A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 5, 2023

The Lake County Board of County Commissioners met in regular session on Tuesday, December 5, 2023 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Kirby Smith, Chairman; Douglas B. Shields, Vice Chairman; Sean Parks; Leslie Campione; and Josh Blake. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Stephanie Cash, Deputy Clerk.

introductions

Commr. Smith welcomed everyone to the meeting, and stated that it was being streamed on the County website and broadcasted via Zoom; additionally, he recognized the elected officials in the audience.

INVOCATION and pledge

Mr. Doug Ivey, from the Lake County Tax Collector’s Office, gave the Invocation and led the Pledge of Allegiance.

2023 women’s hall of fame

Commr. Campione presented the 2023 Women’s Hall of Fame to Ms. Louise "Lou" Brown. She mentioned that the Women’s Hall of Fame was started decades ago by Ms. Catherine Hanson, the first female Lake County Commissioner, and that it was an opportunity to recognize women in Lake County who had a positive impact in their field or in government. She noted that previous inductees included authors, teachers, mentors, business leaders, elected officials, and administrators, which presented a broad spectrum of women who had been involved and influential in Lake County publicly and behind the scenes. She commented that even though Ms. Brown was out in the public, she also had much involvement and impact behind the scenes, and that she saw the best in others, brought out the best in others, and inspired them, which was important when working with and instilling confidence in struggling young people. She related that Ms. Brown and her husband, Mr. Don Brown, moved to Lake County in 1997, and that she became a certified substitute teacher for Pre-K through third grade. She stated that after two years of teaching, she became a volunteer teacher’s aide so that she could give more assistance to the teachers and become more connected to the children. She relayed that in 2008 Ms. Brown became a Guardian Ad Litem to advocate for the rights of abused and neglected children, and that in 2010 she received the Volunteer of the Year Award from the Fifth Judicial Circuit Guardian Ad Litem program. She remarked that since 2008 Ms. Brown had served over 100 families and continued to volunteer for this worthy program. She commented that in November 2012 Ms. Brown led and curated a welcome home luncheon for 55 Vietnam War veterans because she saw a need that was not being met, and that thanks to her leadership and hard work, the welcome home program and luncheon had continued as an annual event with over 150 local veterans sponsored by Lake County residents and businesses. She relayed that in 2014 and 2015, Ms. Brown served on the Board of Directors of the Forward Paths Foundation while working for Guardian Ad Litem and being involved in many other organizations at the same time, and noted that the Forward Paths Foundation worked with young people who had aged out of foster care or were homeless, helping with the services they needed, promoting educational opportunities, and providing housing. She stated that in 2015 Ms. Brown was given the Outstanding Volunteer Award by Forward Paths Foundation, and that in 2016 to the current day, she dedicated her time to the Alan Madden Foundation serving on the Board of Directors as the Board’s secretary. She explained that this foundation was a faith based foster care organization, which provided many wrap around services to youth in 18 states, and that through this program Ms. Brown was able to influence where the resources were placed in order to have the most direct impact on the young people being served. She commented that she considered Ms. Brown as a servant leader because she was a leader who was involved in obtaining results, and that she was an advocate for those who could not speak for themselves. She related that Ms. Brown was a very patriotic person who believed in the goodness of the soul of America, and that she lived it and shared it with others. She remarked that Ms. Brown was a role model and mentor, and that she had made a mark on Lake County, inspiring others to serve. She stated that the County wanted to honor Ms. Brown by placing her picture on the wall and recognizing her as the inductee to the Lake County Women’s Hall of Fame.

Patriot Award

Commr. Smith stated that supportive employees were critical to maintaining the strength and readiness of the Guard and Reserve units, and that the Patriot Award recognized deserving employees whose support and good will were important to retaining highly skilled and qualified members of the Guard and Reserve. He then presented the Patriot Award to Ms. Melanie Marsh, County Attorney, on behalf of the Secretary of Defense, and said that Ms. Marsh was being recognized as a patriot employer for contributing to national security in protecting liberty and freedom while supporting employees’ participation in the American National Guard Reserve.

state of the county presentation

Commr. Smith relayed that the annual State of the County presentation was a chance to recognize the successes and challenges of the previous year, and that the theme for the current year, “Innovation through Collaboration,” highlighted how innovation and partnership in the community could lead to a great future for all. He then presented the State of the County video.

The video started with Commissioner Smith stating that they would highlight 2023 successes, innovations, and partnerships in the current year’s State of the County. He mentioned that over the prior 12 months, Lake County had embarked on transformative partnerships throughout the community resulting in innovative strides forward, and that as the Board Chairman and a resident, he was proud of the collective efforts resulting in achievements for the residents. He related that this included fostering community relationships, championing sustainable economic growth, and delivering dependable essential services, noting that these core objectives helped the County enhance the quality of life in Lake County for present and future residents.

Ms. Jennifer Barker, County Manager, stated in the video that staff worked on projects to support a resilient and prosperous community, including housing initiatives, environmental grants, online learning programs, and new facilities; additionally, their teams worked tirelessly to make government programs accessible to the entire community.

Ms. Maria Abdoulkarim, Director for the Office of Housing and Community Services, remarked in the video that through the State Housing Initiatives Partnership (SHIP) program, Lake County awarded over $2 million in funding to residents for home ownership and home repair assistance through the collaboration of their lenders and nonprofits, such as Habitat for Humanity, and their partnership with consumer counselors. She commented that through their Community Development Block Grant (CDBG) program, Lake County partnered with several municipalities on innovative projects to construct or improve neighborhoods, which included the following: the Wooton Wonderland Playground in the City of Tavares; the Yalaha Community Club Playground park redevelopments; the Lake Technical College (Lake Tech) Transportation and Innovation Center in the City of Tavares; the City of Fruitland Park water line project; funding for many parks, trails and roads; and the new construction of the Astor Library. She relayed that the homeless prevention program allowed them to work with the Mid Florida Homeless Coalition in assisting the unhoused population with assessments and housing placements through grants awarded to Lake County, such as the permanent supportive housing and emergency shelter vouchers. She stated that by collaborating with the Orlando Veteran’s Administration Healthcare System, the Lake County housing voucher program received veteran’s assistance housing vouchers to assist Lake County veterans. She expressed gratitude to all their partners for their support and participation, and noted that by partnering together, they gained a better understanding of the needs in the community and were able to facilitate a community-wide approach for assisting and addressing the needs of the citizens of Lake County.

The video mentioned that in 2023, the BCC introduced a new web series titled Board Shorts, where Commissioner Smith took viewers on a journey through the heart of Lake County, exploring the following: local businesses; various departments within the Lake County government; services provided; contributions to the community; the diversity of Lake County; and the valuable resources available to its residents. The video stated that in the current year the Office of Parks and Water Resources’ administration office moved to the Hickory Point Recreation facility inside the Lake County Water Authority (LCWA) building. The video related that the BCC initiated a program to protect and restore the county’s lakes and waterways by removing septic tanks that released chemicals into the soil, and that eligible homeowners could receive funding to connect to Lake County’s distributed wastewater treatment system., noting that the aim was to limit nitrates and chemicals affecting water quality and address the nutrient pollution identified by the Florida Department of Environmental Protection (FDEP); furthermore, the County covered the initial connection cost included in the home’s property tax assessment.

Ms. Barker relayed in the video that education and learning based collaborations were important to individual and regional success, and that these partnerships fostered a thriving community where knowledge and innovation flourished, helping residents to gain access to resources, learning opportunities, and a brighter future.

Mr. George Taylor, Director for the Office of Library Services, related in the video that the Lake County Library System had many partners, including the Lake County Animal Shelter, and that once a year they celebrated National Library Week when one could bring a Lake County library card to the Lake County Animal Shelter and receive a fee waived adoption. He remarked that Keep Lake Beautiful was another partner that they worked with that worked with many local gardening clubs and organizations who planted native gardens at many of their libraries, and noted that this beautified the libraries and offered an educational way for residents to learn about native gardens and how to take care of them at home. He relayed that Lake Tech had been a partner of theirs for years, and that they taught General Educational Development (GED) classes and English classes at many libraries; additionally, several years prior they had donated a used bookmobile to Lake Tech, which was outfitted as a mobile lab and testing center. He mentioned that a partnership at Cooper Memorial Library with the State Library of Florida was the annual Sunshine State Library Leadership Institute, which was a year-long program where participants, such as current library leaders and future library leaders, met once a month to discuss library services, leadership development, and networking.

The video stated that in 2023 Lake County worked with Lake Tech on the Pathway to Prosperity program for students interested in pursuing a career in the following areas: correctional officer; crossover from correctional officer to law enforcement officer; firefighter and emergency medical technician (EMT) combined; heating, ventilation, air conditioning (HVAC), and refrigeration; patient care technician; pharmacy technician; practical nursing; professional culinary arts and hospitality; and public safety telecommunications. The video explained that the Pathway to Prosperity Scholarship was open to Lake County residents who were not receiving financial sponsorship from any outside organization, and that it covered the cost of tuition, fees, books, and instructional resources in eligible programs. The video related that the City of Tavares, Lake County, and Lake Tech broke ground for the City’s new 44,000 square foot Public Works facility, and that Lake Tech would be moving their automotive and diesel program to the new facility allowing students to practice their skills while working on the City’s vehicle fleet, which included emergency vehicles and garbage trucks.

Ms. Barker stated in the video that preparation and collaboration were essential for effective public safety programs, such as responding to emergencies, saving lives, and ensuring the welfare of pets, and that these professionals played a vital role in making Lake County a safer and more compassionate place for all residents.

Chief David Kilbury, Public Safety Director, related in the video that in the prior year, they combined two separate departments into Fire Rescue, and that they ensured that the EMTs and paramedics continued to have a career path in Fire Rescue by giving them the opportunity to join and train to become a firefighter. He stated that they brought that force together in a partnership to assist residents and visitors in municipal areas and unincorporated Lake County, and that they were slowly phasing out the white ambulance and rebranding it with the firetruck red and gray, which would be on all new fire suppression apparatus and ambulances. He mentioned that with the tremendous growth, they were strategically planning both personnel and additional resources to meet the needs of public safety, and that the BCC had public safety as the number one critical priority throughout the county.

The video commented that the Office of Emergency Management hosted community emergency response team (CERT) training, which included team organization, disaster medical operations, and other important emergency skills. The video elaborated that residents interested in becoming involved with CERT had to be members of an established organization, such as a homeowners association or a faith based organization, and that during Hurricane Idalia, the Office of Emergency Management worked tirelessly to provide aid and information to residents by coordinating storm logistics and support, noting that Lake County issued a local state of emergency for safety preparations and recovery post-storm.

Ms. Barker relayed in the video that collaboration with partners was the cornerstone of economic success, and that the primary focus was on responsible sustainable growth, which included supporting new entrepreneurial ventures, attracting visitors to experience local businesses, and ensuring the prosperity of residents.

Mr. Ryan Ritchie, Director for the Office of Visit Lake, related in the video that the Hickory Point Beach Sand Volleyball Complex was a 21 court sand volleyball complex that was a $3 million investment by the BCC in July 2014, and that since then they had hosted more than 90 events with 40,000 visitors and about $12 million in economic impact to the area. He remarked that it was the USA Volleyball Paravolley national training site and the Lake Sumter State College (LSSC) beach volleyball team training facility; additionally, they hosted several marquee events there, such as the National Junior College Athletic Association (NJCAA) National Championships and the American Volleyball Coaches Association National Championships, which was the largest small college championship in the United States (U.S.). He relayed that in Fiscal Year (FY) 2023 they had hosted more than 126 sporting events, which brought in about 160,000 out of county visitors with $16 million of economic impact, and that their goal and vision was to partner with the Florida Sports Foundation, the Sunshine Sports Council, and Sports Events and Tourism Association (Sports ETA) where they had access to national governing bodies, event organizers, and rights holders from all over the world, bringing those events to Lake County.

The video commented that Lake County partnered with Lake Economic Area Development (LEAD) to expand, diversify, support, and unify the Lake County regional economy, and that LEAD, which was a public/private organization, focused on the following: retaining, expanding and recruiting quality jobs; creating higher paying jobs; fostering a diverse and competitive regional economy; developing a supportive community for entrepreneurs; and assisting existing businesses. The video relayed that Lake County hosted its 2023 Workforce Summit to bring together guests, business leaders, elected officials, and education partners for discussions on the future of the community, which concentrated on providing tools and strategies to assist businesses in hiring, training, motivating, and retaining workforce in order to promote economic development in Lake County. The video mentioned that a new business incubator opened in the City of Eustis, and noted that the University of Central Florida (UCF) Business Incubation Program offered businesses support in growth strategies, mentoring, education, leadership training, accounting, legal functions, marketing, and public relations.

Commr. Smith concluded the video by thanking everyone for a year filled with achievements and promises of new opportunities, and said that the County would continue working hand in hand to achieve success one breakthrough at a time.

Commr. Smith expressed appreciation for the partnerships the County had and for the County employees.

RECESS AND REASSEMBLY

The Chairman called a recess at 9:35 a.m. until 10:05 a.m.

virtual meeting instructions

Mr. Levar Cooper, Director for the Office of Communications, explained that the current meeting was being livestreamed on the County website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period later in the agenda. He elaborated that anyone watching through the livestream who wished to participate could follow the directions currently being broadcast through the stream; furthermore, he relayed that during the Citizen Question and Comment Period, anyone who had joined the webinar via their phone could press *9 to virtually raise their hand, and anyone participating online could click the raise hand button to identify that they wished to speak. He said that when it was time for public comment, he would read the person’s name or phone number, unmute the appropriate line, and the speaker would be asked to provide comments. He added that everyone would have three minutes to speak, and after three minutes an alarm would sound to let them know that their time was up. He added that they previously notified the public that comments could be emailed through 5:00 p.m. on the previous day, and those comments were shared with the Board prior to the meeting. He stated that anyone wishing to provide written comments during the meeting could visit www.lakecountyfl.gov/commissionmeeting, noting that comments sent during this meeting would be shared with the Commission after the meeting was concluded.

Agenda update

Ms. Barker remarked that she did not have any updates to the agenda.

election of chairman and vice chairman

Commr. Parks opined that Commissioner Smith had a successful first year as the Chairman, and that Commissioner Shields, the Vice Chairman, had filled-in nicely a couple of times; therefore, he wished to continue with the current positions for another year.

Commr. Campione opined that Commissioner Smith and Commissioner Shields had done an excellent job and provided great leadership, and that it was extra work and took more time to serve as the Chairman. She expressed appreciation for their representation and for the extra effort they had put into their positions.

On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved for Commissioner Smith to serve as Chairman and for Commissioner Shields to serve as Vice Chairman.

presentation by david jordan, lake county tax collector

Ms. Mary Scott, Chief Financial Officer for the Lake County Tax Collector, pointed out that as a Constitutional Officer, her office was required by Florida Statute 218.36 to submit a detailed annual report to the BCC after the close of the FY 2023 with an accounting of all income and expenses, which had been provided to the Lake County Clerk of the Circuit Court and Comptroller. She mentioned that they were also required to distribute any excess revenues to each governmental unit in proportion to the fees collected, which zeroed out their budget, and that even though they were not required to present it before the Board, they felt it was important to present the larger picture in a public forum that they did not traditionally have available to them. She explained that over $600 million was distributed to the taxing authorities and other agencies they collected for, such as the Florida Department of Agriculture and Consumer Services (FDACS) and the Florida Highway Safety and Motor Vehicles (FLHSMV), and that the remaining $14 million was their revenue, noting that this was about 14 percent more than the previous year. She displayed the income report that showed the following collections: the BCC received over $214 million; the other taxing authorities, such as the Lake County School Board, the LCWA, and the municipalities and districts they collected for, received over $338 million; and other entities received the rest, with the majority going to the FLHSMV. She related that they collected funds through customer service processing over 800,000 transactions, which included tax collection and motor vehicle services, and that they had seen about a 15 percent increase in online activity, such as online registration renewals; additionally, they had served over 200,000 customers by phone and email. She stated that they had $11 million in expenditures out of the $14 million they operated on, which was about 85 percent or their revenue, and that this was predominantly for personnel expenses, noting that this was about 10 percent less than corresponding Counties with similar populations. She relayed that the unexpended revenue or excess fees of about $2.1 million was returned to the BCC and other taxing authorities proportionately, which was less than what they had projected, noting that they had some infrastructure costs in the transfer of office space to the Office of Building Services. She showed that the excess fee share delivered to the BCC was $1.9 million, and that the remaining $200,000 was distributed to the other taxing authorities. She commented that in the current FY the ad valorem tax roll, which included the real estate and the tangible and central assessment, was about $576 million, and that the non-ad valorem tax roll was about $95 million, noting that over the last two tax roll years they had added over 12 new taxing authorities. She pointed out that under their current budget, they reduced their full-time equivalents (FTEs) by four positions by streamlining their operations, and that they were considering Starlink, which was a satellite based internet service, as an alternative to Comcast by working with Mr. Erik Hernandez, Minneola City Councilman, opining that it was reliable and cost effective. She stated that she was proud to be part of the Lake County Tax Collector’s Office, and expressed appreciation for their staff, noting that even though they were responsible for collecting over a half million dollars, they balanced to the penny.

Commr. Parks indicated appreciation for Mr. Jordan and for his efforts towards good governance, and opined that in many counties the constitutional officers did not have the type of relationships Lake County had.

Commr. Smith commented that even though it was statutorily required for this information to be published, it was not required to have it presented at a BCC meeting, and that Mr. Jordan had asked if they could do this in order to be as transparent as possible, opining that this was a great step in the right direction.

Minutes approval

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meeting of October 16, 2023 (Special Meeting), as presented.

citizen question and comment period

Mr. Vance Jochim, a concerned citizen, expressed appreciation for the staff that prepared the State of the County, such as the Office of Communications, opining that it was a great presentation. He mentioned that he looked forward to hearing the discussions regarding airsoft guns and motocross during the rezoning public hearings.

Mr. Mike Trainor, a resident of the City of Tavares, expressed concerns about the Lake County Republican Party platform, and opined that it did not reflect current accepted Republican thought. He explained that included in its 44 pages and 272 individual points, it called for the following: the legalization of machine guns coupled with the ability of anyone regardless of mental or criminal history to purchase such weapons without any background checks or human contact in point 32A; the proposition that young people be granted the ability to obtain a driver’s license and the right to purchase alcoholic beverages at the same age in point 24; two affirmations of individual sovereignty, which he opined was a euphemism for anarchy; multiple demands for nullification of the idea that any single state may decide which federal laws applied to their state and which did not, which was a notion that he opined was dispelled at the turn of the 19th Century; and other points in this platform that could possibly result in devastating results for this county. He commented that the authoring subcommittee of this platform included three 2024 candidates of significant public positions in this county, and opined that this was an indication of the inroads that extremist thought had made in Lake County, which the Board should be aware of; furthermore, if there came a time that this platform was used to influence the governance of this county, he requested that the Board resist that coercion.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Item 1, as follows:

List of Warrants

Notice is hereby provided 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.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 10, as follows:

COUNTY ATTORNEY

Request for a Closed Session to be held on December 19, 2023, regarding Collective Bargaining Negotiations pursuant to Section 447.605, Florida Statutes.

ADMINISTRATIVE SERVICES

Extension Services

Recommend approval of the employment of Matthew Smith Extension Agent I.

ECONOMIC GROWTH

Elevate Lake

Recommend approval of the Second Amendment to the Interlocal Agreement between the City of Clermont and Lake County for consulting services for the Wellness Way Urban Services Area.

The total fiscal impact will not exceed $70,000 (expenditure) over three fiscal years and will not exceed the annual budgets as follows: Fiscal Year 2024 will be $29,166.67 (expenditure), Fiscal Year 2025 will be $35,000.00 (expenditure), and Fiscal Year 2026 will be $5,833.33 (expenditure).

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Building Services

Recommend approval to advertise an Ordinance amending Lake County Code, Chapter 6, Article III, Section 6-22, entitled Adoption and Enforcement. These changes are required to comply with the Eighth Edition of the Florida Building Code. There is no fiscal impact.

Public Safety Support

Recommend approval:

1. Of Amendment to Adoption of Sourcewell Contract Solicitation Number: RFP #042021 for site preparation, construction, and installation of infrastructure and equipment at Fire Station 110 in Clermont to Motorola Solutions; and

2. To authorize the Office of Procurement Services to execute all supporting documentation; and

3. Use of the American Rescue Plan Act (ARPA) approved funding in the amount of $2,499,843 allocated for this project.

The fiscal impact is $2,499,843 (expenditure - 100 percent ARPA funded). Commission District 1.

Recommend approval:

1. Of the Right of Entry Agreement with CELLCO PARTNERSHIP d/b/a Verizon Wireless; and

2. To authorize the Office of Public Safety Support to execute all future requests for Right of Entry on County managed sites.

There is no fiscal impact.

PUBLIC SERVICES AND INFRASTRUCTURE

Public Works

Recommend approval:

1. Of Contracts 23-548A thru 23-548J for appraisal services to American Acquisition Group, LLC (Tampa, FL); BBG Valuation, Inc. (Dallas, TX); CBRE, Inc. (Dallax, TX); Clayton, Roper & Marshall, Inc. (Altamonte Springs, FL); Colliers International Valuation & Advisory Services, LLC (Centennial, CO); Cushman & Wakefield Reginal, Inc. (Fort Lauderdale, FL); Eminent Valuations, PLLC (Orlando, FL); Pinel & Carpenter, Inc. (Maitland, FL); Property Valuation & Consulting, Inc. (Winter Garden, FL); and The Spivey Group, Inc. (Orlando, FL); and

2. For the Office of Procurement Services to execute all supporting documentation.

The estimated annual fiscal impact is $500,000 (expenditure). Annual expenditures will not exceed available funding in the fiscal year budget.

Recommend approval to accept the final plat for Sorrento Pines Phase 1B and all areas dedicated to the public as shown on the Sorrento Pines Phase 1B final plat.

The estimated fiscal impact is $1,551 (revenue - final plat application fee) and there is no annual maintenance cost as the roads within the subdivision are private. Commission District 4.

public hearings: REZONING

rezoning consent agenda

Commr. Smith recalled that the Board was required to disclose any communication with the applicant or members of the public about any rezoning cases on the agenda.

Commr. Shields related that he had spoken to the applicants for Tabs 2, 3, and 6.

Commr. Parks stated that he had discussions with opposing residents on Tab 4 via Zoom, and that he had separate discussions with opposing residents and the applicant on Tab 5; additionally, he had discussions with the attorney and applicant representing Tab 6.

Commr. Campione relayed that she only had discussions with nearby residents who had requested a meeting for Tab 5.

Commr. Blake remarked that he had discussions with the neighbors for Tab 4, and that he had discussions with the applicant and a meeting with the neighbors for Tab 5; furthermore, he had an online meeting with the applicant for Tab 6.

Commr. Smith related that he had visited the facility for Tab 4 and had discussions with the applicant as well as some of the neighbors that were in favor of and against the application. He commented that he had discussions with the applicant for Tab 5, noting that he visited the site and had discussions with neighbors who were in favor of and against the application; additionally, he had met with the attorney, applicant, and others for Tab 6.

Commr. Campione mentioned that she had visited the areas of Tabs 4 and 5.

Commr. Parks indicated that he had done the same.

Mr. Mike Fitzgerald, Director for the Office of Planning and Zoning, displayed the advertisements for that day’s rezoning cases on the overhead monitor in accordance with the Florida Statutes. He commented that there had been a request to move Tab 5 to the first item on the regular agenda.

Commr. Smith asked for the consent of the Board to move Tab 5 before Tab 2. He indicated that there was consensus, and said that Tab 5 would be presented after the consent agenda.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding the case on the Rezoning Consent Agenda, the Chairman closed the public hearing.

On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, Tab 1, as follows:

Tab 1. Ordinance No. 2023-71

Rezoning Case # RZ-23-19-4

Willow Estates

Rezone approximately 1.16 +/- acres from Community Commercial (C-2) District to Community Facility (CFD) District to allow for an 11-bed Assisted Living Facility for the elderly.

rezoning regular agenda

Tab 5.

Rezoning Case # CUP-23-09-5

Treasure Island Motocross Training Facility

Conditional use permit (CUP) to allow for a Motocross training and practice facility to be used by professional and amateur athletes.

Tab 2. Ordinance No. 2023-72

Rezoning Case # FLU-23-29-1

Golden Eagle Mixed-Use Comprehensive Plan Map Amendment

Amend the Future Land Use Map (FLUM) to change the Future Land Use Category (FLUC) on approximately 3.19 +/- acres from Urban Low Density FLUC to Planned Unit Development FLUC to support the development program for a multi-level self-storage facility, as part of a mixed commercial hub.

Tab 3. Ordinance No. 2023-73

Rezoning Case # RZ-23-30-1

Golden Eagle Mixed-Use Rezoning

Rezone approximately 3.19 +/- acres from Community Commercial (C-2) District to Planned Unit Development (PUD) District to support the development program for a multi-level self-storage facility, as part of a mixed commercial hub.

Tab 4.

Raptor Airsoft Gun Facility

Conditional Use Permit (CUP) amendment to modify the conditions in Ordinance #2020-43.

Tab 6. Ordinance No. 2023-74

Rezoning Case # PZ2023-37

Schofield Master Planned Unit Development (MPUD)

Rezone 839.78 +/- acres from Agriculture (A) to Master Planned Unit Development (MPUD) for a mixed-use development within the Wellness Way Area Plan.

treasure island motocross training facility

Mr. Fitzgerald presented Rezoning Case #CUP-23-09-5, Treasure Island Motocross Training Facility, explaining that it was for a conditional use permit (CUP) to allow for a motocross training and practice facility to be used by professional and amateur athletes, and that the property was located at 35540 North Treasure Island Avenue, in the City of Leesburg area of unincorporated Lake County. He relayed that the future land use (FLU) was Rural and the zoning was Agriculture. He mentioned that the proposed facility was for private members only, and that there would be no race events held. He remarked that the intention was for 30 private member athletes to use the facility per day, and that there would be a maximum of 100 trips per day in and out of the facility. He related that there would be no track lighting, and that there was currently a well and septic system installed; additionally, as part of the proposal, there would eventually be a bathroom facility constructed.

Mr. Justin Boyd, the applicant, stated that he had been coaching motocross riders for five years, including national level amateurs and professionals, and opined that because of all the development in the Central Florida area, it had been difficult to find places to ride. He mentioned that Lake County was home to several of the world’s top motocross athletes, such as the 2022 World Supercross Champion and 2023 American Motorcyclist Association (AMA) Supercross Champion, and that it had a good climate year round for motocross. He related some of the key points on this project included the following: it was a private, members only facility; the hours of 9:00 a.m. to 5:00 p.m. did not the indicate the hours they would be riding, noting that the actual amount of noise production would be one to three hours per day; there would be less than 100 trips per day; a maximum amount of members riding in one day would be limited to 30; the riding hours had been reduced to not include two Sundays per month; and the buffer would be increased from 15 to 40 feet of natural vegetation which was a recommendation of the Planning and Zoning Board. He displayed a concept plan and explained that he would create two ponds which would provide the dirt to make the jumps, and that there would be a two way driveway with a cul-de-sac at the end for EMS or other service vehicles. He stated that there would be a grass parking area, and that they would have portable toilets until a bathroom was constructed. He commented that there would be three riding areas, including two supercross tracks, which was a small compact track for the style of racing done inside a stadium, and a full motocross track. He mentioned that he would like to install power hookups for those who wished to leave trailers on the property, and that he would have 40 foot vegetation buffers on the sides bordering residents and 15 foot vegetation buffers on the other sides. He relayed that there was a similar facility in the State of California which had an expert noise study done with 22 riders and samples between and 10 and 15 minutes long, and he showed a chart of the resulting average decibel levels of the five sound recordings at different locations, which included the following: 66 decibels from 174 feet away; 74 decibels from 96.5 feet away; 69 decibels from 118 feet away; 78 decibels from 187 feet away; and 65 decibels from 814 feet away. He noted that distances from the track location to the nearest residences ranged from about 500 feet to almost one mile, and that the existing neighboring business, which was in line with the motocross theme of outdoor activity, included decibel levels of gunshots between about 145 and 160 decibels. He displayed a chart of sound data from two leaf blowers and a hose vacuum from 150 feet away, which was about 72 to 87 decibels, and from 400 feet away, which was about 74 to 76 decibels, opining that many people used leaf blowers and hose vacuums. He commented that he had presented real data to refute the speculation around this project, and opined that not many people had lived next to a motocross track. He relayed that he had contacted residents who lived 686 feet away from a private motocross facility in the City of Center Hill who had sent him sound recordings, and that there was an average of 59 decibels from the middle of the yard with cars going by and no dirt bikes operating; and an average of 51 decibels from just dirt bikes and no cars going by, noting that the maximum level was 83 decibels. He mentioned that he had two videos from these residents, including one from inside their house when the bikes were on the track and one from outside their house when the bikes when were on the track, and he noted that at first the bikes could not be heard until the talking stopped, which allowed the bikes to be heard faintly, proving that there were bikes on the track that day.

The video started with Ms. Sarah Ames, a resident of Sumter County, stating that they lived across the street from one of the premier motorcycle training facilities in the U.S., and that she was taking this video from inside her house, which faced the street. She said in the video that she could only hear the smallest amount of noise from the motorcycles, and that if the television was on, she would not be able hear them at all. She commented that when standing outside of her home she could faintly hear the motorcycles going around the track, and that a car passing in front of the home was much louder than the motorcycles, opining that they were not disruptive.

Commr. Smith inquired if there would be 30 members per day, and if they would ride one to three hours.

Mr. Boyd indicated that this was correct, and that there would be a maximum of 30 members per day.

Commr. Smith questioned how many members would be on the track at the same time.

Mr. Boyd answered that there would be a maximum of 30 members riding at the same time, noting that they would not be riding at different times throughout the entire day. He explained that they rode together and challenged each other, and that he had to be there with them during those times, opining that the riders learned better when they were competing with each other.

Ms. Marsh relayed that Ms. Mary Solik had a notice to apprear.

Ms. Mary Solik, an attorney representing Mr. Alan Chen and Ms. Louise Chen, stated that she would speak on legal and Comprehensive Plan (Comp Plan) consistency issues, and that Mr. Chen would use the remainder of the presentation time as a party. She opined that the proposed use was not allowed under the Lake County Land Development Regulations (LDR) or the Comp Plan, and that the staff report cited policy 1-1.4.4 of the Rural FLU category, which listed active parks and recreation facilities as an allowable conditional use in this category. She pointed out that the proposed use was not an active park or recreation facility, noting that it was a private, members-only, professional sports training club which was not open to the public and provided no recreation to the community. She commented that under the LDR, private recreation clubs were not allowed either as a permitted or conditional use in Agriculture zoning, and that the proposed use was inconsistent with the Comp Plan, noting that even though the property had a Rural FLU designation, it was within the Emeralda Marsh Rural Protection Area (RPA), which was an overlay designation on the Comp Plan. She mentioned that the applicant said that its use was compatible with the neighborhood because it was adjacent to the Ares Gun Range, opining that even though the Ares Gun Range had a valid CUP, it was very controversial; additionally, as a result of those activities at the gun range, the St. Johns River Water Management District (SJRWMD) had closed the passive recreational facilities in that area, prohibiting the community from enjoying them. She opined that the Board should not allow the applicant to tie its use to the Ares Gun Range to establish compatibility, and that it should be evaluated on its own consistency with the Comp Plan. She explained that according to the Lake County Comp Plan Objective 1.5.1, “Lake County shall exercise extraordinary care to uphold the long term integrity of the RPAs and shall recognize their primacy in FLU decisions.” She said that she had highlighted some of the development standards for RPAs, which included the following: minimizing site disturbance and alteration of the terrain; minimizing earth movement; protecting natural amenity areas for passive recreation; ensuring that development was along roadway corridors; improving or protecting the rural character; and enhancing the rural character of the project and the surrounding area. She remarked that the Comp Plan Policy 1-5.3.1 stated the following, “The centerpiece of the RPA is the Emeralda Marsh, which has been a focus of hydrologic and ecologic restoration. The marsh is a natural resource of unique value to Lake County and has been federally designated as a national landmark.” She opined that the Comp Plan said that the FLU designation should control activities within the Emeralda Marsh, and that in the FLU series, policy 1-1.4.3, the following things were accomplished: maintaining the rural character by encouraging large areas to remain in a natural state; minimizing planned and programmed expenditures for public facilities, such as roadway improvements; controlling the scale and appearance; addressing public and private uses that would draw people from outside of rural areas; and ensuring that uses minimized conflict with rural character and the perpetuation of rural functions. She opined that this project would bring commercial development because it involved substantial terrain alteration, required roadway improvements, and brought noise, traffic and dust, which was the antithesis of the goals and policies of the Rural FLU designation and the Emeralda Marsh RPA.

Mr. Chen mentioned that he had engineering degrees in chemical, electrical, and material science, and that for the previous 15 years he had worked on high frequency sound filtering for cell phones, opining that he should be considered an expert on sound. He relayed that cell phones were not calibrated devices and had noise cancelling features so that one could focus on voices as opposed to background sounds, opining that the videos and audios from them were not a viable source. He stated that according to zoning district use regulations, it listed race tracks under commercial areas, opining that North Treasure Island Avenue was the wrong location for the proposed race track. He related that sound was measured on a log scale and was additive, and that the sound would be doubled for each bike, noting that different sources of sound, including the Ares Gun Range, were also additive. He opined that while the sound from the gun range was sporadic, the sound from the motocross facility would be a constant droning, and that even though the applicant said he would be riding only three of the requested hours, he could expand his business to all the hours and hire additional trainers to assist with the non-riding portions of training. He opined that one motorbike at 112 decibels was roughly equivalent to a rock concert, and that four bikes at 118 decibels was close to an airplane taking off, which was a dangerously high level of noise. He said that the nearest neighbors to the proposed facility were about 400 feet, and that his property was about 4000 feet away. He opined that with the way sound dissipated over distance, the noise for the nearest neighbor would be equivalent to a vacuum cleaner, alarm clock, or busy traffic the entire time the bikes were being ridden, and that from his property, it would be as loud as normal conversation causing him to have to talk louder than normal to be heard. He also opined that sound studies were flawed because the sound study for the Ares Gun Range measured 54 decibels from their southern border, which meant it should be below threshold of hearing at his property; however, he could hear the gunshots well. He opined that this was possibly a time period average in this case and also in the motocross study from the California track, and that in the motocross study, the maximum and minimum values were missing, which could vary by 10 decibels or more because the noise was louder and softer by 10 times the difference as it was coming or going. He also opined that environmental conditions, which were missing from the studies, could have a large impact, such as wind directions, humidity, temperature, and elevation, and that higher humidity, higher temperature, and lower elevation increased sound. He opined that based on environmental conditions, the maximum value could be 15 decibels or higher, which could be 32 times what was actually reported in the sound study. He opined that the California study was meaningless for Florida, and that a sound study would not be performed at the proposed site until after the CUP was approved, which would be too late. He relayed that according to studies on the internet, 100 feet of buffer with dense conifers would only reduce the sound by five decibels, and that 50 feet of buffer, which was more than the applicant was proposing, would only reduce the sound by one bike’s worth of sound, opining that one should not put too much stock in vegetative buffers. He displayed a map showing the area of the proposed site and the surrounding area, and noted there were existing planned unit developments (PUDs) in the area, being 720 feet and 1,400 feet from the proposed site, including Hickory Hollow Estates with 122 homes. He remarked that they had been actively working to reopen Emeralda Marsh during the current year, and opined that motocross was not consistent or compatible with this growing area. He related that the road varied from 14 to 16 feet wide, opining that cars were not able to pass each other without going off the side of the road. He opined that even though the applicant said that the members would be bringing in small rigs, there could be special events with larger rigs; furthermore, he opined that since the planner indicated that additional right of way would be required with the development of the property, the applicant would not be able to purchase additional right of way from the residents without a legal conflict. He mentioned that CSX property cut through the upper portion of the proposed motocross property, which could not be cleared or used, and that since the property was within the Emeralda Marsh RPA, permitting would be required from SJRWMD to dig the proposed ponds; additionally, he opined that this area was full of muck, which would be more difficult to use than sand for the track. He opined that the neighborhood was not looking for a compromise, and that a motocross facility did not match existing uses for this rural area, as it was listed under Commercial and not Agriculture. He opined that since the physics of sound was mathematically based, it could not be refuted, and noted that the Planning and Zoning Board voted to deny the application.

The Chairman opened the public hearing.

Mr. Michael Chen, a resident of Treasure Island Road, commented that all of Treasure Island and Hickory Hollow Estates were within 1.5 miles of the proposed motocross facility and were neighbors, and that in order to reach the proposed facility, motocross racers, mechanics, trainers, and others would have to drive by many of the neighbors who lived there on very narrow substandard roads. He opined that this would impact neighbors and emergency service vehicles coming and going, and that drivers who did not live on Treasure Island Road may not have the same care for their speed limits and could endanger the neighbors. He relayed that North Treasure Island Avenue was originally made to service the local residents and the Emeralda Marsh area, and opined that it was not made to serve commercial traffic, which had already blocked off neighbors from trying to leave and return home. He remarked that the applicant only posted signs to inform the neighbors about the meeting right outside the proposed site, which was only visible to those attending the Ares Gun Range on the dead end road accessible via North Treasure Island Avenue. He mentioned that others in the neighborhood, including his own family, made their own signs, and that some of these signs were vandalized on private property. He opined that the potential added threats were too much, and asked the Board to protect their way of life.

Mr. Cecil Gray, a resident of Lake County, remarked that he had friends in the area of the proposed site, and that he was opposed to the CUP request because of the noise and disruptive activity of the motocross course, opining that it would negatively affect property rights, property values, and the quality of life residents deserved.

Mr. Larry Mott, a resident of East Treasure Island Avenue, opined that this facility would be devastating to their community, and that the roads could not handle it. He opined that Lake County’s rural development plan did not include having commercial entities in that area, and that if this application was allowed, there would be another commercial entity there.

Mr. Gary Custer, a resident of East Treasure Island Avenue, related that he lived about 0.5 miles from the proposed training facility and 0.5 miles from County Road (CR) 44, and that he could hear the gunshots from the Ares Gun Range and the motorcycles going down CR 44. He opined that foliage buffers did not work to suppress the noise, and asked if the Board would want this built in their neighborhood. He commented that he and his wife had built their house in a quiet place in the county, opining that this facility would destroy that.

Mr. Gary Paumen, a resident of Treasure Island Road, expressed concerns about the narrow roads, and said he had moved there for the peace and quiet, opining that it would not be that way with this facility.

Ms. Lorine Davey, a resident of East Treasure Island Avenue, expressed concerns about quality of life, and played a recording of gunfire in the distance. She said that they had moved there for peace and quiet, and asked the Board not to take away what little they had left, opining that they had been through enough.

Mr. Trevor MacGow, a resident of North Treasure Island Road, expressed concerns about the traffic because he had a seven year old great grandson who rode his bicycle on this road, and he asked the Board to deny the application.

Ms. Sarah Ames, a resident of Sumter County, commented that she lived within 600 feet of a motocross track, and opined that her quality of life had not changed because of it. She related that elite athletes trained there, that there were no semi-trucks going down her street with motorcycles in them, that there were no dirt bikes driving on her street, and that the riders did not drink beer and play loud music at the training facility. She relayed that she worked from home, and that even when the doors and windows were open, she had never had a client comment on any noise. She stated that the riding started around 9:00 a.m. and was very sporadic while they were practicing certain things, and that they were usually done riding after lunchtime while doing other training activities. She related that the track across from them had a natural vegetation border, and that there was no visible indication of a motocross track when driving by, opining that it could not be seen or heard. She opined that cars and delivery trucks were much louder than any noise coming from the track, and that her property value had not been affected by it. She opined that it would not negatively affect the peace and quiet, the quality of life, or the small child, and that it was just some background noise that was present during a small portion of the day for a few days a week. She mentioned that the riders would go race on the weekend and would usually be done at the track by Thursday, and that they might not hear them again until the following Monday or Tuesday. She opined that the track did not affect her, and that it would be a shame to not allow athletes to train at a facility such as this.

Ms. Laura Castleman, a resident of the Treasure Island area, expressed concern about the motocross facility, and said that they had recently purchased one acre in this area and had submitted the permit to build their house. She expressed concern about the hours of operation, and stated that she was against this proposal and hoped that it would be denied.

Mr. Phillip Castleman, a resident of the Treasure Island area, commented that they were moving there to retire, and opined that the shooting from the gun range would not bother them. He expressed concern about the noise from the dirt bikes, and opined that they had become louder over the years.

Mr. Lowrie Brown, a resident of the City of Groveland, stated that he owned property near the subject property, and that it had been annexed into the City of Leesburg and was subject to an approved PUD for a potential 995 units, opining that they would be affected by this facility. He expressed concern about the location of the facility, and opined that the applicant liked this location because it was convenient and it was cheap because it was within the RPA and adjacent to a gun range. He opined that the residents of this area had already been harmed by the decision to allow the Ares Gun Range and because they no longer had access to public property.

Mr. Ray Hayden, a resident of Dennis Road, remarked that he lived close to the proposed facility, and expressed concerns about their signs being removed or knocked down. He asked the Board to deny the CUP, opining that it would interrupt the peaceful enjoyment of their property. He mentioned that there were telephone poles being replaced on Treasure Island Avenue, and he expressed concerns about the narrow roads.

Mr. John Bridenstine, a resident of the City of Leesburg, expressed concerns about the noise from the proposed facility and about not being able to use the Emeralda Marsh. He opined that the marsh was a good spot for birding and displayed pictures of the many different birds there.

recess and reassembly

The Chairman called a recess at 11:54 a.m. for seven minutes.

treasure island motocross training facility continued

Ms. Kiera Taylor, a resident of Dennis Road, express concerns about the noise, and said that they had prior issues with dirt bikes going down their dirt road, which they had to maintain themselves. She commented that she liked the idea of having a track but not in the area where they lived.

Ms. Becky Murphy, a resident of Lake County, hoped that the Board would consider the resident’s rights as property owners, and indicated concern about the noise.

Ms. Lisa Hayden, a resident of Dennis Road, expressed concerns about the noise, and noted that they had tried to help the applicant find a more suitable location; furthermore, she had a petition with 185 names on it of residents who did not want this motocross facility and did not want to compromise. She indicated concerns about the narrow road, and opined that the hours of operation would negatively affect shift workers. She also opined that this application went against House Bill (HB) 1171.

Ms. Chrissy Clark, a resident of Dennis Road, remarked that they had 10 acres with horses, and that this area was suitable for riding horses, opining that the noise from this facility would affect being able to do that. She expressed concerns about the condition of the roads and about trucks and trailers coming in and out, opining that the roads would need to be redone and widened to accommodate this kind of traffic.

Mr. Richard Crews, a resident of North Treasure Island Avenue, read Article 2, Section 7 of the Florida Constitution, noting that Tab A said the following: “It shall be the policy of the State to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources.”

Ms. Patricia Haberle, a resident of Treasure Island Road, expressed concerns about the noise, and opined that the area with the Emeralda Marsh was supposed to be conservation land. She then asked the Board to deny the application.

Mr. Jochim expressed concerns about annexation battles, developers, and urban sprawl, opining that a solution should be found to prevent incursions into the rural lifestyle.

There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.

Mr. Boyd relayed that the residents had tried to help him find a different location, and that he had met with some of the Commissioners as well as Mr. Ryan Ritchie, Director for the Office of Visit Lake; however, he was not planning to hold races with hundreds of people to help fund tourism in Lake County, and the help offered by the neighbors turned out to be a dead end. He mentioned that some neighbors had recently purchased land in this area despite the gun range, and that they would still be building new houses, opining that it was good news for property values; furthermore, one speaker had annexed land near the marsh into the City of Leesburg to build over 100 homes. He related that he had placed signs in the locations mapped out by the Office of Planning and Zoning, and that the only other time he went out there was to update the signs for the new hearing, stating that he would not vandalize the signs of neighbors he was trying to build relationships with. He commented that the neighbors did not want to compromise; however, he said that he could compromise by helping residents maintain Dennis Road, which bordered his property, with the equipment he would have to maintain his track, and noted that they would not be using Dennis Road for access to the track. He stated that the property would have grass, that it would not have 100 homes, and that he planned to leave as many trees on the property as possible. He opined that Agriculture zoning did not ensure peace and quiet, which was the purpose of a Homeowner’s Association (HOA), and that he could run tractors out there all day. He relayed that the noise study example, which was emailed to the Board, included 15 pages of information about how the noise was measured with a calibrated device.

Commr. Blake expressed appreciation for Mr. Boyd’s attitude, opining that it would be good for Lake County to have this type of project; however, he noted that the neighborhood had already made compromises for the gun range, and that he had voted against the gun range’s request for additional concessions. He opined that the history of the neighborhood was an important consideration, and said that he wanted to respect everyone’s property rights.

Commr. Parks opined that Mr. Boyd made a good application, and that he did it very professionally. He said that he did not find it consistent with the Comp Plan, and that he agreed with the opposition’s attorney, Ms. Solik, that it was a reason to deny the zoning request. He expressed concerns about the right of way on the roads there, and opined that it would not be right to require the applicant to fix the road to handle the additional traffic.

Commr. Smith commented that he had spent much time with the applicant and with the neighbors, and he expressed appreciation for all who had come to have their voices heard.

Commr. Campione opined that the presentation was professionally done, and that the way Mr. Boyd handled the opposition was very professional. She also opined that it was difficult when what somebody else wanted could possibly negatively affect one’s lifestyle, noting that the gun range property had historically had much shooting there. She opined that this would be a good project to have in Lake County; however, there was much misunderstanding and fear about the noise from a motocross track. She related that according to the staff report, there would have to be road right of way acquired, and opined that this would be a burden to the applicant. She opined that a different location would be best, and said that she would like to work with the applicant to try to find that location.

Commr. Parks remarked that these types of events were welcome in Lake County; however, he opined that they would be more appropriate in the Commercial and Industrial land uses.

Commr. Campione opined that it used to be that rural lands would be where one would have a motocross track; however, the residents were all impacted by whatever the neighbors were doing, and there was no HOA to cite somebody for making too much noise. She also opined that rural lands could be loud places, and that it did not violate the Comp Plan.

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board denied Tab 5, Rezoning Case # CUP-23-09-5, Treasure Island Motocross Training Facility.

RECESS AND REASSEMBLY

The Chairman called a recess at 12:34 p.m. until 1:05 p.m.

golden eagle land use change and rezoning

Commr. Smith questioned if Tabs 2 and 3 could be done together with one motion and vote.

Ms. Marsh replied that because it was a FLU and a rezoning, it could all be heard at one time.

Commr. Smith relayed that there was consensus from the Board.

Mr. Fitzgerald stated that Tab 2, Rezoning Case #FLU-23-29-1, Golden Eagle Mixed-Use Comprehensive Plan Map Amendment, was to amend the FLU map to change the FLU category on approximately 3.19 acres from Urban Low Density to PUD to support the development program for a multi-level self-storage facility, as part of a mixed use commercial hub. He explained that the building would be three stories and approximately 138,000 square feet of storage, and that this item was approved unanimously by the Planning and Zoning Board. He relayed that it was located at the southeast corner of Golden Eagle Boulevard and U.S. Highway 27, in the City of Clermont area of unincorporated Lake County, and that it was intended to serve the demand in the area for growing businesses and residential areas, noting that Sunshine Water Services would provide water and wastewater services to the development. He then related that Tab 3, Rezoning Case #RZ-23-30-1, Golden Eagle Mixed Use Rezoning, was a rezoning of approximately 3.19 acres from Community Commercial (C-2) to PUD to support the development program for a multi-level self-storage facility, as part of a mixed commercial hub, and that the transportation impact on this development was estimated at approximately 200 trips per day, which was a minimum impact; additionally, it was approved unanimously by the Planning and Zoning Board.

Mr. Jeffrey Rivera, with Kimley-Horn and Associates, Inc. representing the applicant, commented that he agreed with the Office of Planning and Zoning’s recommendation, and that he could answer any questions.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.

On a motion by Commr. Shields, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Tab 2, Rezoning Case #FLU-23-29-1, Golden Eagle Mixed-Use Comprehensive Plan Map Amendment, and Tab 3, Rezoning Case #RZ-23-30-1, Golden Eagle Mixed Use Rezoning.

Raptor AirSoft Gun Facility

Mr. Fitzgerald explained that Tab 4, Raptor Airsoft Gun Facility CUP, was for an amendment to modify the conditions of their existing Ordinance 2020-43, and that this was denied by the Planning and Zoning Board. He relayed that the property was 58 acres of a 162 acre parcel located at 29540 Fullerville Road in the City of Deland area of unincorporated Lake County, and that the FLU was Rural and the zoning was Agriculture. He related the following background information: on August 11, 2020, the BCC approved the CUP Ordinance 2020-43; on December 2, 2020 the development application was approved; on January 20, 2021 the plans were accepted and approved; and on March 20, 2023 a CUP to amend their conditions was submitted. He pointed out that a memorandum was given to the Board for some changes from the time that the agenda was published, including the following: the hours of operation were amended to Wednesday through Sunday; the Saturday night games were eliminated; the special event hours were amended to 9:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 11:00 p.m. on Saturday; 12 total events were allowed per year requiring a special event permit; no noise amplification was permitted except for special events during daylight hours; and access to the facility would be limited to two gate entrances rather than three.

Mr. Zachary T. Broome, an attorney representing the applicant, pointed out that this item was not a new CUP, and that it was a CUP amendment, noting that in 2020, the Board approved a CUP for the current use of the facility as an airsoft facility. He relayed that when the current CUP was approved, there were many concerns from the neighbors and members of the public about how it would be used and the impact on the surrounding neighborhood, and that the Board had imposed strict requirements. He mentioned that this CUP could be brought by staff before the Board if there was a history of violations for further restrictions or revocation; however, if there was no history of violations, the applicant could come back and ask the Board to remove some of the restrictions. He related that this property had been subject to the CUP for three years, and opined that there had not been a single code violation or any proceedings before the special master because the applicant had been in compliance. He opined that these restrictions hampered the owners’ ability to operate the business successfully, and that throughout this period, there had been much cooperation between the applicant and staff regarding the conditions being requested. He opined that they had met the criteria under the LDR and the Comp Plan, and that anyone opposing these modifications would have to prove substantial evidence that they had not met this criteria.

Mr. Juan Adriatico, co-owner of Raptor Airsoft, commented that he lived on the property, which was 168 acres, and opined that his neighbors were planning to put Raptor Airsoft out of business and deprive them of their livelihood. He remarked that they were limited to operating seven days a month or less and were limited to 50 patrons per day, noting that they educated everyone about gun safety, particularly youth.

Ms. Alcira Samson, co-owner of Raptor Airsoft, remarked that she was the daughter of Mr. Adriatico, and she expressed appreciation that the Board granted the CUP three years ago giving her family the ability to make a living to provide for their family. She opined that at the previous Planning and Zoning meeting, there was misinformation given to stop this proposal by their neighbor, Ms. Murphy, including the following: patrons causing gridlock on Fullerville Road; patrons blocking the entrance to her gate; continuous explosions scaring the animals on her ranch; and smoke from these devices impeding visibility. She opined that their patrons had never parked on or blocked Fullerville Road or Ms. Murphy’s entrance, and that their first entrance, which was adjacent to Ms. Murphy’s property, was required to be used only for emergency vehicles. She noted that they had a natural vegetation buffer, and that in the three years of having this CUP, they had never been cited by the Office of Code Enforcement for any of these complaints. She opined that many of the complaints from neighbors were not true, and that because they used biodegradable BBs with a shelf life of four months, they would not harm the environment or the wildlife. She pointed out that they were not shooting real guns on the airsoft fields, and that they used toy guns, which made a noise from the gear box propelling the BBs from a spring inside the gun powered by a battery. She relayed that they had followed the mandates of the CUP for three years, including the posting of the “no parking” signs, using biodegradable BBs, limiting the number of patrons, and only using one of their three gates to enter their property. She spoke about her father’s good character, and opined that starting an airsoft business on their private property was a way that they could teach gun safety and provide opportunities for parents to play with and have influence with their children.

Mr. Jason Hurley, with Springstead Engineering, Inc., commented that regarding the technical aspect of the property, this project had been designed and permitted in the past and was in accordance with the Lake County Comp Plan and the LDR, and opined that all the efforts that had been taken to prepare the plans, details, specifications, analysis, and reports for this project demonstrated that this facility would continue to operate at an acceptable level of service for the use. He relayed that the substantial setback, the natural vegetative buffer, the emergency access, and traffic circulation were all in accordance with the Lake County LDR, and that conservation of natural areas on site and the protection of endangered species was included in the development of this project.

Commr. Smith inquired if there was a notice to appear for the opposition.

Ms. Marsh answered that there were two notices, including one from Mr. Cecil Gray, a resident of Fullerville Road, and one from Ms. Rebecca Murphy, a resident of Fullerville Road, and that there was one that came in late, noting that they had to be provided to the County five days before; however, he was here as part of Mr. Gray’s presentation and would come up at that time.

Mr. Gray expressed concerns about his property rights, property value, and quality of life, and opined that the intent of an Agriculture district was to prevent encroachment in Agriculture areas from commercial construction and to protect rural lifestyles in the Wekiva-Ocala RPA. He said that one of the requests had been for 300 customers, and he expressed concerns about the road, which was a sand/clay road. He opined that special events could bring in buses, motorhomes, camper trailers, tractor trailers, and military style vehicles, and that many of the requests from the applicants seemed very broad and vague. He opined that these changes would have an adverse effect on nearby properties, and he expressed concerns about the livestock.

Mr. Mark Sierens, a resident of the City of Davie, commented that he was brought in as an expert witness on the sport of airsoft, and that he owned Players Wanted and ran military simulation events, noting that he was arguing against Raptor Airsoft’s application. He relayed that the noise from an airsoft gun could be quiet; however, there were many popular guns that had noise amplifiers that ranged at 90 to 100 decibels and were fully automatic, shooting about 25 rounds per second. He stated that there were airsoft grenades, and that even though pyrotechnics were not allowed, there were other types of grenades, including cold burning grenades and construction primers, such as Bang 22’s and Thunder B’s, which ranged at over 120 decibels. He mentioned that the players also made noise by yelling instructions and screaming from being hit, which was part of the game, and opined that sound carried in this area to neighbors living close to the facility. He opined that safety was a top priority for every field, and that insurance was required. He relayed his understanding that there were only two insurance companies providing insurance for airsoft fields in the U.S, and opined that Raptor Airsoft would be in violation of insurance safety for transporting participants in a dump trailer. He expressed concerns about the safety of the players, especially young children, and opined that there were obstacles on the field that were hidden from players at times, such as barbed wire across trails. He opined that Raptor Airsoft had forced players to buy biodegradable BBs directly from them because of the restrictions of the CUP, and he indicated concerns about the environmental impact from biodegradable BBs on the aquifer and the wildlife. He related that he wanted the sport to go forward; however, he opined that it should not be in a protected wildlife area near a state forest. He questioned if the owners were still burning trash on the property, which had previously been an issue, and opined that there were large gaps in their vegetative buffer, which was there to protect the neighbors from projectiles going into their fields. He asked the Board to deny the current application and to deny the original CUP, opining that this was a commercial business for a recreational activity in a residential neighborhood. He opined that airsoft was a great sport, teaching respect, integrity, and honor; however, he opined that Raptor Airsoft could become the reason why airsoft would be regulated in the State of Florida, which he did not want.

Ms. Murphy asked the Board not to accept any of the modification requests, and opined that the initial CUP was the compromise. She stated that Raptor Airsoft had asked for the following modifications: expanded days of operation; 12 three-day military simulations per calendar year; 72 hour events; extended night hours until 11:00 p.m.; smoke; amplified music; other sounds to create an immersive experience; the allowance of shooting sport noises; 300 patrons or possibly unlimited patrons; elimination of the “no parking” signs from Fullerville Road; and elimination of the need for biodegradable BBs. She expressed concerns about the compromises made in 2020, and said that the applicant was currently asking for what had not been granted at that time. She opined that Raptor Airsoft did not fully comply with the conditions of the current CUP because of the following: gaps in their 100 foot vegetative buffer; explosions every weekend; absence of “no parking” signs; and megaphone use. She opined that residents of Fullerville Road were trying to defend their property rights from the noise, traffic, stress, and safety issues that Raptor Airsoft had brought into their community. She also opined that this facility did not belong in a residential agricultural community, and that it did not fit into the purposes and intents of the LDR, the 2030 Comp Plan, or the Wekiva-Ocala RPA, which was to preserve and protect rural character and lifestyle and to prevent commercial encroachment. She opined that the present CUP was a struggle for the community currently, and that accepting any of the requested modifications would be taking more of their rights away. She indicated concerns about the noise and its effects on the residents and livestock, and opined that if the modifications were accepted, the residents would not be able to plan events outdoors on their own properties without hearing explosions and war sounds. She expressed concerns about the clay country road, and related that in the past, the applicant’s three-day military events had brought in the following: heavy military machinery; trucks; trailers; staff; and vendors. She indicated concerns about lights being used to create an immersive experience, and said that she felt unsafe with many unknown people walking around the property and driving past her property at night. She expressed concerns about possible camping, and opined that this facility offered no economic benefit to Lake County because the players would be staying in Volusia County. She mentioned that the applicant had asked to use all three of his gates to access the facility; however, the third gate opened to the emergency access road that ran along her fence line, which was completely exposed and not buffered, noting that this was adjacent to the only entrance she had onto her property. She expressed concerns about the amount of BBs going into the wetlands and the soil, and she showed a map from the Lake County Property Appraiser’s website of the wetlands located on the applicant’s property. She indicated concerns about the lack of refuse removal, and opined that they were burning trash. She expressed concerns about their food service, noting that it wasn’t included in the CUP. She opined that there were frequent violations of the current CUP, and she asked the Board to not agree to any more requests. She opined that she had lost much revenue in the form of animals, land, and increased feed expenses because she could no longer use her pasture bordering the airsoft gun range, and she indicated concerns about the injury and death of some of her cattle. She expressed concerns about the potential loss of revenue because of the loss of the use of this 17 acre portion of her property resulting in a need to downsize her herd as she no longer had enough field space to rotate her animals and maintain healthy fields, and she asked that the Board deny the application for more concessions.

The Chairman opened the public hearing.

Ms. Nicola Strobel, a resident of Fullerville Road, expressed concerns about the amount of BBs used and their effects on water quality, and she stated her concerns about the noise.

Ms. Cindy Newton, a resident of Lake Swatara Drive, commented that she had submitted a letter from the Lake County Conservation Council which said that Comp Plan Policy 1-5.1.7 referred to wetland impacts being prohibited within the RPAs, opining that the accumulation of migration of the projectile pellets into and adjacent to the wetlands was not protective of the wetland habitats and wildlife. She also had a letter from the Friends of the Wekiva River, which agreed with the other letter, and she expressed concerns about safety issues and about pollution from the accumulation of the biodegradable plastic pellets.

Mr. Michael Chen remarked that he had visited the properties on Fullerville Road, and he played a recording of an airsoft gun firing. He opined that compromises had already been made, and that the original CUP was a holistic compromise crafted by the County. He also opined that if more compromises were made, it would encourage Raptor Airsoft to return and ask for more concessions, and he indicated concerns about violations not being addressed. He recalled that when the Ares Gun Range sought to change their CUP, the Board denied many of the requested amendments, and he asked that the Board would deny the application.

Commr. Campione mentioned that she had to leave soon and would like to speak on this item because it was in Commission District 4, noting that she had driven out to the area and had listened carefully to the testimonies. She opined that the permit should not be expanded, and she urged the business owners to follow the rules and try to be good neighbors. She said that she would ask the neighbors to do the same, and hoped that there would be some peace and unity in the neighborhood. She opined that it was a beautiful part of the county, and that people wanted to protect their homes. She expressed appreciation for those who came to speak at the current BCC meeting, and opined that it was not appropriate to expand the CUP.

Commr. Campione left the meeting at 2:41 p.m.

Ms. Louise Chen expressed concerns about the 100 foot wide native vegetative buffer and about usage of the emergency road, and said that a fence could be placed around the perimeter of the 100 foot vegetative buffer, opining that it would provide much coverage for Ms. Murphy’s field as well as help with sound. She opined that Raptor Airsoft could move the gate and create a new road providing a more efficient way through their property, and that it could help both neighbors.

Mr. Alan Chen opined that this issue was reminiscent of the May 22, 2023 BCC meeting in which the Ares Gun Range sought to expand their business, and that many of the Commissioners believed that the original CUP had been crafted as a good compromise between the business and the neighborhood. He opined that to be consistent, the Board should deny this application, and noted that the Planning and Zoning Board had denied the petition. He also opined that if any of these businesses applied for additional concessions, the Board should provide additional concessions in favor of the neighborhood, making it fair to both parties.

Ms. Marsha Schloesser, a resident of Fullerville Road, expressed concerns about the noise and all the people coming into the facility for military training; additionally, she indicated concerns about the traffic on the dirt road.

Mr. Mel Rollins, property manager for Ms. Murphy, opined that even though war games were fun, this was the wrong place, and he indicated concerns about property rights.

Mr. Joshua Cuevas, a resident of Volusia County, expressed concerns about safety.

There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.

Mr. Broome recalled that the Board originally imposed restrictions in light of the history of Raptor Airsoft, and that only the prior three years were relevant to the current application. He opined that a rural lifestyle was not serene, and that there were accepted uses in Agriculture that were very loud. He opined that it was consistent with the Comp Plan as a conditional use, and pointed out that the wetlands were not on the playing field. He related that a permit would be required for special events, that camping was prohibited, and that they were only allowing biodegradable pellets to be used. He opined that the native vegetative buffer referred to vegetation that already existed at the time of the CUP, and that the emergency road could be part of that 100 linear feet. He opined that safety was not part of the criteria for the CUP, and that if they were running their business poorly, then this was between the consumer and the business owner and was not relevant to this application. He related that some of the neighbors said that they did not want the application approved because the applicant could possibly return in two years asking for more concessions; however, if the applicant did, the Board would have to rehear it. He relayed that the use of the third gate was still going to be limited to emergency use only, and that this was not changing. He noted that according to the ordinance as proposed, the primary items being changed included the following: extended daylight hours during the week; weekend events with more than daylight hours and potential noise amplification, which would require a special event permit approved by County staff; and no more temporary “no parking” signs, unless imposed upon by Lake County Public Works to install permanent “no parking” signage. He opined that much of the ordinance maintained what was already there while trying to give some level of flexibility to the applicant.

Mr. Hurley relayed that there was a natural vegetative buffer, which was quite dense for a vegetative buffer, and that commercial sites with plantings, hedgerows, canopies, and other trees rarely resulted in the type of screening present in this 100 foot area of natural vegetation; additionally, there were areas where the cows could graze through because there was a cattle operation on this site. He explained that the emergency access road was built and constructed to Lake County’s emergency specifications, including the width, the type of roadway base, and the turnaround point, noting that it had to be maintained. He related that according to the Lake County Public Works Department, the width of Fullerville Road was sufficient for two vehicles and was an appropriate level of service for this use, and that the concerns about the intersection of Fullerville Road and CR 42 were beyond the reach of this project. He remarked that regarding the wetlands and the proximity to the SJRWMD lands or tributaries, the surface waters on this site were isolated within the site and not overlaying the airsoft field areas, and that the pellets shot on the airsoft fields were not in close proximity to these surface waters. He commented that if there was any construction required on this site or cut and fill, a SJRWMD permit would be applicable; however, their plans did not propose cutting, filling, or dredging in any environmentally sensitive areas or wetlands on this site. He said that even though the resident from Treasure Island Road made some good points on how to better improve this plan, it had gone through Lake County’s site plan application process and satisfied the departments that reviewed the plan, noting that this was not a concept plan, as it was already built based on the site planning process that was approved with the original CUP. He opined that even though there were concerns about horses and children on the rural dirt road, neither the County nor the facility was required to plan around the horses.

Mr. Broome commented that the staff found consistency and recommended approval, and that regarding the final draft, they were fine with leaving the 100 foot buffer.

Commr. Smith questioned if the Planning and Zoning Board had the current changes.

Mr. Fitzgerald replied that the Planning and Zoning Board did not have those changes, and that the changes occurred in between the Planning and Zoning Board meeting and the current BCC meeting.

Commr. Blake inquired if the airsoft expert was compensated to come to the current BCC meeting.

Mr. Sierens indicated that he was not compensated.

Commr. Blake opined that once a compromise had been arrived at with the BCC, unless there were large changes in the conditions, it should not be coming back and being reviewed again; additionally, he opined that the Planning and Zoning Board was correct in their denial.

Commr. Parks stated that he did not support the request, and opined that it was a precarious compromise. He opined that it was not consistent with the Comp Plan, and said that there were principles in the Comp Plan about RPAs requiring passive recreation, which did not require a developed site, such as hiking, horseback riding, wildlife appreciation, and picnicking, and could be carried out with little alteration or disruption to the area.

Commr. Smith commented that he had visited the facility, shot the guns, and driven around the property. He opined that the applicants had done much work and made many concessions from their original request; however, he did not know what had been involved to make the original CUP the way it was.

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board denied Tab 4, Raptor Airsoft Gun Facility.

Schofield Master Planned Unit Development

Mr. Fitzgerald explained that Tab 6, Rezoning Case #PZ2023-37, Schofield Master Planned Development (MPUD), was a proposal to rezone 839.78 acres from Agriculture to an MPUD for a mixed use development within the Wellness Way Area Plan, and that this item was approved by the Planning and Zoning Board. He related that the location of this property was east of U.S. Highway 27, south of Schofield Road and west of Cook Road, in the City of Clermont area of unincorporated Lake County, and that the FLU was Neighborhood and the current zoning was Agriculture. He stated that the highlights of this proposal included a total base unit density of 1,068 dwelling units with capacity enhancements in a variety of options, such as cash, land contributions for up to 233 units, and right of way dedication for a density bonus for 87 units, which would total 1,488 units. He mentioned that according to the Wellness Way policy, they must dedicate a minimum of five percent to non-residential square footage and acreage, which would be approximately 25 acres and 326,000 square feet of non-residential use, and that Sunshine Utilities had indicated that central water and sewer service was available to the subject property.

Ms. Mary Ellen Stern, Executive Director for Economic Growth, commented that because this case was located in one of Lake County’s four strategic corridors, they had prepared a brief presentation regarding economic development. She opined that Lake County had a prime location, a pro-business approach, and an unparalleled quality of life, and said that through ongoing extensive strategic planning, Lake County had identified four strategic corridors that served as significant economic development drivers over the coming decades, including the following: the Wolf Brach Innovation District; the Christopher C. Ford Commerce Park; the Minneola Interchange; and Wellness Way, which was in south Lake County. She displayed a map highlighting the East/West Connecter between State Road (SR) 429 and U.S. Highway 27, and opined that this road would activate the economic development potential of the Wellness Way area. She relayed that the County and the City of Clermont had for many years worked to identify the need to develop a comprehensive economic development and branding strategy in southeast Lake County, which achieved the desired employment and housing mix, and that two challenges included maintaining a high quality environment while advancing job creation and creating complete communities with high quality urban design, noting that complete communities were urban rural planning concepts that met the basic needs of the residents in communities through integrated land use planning and community designs. She explained that the plan focused on high quality, high wage job creation to be within mixed use districts, and that when a plan was submitted in the Wellness Way area, there was a requirement for the plan to set aside an area for non-residential development. She concluded that coupled with master planning and collaborations between the County, the City of Clermont, utility companies, the Central Florida Expressway Authority (CFX), the Florida Wildlife Corridor, developers, and other partners, projects underway in Wellness Way were catalysts for economic development stimulus in the area.

Mr. Max Perlman, with PulteGroup and representing the applicant, related that the total project was about 549 net acres, and that they were proposing a project with residential densities of up to 1,488 residential units along with the commercial component consistent with the Wellness Way area plan. He stated that in the neighborhood district, they intended to support lower density neighborhood development outside the boundaries of Wellness Way's community and employment centers in the U.S. Highway 27 and multi-use districts, and that to the south of the proposed CFX Connector was a 35 acre tract for a wildlife corridor. He mentioned that the non-residential component was consistent with the Wellness Way area plan with a mix of uses, such as retail, restaurant, professional, and office tenants, and that many of the proposed buildings were two and three story buildings, which was not conducive with retail but was conducive for professional office use, noting that this portion of the project was planned for when there was a market demand for it.

The Chairman opened the public hearing.

There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.

Commr. Parks commented that he had been involved with Wellness Way since starting his public service career, and that it had always been planned for growth. He noted that the County wanted to ensure it was done correctly, and opined that if this plan had not been in place, there could have been 30,000 residential units. He stated that the economic side had not been forgotten as evidenced by the setting aside of space for commercial and job creation, and opined that when SR 516 was built, it would create demand for that office and commercial creation. He opined that partnering with the applicant to accommodate the wildlife corridor was an achievement for Lake County, and said that he was in support of this application.

Commr. Shields asked if SR 516 was engineered and if the location was planned.

Commr. Parks relayed his understanding that SR 516 was in final engineering, and that what Lake County received out of this ordinance would fulfill the intent of Wellness Way.

On a motion by Commr. Parks, seconded by Commr. Shields and carried unanimously by a vote of 4-0, the Board approved Tab 6, Rezoning Case #PZ2023-37, Schofield MPUD.

appointment to the careersource central florida board of directors

On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a vote of 4-0, the Board approved to appoint Mr. Jonathan Schaefer to represent Lake County on the CareerSource Central Florida Board of Directors as the private sector representative starting on December 11, 2023 and ending on June 30, 2025.

commissioners reports

commissioner shields – vice chairman and district 1

Lead Board Meeting

Commr. Shields mentioned that he attended a Lake Economic Area Development (LEAD) Board meeting, and opined that it went very well.

commissioner parks – district 2

Christmas holiday events

Commr. Parks expressed appreciation for the Cities’ holiday events, and noted that he attended the events in the City of Clermont and the Town of Montverde. He praised the Light Up Montverde ceremony, and opined that the Christmas parade in the City of Clermont was great and became larger every year.

College football playoffs selection

Commr. Parks expressed disappointment in the college football playoffs selection, which excluded Florida State University, and opined that all residents who supported Florida football teams were done an injustice.

COMMISSIONER BLAKE – DISTRICT 5

Medical Examiner’s Advisory Committee meeting

Commr. Blake remarked that he had attended a Medical Examiner’s Advisory Committee meeting, and said that they were moving forward on the Summerfield property for the new facility. He relayed that he had previously thought that Lake County could possibly use the old facility in the City of Leesburg after they moved; however, he opined that it would not make much sense to have a Medical Examiner’s Office for Lake County alone.

commissioner smith – chairman and district 3

Christmas event

Commr. Smith related that he attended the City of Tavares Christmas event, and opined that they did a wonderful job, noting that the parade was two and a half hours long.

State of the County presentation

Commr. Smith expressed appreciation for Lake County employees for the State of the County presentation, opining that the setup was very nice.

International Ninja Day

Commr. Smith said that it was International Ninja Day.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:40 p.m.

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kirby smith, chairman

ATTEST:

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GARY J COONEY, CLERK