A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MAY 23, 2006
The Lake County Board of County Commissioners met in regular session on Tuesday, May 23, 2006, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present were Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Debbie Stivender; and Robert A. Pool. Commissioner Jennifer Hill was not present. Others present were Sanford A. “Sandy” Minkoff, County Attorney; Cynthia W. “Cindy” Hall, County Manager; Linda Green, Executive Associate, Board of County Commissioner’s Office; and Judy McAuley, Deputy Clerk.
INVOCATION AND PLEDGE
The Rev. Bill Birdsall, New Life Presbyterian Church, Fruitland Park, Florida, gave the Invocation and led the Pledge of Allegiance.
Ms. Cindy Hall, County Manager, announced that Addendum No. 1 includes two items which can be handled under the County Manager’s Consent Agenda. Mr. Jerry Smith, Emergency Management Director, will give an update on hurricane preparedness for the 2006 season under the County Manager’s Departmental Business. Ms. Hall asked that Tab 10 be moved up so that it can be covered prior to Commr. Stivender’s departure at 10:00 a.m.
Commr. Cadwell stated that, under his business, he will clarify with the Board information in today’s newspaper regarding a meeting of the LPA (Local Planning Agency).
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 6, plus two items on Addendum No. 1, as follows:
Request for approval of very low-income and low-income impact fee waivers as refunds to lenders on behalf of qualified individuals.
Request for approval to apply for a National Endowment for the Arts Challenge America Grant in the amount of $10,000.00 for the Lake County Library System Annual Festival of Reading and to allow Lake County Library Services Director to sign all applicable grant documents.
Request for approval and execution of a Satisfaction and Release of Fine for property owned by David Merle Brown (Code Enforcement Case Number 2004030080).
Request for approval to advertise for bids for Countywide Resurfacing Project Number 2006-08 at an estimated cost of $1,057,245.05 from Sales Tax Capital Projects – Roads Fund.
Request for approval to advertise for bids for the Sunburst Subdivision Drainage Improvement Project Number 2006-09 at an estimated cost of $465,439.00 from Stormwater Management Fund- Road Repair & Maintenance.
Request for approval of agreement between Lake County Board of County Commissioners and Clonts Groves, Inc. to temporarily close the portion of North Bradshaw Road, which is an unpaved county maintained road, which intersects with their grove. They would like to close the road to better isolate the grove from the citrus canker disease and because no other property owner uses the area of North Bradshaw Road that intersects with the grove for legal access.
Environmental Services (Addendum No. 1)
Request for approval to transport Municipal Solid Waste (MSW) outside Lake County to appropriate State permitted disposal facilities in order to effectively manage the solid waste stream.
County Manager (Addendum No. 1)
Request for approval of the contract modification (extension) between the Department of Community Affairs (DCA), Lake County Board of County Commissioners (BCC), and the Lake County School Board for the School Concurrency Pilot Program Number 06-DR-73-06-45-01-020 through July 3, 2006.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
UPDATE ON HURRICANE PREPAREDNESS FOR 2006 SEASON
Mr. Jerry Smith, II, Emergency Management Director, advised that this is National Hurricane Awareness Week. While Lake County is prepared for hurricanes, preparedness is a continual process that is worked on daily. He stated that the biggest concern is citizen preparedness. Mr. Smith stated that, while many residents believe otherwise, Lake County did not have a hurricane in 2004 and there is no documented proof of sustained tropical storm force winds in 2004. He encouraged every family to have a disaster supply kit with food and water for up to five days and a two-week supply of medications. He stressed the importance of having a family disaster plan regarding evacuation and emergency contact information.
Mr. Smith discussed Florida’s sales tax holiday which concludes on June 1 and House Bill 7121, a 68-page document, which includes comprehensive changes for Emergency Management and hurricane preparedness throughout the state. Funding under that bill includes generators for special needs shelters, shelter retrofits, hurricane evacuation studies, county Emergency Operation Centers (EOC), and state warehousing of food and water. About $45 million is provided in HB 7121 for EOC funding, with $1 million in the budget for an EOC in Lake County, subject to the Governor’s line item veto.
Mr. Smith stated that Seminole Springs Elementary and Spring Creek Elementary were removed from the shelter list this year because neither school has a switch to connect a generator which would provide drinking water and sewage removal. However, Lake County has submitted a request to the state to fund switches and generators for both schools. During discussions, the Board indicated that those switches should be bought even if state funds are not acquired. The schools will be added back to the list after the purchases. Mr. Smith explained that security measures have been improved to weed out issues of sexual offenders or predators. He announced that all eight primary shelters are pet-friendly. He stated that work continues on the public shelter registry which identifies individuals who do not have transportation to a public shelter. That registry was a success during Hurricane Wilma. Work continues on a registry of special needs citizens, including those that may be able to stay at home during a storm. The reverse 911 system will be used to notify those clients. In mobile home parks, a particular individual will be called so that they can notify residents.
Mr. Smith advised that live broadcasts with Lake County information will be possible on government access cable channels with updates on network television stations. He referred to the Lake County hurricane flier and special needs and public registry pamphlets and noted that three new Public Service Announcements (PSAs) were produced by the County’s Information Outreach Division.
Regarding operational capabilities, work is being done on E Team, the EOC software. This will meet the first two goals the Board has set, being a high performance county and being involved in multi-jurisdictions. Satellite phones have been purchased, a weather station network is in the planning and implementation stage for the web site and the citizens’ information line is working well. The EOC has a great relationship with Sheriff Chris Daniels who is extremely supportive of preparedness efforts. Lake-Sumter EMS has stepped up to help with staffing for special needs shelters and work continues with Lake and Sumter Emergency Recovery (LASER) and the Disaster Volunteer Center. Mr. Smith expressed excitement with the continuing relationship with Lake-Sumter Community College and with the Business Assistance Center which will staff the EOC with Emergency Support Function 21. They will take the lead in preparing small businesses. An invitation has been sent to 23,000 occupational license holders to attend a seminar on June 15 at the College. That business preparation seminar will be put on by SCORE (Service Corps of Retired Executives).
Mr. Smith explained other training and information efforts with the state, cities and health care providers. He agreed that Lake County has a very strong volunteer network, including ham radio operators. He stated that 2006 is predicted to be a busy year and he showed one of the PSAs.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
PROCLAMATION - NURSING ASSISTANTS’ WEEK
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the execution of Proclamation 2006-87 declaring June 15 through 22, 2006, as Nursing Assistants’ Week.
ROAD VACATION PETITION NO. 1079 - CHARLES W. AND LORETTA F. CRANDALL - REPRESENTATIVE LESLIE CAMPIONE
MOUNT DORA AREA
Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval of Road Vacation Petition Number 1079, by Charles W. and Loretta F. Crandall, representative Leslie Campione, to vacate a utility easement and portion of right of way in the Plat of Dora Pines, located in Section 21, Township 19S, Range 27E, in the Mount Dora area, Commission District 4. He showed the site map of Oak Circle and recommended approval to vacate.
Commr. Hanson opened the public hearing.
Mr. Herbert Pitt stated that he lives adjacent to the subject property. He asked why the request to vacate cannot include his property and four others who are in favor of the request. He stated that past surveys did not turn up this problem.
Mr. Stivender advised that this petition cannot be added to but the five remaining homeowners can file one petition. He explained that there were a lot of title problems and plat vacations when Dora Pines Subdivision came in 30 or 40 years ago. In a lot of cases, homes were set in the wrong location.
Ms. Leslie Campione, attorney representing the petitioner, confirmed that this issue came up during a title search.
There being no further public comment, the public hearing was closed.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved Resolution 2006-88 for Road Vacation Petition Number 1079, by Charles W. and Loretta F. Crandall, representative Leslie Campione, to vacate a utility easement and portion of right of way in the Plat of Dora Pines, located in Section 21, Township 19S, Range 27E, in the Mount Dora area, Commission District 4.
LAKE SUMTER EMERGENCY MEDICAL SERVICES - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Mr. Sandy Minkoff, County Attorney, presented the request to approve the renewal of the Certificate of Public Convenience and Necessity for Lake Sumter Emergency Medical Services, Inc., which allows them to operate ambulances. All of Lake County’s municipalities were notified of this hearing.
Commr. Hanson opened the public hearing. There being no public comment, the public hearing was closed.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the request to renew the Certificate of Public Convenience and Necessity for Lake Sumter Emergency Medical Services, Inc.
For the record, Commr. Stivender disclosed that she had conversations with the applicant and their representatives on Rezoning Case PH#47-06-5 (consent agenda) and on Rezoning Case PH#55-06-4 which is up for postponement. Commissioners Cadwell and Hanson disclosed that they have spoken to the applicant and citizens on Rezoning Case PH#55-06-4.
PUBLIC HEARINGS - REZONINGS - REQUEST FOR POSTPONEMENT
REZONING CASE PH#55-06-4 - NATHANIEL AND CAROLYN RICHBURG - SUMTER ELECTRIC COOPERATIVE, INC./VICTORIA BUCHER - TRACKING NO. 62-06-CFD
Mr. John Kruse, Senior Planner, Planning and Development Services, Department of Growth Management, announced that Sumter Electric Cooperative, Inc. (SECO), submitted a written request (letter dated May 17, 2006, is included in the backup material) for a 30-day continuance in Rezoning Case PH#55-06-4, Nathaniel and Carolyn Richburg, Sumter Electric Cooperative, Inc./Victoria Bucher, Tracking No. 62-06-CFD; a request to rezone from AR (Agricultural Residential) to CFD (Community Facility District).
Commr. Hanson stated that she received a speaker request form from Mr. Michael Condon with SECO who would like to have the continuance for 60 days because some folks will be out of town in the 30-day timeframe.
Commr. Hanson opened the public hearing on the request for a 60-day postponement. There being no public comment, the public hearing was closed.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the request for a 60-day postponement on Rezoning Case PH#55-06-4, Nathaniel and Carolyn Richburg, Sumter Electric Cooperative, Inc./Victoria Bucher, Tracking No. 62-06-CFD; a request to rezone from AR (Agricultural Residential) to CFD (Community Facility District).
(Clerk’s note: Although information on Mr. Condon’s speaker request form may suggest he was making the 60-day postponement request on behalf of SECO, he was not. Mr. Condon lives in the area of the subject property.)
PUBLIC HEARINGS - REZONINGS - CONSENT AGENDA
Mr. John Kruse, Senior Planner, Planning and Development Services, Department of Growth Management, announced that Rezoning Agenda Numbers 1, 3, and 8 are on the consent agenda and that no speaker request forms have been received.
Commr. Hanson opened the public hearing on the three consent agenda cases. There being no public comment, the public hearing was closed.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board upheld the recommendations of the Lake County Zoning Board and approved three cases on the rezoning consent agenda, as follows:
PUBLIC HEARINGS - REZONINGS
REZONING CASE CUP#06/5/1-3 - ERIC R. AND EVE M. CARTER, OWNERS - VERIZON WIRELESS, PERMITTEE, C/O LAURA B.
BELFLOWER, P.A. - TRACKING NO. 56-06-CUP
Ms. Stacy Allen, Senior Planner, Planning and Development Services, Department of Growth Management, presented Rezoning Case CUP#06/5/1-3; Eric R. and Eve M. Carter, Owners; Verizon Wireless, Permittee, c/o Laura B. Belflower, P.A.; Tracking No. 56-06-CUP; a request for a Conditional Use Permit in the Agriculture zoning district for a 175-foot monopole communications tower and associated accessory uses within a 75 foot by 75 foot lease parcel/compound. She showed the aerial photograph of the subject property which is located in the Lake Jem area, south of CR 448 on the west side of CR 488A. The owners are presently utilizing the 12-acre parent tract for a single-family residence and nursery. Staff recommends approval of the request. The Lake County Zoning Board gave a favorable recommendation by a 6-0 vote. Their motion included that more than three collocators could be permitted on the tower and with the lighting change as stipulated on Page 2, Term E3. Ms. Allen stated, for verification, that the CUP covers the entire 12-acre tract. In Section 2. A., Land Uses, of the proposed ordinance, the CUP is limited to a 75 foot by 75 foot lease area as shown on the application but the size of the lease parcel may be expanded through site plan approval. Since the CUP covers the entire parcel, they do not have to come back and amend the CUP to increase the size of the lease parcel. She noted that Ms. Laura B. Belflower, P.A., representing the applicant, is present.
Commr. Hanson opened the public hearing. There being no public comment, the public hearing was closed.
A motion was made by Commr. Stivender to uphold the recommendation of the Lake County Zoning Board for approval of Rezoning Case CUP#06/5/1-3; Eric R. and Eve M. Carter, Owners; Verizon Wireless, Permittee, c/o Laura B. Belflower, P.A.; Tracking No. 56-06-CUP; for a 175-foot monopole communications tower and associated accessory uses within a 75-foot by 75-foot lease parcel with the conditions that no more than three collocators shall be permitted on this tower and with the lighting change as stipulated on Page 2 of the ordinance.
Ms. Allen explained that they are not required to light the tower since it is less than 200 feet and is not near an airport. She clarified that the wording is that they are allowed more than three collocators.
Commr. Stivender amended her motion to “…that more than three…”. Commr. Pool seconded the motion.
Ms. Belflower asked for clarification that the compound will not be limited to 75 feet by 75 feet because the CUP is for the whole property as clarified by Ms. Allen.
Commr. Stivender agreed that is included in her motion.
Commr. Hanson called for a vote on the motion which carried unanimously, by a vote of 4-0, to uphold the recommendation of the Lake County Zoning Board and approved Ordinance 2006-51, Rezoning Case CUP#06/5/1-3; Eric R. and Eve M. Carter, Owners; Verizon Wireless, Permittee, c/o Laura B. Belflower, P.A.; Tracking No. 56-06-CUP; for a 175-foot monopole communications tower and associated accessory uses within a 75-foot by 75-foot lease parcel with the conditions that more than three collocators may be permitted on this tower and with the lighting change as stipulated on Page 2 of the ordinance; the CUP will cover the entire parcel (therefore, the size of the lease parcel may be expanded through site plan approval without amending the CUP).
REZONING CASE PH#52-06-2 - DARLENE SANTIAGO, OWNER - LUIS SOTO AND PEDRO CARRASQUILLO, APPLICANT -
TRACKING NO. 59-06-CFD
Mr. John Kruse, Senior Planner, Planning and Development Services, Department of Growth Management, presented Rezoning Case PH#52-06-2; Darlene Santiago, Owner; Luis Soto and Pedro Carrasquillo, Applicant; Tracking No. 59-06-CFD; a request to rezone from A (Agriculture) to CFD (Community Facility District) for a church and associated uses. He showed the aerial photograph of the subject property, approximately five acres, which is located in the Clermont area at Johns Lake Road, one-half mile east of Hancock Road on the south side of the street. The applicants are proposing an 8,000 square foot sanctuary and a 4,800 square foot multi-purpose building with an additional request that temporary structures be allowed until permanent buildings can be constructed. He explained that a similar request came before the Board in 2004. The Lake County Zoning Board and the Board of County Commissioners denied the 2004 rezoning request. Denials were based on testimony by the citizens in the area concerning traffic and disruption of the rural neighborhood. However, a traffic light is planned for the intersection of Johns Lake Road and Hancock Road that will help with the movement of traffic in the area. Mr. Kruse stated that, based on new information, a reduction in square footage and the property being consistent with the Lake County Land Development Regulations and the Comprehensive Plan, staff recommends approval with conditions. The Lake County Zoning Board recommended 6-0 for denial. Five letters and one petition with approximately 40 signatures have been received in opposition to the request.
Commr. Hanson opened the public hearing. The applicant was not present. Commr. Hanson noted that she has received a few speaker request forms.
Mr. Sandy Minkoff, County Attorney, stated that, with the applicant not here, and with the recommendation of denial by the Lake County Zoning Board, there is no evidence before the Board to support approval.
There being no public comment, the public hearing was closed.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 4-0, the Board upheld the recommendation of the Lake County Zoning Board for denial of Rezoning Case PH#52-06-2; Darlene Santiago, Owner; Luis Soto and Pedro Carrasquillo, Applicant; Tracking No. 59-06-CFD; a request to rezone from A (Agriculture) to CFD (Community Facility District) for a church and associated uses.
REZONING CASE PH#51-06-4 - DAVID H. YOUNG, OWNER - I. ED PANTELEON, P.A., APPLICANT - TRACKING NO. 58-06-Z
Mr. John Kruse, Senior Planner, Planning and Development Services, Department of Growth Management, presented Rezoning Case PH#51-06-4; David H. Young, Owner; I. Ed Panteleon, P.A., Applicant; Tracking No. 58-06-Z; a request to rezone from A (Agriculture) to R-2 (Estate Residential) for the creation of a single-family residential subdivision. He showed the aerial photograph of the subject property, 9.14 +/- acres, located in the Sorrento area, west of the intersection of CR 437 and Wolf Branch Road at the intersection of Wolf Branch Road and Vine Street on the southwest corner. Mr. Kruse read from the Summary of Analysis which is included in the backup material. Staff finds the request is consistent with the Land Development Regulations (LDRs) and the Comprehensive Plan and would have a de minimis effect on area schools; therefore, staff recommends approval. The Lake County Zoning Board recommended approval by a 4-2 vote.
Mr. Kruse confirmed for Commr. Stivender that most of the lots along Wolf Branch Road are estate size. He pointed out R-1 and R-2 parcels on the map.
Commr. Hanson opened the public hearing.
Mr. I. Ed Panteleon, P.A., applicant, stated that the original drawing depicted 18 lots (included in the backup material) and that a new conceptual plan (Exhibit A-1 for the Applicant) reflects 13 lots. The new lot layouts assume that there will not be sprinklers in the homes, therefore, side yard setbacks are 30 feet rather than 10 feet. He confirmed that the new layout has access to Vine Street, not Wolf Branch Road.
Ms. Heather Brush, who lives on Equestrian Trail, expressed concerns regarding compatibility and property value. She stated that the majority of Wolf Branch Road is large equestrian farms of 10 to 20 acre tracts. She stated that normal activities in areas of higher densities are detrimental to horses and people who ride them. She stated that equestrian farm owners will have a problem selling their properties if they are located across from a higher-density development. She stated that the intersection of Vine Street and Wolf Branch Road is a very dangerous spot because of the hill.
Ms. Anita Gideon, who lives across from the subject property, showed photographs (Exhibit O-1 for the Opposition) and stated that she cannot use her front pasture now because of traffic. She stated that she has had to repair her fence at Vine Street because of accidents. She pointed out that the land north, south, east and west of the subject property is zoned Agricultural. She stated that Lake County’s school system is lacking and adding to the numbers is disheartening. She presented a subdivision status report dated April 19, 2006 (Exhibit O-2 for the Opposition) and stated that 1,100 homes are planned in her small area.
Mr. George Gideon, Wolf Branch Road, confirmed that 1,100 homes are planned in the Round Lake/Wolf Branch area. He thinks that is one of the reasons the School Board is against this rezoning. He discussed school concurrency rules for 2008 and stated that school concurrency should be done now. He expressed concerns regarding additional wells and septic tanks and their impact on the aquifer. He stated that the time has come that the Commissioners have to listen to the residents. He stated that a road and schools have to be in place, not just in the plans. He stated that a developer is proposing to donate property on SR 46 but those residents do not want a school in their backyard. He repeatedly told the Board that this has to stop until we get a grip and services are available. He advised that he has come before the Board four times in the last two years asking them to stop.
At 10:00 a.m., Commr. Stivender left the meeting.
Ms. Leslie Garvis stated that she lives directly across Wolf Branch Road from the subject property. She owns a horse farm and trains show horses. She stated that her next-door neighbors, Hector Garcia and his daughter-in-law, Lori Arnold, were unable to attend the meeting but want to be on the record in opposition to this request. Ms. Garvis showed photographs (Exhibit O-1 for the Opposition) of her views of pasture, livestock areas and Wolf Branch Road. She stated that this development would be highly incompatible with the area and would decrease her property value. She echoed the comments made by Ms. Brush regarding horses and livestock. Ms. Garvis stated that her community does not want this and they are looking for a rural transition area. She believes this should be kept as Agricultural zoning and used as such to be in keeping with the area. She stated that development should be reasonable, logical and compatible.
Mr. Andrew Garvis agreed with the feelings of the other speakers. He stated that he has grown to love the openness and the scenic view. He asked what the vision is and where we are going. He stated that we have the power to stop it now and decide what our future will be. He mentioned the overcrowded schools and the effect that has on FCATs. He asked what we are doing about water, electricity, sewage and other issues.
Mr. Edward Sorrell showed an aerial photograph with his property outlined in red (Exhibit O-3 for the Opposition). He has two horses and a pasture. He stated that he is not necessarily opposed to development of that land although the density is a little high. He stated that his concern is the noise and traffic, especially during development, because all the trees will be ripped out and his horses will go nuts. He stated that he will have nine backyards across from his pasture. He opined that a wall is not aesthetic but is more aesthetic and easier on his horses than nine backyards.
Ms. Judith Bernier stated that she owns 20 acres, has 11 horses, and breeds dressage and jumping horses. She agreed that the road is very busy and construction and noise will be a problem in her front paddock. She stated that her major concern is the septic system and the water level. She asked what will happen when the aquifer dries up and her 11 horses have no water. She suggested that three or four homes would be an asset.
Jason E. Merritt, Esquire, stated that he represents Mr. and Mrs. Garvis. He stated that growth management is a tremendously difficult issue with lots of interlocking and connected issues. He opined that the Board has tried to look at things globally, particularly with this area, by entering into the Joint Planning Agreement (JPA) with the City of Mount Dora, with the creation of the Mt. Plymouth/Sorrento Planning Advisory Committee and with development controls in place as part of the Wekiva River protection area legislation. A lot of things are in the process that would significantly improve the quality of development of this area and within the Wekiva study area. He stated that one great concern is looking holistically at what we would like to implement. He asked for a chance to put these things in place so that the quality of development will follow the State’s innovative design standards, including clustering and conservation of open space. Mr. Merritt pointed out that the JPA with Mount Dora provides that both the County and the City want to preserve the rural and scenic characteristics of Wolf Branch Road. While this property is not within the JPA, the purpose of a JPA is to try to funnel growth into areas that have services in place. He opined that there is a logical disconnect with regard to this application, the tools that are in place and the tools we are trying to put in place. He asked the Board to consider denying the request or, at a minimum, consider looking at it from a PUD (Planned Unit Development) point of view so that appropriate controls can be put onto this application to take care of the concerns that have been raised.
There being no further public comment, the public hearing was closed.
Commr. Hanson remarked that the comments were good; however, this property is in the Urban Compact Node (Non-Wekiva) and backs up to the historical plats of Sorrento south of Wolf Branch. The north part of Wolf Branch is also Urban Compact Node and, generally, development has been limited to one unit to the acre. There is a sector south of Wolf Branch, east of Orange Street into Sorrento, which is an expanding community. She expressed concern with the dangerous intersection at Wolf Branch Road and Vine Street. She stated that buffers need to be looked at, particularly around Wolf Branch Road, maybe making it an opaque buffer even if trees have to be added. She opined that the ability to do clustering is limited because there are no utilities. She stated that tree removal should be limited as much as possible and suggested quadriplexes for clustering although that might not be possible without water and sewer.
