A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
APRIL
26, 2005
The
Lake County Board of County Commissioners met in regular session on Tuesday, April
26, 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:
Catherine C. Hanson, Vice Chairman; Welton G. Cadwell; Debbie Stivender; and
Robert A. Pool. Commr. Jennifer Hill,
Chairman, was not present at this meeting.
Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy
Hall, Assistant County Manager/Interim County Manager; Wendy Taylor, Executive
Office Manager, Board of County Commissioners’ Office; and Sandra Carter,
Deputy Clerk.
INVOCATION
AND PLEDGE
Commr.
Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA
UPDATE
Commr.
Hanson, Vice Chairman, informed the Board that the Lake County Democratic Party
requested approval to conduct a Memorial Day vigil on the steps of the Historic
Courthouse, on Monday, May 30, 2005, and that she would like to place said item
on the Agenda.
On
a motion by Commr. Cadwell, seconded by Commr. Stivender and carried
unanimously, by a 4-0 vote, the Board approved to place said item on the
Agenda.
Commr.
Hanson then requested approval to place on the Agenda a request that the Board
take some action regarding an effort by the Legislature to make all hospices
“for profit”, rather than “not for profit”, which will affect the hospice in
Lake County.
On
a motion by Commr. Stivender, seconded by Commr. Cadwell and carried
unanimously, by a 4-0 vote, the Board approved to place said item on the
Agenda.
Ms.
Cindy Hall, Assistant County Manager/Interim County Manager, informed the Board
that staff needed approval to advertise and hold a Budget Retreat, to be held
on May 20, 2005, at Trout Lake.
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a 4-0 vote, the Board approved said request.
PUBLIC
HEARINGS: REZONING
REZONING CASE
NO. PH5-05-3 - R-1 TO R-2 - JOHN NELSON/NELSON FAMILY
TRUST/TIMOTHY
P. HOBAN AND CARL LUDECKE – TRACKING NO. 10-05-Z
Mr.
Tim Hoban, Attorney, representing John Nelson/Nelson Family Trust, Rezoning
Case No. PH5-05-3, addressed the Board and requested a 30 day postponement for
this case.
Commr.
Hanson, Vice Chairman, announced that she had a conflict of interest regarding
this case, therefore, would recuse herself from any discussion and vote on the
matter. She then turned the gavel over
to Commr. Stivender.
Commr.
Stivender opened the public hearing.
No
one present opposed the request for a 30 day postponement of this case.
There
being no one present who wished to address the Board, Commr. Stivender closed
the public hearing.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 3-0 vote, the Board approved the request for a 30 day postponement of
Rezoning Case No. PH5-05-3, John Nelson/Nelson Family Trust/Timothy P. Hoban
and Carl Ludecke, Tracking No. 10-05-Z, until the Board Meeting of May 24, 2005,
as requested by the applicant.
Commr.
Hanson had declared a conflict of interest, therefore, did not vote on the
matter.
PUBLIC
HEARINGS: VACATIONS
VACATION PETITION
NO. 1046 – LAKE SAUNDERS GROVES LAND LLP
CHELSEA
OAKS LLC – TAVARES AREA
Mr.
Jim Stivender, Jr., Public Works Director, explained this request, stating that
staff was requesting an additional 30 day postponement of this case. He stated that it came before the Board last
month and was postponed, in order to allow the County to hold a public meeting,
which they did, to allay any concerns about the request. He stated that there was a lot of confusion about
it, because the property is in the City of Tavares, but it involves a county
road.
Commr.
Stivender interjected that, during said meeting, it was discovered that the
legal description involving the property was submitted to the County
incorrectly, in that it did not include a portion of the property that will
have to be vacated, because a retention pond is going to be dug on it. She stated that one of the concerns expressed
by the citizens attending said meeting was that of public safety, in that it is
felt that emergency vehicles will have a problem accessing properties in the
area, if the right of way is vacated.
She stated that there were some issues involving the aesthetics of the
proposed subdivision, as well, which were resolved between the developer and
the residents in the area. She stated
that she felt the meeting went very well, noting that the residents are not
happy that the right of way may end up being vacated, but the County is working
out the issues and their concerns.
The
Vice Chairman opened the public hearing.
No
one present opposed the request for a 30 day postponement of this case.
There
being no one present who wished to address the Board, the Vice Chairman closed
the public hearing.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a 4-0 vote, the Board approved the request for a 30 day postponement for
Road Vacation Petition No. 1046, Lake Saunders Groves Land LLP, Chelsea Oaks
LLC, to vacate right of way and cease maintenance on a portion of Merry Road
(4455), in the plat of James M. Conner, located in Section 27, Township 19
South, Range 26 East, in the City of Tavares – Commission District 3, until the
Board Meeting of May 24, 2005.
VACATION
PETITION NO. 1047 – AMANTHA MUSSELWHITE – TAVARES
LAKE
JEM AREA
Mr.
Jim Stivender, Jr., Public Works Director, explained this request, stating that
it was a request by Amantha Musselwhite for approval to vacate a Drainage and
Utility Easement, in the Plat of Musselwhite Farms, in the Tavares/Lake Jem
area, south of Lake Dora. He stated that
there is no need for said Drainage and Utility Easement; therefore, staff was
recommending approval to vacate.
The
Vice Chairman opened the public hearing.
No
one was present in opposition to the request.
There
being no one present who wished to address the Board, the Vice Chairman closed
the public hearing.
On
a motion by Commr. Stivender, seconded by Commr. Cadwell and carried
unanimously, by a 4-0 vote, the Board approved Resolution No. 2005-57 - Petition No. 1047, by Amantha
Musselwhite, to vacate a Drainage and Utility Easement, in the Plat of
Musselwhite Farms, located in Section 3, Township 20, Range 26, in the
Tavares/Lake Jem area – Commission District 3.
VACATION PETITION NO. 1048 –
PENNBROOKE – LEESBURG AREA
Mr. Jim Stivender, Jr., Public Works
Director, explained this request, stating that it was a request by Pennbrooke,
Phase 1K, to vacate a portion of a Utility Easement, in the Plat of Pennbrooke,
Phase 1K, Units I and II, in the Leesburg area.
He stated that there is a house encroaching on the easement; therefore,
a portion of the easement that is not necessary, in that it is part of the
subdivision design, is being vacated. He
stated that staff was recommending approval to vacate.
The Vice Chairman opened the public
hearing.
No one was present in opposition to
the request.
There being no one present who wished
to address the Board, the Vice Chairman closed the public hearing.
On a motion by Commr. Cadwell,
seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board
approved Resolution No. 2005-58 - Petition No. 1048, by Pennbrooke, Phase 1K,
to vacate a portion of a Utility Easement, in the Plat of Pennbrooke, Phase 1K,
Units I and II, located in Section 19, Township 19, Range 24, in the Leesburg
area – Commission District 1.
PUBLIC
HEARINGS: REZONINGS (CONT’D.)
REZONING CASE
NO. PH38-05-5 – A TO R-1 – PHILIP MASTROSIMONE, JR.
STEVEN
J. RICHEY, P.A. – TRACKING NO. 40-05-Z
Ms.
Jennifer DuBois, Planner, Planning and Development Services, Growth Management
Department, explained this request, stating that the applicant was seeking to
rezone a ten acre parcel, presently zoned Agriculture and designated Urban
Expansion on the Lake County Future Land Use Map (FLUM), from A (Agriculture)
to R-1 (Rural Residential), for the creation of a single family residential
subdivision. She stated that the
property is located in the Lady Lake area, approximately three quarters of a
mile west of the intersection of Lake Griffin Road and Grays Airport Road. She stated that the applicant wishes to
develop the property at a maximum density of one dwelling unit per acre, which
is consistent with the one acre base density of the Urban Expansion land use
category, as well as the maximum allowable density of one dwelling unit per
acre of the requested R-1 zoning designation.
She stated that the parcel was rezoned from R-1 (Rural Residential) to A
(Agriculture) in November of 2000, but the applicant is now seeking to return
the property back to its original zoning classification. She stated that Policy 1-1.6A of the Lake
County Comprehensive Plan states that all residential developments within the
Urban and Urban Expansion areas are required to have central potable water
service. She stated that the Town of
Lady Lake has indicated that, at present, central utilities are unavailable in
the area of the subject parcel; therefore, a community well will be required to
serve the residents of the subdivision.
She stated that, as the requested density does not exceed four dwelling
units per acre, an interim wastewater system will not be required; however,
once a public system does become available in that area, the project will be
required to connect to the system. She
stated that staff finds the request to be consistent with the applicable
provisions of both the Lake County Land Development Regulations (LDRs) and the Lake
County Comprehensive Plan, therefore, are recommending approval of the request.
The
Vice Chairman opened the public hearing.
Mr.
Steve Richey, Attorney, representing the applicant, addressed the Board stating
that, as staff indicated, the parcel in question was rezoned from R-1 (Rural
Residential) to A (Agriculture), to allow the applicant to build a barn on the
property, before he built his house, noting that one cannot build an accessory
use of a barn in the R-1 zoning classification, without having a primary
structure in place. He stated that the
barn has been built and the applicant is now in the process of building his
house on the property, which he noted will become part of a ten acre
subdivision. He stated that the Board’s
backup material contained a Preliminary Plat showing the layout of the
property. He stated that there is a
problem with central services in the area, because the Town of Lady Lake has no
plans to extend central services into that area, for water or sewer, so the
applicant will be providing a private system to serve the subdivision.
Commrs.
Stivender and Pool disclosed, for the record, that they had spoken with the
applicant’s representative, Mr. Richey, regarding this case, prior to this
meeting.
No
one was present in opposition to the request.
There
being no one present who wished to address the Board, the Vice Chairman closed
the public hearing.
On a motion by Commr. Cadwell, seconded
by Commr. Pool and carried unanimously, by a 4-0 vote, the Board upheld the
Zoning Board’s recommendation of approval and approved Ordinance No. 2005-30 - Philip
Mastrosimone, Jr., Steven J. Richey, P.A., Rezoning Case No. PH38-05-5, Tracking
No. 40-05-Z, a request to rezone a ten acre parcel from A (Agriculture) to R-1
(Rural Residential), for the creation of a single-family residential subdivision,
as presented.
REZONING CASE NO. PH26-05-2 – A TO R-2
– JACK AMON/LAKE APOPKA
SOUND/JUNE
ENGINEERING CONSULTANTS, INC.
Ms. Jennifer DuBois, Planner, Planning
and Development Services, Growth Management Department, explained this request,
stating that the applicant was seeking to rezone a 61.05 acre parcel, which is
presently zoned A (Agriculture) and designated Urban Expansion on the Lake
County Future Land Use Map (FLUM), to R-2 (Estate Residential), for the
creation of a single family residential subdivision. She stated that the property is located in
the Clermont/Montverde area, immediately south of Lake Apopka, north of the
Florida Turnpike, and just west of the Orange County line. She stated that the preliminary subdivision
plan submitted by the applicant reveals that it is a multi-jurisdictional
project. She stated that, in addition to
the 61.05 acres located within Lake County, approximately 10.71 acres of the
proposed subdivision are located within Orange County. She stated that, as the Lake County acreage
is bounded by Lake Apopka to the north, a substantial non-isolated forested
wetland system to the west, and Florida’s Turnpike to the south, the Orange
County section would provide the sole means of access to the subdivision. She stated that the applicant has been
informed that a paved access approved by both Orange County and Lake County
shall be required. She stated that the
applicant has obtained a total of 40 points, through the use of the Urban Area
Residential Density Chart, which corresponds to a maximum allowable density of
3.5 dwelling units per acre for the Lake County portion of the project,
however, noted that Section 3.03.02(F)(1) of the Lake County Land Development
Regulations (LDRs) stipulates that, if the requested zoning district density,
which in this case is two dwelling units per acre, is greater than the point
system density, the maximum allowable density shall comply with that of the
zoning district. She stated that Policy
1-1.6A of the Lake County Comprehensive Plan states that all residential
developments within Urban and Urban Expansion areas are required to have
central potable water service, with sanitary sewer service mandatory, if the
project exceeds four dwelling units per acre, if the soils on the property are
unable to support septic tanks, or if the site lies within an approved sewer
service area. She stated that, likewise,
the subject parcel’s location within the Lake Apopka Basin mandates connection
to central water and sewer, where available, in accordance with Section 6.15.05
of the LDRs.
Ms. DuBois stated that communication
between staff and the Town of Oakland, the Town of Montverde, and the City of
Clermont has yielded information that central sewer service is presently
unavailable, but that potable water may potentially be supplied by either the
Town of Oakland, or the Town of Montverde, however, noted that both the
Planning Director for the Town of Oakland and the Clerk for the Town of
Montverde have emphasized that they have not participated in any formal
negotiations with the applicant, to date; therefore, further communication
between the applicant and the two municipalities would be necessary, during the
preliminary planning stage, to establish whether the project would be served by
a public water system, or whether a community well will be required. She stated that, once a public system becomes
available to serve the project, the development will be required to connect to
the system. She stated that, in
addition, a staff conducted GIS analysis shows that wetlands comprise
approximately 9.65 of the subject parcel’s 61.05 acres and that roughly 10.25
acres are located within the 100 year floodplain; therefore, the applicant
shall be required to comply with all wetland and floodplain protection policies
established in the LDRs and the Comprehensive Plan. She stated that staff finds the desired use
to be consistent with all other provisions of the LDRs and the Comprehensive
Plan, therefore, is recommending approval of the request.
Commr. Cadwell referred to the Minutes
of the Zoning Board, noting that they indicate the School Board has some
concerns about the request and questioned whether specifics about when new schools
for that area will be coming on line were addressed and was informed by Ms.
DuBois that they were not. He stated
that the County is looking at an elementary school that is 102% over capacity,
a middle school that is 41% over capacity, and a high school that is 43% over
capacity.
Commr. Pool interjected that a charter
school, with 700 proposed student stations, located on Hartwood Marsh Road, has
broken ground and they are anticipating an August opening date.
It was noted that there will be some
clustering in the area and that the wetlands will have to be set aside as a
conservation easement, which, in all likelihood, will be dedicated to the
homeowners association, or another entity, ensuring that they will be
preserved.
The Vice Chairman opened the public
hearing.
Mr. Randy June, June Engineering
Consultants, Inc., addressed the Board stating that he was representing the
applicant and would be happy to answer any questions there might be. He discussed the fact that the applicant is
having to deal with the issue of schools, septic limitations, water being
provided to the site, and other development constraints.
Upon being questioned by Commr. Cadwell
regarding the issue of utilities, Mr. June stated that there have been
preliminary discussions with the Town of Oakland for June Engineering to
improve their water plant and then they will be more than happy to supply water
to the proposed development.
Ms. Cynthia Barrow, a resident of the
City of Clermont, addressed the Board stating that she has a son that attends
Pine Ridge Elementary and that she is a member of a new group that has been formed,
VOICE (Voters Organization Involved in Children’s Education), which is in its
sixth week, currently has a membership of over 200 people, and will soon have a
non-profit status. She stated that her
group has been working with the Clermont City Council, which has developed a growth
resolution that will be introduced to the Lake County School Board, in a joint
workshop, on May 17, 2005. She stated
that the growth resolution is only one step in a much needed process of all
levels of government coming together, with regard to the County’s growth
problem and the severe overcrowding of its schools. She stated that the School Board is currently
in disarray, which has delayed getting the County’s schools built in a timely
manner, a lot of which has to do with what everybody has been reading in the
press – the current inability of the School Board to work with the
Superintendent of Schools. She addressed
the issue of impact fees, noting that they may cover bricks and mortar, but
they do not cover the hiring of teachers, support service personnel, books,
etc. She stated that each development
that is approved by the Board, even though it may be a small development, has a
cumulative effect on the County’s schools, which she elaborated on, noting that
the County is in a dire situation. She stated
that the capacity of Pine Ridge Elementary went from 1,100 to 1,300 students
and the school recently had a situation, due to needed infrastructure not being
available, that created some health and safety concerns for the students. She stated that the Board needs to work with
the Superintendent of Schools and the School Board, to find out where they are
with proposed projects and what the County can do to address the overcrowding situation
in the schools.
Commr. Stivender informed Ms. Barrow that
it is very difficult to get the Board of County Commissioners and the School
Board together and it is very hard for the Board to balance the property rights
of citizens who come before them versus what the School Board does, because
they have no authority over the School Board.
She stated that the Board has tried to do what it can about the school
situation, noting that they continue to talk to the School Board and try to
work with them.
Ms. Barrow stated that VOICE would like
to see a joint workshop take place between the Board of County Commissioners
and the School Board and was informed that there have been many such workshops.
Commr. Pool stated that the County
Attorney and the attorney for the School Board recently came up with an idea,
which was presented to the School Board, being that, if a developer agrees to
prepay the impact fees, or pay for them over time, it becomes a taxable item on
the tax rolls and they can then borrow money for the entire project. He stated that, instead of having a piecemeal
approach to the situation, where the County would get $7,055 here and maybe get
the next payment a month later, it would put the whole thing on the tax rolls
and create a bondable opportunity to have the schools built, as necessary.
Commr. Hanson interjected that what it
does is provide those dollars that will then free up other dollars for the
School Board to use.
Ms. Barrow stated that the bricks and
mortar need to be in place, by the time the proposed subdivisions are built,
and was informed by Commr. Pool that that is what the new rule will do, should
the developers choose to go along with it.
Mr. Sandy Minkoff, County Attorney,
stated that it will speed up the collection of impact fees, however, was not
sure whether it would lead to new schools being constructed before subdivisions
are built.
Ms. Barrow questioned what VOICE could
do about the situation, noting that they are a voting block and want to have
their voices heard. She stated that it
is a group of parents and grandparents that are extremely concerned about the County’s
school situation, which they consider to be a dire one.
It
was noted that all this Board can do is urge the School Board to keep moving
forward.
Commr. Cadwell stated that people need to
get on line with the Legislature, noting that the Growth Management Bill is
moving very quickly and there is some concurrency language in that Bill that
will scare some people to death, however, noted that it may please some others. He stated that VOICE can continue to remind
the Board that the County needs student stations, but Tallahassee is where the
real money is, when one speaks about staffing and those types of things. He stated that the Board can do everything it
can to work with the School Board and have as high impact fees as is legal, to
try to help them financially, but the pace is what the current problem is. He stated that the School Board is always
going to be in a situation where it is a little behind, but not 102% over
capacity. He stated that being 10-15%
over capacity is probably the best that the County can ever hope for, noting
that the only way to stop being 102% over capacity is for the Board to say
“No”.
Commr. Hanson stated that the Board also
needs VOICE’s help with the Legislature in protecting impact fees at the local
level. She stated that she feels the
Board needs to look at how many children attend Lake County schools that do not
live in the County, noting that she recently discovered approximately 200
students attend Round Lake Elementary that live in Orange County. She stated that the Board has not been given
those facts in the past and she feels sure it is happening all over the County.
Ms. Sheri Boam, a resident of Clermont
and a member of VOICE, addressed the Board stating that she has two sons that
attend Lost Lake Elementary and that they are two of approximately 1,400
children that are stuffed into a school that was built for 957 students. She stated that she did not want to belittle
the school, noting that it is a wonderful school, with excellent teachers, but
she is concerned about the overcrowded situation at the school. She stated that she was before the Board this
date to talk to them not only about this case, but all such cases in south Lake
County, and the fact that all the schools in south Lake County are in crisis,
noting that next year Lost Lake Elementary’s student population is projected to
be 1,600. She asked the Board to be on
the side of the children, because they are the future of south Lake County,
and, by the Board approving additional subdivisions over and over again, their
education is being compromised. She
submitted, for the record, a list (Opposition’s Exhibit A) indicating the
projected student population throughout Lake County for the 2005/2006 year, compared
to what it was for the 2004/2005 year, which she reviewed with the Board,
noting that said list was published in The Orlando Sentinel in January of this
year and it is already out of date. She
stated that their source was the School Board, at which time she noted that the
list does not include future approvals - what has already been approved and not
yet built.
Ms. Boam stated that she attended the
Clermont City Council Meeting and heard applicants tell the Council that, if
they did not approve their request, they would take it before the Board of
County Commissioners and it would be approved and at a higher density. She stated that the Board is allowed to say
“No”. She stated that, ideally, VOICE
would love to have concurrency, but, until such time as that legislature goes
through, which she feels it eventually will, the Board has to say “No”, or they
have to start asking those people that are requesting approval of their
requests to provide the extra student stations that are needed. She stated that, for one to live in Lake
County and not know that impact fees do not cover the cost of new student
stations, one has to have had plugs in their ears and a bag over their head,
noting that everybody knows that impact fees do not cover said costs. She stated that, unless south Lake County is
allowed to stop and catch its breath, the overcrowding of its schools is going
to be a continuing problem. She stated
that she would hope the Board would make the right decision and say “No”.
There being no further individuals who
wished to address the Board, the Vice Chairman closed the public hearing.
Commr. Cadwell urged the Board not to
approve this request at this time.
Commr. Pool stated that, obviously,
there is a situation in south Lake County and the County is playing catch up,
as it moves forward, unfortunately, every school, on a continuing basis, based
on the rules of the road, will be to capacity and beyond at every opportunity,
because the State will not allow new schools to be built until the other schools
are at and beyond capacity, and then, when the new schools are built, they have
to absorb that capacity completely – the State will not allow a vacant school
to be built. He stated that they are
trying to change that, to where schools can be built beyond capacity, so that
the students can grow into them. He
suggested that this request be denied, without prejudice, to allow the new
schools to come on line and absorb the capacity, which will slow down the
process, but not eliminate the opportunity.
It was noted that the applicant will be
able to come back before the Board after one year, if the circumstances have
changed, should the Board deny this request, without prejudice.
Commr. Hanson reiterated the fact that
she would like for the Board to have an accounting from the School Board of how
many children attend school in Lake County that live in other counties. She stated that she would not be voting in
favor of this request, because she feels it needs to be a PUD (Planned Unit
Development), and she feels the County’s LDRs need to require clustering as
much as possible, for the small developments, as well as the large ones.
It was noted that the Board needs to
obtain a list of those students that attend schools out of their zones, as
well.
Commr. Stivender stated that the Board
needs to come up with a number that they can all agree on, for requiring a PUD,
noting that that discussion has been going on in the County for approximately
30 years, and it is not fair to those developers that bring their requests
before them for approval.
Commr. Hanson stated that a PUD used to
be required for every development over 50 acres.
Commr. Stivender stated that now would
be the best time to determine said number, while the County is redoing its
Comprehensive Plan.
Mr. June readdressed the Board stating
that it is very frustrating to a developer that has gone through the process
that the County has in place and has met all the requirements, to be told at
the eleventh hour that he does not meet one requirement that has not been
defined to him until fifteen minutes ago - that the Board is going to take the
position that they are going to deny projects on the basis of school
capacity. He stated that, in fairness to
the development community, the County needs to define a set of rules for them
to go by, with regard to said issue. He
stated that he would like to postpone this case for 30 days, in order to
generate more information, noting that he does not feel the information
contained in the report that was submitted to the Board is correct, or to
withdraw his application.
Mr. Minkoff, County Attorney, stated
that the LDRs would allow the applicant to withdraw his request this date, with
Board approval, but that, once he withdraws it, he would have to reapply with a
new application and go through the entire process again.
Mr. June stated that he would like to withdraw
his request.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved
the withdrawal of Rezoning Case No. PH26-05-2, Jack Amon/ Lake Apopka Sound/June Engineering
Consultants, Inc., Tracking No. 32-05-Z, a request to rezone from A
(Agriculture) to R-2 (Estate Residential), for the creation of a single family
residential subdivision, as requested by the applicant.
REZONING
CASE NO. PH31-05-4 – A TO R-3 – DENISE ROBINSON AND
NATHAN KORLIKER – TRACKING NO. 44-05-Z
Ms. Jennifer DuBois, Planner, Planning
and Development Services, Growth Management Department, explained this request,
stating that the applicants are seeking to rezone a five acre parcel from A
(Agriculture) to R-3 (Medium Residential), for the creation of a single family
residential subdivision. She stated that
the property is located in the Eustis area, west of the intersection of S. Fish
Camp Road and Donovan Lane. She stated
that potable water will be supplied by the City of Eustis, while sanitary
disposal will be achieved via individual septic tanks. She stated that the applicant has obtained a
total of 35 points, through the use of the Urban Area Residential Density
Chart, which corresponds to a maximum allowable density of 3.5 dwelling units
per acre; however, as the requested zoning district density is less than that
of the point system density, the maximum allowable density shall comply with
the zoning district density of 3 dwelling units per acre. She stated that staff finds the desired use
is consistent with all other provisions of the Lake County Land Development
Regulations (LDRs) and the Lake County Comprehensive Plan, therefore, recommends
approval of the request.
Commr. Cadwell pointed out the need for
a correction on Page 3 of the Staff Report, under Item E., noting that East
Ridge High School should be changed to Eustis High School.
The Vice Chairman opened the public
hearing.
Mr. Paul Saca, representing the
applicants, addressed the Board to answer any questions there might be about
the case, stating that the applicants were out of town and not able to attend
this meeting. He stated that he was sure
the applicants would meet all the requirements necessary for their request to
be approved.
Commr. Stivender pointed out the fact that
the statistics shown in the Staff Report indicate that Treadway Elementary is
already 41% over capacity and that, if the Board approves this request, it will
further overpopulate said school. She
questioned why the Board would approve this request, with the schools in the
area already being overpopulated, when it would not approve the previous
request, which had the same type of circumstances, noting that the Board needs
to be consistent in their approval/disapproval of such cases. She stated that the County has got to come up
with a system that the general public can understand and not come before the
Board blind.
Ms. Mandy Bass, a resident of the area
in question, addressed the Board stating that she was not opposed to the
applicants doing what they want to do with their property, however, noted that
Deer Meadow Lane, which is in close proximity to her property, is nothing but
sand and, when it rains, the rain runs onto S. Fish Camp Road and practically
into her yard. She questioned whether the
applicants plan to buffer the property and put in a retention pond, in order to
alleviate the problem, and what type of ingress/egress they plan to have, for
accessing the property – whether they plan to ingress/egress off of Deer Meadow
Lane or S. Fish Camp Road.
It was noted that the project has not gone through the
development review process yet, but that the development review staff will be
informed about Ms. Bass’s concerns.
Ms. DuBois stated that the only thing the Public Works
Department indicated in their comments is that the dedication of additional
right of way on S. Fish Camp Road shall be required, which she noted will be
handled during the time of platting.
There being no further individuals who
wished to address the Board, the Vice Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded
by Commr. Pool and carried, by a 3-1 vote, the Board upheld the recommendation
of the Zoning Board and approved Ordinance No. 2005-31, Denise Robinson and Nathan Korliker,
Rezoning Case No. PH31-05-4, Tracking No. 44-05-Z, a request to rezone a five
acre parcel from A (Agriculture) to R-3 (Medium Residential), for the creation
of a single family residential subdivision, as presented.
Commr.
Stivender voted “No”.
REZONING CASE NO. PH30-05-2 – R-1 TO
R-4 – LEONARD H. BAIRD, JR.,
TRUSTEE/CECELIA
BONIFAY, ESQUIRE – TRACKING NO. 47-05-Z
Ms. Jennifer DuBois, Planner, Planning
and Development Services, Growth Management Department, explained this request,
stating that the applicant is seeking to rezone a 19.71 acre parcel, which is
presently vacant, from R-1 (Rural Residential) to R-4 (Medium Suburban
Residential), for the creation of a single family residential subdivision. She stated that potable water will be
supplied by Lake Utilities, Inc., while sanitary sewer service will be
furnished by the City of Clermont. She
stated that, through the use of the Urban Area Residential Density Chart, the
applicant has obtained a total of 38 points, which corresponds to a maximum
allowable density of 3.5 dwelling units per acre, however, noted that, as the
requested zoning district density, which in this case is four dwelling units
per acre, is greater than that of the point system density, the maximum
allowable density shall comply with the point system density, so it will be
capped at 3.5 dwelling units per acre.
She stated that staff finds this request to be consistent with all other
provisions of the Lake County Land Development Regulations (LDRs) and the Lake
County Comprehensive Plan, therefore, issues a recommendation of approval.
Commr. Pool addressed the concern that
the Board has about developments being approved in areas where the schools are
already above capacity, reiterating the fact that the County needs to come up
with a consistent plan, with regard to zoning requests. He stated that he has always tried to support
reasonable lower densities and questioned whether the intent of the applicant
is to build the property in question out at 3.5 dwelling units per acre, or
whether it is the applicant’s intent to end up with 2 to 2.5 dwelling units per
acre.
Ms. DuBois stated that, since the
request is to rezone the property to a straight residential category, the applicant
was not required to have a pre-submittal conference with the development review
staff, so a conceptual plan has not yet been submitted.
Commr. Cadwell stated that the State
has a number that allows a school to enlarge, when it gets to a certain capacity,
and staff needs to find out what that number is, noting that he feels that is
where the County should start.
Commr. Pool interjected that it is
obvious, when a school is at 102% over capacity, that a new school should automatically
be under construction to handle the overcrowded situation, but that is not what
is happening.
The Vice Chairman opened the public
hearing.
Mr. Chris Roper, Attorney, Akerman,
Senterfitt, representing the applicant, addressed the Board and displayed an
aerial (Applicant’s Exhibit A) of the property in question, which he reviewed
with the Board and submitted, for the record.
He stated that the zoning classifications for the surrounding properties
are a classic example of infill, noting that they go from R-3 to R-4 to
R-6. He stated that the applicant is requesting
an R-4 zoning, rather than an R-3, because the bonus density point system,
based on the Lake County Code, allows the applicant up to 3.5 dwelling units
per acre, however, noted that the applicant will more than likely construct 2.2
to 2.5 dwelling units per acre. He
stated that the County is currently in the process of putting together some
land development codes for the Joint Planning Area (JPA) with the City of
Clermont and this property happens to be in that JPA. He stated that, as far as the situation
involving the schools is concerned, he spoke with Mr. Harry Fix, AICP,
Director, Growth Planning Department, Lake County Schools, about the request
and, based upon the 3.5 dwelling units per acre density for the 20 acre project,
it would equate to approximately 70 lots, which will yield approximately 21
additional students, beyond what would already be allowed by the R-1 zoning,
that would be spread out between the elementary, middle, and high schools, as
follows: nine additional elementary school students, five additional middle school
students, and seven additional high school students. He stated, however, that the impacts of the
property will not occur until the year 2007 and, based upon his discussions
with Mr. Fix, there should be 934 new elementary school student stations
available by August 1, 2007. He stated
that the same pertains to the middle and high schools in the area, the only
difference being that the middle school is not supposed to have additional
student stations until August of 2008, but it will be 1,400 new student
stations. He stated that the point he
was trying to make was that the impacts of the proposed development will not
occur until there are additional student stations available, per the
projections he obtained from Mr. Fix, with the Lake County School System.
The Vice Chairman opened the public
hearing.
Ms. Sheri Boam, a resident of the City
of Clermont and a member of VOICE ((Voters Organization Involved in Children’s
Education), readdressed the Board and voiced the same concerns that she had
voiced regarding a previous request, dealing with the approval of proposed
developments, as they relate to the issue of many of the County’s schools being
overcapacity. She asked the Board to
call the Principal of Pine Ridge Elementary, the school that she feels will be
the most impacted by the additional students that will be generated by the
proposed subdivision, and ask her where she is going to put any additional
students, noting that she does not think she has a single space for them.
Commr. Pool stated that the property in
question is a very small parcel and, at 2.3 dwelling units per acre, will only
generate 11 more students than what is currently there. He also noted that the property is infill, so
there is not going to be a lot that will happen around that particular site.
Ms. Boam stated that one more student
in a school that is already overcapacity is one more too many.
Commr. Pool stated that not one single school
district or county is every going to have the perfect scenario, where the
schools are not overcrowded, unless people start leaving the area.
Ms. Boam stated that the Board will
hear more from the members of VOICE, noting that they will be before the Board
consistently, to remind them about the County’s school situation.
It was noted that the Board hopes VOICE
will attend the School Board meetings on a regular basis, as well, in that it
takes parents to get things done. They
were thanked for bringing forth some positive recommendations.
Ms. Cynthia Barrow, a resident of the
City of Clermont and a member of VOICE (Voters Organization Involved in
Children’s Education), readdressed the Board, as she did for a previous case,
stating that there needs to be some follow up and accountability of exactly
where the school projects are, at which time she noted that the Minneola site
has sand skinks, which is a very large problem, in that it may take as much as
two years for them to be removed, in the fashion in which they are supposed to
be removed. She stated that there are a
lot of problems with other school sites and their development, as well. She informed the Board that the Principal of
Pine Ridge Elementary, the school that her son attends, does not know how she
is going to handle any additional students, noting that she is stretched to her
limit and very, very stressed. She
stated that the school started out this year with 1,100 students and it now has
a population of 1,200 students, and it is going from 17 co-teaching classrooms
to 22 next year. She then addressed the
issue of co-teaching and the dire situation that the schools in Lake County are
in at the present time.
There being no further individuals who
wished to address the Board, the Vice Chairman closed the public hearing.
Commrs. Hanson and Pool disclosed, for
the record, that they had spoken with Mr. Mark Oswalt, regarding this case,
prior to this meeting.
Commr. Stivender stated that she agreed
that the property involved is infill, however, noted that she was going to be consistent
with her last vote and vote against this request.
Commr. Hanson stated that she also
agrees that the property is infill, but that she feels the impact is demenemous,
which is something that the Board needs to look at for each case. She stated that this request is different
from a previous request that the Board had voted against, in that this request
involves infill, where the other one did not, and this parcel is much smaller
than the other parcel.
Commr. Pool stated that it appeared the
vote was going to be 2-2, therefore, felt the right thing for the applicant to
do would be to withdraw or table the request.
He stated that the key is to make sure that, as the other schools are
brought on line, the 11 student stations are accounted for. He stated that he did not feel the County
could ask for a better project than 2.3 dwelling units per acre on the site in
question, noting that, as he looks at the scheme of things, it is important for
the future to put the right density in the right place. He stated that, what he does not want to see
happen is that, in three to five years, things change and these projects become
potential apartment complexes, etc. He
stated that he wants to keep the density low and this Board has the opportunity
to do that, although it was not going to happen this date.
Commr. Hanson stated that she feels the
inconsistency, from the Board’s perspective, is that they approve large scale
land use amendments and then deny a small project, such as this one. She stated that the Board has voted for many
large scale developments that will be coming on board soon and that is where
the discrepancy comes in.
Commr. Pool referred to the letter from
Mr. Harry Fix, with the Lake County School System, and questioned whether the
school capacity percentages that they indicated in said letter pertained to the
region or zone that the children will attend, as it pertains to one of the
previous requests, in that both requests indicated overcapacity percentages for
the same elementary school, but each one indicates different figures. He stated that he was also trying to be
consistent with his vote and that he wants to make sure that there is at least
dialogue and discussion, as the they go forward, with what the Board will and
will not do and how they can ensure that the developers coming forward will
have some of that information, before they waste their time coming before the
Board.
Mr. Roper requested approval to
postpone this request for 30 days, pending his research of Commr. Pool’s
question regarding the school zones.
On a motion by Commr. Pool, seconded by
Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to
postpone Rezoning Case No. PH30-05-2, Leonard H. Baird, Jr., Trustee/Cecelia Bonifay, Esquire,
Tracking No. 47-05-Z, for 30 days, until the Board Meeting of May 24, 2005.
REZONING CASE NO. PH29-05-1 – A TO C-1
– WILLIE AND BIRDIE MITCHELL TRACKING NO. 37-05-Z
Mr. Rick Hartenstein, Senior Planner,
Planning and Development Services, Growth Management Department, explained this
request, stating that it was a request to rezone a 3.8 acre parcel located in
the Leesburg area, north and west of the intersection of CR 44 and Radio Road, from
A (Agriculture) to C-1 (Neighborhood Commercial District), to allow the
applicants to market the property at its highest and best use. He stated that the property is located in a
Neighborhood Activity Center, as depicted on the Future Land Use Map of Lake
County, on CR 44, which is designated as a collector road, at the intersection
of Variety Tree Road, which is a local road.
He stated that the request is consistent with Lake County’s Land
Development Regulations (LDRs), as seen in Chapter 3, Section 3.00.03, which
permits C-1 (Neighborhood Commercial) within the Commercial Activity Center,
and with the Lake County Comprehensive Plan, as seen in Policy 1-3A.1(3)
Neighborhood Activity Center. He stated
that, based on the findings of fact, staff recommends approval of the request.
The Vice Chairman opened the public
hearing.
No one was present in opposition to the
request.
There being no one present who wished
to address the Board, the Vice Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded
by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board upheld the
recommendation of the Zoning Board and approved Ordinance No. 2005-32 - Willie and Birdie Mitchell, Rezoning Case No. PH29-05-1, Tracking
No. 37-05-Z, a request to rezone a 3.8 acre parcel of property from A
(Agriculture) to C-1 (Neighborhood Commercial District), to allow the
applicants to market the property at its highest and best use, as presented.
REZONING CASE NO. PH32-05-3 – AMEND
LANGUAGE IN PUD ORDINANCE
NO. 2003-38 – GRASS ROOTS AIRPARK
PROPERTIES, INC./DAVID GAY
TRACKING NO. 43-05-PUD/AMD
Mr. Rick
Hartenstein, Senior Planner, Planning and Development Services, Growth
Management Department, explained this request, stating that the owner/applicant
wishes to amend the language in PUD Ordinance No. 2003-38, to allow the keeping
and grazing of horses as a permitted use on Grass Roots Airpark Sub Lot 3A
only; to allow the accessory structure or structures necessary for their
keeping to be built, prior to the construction of the principal residence on Sub
Lot 3A; and to permit an airplane hanger to be built on Lot 3, across the road
from Sub Lot 3A, which gives access to the runway area for the airpark, where
the hanger will be built, allowing the owner/applicant to store his airplane
there. He stated that staff has reviewed
the request and has found it to be consistent with the Lake County Land
Development Regulations (LDRs) and the Lake County Comprehensive Plan and comes
forward with a recommendation of approval.
He stated that the request pertains to a PUD that was approved in 2003
for a 104 acre site, located north of Mascotte, off of CR 33 and Indigo
Road. He stated that the request has
gone through the platting process, to plat the residential area, which is
surrounded by agriculture. He stated
that the gentleman that is interested in purchasing said property wants to have
horses and, because the lot is separated by a road and is more towards the
agricultural side, it would not be in conflict with the airpark that is
currently under site plan review, to cause a safety hazard involved with any of
the private planes that would be landing at the airpark at some point, noting that
it is a residential flying community in the Rural land use. He stated that the Zoning Board recommended approval
of the request, by a 5-0 vote.
Commr.
Cadwell questioned whether this request was a way for the owner/applicant to
get around deed restrictions involving the property and was informed by Mr.
Hartenstein that that was not the case.
The Vice Chairman opened
the public hearing.
No one was present in
opposition to the request,
There being no one
present who wished to address the Board, the Vice Chairman closed the public
hearing.
On a
motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously,
by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and
approved Ordinance No. 2005-33 - David
Gay/Grass Roots Airpark Properties, Inc., Rezoning Case No. PH32-05-3, Tracking
No. 43-05-PUD/AMD, a request to amend the language in PUD Ordinance No.
2003-38, to allow the keeping and grazing of horses as a permitted use on Grass
Roots Airpark Sub Lot 3A only; to allow the accessory structure or structures
necessary for their keeping to be built, prior to the construction of the
principal residence on Lot 3A; and to permit an airplane hanger to be built on
Lot 3, prior to the principal residence being constructed on Lot 3A, as
presented.
REZONING CASE NO. CUP05/4/2-4 – CUP IN
A – FDEP PARKS AND
RECREATION/ROCK SPRINGS RUN STATE
RESERVE/MICHAEL KINNISON,
PARK
PLANNER – TRACKING NO. 33-05-CUP
Mr. Rick
Hartenstein, Senior Planner, Planning and Development Services, Growth
Management Department, explained this request, at which time he distributed to
the Board, for their perusal, an updated copy of the Ordinance, noting that the
copy of the Ordinance contained in the Board’s backup material was a draft of
the Ordinance and not what went before the Zoning Board. He stated that the Staff Report addresses a
concern regarding the adequacy of fire protection for the bed and breakfast
inn, at which time he distributed a packet (County Exhibit A) of information,
containing a letter from Mr. Alan Matthews, F.P.S., State Fire Marshal’s
Division, Orlando/Fire Prevention, to Mr. Michael J. Kinnison, AICP, Park
Planner, Office of Park Planning, Tallahassee, Florida, dated April 11, 2005, indicating
that they inspected the site and feel that adequate facilities are in place, as
well as letters from various other agencies regarding the matter.
Commr.
Hanson disclosed, for the record, that she had spoken with representatives of
the Florida Department of Environmental Protection’s Rock Springs Run State
Reserve prior to this meeting.
Mr.
Hartenstein continued to explain the request, stating that the park is owned by
the Florida Trust for Public Lands and that the request is to allow a bed and
breakfast inn and equestrian concession facilities in existing facilities
already on the property. He stated that a
single family residence (ranch home) that was located on the property when the
State purchased it became part of the Reserve.
He stated that there are barns at the Rock Springs Reserve, where the
FDEP would like to have an equestrian concession, noting that one would be able
to rent the horses and take them on guided horse trail rides, etc. in the
park. He stated that the property is
currently zoned A (Agriculture); the future land use is Public Resource Lands;
and the CUP (Conditional Use Permit) would encompass approximately 500
acres. He stated that the single family
residence is on an individual well and septic tank and the proposed CUP is
consistent with the general purpose, goals, objectives, and standards of the
Lake County Land Development Regulations (LDRs) and the Lake County
Comprehensive Plan. He stated that the
Code of Ordinances of Lake County, as seen in LDR Subsection Table 3.01.03,
allows for a bed and breakfast inn, as a conditional use within the
Agricultural zoning district, and Subsection 7.00.04.B.5 allows for the
keeping, grazing and feeding of horses within the Wekiva River Protection
Area. He stated that the request is in
compliance with all other applicable provisions of the LDRs and, in addition,
Policy 1-20.15 of the Comprehensive Plan states that agriculture is recognized
as a legitimate and productive use of land within the Wekiva River Protection
Area.
Mr.
Hartenstein stated that the conditional use will not have an undue adverse
effect upon adjacent properties and the use is compatible with the existing and
planned character of the area in which it is located. He stated that verification with the Lake
County Code Enforcement Division has revealed that no complaints or Code
violations have been filed against the subject property. He stated that the adequacy of fire
protection is a concern for the bed and breakfast, at which time he noted that
the letter (contained in a packet of information submitted as County Exhibit A)
he submitted to the Board earlier in the meeting, from the State Fire
Marshall’s Office, addressed some of that concern. He noted, however, that staff, as part of the
Ordinance, is requiring that a stabilized road surface twenty (20) feet wide,
capable of supporting up to thirty-two (32) tons, for emergency vehicle
response, be provided from a paved road access point to the bed and breakfast
inn, which will be addressed during site plan review and approval, if this CUP
is approved. He stated that the closest
paid fire station is Station 39, which is approximately 8.5 miles from the
site, with an estimated response time of 6 to 12 minutes, however, noted that
there would also be a reciprocal response from Seminole County, if need
be. He stated that there appears to be
no environmental constraints that would preclude the approval of this use. He stated that the County received one letter
of opposition, which was submitted to the Board, for their perusal. He stated that the Zoning Board recommended
approval of the request and staff recommends approval, as well, with
conditions, as set forth in the Ordinance.
The Vice
Chairman opened the public hearing.
No one
was present in opposition to the request.
There
being no one present who wished to address the Board, the Vice Chairman closed
the public hearing.
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and
approved Ordinance No. 2005-34 – FDEP
Parks and Recreation/Rock Springs Run State Reserve/Michael Kinnison, Park
Planner, Rezoning Case No. CUP05/4/2-4, Tracking No. 33-05-CUP, a request for a
CUP in A (Agriculture), to allow for a bed and breakfast inn and equestrian
concession facility, as presented, with conditions, as set forth in the
Ordinance.
REZONING CASE NO. PH39-05-3 – AMEND CP ORDINANCE NO.
43-82
ADALBERT
RIOS/STEVEN J. RICHEY, P.A. – TRACKING NO. 41-05-CP/AMD
Mr.
John Kruse, Senior Planner, Planning and Development Services, Growth
Management Department, explained this request, stating that it was a request to
amend CP Ordinance No. 43-82, to include vehicular sales, vehicular detailing,
and professional office uses. He stated
that the current ordinance permits the site to be used for a church, noting
that, prior to this ordinance, the site was under Ordinance No. 13-81, that
designated the use of the site to be used for mini-warehouses, car rental, and
car sales. He stated that the proposed
use is consistent with uses in the area and the historical uses of the
site. He stated that, under Table
3.01.03 of the Lake County Land Development Regulations (LDRs), the requested
uses are permitted in the CP zoning designation. He stated that the parcel is located in the
Urban land use category, and CP zoning is an allowed designation in this
category. He stated that staff reviewed
the Lake County Comprehensive Plan and the Lake County Land Development
Regulations and supports the applicant’s request for the amendment, noting that
it is a redevelopment of the Old U.S. Hwy. 441/Alfred Street corridor. He stated that the Zoning Board recommended
approval, by a 5-0 vote, and staff recommends approval, as well, with conditions,
as set forth in the Ordinance.
During
an earlier case, Commrs. Stivender and Pool disclosed, for the record, that
they had spoken with the applicant’s representative, Mr. Richey, regarding this
case, prior to this meeting.
The
Vice Chairman opened the public hearing.
No
one was present in opposition to the request.
There
being no one present who wished to address the Board, the Vice Chairman closed
the public hearing.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and
approved Ordinance No. 2005-35 - Adalbert Rios/Steven J. Richey, P.A.,
Rezoning Case No. PH39-05-3,Tracking No. 41-05-CP/AMD, a request to amend CP
Ordinance No. 43-82, to include the use of a .83 acre site for vehicular sales,
vehicular detailing, and/or professional offices, as presented, with
conditions, as set forth in the Ordinance.
REZONING
CASE NO. CUP05/4/1-5 – CUP – HARBOR HILLS DEVELOPMENT,
L.P./STEVEN
J. RICHEY, P.A. – TRACKING NO. 42-05-CUP
Mr.
John Kruse, Senior Planner, Planning and Development Services, Growth
Management Department, explained this request, stating that the owner is
requesting a Conditional Use Permit (CUP) for an RV and boat storage facility on
4.33 acres that is located in the R-1 (Rural Residential) zoning district. He stated that said property is located
across the street from the Harbor Hills PUD and will only be used by the residents
of Harbor Hills. He stated that, under
Section 3.01.02 of the Lake County Land Development Regulations (LDRs), the
storage of RVs and boats would fall in the land use classification of “Truck
Yard” and, under Table 3.01.03 Schedule of Permitted and Conditional Uses
of the LDRs, “Truck Yards” are only permitted in the CP, LM, HM, MP zoning
districts and with a CUP in A (Agriculture); therefore, staff was recommending
denial of the request. He noted that the
Zoning Board recommended approval of the request, by a 5-0 vote.
Commr.
Cadwell stated that the parcel in question cannot be seen from the road and
feels that it would be an ideal place for the residents to store their RVs,
etc. He stated that there is a time
frame involved with the CUP, so it will go away in three years.
It
was noted that a landscape buffer will be installed on the property, as well.
During
an earlier case, Commrs. Stivender, Pool, and Cadwell disclosed, for the
record, that they had spoken with the applicant’s representative, Mr. Richey,
regarding this case, prior to this meeting.
The
Vice Chairman opened the public hearing.
Mr.
Steve Richey, Attorney, representing the owners, Harbor Hills Development,
L.P., addressed the Board stating that this was a request to temporarily store
RVs and boats on the property in question, for no longer than three years, tied
specifically to the residents of Harbor Hills.
He stated that the owners are requesting a CUP, because the RVs are
currently stored on the south end of the property, where the residents have
asked to have softball fields constructed.
He noted that the site is less visible to the residences and the
residents will have easier access to the RVs and boats, without having to drive
through the subdivision to get to them.
No
one was present in opposition to the request.
There
being no further individuals who wished to address the Board, the Vice Chairman
closed the public hearing.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 4-0 vote, the Board upheld the recommendation of the Zoning Board and approved
Ordinance No. 2005-36 - Harbor Hills
Development, LP/Steven J. Richey, P.A., Rezoning Case No. CUP05/4/1-5, Tracking
No. 42-05-CUP, a request for approval of a Conditional Use Permit, to permit RV
and boat storage on a 4.33 acre parcel, for use by the residents of Harbor
Hills, as presented.
REZONING
CASE NO. PH37-05-3 – R-1 TO MP – GARY AND CAROL SCHERB
STEVEN
J. RICHEY, P.A. – TRACKING NO. 39-05-MP
Mr.
John Kruse, Senior Planner, Planning and Development Services, Growth
Management Department, explained this request, stating that it was a request to
rezone a .52 acre parcel from R-1 (Rural Residential) to MP (Planned
Industrial), for warehouses, mini-warehouses, professional offices, personal
care services, research services, vehicle storage, or consumer services and
repair. He stated that the uses are
consistent with uses in the area and that, under Table 3.01.03 of the Land
Development Regulations (LDRs), the requested uses are permitted in the MP
zoning designation. He stated that the
parcel is located in the Urban land use category and an MP zoning is an allowed
designation in this category, at which time he noted that the parcel is presently
surrounded on three sides by heavy industrial uses. He stated that the Lake County Comprehensive
Plan supports the applicant’s request for the amendment, and redevelopment of
the Old U.S. Hwy. 441/Alfred Street corridor is encouraged; therefore, staff
was able to support the applicant’s request, with conditions, as set forth in
the Ordinance. He noted that the Zoning
Board recommended approval of the request, as well, by a 5-0 vote.
Commrs.
Stivender and Pool disclosed, for the record, that they had spoken with the
applicant’s representative, Mr. Richey, regarding this case, prior to this
meeting.
The
Vice Chairman opened the public hearing.
Mr.
Steve Richey, Attorney, representing the owners of the property, addressed the
Board stating that this request involves an existing steel building that was
constructed by the owner of the property, to store his collection of antique
cars, which is a hobby of his. He stated
that, as he grows older and no longer collects antique cars, he would like to
have the opportunity for alternative uses for the building, for his widow, when
he is no longer around.
No
one was present in opposition to the request.
There
being no further individuals who wished to address the Board, the Vice Chairman
closed the public hearing.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and
approved Ordinance No. 2005-37 - Gary
and Carole I. Scherb/Steven J. Richey, P.A., Rezoning Case No.
PH37-05-3,Tracking No. 39-05-MP, a request for approval to rezone a .52 acre
parcel from R-1 (Rural Residential) to MP (Planned Industrial), for warehouses,
mini-warehouses, professional offices, personal care services, research
services, vehicle storage, or consumer services and repair, as presented, with
conditions, as set forth in the Ordinance.
REPORTS
– COUNTY MANAGER
SCHOOL
CAPACITY ISSUES/PUD ISSUE
Ms.
Cindy Hall, Assistant County Manager/Interim County Manager, informed the Board
that staff understands all the school capacity issues that they brought forward
this date and will work expeditiously to get them that information, as well as to
answer the PUD question that was raised by the Board.
REPORTS
– COMMISSIONER POOL – DISTRICT 2
BELLA
COLLINA PROJECT
Commr.
Pool congratulated Ginn-LA Pine Island, Ltd. on having a very successful day,
with regard to the sale of the balance of the Bella Collina lots, on Lake
Apopka, noting that he feels it is going to be a premier project for not only
south Lake County, but all of Central Florida, and commended them on their
efforts and success. He stated that the
first time around they broke a record in the history of real estate sold in the
United States for the most sales in the least amount of time, which amounted to
$174 million, and the balance of the sales amounted to $320 million in one
afternoon, so it must have set a second record for real estate sold in the
United States, and it occurred in Lake County.
He stated that property values will increase in the County, because of
the Bella Collina project.
REPORTS
– COMMISSIONER STIVENDER – DISTRICT 3
MEMORIAL
DAY EVENT
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a 4-0 vote, the Board approved a request that the Lake County Democratic
Party be allowed to conduct a Memorial Day vigil on the steps of the Historic
Courthouse, from 7:00 p.m. to 9:00 p.m., on Monday, May 30, 2005.
REPORTS
– COMMISSIONER CADWELL – DISTRICT 5
REAPPOINTMENT
TO CITIZENS’ COMMISSION FOR CHILDREN
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 4-0 vote, the Board approved to place the reappointment of the District 5 representative
on the Lake County Citizens’ Commission for Children on the Agenda.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 4-0 vote, the Board reappointed Ms. Kyleen Fischer to the Lake County
Citizens’ Commission for Children, representing District 5.
REPORTS
– COMMISSIONER HANSON – DISTRICT 4
SUSTAINABILITY
SEMINAR
Commr.
Hanson informed the Board that the Sustainability Seminar that was held on
Friday, April 22, 2005, was outstanding.
She stated that it dealt with “green building” and that she would be
bringing back to the Board, at a later date, some resolutions and ordinances
from other counties and cities that have been successful with that program that,
hopefully, the Board will approve. She
stated that she appreciated staff’s efforts in coordinating the seminar, noting
that she felt they did an outstanding job.
REPORTS
– COMMISSIONER HANSON – DISTRICT 4
HOSPICE
OF LAKE & SUMTER, INC.
Commr.
Hanson stated that there is an effort in the Legislature to make all hospices
“for profit”, which would eliminate the “not for profit” status of Lake
County’s hospice.
On
a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously,
by a 4-0 vote, the Board directed that the Chairman or the Vice Chairman of the
Board of County Commissioners write a letter to the County’s legislative
delegation asking that they oppose any legislation that would take away the
“not for profit” status of Lake County’s hospice (Hospice of Lake & Sumter,
Inc.).
REPORTS
– COMMISSIONER CADWELL – DISTRICT 5 (CONT’D.)
LEGISLATIVE
SESSION
Commr.
Cadwell informed the Board that the last week of the legislative session is
going to be crazy, therefore, urged them to read any legislative updates,
noting that they may be called upon to take a trip to Tallahassee, or to make
some telephone calls.
ADJOURNMENT
There being no further business to
be brought to the attention of the Board, the meeting was adjourned at 10:55 a.m.
__________________________
JENNIFER
HILL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK