hollenbeck, Special Projects Coordinator, has done an outstanding job putting that together.  It will be held at the Magnolia Room, Lake-Sumter Community College, from 8:30 a.m. to noon.

            EAST LAKE COUNTY CHAMBER OF COMMERCE/LAUREN RITCHIE

            Commr. Hanson stated that she attended the East Lake County Chamber of Commerce event last Wednesday, and Ms. Lauren Ritchie, a columnist with” The Orlando Sentinel”, was the speaker.  She stated that Ms. Ritchie made a comment that she must take exception to.  Commr. Hanson explained that Ms. Ritchie indicated that this Board is presented, whenever they have meetings, with a smorgasbord of opportunities for votes, and that they merely vote up or down what staff recommends to them.  She stated that this is true, because staff brings a lot of good items to them, but there are many other items that they, as individual Commissioners, bring before the Board.  Sometimes they are issues that may be controversial but they all have individual items that are particularly special to them, and they bring those forward but they probably do not do a good enough job letting her and others with the newspaper know this.  Commr. Hanson stated that she will be meeting with her, and perhaps the Board members need to do a better job letting the press know what they take on as special projects.

            REPORTS – COMMISSIONER CADWELL – DISTRICT #5

            CITY OF UMATILLA

            Commr. Cadwell informed the Board that the City of Umatilla’s City Council is having a long range planning meeting, and they have invited him to attend, which he will be doing tonight.

            SANDRA GLENN MEMORIAL

            ELECTIONS - EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

 

            Commr. Cadwell noted that Ms. Sandra Glenn passed away over the weekend, a good friend of Lake County, and the whole region.  She is going to leave a great leadership void when it comes to planning.  He would like to have the Chairman write a letter of respect to be included in a packet that is being put together by the Seminole County Commission, for her family.  The City of Altamonte Springs was planning on having a memorial service for Saturday where she served on the City Council, and in Seminole County where she was a Commissioner. Ms. Glenn was also the past President of the Florida Association of Counties (FAC), and the first woman to be elected to the Seminole County Commission.  Commr. Cadwell stated that he will supply the Board with further information, as he receives it.  He had heard that they were setting up a memorial fund at Seminole Community College, but that was preliminary.

            Commr. Cadwell noted that Mr. Jeff Jones was appointed as the Acting Director, East Central Florida Regional Planning Council (ECFRPC), which will be ratified at the meeting in February and, at the same time, they will have their election of officers.


            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:25 a.m.

 

 

___________________________

JENNIFER HILL, CHAIRMAN

ATTEST:

 

 

 

__________________________

JAMES C. WATKINS, CLERK