Commr. Hanson reopened the public hearing and called on the applicant for rebuttal comments.
Mr. Panteleon stated that the application was a request for R-2 zoning which is the lowest density classification they could possibly move on. At the time it was presented to the Zoning Board, staff stated that there are other compatible neighborhoods in the area that exceed the R-2 designation. He stated that R-2 is compatible. Mr. Panteleon stated that his client intends to work with neighbors to buffer the neighborhood to give it the equestrian-type feel. He pointed out that family-type activities are not against the law and are reasonably quiet. He remarked that he is not sure those activities are a reason to deny an application for rezoning on a very low-density-type development. He stated that traffic on Wolf Branch Road has been the way it is and probably will get worse but access onto Vine Street will minimize any kind of increased capacity or traffic onto Wolf Branch Road. He stated that his client will work with the School Board on any school concurrency requirements that are imposed on the development. He stated that trees will be part of the buffer zone and the agricultural-type feel. He asked for strong consideration of an approval.
Commr. Hanson closed the public hearing.
RECESS & REASSEMBLY
At 10:25 a.m., Commr. Hanson announced a fifteen minute break.
REZONING CASE PH#51-06-4 - DAVID H. YOUNG, OWNER - I. ED PANTELEON, P.A., APPLICANT
TRACKING NO. 58-06-Z (CONTINUED)
Commr. Hanson recapped staff’s recommendation for approval as follows: included a point system; it does not conflict with LDRs; it is in compliance with all applicable provisions of the Comprehensive Plan; associated land uses are consistent and compatible with the surrounding land use which is somewhat in transition from Agricultural; it would not result in significant adverse impacts to the natural environment; there is no indication that it would adversely affect property values in the area.
Commr. Cadwell stated that his problem with most of Commr. Hanson’s concerns is that straight zoning cannot be conditioned legally.
Mr. Kruse explained that there are patches of R-7 zoning that historically have been there. Commr. Hanson added that part of historic Sorrento includes very small lots.
Commr. Cadwell explained that this Board volunteered to be a pilot program to do school concurrency now, rather than in 2008, and the Board is working through that process. Mr. Sandy Minkoff, County Attorney, pointed out that the proposed ordinance has a requirement that no plat can be recorded until school concurrency is met.
Commr. Cadwell commented that, acreage-wide in the block of Orange Street to Equestrian Trail, there is a very small percentage of R-1 and R-2 zoning. He explained that he drove down Wolf Branch Road over the weekend and that it is to the point of being dangerous. He stated that, if they could drop down to R-1 and could condition that zoning, he would have a comfort level that now may be the time for a parcel like this to start in that area. He added that he does not think it is compatible, throwing in traffic concerns and taking out R-7s.
Commr. Hanson mentioned that the Mt. Plymouth/Sorrento Planning Advisory Committee may have studied this area and recommended two units to the acre while recommending one unit to the acre north of there. She pointed out that up to five and one-half units per acre is allowed in the whole area under the Urban Compact Node.
Commr. Pool asked for clarification on adjoining property to the east and west of the subject parcel. Residents confirmed that the parcel to the west is treed and next to that is a parcel with two homes. To the east are two or three homes and to the northwest is a PUD with a park at one unit to the acre. Commr. Hanson reiterated that this area is in transition and that, probably, south of Wolf Branch Road would be two units to the acre while north of Wolf Branch Road would be one unit to the acre. Commissioners Hanson and Pool agreed that conditions on the zoning would be preferable. Commr. Pool gave thoughts on how the houses could be positioned on the parcel, possibly with only one house being seen along Wolf Branch Road. Commr. Hanson stated that she would not have a problem with one unit to the acre. Commr. Pool stated that they cannot do that today. Commr. Cadwell expressed concern about this Board trying to show the applicant how to do it. He stated that the applicant had options and this is the one they chose.
Ms. Carol Stricklin, Growth Management Director, stated that she spoke with the applicant and he is willing to request a 30-day continuance to consider amending his application to a PUD so that conditions could be placed on the zoning.
Commr. Hanson stated that she does not have a problem with a continuance. Commr. Pool stated that, as it continually evolves, it will get better.
Commr. Pool made a motion for a postponement for 30 days on Rezoning Case PH#51-06-4; David H. Young, Owner; I. Ed Panteleon, P.A., Applicant; Tracking No. 58-06-Z; a request to rezone from A (Agriculture) to R-2 (Estate Residential) for the creation of a single-family residential subdivision.
Commr. Hanson passed the gavel to Commr. Cadwell and seconded the motion.
Commr. Cadwell stated that they would have to go through the whole process again with a PUD and he does not see what 30 days will give them. He called for a vote on the motion.
Under discussion, Commr. Hanson agreed that it will take more than the 30 days to come back. Commr. Cadwell reiterated that the whole process will have to be done again, including re-advertising. He stated that the Board set up a new way to do business and has said that they would not make decisions and then have the applicant talk to staff.
Commr. Cadwell again called for a vote on the motion for a 30-day postponement. Commr. Pool stated that, if a PUD cannot be done in 30 days, he withdraws the motion. Commr. Hanson withdrew her second.
Commr. Cadwell passed the gavel back to Commr. Hanson.
Commr. Cadwell made a motion to deny Rezoning Case PH#51-06-4; David H. Young, Owner; I. Ed Panteleon, P.A., Applicant; Tracking No. 58-06-Z; a request to rezone from A (Agriculture) to R-2 (Estate Residential) for the creation of a single-family residential subdivision; overturning the recommendation of the Lake County Zoning Board.
Commr. Hanson asked if the motion is without prejudice and Commr. Cadwell remarked that he does not think the Board can do that on this one.
Commr. Pool seconded the motion for discussion. He asked, in the event the applicant wants to change things to lower densities, if he could come back or if it is a completely new process. Mr. Minkoff confirmed that he would have to come back and he would have to have a substantial change, he could not come back with R-2. Commr. Hanson added that, if the denial is without prejudice, he could come back with a PUD. Mr. Minkoff stated that he cannot come back for R-2 but can come back for something else. Commr. Cadwell agreed that the applicant can re-file for something else and go through the process.
Commr. Hanson called for a vote on the motion for denial which carried unanimously, by a vote of 3-0.
Commr. Pool acknowledged that it will not come back as a request for R-2.
REZONING CASE PH#46-06-4 - LAKE WAREHOUSE & STORAGE/R.A. BAZINET - SHARON FARRELL, LAND USE ASSOCIATES
AND BRUCE DUNCAN, ESQ. - TRACKING NO. 52-06-MP
Mr. John Kruse, Senior Planner, Planning and Development Services, Department of Growth Management, presented Rezoning Case PH#46-06-4; Lake Warehouse & Storage/R.A. Bazinet; Sharon Farrell, Land Use Associates and Bruce Duncan, Esq.; Tracking No. 52-06-MP; a request to rezone from R-1 (Rural Residential) to MP (Planned Industrial) to include the use of the site for general warehouse, self-service storage, professional office, vehicle storage (not to exceed ten vehicles), equipment storage and/or medical office. He showed the aerial photograph of the subject property, approximately 1/2 acre, located in the Tavares area, south of the Old Highway 441 and Bay Road intersection on the east side of Bay Road. The Lake County Zoning Board recommended approval by a vote of 6-0. One letter of concern was received from the City of Mount Dora. Staff feels the request meets the Land Development Regulations (LDRs) and the Comprehensive Plan and recommends approval with conditions.
Commr. Cadwell pointed out that MP rezoning can be conditioned. He asked if there have been any additional talks with the City of Mount Dora.
Commr. Hanson opened the public hearing.
Mr. Bruce Duncan, of Potter Clement Duncan and Lowry, stated that conversations were held with Mr. Mark Reggentin, City of Mount Dora Planning and Development Director, prior to his writing his March 20, 2006, letter. Mr. Duncan stated that water is available and when, and if, they hook up to water, they will enter into an annexation agreement with the City of Mount. He remarked that Mount Dora will never get to this point because several small industrial parcels are in between. It is likely that those parcels will not voluntarily annex into the City and the City will not involuntarily annex them. Mr. Duncan stated that the agreement will be in place so that, when and if it does happen, they will bring the use of this site into compliance with codes and requirements. He stated that staff wanted to require a six-foot masonry wall along the southern boundary of the property between the residential zoning and the industrial. There is an existing six-foot privacy fence and a right of way on the southern boundary. There has been no opposition from the residents. He stated that they asked, and the Zoning Board agreed, that they be able to keep the existing privacy fence. When and if any permits are pulled on the site, the necessity for a concrete block wall would be evaluated. At this point, there will be no changes to the site. He confirmed that the site will get water from the City of Mount Dora because it is in the City’s utility service area.
There being no further public comment, the public hearing was closed.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 3-0, the Board upheld the recommendation of the Lake County Zoning Board and approved Ordinance 2006-52, Rezoning Case PH#46-06-4; Lake Warehouse & Storage/R.A. Bazinet; Sharon Farrell, Land Use Associates and Bruce Duncan, Esq.; Tracking No. 52-06-MP; a request to rezone from R-1 (Rural Residential) to MP (Planned Industrial); including language regarding an annexation agreement with the City of Mount Dora (as part of the provision of water service).
PLANNED UNIT DEVELOPMENTS
Commr. Hanson asked Ms. Carol Stricklin, Growth Management Director, if we are moving forward to have a less-than-full-blown PUD (Planned Unit Development) for parcels under 50 acres. Ms. Carol Stricklin, Growth Management Director, advised that staff is looking at the issue at the request of the Board and in the context of the Comprehensive Plan update. Commr. Hanson asked staff to bring that information to the Board soon.
REPORTS - COUNTY ATTORNEY
LAKE JOANNA PARK
Mr. Sandy Minkoff, County Attorney, stated that, under the County Code, the public is not allowed to drive vehicles into Lake Joanna Park to launch boats because there is no ramp. Additional steps will be taken in the next few days so that vehicles cannot drive onto park property. Sheriff’s Deputies will be on Lake Joanna as well as at the park during an event that is scheduled Saturday, May 27. He explained that the Director of the Parks and Trails Division is trying to reconfigure the lot in order to provide eight or ten parking spaces along the roadway. Vehicles would not be able to drive down the lot to use it as a boat launch.
REPORTS - COUNTY MANAGER
PROPOSED JOINT MEETING WITH TAVARES CITY COUNCIL
The Board agreed with the suggestion by Ms. Cindy Hall, County Manager, that staff will arrange a meeting between the Tavares City Council and the Board regarding the Board’s selection for a parking garage for downtown Tavares. The parking garage, larger than originally envisioned, will have some impacts to Maud Street.
REPORTS - COMMISSIONER HILL - DISTRICT #1
PROCLAMATION - SONS OF THE AMERICAN REVOLUTION DAY
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 3-0, the Board approved Proclamation 2006-89 declaring June 9, 2006, to be Sons of the American Revolution Day in Lake County, Florida.
REPORTS - COMMISSIONER POOL - DISTRICT #2
CLASS A BALL TEAM
Commr. Pool reported that he has been invited to a meeting this afternoon with Minneola Council Member Joe Teri and Mr. John Saboor, Executive Director, Central Florida Sports Commission, to discuss the possibility that a Class A ball team, or some baseball club, may want to settle in the Lake County area. Mr. Teri and Mr. Saboor want to know if this Board, at no expense to this Board, would endorse researching that opportunity. Information would come back to this Board regarding any potential costs, the benefits and what support there may or may not be.
Commissioners Cadwell and Hanson agreed that research is okay and suggested that Commr. Pool may want to give Mr. Teri and Mr. Saboor an historical perspective of what has happened on that.
REPORTS - COMMISSIONER HANSON - CHAIRMAN & DISTRICT #4
CERTIFIED COMMUNITY WILDLIFE HABITAT AND FLORIDA-FRIENDLY LANDSCAPING DESIGNS
Commr. Hanson asked that the discussion of the certified Community Wildlife Habitat (Tab 11) and the discussion of Florida-Friendly Landscaping designs (Tab 12) be rescheduled for July. Commr. Cadwell suggested contacting the National Wildlife Federation again.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
LAKE COUNTY LOCAL PLANNING AGENCY (LPA)
Commr. Cadwell stated that there was an article in the Lake section of today’s Orlando Sentinel regarding the Lake County Local Planning Agency (LPA). He stated that he has preached and preached that the Board stay out of the LPA process so that those folks can do their job. He explained that he met Monday morning with a member of the Mt. Plymouth/Sorrento Planning Advisory Committee and received several e-mails Monday regarding the Comprehensive Plan language that group had been proposing. The gist of the e-mails were that that language was not in the Comprehensive Plan. During lunch time yesterday, on his way to a meeting in Sumter County, and in effort to speak with Ms. Amye King, Deputy Director, Growth Management, he stopped by the Bragg Campus (Lake Technical Center, Institute of Public Safety) where a LPA workshop was being held. When the group broke for lunch, he spoke with Ms. King regarding an update and then he left. He stated that he did not return calls to the Orlando Sentinel later; therefore, the perception was that he was at the workshop putting pressure on staff. He stated that he should have returned the calls to clarify his presence at the workshop. He offered to talk to, and apologize to, the LPA if they feel there was inferred pressure because that was not his intent. He spoke with Ms. King so that he would be able to respond to the e-mails. Commr. Cadwell stated that the newspaper article was factual because he was at the workshop. He reiterated that he has preached that the Board should stay out of the LPA process. He stated that it was not his intention to put pressure on staff and he apologized to the Board.
Commr. Hanson stated that she was made aware of the issue last night. She expressed appreciation for Commr. Cadwell’s comments and his explanation of the facts.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:10 a.m.
CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK