OCTOBER 30, 1990

The Lake County Board of County Commissioners, as the Local Planning Agency, met in special session on Tuesday, October 30, 1990, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Don Bailey; Richard Swartz; and Thomas J. Windram. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Robert K. McKee, Chief Deputy Clerk; and Marlene Foran, Secretary.

Commr. Gregg led the Pledge of Allegiance.


Commr. Bakich, Chairman, presented to the public the six elements to be discussed as follows: Mass Transit, Aviation and Rails, Recreation & Open Space, Intergovernmental Coordination, Housing, and Economic Evaluation. He stated that these issues are open for public comment.

Mr. John Swanson, Executive Director of Planning & Development, gave opening comments stating that the purpose of the meeting is for the Board to sit as the Local Planning Agency, to hear public comment, and fulfill the requirement of the Road Management Act.

Mass Transit Element

Ms. Cecelia Bonifay, Attorney representing a number of clients, appeared before the Board to participate in the public hearing process regarding all of the elements.

Ms. Bonifay pointed out her concern that the draft she had, dated August 2, 1990, was not the most recent draft.

Mr. Larry Kirch responded that there were no changes to the Data Inventory Analysis after August 2, 1990. Mr. Kirch stated that the documents before the Board today reflect only changes that the Board has requested, with one policy change under Goals, Objectives & Policies, III-1, Goal 3-1 Mass Transit, which

now reads, "Lake County shall consider mass transit at such time as the capacity of a roadway cannot be increased by adding additional lanes and the volume exceeds capacity."

There were no further comments on the Mass Transit Element.

Aviation & Rails Element

Discussion occurred regarding Goals, Objectives & Policies, Page IV-2, Policy 4-3.2 - Determination Of Need For Additional General Aviation Facility Within Lake County. Commr. Swartz asked for clarification on what the County's relationship is to the Central Florida Aviation System, and how the Central Florida Aviation System looks at new and present needs.

Mr. Larry Kirch stated that the Central Florida Aviation System is a part of the Department of Transportation. Staff is coordinating with the Central Florida Aviation System at the present time, and they are in the process of doing another study assessment of aviation in Central Florida.

Further discussion occurred regarding the feasibility study, which will determine if a need exists for an additional general aviation facility. Commr. Swartz commented that the policy states we are committing ourselves to a study by 1993. He further commented, if there is an agency such as the Central Florida Aviation System, that routinely makes a determination and study, the policy should indicate the County will cooperate and work with that agency as they review needs for additional aviation facilities. Staff was directed to make the policy change to clarify the above language and delete the 1993 date.

Mr. John Swanson stated that he will be attending the next Central Florida Aviation System meeting on November 14, 1990 and will make the above suggestion.

Recreation and Open Space Element

Mr. John Weatherford, Committee Chairman, was present to answer questions from the Board regarding this element.

Mr. Bob Huffstetler, Architect, appeared before the Board with comments.

Mr. Huffstetler referred to Page 8-19, Table 8-3, Conservation Open Space, stating that the last sentence, "An example of this problem would be the development of permanent structures in the river flood plains, impeding normal drainage flow and increasing flood elevations." should be deleted, because it does not follow with the definitions of utilitarian, corridor and multi-use open space.

Mr. Larry Kirch stated that the executive committee's intent is to strike the last sentence, as referenced above, and restate it as "Conservation Open Spaces defined within the Conservation Element." He further stated that the word "significant", in the first sentence of the same paragraph, should be deleted and insert "important, natural". The second sentence should read, "Natural areas are also a form of conservation open space.", deleting "that are unsuitable for development also".

Mr. Huffstetler brought to the attention of the Board that Existing Level of Service, on page 8-41, means available park lands that are available for public use now. He stated that the 475.93 acres of County-owned park land includes property that is not accessible for public use, including the 68 acres of the Lake County Water Authority, which leaves the level of service at 1.54 acres/1000 rather than the stated 5.95 acres/1000.

Commr. Gregg stated that the issue is how many acres of active park land the County has at the present time, not what is coming on line to serve the future needs of the County, with discussion from the Board regarding County-owned land, open spaces, and the definition of Level of Service.

Mr. Chuck Pula, Recreation Director, stated that staff looked at available land, what is being developed, what is being planned, and other aspects before reaching the level of service calculation. He further stated, after considerable study and research, the LOS figure of 5.95 acres/1,000 is a fair, accurate estimate.

Ms. Cecelia Bonifay stated that her primary concern is to the level of service requirements. Ms. Bonifay stated there is

inconsistency between the public sector in defining how they establish the level of service, and what is going to be required by the private sector, so that they meet current development regulations or anticipated development regulations. She further stated that the Impact Fee Committee questioned how staff came up with 475.93 acres of County-owned park land. She questioned the use of the 285 acres at Highway 27 and Highway 19 and the 60 acres of the Lake County Water Authority, and if the County is exercising any control over the Water Authority land.

Mr. Larry Kirch stated that the County has an interlocal agreement with the Lake County Water Authority to use the land in question for all County residences.

Commr. Swartz stated that what it comes down to is what the Board wants its citizens to have in the area of activity based recreational lands.

Discussion occurred regarding the inclusion of private sector land and public facilities, such as the fairgrounds, in the 475.93 acres of County-owned park land.

Ms. Bonifay stated that, under Policy 8-1.5, Mandatory Dedication of Land for Recreation Space, there is a need to define Open Space requirements, the difference between Open Space and Recreation Open Space, if the County is going to differentiate for the private section and not for the County, and how the County is going to combine all of that into the impact fees. Her clients' major concern is what requirements will be in force in the future.

Mr. Chuck Pula stated that staff will look at statistical data based on what the level of service is, total acreage, and what impact fees are in other counties. By doing so, the Board will have insight into what is being done in other areas and then be able to weigh that data against Lake County's growth and development.

Staff was directed to prepare an analysis of other areas that could have been included in the LOS figure of 5.95 acres/1,000, such as schools, state parks, etc.

Discussion occurred regarding the 20 acres of land, at Hickory Pointe Park, and whether or not this land could be incorporated into the County's active recreation.

Mr. John Weatherford addressed the issue of the 475.93 acres of County-owned park land and the 5.95 acres/1000 population. Mr. Weatherford stated that, if Hickory Pointe is not developed as a park, the County has to provide for that loss. The level of 5.95, as it exists now, requires the County, within five years, to acquire an additional 90 acres of park property.

Discussion occurred regarding appointing a Lake County Parks and Recreation Advisory Committee. Mr. Pula stated that an advisory committee will be formed in the near future, with Commr. Swartz stating that he thought there should be an objective, policy or goal stating that an Advisory Committee will be established.

Staff was directed to bring back to the Board the proposed duties and responsibilities of an Advisory Committee, and a policy that could be added to the element.


At 10:40 a.m., the Chairman stated that the Board would recess and reconvene at 10:50 a.m. for the Housing Element.

Housing Element

Mr. George Pringle, Pringle Development, Inc., appeared before the Board to give his viewpoint on the housing issue.

Mr. Pringle questioned if the "Affordable Housing Task Force" belonged in the Housing Element. He further stated that, under Policy, the word "Promote" is not the proper word to use. Discussion also occurred regarding the Mandatory HRS License, Policy 5-1.5.1.

Ms. Cecelia Bonifay appeared before the Board to discuss concerns of her clients regarding the Housing Element.

Ms. Bonifay expressed her concern that outdated data is being used for these documents. She stated that, without the Future Land Use Element, it is not possible to comment on the other elements. In summary, Ms. Bonifay stated that the document consists of

mandates and restrictions, not inducements, to the private sector to help achieve goals that are beneficial to the community.

Ms. Bonifay will return with specific comments and suggestions at the next Public Hearing.

Commr. Swartz commented that the major problem with the Housing Element is that the County has to do a more specific job of identifying what the deficiencies are in affordable housing and in substandard or dilapidated housing. There is a need to indicate specifically how to repair substandard housing and remove the dilapidated housing.

Discussion and clarification occurred on Policy 5-1.1.6, Page V-2, Promote Mixed Use Developments, with special attention given to line four, "to be exempt from residential land use traffic impact fees through a point system". Commr. Gregg stated that language should be incorporated into the Policy stating "provision of affordable housing will be considered for discounts on impact fee per the Impact Fee Ordinance".

Intergovernmental Coordination

Mr. Joe Stephany, a local resident, appeared before the Board to give his views on the Intergovernmental Coordination Element.

Mr. Stephany stated that, in the elements being discussed today, the how and when of doing the elements and whether the elements can, in fact, be implemented seems to be lacking. He further suggested that both restrictive and performance standards be implemented as the plan moves forward.

Mr. Stephany pointed out that on Page 9-2, first paragraph, Section 163.3177 (6) (f), (f) should be deleted and (h) inserted.

On page 8-13, Fire Districts, line 3, the "9 fire districts" should read "6 fire districts", and questioned if the North Lake County Hospital District and the South Lake County Hospital District were created by Chapter 63-1059 and 78-546, Laws of Florida. Mr. Stephany pointed out his major concern was on Page IX, Objective 9-1.2.

Discussion occurred regarding the list of local agencies and associations listed under Miscellaneous County, Page 9-13, with Commr. Swartz suggesting that somewhere in the data a list be included of the agencies that the County currently has an interlocal or contractual agreement with, including a brief description.

Ms. Cecelia Bonifay, representing her clients, appeared before the Board to give her views on the Intergovernmental Coordination Element. She questioned if the County is going to object to municipal plans and pointed out that, on Page IX-3, iv., the reference to "non-intensive land uses" may or may not be what is included in a municipal plan.

Mr. Larry Kirch called attention to Page 9-15, paragraph one and two, addressing the existing interlocal agreements that the County has with the municipalities, stating that these two paragraphs discuss what the problems were with the joint planning areas. Mr. Kirch stated that the last sentence "The County and the municipalities restructured the interlocal agreements to address these issues." is incorrect, because it has not been done as originally anticipated, and it should read "The County and the municipalities should restructure interlocal ....".

Economic Evaluation Element

Ms. Cecelia Bonifay, representing her clients, appeared before the Board to discuss this element and reiterated previous comments on the lack of a Land Use Element.

Ms. Bonifay referred to the reference of Lake County as a rural County and would like to see the County classified as a transitional or urban County.

Mr. Mark Knight, Planning and Development, brought to the attention of the Board Policy 11-3.3, Page XI-4, stating the intent of the policy was to ensure that adequate land will be available for new business and industry, and that adequate housing will be available for those employees with low wages and income.

Discussion occurred regarding the national average unemployment rate of 5.4 percent, and the projected 1991 Lake County unemployment rate of 7.7 percent, with Commr. Windram questioning the 7.7 percentage. Mr. Larry Kirch stated that staff, perhaps, should use an annualized figure and show the normal seasonal adjustment.

Discussion occurred regarding Policy 11-2.6, Page XI-3, with Commr. Swartz questioning how the County can provide provisions such that priority be given to agricultural freeze protection over that of other energy consumers. He further questioned how the County can insure that excessive electrical capacity is not permitted within residential developments. Commr. Swartz stated that the only way to possibly do that is through the Conservation Element.

Discussion also occurred regarding Policy 11-2.5, Page XI-3, with Commr. Swartz questioning the request that the St. Johns River Water Management District and the Southwest Florida Water Management District issue consumptive use permits for agricultural uses, which are effective for the life of the agricultural investment.

Mr. Jim Simpson, Economic Advisory Committee, appeared before the Board and addressed the issue of the agricultural consumptive use permits. Mr. Simpson stated that it is an issue of protecting our water resources in Lake County, thus preventing the coastal areas from taking the County's water resources. The County must protect its agricultural environment by ensuring that the agricultural uses be maintained in the County.

Discussion occurred regarding the size of the boundaries on Map 11-4, Page 11, with Mr. Larry Kirch calling attention to Policy 1-7.1, Page XI-7, stating an economic feasibility study will be done to determine what the market forces are, decide what the mix of development is, and then decide what the proper boundaries should be.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:30 p.m.