The Lake County Board of County Commissioners met in special session on Tuesday, March 31, 1992 at 1:30 p.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 (Commr. Bakich arrived for the workshop at 2:55 p.m.); C. W. "Chick" Gregg; Don Bailey; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; and Marlene S. Foran, Deputy Clerk.
PLANNING & DEVELOPMENT
Commr. Gregg, Vice Chairman, opened the workshop on the Land Development Regulations (LDRs).
Mr. John Swanson, Executive Director, Planning and Development, appeared before the Board to address Concurrency Management and reviewed significant dates regarding Concurrency. He stated that the Comprehensive Plan was submitted to the State on February 1, 1991, was adopted on July 9, 1991, and Concurrency was due on February 1, 1992. He stated that the Concurrency elements are now in the process of being reviewed, and said elements are for the purpose of measuring the element of capacity, and level of service for roads, parks and recreation, water, sanitary sewage, solid waste and stormwater.
Mr. Swanson stated that Ms. Jane Fitzpatrick, representing Henderson Young & Company, was present to address any questions presented by the Board.
At this time, a review was made of the Land Development Regulations revisions as directed by the Board of County Commissioners at the workshop meetings on February 11, 1992, March 3, 1992, and March 10, 1992, and jointly prepared by the Planning and Development Department, County Attorney's Office, Public Works Department, and Environmental Services Department.
Discussion occurred regarding the revisions made in Chapter V - Concurrency Management, with changes being made as follows:
It was noted that, on Page V-20, Final Site Plan, language should be changed to reflect a date three (3) months from the effective date of the LDRs.
Discussion occurred regarding the effective date of the LDRs, at which time staff was directed to use an effective date of June 1, 1992.
It was noted that, on Page V-20, language regarding Final Plat should be changed to reflect a date three (3) months from the June 1, 1992 effective date of the LDRs. After discussion, it was also noted that language should be changed to reflect the following: "Final Plat recorded after January 1, 1976, and or before September 1, 1992, for which building permit(s) have been issued on or before September 1, 1992."
It was noted that, on Page V-23, Final Site Plan, language reflecting an "August 4, 1993" expiration date should be changed to read "upon the earlier of either the expiration of the building permit or June 1, 1993, if a certificate of completion is not obtained prior to or on June 1, 1993". Discussion occurred regarding the appropriate method of notifying those who have obtained building permits, at which time staff was directed to give notice to those who have building permits through newspaper publication, or by other methods.
Ms. Jane Fitzpatrick, Henderson, Young & Company, appeared before the Board to address concurrency and stated that changes have been made to the vested language, and it is now an issue of Preliminary vs. Final Development Order and determination of how much capacity should be reserved up front to accommodate the vested properties. She addressed the concern of over reserving capacity or tying up too much capacity, based on potential vesting and how to address previously issued development orders.
At this time, Commr. Swartz requested that Ms. Fitzpatrick review the Concurrency Management language in Chapter V and advise the Board, at the next LDR workshop, if the language meets all of the requirements for Concurrency as required by the Comprehensive Plan and the State Growth Management Act.
Discussion occurred regarding revised language on Page V-2, Expiration of Certificate of Capacity, and on Page V-6, Development Causing Minor or "De Minimis" Impacts on Public Facilities, at which time no additional revisions were made.
Discussion occurred regarding the revisions made in Chapter I, General Provisions, at which time no additional revisions were made.
Discussion occurred regarding the revisions made in Chapter II, with changes being made as follows:
It was noted that, on page II-31.1, Kennel, language addressing the number of dogs and cats allowed on premises should be revised to give consideration to the number of acres of the premises harboring said animals.
It was noted that, on page II-46.1, Open Space, language referring to "lakes" should be deleted and the following language be inserted: "non activity based man made lake within the property".
Discussion occurred regarding the definition of a Protected Wellhead, on page II-51; the definition of Wellfield Protection Area, on page II-74; and language on page VI-23, at which time staff was requested to review the definitions and language for consistency.
Discussion occurred regarding the revisions made in Chapter III - Zoning District Regulations, with changes being made as follows:
Discussion occurred regarding the Schedule of Permitted and Conditional Uses Chart, on page III-18, at which time, staff was requested to review Multi-Family Residential Uses under "RP", which is indicated on the chart as "C" (Conditional). Discussion
occurred regarding Non-Intensive Agricultural Uses being permitted under "ER", at which time staff was directed to delete said uses under "ER".
At 2:55 p.m., the Vice Chairman turned the Chairmanship over to the Chairman.
PLANNING AND DEVELOPMENT (CONTINUED)
It was noted that, on page III-28, Lots of Record, language should be reviewed by staff and changed to reflect any lot that is consistent with the zoning classification in existence, and is served by central water and sewer, will be allowed to be developed at less than ten thousand eight hundred ninety (10,890) square feet.
It was noted that, on page III-30, Impervious Surface Ratio, language should be changed to reflect gross base site area.
It was noted that, on page III-32.2, Table 3.02.05, Setback Requirements, language should be developed to address average setbacks.
It was noted that, on Page III-32.5, Table 3.02.06, Density, Impervious Surface, Floor Area, and Height Requirements, language should be inserted to read gross base site acres.
It was noted that, on Page III-32.6, Minimum Land Area, language should be changed, under No. 1., from "minimum usable land area" to minimum gross base site area, and language should be changed, under No. 2., from "square feet of land area" to square feet of gross base site area.
Discussion occurred regarding the revisions in Chapter IV - Special Districts, at which time changes were made as follows:
It was noted that, on Page IV-8, "semi-rural" should be deleted under the land use classifications as established in the Future Land Use Element.
It was noted that, on Page IV-11, the terms "preservation" and "conservation" are used throughout the Comprehensive Plan, using
different definitions, at which time staff was directed to use conservation. It was noted that, under A. Density, base should be inserted to read gross base density, with staff being directed to make the change consistent throughout the document.
Discussion occurred regarding the use of the word "should", on Page IV-11, PUDs within the Green Swamp Area of Critical State Concern, at which time no change was made.
It was noted that, on page IV-16, Allocation of Uses, the minimum of "25%" of the gross land area of a MUQD (Mixed Use Quality Development) to be permanently allocated to industrial uses should be changed to 10%.
It was noted that, on page IV-17, Open Space, the minimum of ten (10) percent of the gross area of land of the MUQD (Mixed Use Quality Development) to be used for open space should be changed to fifteen (15) percent.
Mr. Jim Barker, Director, Pollution Control Division, appeared before the Board to address the Wetlands Ordinance and stated that, at the request of the Board, an evaluation has been prepared of wetland permitting reviews that are made by other agencies, which may be redundant with the County's proposed Wetland Ordinance in the new LDRs, while implementing the Comprehensive Plan policies. Mr. Barker reviewed said evaluation as presented in a memo, dated March 25, 1992, to Mr. Mike Anderson, Acting Executive Director, Environmental Services Department.
After discussion regarding wetland permitting activities, and agricultural buffers, Mr. Barker stated that a Comprehensive Plan amendment will be required, if it is the direction of the Board to defer all activities to other agencies for wetland permitting and/or to remove buffers.
Discussion occurred regarding an appropriate time for presenting Comprehensive Plan amendments to the Department of Community Affairs (DCA), at which time, staff was directed to begin preparing the Comprehensive Plan amendments after the LDRs process has been completed and as time permits.
Discussion occurred regarding the draft copy of the Wetlands Ordinance, at which time changes were made as follows:
It was noted that, on page IX-3, wetland buffers are to apply to non-agricultural activities, with direction from the Board to include language which states non-agricultural activities.
It was noted that, on page IX-4, clarification was requested to language regarding Buffer Activities and Conditions which addresses native vegetation within the buffer, and an amendment will be required to the Comprehensive Plan to modify said language.
Mr. Barker stated that there are considerations in the Wetlands Protection Program which should be addressed regarding activities in wetlands that would not be covered by any local, state or federal agency. These considerations include agricultural and silvicultural activities depending on thresholds or exemptions set out in regulatory codes; and for non-silvicultural activities, the cutting of wetland trees without the removal of the roots and stumps, since these activities would not be permitted as dredge or fill.
Staff was directed to prepare a more specific review of the criteria identifying what will and will not be regulated within the Wetlands Protection Program.
Discussion occurred regarding the redundancy between the County's wetlands program and applicable state and federal agencies and the possibility of deferring all wetland permitting to other agencies.
At this time, the Board scheduled a workshop on April 7, 1992, at 2:30 p.m., for completion of the review of the revisions to the Land Development Regulations.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:35 p.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK