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.
AGENDA
UPDATE
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:
Budget
Request for approval of very low-income and low-income impact fee
waivers as refunds to lenders on behalf of qualified individuals.
Community Services
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.
Growth Management
Request for approval and execution of a Satisfaction
and Release of Fine for property owned by David Merle Brown (Code Enforcement
Case Number 2004030080).
Public Works
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.
PUBLIC HEARING
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.
PUBLIC
HEARING
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.
DISCLOSURES
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.
ADJOURNMENT
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
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK