A REGULAR MEETING OF THE BOARD OF
The
Lake County Board of
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
AGENDA
UPDATE
Mr.
Bill Neron,
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
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
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,
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#
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
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#
Mr.
Sandy Minkoff,
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#
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
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
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
Commr.
Cadwell pointed out that staff had made
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
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
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 (
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
COMMISSIONERS
At
REZONING PETITION PH#
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
REZONING PETITION PH#
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
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
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#
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#
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,
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#
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#
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#
HOLDINGS
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,
Commr.
Pool amended his motion to include the request for language, as noted, from the
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
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#
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
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
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#
RECESS
& REASSEMBLY
At
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
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#
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#
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#
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#
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
Commr.
Stivender noted that, in the backup, there is a letter from the City of
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
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
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
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
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
–
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:
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
Commr.
Hill stated that the Board appreciates all the volunteers that work at
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
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
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
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
BOARD MEETINGS
Commr.
Hanson informed the Board that she will not be at the Board meeting on
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,
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
Commr.
Cadwell informed the Board that the City of
SANDRA GLENN MEMORIAL
ELECTIONS - EAST
Commr.
Cadwell noted that Ms. Sandra Glenn passed away over the weekend, a good friend
of
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
___________________________
JENNIFER HILL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS, CLERK