A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
february 16, 2016
The Lake County Board of County Commissioners met in regular session on Tuesday, February 16, 2016 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Sean Parks, Chairman; Welton G. Cadwell, Vice Chairman; Timothy I. Sullivan; Jimmy Conner; and Leslie Campione. Others present were: David Heath, County Manager; Melanie Marsh, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Angela Harrold, Deputy Clerk.
INVOCATION and pledge
Commr. Parks asked for a moment of silence in remembrance of Supreme Court Chief Justice Antonin Scalia and led the Pledge of Allegiance.
Mr. Michael Rowe gave the invocation.
Mr. David Heath, County Manager, stated that a revised agenda was released Friday, February 12, 2016 that added Tab 22 at the request of Commr. Parks to discuss Canon Property which moved the MPO appointments to the Citizens’ Advisory Committee to Tab 23. He noted that at the request of the County Attorney Tab 24 was added into the consent agenda, which is a request for a closed session. He asked that when approval for the consent agenda is considered, that it be Tabs 5 through 16 plus Tab 24.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved the Minutes of the BCC Meetings of January 5, 2016 (Regular Meeting) and January 12, 2016 (Special Meeting) as presented.
Commr. Parks introduced Dr. Stanley Sidor, the new Lake-Sumter State College President, to the Board.
Dr. Sidor thanked the Board for the invitation to come speak and stated that he is happy and proud to be the college’s next leader. He recalled his previous work experience and stated that along with an engineering background, he brings a business owner and an educator perspective to Lake-Sumter State College. He commented that he is looking forward to working with the Board to improve the skill set of the local community to retain and attract businesses.
Commr. Parks stated that there were a number of volunteers in attendance to be recognized for their service and thanked them, adding this was an opportunity to publicly acknowledge them and the service they provide that makes Lake County such a great place to live.
Mr. Robert Anderson, Human Resources Director, noted that they would be recognizing citizens who have donated significant amounts of their time and services to Lake County. He stated that the Lake County Board of County Commissioners is honored to have over 19,000 hours of time contributed by volunteers during 2015, noting the time is equivalent to slightly over nine full time employees. He added that if minimum wage was to be paid for these hours, the cost would be over $152,000. He explained that the volunteer hours were applied to libraries, the literacy program, parks and other departments; and the time helped the County significantly by offering excellent customer service and programs to Lake County residents and businesses. He reported that in 2015, there were 50 volunteers who contributed over 150 hours of their time and services to Lake County. He called up the 23 volunteers that were in attendance, one at a time, recognizing their service hours which ranged from 154 hours to 433.75 hours.
citizen question and comment period
Ms. Judy Miller, a former resident of a mobile home park in Lady Lake, addressed the Board with her concerns over how the elderly and disabled are treated in mobile home parks in the area, specifically noting the Three Palms Mobile Home Park in Tavares. She opined that the elderly and disabled living in this park are not in a financial position to retain advocacy, and they do not have access to information on their rights, which leads them to be taken advantage of. She stated that she feels this does not give the State of Florida a good reputation for treating the elderly or disabled fairly and wanted it to be made public record.
Mr. Vance Jochim, a writer of a blog on fiscal and governmental issues, provided an update to the Board on the Three Palms Mobile Home Park in Tavares and the owner’s alleged treatment of the residents there which is an issue he has raised previously. He thanked Commr. Parks for setting up a meeting between himself, Commr. Parks, the County Manager and the County Attorney, where they were able to discuss the ordinance limitations of Florida Statute Chapter 723, covering mobile home park lot tenancies. He commented that he would like the Board to look into how changes can be made and how possible investigations can be started in regards to this matter. He reported his findings on how state auditing for these parks is completed and expressed his concern that it is not thorough enough. He requested that the Board visit some of the mobile home parks in the area and have discussions with the State Legislature on ways to keep exploitation of the elderly and disabled tenants living in these parks from happening adding that there are 88 mobile home parks in Lake County.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 3, as follows:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Semi Annual Investment Report
Request to acknowledge receipt of copy of Semi Annual Investment Report dated June 30, 2015 from the Lake County Clerk of Courts, to be submitted to the Board of County Commissioners semi-annually in accordance with the investment ordinance adopted July 19, 2005.
Ordinance No. 2015-20, Boundary Amendment
Request to acknowledge receipt of a certified copy of Ordinance No. 2015-20, Boundary Amendment, which was enacted on January 14, 2016 at a public hearing before the City Commission of Fruitland Park, accompanied by a map.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 5 through 16, and adding the addendum on Tab 24, as follows:
Request approval to terminate the Four Corners School Bus Agreement between the Lake County Board of County Commissioners (BCC) and the Lake County School Board to provide afterschool service to East Ridge High School students from Four Corners Area due to limited ridership. The fiscal impact is $15,141 (Expense - Savings).
Request approval and signature on the Fiscal Year 2015-2016 Shelter Plus Care Grant to assist homeless families. The fiscal impact is $136,194 (Revenue: 100% Grant Funded).
Request approval and execution of Resolution No: 2016-18 in support of legislation to address the funding of Secure Juvenile Detention Costs and authorizing the County Attorney to dismiss pending actions against the State of Florida, Department of Juvenile Justice, under certain circumstances.
Request for approval of appointment of Sanford Minkoff as substitute member on the Canvassing Board.
Request approval and execution of Agreement between Lake County and Sullivan Ranch Homeowners’ Association, Inc. for Traffic Law Enforcement on Private Roads. There is no fiscal impact.
Request approval of Lease Agreement with NWS Holdings, LLC for commercial lease space, and the associated budget transfer (from general fund reserve). This estimated fiscal impact for FY16 is $132,500 (lease payments for July, August, September plus relocation costs).
Request approval to have a Closed Session of the Board of County Commissioners to discuss pending litigation. There is no fiscal impact.
Facilities Development and Management
Request approval to modify contract 15-0210 for construction of a vehicle canopy at Fire Station 90/104 to allow for provision of a structure supporting improved ISO ratings, and authorize the Procurement Office to complete all contractual supporting documentation. Further request approval of the associated budget transfer from Fire Impact Fee Reserves. The fiscal impact is $110,140 (expense, 50% reimbursable by Clermont).
Request approval to award contract 16-0605 to Ardaman & Associates (Orlando) for the provision of on-call building and site construction inspection and construction materials testing services for the County. The actual annual fiscal impact will be dependent upon needs. Expenditures under the previous contract averaged approximately $67,432 per year (Expenditure).
Request approval of Resolution No. 2016-19 that publicly announces the closure of Landfill Cell - Central Phase II. This resolution is required in the cell closure process. There is no fiscal impact.
Request approval to award Wolf Branch Sink Drainage Improvements, Project No. 2016-01, Bid No. 16-0008, to Pospiech Contracting, Inc. (Inverness, FL), in the amount of $1,542,000.00, and to encumber and expend funds in the amount of $1,542,000.00 from the Stormwater MSTU Construction / Wolf Branch Sink Drainage fund. The fiscal impact is $1,542,000.00 ($1,342,000 Stormwater MSTU, $200,000 grant funded). Commission District 4
Request approval to award term and supply contract 16-0612 for a landfill contractor to perform repair and maintenance projects on an as-needed basis for Solid Waste Division to Integrated Environmental Technology, LLC (Lakeland, FL). The annual fiscal impact cannot be determined at this time because this is a new contract, and expenditures will occur as needs arise. Expenditures for the first year are estimated to be $40,000 based on those projects that are pending at this time.
Request approval to release a performance bond in the amount of $134,536.60 associated with Commercial/Subdivision Driveway Connection Permit #53092 that was issued to CRS-Leesburg for the construction of the Dollar General Store in the Lisbon area. The project is located along County Road 44, East of Emeralda Avenue in the Lisbon area. There is no fiscal impact. Commission District 5
Request approval to accept the final plat for Royal Equestrian Ranch Club II, accept a Conservation Easement in favor of Lake County, and accept all areas dedicated to the public as shown on the Royal Equestrian Ranch Club II plat. It is located off of CR 474 in the Four Corners area, Section 21, Township 24 South, Range 26 East. There is no fiscal impact. Commission District 1
Vacation Petition No. 1222
Mr. Jim Stivender, Public Works Director, explained that Vacation Petition No. 1222 was postponed for 30 days on January 19, 2016 and was now ready to be brought before the Board. He stated that the issues have been resolved and the easement in question had been granted and recorded in the public records. He reported that the staff recommends approval to vacate.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this issue, the Chairman closed the public hearing.
On a motion by Commr. Sullivan, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2016-20 granting a public hearing on Vacation Petition No. 1222 (Dale Ladd, Richard Beavers) to vacate the plat of Manlow Park (PB 50, Pg 86). There is no fiscal impact. Commission District 2.
omega communities llc industrial revenue bond
Ms. Melanie Marsh, County Attorney, stated this request was for a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing on an economic development bond. She noted that if approved, it would be a resolution of the Board, approving the issuance of its tax-exempt senior living revenue bonds, to the Lady Lake senior living facility project, Series 2016-A, in an aggregate principal amount, not to exceed $40,000,000, for the purposes of Section 147(f) of the Internal Revenue Code, providing for other related matters.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this issue, the Chairman closed the public hearing.
Commr. Parks noted that he would abstain on this vote due to having familiarity with the site from a business perspective because he worked as a professional consultant a few years prior. He stated that he wanted to be sure that there would be no conflict of interest, even though he is no longer involved with the project.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 4-0, the Board approved Resolution No. 2016-21; Public Hearing concerning the Omega Communities LLC Industrial Revenue Bond financing Inducement Resolution and TEFRA Hearing. Fiscal Impact: The County has received a $1,500 application fee. If this resolution is approved and the applicant sells the bonds, the County could receive 1/2 of 1% of the bond proceeds which could generate up to $180,000 of revenue for the County and authorizing issuance of Tax-Exempt Senior Living Revenue Bonds not to exceed $40,000,000.
Ordinance Amending Chapter 9, Section 9-3
Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY. FLORIDA; AMENDING LAKE COUNTY CODE CHAPTER 9, SECTION 9-3, ENTITLED “LAKE COUNTY PUBLIC SAFETY COORDINATING COUNCIL”; MODIFYING THE MEMBERS OF THE COUNCIL; MODIFYING THE NUMBER OF MEMBERS REQUIRED TO OBTAIN A QUORUM; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this issue, the Chairman closed the public hearing.
Commr Cadwell clarified that the changes requested were to put the County in compliance with State Statute and to obtain a quorum more easily.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the adoption and execution of Ordinance No. 2016-5 amending Chapter 9, Section 9-3, of the Lake County Code regarding membership and quorum requirements for the Lake County Public Safety Coordinating Council. There is no expected fiscal impact.
PUBLIC HEARINGS: REZONINGS
REZONING CONSENT AGENDA
Mr. Chris Schmidt, Planning and Zoning Division Manager, Economic Growth Department, displayed the advertisements presented on the overhead monitor and requested that the Board approve Tabs 1-3 of the Rezoning Consent Agenda, as Tab 4 was moved to the Non-Consent Agenda due to public comment.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding these rezoning cases, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda as follows:
Tab 1. Ordinance No. 2016-6
Text Amendment Case #CP-2015-05
Regional Office Text Amendment
This amendment will strike the text, “Residential uses are excluded on parcels in this category located within the Mount Dora Joint Planning Area first authorized by the Board of County Commissioners on September 28, 2004,” from Policy I-1.3.6 Regional Office Future Land Use Category and add borrow pits, consistent with Policy III-3.5.2, as a conditional use within the Regional Office Future Land Use Category.
Tab 2. Ordinance No. 2016-7
Rezoning Case # CUP-15-07-5
Fiddler’s Green Ranch
Approve a new CUP ordinance to replace Conditional Use Permit (CUP) 90/2/5-5 to allow an additional eight (8) RV sites, twelve (12) self-contained equestrian trailers, a multi-purpose building, another barn and associated uses.
Tab 3. Ordinance No. 2016-8
Rezoning Case # RZ-15-22-1
Mohamed El Aswad
Rezone property from Agriculture (A) to medium Suburban Residential (R-4).
REZONING non-CONSENT AGENDA
Mr. Schmidt, presented Tab 4, Case # RZ-15-24-5 Chrysalis Health located in District 5, noting the applicant is requesting to amend the Community Facility District Ordinance #1998-76 and rezone the property changing it from a rehabilitation, training and foster care center for at-risk youth to a Comprehensive Transitional Education Facility by rescinding/replacing Ordinance #1998-76. He added that the case was pulled due to general questions raised by a resident but was ultimately approved by the Planning and Zoning Board 4-0 after the questions were addressed. He noted staff recommendation was for the Board to approve Tab 4.
The Chairman opened the public hearing.
Mr. Ed Lacasa, Chief Operating Officer and General Counsel for Chrysalis Health, thanked the Board for the opportunity to speak on the matter and he also thanked the Planning and Zoning staff for their diligent work. He stated that he hoped the Board would approve the case.
Ms. Marianne Yonetti asked if the zoning change would be permanent allowing other facilities to come in after Chrysalis Health and use the property for the same purpose. She stated that the area is residential, and this would be a 24-hours a day, 7 days a week business, adding she is concerned how expansion on the property would be limited. She questioned whether there would be signs posted in the area alerting residents to the new facility. She mentioned her concern about the road capacity due to increased traffic in the area from a 24-hour facility. She opined that even more traffic would be added to the area if the facility was planning to offer outpatient programs. She expressed concern about crime occurring in the area because it is not a lock down facility. She questioned if detox programs would be available at the facility which would lead to different clientele. She opined that there would need to be better police response times if there are issues at the facility.
Commr. Parks responded that zoning changes are permanent.
Ms. Trish Lynch, from Altoona, stated that she recognizes the need for these facilities, but as with most residents, wants to know why it is being built next to her neighborhood. She mentioned that many of the residents in the area have lived there through the previous uses of the facility, which have not always been positive experiences. She opined that the latest group living in the facility was not managed well and speculated whether mismanagement would continue. She reported that she has spoken with the local Lake County Sheriff’s deputies in the area, and she is concerned about response times should issues arise. She stated that the surrounding residents have many questions because clear information about the new use for the facility was not made available. She remarked on the quantity of people the facility would draw in, through residents and employees, and the potential impact on traffic. She explained that they understand the need for the facility and are not trying to prevent it, but they want more information, along with steps that would be taken to keep it from impacting the area negatively.
Mr. Lacasa stated that he would like to clear up some of the concerns of the residents. He indicated that there would not be outpatient or detox programs at the facility and that it would be a voluntary, inpatient facility only. He noted that the use for the facility had been for at-risk youth from 1998 to present day, and his understanding is that there were issues with the facility due to the nature of the residents. He clarified that the new use would be a voluntary program for seniors living with chemical dependency issues. He pointed out that there are several senior citizen communities within 25 miles of the facility, and he feels that there is a need for this type of program. He added that with an ordinance change, the facility would go from a 48 bed facility for at-risk youth to a 60 bed facility that would be a unique property, serving the senior population. He reiterated that the residents would be low impact, non-violent and not prone to leaving as it is a voluntary program. He believes they offer a better alternative to the current zoning. He stated that Chrysalis Health has been in business for 21 years and has an excellent reputation as a State provider.
There being no one else who wished to address the Board regarding this rezoning case, the Chairman closed the public hearing.
Commr. Campione queried whether there would be expansion on the property past the 60 beds approved in the ordinance.
Mr. Lacasa stated that there are 55,000 square feet already built on the property, and there are no plans for expanding beyond that. He added that the 60 beds proposed were ample and that there have been architects at the site who have surveyed the facility to retrofit what already exists.
Commr. Campione stated the applicant would need to be back in front of the Board for another round of hearings if they wished to extend past the 60 beds proposed.
Commr. Cadwell stated that the Lake County Boys Ranch was originally approved as a Conditional Use Permit in 1970 and then in 1998 was created as a Community Facility District (CFD). He noted that if Chrysalis Health does anything different than what the ordinance states, if approved, they would have to come back before the Board and go through the public hearing process to change the zoning. He commented that the amendment being proposed creates a better use of the property. He remarked that the Board will hold Chrysalis Health to what the CFD specifies, and traffic and crime rates will be monitored with reports back to the Board through the Lake County Sheriff’s Office.
Commr. Campione addressed the concerns of the public, pointing out that this would be a trade from a problematic facility to a less problematic facility, with limitations on expansion. She further clarified that there would be no possibility of another at-risk youth facility, because the ordinance would be changed with approval and would need to be adhered to. She noted that she does have concerns on the road condition and wanted to be sure the traffic study had been fully vetted, noting that the issue of resurfacing sounded legitimate.
Mr. Jim Stivender, Public Works Director, noted that the road was clay when the Boys Ranch was originally built, then paved in the 1980’s, so it does need resurfacing but the road would be able to withstand the volume proposed.
Commr. Cadwell stated that another business could open a new Boys Ranch, under the current zoning, and do nothing to better the road. He added that with this ordinance, it has been brought to the Board’s attention, and it will be monitored and weighed against the other road projects in the County.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved amending Community Facility District (CFD) Ordinance #1998-76 (Lake County Boys Ranch) to change the use of the property to a Comprehensive Transitional Education Facility and rescind/replace Ord. #1998-76 with new Ordinance No. 2016-9.
mt. plymouth greens pud
Mr. Schmidt presented Tab 5, rezoning case number RZ-15-06-4, Mt. Plymouth Greens Planned Unit Development (PUD), noting the applicant is requesting that the property be rezoned from medium residential R-3 zoning to a Planned Unit Development (PUD) zoning. He stated that the new zoning for the 92.8 +/- acres would be for a single-family residential development, and the applicant is also requesting a partial landscape waiver to Land Development Regulation 9.01.06 for the property. He pointed out that the Planning and Zoning Board pulled the case to regular agenda so concerns brought forward by the residents of the area could be addressed. He stated the Planning and Zoning Board added conditions to the PUD, all agreeable to the applicant, that included a minimum of a two-car garage, 25 percent side loaded garages, paved driveways on all new homes, limited front yard fencing to a maximum of 4 feet in height, prohibited recreational vehicle storage, required use of smart irrigation, a requirement that 50 percent of the homes have front porches and that there be underground utilities provided for new construction. He noted that the case was then approved with a 4-0 vote on the regular agenda. He added that there are three public comments of support, nine with concern, 54 in opposition and also a petition in opposition with 221 signatures. He stated that the staff recommendation is for the Board to make a motion to approve Tab 5.
Ms. Melanie Marsh, the County Attorney, reminded the Board that per the ordinance on Ex Parte, the Board would need to disclose any meetings with the applicant and/or opposition on this case.
Commr. Campione disclosed that she had multiple meetings with the opposition, the owners of the property and their representatives.
Commr. Conner disclosed that he met with the residents and applicants, pointing out that the County Manager and County Attorney were present.
Commr. Parks disclosed that he met with both the applicant and opposition, in person and over the phone.
Commr. Sullivan disclosed that he met with both the opposition and the applicant in his office.
Commr. Cadwell disclosed that he met with the applicants, Mrs. Flo Lang and the Mt. Plymouth Land Owners League in regards to this case.
The Chairman opened the public hearing.
Mr. Ray Bradick from PKA Orlando, Inc., the development manager for the owner, Pandevco, LLC, presented a PowerPoint presentation to the Board. He pointed out that this project has been in progress for over a year and a half, and he gave a brief history of the progression starting with the pre-submittal application sent in July, 2014 through to the final Planned Unit Development (PUD) application submitted in March, 2015. He gave a synopsis of the meetings that took place between the applicant, the Mt. Plymouth Landowner’s League, and County staff, noting that the largest issue to arise was lot sizes. He remarked that Mt. Plymouth was originally platted at 50-foot lots, and over the years some of those lots have been combined and purchased together causing a mixture of lot sizes. He noted that the lot sizes proposed in the PUD are currently at fifty-five 100-foot lots, fifty-three 85-foot lots and eighty-nine 75-foot lots. He opined the proposal does a good job of mixing lots sizes to blend with the area. He pointed out that in the proposal, the developer will provide the funds to extend Exmoor Drive to Sackamaxon Drive, completing the road circulation of the area. He indicated that the proposal has central sewer and water and will meet the Wekiva Protection Act criteria.
Mr. Bradick described the architectural styles in the proposal as craftsman style homes with three elevations, and he feels that keeping with this style will allow the new development to blend in with the existing community and will bring consistency into the area. He stated that they have worked diligently with Lake County’s Public Works Engineering Division to ensure good traffic calming solutions are in place, such as stop signs, speed tables and traffic islands. He opined these will effectively help the neighborhood in slowing down the traffic, which would lead to a pedestrian and golf cart friendly area. He presented information on the positive financial impact for the County. He stated that the new development would bring consistency to the area through the Comprehensive Plan policies, adding that the new plan shows a 2.1 dwelling per unit, which is 30 percent less for allowable density than previously. He pointed out that the proposal meets all of the policies in the Comprehensive Plan and the Land Development Regulations, so they believe that the proposal meets every Lake County criteria. He gave a brief summary of the presentation, noting that the current residents will have the option to connect to the new central water and sewer system if they decide to do so, the 25 percent open space shown in the plan would be available to all residents but maintained by the new Homeowner’s Association, and that they feel with the new development the home values in the area will increase. He added that they are trying to create pluses for the area and create a sense of place through this infill project.
Commr. Cadwell asked if other amenities were planned for the development and clarified that the 25 percent open space would be available to all residents. He pointed out that in the Planned Unit Development, there needs to be specific verbiage that states the existing homeowners are able to utilize the open space area. He opined that this is a unique infill project, and it would be best suited if a current resident was part of the process if there is an architectural design review board.
Mr. Bradick replied that the open space would be available to all residents, current and new. He stated that the applicant was amenable to the idea of the current resident having a spot on the architectural design review board. He noted that no one would be prohibited to use the open space, adding that in the plan it would be the Homeowner’s Association’s responsibility to maintain the golf cart paths, but an easement would be granted to the County for access.
Commr. Campione asked for the price point on the proposed homes.
Mr. Bradick replied that the target price per home would be $250,000. He added that they are trying to be in the middle range of the current new home prices in the area.
Commr. Campione mentioned that the speed tables are effective but asked if the applicant would be open to using landscaped medians in place of the speed tables. She stated that she would like for the applicant to refer to the Public Works department for the installation of the traffic calming devices. She added that the Public Works department has a plan for a combination of speed tables and islands, noting that the residents she spoke with would prefer the islands because they would add to the landscaping of the area and contribute to a sense of place.
Commr. Cadwell clarified that it would be the teardrop shaped medians, not a boulevard median.
Mr. Bradick responded that he believes there is a combination of the speed tables and islands plus stop signs, adding that a speed table would have to suffice in the areas where an island median is not feasible. He pointed to an illustration in the presentation showing what the islands look like visually. He noted that the islands could be xeriscape landscaping so that maintenance would be low. He remarked that the Public Works department would make the final decision on the traffic calming.
Commr. Parks summarized that traffic calming is needed, and the Board would like Public Works to decide the traffic calming devices.
Commr. Campione queried what the impact of the new water system would be on the old system, after hearing concerns about low water pressure from the current residents.
Mr. Bradick replied that Florida Governmental Utility Agency (FGUA) has stated that they are able to handle the additional capacity the development would bring. He stated that the pressure would be put on them to make necessary improvements where needed to provide service. He added that it would be FGUA’s responsibility to apply for the Consumptive Use Permit if improvements were needed to handle more capacity. He opined that lower utility bills will be another positive for the existing residents currently on the FGUA system, because of the added volume.
Commr. Cadwell pointed out that FGUA will need to invest money to ensure the fire hydrants maintain a proper water pressure so they can be of significant help to the area if needed. He added that a fire hydrant cannot be installed if it does not meet the proper water pressure standards.
Mr. Bradick speculated that the flow rate is a minimum 500 gallons per minute, and it will be FGUA’s responsibility to show they can provide the capacity in order for Florida Department of Environmental Protection to sign the permit.
Commr. Campione queried if the owner would be opposed to a performance bond being in place to remove the old golf course structures which are currently on the property within a certain time frame.
Mr. Bradick replied that the structures would be the first things removed when phase 1 of the project begins.
Commr. Campione noted the old golf course soil could contain chemicals that were used when the golf course was still functioning and asked if the soil would be tested for these chemicals. She added that County staff would need to be privy to all of the information on the matter.
Mr. Bradick replied that the soil would go through the testing process and problems would be addressed, adding that it would be part of the final permitting process.
Commr. Campione stated that she wanted a provision added that the applicant would be responsible for the mowing and maintenance of the vacant areas until they have homes built on them. She asked if enforcement provisions for maintenance could be placed in the ordinance and deferred to the County Attorney to ensure that could happen
Ms. Melanie Marsh replied that there can be provisions in the zoning ordinance enforceable through code enforcement.
Mr. Bradick stated that the areas not under construction and the open space areas would be maintained as part of the Homeowner’s Association’s responsibility.
Commr. Cadwell stated that they needed to be part of the PUD and not part of a deed restriction or homeowner’s association, because making it specific in the PUD would make it a County rule and more easily enforceable through the County code.
Commr. Campione stated that she wanted to hear from the residents. She added that she would like to make a list of conditions that address the concerns of everyone involved. She queried the County Attorney about whether or not the applicant needed to go through the hearing process to obtain the PUD rezoning since the current zoning is R-3.
Ms. Marsh responded that the reason the PUD process is occurring is because the acreage of the property exceeds 10 acres, and not changing the zoning could lead to the area being developed in pieces by different developers.
Mr. Schmidt confirmed that the zoning change is required because of the land use category and because the development will move beyond 10 single-family homes.
Commr. Campione stated that if this was kept to an R-3 zoning, there would be a risk that the parcels would be broken up and developed by different builders, which would cause the community to be non-cohesive.
Commr. Parks stated that a concern he addressed with the applicant was making sure the buffer is made up of native Florida-friendly vegetation, and he wanted to be clear that it would have the natural look as discussed.
RECESS AND REASSEMBLY
The Chairman called a recess at 10:30 a.m. for ten minutes.
MT. PLYMOUTH GREENS PUD Cont’d
Ms. Frances Nipe, a resident of Mt Plymouth and member of the Mt. Plymouth Landowners League, stated that there were additional petitions being submitted to the Board, making the total number of opposition petitions over 553. She noted that more than 600 property owners are opposed to the submitted proposal, adding they want more 100-foot lots, 62 foot setbacks and a full scope of design guidelines put in the proposal. She pointed out that these are all compatibility issues; however, they have other concerns such as tree preservation, aquifer recharge, chemical soil analysis and future mandatory utility hook up. She stated that one of the most important concerns the current residents have is the number of 75-foot and 85-foot lots proposed in the new development, which do not meet the average size of the lots in the area. She stated the residents are requesting that existing and new power lines be buried and presented Florida Power and Light’s diagram of “Right Tree, Right Place,” which shows where canopy trees should be planted in conjunction with power lines. She pointed out with additional power lines there is concern that there will not be room for canopy or street trees. She reported another request is to have in writing that the new homes will be concrete block construction. She stated that it is difficult to tell what parcels are included in the development area and requested from County staff that all of the alternate keys be listed instead of only stating “multiple alternate keys.” She asked the Board to consider the residents requests.
Mr. Jim McGatlin, a resident from Sorrento, stated that he is concerned for the value of his home. He noted that he is very appreciative of the Board’s hard work and making difficult decisions that affect the community’s future is an important part of the job. He stated that he is concerned over the condition of the soil from the golf course and questioned whether a thorough chemical analysis of the soil had been done. He reported that multiple projects have been canceled due to the presence of harmful contaminants in old golf courses and agricultural fields. He opined that it is imperative that the condition of the soil be determined and the results published before the decision is made, because failure to do so could result in health risks and consequences to existing and future homeowners in Mt. Plymouth.
Mr. Elliot Moore, a resident of Mt. Plymouth, noted that the area was platted in 1926 and that the property values in the area began to go down due to economic decline. He feels that the character, flavor and rural village feel would leave the area due to the golf course being filled with the proposed generic housing. He mentioned they recognize that Metro-Orlando is spreading out to the area and the Wekiva Parkway is being built, but steps should be taking to preserve the rural nature of the area. He commented that speed tables are the least viable option, noting that driving a larger vehicle, such as a fire truck, could be difficult.
Ms. Flo Lange, a resident of Mt. Plymouth, stated that she has lived in the area for over 35 years. She believes the soil is of concern and should be tested. She commented that it is not clear on whether or not the existing residents will be required to hook up to the new central water and sewer system, even if they are currently on a well septic system, adding that her well and septic are paid for and she does not want to hook up to central water and sewer. She questioned how the roads would be maintained with the additional homes. She noted that the local fire station currently staffs only two firemen at a time, and she is concerned that there will not be sufficient fire protection if another 197 homes are added to the area. She is concerned about the school system impact and believes the numbers are incorrect. She opined that placing a subdivision within another subdivision is not practical, adding that there are plenty of areas already platted for subdivisions that the applicant could make use of.
Mr. Clark Morris, a resident of Mt. Plymouth, pointed out that the residents of Mt. Plymouth have purchased homes in a historic golf community for the green spaces, the wooded lots and originally for playing golf. He added that the area has meandering streets, a unique mixture of home styles and a quiet life that exists there. He stated that the economic downturn and resulting closure of the golf course has severely impacted their home values and neighborhood appeal. He commented that with the recovery, new opportunities are presenting themselves, adding that the existing residents have accepted growth in the area with caveats, input and guidance to developers. He mentioned that the community has examined their area and made determinations as to what design standards they feel will fit within their unique area and help recover home values. He stated that they would like quality planning so that what is built will not negatively impact or change the area, and they are trying to find the right formula to increase the attractiveness and marketability of the area to future residents. He respects the golf course owner’s right to make a fair return on their investment but that the new development must compliment and effectively coexist with the current properties and their owners, adding that this benefits both the developers and the residents, who collectively represent the largest group of landowners in Mt. Plymouth. He pointed out that there will be more pressure to develop the large tracks of land around Mt. Plymouth with the current development happening to the west. He stated that because of this, it is imperative to set a good precedent of well thought-out design and higher standards now for future building in the Mt. Plymouth-Sorrento area. He noted that the Mt. Plymouth community has effectively organized, held meetings, raised funds and obtained the services of a professional consultant for guidance to present a coherent and rational request to the Lake County Commission regarding their concerns, and he is requesting that the higher standards be applied as a condition to the approval of the development.
Ms. Mary Oplt, a resident of Mt. Plymouth, stated that her home runs parallel with the 16th fairway of the old golf course, and she has a dry lake bed behind her. She pointed out that the area has been designated as an open space and wanted clarification on the intent. She noted there have been motorbikes driven up and down the fairway, and she is concerned that this will happen on the open space if the other pieces of property are developed, bringing the possibility of noise and vandalism.
Mr. Henry Jakucewicz, a resident of Mt. Plymouth, stated that he does not believe that the addition of traffic from the new homes will improve the quality of life or land values in the area. He explained that he and all of the residents built their homes on a golf course that now has been taken away from them, and they feel it is unfair. He said he is unclear of who the applicant spoke to, because there is not an existing homeowner’s association, and that is why they built there. He commented that he enjoys the diversity of the neighborhood, and the golf course has become a natural nature preserve that he enjoys as much as the old golf course. He feels it would not be a plus for the neighborhood nor reduce the number of dirt bikes in the area. He opined an undeveloped golf course is preferable to an overdeveloped housing project.
Mr. Tim Bailey, a property owner in Mt. Plymouth, member of the Mt. Plymouth Landowners League and a Chair on the framework study that includes the Mt. Plymouth area, stated that he looks at this project from a different perspective and acknowledges that changes are going to happen but regrets the golf course will no longer be in existence. He indicated that taking out 75-foot lots and only having 85-foot and 100-foot lots would be a small modification that would impact the development by only 13 percent; however, it would notably and positively impact the continuity of the community. He noted that the majority of the lots in the area are 100-foot and it would be a positive if continuity can be maintained. He stated that he is also concerned about the maintenance of the land that the developer owns as a whole. He opined that the requests made by the community are reasonable and asked that they be given serious consideration.
Mr. Greg Beliveau, retained by the Mt Plymouth-Sorrento Landowners League, stated that the league is requesting that all of the lots be 100-foot, and the other lot size options not be considered at this time, adding that over 70 percent of the existing lots in the community are 100-foot in size. He presented different styles of homes in the area, noting that there is an abundance of housing trends and styles. He requested that the design requirements for the new development be increased beyond three elevations and the bungalow style be added to the design requirements. He pointed out that the developer has proposed the side setbacks be 58 feet, but the Landowners League has requested the side setbacks be 62 feet. He noted that they would like the design specificity to be written in the PUD and not only in the HOA. He stated that the Landowner’s League is requesting that there be no waiver to the landscape code and would also like to be provided perimeter walls on the external buffer and double frontage lots.
Commr. Campione asked that the exterior wall placement be clarified.
Mr. Beliveau pointed out that the proposal shows a reduced buffer on S.R. 435 due to street trees being provided; however, the Land Development Regulations already require street trees so the Landowner’s League is requesting an exterior wall be placed there, as well as on double frontage lots, which currently only have landscaping proposed.
Mr. Bradick stated that to keep clusters of one lot size from occurring, a mix of lot sizes would be in each parcel pod, keeping it as close as possible to the percentages proposed. He noted that there would be a tree survey completed, and the goal would be to retain as many existing trees as possible, adding that there is a requirement for new trees to be planted, which would help with forestation. He stated that the developers commit to burying all electric service lines going to the new homes, but the expectation of burying existing power lines is not feasible. He opined that existing home values would increase with the price point of $250,000 and above. He commented that the soil testing would be completed, and any issues would be resolved as part of the engineering analysis. He stated that they have tried to propose a mix of lots and home styles that are compatible with the existing area. He noted that there will be no mandatory hookup to the central water and sewer. He added that the lack of fire personnel in the area would need to be addressed by the County. He opined the plan submitted is well thought out and has addressed the issues through interaction with the residents and the County staff. He stated the Homeowner’s Association would enforce violations in the open space, and there are no plans for ballfields or development; it is to be used as a passive area only. He remarked that the results of a traffic study completed per Lake County criteria and the results did not show any negative impact, and that the increase of road use would be gradual, as this project would be completed over a four year period. He stated that the intent is for the maintenance responsibility to fall on the Homeowner’s Association and the builder. He noted that current zoning requires side setbacks be 5 foot; however, the proposal shows 7.5 foot and which they feel is adequate. He stated that they are agreeable to increasing the number of elevations, but that would need to be done at the builder level as well. He pointed out that this is an unusual PUD, because every home fronts a street, and the waiver for the landscape buffer was requested because of this. He added that on double frontage lots, a landscape buffer is far more viable than building decorative walls but noted that entry feature walls will be provided along S.R. 435.
Commr. Campione queried about the number of acres inside a pod of land, because she is concerned that one pod could have several builders, which could lead to quality and continuity issues, and questioned if each pod could be required to have the same builder.
Mr. Bradick replied that a pod of land ranges from 6 to 12 acres but the goal is to have one builder for the whole development. He pointed out that keeping it to one builder retains consistency and keeps it simpler. He added that they would commit to one builder per pod, however, if having one builder throughout does not work out.
Commr. Campione asked if there was other property owned by the developer, and if there were past maintenance issues with that property, since she recollected there being an issue of mowing and overgrowth. She asked whether or not the additional property’s maintenance could be added to the conditions of the PUD.
Mr. Bradick stated that the developer also owns 30 to 35 acres on the west side of S.R. 435 and has no plans to develop it at this time.
Ms. Melanie Marsh stated that the additional property was not advertised as part of the zoning ordinance, so maintenance provisions for the additional property could not be included. She added that the conditions being placed into the ordinance during the meeting were to be added on the legal description of the PUD specifically advertised. She commented that County staff is working on modifying the County code that would address these issues.
Commr. Campione commented that this is an important issue, because maintenance is an ongoing problem within the community, and there is frustration that it cannot be addressed as a result of what is being discussed.
Commr. Cadwell stated that in talking with the property owner and the residents, the biggest concern is over the lot sizes. He said that concerns him from a business standpoint because enough lots need to be platted for sewer to be viable. He commented that a higher level of soil testing akin to orange grove soil testing can be done for the golf course soil, the traffic calmers installed, and having a current member of the community on the architectural design board for the new homes can be added, but it seems the matter of how many 100-foot lots there are seems to be the largest issue.
Commr. Campione stated the Board was trying to find a balance by addressing as many of the concerns as possible but also allowing for the property to be developed as a PUD instead of one piece at a time, which she believes would ultimately hurt the community.
Commr. Cadwell pointed out that there were similar issues in North Lake County, specifically Umatilla, where there are squares of 9 to 10 homes with no sense of community because they are all different. He stated they are surviving, but ultimately that is not what the residents of Mt. Plymouth are looking for.
Commr. Parks stated he wanted to make sure soil testing was addressed in the conditions.
Mr. Schmidt stated that it would be the typical preliminary type, but additional conditions could be added to the testing if the Board deemed it necessary.
Commr. Campione stated that soil testing was at the top of her list of conditions and wanted to be sure that the Board is privy to those results. She remarked that if it were possible, the Board would keep the space open indefinitely, but that is not an option. She then listed conditions to be added into the PUD before Board approval, which would be compiled and then listed by County staff.
Commr. Cadwell stated that there should be a maximum number of no more than four builders. He added that the front porch sizes should be determined based on housing size and style.
Mr. Schmidt pointed out that adding an existing member of the community to the architectural design review board needed to be added to the list of conditions.
Commr. Campione agreed and then stated that the driveways need to have room for two cars to reduce street parking, and the garages also need to be two-car garages. She added that the driveways should be pavers or concrete with paver accents, which could assist in creating continuity in the neighborhood.
Commr. Cadwell stated that pavers in the Wekiva area are best because they are not as impervious.
Commr. Parks noted to County staff that these conditions would need to be compiled quickly so they could be visually depicted. He stated that if the approval was to move forward there are a lot of conditions to be added in the language and it needed to be clear.
Commr. Conner queried if the lot sizes were added into the conditions for the PUD, since lot size is the largest concern of the current residents. He opined that trying to balance the property owner’s rights and the integrity of the neighborhood makes for a tough decision, and the goal is to have something that is compatible to the existing neighborhood. He requested that the percentages of the proposed lot sizes be read back.
Mr. Schmidt responded that the percentages are 28 percent of 100-foot lots, 27 percent of 85-foot lots and 45 percent of 75-foot lots.
Commr. Campione responded that imposing a hard rule of only 100-foot lot sizes could keep away developers. She added that creating high quality that enhances the neighborhood is the goal. She commented that she believes adding certain conditions over adding more 100-foot lots would be the best route.
Commr. Cadwell stated that this PUD has been more specific than any other before it. He believes that the requirements added will benefit the neighborhood in the long run, increase the home values in the area, and overcome the lot size issue.
Commr. Parks confirmed to the Board that the list of conditions to be added to the PUD, as read by Commr. Campione, would be printed out and reviewed before the Board would vote.
Commr. Sullivan commented that his concern is keeping the character of the neighborhood, but changing the lots sizes to all 100 feet would not make it a viable product to builders. He pointed out that he has never experienced a developer as amenable as the applicant to making changes. He believes all of the conditions proposed to be added to the PUD will enhance the community. He added that it will stay R-3 Zoning if the ordinance is not changed, and he believes that approving the proposal to change it to a PUD is the best course of action, without overstepping the bounds of property rights. He stated that if all of the conditions listed by Commr. Campione are included in the PUD, he is comfortable moving forward with the approval.
Commr. Conner stated that he is really trying to find middle ground and thanked both sides for being professional and presenting good cases. He added that he agreed that the developer has made a lot of concessions to the existing homeowners, but he does not feel it would be unacceptable for the developer to change all of the 75-foot lots to 85-foot. He pointed out that with the current zoning, a builder could come in and build homes that would not bring continuity to the community, so care needs to be taken not to overreach, because the next proposal may not be as good as the current one. He asked that the proposal contain zero 75-foot lots and only contain 85-foot and 100-foot lots, because he believes that would be a way to find middle ground.
Commr. Parks stated that staff would need to print the list of conditions up; because the Board wants to be sure everything is clear before voting.
RECESS AND REASSEMBLY
The Chairman called a recess at 11:59 a.m. for 30 minutes.
Mt. Plymouth Greens PUD Cont’d
Mr. Chris Schmidt presented the list of conditions as stated by Commr. Campione, noting that new lot sizes were proposed by the applicant during the recess: seventy-one 75-foot lots (36 percent), seventy-one 85-foot lots (36 percent) and fifty-five 100-foot lots (28 percent).
Commr. Conner stated that he is still concerned that the lot sizes were not adjusted to be only 85-foot and 100-foot in size with zero 75-foot lot sizes.
Commr. Campione pointed out that the conditions needed to include that the park area would be for daytime use only, that it would be secure to restrict all-terrain vehicle use, and that no amenity fee would be charged to existing homeowners. She added that any remediation concerning soil testing would need to be completed prior to any site work being started.
Mr. Bradick requested 12 months to remove all existing structures on the golf course to allow for permitting and to maintain the grass height at 12 inches.
Commr. Campione stated she agrees but pointed out that there would be code enforcement when the grass hits 12 inches and asked for a developers agreement to maintain the property owned on the west side that is not part of the PUD.
Commr. Conner requested that someone from the opposition stand and speak to the changes.
Mr. Tim Baily stated the community has worked hard and appreciates the developer and the Board working so diligently with the existing residents and feels that the outcome is a product that is a fair compromise.
There being no one else who wished to address the Board regarding this rezoning case, the Chairman closed the public hearing.
Commr. Conner stated that he would support the project and appreciates the flexibility on both sides, specifically noting the developer’s concessions.
Commr. Parks stated that he appreciates all involved, specifically noting Commr. Campione’s hard work. He thanked the developer for being flexible.
Commr. Sullivan pointed out that with the input from the existing residents and the developers, a common ground was found to move forward and alleviate some fears. He noted that everyone was willing to compromise, which aided in it running smoothly. He added that the State of Florida is now the third most populous state in the country, and there are no signs of it slowing down. He commended the residents and developers for getting involved.
Commr. Campione thanked everyone for all of the time put in and feels that this solution is better than keeping the current zoning. She additionally thanked the Board and staff for making it a collaborative effort.
On a motion by Commr. Campione, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved rezoning case # RZ-15-06-4, Ordinance No. 2016-10, Mt. Plymouth Greens PUD, with the following conditions:
Lake County grants automatic waiver to central water connection for all previously platted lots pursuant to the Lake County comprehensive plan and Florida statutes as amended; this would not preclude one from connecting if they choose to do so. Landscaped medians/traffic islands shall be used for traffic calming, in lieu of speed tables, as determined by Lake County public works, and will be coordinated with developer and existing lot owners to assure they are placed in appropriate locations that do not impede existing owners’ driveway access. All utilities such as water, sewer, electric, cable and telephone shall be installed as underground utilities for this development; in the event landscaping is required near existing power lines, tree plantings shall be 20-30 feet from adjacent power lines to prevent interference with existing above ground power lines; a tree survey will be conducted prior to construction activities, and any mature trees will be replaced per Lake County’s land development regulations, the replacement tree height shall be a minimum of 12 foot to 14 foot. All amenities such as sidewalks, golf cart paths, pocket parks, or open space shall be dedicated to the public or lot owners in both the new and existing Mt. Plymouth development; the parks will be for daytime use only, be secured to restrict all-terrain vehicle use and be free of fees to existing Mt. Plymouth residents. No more than four home builders shall be used for the project. The existing structures (clubhouse and golf cart building) shall be removed from the property within 12 months of the effective date of the ordinance; a demo permit shall be obtained from the county prior to the commencement of demolitions. Mandatory soil samplings shall be required in accordance with American Society for Testing and Materials (ASTM) standards where golf courses are considered a recognized environmental condition (REC) and the results provided to Lake County and Florida Department of Environmental Protection; the developer shall address all remediation action per the findings and all remediation work shall be completed prior to site work beginning. Home design alternatives include: craftsman, bungalow, Florida cracker/low country, “southern living” (front porch) or “historical dubsdread” which shall require a variety of architectural features and materials such as stone, stucco, craftsman columns, porches, metal roofs, tile, shutters, decorative doors, etc. to achieve each architectural style; the goal is to achieve “custom home design and construction.” All areas of the planned unit development shall maintain a grass height of 12 inches or less. Fifty (50%) percent of the single-family residence units shall have an 8’ x 14’ minimum size covered front porch consistent with the craftsman, bungalow, Florida cracker/low country, “southern living” (front porch) or “historical dubsdread” architectural design, unless enhanced by brick or stone. All single-family residence units shall have a paved two car driveway access from garage to street (concrete or pavers). Developer shall provide Lake County with a bond to pay the cost of road degradation caused during the construction and should repairs be deemed necessary; developer may make repairs and enhancements using developers’ own constructor subject to Lake County approval. A member of the existing Mt. Plymouth community shall be appointed to the Mt. Plymouth greens HOA architectural design board and shall be incorporated into the homeowner’s association development.
summer lake-grace groves – Rezoning case rz-15-28-4
Mr. Schmidt presented rezoning case # RZ-15-28-4, Summer Lake-Grace Groves, stating that the applicant is asking to rezone approximately 265.5 acres from Agricultural to Planned Unit Development zoning for a phased, mixed-use PUD for an office, warehouse/distribution, industrial, commercial, medical services, hospital, college and multi-family residential, together with a Borrow Pit Use (Mining Conditional Use Permit (MCUP)/Mass Grading) to supply fill material for the construction of the Wekiva Parkway. He stated that the Planning and Zoning Board pulled the case to address compatibility concerns and added the additional conditions, all agreeable to the applicant, to include a 200-foot setback along the southern boundary of the borrow pit activity. He noted that with the addition, the case was approved 4-0 on the regular agenda, and the staff recommendation was for the Board to approve Tab 6.
Mr. Greg Beliveau stated that this proposal is an economic generator for the Round Lake Road area and has been worked toward for 15 years. He pointed out that the area has been zoned for an employment center since 1992, and in the 2010 Comprehensive Plan it was reinforced as a regional office. He added that a route of the Wekiva Parkway project will cross over the property and this was identified to the public through multiple public hearings and notifications. He noted that in 2011 the City of Mount Dora and Lake County adopted a joint resolution for the employment center and the City of Mount Dora received grant funds to create a master plan, which was then used to create the current proposal, along with input from Lake County, to identify the needs in the area. He opined that the PUD created is positive for Lake County and the City of Mount Dora because it produces a live, work and play environment. He stated that the PUD requires the developer to follow the Mount Dora design criteria, which will lead to design compatibility within Mount Dora. He explained that the campus is anchored by Lake-Sumter State College, and the agreement will be finalized if the zoning is approved. He stated that after the agreement is completed, funding can be requested from the State of Florida and Phase 1 for the first 400 students can be opened with a maximum buildout of 4,000 students. He commented that there are 35 acres adjacent to Phase 1 that is medical oriented used to support the college and that there are commercial and residential plans for the western and southern boundaries to support the college as well. He stated that the Wekiva Parkway will sever the open space and take ownership of the environmental areas surrounding it. He pointed out that a mass grading project will need to be done to complete the project because flat ground is needed. He clarified that this is not a hole or lake; it is moving the dirt from the construction area to where the Wekiva Parkway project is located. He pointed out that it will not impact the County roadways, and the fill dirt will be fulfilling a need of the Parkway project. He stated that the site will be self-contained with only 16 employees coming in and out during the mass grading portion, so the traffic impact will be low. He noted that the traffic impact of the project will need to be evaluated and resolved on a phase by phase basis, because doing a traffic study prior to the Parkway being completed is premature, as the traffic patterns will be unknown until its completion. He opined that the project is satisfying a long standing vision for the property and is providing a service to Lake County by providing the fill dirt for the Wekiva Parkway. He stated that all utilities will be provided by Mount Dora.
The Chairman opened the public hearing.
Mr. Daryl Carter, a resident of Orlando, stated that he is a member of the team working on the project and is in support of it.
Dr. Stanley Sidor, President of Lake-Sumter State College, presented to the Board preliminary information showing a positive, economic impact the new campus would have on the area. He pointed out that the college’s role is to help provide and sustain the local workforce, and they take students from one set of skills to a new, higher set of skills within that role. He listed the industries and occupations targeted in the project plan as being medical, warehouse distribution, technical support, accounting administrative and general management, adding that if 50 new jobs are added to the area, it is an initial earnings impact of $2,685,909 with a total earnings impact of about $3.3 million. He stated that the college’s role is to provide the professional development that would enable students to be successful throughout their career.
Ms. Cora Simpson, a resident of Mount Dora, stated that she understands growth is coming to the area; however, it needs to be done safely. She pointed out that the only access to the project area is from Round Lake Road, with a proposed exit off of Coronado-Sunset Drive, which circles around to Round Lake Road. She noted that the traffic analysis shows that Round Lake Road will need to be widened to 4 lanes from the Orange County line to S.R. 46 and opined that near the Orange County line there is a blind and dangerous curve in the road, which she presented an image of to the Board. She stated that she read through the information made available by the Traffic and Mobility Consultants (TMC) who were used for the project, and pointed out that their information does not show the curve on Round Lake Road. She commented that at the north end of the property is Bird Court, noting a dip in the road and showing an image where the accidents have allegedly occurred. She opined that the roads are not suitable for the proposed 43,000 trips per day as estimated by TMC and is asking that the developers find a way to exit the project directly on to S.R. 46 or back to Plymouth-Sorrento Road.
Mr. Matthew Simpson, a resident of Mount Dora, noted that his property line is on the south border of the proposed PUD and agrees the road curve on Round Lake Road is very dangerous. He remarked that he has had to call emergency services because of major traffic accidents on the road and that it has not been taken into account in the traffic study. He believes that with an extra 4,000 people in the area, the traffic will be worse and more dangerous. He commented that the main road is not sufficient and posed a question on what Orange County’s plans were for the section of road that runs across the county line. He questioned whether the buffer being planted would be mature growth or was it expected grow in and asked if it would be placed on all four sides of the property, specifically the south side. He also asked if the buffer was required to be put in place prior to the mass grading as opposed to when the actual building construction would begin. He stated that the PUD does not give clear guidelines for specific placement of the buildings, and as this is a 50 year project, he is concerned over how much credence is being given to future individuals involved.
Ms. Virginia Foreman, a resident of Mount Dora who resides on Bird Court, asked what the PUD means for the residents and asked if the change in zoning on the proposed property would result in a change to their property’s zoning designation, which would cause them to have to move.
Commr. Parks confirmed that the zoning for her property would stay the same, and they would not be affected by the PUD.
Commr. Campione stated that there may be some confusion due to the overlay placed on the map and pointed out that Ms. Foreman was not asking for her zoning to be changed, so it would remain the same and she would be able to stay in her home for as long as she wanted, adding, however, that there could be a possible increase in her property value.
Ms. Shirley Bias, a resident from Mount Dora, stated she has been living on South Coronado Drive for 43 years and she noted her main concern is over the mass grading proposed. She pointed out that some time ago another property owner in the area did a grading project causing dump trucks to use South Coronado Drive, and rain would spill soil and dirt onto other property and some homes after the project was completed. She commented that there is still wildlife in the area such as bears and gopher tortoises, and it is a rural area with one dwelling per five acres. She wanted assurance that the dirt would stay on the property and not be hauled using County roads. She is also expressed concern about the possibility of South Coronado Drive being extended through to the property.
There being no one else who wished to address the Board regarding this rezoning case, the Chairman closed the public hearing.
Commr. Campione clarified that the fill dirt is moved only within the property and not taken out on to County roads.
Mr. Beliveau confirmed that the fill dirt and materials go east on the property, right to the Wekiva Parkway project area, they are completely self-contained; and the only traffic impacts that will be felt are the employees working during that time. He pointed out that Public Works stated the entry needed to be across from Sullivan Ranch because of the curve. He stated that it is the requirement of the PUD that road improvements be made to Round Lake as each phase is completed, and that Round Lake will need to become a 4 lane road. He noted that there is a process for the installation of the buffers that starts when the mass grading begins and stated the buffer is replanted after tree removal due to the PUD hefty replanting requirements and that the buffer will be installed on all sides of the property except the Parkway, as that is where the more industrial uses for the property are being placed. He commented that the mass grading affects 90-100 acres only and tapers off to 122 feet, which is within the property and will not affect other landowners. He stated that the mining permit needed will address in detail more of the requirements on the phasing of the buffers. He pointed out that there are several sand skink preserves and added that all of the necessary federal agencies have been out to the property to ensure all species of plants and animals are being protected.
Commr. Cadwell and Commr. Parks disclosed at this time that they both met with Mr. Beliveau on this rezoning case.
Commr. Campione disclosed that on this rezoning case she has met with Mr. Beliveau, Mr. Daryl Carter, Mayor of Mount Dora, and Planning Director of Mount Dora; spoken to property owners through email; and made a site visit to see the land in relation to Sullivan Ranch and observe where the mass grading would take place.
Commr. Parks suggested adding that complete streets be installed where applicable in Section K of the ordinance since there will likely be a lot of pedestrian activity. He opined that while it may seem to be addressed, the correct verbiage should be in the PUD.
Commr. Campione confirmed that beepers would not be a noise issue and clarified that through the Land Development Regulations, any new permits that come through will need to comply with Mount Dora’s regulations. She added that the buffers, however, would need to adhere to Lake County’s Type C landscape regulations and asked what the Type C landscape contains. She expressed concern about whether that was a quality buffer and opined that it will come down to how the landscape architect designs it.
Mr. Schmidt responded that Lake County, Land Development Regulations, Type C buffers are 25 feet consisting of 3 canopy trees, 2 ornamental trees, and 2 rows of shrubs per 100 linear feet. He added that it was possible to move to Type D landscape regulations consisting of 5 canopy trees, 4 ornamental, 2 rows of hedges, and four 4 foot high berms.
Commr. Campione asked if the buffer would be installed at the start of the grading or at the start of infrastructure.
Mr. Beliveau responded that they are placing berms in the landscaping, even though it is Type C and that the buffers would be installed upon the approval of the mining operation permit, and the 25 foot buffer would be installed when the PUD commences.
Commr. Campione commented that studies for the traffic impact of the Wekiva Parkway on Round Lake Road are in process but queried if Orange County would need to be involved within the MPO, to make road improvements where the road crosses the County line. She commented that the Department of Transportation was interested in this project because of the possible impact on the Parkway.
Mr. Schmidt replied that Public Works would coordinate with Orange County Public Works in that regard.
Commr. Campione pointed out that there is a reclamation performance bond in the PUD. She confirmed that no development applications would be sent in until after the grading is complete. She questioned if there was a possibility of the property connecting to S.R. 46 due to Mount Dora’s Innovation Concept Plan.
Mr. Beliveau stated that he did believe that was a possibility per the Mount Dora transportation layout. He added that there are future road connections shown, but those take place after the Wekiva Parkway is completed, and there are also plans to obtain road connectivity to the east, off of the proposed site.
Commr. Campione pulled up the overlay for the Innovation District from Mount Dora’s website and pointed out that the overlay may have caused the resident’s confusion concerning their property being rezoned. She stated that she wanted to be clear that it does not change the zoning for those residents and wanted to calm their concerns. She noted that there are long-term plans for the area to make it an economic driver in the County, being upscale and a place where businesses in East Lake County want to be located. She queried how to ensure that good quality is kept in place as this project starts to progress.
Mr. Beliveau stated that the project must adhere to Mount Dora’s landscape and architectural and design rules and regulations, which are very specific and much heavier than Lake County’s. He added that they will have to comply with all of Mount Dora’s building requirements as stated in the PUD.
Commr. Conner clarified that a berm indicates an elevation in the landscape and suggested the use of viburnums in the buffer, due to their growth rate and thickness.
Mr. Beliveau responded that the berms would be built around the property; they would be a 4 to 1 slope adding to the buffer and making it roughly 325 feet away from outside properties.
Commr. Parks stated that using native viburnums would be an option and that using a natural look by using native Florida plants would be the best route.
On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved rezoning case # RZ-15-28-4, Ordinance No. 2016-11, Summer Lake-Grace Groves, with the following conditions:
Conditions supplied in the PUD; upgraded landscape and buffer criteria; complete streets constructed where applicable.
commissioner discussion/action items
state housing initiatives partnership (SHIP) program
Commr. Campione stated Tab 21 was in regards to her meeting with the Affordable Housing Advisory Board to discuss the amount of funds Lake County receives from the State of Florida for affordable housing projects. She stated that the funds can be used towards homeless transitional housing and rental housing needs, adding the funding is limited which causes the portion to be small for use on these needs. She recalled the testimony heard at the advisory meeting regarding inflexibility and insufficient funding which leads to unmet needs. She stated that this request is to ask the Legislature to give local government more flexibility over the distribution of these funds. She believes the conversation needs to be started on this matter and requested approval of the resolution.
Commr. Sullivan stated that this is important, especially now as it goes through the legislative process, and he believes anything that can be done, should be, to help Lake County’s affordable housing issue.
Commr. Campione pointed out that if SHIP was fully funded, this would not be an issue, but because the County gets so little, what is available to help the real needs is too small.
On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Resolution 2016-23 requesting Legislative action supporting changes to the State Housing Initiatives Partnership (SHIP) Program per Commissioner Campione. There is no fiscal impact.
Commr. Parks stated that this is a follow up to an item he raised in August, 2015 on the Canon Property near Leesburg. He noted that there are 6 endangered species on the property even though the area has faced some development pressures. He stated County funds are not currently available for property acquisitions, and the City of Leesburg is not interested in obtaining the Canon Property located by the ViaPort Mall (Formally Lake Square Mall) due to other understandable priorities. He added that he would like to explore the possibility of acquiring the property through the Trust for Public Land, which is a non-profit agency that works with local and state government to come up with ways to acquire and protect lands. He elaborated that because of the endangered species on the property, it is ranked high by the U.S. Fish and Wildlife Service for conservation acquisition. He stated that here is a possibility of a grant through the U.S. Fish and Wildlife Service with the assistance of the Trust for Public Land to acquire this property; however, the deadline is approaching quickly. He clarified that this would not involve the County using revenue funds to purchase the land. He stated that it would be done by reviewing property the County has already acquired that may have no value to the County and could perhaps be used in exchange for the subject property, making the grant a possibility.
Mr. Greg Chelius, from the Trust for Public Land, stated that he prepared a packet for each of the Board members to review and presented a graphic showing where the property is located. He pointed out that the property is 43+/- acres, contiguous to property the County already owns, and there are 20 acres to the north owned by the State of Florida. He stated that the project is being reviewed in three phases. He stated that the Section 6 Grant is provided by the U.S. Fish and Wildlife Service on a yearly basis, with this year’s grant having $11 million available for funding. He noted the three-phase breakdown was done in hopes of receiving $1 million of the available grant funds to be matched with $1 million worth of property owned by Lake County, noting that would equal a $2 million project. He explained that a property appraiser approved by both the State of Florida and Federal government appraised the property at $2.66 million. He elaborated that the City of Leesburg agreed to approve the correct zoning for senior housing, if the property was annexed, and that created the $2.66 million. He mentioned that the landowner is willing to sell the property for $2 million, which comes in under the appraisal. He explained an application for $1 million of the Section 6 grant would be submitted through the State of Florida to be matched with the $1 million of property owned by Lake County. He specified that the money from the grant would go to the State of Florida and then be channeled to Lake County to purchase the property. He added that the project would be completed over three years, and he believes that during that time the State of Florida would be willing to donate the 20 acres they own to the north. He pointed out that there is also another piece of property called the Runyan track that has a willing seller, which could increase the property acreage to roughly 72.18 +/- acres over three years.
Commr. Cadwell questioned who would take ownership of the property used to match the $1 million from the grant.
Mr. Chelius replied that the current landowner would take the property in lieu of cash. He stated that if the grant was successful, the landowner would receive $1 million in cash and $1 million in land value from Lake County, which would total the $2 million needed to purchase the property. He added that Lake County would need to decide which piece of property to sell, and the landowner would decide if they would accept it as payment. He commented that the determined property would be added into the grant information submitted by the State of Florida to the U.S. Fish and Wildlife Service.
Commr. Cadwell clarified that these would not be properties purchased through voter approved referendum funds.
Mr. Chelius pointed out that the landowner would be looking for viable commercial property to sell to make the additional $1 million.
Commr. Parks stated that it is still possible to submit a grant application if land value is not available, but it does not make the application as competitive.
Mr. Chelius agreed, stating that all that is required is a 25 percent match; however, there is a better chance of grant approval if Lake County is willing to provide the $1 million in land value.
Commr. Conner pointed out that this was added to the addendum on Friday, so there had been little time to review. He asked for clarification on the ultimate disposition of the land that Lake County would give to the landowner and who the landowner was specifically.
Mr. Chelius responded that the landowner is the Fuller Family Trust, who has owned the property for about 50 years. He clarified that the County would be giving them $1 million in land as opposed to cash and they would sell that land to recoup the money. He stated that it is possible to match the grant money with cash, but an easier way is through land value on property that is not being utilized.
Commr. Conner stated his concern is over the reoccurring operating costs and wanted to be sure all of the facts are reviewed before making a decision.
Mr. Heath pointed out that Lake County would manage the maintenance of the property and asked the staff what the cost of maintaining passive acreage is.
Mr. Bobby Bonilla, Parks and Trails Division Manager, replied that the cost to the County is $1000 annually per acre, for basic maintenance.
Commr. Cadwell stated that his concern is that if there is $1 million of land value, not part of the nature preserves, the County owns and that could be sold, it would need to be reevaluated based on the order of other projects.
Commr. Conner asked what the advantage was of a private individual selling the property offered by Lake County for the grant over Lake County selling the property itself.
Mr. Heath stated that there has been a two-year evaluation completed to determine property load, and there are instances where the County has been trying to sell land but is unable to. He added that the best thing would be to take a longer look at the idea to determine if it can be done instead of making a quick decision because of the March 18, 2016 date, pointing out there are many steps in the process that need to be completed. He noted there needs to be an inventory completed of Lake County property, a meeting with the Fuller Family Trust to see which property they would be interested in, an appraisal for a value, and due diligence will need to be completed in regards to environmental items if the Fuller Family Trust property is obtained. He does not believe those steps will be completed within 30 days.
Commr. Parks queried whether or not all of the appraisals needed to be completed.
Mr. Chelius replied that to submit the grant by March 18, 2016, a number of properties exceeding $1 million in worth would need to be identified and a statement that Lake County is willing to manage the property in perpetuity would need to be included.
Commr. Conner stated he would rather look at the Helena Run and other properties first due to their more comprehensive process. He pointed out that one of his concerns is taking on another 43 acres to maintain when there are currently issues taking care of the properties owned by Lake County.
Commr. Parks noted that he respects the Board’s comments and feels they are valid, however, he would like to request working with the County Manager and staff to see if there is a way to submit the application with preliminary information to get the process moving. He stated he understands if the Board wants to wait until next cycle.
Mr. Chelius pointed out that the County does not necessarily have to take the grant if it is awarded. He added that the Fuller Family Trust has worked toward the easements and the property is valuable and could be developed. He noted that because of the endangered species, the property ranks high but not high enough to prevent development. He addressed the concern of property maintenance, stating the maintenance could be minimal because the management would be mostly boardwalks due to endangered plant life. He added that he does agree there would be reoccurring expenses, but the property could be looked at as an educational property to help children and families, particularly in an urban area, learn what endangered species are and why they should be protected.
Commr. Cadwell noted that if there is $1 million worth of additional property in Lake County to sell, the list of properties that was compiled over a two-year period with citizens would need to be readdressed first to see where this new property would fall. He stated that there are a lot of projects that have not been done due to lack of funding, and he feels that the County needs to be careful about this. He then queried if the Water Authority had been contact as a co-applicant.
Mr. Chelius replied that the Lake County Water Authority had not been contacted but that he would be glad to reach out to them. He added that currently funds are not available at the State level.
Commr. Sullivan opined that it could be a viable project, and looking at the map he sees the pressures of development, but committing the land before things are finalized seems premature. He noted he likes the idea, but he does not believe it can be accomplished in the time frame. He added that he is reluctant to move forward before knowing the facts, because there are a lot of properties that were not reviewed when the County tried in the past.
Commr. Campione commented that having an ongoing priority list of properties the County can acquire would be useful, and she agreed that talking with the Water Authority should be followed through on.
Commr. Parks noted the larger issue of weighing the priority of the project against others but indicated he would like to talk with the County Manager to see if there are any developments that can occur before March 18 and then continue the conversation at the Board level.
appointment to Lake-Sumter mpo citizen’s advisory committee
Commr. Cadwell noted that there was not a nominee for District 5 and that the advertisement would keep running.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the appointment of Bradley Campbell to the Lake-Sumter Metropolitan Planning Organization Citizens' Advisory Committee as a District 3 representative, to complete an unexpired two-year term ending December 31, 2017.
REPORTS – COMMISSIONER sullivan – district 1
keep lake beautiful
Commr. Sullivan pointed out that there are several Keep Lake Beautiful events coming up and encouraged everyone to attend.
REPORTS – COMMISsIONER conner – DISTRICT 3
Commr. Conner noted the lobbyists are working hard to obtain progress on the Board’s Legislative objectives, and they have worked well with a number of the Board members. He thanked Commr. Parks for bringing the idea to hire the lobbyists forward and feels that it has proven to be a wise decision.
south lake chamber banquet
Commr. Conner noted that a large crowd was in attendance at the South Lake Chamber Banquet and pointed out that Ray San Fratello was honored for his retirement, adding that it was successful.
Commr. Parks noted that Commr. Sullivan has moved forward with a resolution to honor Mr. San Fratello and that it would be coming up in a future meeting and also noted that Mr. Michael Bucher won the Citizen of the Year Award in Clermont.
reports – commissioner cadwell – vice chairman and district 5
clermont citizen of the year
Commr. Cadwell congratulated Mr. Michael Bucher of United Southern Bank on becoming the Citizen of the Year in Clermont.
reports – commissioner parks – chairman and district 2
new beginnings softball event
Commr. Parks reported that at the National Training Center fields on Saturday, February 20, 2016 at 10:00 a.m., there would be a softball tournament held to help support New Beginnings, which aids the homeless in Lake County. He noted there will be police and fire department personnel playing for a “Public Safety Cup,” which is a tournament they hope to hold from year to year, to help inspire comradery, while helping a good cause.
the groveland 4 proclamation
Commr. Parks stated that he would like to bring a Proclamation forth acknowledging the Groveland Four at the next regular BCC meeting and added that it would be an encouragement to exonerate. He pointed out that he does not have specific verbiage ready, but the intent would be to follow the City of Groveland’s lead. He opined that it would be good for the Board and County to do and wanted to get it on the agenda. He reported Groveland’s proclamation would be presented that evening at the City of Groveland Council Meeting.
Commr. Campione noted that at the University Of Florida, College Of Law, there would be a panel review of the case, on Thursday, February 18, 2016 at noon, and that she would possibly be in attendance. She stated that she has read the proclamation being brought forward by the City of Groveland and would like to be sure the verbiage is reviewed by the County Attorney to avoid any legal ramifications. She added that she does not want to get in a situation where a case gets adjudicated by the Board members inadvertently that has already gone through the judicial process. She elaborated that she wants to address the atrocities, but do it in a thoughtful way for all victims involved.
Commr. Cadwell opined that the current Board has a history of healing old wounds, and the Board’s intentions can never be questioned; it just needs to be done the correct way.
Commr. Conner asked the County Attorney if there was any kind of resolution that would put the Board in liability. He stated that at the time there was not a fair judicial process followed that the Board could overturn.
Ms. Melanie Marsh replied that she would look into the matter, but she did not believe so.
Commr. Parks stated he wanted a starting point to the conversation and would like to try and put the atrocities behind Lake County, to start healing and building the community and show this is a great place for people to live, work and grow.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:34 P.M.
sean parks, chairman
NEIL KELLY, CLERK