A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 20, 1990

The Lake County Board of County Commissioners met in regular session on Tuesday, November 20, 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 Catherine C. Hanson. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.

COMMISSIONERS

Mr. James C. Watkins, Clerk, presided over the Investiture of the newly elected County Commissioners. He administered the Oath of Office to Commr. Don Bailey, and Commr. Catherine C. Hanson.

Commr. Bakich, Chairman presented welcoming remarks.

MINUTES

Discussion occurred regarding the Minutes of November 6, 1990. Corrections were made as follows:

Page 7, Line 33 - delete the name "Guthrie" and insert the name "VanDeMeer".



Page 9, Line 15 - delete the word "Statutes" and insert the word "provisions".



Page 20, Line 19 - delete the word "died" and insert the word "failed".

Discussion occurred regarding the motion on Page 20, Line 10 and the motion on Page 20, Line 20, with Mr. James C. Watkins, Clerk, stating he would further review said motions.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of November 6, 1990, as amended.



CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:

Accounts Allowed

Request for payment of Warrant No. 127501 through Warrant No. 127879, for the following accounts:

County Transportation Trust General Revenue

Northwest Fire District Mosquito Control

Animal Shelter Trust Fund Capital Outlay

Countywide Fire District Private Industry Council

Landfills Law Library

Pasco Fire Department Bassville Fire District

South Lake Fire Department Commissary Trust Fund

Mt. Plymouth Fire District Insurance Fund

Emergency 911 Fund Aquatic Weed

Countywide Library Road Impact

Miscellaneous/Gas Fund Section 8

Northeast Ambulance Northwest Ambulance

Paisley Fire Department



Courts-Judges



Satisfaction of Judgment, Case No. 88-1345-CJ, Steven D. Bruechert and Tommy Bruechert and Cynthia Bruechert, in the amount of $50.00.



Courts-Judges



Satisfaction of Judgment, Case No. 90-343-CJ, Steven D. Bruechert and Tommy Bruechert and Cynthia Bruechert, in the amount of $50.00.



Assessments/Subdivisions



Request to approve Satisfaction of Assessment Liens, as follows:



Harbor Shores Subdivision

Claire Drive

Astor Forest Campsites

St. Johns Waterfront

Forty Eight Estates

Ocala Forest Campsites

Hilltop Subdivision

Sorrento Shores

Picciola Island



Accounts Allowed/Bids/Jails/Finance



Discussion occurred regarding the request from the Finance Department for authorization of purchase order and contract, and to waive the bid requirements for two items purchased for the new jail, in excess of $6,000.00.

It was the consensus of the Board to postpone action on the request until the Clerk's Office and the County Manager can provide further clarification of the County's policies, to the Board, at the next meeting.

Accounts Allowed/Budgets/Clerk

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved a requisition generating a purchase order for the Clerk of Circuit Court's FY 1990-91 monthly budget, which alleviates the need to agendize draws over $10,000.00.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:

Appointments-Resignations/Private Industry Council

Request for appointments for the Lake County Private Industry Council Membership for 1990-91.



Libraries/Accounts Allowed/Grants



Request for approval of revision of narrative of Library Services Construction Act (LSCA) Grants #DLIS-90-I-02-E-07, Service to Youth, in the amount of $24,040.00, and #DLIS 90-I-10-B, Services to the Elderly, in the amount of $26,923.00, for a total of $50,963.00.



Accounts Allowed/Bonds/Subdivisions



Request to release a performance bond, in the amount of $475,326.38, for Greater Hills, Phase II; accepted a maintenance bond, in the amount of $49,323.00; and accepted the following roads into the County maintenance system: Charter Oaks Trail (3-1357A), Bay Lakes Trail (3-1357B), Sausalito Circle (3-1358B), River Run Court (3-1358C) and Summit Court (3-1358D). (80 lots in District No. 3).



Accounts Allowed/Subdivisions



Request to release escrow, in the amount of $16,300.00, for maintenance of Lake Nellie Shores. (38 lots in District No. 4)



Accounts Allowed/Subdivisions



Request to release an Irrevocable Letter of Credit, in the amount of $575,823.94, for Highland Lakes, Phase 1-A. (200 lots in District No. 2)



Bonds - Mobile Home



Request for Richard Urschel, Sugarloaf Mountain area, District No. 3, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon the completion of the conventional

dwelling unit or upon the request of the Board of County Commissioners.



Bonds - Mobile Home



Request to cancel the following Mobile Home Bonds:



Louis Francks - Pine Lakes area - District No. 4.

Charles Poston - Bassville Park area - District No. 1.



Bonds - Mobile Home



Request to acknowledge cancellation of Mobile Home Bond for Charles D. Poole (deceased) and accept application for new Mobile Home Bond by Charles Poole (his son) for completion of site-built home - Cassia area, District No. 4.



Outdoor Recreation/Rights-of-Way, Roads & Easements



Request to accept a maintenance map for Thomas Boat Landing Road, #5-7940.



Rights-of-Way, Roads & Easements



Request to accept a maintenance map for Florida Boy's Ranch Road, #2-0729.



Deeds/Rights-of-Ways, Roads & Easements



Request to accept the following Rights-of-Way Deeds:



For Site Plan:



Bobby R. & Karen A. Green - Pine Grove Road/Clay Blvd. #4-5259



For Road Project:

Mildred L. Murray - Florida Boy's Ranch Road #2-0729



Rights-of-Way, Roads & Easements/Municipalities



Request to advertise Road Vacation Petition No. 623, from Oscar M. Woodall, to vacate right-of-way, Clermont area.



Rights-of-Way, Roads & Easements/Municipalities



Request to advertise Road Vacation Petition No. 626, from Beulah H. Lobaldo, to vacate road, southeast of Montverde.



Rights-of-Way, Roads & Easements/Municipalities



Request to advertise Road Vacation Petition No. 628, from Dottie Keedy for Mr. Huffstetler, to vacate roads and tracts, Astatula area.



Rights-of-Way, Roads & Easements/Municipalities



Request to advertise Road Vacation Petition No. 631, from Lake County Water Authority, to vacate road, Leesburg area.













COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/PURCHASING

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization to purchase hazardous materials, supplies and equipment, in the total amount of $45,203.00, from Safety Equipment Company, as a sole source.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization to execute a Sale and Installation Agreement between Lake County and GTE Communications Corporation, at an additional cost of $2,756.41.

ACCOUNTS ALLOWED/HOUSING FINANCE AUTHORITY/CONTRACTS LEASES & AGREEMENTS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Section 8 Housing to enter into a new Consolidated Annual Contributions Contract for the Housing Voucher Program, between Lake County and U.S. Department of Housing and Urban Development, in an amount of $72,703.00.

ORDINANCES/ZONING

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to discuss the request for a Zoning Ordinance revision to Section 70.36, Travel Trailer Park, Subsection 362.12 - Additions, which would permit pre-manufactured additions to be connected to Recreational Vehicles/Travel Trailers/Park Models. The Zoning Ordinances currently permits additions to be constructed to Standard Building Codes; however, they are limited to screen rooms, awnings, and storage sheds.

Mr. Jack Bragg, Building Official, appeared before the Board to give input into what is considered a permanent structure and stated the Building Ordinance allows screened rooms, awnings and utility sheds.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board denied the request from John Harvey for consideration of Zoning Ordinance revision to Section 70.36 - Travel Trailer Park, Subsection 362.12 - Additions.

BONDS - MOBILE HOME

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to cancel an existing Mobile Home Bond for James E. Williams, and accepted an application for a new Mobile Home Bond for James E. Williams, Eustis area, District No. 5.

ACCOUNTS ALLOWED/BIDS/OUTDOOR RECREATION

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to award Project #R-4, "Part B", Singletary Park Boat Dock, to Wycoff/Abcom II, and issuance of a purchase order, in the amount of $48,155.00, which was the low bid.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to enter into an agreement with Southridge Industrial Water System to provide potable water and fire flow to the Astatula county facilities.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present this request.

A brief discussion from the Board occurred.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids for the Astatula Water System, at an estimated cost of $40,000.00, and instructed staff to present necessary ledger amendments.

ACCOUNTS ALLOWED/BIDS/OUTDOOR RECREATION

Mr. Jim Stivender, Director of Public Works, appeared before the board to present this request.

A brief discussion from the Board occurred.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids for Road Project No. 8-91, No. 5-7837, S. Em-En-El Grove Road and No. 5-7940, Thomas Boat Landing, at an estimated cost of $321,500.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to answer questions regarding this request.

Commr. Swartz questioned why impact fees were being used for this request. Mr. Stivender stated that the reason for the use of impact fees was due to the fact that the enhancement to the bridge is not just a repair maintenance, but an improvement to the bridge.

On a motion by Commr. Swartz, seconded by Commr. Hanson, and carried unanimously, the Board approved the request to advertise for bids for Road Project No. 9-91, Bridge Repairs on Lakeshore Drive, in Eustis, and Lakeshore Drive, in Clermont, at an estimated cost of $160,000.00, and instructed staff to use County Transportation Trust Funds and not impact fees.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids for Project No. 10-91, Florida Boy's Ranch Road, No. 2-0729 and No. 3-0729, at an estimated cost of $149,625.00.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase three 3/4 ton Diesel Trucks, with extended cab and short box, from Van Gannaway Chevrolet, Inc., at a cost of $47,693.85, which was the most competitive bid.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase one 1991 Diesel Truck Tractor, with 5th Wheel, from Boebinger Interna-



tional, at a cost of $57,490.80, which was the most competitive bid.

COMMISSIONERS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved ratification of the Board on financial items which needed to be paid prior to the Board Meeting.

COMMISSIONERS

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to move the meeting days in January ahead one week, with the meeting dates being January 8, January 15, and January 22, 1991, due to the fact that the first meeting in January falls on New Year's Day.

JAILS

Commr. Bakich, Chairman, advised the Board of a Workshop on Detention Facilities, set for January 22, 1991, at 11:30 a.m., and the ability to tour the existing facilities and the new facilities.

COUNTY EMPLOYEES/PERSONNEL

Mr. Al Thelen, County Manager, appeared before the Board to discuss the designation of one (1) Floating Holiday for 1990. Mr. Thelen stated that, in light of the numerous requests he has received, he is recommending that the County designate one floating holiday for 1990, for all non-shift personnel, limited to Monday, December 14, 1990; or, Monday, December 31, 1990, with the appropriate supervisory approval.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to designate one "floating holiday" for 1990, for all non-shift personnel, as recommended by the Personnel Director and the County Manager, limited to December 24, 1990 or December 31, 1990.

COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY/PLANNING & DEVELOPMENT

The County Attorney informed the Board that the hearing on the Wekiva Land Use Plan Amendment has been scheduled for January 23-26, 1991, at the Lake County Courthouse.

RECESS & REASSEMBLY

At 9:50 a.m., the Chairman announced that the Board would recess and reconvene at 10:00 a.m., for a Public Hearing.

PUBLIC HEARINGS - ROAD CLOSINGS

PETITION NO. 618 - DAVID CURBOW - PAISLEY AREA

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present Road Vacation Petition No. 618, from David Curbow, to vacate road, Blue Lakes Ridge Subdivision.

Mr. Stivender stated that this Petition was presented last month to the Board with a recommendation to close the road, and his staff continues to recommend the closing of the road in question.

Mr. Stivender stated that this is the only adequate access to Lake Lulu.

Discussion occurred regarding the possibility of a project in the Lake Akron area for building a boat ramp and park, with Mr. John Swanson, Executive Director of Planning & Development, stating that this project was planned for completion in the near future.

Mr. George Godfrey, a local resident, appeared before the Board in opposition to the closing. Mr. Godfrey stated that he bought his property three years ago with the understanding he would always have lake access.

Mrs. Inis Hawkins, property owner on the northwest side of the easement in question, appeared before the Board to express her concern that the County was not keeping the weeds cut on the easement, and further stated that she has kept the weeds cut in the past to prevent a fire hazard.

Mr. David Curbow, applicant, appeared before the Board. Mr. Curbow stated that the reason for initiating this Petition was not

to deny access to friends and neighbors that live in Paisley. Mr. Curbow stated that Lake Lulu is only a 30 acre lake and cannot take the pressure from the many boats that are using the lake. He further stated that all he is asking is that the County help to protect the property and the lake.

Mr. Dorsey Frabott, a local sportsman, appeared before the Board to state his opposition to the closing. Mr. Frabott, speaking for all sportsmen, stated they do not litter and abuse the property in question, as has been implied.

Mr. Gerald Bailey, a local resident, appeared before the Board in opposition to the closing. He stated it was his understanding that, when he purchased his property, he would always have access to Lake Lulu.

Mr. Matt Jones, a local resident, appeared before the Board in support of the closing. Mr. Jones mathematically stated that it was an impossibility to turn a 20 foot fishing boat around on the 50 foot easement that is now present.

Mr. Claxton Parker, a local resident, appeared before the Board in opposition to the closing and gave a brief history of the property in question.

Commr. Bakich, Chairman, stated that he has talked to several of the residents in the area. He stated that his concern is that the area is not deigned for use as a public boat ramp. He further stated that it is his feeling that the access for launching large boats should be closed, but it should be left open for public access to the lake for fishing from the banks, launching of a canoe, etc., with the Parks Department maintaining the property.

Commr. Swartz stated that he feels the reasonable way to go is to restrict right of use of the lake in question, but not deny right of use. He also stated his concern for those property owners who have brought property with the understanding that they would have access to the lake.

Discussion occurred regarding the feasibility of posting cables along the easement, to mark the boundaries.

Commr. Swartz stated that the area should be posted with signs, stating that the area is a public access but that the access is limited, and postings should state the limits.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the board denied Road Vacation Petition No. 618, from David Curbow, to vacate road, Blue Lakes Ridge Subdivision, with staff instructed to properly post, and mark the property to prevent vehicular traffic, and for the county to assume responsibility for maintenance of the property and to continue to monitor the area.

RECESS & REASSEMBLY

At 11:00 a.m., the Chairman stated that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

ZONING

On a motion by commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the following postponements:

POSTPONEMENTS

#146-90-4 W. J. Wingler 12/18/90

#142-90-5 Corinthian Park 12/18/90

#158-90-3 McKinnon Groves 12/18/90

#159-90-3 Jean Edwards 12/18/90

#160-90-3 McKinnon Groves 12/18/90

#161-90-3 Grafton Groves, Inc. 12/18/90

#162-90-3 Grafton Groves, Inc. 12/18/90

#157-90-3 Cherry Lake Farm, Tr. 12/18/90

Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board and explained each of the following cases before they were heard.

PUBLIC HEARING #129-90-4 A TO PUD MARJORIE MCDONALD

Ms. Cecelia Bonifay, Attorney, representing Ms. Marjorie McDonald, petitioner, appeared before the Board with Mr. Greg Beliveau, The Land Planning Group, to give an explanation of changes made to the current site plan.

Ms. Bonifay stated that a change from 450 units to 350 units has been made, to lower the overall density of the project, making

it 1.6 units per acres. The lot size has been changed to a minimum of 6,000 square feet to 10,000 square feet.

Mrs. Ruth Russell Gray, a resident of Lake JoAnna, appeared before the board, in behalf of Newell Cook. Ms. Gray presented a map prepared by Newell Cook, showing various elevations and demonstrating how fragile the water system is. Mrs. Gray stated that all of the surrounding lakes are interconnected, and she has a concern with the water level.

Mrs. Jackie Conn, a resident, appeared before the Board, with a concern over the issue of soil, namely, myakka soil, and to bring to the attention of the Board this type of soil.

Mrs. Conn stated that myakka soil is a type of soil that does not allow water to seep through it, and further stated that this is the type of soil surrounding the area in question.

Ms. Cecelia Bonifay responded that there are large portions of land set aside in a conservation easement, where no type of construction will be allowed. She further stated that all permitting requirements will be met, the development will have a storm water management system, and the project will be monitored.

Mr. Greg Beliveau, The Land Planning Group, reappeared before the Board to address the wetlands issue. Mr. Beliveau stated that the myakka soils, that Mrs. Conn expressed concern over, have been placed in the wetlands. The myakka soils that are being developed on have been given special considerations and problems have been dealt with. He further stated that these considerations have been recognized by the St. Johns River Water Management District and the Department of Environmental Regulations.

Mr. Beliveau stated that the new Wetlands Ordinance draft will contain wetland detention permit procedures, which will be used by the developer.

Commr. Bakich questioned the offset on the airport runway, with Ms. Bonifay stating that this variance is a requirement of the airport.



Ms. Annette Star Lustgarten, County Attorney, informed the Board that the variance from Section 70.101 of the zoning code has to be granted by the Board of Zoning Appeals, for consideration.

Mr. Bill Spikes, owner of the airport, appeared before the Board in support of this request. Mr. Spikes stated that there is a twenty to one slope requirement for any commercial airport. He presented a map showing a 80 foot easement, to protect the airport.

Further discussion occurred regarding the map and the location of the lots, in relation to the airport property.

Commr. Swartz commented that the map indicates that individual lots run all the way through the conservation easement, and questioned what was going to be done to assure that property owners do not plant grass all the way to the water.

Ms. Bonifay stated that the conservation easement would be recorded, and restrictions would be put in the deed restrictions and the Homeowner's Association requirements. She further stated that the conservation easement is enforceable by the County.

A motion was made by Commr. Hanson, and seconded by Commr. Bailey to uphold the recommendation of the Planning and Zoning Commission and approve a request for rezoning from A (Agricultural) to PUD, contingent upon the variance, with setback being approved by the Board of Zoning Appeals, with PUD variance requirements.

Commr. Swartz stated that the only way conservation easements are totally effective is when they are dedicated to the public and not to the property owner. He further stated his concern that the conservation area, that is for the protection of the lake, will eventually cease to serve that function.

Commr. Swartz further stated that the open space requirement should be approximately 25 acres; however, the development is showing only 10 acres.

The Chairman, Commr. Bakich, called for a vote on the motion, which carried.

Commr. Swartz voted "No".



PUBLIC HEARING CUP#90/8/3-5 CUP IN A BROWNLEE BURRIS

Ms. Cecelia Bonifay, Attorney, representing Mr. Brownlee Burris, applicant, appeared before the Board and gave a brief explanation of the location of the property.

Ms. Bonifay explained, at the time Mr. Burris acquired the property, there were several structures already on the property. She further stated that the prior owner did not adhere to the permitting process, and Mr. Burris has worked to bring the property in compliance.

Ms. Bonifay stated that the reason for the request for a caretaker's residence is due to the fact that Mr. Burris travels and employs a caretaker to maintain the property.

Mr. Greg Stubbs, Director of Development Coordination, stated that the Planning and Zoning Commission recommended that the applicant be required to post a bond in the amount of $5,000.00, for the purpose of removal of the unit, in the event the caretaker is no longer employed.

Ms. Jane Grove, a local resident, appeared before the Board in opposition to the request. Ms. Grove stated that there are fifty-five acre tracts, with thirty families currently living in the area. Ms. Grove's concern is that the area will become a multi family area.

Mr. Brownlee Burris, owner of the property in question, stated that the caretaker is a full time employee.

Commr. Swartz stated that, if Mr. Burris' request is approved, it will be opening the door for others, and the County should consider an amendment to the Ordinance.

Ms. Bonifay stated that Mr. Burris has been burglarized, he houses horses and expensive cars, and needs a caretaker for security purposes.

Commr. Bakich questioned how many building permits Mr. Burris has, with Mr. Burris stating he has three building permits and has five structures, all of which were built before he acquired the property.

Mr. Stubbs stated that there was a building permit for the structure that the caretaker is currently living in, but no Certificate of Occupancy was pulled on it. The other structures are a barn and a storage building.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board approved to postpone this request for thirty days.

Commr. Swartz voted "No".

PUBLIC HEARING LPA#90-1-3 LAND PLAN AMENDMENT ROBERT L. CHAPMAN, JR.

Mr. Steve Richey, Attorney, representing Mr. Robert L. Chapman, Jr., appeared before the Board.

Mr. Greg Stubbs, Director of Development Coordination, stated that the first draft of the Future Land Use Plan for Lake County includes this area as an expanded urban node. Mr. Stubbs further stated that it appears that the Bramalea Urban Node will expand to the west.

A motion was made by Commr. Swartz and seconded by Commr. Bailey to uphold the recommendation of the Planning and Zoning Commission, to consider a Land Plan Amendment for "South Lake" development, as an expansion of the existing Bramalea Urban Compact Node and submit it to Department of Community Affairs.

A brief discussion occurred regarding the boundaries of the node.

Commr. Bakich, Chairman, called for a vote on the motion, which carried.

Commr. Bakich voted "No".

PUBLIC HEARING #144-90-3 A TO RR OR AR MARK E. HOBSON

Mr. Sandy Minkoff, Attorney, representing Mr. Mark E. Hobson, owner of the property in question, reiterated the history of this request stating that the initial application filed was for RR (Rural Residential). At the request of the Planning and Zoning Commission, Mr. Hobson was asked to agree to a postponement for

thirty days, to advertise this request as RR (Rural Residential) or AR (Agricultural).

Mr. Minkoff stated that the lot sizes range from two and three-quarter acres to twenty-seven acres, which include paved roads, and all accesses will be interior, if zoned RR. If they are required to accept the AR zoning, there will be multiple accesses. Mr. Minkoff further stated that they would prefer RR, but would accept AR.

Ms. Peg Turner, property owner and Secretary for the Apshawa Homeowners' Association, appeared before the Board, in opposition to the request. Ms. Turner stated that she resides in Apshawa Groves. Ms. Turner referred to a history book which chronicles the philosophy of Apshawa Groves, stating that the intent was that the area would always be zoned Agricultural. She presented an additional eleven signatures to add to those, which had previously been submitted, in opposition. She stated that the Homeowners' Association respectively request that the Commissioners uphold the Planning and Zoning Commission's decision to allow Mr. Hobson to develop his land as five acre homesites.

Mr. Bill Gillium, a local resident, appeared before the Board to express his wishes to keep the area within five acre tracts.

Mr. Matt McCrue, a local resident, appeared before the Board stating that realtors have, for years, stated there was no chance for rezoning. Mr. McCrue read a letter from a local realtor, which emphasized that many people would not have made such a tremendous investment in property, had they known that rezoning would happen. Mr. McCrue submitted a map representing the future of Apshawa Groves, with discussion from the Board.

Dr. Dwain Zagrocki, a Veterinarian and local resident, appeared before the Board in opposition to the request and talked about the community and lifestyle of Apshawa Groves.

Dr. Zagrocki stated that zoning to RR or AR would be detrimental, or possibly destructive, to the Equan-Agriculture in the area.



Dr. Zagrocki questioned when an individual's rights determine land use and when a community's rights determine land use.

Dr. Zagrocki stated the Homeowner's Association has presented documental proof and support why the community should remain Agricultural, including a letter from Ms. Debra Shallick, an environmental specialist, stating a zoning change from Agricultural would be detrimental to the area.

Mrs. Winifred Corey Jobins, a resident of Howey-in-the-Hills, appeared before the Board in opposition to the request. Mrs. Jobins stated that she is the daughter of Russell Corey, developer of Apshawa Groves, and she still owns property in the area.

Mrs. Jobins stated that restrictions were placed in the deeds, by the original owner, to keep Apshawa Groves protected. The restrictions are to remain in force as long as the laws of the State of Florida permit. Apshawa Subdivision consisted of the first lots around the lake. The lots that are less than five acres were purchased by the workers of the original owners, after the original subdivision was developed.

Mr. Minkoff stated there are no restrictive covenants that appeared on the face of the plat. The plat has six lots with less than five acres.

Commr. Swartz commented that the Comprehensive Plan states that there will be a range of residential densities, and a variety of living conditions, and feels Lake County can have unique communities. He further stated that he supports the Planning and Zoning recommendation to allow this area to remain in an Agricultural zoning to allow for five acre tracts.

Commr. Hanson commented that it appears there have been several splits in the lots in the past, and this is not an intact five acre subdivision. She states that the subdivision, that is now present, is more attractive than one that would allow mobile homes.

Mr. Stubbs clarified that any property owner with five acres or more can obtain a permit for a mobile home.

Commr. Bailey commented that he feels the property owners have boundaries that they feel they live within, and he will abide by those boundaries and support the five acres.

Commr. Bakich commented, from a safety standpoint, that a single entrance as opposed to multiple entrances would be much safer. He further stated that there is the ability to raise livestock, maintain nurseries, farms, and greenhouses under the RR or AR zoning. Commr. Bakich further stated that compromises are necessary at times, and he feels AR is the appropriate transition.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission and deny the request for rezoning from A (Agricultural) to RR (Rural Residential) or AR (Agricultural).

The motion died with a 2 - 2 vote. Commr. Bakich and Commr. Hanson voted "No".

Commr. Hanson made a motion, which was seconded by Commr. Bailey to approve rezoning from A (Agricultural) to AR (Agricultural).

The motion failed with a 2 - 2 vote. Commr. Swartz and Commr. Bailey voted "No".

Discussion occurred between the Board and the County Attorney regarding the next step to be taken.

Mr. Minkoff stated that the applicant would not object to a continuance until the next meeting.

A motion was made by Commr. Hanson to defer action for thirty days.

The motion failed due to lack of obtaining a second.

The County Attorney stated that since no action was taken on this matter by the Commission, the applicant will have to reapply.

Commr. Swartz suggested that staff review the impact of what had occurred, and decide if it should be brought back before the Board next month.

Commr. Bakich directed the County Attorney to look into to legal aspects of this request and stated, after reviewing the

issue, that the County Attorney, or Mr. Greg Stubbs, will notify Mr. Minkoff whether or not the petition will be continued next month. If the decision is to continue the petition next month, it will be the first order of business.

PUBLIC HEARING #131-90-2 A TO RR EMMA-HART GROVES

Commr. Bailey made a motion, which was seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to RR (Rural Residential).

Mr. Craig Clayton, a partner of Emma-Hart Groves, appeared before the Board stating that they are requesting rezoning to RE (Rural Estate), which is three-quarter acre lots, versus RR (Rural Residential), which is one acre lots. Mr. Clayton feels that the three-quarter acre lots will provide better control over the type and quality of development that occurs in the area.

Mr. Clayton was asked if he would accept RR (Rural Residential), with Commr. Swartz stating that he would not support the RE (Rural Estate) but will support RR. The Chairman, Commr. Bakich, called for a vote on the motion, which was carried.

PUBLIC HEARING #154-90-5 A TO PFD JACK BLIFFIN/COUNTRY SIDE CHRISTIAN CHURCH

Mr. Jack M. Bliffin, the applicant, was present in the audience to answer any questions the Board may have.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning A (Agricultural) to PFD (Public Facilities District).

PUBLIC HEARING #156-90-2 A T0 RR HUTSON E. MCCORKLE

Ms. Cecelia Bonifay, Attorney, appeared before the Board representing Mr. Hutson E. McCorkle, the applicant.

On a motion by commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to RR (Rural Residential).

PUBLIC HEARING 3153-90-1 RMRP TO RM E. CHISHOLM

Mr. E. Chisholm, the applicant, was present to answer questions from the Board.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RMRP (Mobile Home Rental Park Residential) to RM (Mobile Home Residential).

An attorney appeared before the Board on behalf of the applicant stating that the applicant applied for his zoning two years ago, and the legal description on his tax role had been incorrectly described by the Property Appraiser, consequently, resulting in improper zoning.

Commr. Swartz directed Mr. Greg Stubbs, Director of Development Coordination, to look into this issue and possibly refund Mr. Chisolm's cost for the second zoning, if the County made error.

PUBLIC HEARING 3155-90-2/3 A TO PFD PACKING HOUSE BY PRODUCTS, INC.

Mr. Bob Farner, Attorney, representing the applicant, appeared before the Board to answer questions.

Discussion occurred regarding the central water and sewer system for the facility, with Mr. Farner stating a system is currently in existence.

Further discussion occurred regarding irrigation of the golf course, with Commr. Swartz commenting that he would like to see requirements added stating, if available, that they would use treated effluent grey water, storm water, and as a last resort, surface or ground water, for irrigation purposes.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to PFD (Public Facilities District), with inclusion of the use of grey water, in addition of the hierarchy, and the establishment of the treated effluent irrigation.

PUBLIC HEARING #164-90-2 A TO PUD A.S. HERLONG

Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board to discuss changes in the recommendation of the Planning and Zoning Commission. Mr. Stubbs stated that Item XI. Pollution Control Requirements and XII. Wetlands and Tree Protection Requirements should be deleted and insert the memo, verbatim, dated October 26, 1990, from Mr. Don Findell, Director of Environmental Services. Mr. Stubbs further stated that this will be in ordinance form when it is returned for signatures.

Mr. Greg Beliveau, Attorney, appeared before the Board representing the applicant. Mr. Beliveau stated that the applicant had requested that some conditions be addressed, the first being the request to waive the requirement for sidewalks.

Commr. Swartz stated that people in developments of this size want sidewalks, and expressed his concern that if sidewalks are not provided by the developer, the County will eventually have to provide sidewalks.

Mr. Beliveau stated that the second request is for an extension of the right-of-way east and west, to the east and west property lines for future connections to adjacent property.

It was the consensus of the Board to deny this request.

Mr. Beliveau stated that the last request is to waive the requirement for street lights.

It was the consensus of the Board to go along with the staff recommendation that lights be provided at each intersection and at the terminating end of each cul-de-sac street.

A motion was made by Commr. Bailey and seconded by Commr. Swartz, to uphold the recommendation of the Planning and Zoning Commission and approve a request for rezoning from A (Agricultural) to PUD (Planned Unit Development) and a variance of Section 70.40 (6E), Parking Requirements, of the Lake County Zoning Regulations.

Commr. Bakich stated his concern that, because of the amount of agricultural around the area, there needs to be a better transition, with further discussion from the Board.

The Chairman, Commr. Bakich, called for a vote on the motion, which carried unanimously.

PUBLIC HEARING #166-90-4 RR TO PUD HERBERT MAYER (SEMINOLE SPRINGS COUNTY CLUB)

Ms. Cecelia Bonifay, Attorney, appeared before the Board representing Mr. Herbert Mayer, the applicant.

Commr. Swartz expressed his concern over the proposed irrigation requirements for the golf course, and questioned what the water consumption use of the golf course is expected to be.

Mr. Greg Beliveau responded that a well system will be used, but no studies have been made to determine how much water consumption was expected to be used.

Discussion continued regarding water consumption and the Wekiva River Protection Area Act and Land Use Regulations as they relate to this request.

Commr. Swartz questioned what basis was used in determining the acreage and the density.

Ms. Bonifay responded by stating that the acreage and density was determined by following the requirements set by the County.

Commr. Swartz reiterated that his main concern was how the Board can approve this development if they do not know what the water impact is going to be on the golf course.

Commr. Hanson stated that the Wekiva Basin Amendment Act was not to stop development in the basin but to make it restrictive, and she feels the applicant has met the criteria. She further stated that all developments in the County should look at water quantity and not just those developments in the Wekiva Basin.

Commr. Bailey stated that he feels the applicant has met all the requirements, and the County should work with the applicant.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RR (Rural Residential) to PUD (Planned Unit Development), with the Planning and Zoning requirements and DER requirements.

Commr. Swartz voted "No".

PUBLIC HEARING #121-90-4 RR TO PUD HAMPTON HILLS REVEST II

Ms. Cecelia Bonifay, Attorney, representing the applicants, appeared before the Board to discuss this request.

Ms. Bonifay distributed to the Board revised site plans and information, which was prepared to reflect the changes in the overall design of this project. Ms. Bonifay also submitted, to the Board, the original of a petition in support of the Revest II Rezoning application to PUD, for developing the Hampton Hills project.

Ms. Bonifay addressed some of the concerns that were previously expressed by the Board, and what the applicants have done to address these concerns. One of the concerns was the wastewater treatment plant, which has been relocated within the commercial area. The size of the commercial area has been reduced, and the uses have been varied so that there is a variety of office, commercial and residential uses. The open space has been increased significantly, exclusive of the golf course, and a landscape buffer has been added.

Mr. Tony Panico, representing the applicants, pointed out physical changes that have taken place, since the previous hearing, with discussion from the Board.

Mr. Robert R. Stemmer, resident of Mt. Plymouth, appeared before the Board to express his concern over the location of the sewage treatment plant.

Mr. Stemmer asked that the Minutes of this meeting reflect that the Hampton Hills Development Waste Water Treatment Plant must be located on-site of the Hampton Hills Estate PUD property.

Commr. Bakich stated that, if the preliminary development plan is approved, it will be approved with the wastewater treatment plant located on-site, as stated.

Commr. Swartz stated that, in addition to it being on the drawing, it is specifically stated in the Public Facilities District section that the water and sewer facility must be located

on-site, to serve the entire development. He further stated that, if there are any substantial changes, such as moving the water and sewer facility, regulations state that any substantial change must be advertised and must go through the public hearing process again.

Commr. Swartz brought to the attention of the board clarification of Section B., in the Planned Unit Development document, which states that the applicant shall be permitted 1.78 acres of commercial/professional, with a maximum of 6,000 square feet total for up to three (3) buildings.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RR (Rural Residential) to PUD (Planned Unit Development), with inclusion of the PUD requirement for school and fire impact fees, and the change in the language for commercial, up to a maximum of 6,000 square feet, for up to three (3) buildings.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:10 p.m.



____________________________

MICHAEL J. BAKICH, CHAIRMAN



ATTEST:







_____________________________

JAMES C. WATKINS, CLERK





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