A
SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MAY
30, 2006
The Lake County Board of County Commissioners met in special
session on Tuesday, May 30, 2006, at 9:00 a.m., in the Board of County
Commissioners’ Meeting Room, Lake County Administration Building, Tavares,
Florida, for the transmittal hearing on the Karl Corporation Comprehensive Plan
Amendment. Commissioners present were Catherine C. Hanson, Chairman; Welton G.
Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool.
Others present were Melanie Marsh, Deputy 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
Commr.
Cadwell gave the Invocation and led the Pledge of Allegiance.
PUBLIC
HEARING
COMPREHENSIVE
PLAN AMENDMENT - LPA#06/3/1-2 - KARL CORPORATION, ET AL - KIERAN J. KILDAY,
KILDAY & ASSOCIATES - TRACKING NO. 11-06-LPA
Commr.
Hanson recommended, and the Board agreed, that the applicant will be given up
to an hour for the presentation, that ten minutes will be allowed for any city
representative and that five minutes will be allowed for other persons who wish
to speak for or against the request.
COMPREHENSIVE
PLAN AMENDMENT PROCESS
Ms.
Carol Stricklin, Lake County Growth Management Director, announced that this is
the transmittal public hearing for Comprehensive Plan Amendment LPA#06/3/1-2,
Karl Corporation, et al, Kieran J. Kilday, Kilday & Associates, Tracking
No. 11-06-LPA. She stated that the amendment includes a Future Land Use Map
amendment, an amendment to the Traffic Circulation Element and an amendment to
the Capital Improvements Element related to a Development of Regional Impact
(DRI), the Karlton DRI. The comprehensive plan amendment process takes place in
two stages. The first stage is a transmittal public hearing where the Board is
being requested to pass the amendment along to the Florida Department of
Community Affairs (DCA) for review. That is the beginning of the review process
in terms of the details of the project approval. The second part will be the
adoption public hearing at which time the Board is asked to make a final
decision as to whether to amend the comprehensive plan to change the land use
and adopt the changes to the Traffic Circulation and Capital Improvements
Elements. Between the transmittal and adoption hearings, comments will be
received from DCA regarding the consistency of this comprehensive plan
amendment with Florida Statutes. There will be a detailed review of the DRI.
Ms.
Stricklin explained that the DRI process is a state and regional review process
where all state agencies and all other local government jurisdictions that may
be affected by a project over a certain size have an opportunity to be involved
in the review of that project, to comment on it and make recommendations for
ultimately what will be in the development order that approves that project.
She stated that that process is managed by the East Central Florida Regional Planning
Council (Regional Planning Council). The public hearing on the DRI is scheduled
at the Regional Planning Council on June 21, 2006. The Regional Planning
Council, at that time, will issue a set of recommendations about the conditions
that need to be in place to manage the impacts of this project. The mitigation
of those impacts, relating to transportation, the environment, schools, etc.,
is what will be addressed through those conditions of the development order.
Ms. Stricklin stated that there is a local review process which is review of
the rezoning, the PUD (Planned Unit Development) and all the issues related to
land use regulations such as setbacks, design and open space.
Ms.
Stricklin stated that, should the Board choose to transmit the amendment, it
will go through the remainder of the review process and come back at the
adoption stage with a set of recommendations for how to mitigate the regional
impacts through the development order and also how to manage the land uses
through the PUD zoning ordinance. Those will all be heard on the same day.
Before final approval is given on this project, the Board will have specific
recommendations as to how to mitigate those impacts and how the land uses will
be regulated.
Commr.
Cadwell stated that the process has its flaws because it is hard to get a real
good look at a project until the process is started. He asked if transmitting
this plan today would give the applicant any additional rights.
Ms.
Stricklin stated that approval of the transmittal creates no obligation for
adoption of the amendment. It simply approves it for further review by DCA and
there are no rights attached to such a decision. Ms. Stricklin confirmed for
Commr. Cadwell that DCA has informed Lake County that it needs to adopt the
comprehensive plan update before any further amendments to the comprehensive
plan are adopted.
STAFF
PRESENTATION
Project
Data
Mr.
Alfredo Massa, Senior Planner, Comprehensive Planning Division, Lake County
Department of Growth Management, presented Comprehensive Plan Amendment
LPA#06/3/1-2, Karl Corporation, et al, Kieran J. Kilday, Kilday &
Associates, Tracking No. 11-06-LPA, a request for Future Land Use Map amendment
from Rural (1 dwelling unit to 5 acres) to Urban Expansion (4 dwelling units to
1 acre); text amendments to (a) Traffic Circulation Element, adding Policy
2-4.10 re: Karl Kahlert Parkway, and (b) amending the 5 Year Schedule of
Capital Improvements adding a $30,670,000 private/public funding partnership
for the Karl Kahlert Parkway. He showed the Karlton Proposed Future Land Use
Map and explained that the property is located east of US 27, south of Hartwood
Marsh Road, north and south of the Schofield Road right of way to the Orange
County line.
Future
Land Use Map Amendment
Mr.
Massa, in continuing to read from the backup material, stated that there are
2,098 +/- total acres, it is in Commission District 2, and it encompasses
Sections 25, 26, 27, 34, 35 and 36 of Township 23, Range 26. As defined in the
existing Lake County Comprehensive Plan, Policy 1-1.6: Rural allows up
to one dwelling unit per five acres. The primary functions of the Rural areas,
as designated on the “Future Land Use Plan Map”, shall be to allow for the
continuation of existing agricultural uses, maintain open space, and protect
native habitats. Residential development in the Rural area shall have a maximum
density of one dwelling unit per five acres. The current zoning for the site is
“A”, Agriculture District. As defined in the existing Lake County Land
Development Regulations, Chapter III, 3.00.02.C: The purpose of the district is
to provide a method whereby parcels of land which are most suited to
agricultural usage may be classified and preserved for this purpose.
Existing
Land Uses in Surrounding Area
Mr.
Massa stated that existing land uses surrounding the property include:
Joint
Planning Area Future Land Use
Mr.
Massa stated that the project lies just outside of the Joint Planning Area with
the City of Clermont and, at this time, there is no annexation planned.
Text
Amendments - Capital Improvements Element
Mr.
Massa stated that the text amendment for the Capital Improvements Element
proposes amendments to the five year schedule of Capital Improvements for
Category A Facilities with the addition of the following: it proposes the Karl
Kahlert Parkway which would be a connector from US 27 to SR 429 on the Orange
County border. As previously noted, this would be a private/public partnership
with a projected cost of $30,670,000 and a scheduled year of 2007. The Lake
County Public Works Department has indicated that a private/public partnership
may be an acceptable and workable solution but that the applicant cannot
presuppose that the County accepts any financial responsibility for any
non-negotiated major road construction projects.
Text
Amendments - Traffic Circulation Element
Mr.
Massa stated that the applicant requests the addition of Policy 2-4.10 as
follows: Policy 2-4.10: Karl Kahlert Parkway Addition to the Traffic
Circulation System. By the end of 2006, Lake County shall included Karl Kahlert
Parkway, between US27 and the Lake and Orange County line, into its Traffic
Circulation Model and include the patterns that would be created by the construction
of this east-west regional transportation connector. Karl Kahlert Parkway is
identified on the adopted Lake-Sumter Metropolitan Planning Organization Long
Range Transportation 2025 Needs Plan. The County shall then revise its Future
Land Use Map and Future Traffic Circulation Map to include Karl Kahlert
Parkway.
Findings
Mr.
Massa stated that, per Section 14.02.03 of the Lake County Land Development
Regulations, a detailed staff report has been provided and entered into the
record. Based on the Findings of the staff report, it has been determined that
the requested Comprehensive Plan amendments will be consistent with the adopted
Comprehensive Plan, contingent on stipulations which will be included in the
development order that staff will prepare at a later date.
Mr.
Massa read into the record as follows:
D.
Whether there have been changed
conditions that justify an amendment.
The
project site under review appears to have been active in both agriculture and
grazing in the past, which were dominant industries in the County, and no
appearance of viable agricultural activities were observed in a recent
inspection of the site. The agricultural focus in Lake County was greatly
diminished as a result of several “freezes” which impacted many landowners in
the late 1980s and early 1990s. As the County now prepares for its future in
the 21st century, and an anticipated nearly half million residents by 2025, the
need for mixed-use communities, variety in home styles, and retail/industrial
development, is stronger than ever. The current and future residents of Lake
County could also benefit by the proposed Karl Kahlert Parkway east-west
connector which could help to alleviate the traffic pressures now being faced
by commuters on SR 50 (the only east-west connector in south Lake County). It
should be noted that the Green Swamp Area of Critical State Concern lies to the
west of US 27 and this development is possible infill and, probably, one of the
last developments in the area. Also, market pressures from the previously
identified Horizon West Sector Plan greatly impact this proposed project site.
Additionally, the applicant has made a market analysis conducted by Real Estate
Research Consultants that considerably expands upon the changed conditions
noted above.
H.
Whether, and the extent to which, the
proposed amendment would result in an orderly and logical development pattern,
specifically identifying any negative effects on such pattern.
Residential
and commercial development continues to expand along the US 27/SR 25 corridor
south past the Clermont city limits and north from the southern limits of the
county (the Four Corners area). Presently, at the intersection of Hartwood
Marsh Road and US 27/SR 25 can be found a Publix Shopping Center as well as the
entrance to the closest residential development (Lake Louisa Vista) which is
less than a mile from the proposed project site. Given the anticipated
population growth within the county over the next twenty years, along with the
growth being observed as a result of the Horizon West Town Center project (east
of the project site in Orange County), the Karlton DRI would seem to be a
logical extension of development along the US 27/SR 25 corridor.
J.
Any other matters that may be deemed
appropriate by the Local Planning Agency or the Board of County Commissioners,
in review and consideration of the proposed amendment.
1. Staff recommends transmittal of the
aforementioned amendments to the existing comprehensive plan contingent upon
DRI approval.
2. Staff recommends incorporation of residential
development limits within the final development order to restrict applicant to
a maximum of 5,211 dwelling units.
Mr.
Massa stated that, on March 31, 2006, the Lake County Local Planning Agency
(LPA) recommended approval of the request for transmittal by a vote of 8-1.
PUBLIC
HEARING
Commr.
Hanson opened the public hearing.
APPLICANT’S
PRESENTATION
Mr.
Steve Richey, attorney representing the applicant, explained that, when this
project was started three years ago, Karl Kahlert was the head of the project
team. He put the corridor together and assembled the land and the parkway was
his vision. Mr. Richey explained that Mr. Kahlert was killed in an automobile
accident, losing about a year in the process of the DRI. Mr. Richey introduced
the team as follows: representatives of Kilday & Associates (landscape
architects/planners); Devo Engineering (environmental/geotechnical); Donald W.
McIntosh Associates (civil engineers/land planners/surveyors); the law firm of
Lowndes, Drosdick, Doster, Kantor & Reed; LPG Environmental &
Permitting Services; LPG Urban & Regional Planners; Real Estate Research Consultants;
Traffic, Planning and Design (TPD); and Herb Kahlert.
Mr.
Herb Kahlert, an elected official in Palm Beach County, Florida, stated that he
spent twenty years as county engineer. He stated that a planned community goes
far in an effort to put together all the various components necessary to bring
services forward. He stated that today’s presentation shows a mixture of uses
and how the applicant proposes to solve many of the major planning problems. He
stated that the Board, through the planned community, can help define the
future of that segment Lake County. He explained that Disney owned this
property, about 2,300 acres, and asked companies to come forward with proposals
as to how they saw the distribution and ultimate disposal of this real estate.
Mr. Kahlert asked for the Board’s support.
Mr.
Richey stated that a lot of today’s presentation (Exhibit A) deals with the
overall project. He referred to a recent article in the Orlando Sentinel which mentioned the Horizon West project. He
stated that the Karlton project will go through a detailed analysis that will
meet or exceed anything that happened in Orange County on the Horizon West
project. He stated that going through the Regional Planning Council is one step
more than Horizon West had to follow.
Real
Estate Research Consultants
Mr.
Bill Owen, founder and president of Real Estate Research Consultants, stated
that he has been working and living in the Central Florida market for almost 30
years. His presentation, Growth Trends Analysis, (Exhibit A) is focused on the
local study area. It summarizes residential and commercial development patterns
and included the following:
·
Annual Employment Growth, Metro Orlando, 1998-2005
·
Annual Employment Growth, Metro Orlando, 1970-2005
·
Average Annual Population Growth, Lake County and 5 County
Region, 1980-2005. Currently 2.5 million people in the 5 county area.
·
Annual Population Change, Metro Orlando, 1970-2029
·
Average Annual Population Growth by County, Historical and
Estimated
·
Average Annual Household Formations by County, 1990-1999 vs.
2000-2005
·
Annual Building Permits by County, 2000-2005
·
Annual Building Permits Lake County and 5 County Region,
2000-2005
·
Karlton Study Area Map
·
Karlton Study Area Active Subdivisions Map (less than a 1.5
year supply)
·
New Residential Construction Karlton Study Area 1990-2004
(400% increase)
·
Karlton Study Area Existing & Emerging Employment
Centers Map
·
Estimated Employment Gains 2005-2020: 10 Mile Radius Around
Karlton
·
Estimated Employment Generated by the Karlton Development
Program (3,700-3,800 jobs, 2/3 medically related)
·
Summary: Employment and population growth are occurring in
Central Florida at a record pace; economic foundation guarantees continued
expansion and housing demand; Karlton Study Area is in “path of growth”; ready
access to regional employment centers is critical to “smart growth”;
attractive, well-planned communities will “capture” growth potential.
Kilday
& Associates, Inc.
Mr.
Kieran Kilday, Kilday & Associates, Inc., land planners and zoning
consultants, stated that they are the primary land planner on this project. His
stated that this is the first of a three-part process. His presentation
(Exhibit A) included the following:
·
Lake County Comprehensive Plan, Policy 1-1.6: Function of
Future Land Use Categories. The primary function of the Urban Expansion area
shall be to contain urban sprawl, to economically provide for public facilities
and services, and to provide for the efficient use of land while providing for
the retention of adequate levels of open space and native habitats.
·
Site Map
·
Site Map - close-up (seen as infill)
·
Karlton Master Development Plan - Map H
·
Karlton Phasing Schedule (5,211 units in 3 phases over a
10-year period)
·
Karlton Land Use Chart (2,496 of 5,211 residential units to
be age-restricted)
·
Karlton Master Development Plan (5-mile aerial photograph)
·
Karlton Master Development Plan (aerial, includes lakes)
·
Karlton Master Development Plan (aerial, includes Parkway)
·
Karlton Master Development Plan (aerial, includes a
pedestrian pathway system)
·
Karlton Master Development Plan (aerial, includes mixed use
medical/institutional community commercial)
·
Karlton Master Development Plan (aerial, includes 50-acre
institutional/school site) (after 10 years, will generate enough elementary
school students for 42% of capacity, 58% will be capacity to the greater south
Lake County area; generate enough middle school students for 20% capacity;
generate 12% of high school capacity)
·
Karlton Master Development Plan (aerial, includes Karlton
Commons and active park area; village center made up of retail, office, civic
uses)
·
Karlton Master Development Plan (aerial, includes
age-restricted residential, primarily on the north part of the site)
·
Karlton Master Development Plan (aerial, includes
residential, not age-restricted, on the south part of the site)
·
Karlton Master Development Plan (aerial, includes community
college east of the Orange County line)
Mr.
Kilday confirmed that they intend to build the schools. A 5-acre site has been
set aside for a public safety facility but construction of it has not been
discussed. He stated that the land immediately to the north, about 80 acres, is
Conserve II which is owned by Orlando/Orange County and has a reclaimed water
facility. That property, along with 40 acres owned by Karlton, makes up a
natural upland site.
Mr.
Richey confirmed that 5,211 homes is the maximum allowed in the current DRI but
this Board could reduce that number.
Donald
W. McIntosh Associates, Inc.
Mr.
Richard Levy, Donald W. McIntosh Associates in Winter Park, project engineers
and planners, stated that he will show the Board why this area of Lake County
is justified being designated Urban Expansion, focusing on the transportation
issue. His presentation (Exhibit A) included the following:
·
Karlton Location Map. Regional roadway system consisting of
SR 50, US 27, US 192 and SR 429.
·
Lake-Sumter MPO Long Range Transportation Plan (map). In
this part of Lake County, only SR 50 provides multi-lane east/west connection
into the metro Orlando urban area.
·
Horizon West (map). The construction of the SR 429 beltway,
in western Orange County, contributed to enormous urban growth, including
Horizon West. Horizon West contains over 45,000 residential units on over
30,000 acres.
·
Town Center (map) on the eastern side of the Orange County
line, has a significant quantity of urban development.
·
Horizon West/Town Center Summary. 1,686 acres, 5,600,000
square feet of office, 2,000,000 square feet of retail, 6,400 residential
dwelling units, miscellaneous industrial and hotel uses.
·
Karlton Master Development Plan (map). The developer will
build the four-lane Karl Kahlert Parkway at the start of the project.
Approximately 130 acres of right of way will be dedicated. The project cost is
estimated to be around $36 million, including the cost of right of way. One
amendment is to add this roadway into the County’s Capital Improvement Program;
another amendment is to add it into the Traffic Circulation Element of the
Growth Management Plan. The project is designed to connect on a north/south
basis into the planned future roadway network into south Lake County. Karlton
is committed to make sure there is not one way in/one way out of the project.
The corridor will be designed with transit in mind and meetings have been held
with LYNX. Due to the mixed use nature of the project, mixing jobs and housing,
there is a high degree of internal capture. There will be a lower impact on
external roadway systems than is typically found in a traditional residential
development.
·
Lake-Sumter MPO Long Range Transportation Plan (map).
Four-laning of Hartwood Marsh Road is scheduled for 2007 providing an
additional east/west access in this area. The six-laning of US 27 from US 192
to SR 50 is in various stages of design, right of way acquisition and
construction and is phased through 2012. The widening of SR 50 to six lanes is
in the State’s five year plan. The construction of interchange ramps connecting
Karl Kahlert Parkway to SR 429 is planned for completion at the end of 2008 or
beginning of 2009. Mr. Levy stated that the impact on the roadway system is
metered. It does not happen all at one time and the Board ultimately controls
the timing and staging of development on this site as the applicant comes back
with a DRI development order. Mr. Levy stated that they will pay their fair
share of roadway improvements as are deemed necessary as the phasing plan is
put into place.
·
Transportation Summary. The Karlton project provides the
most logical, feasible east-west corridor to connect south Lake to west Orange.
Karl Kahlert Parkway provides a creative way for the County to build needed
regional transportation improvements. The Karlton Project will mitigate its
transportation impacts as required by state law.
Donald
W. McIntosh Associates, Inc.
Mr.
John M. Florio, Vice President, Donald W. McIntosh Associates, Inc., spoke
about water resources. He explained that this project is in a special area. It
is part of Lake Wales Ridge, it is a high recharge area and is included within
a priority water resource caution area. In the 1960s, 1970s and 1980s the
property was almost exclusively used for citrus and agriculture. Since the
freezes, some small parts have been used for nursery and plant production. Over
that time, many wells have been drilled and eighteen wells, not all active, are
still on the property. Orange County and the City of Orlando have wellfield
facilities on this property and have been irrigating it more than twenty years
through agreements with Conserv II. Mr. Florio stated that their water
resources consist of potable water, wastewater, non-potable water, stormwater
and ground water recharge. He stated that the Karlton Project is within the
Lake Utilities Services, Inc., service area. Lake Utilities Services, Inc., is
a Florida Public Service Commission certified utility provider, a national
company, with a service area in this region of over 39 square miles. They are
required and committed to serve the Karlton property with potable water,
wastewater treatment and reclaimed water for non-potable uses and irrigation.
Mr. Florio stated that Lake Utilities Services, Inc., has treatment facilities
in place to serve a large part of the Karlton project. He stated that the
project, at build out, will need approximately 2 million gallons per day of
potable water and between 1.5 and 2 million gallons per day of non-potable
water. The need for treatment is approximately 1.5 million gallons per day. Mr.
Florio stated that Lake Utilities Services, Inc., permitted in April for a
1,500 foot deep well for consumption about five miles south of the Karlton
project site. Because it is in the lower Floridan Aquifer, as opposed to the
upper Aquifer, it has virtually no impact on surficial water bodies, no impact
on lakes and has increased their current capacity of a million gallons per day
of potable water. He stated that Lake Utilities Services, Inc., received a
grant from the St. Johns River Water Management District to provide additional
affluent reuse capability and expand their reclaimed water system to provide
non-potable sources.
Regarding
conservation, Mr. Florio stated that most of the regional problems are due to a
lack of controlled use of a water resource, specifically, abuse. The
technologies associated with landscape design and irrigation design and
stormwater and effluent reuse have moved forward significantly as a result of
water resource issues in Florida. The Karlton project is looking to bring the
conservation element to the forefront of their development because they recognize
that it is a very special resource. He stated that they are looking at
incorporating Florida Water Star and Florida Energy Star principles, special
drought-tolerant sods and plantings and different levels of plantings that
require different irrigation needs. He stated that they have engaged Dr. Pierce
Jones of the University of Florida, who runs the Program for Resource Efficient
Communities.
Because
the time allowed for the applicant’s presentation ended, Mr. Richey stated that
comments by Mr. Steve Adams, LPG Environmental & Permitting Services, Inc.,
will be made at the end of the public hearing.
RECESS
& REASSEMBLY
At
10:20 a.m., Commr. Hanson announced a ten-minute break.
PUBLIC
COMMENTS
Commr.
Hanson asked that speakers not be repetitious. She clarified that different
representatives from the municipalities will be allowed to speak.
Ms.
Kyleen Fischer, Lake County School Board, expressed concern that the project
gives oral statements of how they will help the school system but that nothing
in writing has been received. She expressed concern that we are talking about
concurrency and impact fees and that there is no deliberate document that
outlines exactly what is being offered. She stated that, at this time, she, as
a School Board member, is opposed to the project that will not put their intent
in writing.
Commr.
Hanson asked for a response to what the process is and what assurances there
are that schools would be built.
Ms.
Sticklin stated that the DRI development order may contain conditions regarding
the timing of the construction of the schools and the application of school
concurrency. As an alternative, this Board may require that an agreement with
the School Board be in place before the issuance of the development order. She
stated that the Board could issue a conditional approval or require that the
agreement with the School Board be executed before the adoption hearing.
Mr.
Ray Gordon, a resident of Kings Ridge in Clermont, stated that he is opposed to
the project as it is being proposed because of the extreme density. He stated
that he would like to make sure that, should this project be sold, everything
must follow with it.
Mr.
Jim Purvis, a resident of Kings Ridge and president of a homeowners’
association with 2,088 homes and about 3,500 residents, stated that there is no
demonstrated need for this project. He pointed out that it will greatly, and
forevermore, impact all the existing residents and the 10,000 approved but
not-yet-built homes in south Lake County. If following the City of Clermont’s
densities, which are based on usable acreage, not gross acreage, this project
would approximate about 1,000 or 1,500 units less than the proposed 5,200
units. He urged the Board to seriously consider transmitting that as a density
figure rather than 5,200. He asked that the Board not approve this DRI in its
present form.
Mr.
Len Hamel, a resident of Kings Ridge in Clermont, stated that he has heard a
lot of opposition to this project. He stated that he has not heard any
checkpoints for the three phases of the program. He asked, if the goals are not
met, where will they be stopped.
Mr.
Ed Proli, a resident of Summit Greens in Clermont, stated that, because of his
background, he knows about public safety, firefighter/paramedic response,
police presence and ambulance service. He stated that Lake-Sumter EMS has
reduced their service within the City of Clermont from one and one-half every
day to no ambulances at night. He stated that we cannot depend upon mutual aid
and that the City authorized over $2 million for a fire station and additional
personnel to reduce response times from eight minutes to three or four minutes.
He stated that, even though the applicant will provide a site, there will be
annual recurring costs for firefighters and police. Mr. Proli requested that
the Board leave the zoning as it is and let an orderly transfer take place,
allowing Lake County to build up ambulance, police and fire services.
Mr.
Robert Johnson, President, Chamber Alliance of Lake County, stated that the
Chamber Alliance represents seven chambers of commerce comprised of 2,500 local
businesses. He stated that the Karlton project has the potential of
significantly impacting all of Lake County and portions of surrounding
counties. He stated that his comments are for the benefit of the Chamber
Alliance members but should not be taken as an endorsement for or against the
project. He made the following points:
Mr.
Choice Edwards, a resident of Clermont, stated that he is very disturbed about
how stealthily this has come upon us and he is dismayed at how the
Comprehensive Plan can be completely negated by an amendment and change of
zoning, often without much public input or public awareness of its
implications. He stated that Karlton is symptomatic of a broader issue and that
the current Comprehensive Plan has been violated and abused. He implored the
Board to keep everyone, all governmental agencies and citizens, informed about
significant formal and informal activities that may come forward for approval
or transmittal. He implored the Board to stick unwaveringly to the Comprehensive
Plan. He stated that small changes are understandable, major ones are appalling
and bewildering.
Ms.
Judy Proli, a resident of Summit Greens in Clermont, stated that she has been a
Florida resident more than 50 years and she opposes the Karlton development.
She stated that she is not against reasonable growth but the Karlton
development does not qualify, in her opinion, as reasonable growth and changing
present zoning to four houses per acre does not sound reasonable. She asked the
Board to consider the effect this project will have on our overcrowded schools
and highways and the impact it will have on our water supply. She urged the
Board to vote against this massive development.
Ms.
Ruth Riley, a resident of Kings Ridge in Clermont, stated that she wants to
speak against the project as it currently exists for reasons such as traffic,
roads, schools, emergency services and our environment. One presenter made a
comment that the reason all these people are moving to our area is because it
is a great place to live. She stated that she came here because of the
beautiful rolling hills, the rural atmosphere and the lack of urban sprawl. She
implored the Board to maintain our Central Florida for the reason she moved
here.
Mr.
Hal Turville, Mayor, City of Clermont, stated that the first step in this
process is to convince us to change our Comprehensive Plan from environmental
protection and rural agricultural to 12,000 people. He stated that he heard
language such as “as this area grows,” “donut hole” and “infill” and this is a
textbook example of urban sprawl. He stated that the project is on
environmentally sensitive land in an area of special concern as relates to
water. He stated that urban sprawl represents the least efficient, most
expensive way to try to provide urban services and he asked if we going to
choose Karlton or are we going to choose to raise taxes. He stated that he
heard about free roads in previous presentations but today he is hearing about
a private/public partnership and a capital improvement amendment. He asked if
the collective we, as it relates to schools, means a Community Development
District (CDD) or a benefit district or if the cost will be put on the homes.
He stated that he asked how much a CDD would impact a homeowner in year one but
they did not know the answer. Mr. Turville stated that this project embraces a
hospital that they do not have a Certificate of Need to build. All the economic
development, two-thirds of the jobs, is associated with it. He stated that one
of the intents of joint planning is that it would make it much easier for the
County Commission to protect the rural nature of this County. He asked, if we
draw this line further out, what will happen when they go outside of that. He
stated that, once this project is approved, he is not sure how others can be
denied. He stated that the people in the audience are concerned that they will
be paying with their pockets and will absolutely be paying with their quality
of life. He pointed out that Publix or Winn-Dixie will not be there on day one
and the folks in the audience will be paying with impacts on their future. He
stated that thousands and thousands of people who were not there last week will
be standing in line at Publix. He stated that the Karlton Parkway will not go
anywhere but where the rest of the roads go now and will benefit absolutely no
one unless they are somewhere south of the Karlton Parkway and choose not to go
US 192, the closer way, to get on it. As relates to parks in the City of
Clermont, there are 700 boys in the Little League program, of which about 200
are Clermont children.
Commr.
Pool asked Mr. Turville if he considers Kings Ridge, Summit Greens and Legends
assets to Clermont. Mr. Turville answered that he would say, today, yes. Commr.
Pool asked Mr. Turville if he supported and embraced those developments. Mr.
Turville replied that Kings Ridge was a County approved project that the City
had to adopt after the fact because it was on their borders. Mr. Turville
stated that one of his greatest dissatisfactions is that the City of Clermont
does not plan the City anymore because it is essentially built out; he added
that the Board is planning the City now.
Mr.
Steve Johnson, attorney representing the Lake County School Board, stated that
he was asked to report the position of the School Board. He shared the
following facts. From fall 2001 to fall 2005, in the 67 school districts in
Florida, there was an increase of approximately 173,000 students, about 6.84%.
From fall 2001 to fall 2005, there was an increase in Lake County from
approximately 30,400 to 37,848, or 24.47%. The four-year increase in Lake
County of 7,448 students would have filled three elementary schools, two middle
schools and one high school. The County Commission increased school impact fees
to $7,055. The School Board believes the cost of a student station currently is
twice that amount. Mr. Johnson stated that the proposed development has asked
to increase the student population of Lake County by 944 students. He stated
that, about three years ago, there was a deficit in current facilities, not
including new growth, of over $200 million. Since that time, the School Board
has essentially bonded, financed and borrowed every dollar that it can for
capital projects. He stated that the School Board asked him to bring a message
that, until there is confirmation that the Karlton development will not have a
direct impact on the current $200 million deficit in facilities, they cannot
offer their approval or their consent or agreement in any way to proceed with
the process. He stated that they realize today’s hearing is merely for approval
to transmit; however, this is the first step in the process. He stated that
they have been burned by developers in the past in this kind of process because
they promised to provide a school site on the condition that the School Board
would say it would not object. He stated that the School Board has been left
empty-handed in some of those situations. He stated that, in negotiating with
some developers, they offer to donate land but take away the impact fees. He
stated that the School Board has issues about the financial benefit districts.
Different methods can be utilized to finance some of these on the part of the
developer that essentially reduces the tax dollars that would be received by
the School Board in the same area. He thinks several members of the School
Board expressed the concern that they are not interested in creating economic
segregation in the schools. During school concurrency discussions, some developers
want to have chits so that the kids in the builder’s houses go to that school.
The kids in a neighborhood that are much more amenable to transportation costs
and administrative costs will not go there because the developer holds certain
chits. He stated that the School Board does not have an agreement. He
reiterated that until the developer and the School Board can agree on a written
agreement that cannot be broken or changed, the School Board is unwilling to
offer its approval of this development. He urged the Board to not go to the
next step and not process this to DCA until those concerns are met.
Mr.
Rodger Anderson, a resident of Orange County, stated that people who develop
property have been portrayed as being evil or bad. He stated that people have
the right to move to Lake or Orange County and the developer is just meeting a
need. He stated that the Karlton people have a great reputation and will do
what they say. If they say they will build a road without cost to the County or
build schools, they will, and the Board has the right, as part of the approval
process, to make sure that is in writing with the school system. He stated that
there are lots of checks and balances.
Mr.
Alan Parrow, a resident of Minneola and President/CEO of Pringle Development,
stated that this is the first time he has ever spoken in favor of a
competitor’s project. He stated that making a ton of money is what America is
all about and that developers typically make less profit than do most other
industries. He stated that throughout the country opposition to growth has
resulted in a variety of measures designed to limit or manage growth. Zoning
restrictions, growth boundaries and impact fees have had the observable
consequence of increasing housing prices, restricting choices, making homes
unaffordable to our citizens and, most importantly, slowing economic
development. He stated that the fundamental benefits of growth today are
obscured by several years of uninterrupted prosperity. Mr. Parrow stated that
anti-growth forces fail to recognize the foresight of our Florida legislators
and the new bills regarding concurrency and the level of scrutiny to which
development plans must be submitted. Mr. Parrow stated that he has never met or
talked to Mr. Kahlert or any of his staff. He stated that the Karlton project
is the antithesis of sprawl. He stated that it is a project adjacent to one
already approved for 20,000 houses and huge commercial impact. He stated that
this is an area that is surrounded by high density development. He stated that
the people in the audience are retired and they do not necessarily have a
long-term vision of our County. He stated that this project will ensure jobs
for folks in the construction industry which has carried this economy for a
long time. Mr. Parrow stated that he could have easily filled this hall with
220 of his employees and he guaranteed that they would be here arguing in favor
of this project. He stated that thousands more in the trades, electricians,
masons and plumbers, would be on the side of transmitting this.
Mr.
Robert Knopf, a resident of Kings Ridge in Clermont, stated that there
apparently are no literal commitments if this is transmitted but there is an
implicit one that whoever votes for it somehow agrees with the whole scheme. He
stated that he is from Fairfax County, outside of Washington, DC, and in 31
years saw that area roughly triple in size. He advised that, in Fairfax County,
a landowner acquires property under the status quo and the system does not
obligate itself to let you change the status quo in order to be more
profitable. Mr. Knopf stated that he gives the proposal a thumbs down.
Ms.
Phyllis Smith, a resident of Clermont, stated that she hopes the Board will
consider the children before proceeding with this change. In August, she will
be starting her tenth year as a volunteer in Lake County schools. She attends
School Board meetings and realizes what dire straits the schools are in now.
She stated that the hills of Lake County are not filled with music, they are filled
with the sound of bulldozers clearing area for large developments. She stated
that residents can express their concerns and go to the polls.
Mr.
Jack Hogan, City Council, City of Clermont, stated that he won his recent
election by 64% on the basis of his concern about water, traffic and schools.
He related that, at a recent meeting, only six of about sixty people knew about
this project which has been underway three years. He is appalled that East
Ridge High School, which is four years old, has 17 huts out back for kids. He
stated that this project is on the south side of his area and he asked, if
12,000 people are plunked there, where will those kids go to school. He
remarked that he has not seen anything in writing. He stated that those schools
would be filled very easily from that immediate area and there still will be a
problem of where their students will be put. Mr. Hogan referred to newspaper
quotes by Commr. Cadwell regarding growth in and around Umatilla that will add
about 380 students to three schools that are beyond capacity. He stated that
Karl Corporation bought the property from Disney knowing they could build about
500 homes. He stated that there is a terrific difference between 5,000 and 500
and he urged the Board to vote no on this project.
Mr.
Wayne Saunders, City Manager, City of Clermont, stated that he represents the
City Council. He presented and reviewed a summary of City of Clermont issues
(Exhibit B) which included the following:
Ms.
Tamara Richardson, Director of Engineering and Utilities, City of Clermont,
stated that, according to the St. Johns River Water Management District
(District) and their East Central Florida Groundwater Model, groundwater
withdrawals from the Floridan Aquifer must be limited to prevent adverse
impacts to our lakes and wetlands. The withdrawals that the District have
identified as sustainable are nearly used up and competition for the remaining
allocation is fierce. Because of the way the District did their permitting
during their development of their water supply plan, it requires a lot of
existing permit holders, including the City of Clermont, to come back and
reapply. The City is competing with new withdrawals, and with projects that
have been approved, to supply water to its existing residents. The District has
nearly 30 open permits vying for the same groundwater allocation that the City
of Clermont and this project will be asking for. Once this groundwater
allocation is gone, the water suppliers will be required to find alternative
water supplies. The cost for alternative water supplies would be in the tens of
millions of dollars and would be passed on to existing residents. She pointed
out that she is not a consultant, she is a staff member trying to balance the
needs of the existing residents with the environment. She stated that getting
permits from the District is very difficult, financially and with staffing. Ms.
Richardson stated that reclaimed water has become as precious as potable water.
Orange County and the City of Orlando are being influenced to supply Clermont,
Groveland, Minneola, Winter Garden and Ocoee with reclaimed water and have
invested millions of dollars to redirect their own reclaimed water to be used
in Orange County to meet the requirements of their own permit. She stated that
there is not a lot of reclaimed water left. She explained that reclaimed water
will not be available when the project begins because it is not economically feasible.
They will be using totally groundwater withdrawals. Ms. Richardson stated that
the groundwater outlook for Lake County is grim.
Mr.
Bob Foley, a resident of Montverde, SAC Chair at Windy Hill Middle School and
Vice SAC Chair at East Ridge High School, stated that he has heard that the
applicant will build the schools but he did not hear who will pay for them. He
asked how decisions can be made without absolute agreements with the School
District. He stated that, under state law and under the data that was provided
by the applicant and the School Board, the School District could have to
possibly finance up to $24 million to pay for these two schools. That is an
encumbrance on all the taxpayers in the audience. Mr. Foley stated that there
are too many “ifs.” He stated that the due diligence process should be done. He
urged the Board to vote no on the transmittal.
RECESS
& REASSEMBLY
At
12:00 noon, Commr. Hanson announced a one hour lunch break.
PUBLIC
COMMENTS (CONTINUED)
Mr.
T.J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization
(Lake-Sumter MPO), explained that the Lake-Sumter MPO adopted a 2025 plan in
December 2005. He stated that connections in south Lake County are glaring
needs. The primary artery, east and west, is SR 50, for commuter patterns to
Orange County. South of SR 50, the next arterial is US 192 and no other
arterials are planned at this point. The only other road improvement, a
collector road, is the widening Hartwood-Marsh Road and that will be an
incremental process. Mr. Fish stated that there is a need for at least one
arterial between SR 50 and US 192. Due to the cost of an arterial, that
connection would likely be a toll facility under current conditions. The
Lake-Sumter MPO has asked the Orlando-Orange County Expressway Authority
(OOCEA) to do a financial feasibility study which would determine if there are
enough trips to warrant doing a study and design of an expressway. If the OOCEA
were to approve that road, it would be 2015 before that need could be met. He
stated that the Karl Corporation asked to talk to Lake-Sumter MPO staff about a
year ago about meeting some of the regional transportation needs by proposing
to connect US 27 to SR 429 and providing 220 feet of right of way.
Ms.
Dorothy Fears, a resident of Kings Ridge in Clermont, a former commissioner in
Washington, DC, stated that she is impressed with the project. Ms. Fears
presented a statement (Exhibit C) which related to her May 24, 2006, meeting
with Mr. James Hollingshead, P.G., Supervising Regulatory Hydrologist, Division
of Water Use Regulation of the St. Johns River Water Management District
(SJRWMD). She stated that, according to Mr. Hollingshead, if the Karlton
project is not approved, the water will be allocated by SJRWMD to Orange County
and that the Karlton project will implement alternative water supply methods.
Ms.
Anne Bueter, a resident of south Lake County, stated that the Kahlert family’s
vision is not the vision of the current citizens of south Lake County. She
asked if putting another 12,000, 15,000 or 20,000 people into this rural area,
which is designated one home per five acres, is in the best interest of the
citizens who live in south Lake County. She urged the Board to stop this
massive project.
Ms.
Elaine Renick, City Council, City of Clermont, stated that she has received
numerous e-mails from people who feel strongly against this project. She stated
that the checks and balances are about mitigating the impacts but saying no to
this today will avoid mitigating those impacts. She remarked that it seems we
use development to justify development. She stated that she has not heard any
figures from the Sheriff on what this development will cost in extra deputies.
She stated that to suggest this is infill is to suggest that anything that is
not paved over is infill. Ms. Renick stated that Lake County and the
municipalities formed the Lake County Water Alliance (Alliance) because of the
concern about water. She stated that they voted recently to take our issue with
Orange County’s request for more water for their consumptive use permit to an
administrative hearing with SJRWMD. She stated that she does not know how we
can take a stand against Orange County for increasing their withdrawals and
decide it is okay for us. She described water conservation measures and stated
that we give that conserved water to new development. Ms. Renick stated that
since the County okayed Kings Ridge, which was about three miles out of town,
everything has filled in behind it. She stated that, if Karlton is approved out
in the country, the same thing will happen towards Clermont and Four Corners.
She agreed that we are heavily dependent on the construction industry and it
will be over when we are built out. She stated that she does not want to wait
until Lake County is totally paved over.
Commr.
Pool stated that he did not approve Kings Ridge but that he annexed it as
Clermont’s Mayor to be sure they could vote and have a voice in the community.
He asked Ms. Renick if, given the chance, would she approve Kings Ridge.
Ms.
Renick responded that she would not and that development should be from the
city out.
Mr.
Bill Turnbull accused the Lake County Commission of failure to provide for the
common good. He stated that this property will exhaust our water, clog our
roads and stress overcrowded schools, all to satisfy the greed of less than 1%
of the population, the corporate builder. He asked how will we supply the
energy for Karlton if another embargo happens. He stated that Central Florida
is rapidly closing in on the 650 million gallons of water that experts say can
be safely pumped from the ground each day without serious harm to the
environment. He stated that we do not have enough water for tens of thousands
of new lawns and that most of the construction workers will be foreign
nationals, not Americans.
Mr.
James Hicks, a resident of Kings Ridge in Clermont, stated that this rural
area, with current zoning of five acres per home, is fine the way it is and
that a project of this size is not needed. He believes a project of country
estates would be proper and consistent with current zoning. He stated that he
does not think the data used by the realty consultant supports his growth
projections for the out years or supports the need for quarter-acre lots. Mr.
Hicks stated that this property is surrounded by a state park, a wetlands area,
Conserve II, and a still-working grove. He stated that he expects a dramatic
increase in traffic on Hartwood-Marsh Road and Hancock Road because of connector
roads. He pointed out that SR 429 is a toll road and that we should let the
Expressway Authority put in another toll road. He stated that he hopes, if the
Board feels the need to approve this transmittal today, it is kept within the
current zoning.
Ms.
Nancy Fullerton, speaking as Alliance to Protect Water Resources (APWR) Land
Use and Water Issues Chairman and as a resident of Clermont, asked the Board to
recall the 2002 land use amendment hearings for the Hartwood-Marsh properties
which had the same cast of characters and a similar setting. It is election
time and the conflict is over land use change amendments that drastically
increase the density of the area. She referred to her April 11, 2006, letter
(included in the backup material) in which the APWR Board of Directors asked
the Board to deny this future land use amendment and its subsequent transmittal
to DCA. Regarding the transmittal being a procedural step, Ms. Fullerton stated
that she cannot think of a single case of Board reversal at final approval
time. She stated that they believe this hearing is the most crucial step in the
process and, if approved, will change the destiny of south Lake County. She
stated that it is crucial because this is where the project can stop. She noted
prior comments about the water situation, especially those of the City of
Clermont. She stated that new state laws are close to coming to link land use
plans to district water supply and Lake County is involved in two battles in
the water war.
Ms.
Nancy Bell, a County resident, asked the Board not to approve this transmittal.
However, if the Board plans to vote in favor of adding more than 5,200 homes,
Ms. Bell had the following questions. How much development is too much? How
crowded should our schools be before the Board says enough is enough? She noted
that some schools in south Lake County are 150% capacity. She stated that
voters have a right to know if Board members stand with special interests, with
the children and their families, with the voters, or with the School District.
She stated bigger is not always better. She reiterated her request to the Board
not to approve this transmittal.
Mr.
Keith Mullins, City Council, City of Clermont, stated that he is the
pro-business member of the Council but he does not see jobs in this
development. He stated that the applicant’s presentation showed potential job
growth around Karlton but not in Karlton. With 12,000 people (950 of which are
school students) and 3,700 jobs, about 7,300 people would be driving down the
road to go to work. He pointed out that a lot of people in Summit Greens, Kings
Ridge and The Legends still hold part-time jobs. Mr. Mullins stated that his
problem with this residential planned community is that there are no real jobs
for the residents of Lake County and that there are not enough high paying
jobs, above the County average, within this project to support itself. He
stated that the real jobs are in Orange County and we are duplicating the same
problem over and over. He stated that, if people worked in this community, they
would be involved in this community and it could grow to a city someday. He
stated that all the Board is doing now is building bedrooms for Orange County.
He stated that he is the pro-growth guy in south Lake County; but, not this project
in this place at this time.
Commr.
Pool asked if Mr. Mullins had put a pencil to how many jobs would be created by
five-acre tracts. Mr. Mullins responded that he had not. Mr. Mullins asked
Commr. Pool how much traffic would be generated by 380+ homes. Mr. Mullins
added that there are a lot of really good things in this project but there are
more negatives than positives.
Mr.
Jimmy Roper, a lifetime resident of Orange County and Lake County, stated that
his relatives homesteaded in Winter Garden five generations ago and they have
been active in the citrus business approximately 150 years. He stated that he
has been active in the real estate business in Orange and Lake Counties for 45
years. He stated that he has known the Kahlerts since before the final
acquisition of the Karlton property. Given their reputation and the responsible
plan they presented, he stated that he is in favor of their development. He
stated that he has owned adjacent property to the south more than 70 years. He
stated that he recognizes responsible growth and he thinks this will be a
windfall for south Lake County. He stated that he wants to be on the record as
being in favor of this project, personally, and for his family.
Mr.
John Brandeburg, whose family has lived in unincorporated Lake County for
twelve years, stated that he is a real estate broker and does development in
commercial and industrial real estate. He stated that he has nothing to do with
the Karlton development. He stated that the slides on growth that were shown are
100% consistent with the kinds of things they have seen all along in this area.
He stated that he believes growth is coming. He stated that he tries to bring
good jobs to Lake and Sumter Counties as part of his mission in business. He
stated that the Board is capable of documenting Karlton’s promises in a way
that the County could get the benefit from them. He stated that he has not
heard anyone computing what the income would be to the County. He stated that,
when more people come and the growth pays its way, it has the potential to help
the school system problems, the road problems and a lot of other issues. He
stated that, in his view, this will bring jobs. He stated that this is a time
for leadership and he hopes the Board will support this.
Ms.
Kerrie Ireland, who moved to Clermont five years ago, stated that she is
concerned about schools, water, services, roads and other things. She stated
that the schools, which are overcrowded and are older and rundown, are her main
concern. She stated that Minneola Elementary has one restroom, stalls in Gray
Middle’s bathrooms have no doors and children sit outside to eat lunch. She
stated that Pine Ridge, a new school located next to the water treatment plant,
has portables and toilets cannot be flushed because of water pressure. Ms.
Ireland stated that approximately 53% of our high school children graduate and
27% of that number go on for further education. She stated that we are creating
a community that our own children will barely be able to afford to live in. She
stated that water is a huge problem. She has a well, has orange water and
spends over $50 per month for drinking water. She stated that this will be a
relief for Horizon West and nothing for Clermont.
Mr.
Mark Esche stated that his folks came to Lake County in 1982 because of the
quality of life. He stated that his family moved to Levittown, Pennsylvania,
which had 17,400 planned community homes, and he was never in a portable
classroom during his years in public schools. He stated that Lake County children
spend their school years in a portable classroom, in a co-teaching environment
and in year-round schools or double sessions. Mr. Esche stated that 5,200 new
homes in any part of Lake County will put a huge strain on the County as a
whole. We only have so much water or money and he has great difficulty
believing 5,200 homes would pay their way and would present little or no impact
on the County’s resources. He pointed out that the requested increase in
density would be ten fold.
Mr.
Robert Kelly, President of Citizens Coalition of Lake County, stated that the
Citizens Coalition represents more than 200 people in Lake County. He opined
that many more developments will be jettisoned off this development. He related
a story about a developer, in Jackson, Wyoming, who wanted to build more than
2,000 units on 1,700 acres not far from the city. He stated that the county
commission denied the project. After three years of reworking the project, the
county, city and the community told the developer they could develop with the
existing allowed 480 units and commercial clustered on 500 acres. The developer
would have to donate the remaining 1,200 acres to open space to be a boundary
around the area. The developer agreed to the proposal and has submitted an
acceptable design. He stated that Karlton’s design of approximately 38 acres of
upland natural habitat for a 2,000-acre project is a far cry from the Jackson
quality scenario. Mr. Kelly stated that the current inventory of parcels in
Lake County supports a population of approximately 900,000 people and our
current projection for 2025 is 470,000 people. He stated that, if we do not
increase density on one parcel of land between now and 2025, we can still
accommodate twice as many people as are projected. Furthermore, the population
growth supported by the expansion plans of Mascotte, Groveland and Minneola far
exceeds the population projections for south Lake County. He stated that
Karlton is not needed in Lake County and it is not wanted by the community. He
stated that this Commission should deny this land use transmittal today.
Ms.
Pam Burtnett, President of the Lake County Education Association and a resident
of Mount Dora, stated that Dr. Seuss published a book, The Lorax, which describes the far-reaching impact that one single
decision can make. She stated that the Karlton project is very complex and, in
its complexity, the potential effects in Lake County are profound. She
presented copies of the book to members of the Board and asked that they
consider its message in weighing their decision. She stated that, as the Lorax
speaks for the trees that have no tongues, the Lake County Education
Association speaks for the children who have no voice.
Mr.
Egor Emery referred to the Comprehensive Plan’s Objective 1-1(B)(1), Objective
1-3(A), Objective 1-7, Objective 1-8, Objective 1-10, Objective 10.2 and
Objective 7-11. He stated that we heard information that the commercial use is
expanding and this is a logical extension. He stated that is an indictment of
the mistakes we have made in the past. He asked that we grow logically in urban
areas first. He stated that Lake County should not be in the business of
approving urban development in the rural areas. He agreed that attractive, well
planned communities will capture growth; however, internal capture applies to
our cities and we need to support our cities. He stated the Karlton project and
the Four Corners area will not be cities. He asked the Board members to decide
today what population they are prepared to build the infrastructure to support
and communicate that to the LPA (Local Planning Agency) and the public. He
asked the Board to let the LPA finish their job, then adopt and follow that
plan. He stated that DRIs should be a part of the comprehensive plan.
Ms.
Joyce Abney stated that she lives over the county line and that she and her
neighbors are some of those impacted. She stated that she is the President of
the Lake Hickory Nut Homeowners Association. She stated that the Karlton
property, Sawgrass Lake and Sawgrass Bay flow to Lake Needham and into her lake
during the rainy season. She stated that they monitor the quality of their lake
through the University of Florida’s Lake Watch program. She stated that they
are very concerned that they will receive more runoff that will degradate their
lake and possibly flood them. She stated that they are in Horizon West and will
have 6,700 homes around their lake. She stated that this property is in the St.
Johns River Water Management District even though it flows to the Kissimmee
River which is in the South Florida Water Management District (SFWMD). She
stated that SFWMD is in the process of trying to make stricter rules as to the
quantity and quality of runoff water. She stated that she hopes they do not get
to develop the property but, if they do, she would like to see them agree to
abide by the new higher standards for discharge of runoff. Ms. Abney stated
that Horizon West was in the planning stage more than ten years. She opined
that the Karlton developer feels that if they build it, they will come. She
stated that if it is not built, they will go somewhere else.
Ms.
Patricia Donahue, who lives north of Minneola, opined that there is a bigger
issue than Karlton and that issue is who is our God. She stated that, according
to scientists, Florida took at least 6,000 years, maybe millions, to create.
She stated that a satellite view of Florida shows the Miami/Dade, Tampa,
Orlando and Jacksonville areas as large grey rectangles. She stated that we
have endangered species. She stated that the proposed school site near Minneola
was in the wrong place and it would have spurred the growth of 10,000 houses on
the second highest hill in peninsula Florida.
Ms.
Tammy Phelps stated that she represents approximately 300 members of VOICE (Voters
Organization Involved in Children’s Education). She stated that VOICE is
requesting that the Board deny the transmittal of the Karlton DRI until a time
when there is a signed interlocal agreement between the Lake County School
Board and the developer that adequately addresses the school impacts. She
stated that members of VOICE attended the three town hall meetings in Clermont
and, while there were verbal promises by the Karlton representative to build an
elementary and middle school on a 50-acre donated site, they know land alone
does not build a school. Ms. Phelps stated that she asked how the schools would
be paid for and by whom and she was told not to worry about that. She stated
that most of the south Lake County schools are 158% or greater capacity and
they will continue to grow in student population. She stated that we have
28,000 properties that are vested in the County alone and it is her
understanding that these are not subject to school concurrency. She stated that
we have heard that growth pays its way but we know growth does not pay the
school impact fees to provide the new student stations. She stated that there
is no land in south Lake County zoned for a high school after 2010. She stated
that East Ridge High School, whose capacity is 1,800, projects an enrollment of
3,000 in August. She asked if there will be specific statements regarding the
school impacts if the Board approves the transmittal. She asked the Board to
consider the education of the children currently in Lake County and to consider
how the Karlton development could impact their education.
Ms.
Rosemary Blankenhorn, a resident of Kings Ridge in Clermont, noted the issues
of electricity, water, schools and traffic. She stated that no one is opposing
one home on five acres. She stated that she does not understand how there would
be an issue with all the problems that have been brought to light with more
than 5,000 homes. She stated that the people in Lake County put their faith in
the Board to do what is best for the community, not what is best for a builder.
Ms.
Angie Langley, a lifelong resident of Orange and Lake Counties, stated that she
supports this project and has heard nothing but support for it from folks her
age who are working young professionals in Orange County because the jobs they
are looking for are not in Lake County. She stated that most people located
here for the rolling hills and lakes in south Lake County. She stated that
people are going to continue to want to move to south Lake County. She stated
that large projects are the only ones that can afford to donate large amounts
of acreage for schools and roads. She stated that this project is aesthetically
pleasing with a common theme and that she would rather have a large development
that can offer a roadway between Orange and Lake County and land for schools
rather than several tacky hodgepodge small developments that cannot offer these
things. She stated that this parkway is a huge benefit for this area and will
help the traffic problem. She stated that property owners have rights and, if
people want to protect these properties and never have them built on, they need
to buy them. She stated that Lake County owns a lot of property and the more
property that is not owned by individuals, the more the tax burden on individuals.
She asked the Board to support this project for transmittal.
Mr.
Alex Kane, a resident of Heritage Green, stated that he has been involved in
property development for a number of years. He stated that development has
achieved a new art form and has become cognizant of the environment, the people
and the wishes of the entire future of our society. He stated that he looks at
a property by looking at it in terms of what he is doing to preserve this land
for the future of his children. He stated that he lived in affordable housing
and, when he builds developments, he makes sure there is a mix and a blend of
environment, work, commercial, retail and walkability. He stated that these are
the issues this developer is taking on as well. Mr. Kane stated that he
supports this proposal.
Mr.
Mike Perry, Executive Director, Lake County Water Authority (LCWA), read the
May 9, 2006, letter to Chairman Hanson from Larry Everly, Chairman, Lake County
Water Authority, which is included in the backup material. According to the
letter, the LCWA “Board has an interest in this issue because South Lake County
is a high recharge area near a zone of high-leakance, identified as a Water Use
Caution Area and dotted with lakes that are affected by changes in surface
water flow. Currently, the Karlton site has 155 acres planted with citrus and
58 acres as a cultivated tree farm for a total of 213 irrigated acres. The
applicant’s proposed use increases the area of irrigated land by 142% to 515
acres. The accompanying additional withdrawal of groundwater may increase the
cumulative impact upon the Floridan aquifer beyond the present agricultural use
withdrawals. This overall cumulative impact may result in the loss of wetlands
and in the reduction of flows in the Gourd Neck Springs on Lake Apopka. The
Board of Trustees of the Lake County Water Authority request that the County
Commission consider all aspects of the current and future surface and ground
water conditions in South Lake County as you deliberate this proposed
Comprehensive Plan amendment.”
Mr.
Steve Luche, a resident of Mount Dora, addressed the issue of suburban sprawl
in south Lake County in particular and in Lake County in general. He stated
that he is sure the benefits mentioned for the Karlton development are the same
arguments used for developing suburban sprawl in and around Clermont. He asked
how these developments have improved school crowding and roads. He stated that
he has not seen anything in the plans that resembles smart growth. He suggested
that the Board consider the wishes of the constituents, not the developers. He
asked the Board to vote no.
Mr.
Keith Schue, a member of the Lake County Local Planning Agency (LPA), stated
that he is not speaking on behalf of the LPA but as an individual member of
that body. He stated that he would provide information on why he could not
support the Karlton DRI. He stated that a number of factors need to come
together in order for us to honestly say we are embracing smart growth. He
stated that there is a temporal component and a spatial component. In terms of
timing, in order for us to say that we are not promoting urban sprawl, it is
necessary to establish that a land use change is needed to accommodate the
projected population. In order to do that, we need to look at our inventory of
existing lands that already have the urban land use designation. He stated that
has not happened as relates to the assessment of this property. He stated that
the applicant provided general statistics regarding growth in Central Florida
but the applicant did not demonstrate that this additional conversion of rural
land to urban land was necessary due to an insufficient quantity of available
urban land use to meet the County’s growth projections. He asked where do we
want to grow. He stated that smart growth means that you do not do leap frog
development. He stated that we infill our urban centers first and then grow
outward in a logical pattern. He clarified that he did not vote against this
because he thought the best alternative to this piece of land was 400 five-acre
lots. He opined that we do need to look at a more innovative way of
development. A large parcel of land such as this, through a DRI process, could
afford us with the ability to be more innovative. He stated that this could
have been a golden opportunity to do something special but that has not
happened. He stated that this could have been a project that recognized and
provided for the unique environmental attributes that this property offers and
could have been an ecologically responsible development that is mutually
beneficial to wildlife and to mankind. Mr. Schue showed an aerial photograph
(Exhibit D) depicting the distribution of 1,800 gopher tortoises on this
property. He stated that this property should have set aside, as a condition
for seeking such a dramatic change in land use, a sizeable portion of the site
as an upland preserve. Instead, a site of about 38 acres has been set aside out
of about 2,000. He stated that is woefully and shamefully inadequate. He stated
that this could have provided valuable ecosystem connectivity, areas for
habitat preservation and restoration, and reestablishing that important
relationship between uplands and wetlands that occur on the site. He showed
another aerial photograph (Exhibit E), as a conceptual idea, which is a true
clustered conservation design whereby substantial uplands are set aside that
otherwise would be lost, not just wetlands and water that the developer was
going to leave alone anyway. He encouraged the Board to think about this
concept. By doing this, there would be areas that do not require irrigation,
areas that could provide continuing habitat for tortoises, and areas where
natural aquifer recharge can continue to occur. Mr. Schue stated that his
concern relates to this piece of property and to the precedent that it could
set about how we might consider the conversion of rural land into urban land
use in the future. He asked the Board to deny this.
Commr.
Hanson asked what overall density Mr. Schue feels is appropriate if this type
of concept were to move forward. Mr. Schue stated that the first thing that has
to be done is look at the environmental attributes of the site and then
economic balance has to be considered. He stated that it is critical to strike
the balance that the number of jobs created is comparable to the amount of
housing created. He remarked that he does not have an exact answer to the
question.
Ms.
Peggy Belflower, a resident of northeast Lake County, stated that she could
have let the Karlton development go by and considered that, perhaps, it would
not impact her. She stated that she is most concerned about the Karlton project
because of the way it was presented to the LPA (Local Planning Agency) on March
31. She stated that the staff report was completed, apparently, on March 30.
She stated that, at the LPA meeting, Mr. Steve Richey, who was presenting on
behalf of Karlton Village, encouraged a quick vote because neighbors to the
east, Horizon West, were pressuring Karlton Village to get a move on. She stated
that some misrepresentations were made at the LPA meeting, including one by Mr.
Don McIntosh, engineer for Karlton, who said there would be no impact to the
environment as a result of this project. She referred to a newspaper article
which quotes Mr. Richey’s views on development. She stated that Mr. Richey said
today that Karlton is here with a general view of this project and not to talk
about the comprehensive plan. She stated that they are asking for a change in
the comprehensive plan and that they should have been justifying the reason for
the need for these additional homes. She stated that Mr. Massa (Senior Planner,
Lake County Department of Growth Management) said today that the DCA told Lake
County that Lake County must adopt the comprehensive plan update before making
any changes. She asked why would we send it to DCA until the comprehensive plan
has been finished and until Karlton has made true justifications for the
increase in populace to Lake County.
Mr.
Jimmy Conner, Chairman, Lake County School Board, stated that the purpose of
concurrency is to force the developer to come to the School Board. He stated
that has not been done and the concurrency pilot program is not being followed.
He stated that he authored a growth resolution three years ago and that the
School Board has passed the Martinez Plan and, yet, the pressure on them
borders on being unbearable. He stated that we are co-teaching in classrooms
and the State is eliminating co-teaching. He stated that we are in portables.
He stated that they are out of money. A growth study by Deanna Newman shows
that every time a school is built, the School Board suffers a capital loss,
even with the $7,055 impact fee. He opined that people will never understand
the gravity of the problem until the day we have double sessions and year-round
schools. He stated that they have bonded to their maximum capacity allowed. He
stated that they are financing a middle school by bonding impact fee money and
the legislature is talking about eliminating impact fees. Mr. Conner stated
that it is frustrating to be denied a rezoning for a piece of property in a
relatively highly populated area and then hear that reasons in favor of this
project are because a school will be allowed in a rural area. He stated that
the City of Clermont has taken a position by unanimous vote and the School
Board has taken a position by unanimous vote. Speaking for himself, Mr. Conner
stated that he thinks we need a moratorium in south Lake County because they
are so far behind it would take years to catch up. He stated that they are on
life support and this project will pull the plug. He stated that he was struck
by the fact that a certificate of need has not been obtained for a hospital for
the project.
RECESS
& REASSEMBLY
At
3:00 p.m., Commr. Hanson announced a fifteen minute break.
PUBLIC
COMMENTS (CONTINUED)
Mr.
Ray Kemp, a native of Lake County, stated that Lake County is not a rural
county anymore. In the late 1940s and 1950s, Lake County was the leading
watermelon producing county in the state and that was followed by citrus and
explosive growth. Tenant farmers came from Georgia and Alabama for high paying
citrus jobs and that created over crowding in our schools. He stated that he
had 50 students in his fifth grade class and 50+ years later we still face the
same problem. He stated that we lose our lakes when we do not have rainfall and
that we have irrigated the groves for years and it does not seem to affect the
lakes. He stated that a lot of water that was used to irrigate groves is now
being consumed for our showers and drinking water. He asked the Board to
continue the modern progress of Lake County and strongly consider this.
Mr.
Rick Joyce, an attorney with offices in Tavares and Orlando, stated that he is
a member of the Industrial Development Authority and serves on the CRA advisory
committee of Tavares, and, most importantly, is a resident and a small citrus
grower in the unincorporated area on the outskirts of Howey. He stated that he
is ecstatic about the 3,700 jobs being provided in this development, 60% of
which are in the medical field and are higher paying jobs. He stated that the
inclusion of Class A office space will encourage more solid, high paying jobs.
He stated that he shares the same concerns as everyone in this room about
uncontrolled growth. He stated that this is a professional, well thought out
proposal that will be subject to state, county, municipal and citizen review
before the first permit is pulled.
(Deputy Clerk’s note: Eight Lake County residents who did not
speak submitted speaker request forms in support of the project; six non-Lake
County residents who did not speak submitted speaker request forms in support
of the project; twenty Lake County residents who did not speak submitted
speaker request forms in opposition to the project.)
APPLICANT’S
PRESENTATION (CONTINUED)
LPG
Environmental & Permitting Services, Inc.
Mr.
Steve Adams, LPG Environmental & Permitting Services, Inc., gave a
presentation (Exhibit A) which included the following:
Regarding
what happens to the gopher tortoises, Mr. Adams explained that three things are
allowed under the regulatory criteria. They can be relocated on site, relocated
off-site or they can do a take permit. He stated that their goal is to relocate
on site as many as they possibly can within preserve areas, buffer areas and
along the wildlife corridor. Those habitats will be managed and maintained
long-term. He stated that the tortoises were tested for upper respiratory tract
disease (URTD) and that limits the options in terms of off site relocation;
take permits would have to be used. He stated that the County, the School Board
and cities commonly do that. He stated that a stakeholders group, consisting of
various members of academia, is working to come up with new rules to discourage
take permits because of the perception of what that is. Those stakeholders have
drafted rules where they would give relief on the URTD testing because of the
unknown issues associated with that disease but also to permit off-site
relocation. They want these to be permanent off-site recipient locations that
would take the URTD type tortoises. Under current rules, if one tortoise in a
population of 500 tests positive, all 500 would be subject to the take permit;
under proposed rules, only the tested positive tortoises would be subject to
the take permit and those tested negative would be able to be moved. He stated
that there is a move to relocate tortoises to public lands which is not
prohibited because state agencies do not want them. He stated that there are a
lot of opportunities, particularly in the Hilochee Wildlife Management Area which is owned by the game
commission, where they do not have funding for management activities where
funds could be earmarked to relocate tortoises. He stated that those are the
things they would like to do and have been advocating as part of the
stakeholders group.
REBUTTAL
BY APPLICANT
Mr.
Steve Richey, attorney representing the applicant, stated that the needs analysis
and the 3,750 jobs are documented. With regard to the hospital, he stated that
the hospital has a contract with Karlton that requires Karlton to have Karl
Kahlert Parkway and water and sewer extended to them in the next two years
because they cannot start the certificate of need process until they have a
piece of property that is part of a PUD (planned unit development) and a DRI
that is zoned for their use. He stated that, with the generation of residents
in the Karlton development and the residents in Horizon West, there is no doubt
that the certificate of need will be granted.
Regarding
schools, Mr. Richey stated that this project is committed and will be required
to build an elementary school and a middle school, or cause those schools to be
built. He stated that, in a couple of years when they come back with their
development plan, they will contribute towards a high school based on the
actual construction costs at that time, in excess of impact fees. He stated
that will be in the developer’s agreement and in the development order with the
School Board. He stated that they will generate 12% of a high school capacity,
and a small percentage of an elementary and a middle school and the rest of
that capacity will be available to take up the gap in south Lake County. He
stated that nobody has proposed to build excess capacity. He stated that they
will borrow privately or through a Community Development District (CDD) or
through a benefit district and build those schools or provide the funding for the
Lake County School Board to build those schools. He stated that the project
will not be approved unless that agreement is there because it will be an
absolute condition of the development order. He stated that they started
talking with School Board staff when Pam Saylor was Superintendent.
Regarding
transportation, Mr. Richey stated that they will be building the four-lane Karl
Kahlert Parkway, from US 27 to SR 429, on day one of phase one as houses and
commercial are built. He stated that it will be evaluated under the DRI process
at the end of phase one and, if there are problems with other roads or
segments, they have to stop or fix those other roads and segments. He stated
that Orange County does not want them to build a six-lane road to Orange County,
but Karlton is providing right of way so that it can be enhanced to six lanes.
He stated that limited access and tunnels for golf cart crossings are part of
the plan. He stated that it is not speculative, it will be mandatory, and they
will finance it themselves or finance it through a benefit district or CDD. He
stated that, according to traffic studies, up until the build out, there will
be excess capacity galore and excess capacity at build out. Mr. Richey stated
that 37% of their traffic is captured in-house and they are not going to have
folks leaving.
Regarding
Publix, Mr. Richey stated that studies have shown the 37% of people who leave
Lake County to go to work will create a need and a justification for Publix,
based on their criteria, the day they build the road. He stated that he can
assure that it will not be years before there is a Publix, based on their
traffic studies.
Regarding
water, Mr. Richey stated that their studies show they have used more water on
this property for agricultural purposes than they will use at the completion of
this project. He stated that, if this were developed into five-acre tracts,
there would be a lot more water being used in unregulated wells than what they
will use through their project. He stated that there will be major requirements
of them for conservation and they have offered the St. Johns River Water
Management District’s Star Program. He stated that they will have a proposal in
the development order to maximize that conservation. He stated that they have a
certificated private utility that will have to comply with all the rules and
regulations. He stated that they have been approved for a million-gallon,
lower-aquifer well to be utilized, in part, to serve this project which
protects the lakes and wetlands systems in a very significant way.
Mr.
Richey stated that each phase of this development will be looked at because it
is a DRI and there will be thresholds and criteria on everything that has to be
done regarding concurrency. He stated that they have filed a booklet as part of
their application which shows the design criteria of high standard for Karlton
Commons. He stated that the Florida Legislature passed a provision that
requires all the DRIs in process to evaluate an element of work force housing.
He stated that they have apartments and rentals and all kinds of housing and
the Department of Community Affairs (DCA) will look at that element as part of
this process. Mr. Richey stated that the CDD, or Karlton money, will pay for
the roads and the schools and it will not be a burden on the taxpayers of Lake
County. He stated that they carry their own regarding fire, the Sheriff and
EMS.
Regarding
urban sprawl, Mr. Richey stated that they have filed a justification of why
they are not in violation of 9J-5 (Florida Administrative Code) which is being
evaluated by the Regional Planning Council and will be evaluated by the State
and the 24 agencies to determine if what they say is true is true. He stated
that they do not violate the confines of 9J-5. He stated that their
self-contained community, with the services they will provide, is exactly what
anti-sprawl is about. He stated that dividing this property into five-acre
tracts is urban sprawl at its absolute best picture because that would be
remote services, the most expensive services for government for 400 people.
Mr.
Richey stated that the LPA (Local Planning Agency) passed this 8 to 1 and that
they had the information to make a decision. He referred to a May 27, 2006,
e-mail from Mr. Sean Parks (LPA member) to the Board of County Commissioners
(Exhibit F), which says, in part, “…Opportunity is a chance for progress or
advancement. Sometimes opportunity lies in the most tumultuous of situations.
Sometimes, opportunity is seen by few….Development must be balanced, considering
the economy, the environment, and people…” Mr. Richey stated that is the
opportunity Mr. Parks said he found in the Karlton DRI; it was balanced and
provided jobs, transportation, schools and a mix of housing. He stated that
this is a golden opportunity to approve a mixed-use development and put the
burden on the developer, financially and every other way, to make this project
right. He asked the Board to approve this project and allow it to go to the
State for comments. He stated that the Board’s vote today means nothing other
than they have voted to send it to the State and the other regulatory agencies.
He stated that if they come back with negative comments, those are decisions
the Board will make at another day. He stated that they deserve an opportunity
to have the Board have that information.
In
response to Commr. Cadwell regarding the DRI process with the Regional Planning
Council, Mr. Richey stated that they have a hearing on June 21, 2006. Mr.
Richey stated that they did their first round and provided information but did
not go through the second round because they met with everybody individually.
Mr. Richey stated that they met with Orange County last week and they are
meeting with DOT to continue discussions to get those issues resolved before
June 21.
COMMENTS
BY THE BOARD
There
being no further public comment, Commr. Hanson closed the public hearing,
reserving comments to the Board.
Commr.
Pool stated that he has had the privilege of serving for 26 continuous years,
on the Clermont City Council, as Mayor of the City of Clermont and as County
Commissioner. He stated that, in looking back at the overall development in
south Lake County, the County experienced terrible freezes during the 1980s. He
stated that Lake County lost 110,000 acres of groves in one decade, hence,
Kings Ridge, Summit Greens, Horizon West and The Legends, all on previously
zoned agricultural property. He stated that Wal-Mart, Target, K-Mart, Publix,
the college, the hospital and the national training center all were groves
zoned agriculture. He stated that has brought change and economic prosperity
and an all-time low unemployment rate of 2.6%. He explained that the Kings
Ridge project was approved by the County Commission and annexed by the City. He
stated that Lake County is anticipated to have an additional 200,000 to 250,000
people in 25 years, that Lake County’s population has doubled every 20 years
since 1948 and is now 270,000. He stated that it is the Board’s responsibility
to ensure they provide housing, job opportunities, schools, recreation and
transportation. He stated that Lake County will change. Commr. Pool stated
that, if we can put the proper density in its proper place today, the future
will take care of itself and tomorrow will be a bright tomorrow. He stated
that, after all the six-county region is developed in five to ten to
twenty-five years, Lake County will still have the lowest population in the
area. He stated that he would far rather build out at some better densities
today, maybe 2.7 units per acre overall, than what may be a hodgepodge at four,
five and eight units to the acre. He stated that there are 44,000 units across
the Orange County line, a big difference from 5,000 units. He stated that, if
he could be promised that development would not take place on that site in the
next 25 years, he would say let’s do away with it. He stated that he knows
things will happen. He stated that opportunities like this do not come along
every day. He stated that he honestly believes that, if we do it right today,
we will be far better off than doing it wrong tomorrow. Commr. Pool stated that
the room was packed all day long for people in adamant opposition to Pine
Island (now Bella Collina) and, today, that will be the number one, premier
project in all of Central Florida. He stated that he is proud of that vote and
in five, ten and twenty-five years he will know we took the right stand. He
stated that someone has to have vision for the future. Commr. Pool stated that
the things we do today can benefit us tomorrow whether we recognize it or not.
Commr.
Stivender stated that she agrees with most of Commr. Pool’s comments and that
she too was born in Lake County. She stated that everyone knew Lake County
would change. She stated that this is a planned development and staff, the
State and everyone has their hands around it. She stated that it has the
principles that Commr. Hanson has been pushing, the smart growth. She stated
that no one wants the growth. She stated that they are building commercial in
front of her subdivision and she is not happy but she knew it was going to be
there because it was on the plan when she moved there. She stated that if she
does not like it she will move. She stated that schools are an issue we have
been challenged with the last four years and they are going to build the
schools in this project and they are going to help with the high school. She
stated that these are requirements as part of their development order which
goes to DCA. DCA will tell us if we are right or wrong. She stated that DCA
sends those comments back and it is up to us what we do from there. She stated
that this development has green space, the passive, the employment base and it
is not just a hodgepodge subdivision like the one she lives in. She stated that
it is a community that helps take care of itself and she thinks they have done
a great job.
Commr.
Cadwell stated that, normally, development order time is when the type of rules
and regulations are put in to say exactly what will happen with a project. He
stated that the political atmosphere prohibits that because of the lack of
trust folks have in government in general. He stated that, for us to say we
will take care of it the next time it comes before us, folks do not believe us
for a second. He stated that the timing of this project concerns him more than
anything else. He stated that we are in the comprehensive plan process, we are
asking the community what they want to do and we are setting our goals for
2025. He stated that this project’s density is a real concern for him. He
stated that the transportation corridor is tempting because of the need but the
things we would have to give up to get that concern him. He stated that the
schools are in a crisis. He stated that, because we are going through the comprehensive
plan process, DCA will get this and, privately at least, say, “are you kidding
me? Get your comp plan done and then we will start taking care of these types
of things.” He thinks the timing could not be worse for this project. He agreed
with Commr. Pool that something, not one unit to five acres, will be there. He
stated that, in talking to citizens in the County, their heads are spinning at
the rate we are going. He stated that, while we will not stop growth, we can
certainly control the pace a little bit. He thinks we can do that by slowing
down some of these projects that have been moving forward. He stated that the
City of Clermont’s elected body, the School Board’s elected body, and the Water
Authority’s elected body are asking the Board to wait and that it is too early,
too premature. He thinks it is hard to ignore those folks. Commr. Cadwell
stated that the line for Clermont’s JPA (Joint Planning Area) is the north end
of this property, but, in the spirit of the JPA, he does not think anyone was
going to ignore what happens on either side of the line. He reiterated that the
timing is not right and we need to slow it down. He stated that, if they want
to come back once the comprehensive plan is finished, and hearing some of the
concerns today maybe make it a better project, it might be something the Board
would consider, but not today.
Commr.
Hill stated that she tried to discuss this with Mr. Richey during the break and
she understands his concern that it could be two years before it should come back
to the Board. She stated that she thinks it is very premature. She does not
understand DCA allowing this to be transmitted, and evaluating it, under Lake
County’s current comprehensive plan, when we are so close to having our
re-write of the new comprehensive plan. She understands the comprehensive plan
will be going to the Local Planning Agency this month and probably be adopted
by the end of this year. She stated that it does not make sense to be going
through this exercise today. In reading the whole book on this project, she
stated that she feels the County needs a complete financial analysis to see if
the County can meet the public service levels being talked about without
additional tax burdens to the citizens. She stated that she did not see anything
in the planning or the book about the solid waste aspect, that capacity, and
how we will deal with that major impact. She expressed concern about the
traffic analysis because it looks like we are amending our five-year plan
again. She stated that it did not address who will pay for the acquisition of
the right of way and where the TRIP funding would come from. She stated that
she would hope these things would be addressed further in the process.
Commr.
Hanson stated that she thinks this is a very good attempt at a good planned
community and the conservation of water and energy and the low impact
development were addressed, which is critical for the whole County. She stated
that schools, jobs, maybe not the diversity of jobs, trails, walkable communities
and a town center were addressed. She thinks we have to realize that what we
are doing currently with the comprehensive plan is not working. She stated that
our comprehensive plan is based purely on density and we will continue to get
exactly what we have always gotten if we keep doing it the same way. She thinks
it is extremely important to look at more innovative ways of planning and, to
be able to do that, we need to look at the big picture, more than an 80-acre or
a 100-acre subdivision. She stated that is how Clermont happened, other than
the larger scale developments mentioned by Commr. Pool. She stated that when
people mention what they do not like about Clermont, it is all the small
developments that have creeped in. She stated that they creeped in over the
years because we did not have a bigger picture study and because we looked at
each one individually. She stated that we know more now than we knew 15 or 20
years ago as far as development goes and we can base our decisions on history.
She stated that we can do much more to protect the environment and create more
of a community the larger the tract is. She stated that we need to, with larger
tracts, see the actual set aside of the open space and she did not see that
here. She thinks moving from rural to urban expansion is a big jump and, once
this happens, there will be others. She stated that one criteria must be at
least 50% open space. She stated that we need to see that throughout the County
but particularly when moving from rural to urban expansion.
Commr.
Hanson stated that she recognizes that five-acre tracts throughout the County
are probably the worst kind of rural sprawl that we can have and there is no
sense of community with large acreages of five-acre tracts. She stated that
does not mean there is not a place for five-acre tracts but 800 or 1,000 acres
of five-acre tracts becomes very fragmented and very difficult to work with in
the future and very difficult to have wildlife corridors. She suggested that a
small area study should be done using the boundaries of SR 50 to US 192 and
Orange County to US 27, looking at what has been and is still to be developed,
looking at the transportation corridors that can be created, looking at the
open spaces that can be put together and creating contiguous corridors with a
park system. She knows the project needs more employment opportunities and
larger amounts of property should be set aside for the high-end commerce park.
There should be some light industry. She stated that we know clustered development
can be very effective in conserving water usage and we need to continue to talk
about that point. She thinks it is premature and we need more work to go with
the project but she thinks there is a lot of benefit that can be gained by
moving forward with this project, improving some of the ideas. She stated that
this is not a political vote. She stated that she has never voted for a large
scale land use amendment since being on the Board while her fellow
Commissioners have. She knows that, once the door is opened, many, many changes
occur. She stated that this project can set the standard for what happens in
the rest of the area and she thinks that is why we need to look at it very
carefully. She stated that, if there are changes in the meantime, it should go
back to the LPA, letting them do the changes in the comprehensive plan. She
thinks the comprehensive plan needs to be changed and we need to look at the
area around Horizon West, an area that is urbanizing with the possibility of
transition to the west. She thinks the LPA could look at that and come back
with some recommendations to the Board. She stated that she appreciates the
LPA’s courage to move the project to the Board because it shows that they
understand that we need to look at a better way of planning. She stated that we
do need to look more progressively at some of these issues. She stated that she
appreciates her fellow Commissioners embracing some of these strategies. She
stated that, if we do not look at clustering and the smaller amount of land
that higher density can take up and the larger amounts of open space that can
be created around it, we will again get what we have always had. She thinks
that there are some lessons to be learned and she thinks it is a good project
but she thinks it can be better.
Commr.
Pool stated that he will take credit for The Legends and Summit Greens, which
he did as Clermont’s Mayor, but he had no say in everything else around
Clermont. He stated that things did happen in our community that he did not
agree with. He stated that is why he came here to ensure that, as we grow and
develop, it is done correctly. He stated that this is an opportunity. He stated
that he sees it is three to two in opposition for transmittal.
Commr.
Pool asked staff, in the event transmittal is denied today, if it is over as
far as having the Regional Planning Council’s review or comments of what they
might want to see as a regional impact.
Ms.
Stricklin stated that she would imagine that the regional review would stop and
that would be the decision of the applicant at this point. Since the concurrent
land use map amendment is not going forward, she would imagine the regional
review would stop.
Commr.
Pool agreed with Commr. Cadwell that we are on the verge of a new comprehensive
plan adoption and a new comprehensive plan future land use map. He stated that,
from what he can tell, things are going to change on the landscape. But, if the
comprehensive plan is approved in three months, six months or a year, he asked
if that will be an opportunity to take a good look at future developments as
the new comprehensive plan is approved.
Ms.
Stricklin agreed that the applicant would have an opportunity to receive a new
proposal once the new comprehensive plan is in place.
Commr. Pool asked if that would be in
the event we adopt a plan in six months or if they need to wait one year. He
stated that the maximum density would be 5,200 units and asked if all we could
do once it comes back, if we chose, is lower the density.
Commr. Cadwell stated that this is
not quasi-judicial, it is legislative, and they can bring this back tomorrow if
they want to.
Commr. Pool stated that he wants to
make sure that he is not prohibiting them from bringing back a good project at
the right density. He remarked that the original conversation was 7,000 units
and that he suggested that 5,000 was probably a better number. He thinks we
need to lower those densities and continue to go forward with these good plans.
He stated that this is a good plan, it may be premature, but he does not think
it is that premature and that is the key.
Ms. Stricklin explained that the
chief difference, if it were brought back under the new future land use map, is
that it would no longer be a request for urban expansion but would be a request
for a new future land use category under the new map.
Commr. Pool stated that he is not in
a vacuum and that the Board works as a team. He stated that, if he thought we
could leave this green forever, he would say let’s go for it but something is
going to happen and the key is that it needs to be done correctly, at the right
density, and it will take care of itself.
On a motion by Commr. Pool, seconded
by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board overturned
the recommendation of the Lake County Local Planning Agency and denied
transmittal, at this time, of LPA#06/3/1-2, Karl Corporation, et
al, Kieran J. Kilday, Kilday & Associates, Tracking No. 11-06-LPA.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 4:20 p.m.
__________________________________
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK