The Lake County Board of County Commissioners met in regular session on Tuesday, August 24, 1993, at 6:00 p.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; and Toni M. Riggs, Deputy Clerk.
Commr. Bailey gave the invocation and led the Pledge of Allegiance.
PUBLIC HEARINGS/TIMES CERTAIN
ASSESSMENTS/RESOLUTIONS/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Services, appeared before the Board to discuss Special Assessment Project No. SA-75, Overlook Drive, Lake Drive "Part" and South Lake Drive. He informed the Board that #82, Harvey P. and Jane E. Kellom, as listed on the assessment roll, should reflect the following corrections: Actual Feet - 196.3; Assessed Feet - 196.3; and the Assessed Cost - $1,739.22.
Commr. Swartz opened the public hearing portion of the meeting.
Mr. Bob Brown appeared before the Board to discuss his concerns with the proposed special assessment. He stated that, if the road is paved, crime will increase in the area, and it was his understanding that, at the present, there is not sufficient police protection in the County. He further stated that most of the people in this area have low incomes, and it would be difficult for him, along with the other property owners to pay the 12% interest rate being charged by the County. Mr. Brown questioned whether there are any federal funds available to assist in paying for paved roads in the County, or, if the request is approved, could the interest rate be reduced. Mr. Brown stated that he did not feel there had been enough research done on this area, and discussed the time when he received his notice regarding the special assessment.
Discussion occurred regarding the process for special assessments in the County. Mr. Stivender stated that 55% is required in every special assessment, and there was 54-58% on the ownership and footage on Overlook Drive; 70-60% on Lake Drive; and 65-49% on South Lake Drive. The County proceeded with the mandatory assessment.
Commr. Swartz explained that federal funds were not available for special assessment projects, but that the County, through its Special Assessment Trust Fund, pays for one-third of the costs, with two-thirds of the costs being paid by the property owners.
Ms. Annette Star Lustgarten, County Attorney, explained that the 12% interest rate was adopted by the Board, which has been applied across the Board in all special assessments.
It was noted that the interest rate could be changed by amending the road policy. Commr. Swartz stated that, if it is the Board's desire to address this issue, all special assessment will need to be considered, including the ones with unpaid balances.
Mr. Brown discussed the information that the property owners received when signing the petition, and stated that he did not sign any petition.
Commr. Hanson stated that the Sheriff's Department cannot routinely travel on the roads that are not in the County maintenance system, and this will allow the Department to do so.
Ms. Ginny Triplet, #35 on the assessment roll, appeared before the Board and questioned the construction time for the project, and when the costs will have to be paid by the property owners.
Mr. Stivender explained that the total construction time will be approximately 130 days, and that the property owners will be billed in approximately 180 days.
There being no further public comment, Commr. Swartz closed the public hearing portion of the meeting.
Ms. Lustgarten clarified that, on Overlook Drive, the County is paying 50% of the costs, and the homeowners will be assessed 50%, due to this being a collector road.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to execute the resolution and assessment roll for road improvement project SA-75, County Transportation Fund, Commissioner District 4.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to award and authorize Overlook Drive, Lake Drive "Part" and South Lake Drive Special Assessment to Trac Roadbuilders, Inc., and to encumber and expend funds in the amount of $137,161.50.
ORDINANCES/ENVIRONMENTAL SERVICES
The Chairman announced that the advertised time had arrived for discussion on the proposed Ordinance amending Chapter 21 of the Lake County Code, Water Supply and Waste Disposal.
Ms. Annette Star Lustgarten, County Attorney, presented a brief overview of the proposed ordinance. She discussed the reasons for amending Chapter 21, including major changes to Chapter 403, which is the State Legislation relating to solid waste. All of the definitions in Chapter 403 have been incorporated into the existing ordinance, with the definitions being amended to reflect those changes. There have also been changes to the State Statute in relation to recycling materials, which are now being called "recovered materials" and "recovered materials dealers", with this language being incorporated, and all references to "refuse" have been changed to "solid waste". Ms. Lustgarten stated that the acknowledgement of the fact that the County has entered into exclusive franchises for districts identified by the County have also been addressed throughout the ordinance. It was noted that the language would also clarify that the County shall not award franchises in the exclusive franchise districts that are subject to the contracts, and that any franchises shall not in any way conflict with those exclusive franchise contracts. Ms. Lustgarten stated that the special assessment section has been amended to incorporate commercial improved property, as well as residential.
Commr. Swartz opened the public hearing portion of the meeting.
Mr. Sandy Minkoff, Attorney representing Town and Country Refuse, appeared before the Board and referred to pages 7-8 in the proposed ordinance. Mr. Minkoff discussed Section (e), which refers to public hearings for rate changes, and stated that the contracts that have been approved by the Board have automatic rate adjustments in them, and are not contingent upon any public hearings. He suggested that the following language be added: "other than those rate adjustments which were provided for in the franchise agreements".
After further discussion, the following language was added to Page 7 (e): "consistent with any existing exclusive franchise agreement".
There being no further public comment, Commr. Swartz closed the public hearing portion of the meeting.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the Ordinance amending Chapter 21 of the Lake County Code, Water Supply and Waste Disposal, including the amendments submitted by the County Attorney, as follows, and with the clarification made to the language on Page 7 (e), as stated above:
On Page 8, Line 26, strike article
And Insert: chapter
On Page 9, Line 25,
Insert: The Board of County Commissioners shall not
issue franchises within Exclusive Franchise Districts
established in Exclusive Franchise contracts that
conflict with the terms and conditions of Exclusive
Franchises granted in Exclusive Franchise contracts.
On Page 17, Line 31,
after "waste" insert
"or recovered materials"
after "materials" strike
"is"
and insert "are"
On Page 20, Line 32 strike
"includes"
On Page 22, Line 13,
after "waste"
strike "whole"
On Page 24, Line 22, delete
Solid Waste shall not be allowed to accumulate for more
than seven (7) days.
On Page 26, Line 19,
after "waste" insert
"or recovered materials"
On Page 26, Line 22,
after "waste" insert
"or recovered materials"
On Page 26, Line 32
strike "disposal"
On Page 28, Line 24,
after "are" insert ";"
On Page 28, Line 26,
after "municipality" insert "; collected"
On Page 28, Line 28
after "organization" insert ";"
On Page 29, Line 9, strike
"a."
and insert "(1)"
On Page 29, Line 12, strike
"material"
and insert "materials"
On Page 29, Line 16, strike
"b."
and insert "(2)"
On Page 29, Line 16 strike
"franchisee"
and insert "franchise"
On Page 31, Line 8,
after "or"
insert "a"
On Page 32, Line 26,
after "(c)"
insert "The permit process for "
On Page 32, Line 26,
after "materials"
insert "dealers shall include the following:"
On Page 33, Line 17 strike
"disposal"
And insert
"management"
On Page 38, Line 19 strike
"permit"
And insert
"permitee"
On Page 39, Line 32
after "to"
Insert
"collection"
On Page 40, Line 33
after "All" strike
"franchisee's"
And insert
"franchisees"
On Page 40, Line 33
after "and" strike
"permittee"
And insert
"permittees"
On Page 41, Line 6 strike
"manifest"
And insert
"manifests"
On Page 41, Line 11 strike
"manifest"
And insert
"manifests"
On Page 43, Line 6 strike
"refuse"
And insert
"solid waste"
On Page 44, Line 28
after "condition"
Insert
"by the provider"
On Page 46, Line 24
after "containers"
Insert
"provided by customer"
On Page 46, Line 25
after "condition"
Insert
"by the customer"
On Page 48, Line 22
after "waste"
Insert
","
On Page 48, Line 23 strike
"collection"
On Page 48, Line 24
after "the"
Insert
"hazardous"
On Page 60, Line 13 strike
"matyerials"
And Insert
"materials"
On Page 66, Line 13
after "collector" strike
"hauler"
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
Ms. Annette Star Lustgarten, County Attorney, informed the Board that a signed Stipulated Settlement Agreement between Lake County and the Florida Department of Community Affairs (DCA) has been received. The ordinance before the Board is the remedial ordinance that implements the Stipulated Settlement Agreement. She stated that there were three (3) changes, as follows:
Page I-7, which deals with the 13-20 rule
Page I-77, which references a stormwater ordinance, and the language regarding variance provisions and emergency exemptions has been deleted, at the request of DCA.
Page I-77, language has been added in Policy 1A-1.A, which addresses the densities and intensities in the Green Swamp.
The Chairman opened the public hearing portion of the meeting.
There being no comment, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the Stipulated Settlement Agreement between Lake County and the Florida Department of Community Affairs (DCA), and the Ordinance enacting the Stipulated Settlement Agreement.
Ms. Lustgarten updated the Board on the status of the Administrative Hearing process. She reminded the Board that there are intervenors in the case, which still have standing, until such time they choose to withdraw, or dismiss, their intervention. Ms. Lustgarten stated that this is still a viable administrative process. The County will be providing a status report to the Hearing Officer to update and advise him of the agreement between Lake County and DCA.
ROAD VACATIONS
PETITION NO. 720 - Walter Hawthorne - Tavares Area
Mr. Jim Stivender, Director of Public Services, presented the request to the Board. Mr. Stivender stated that staff has received an easement from the adjacent owners, and the problems have been resolved.
No one present wished to comment on the request.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation Petition No. 720 by Walter Hawthorne, to vacate drainage easement, Venetian Park Subdivision, Sec 25, Twp. 19, Rge. 25, Tavares Area, Commissioner District 3, as advertised, and with it being noted that 7 1/2 feet were dedicated by Mr. Hawthorne, and 2 1/2 feet were dedicated by Mr. and Mrs. Sullivan.
PETITION NO. 722 - Andre Berton - Astor Area
Mr. Jim Stivender, Director of Public Services, presented the request to the Board. Mr. Stivender stated that staff has requested to reserve easements on both sides of the property for drainage purposes, and has received signed drainage easements from both property owners.
No one present wished to comment on the request.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved Road Vacation No. 722 by Andre Berton to vacate part of Mink Road, Sec. 19, Twp. 15, Rge. 28, Astor Area, Commissioner District 4, as advertised, and subject to retaining the easements for the drainage.
PETITION NO. 723 - Thomas and Marilyn Fortune - Leesburg Area
Mr. Jim Stivender, Director of Public Services, presented the request to the Board. Mr. Stivender stated that no letters were received in favor, or opposition, to the request, or regarding utilities.
No one present wished to comment on the request.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition No. 723 by Thomas and Marilyn Fortune to vacate easement, Sec. 30, Twp. 19, Rge. 24, Leesburg Area, Commissioner District 1, as advertised.
PETITION NO. 724 - David Warren - Clermont Area
Mr. Jim Stivender, Director of Public Services, presented the request to the Board. Mr. Stivender stated that the area is on Lakeshore Drive between Clermont and U.S. Highway 27. He further stated that the indicated area would be vacated and replaced with a private easement for ingress and egress for the adjacent owners to the south. Mr. Stivender presented the Board with another map, in order for clarification to be made as to the plans for the ingress and egress. It was noted that private easements have been received and will be recorded.
No one present wished to comment on the request.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation Petition No. 724 by David Warren to vacate roadway, Plat of Lancaster Beach, Sec. 8, Twp. 23, Rge. 26, nearest town: Clermont, Commissioner District 2, as advertised, and subject to the recording of the private easements.
PETITION NO. 725 - Robert Thornburg - Umatilla Area
Mr. Jim Stivender, Director of Public Services, presented the request to the Board. Mr. Stivender stated that no letters were received in favor, or opposition, to the request. Mr. Stivender further stated that the petition had been doubled, because of half rights-of-way originally being vacated where the property lines run. It was noted that staff is reserving right-of-way for State Road 19 on the east side, and right-of-way for Maxwell Road on the north side.
No one present wished to comment on the request.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation No. 725 by Robert Thornburg to vacate streets, Glendale Subdivision, Sec. 12, Twp. 18, Rge. 26, Umatilla Area, Commissioner District 5, as advertised.
PETITION NO. 726 - Katherine McCormick - Mt. Dora Area
Mr. Jim Stivender, Director of Public Services, presented the request to the Board. Mr. Stivender stated that the petitioner is requesting a postponement for 30 days, due to financial arrangements that need to be addressed.
No one present wished to comment on the request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone for 30 days, until September 28, 1993, at 9:00 a.m., or as soon thereafter as possible, Road Vacation Petition No. 726 by Katherine McCormick to vacate road, Roosevelt Drive, Highland Park Estates, Sec. 28, Twp. 19, Rge. 27, Mt. Dora Area, Commissioner District 4.
COUNTY MANAGER'S CONSENT AGENDA
COMMUNITY SERVICES/PRIVATE INDUSTRY COUNCIL
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to appoint Dr. Tom Sanders, Superintendent of Lake County Schools, and to re-appoint Ms. Linda Every, private sector, to serve terms of office on the Volusia, Lake, Flagler Private Industry Council Board of Directors.
REZONING
The following staff members were administered the oath by the Deputy Clerk: Mr. Greg Stubbs, Coordinator, One Stop Permitting Center; Mr. Mark Knight, Chief Planner, Planning Division; Mr. John Brock, Senior Director, Department of Planning and Development Services; and Mr. Jim Barker, Director of Environmental Management.
PETITION CUP#93/7/2-4 CUP in A Lillian Lappe
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. It was noted that the request was consistent with rural. Mr. Stubbs referred to Page 5 C. Setbacks, in the CUP, and stated that the cemetery rules under the CUP standards is five (5) feet, and the twenty-five (25) feet needed to be deleted and replaced with this correction.
No one present wished to speak in opposition to the request.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), for a cemetery, and including the correction made to Page 5 C. Setbacks, in the CUP to reflect five (5) feet instead of twenty-five (25) feet, and the applicant dedicating additional right-of-way to provide for 50 feet from the centerline of County Road 42, as requested by staff.
PETITION #49-93-3 R-1-7 to RM Charles and Glenda Cook
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board.
No one present wished to speak in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-7 (Urban Residential) to RM (Mobile Home Residential), for the placement of a mobile home, and including the applicant dedicating additional right-of-way to provide for 33 feet from the centerline of Lake Dora Circle, as requested by staff.
PETITION #46-93-3 Amend CP Ord. #19-86
Omer A. and Margaret Schrock
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs stated that letters of concern have been received from the City of Tavares, and the City of Eustis. It was noted that mini-warehouses will remain in the CP Ordinance.
Mr. Glen Tyre was present in behalf of the applicant.
No one present wished to speak in opposition to the request.
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 the request to amend CP Ordinance #19-86, to delete the existing uses of a rental car agency and office for the addition of medical office buildings, and including the applicant dedicating a cross access easement, or right-of-way, to provide for a frontage road along U.S. 441, as requested by staff.
PETITION #51-93-3 A to R-2 Ron Bischoff
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board.
No one present wished to speak in opposition to the request.
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 the request for rezoning from A (Agricultural) to R-2 (Estate Residential), for the development of a single-family residence, and including the applicant dedicating additional right-of-way to provide for 33 feet from the centerline of Bloomfield Avenue, as requested by staff.
PETITION #50-93-2 A to CFD Brooke P. Bosserman
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board.
Ms. Edwina Virginia Roane, representing the applicant, appeared before the Board, and the Deputy Clerk administered the oath.
Commr. Bailey stated that he would like to request a 30 day postponement, in order to allow all parties time to resolve the problems that exist on several issues.
Ms. Roane stated that she had no problem with the request for postponement. Ms. Roane explained the process she used in obtaining the necessary names of individuals to be notified of the request for rezoning.
It was noted that an individual was present in the audience, who was in opposition to the request, but wished to withhold comment at this time.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone for 30 days, until September 28, 1993, at 9:00 a.m., or as soon thereafter as possible, the request for rezoning from A (Agricultural) to CFD (Community Facility District), for the construction of a church.
PETITION #48-93-5 A to CFD Mount Zion Baptist Church
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board.
No one present wished to speak in opposition to the request.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CFD (Community Facility District), to add a fellowship hall to an existing church, and including the applicant dedicating additional right-of-way to provide for 50 feet from the centerline of County Road 44, as requested by staff.
PETITION CUP#93/7/3-2 CUP in A Homer Spivey, Debra Sasser
and Mary Highnote
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board.
Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board to discuss the request. Ms. Bonifay referred to Page 2 of the Planning and Zoning Commission minutes, which contained the following: "These amendments include the deletion of the Rural Village policies, waiver of the surety bond requirement, the requirement that staff will ensure adequate fire protection is being provided for the site, and the concurrency management review will be a de minimis review."
After some discussion, it was noted that the Board had determined that there was no requirement for a surety bond, and that this had once been a policy established by the Board. Therefore, no surety bond would be required for such cases.
Ms. Bonifay discussed the applicant being responsible for obtaining written confirmation that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. She believes that staff, as part of the motion, (as indicated above from the P & Z minutes), feels that fire protection is being provided, and staff would provide some type of statement, or assurance to the effect. She referred to Page 3. C., and stated that the concurrency management review will be a de minimis review, as indicated also in the P & Z minutes.
Mr. Stubbs clarified that the Adequacy of Fire Protection, on Page 3, D., is a condition out of the Land Development Regulations for all CUPs.
After some discussion, Commr. Swartz suggested that staff, in working with the applicant, insure that the necessary letters are obtained by the applicant and reviewed, as presently required by the County.
No one present wished to speak in opposition to the request.
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 the request for CUP in A (Agricultural), for the placement of a mobile home on site for the care of the infirm, as amended and conditioned, including the applicant dedicating additional right-of-way to provide for 33 feet from the centerline of Trousdale Road and 33 feet from the centerline of 3 RD Ave, as requested by staff.
PETITION #47-93-2 RE to CP Joan H. Willhide
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs stated that there were no letters in favor, or opposition, to the request, but that there was opposition at the Planning and Zoning Commission meeting.
Ms. Diane Deckinger, purchaser of the property, appeared before the Board, and the Deputy Clerk administered the oath. At this time, Mr. Stubbs presented the Board with additional information for review, and stated that he would like the Board to limit the size of any type of sign.
Commr. Swartz stated that he would like staff to consider, through the next Land Development Regulation revision, whether or not there might be a more appropriate classification than CP (Planned Commercial), for bed and breakfast requests.
Mr. John Heist, adjacent property owner, appeared before the Board, and the Deputy Clerk administered the oath. Mr. Heist expressed a concern that the bed and breakfast will not be regulated enough, with his house being next door to the property. He stated that he owns groves, and that his whole world will be changed radically, if the bed and breakfast is approved. Mr. Heist stated that he did not have a problem with the plan being proposed for the bed and breakfast, but he did not feel that a privacy hedge will resolve the problems he anticipates from the noise. He then disucssed his dog alarm. It was noted that Mr. Heist owns the property due south of the property in question.
Questions were asked regarding the grove care done by Mr. Heist, and whether all parties have been made aware of the maintenance process for his groves, in terms of disking and spraying.
Mr. Rolon Reed, Attorney representing the applicant, appeared before the Board, and the Deputy Clerk administered the oath. Mr. Reed explained the past ownership of the home being sold to Ms. Deckinger.
Ms. Deckinger appeared before the Board to respond to the concerns being expressed. Ms. Deckinger explained that the bed and breakfast will provide a relaxed lifestyle, and will consist of beautiful gardens. She further stated that the construction of a wall between the two properties, as suggested by Mr. Heist, would be a detriment to the entire area. She stated that the closing on the house will take place on Friday, and she will spend four (4) months getting the bed and breakfast ready, and that she plans to open it on January 1, 1994.
Commr. Swartz stated that he feels the CP zoning is not appropriate for the site, and questioned other options that may be available to the applicant.
Mr. Stubbs stated that he considered a CUP in agricultural, which was included in the advertising of the request, but stated that this would not meet the acreage criteria. Mr. Stubbs stated that the bed and breakfast is listed in the commercial designation in the Land Development Regulations (LDRs).
Commr. Hanson discussed the possibility of Community Facility District (CFD) zoning, with Mr. Stubbs clarifying that this would be for public, or community, uses. It was noted that Mr. Stubbs had advertised all options of zoning for this request.
Ms. Deckinger discussed the bed and breakfast facilities that have been approved in surrounding cities, and stated that the ones in Mount Dora are downtown in commercial zoning.
Discussion occurred regarding rezoning the property to AR and approving a CUP. Commr. Swartz stated that he would like consideration to be given to AR zoning, with approval of a CUP subject to the conditions before the Board, and to provide for a review by the staff after one (1) year. He further stated that a determination needs to be made as to whether there are any other reasonable conditions that need to be set.
Ms. Pam Myers, Gable Realty, appeared before the Board, and the Deputy Clerk administered the oath. Ms. Myers stated that, after discussion with staff about the best approach to take on this request, time was of the essence. In exploring the LDRs very carefully, the applicant was confident with CP zoning, and the applicant was guided in this direction.
Discussion occurred regarding Ms. Deckinger making her residence at the site, and bed and breakfasts being in keeping with the ambiance of an area.
Mr. Stubbs requested that the sign not exceed four (4) square feet.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission for CP (Planned Commercial) zoning, and approved AR (Agricultural Residential), for a bed and breakfast with residence.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved a CUP with the conditions, as previously outlined for CP zoning, and with the requirement that it be reviewed by staff in one (1) year, and with a sign not to exceed four (4) square feet.
PETITION #45-93-4 Amend PFD Ord. 49-85 Adventist Health
System/Sunbelt Inc.
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs stated that the Technical Review Committee (TRC) has reviewed the submittal requirements, which are required within the Wekiva Protection Area, and a unanimous approval has been received from all departments. It was noted that all requirements have been met, as required by the Lake County Comprehensive Plan, and the Land Development Regulations (LDRs).
Ms. Carol Pooser and Mr. Joe Calabrese, representatives for the applicant, appeared before the Board, and the Deputy Clerk administered the oath. Both individuals indicated that they had no questions regarding the conditions setforth by staff.
No one present wished to speak in opposition to the request.
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 the request to amend PFD Ordinance 49-85, for a camp for children with special health care needs.
PETITION CUP#93/6/5-5 CUP in R-1 George F. Green
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. It was noted that the CUP will be for a two (2) year period only, due to the request being for temporary office use.
Mr. Steve Richey, Attorney representing the applicant, was present to discuss the request.
No one present wished to speak in opposition to the request.
Mr. Richey stated that Mr. George Handlin, Developer of Harbor Hills, was present to answer questions of the Board. At this time, Mr. Richey explained the request.
Mr. Stubbs clarified that no request was being made for agricultural rezoning at this time.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for CUP in R-1 (Rural Residential), for temporary office use, as conditioned and amended: Paragraph D: (add) ..."in addition to any and all other improvements as required by the Director of Public Works". B. (Special Conditions) "A bond in the amount of $5,000.00 shall be posted to ensure removal of the temporary model in 24 months." , and including the applicant dedicating additional right-of-way to provide for 33 feet from the centerline of Griffin View Drive, as requested by staff.
PETITION #39-93-2 A to CP Persaud Gobin & Parshan Sahota
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs stated that staff had recommended denial of the request to rezone from A (Agricultural) to CP (Planned Commercial), and the Board had requested that staff reconsider the request for a CUP in agricultural zoning. Mr. Stubbs stated that staff would like the Board to consider today a CUP in A as a temporary use for a maximum of five (5) years, but that it be reviewed by the Board in three (3) years.
It was noted that the applicants were present in the audience.
No one present wished to speak in opposition to the request.
Commr. Bailey made a motion, which was seconded by Commr. Hanson, to overturn the recommendation of the Planning and Zoning Commission to rezone from A (Agricultural) to CP (Planned Commercial), as amended, for retail sales of new homes, and to approve a CUP in A (Agricultural) for five (5) years, with a review in three (3) years, with the conditions outlined on Page 6 by staff.
Under discussion, questions were asked of staff relating to the process that will be used for the three year review.
Commr. Gerber expressed her concern with the Board being able to pull a CUP after a three year period, if found necessary.
Commr. Swartz stated that he could not vote in favor of the staff recommendation, because it will still be commercial zoning and inconsistent.
The Chairman called for a vote on the motion, which was carried by a 3-2 vote. Commr. Gerber and Commr. Swartz voted "no".
PETITION CUP#93/7/1-2 R-1-7 + CUP#859-3
Charles Bradshaw, Jr.
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board.
Mr. Jim Barker, Director of Environmental Management, verified that all conditions for asphalt plants have been included.
No one present wished to speak in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for an amendment of R-1-7 + CUP#859-3, as conditioned, to delete land for use of a temporary asphalt plant with the additional condition of a 12-month time limitation on the plant beginning with the issuance of a permit, and including the applicant dedicating additional right-of-way to provide for 33 feet from the centerline of North Bradshaw Road, as requested by staff.
RECESS & REASSEMBLY
At 8:00 p.m., the Chairman announced that the Board would take a 15 minute recess.
REZONING - (CONT.)
Commr. Swartz stated that the balance of cases to be heard involved four (4) Land Use Plan Amendment (LUPA) requests. He stated that the Board had discussed making a decision to postpone consideration of the cases, so that other issues could be considered at a later transmittal hearing. The County Attorney had been requested to review this issue and report to the Board.
Ms. Annette Star Lustgarten, County Attorney, referred to a memorandum which setforth the requirements of Chapter 163, including the review process that is required. A schedule was attached with a timetable, which was prepared by the Department of Planning and Development. Ms. Lustgarten stated that the schedule sets out the minimum time requirements that would permit the County to continue with its second batch of amendments, and still meet the deadline of complying with this years second batch of amendments, which must be adopted by the end of December, 1993, and assuming that all of the applications are considered complete, and there is no delay. She informed the Board that it has the ability to hear those matters before them tonight, and to continue the transmittal hearing to September 14, 1993, at which time the Board could hear any additional amendments that the Board may wish to consider. At that point in time, the transmittal would take place, with all amendments being transferred in one batch.
Commr. Bailey questioned the proposed amendment to Policy 1-12A.3 concerning aggregation of lots of record, and whether this amendment would fit into the time schedule before the Board today, and whether it would delay, in any way, any of the other amendments. Ms. Lustgarten stated that the other amendments would be delayed one month as well, but they will all be in the same batch, and transmitted to the Department of Community Affairs (DCA). It was noted that, if one of the amendments was found to be incomplete in the package by DCA, it would delay all of the others.
After further discussion, Ms. Lustgarten explained that, if DCA finds that one amendment did not have sufficient information, it would hold the entire package until the County submits completed information. It was noted that this was the procedure that was used for the first transmittal of amendments to DCA.
Mr. Wahl indicated that he had a different understanding of the procedures being presented by DCA.
Mr. Mark Knight, Chief Planner, Planning Division, addressed the process used by DCA when receiving the package of amendments from the County. Mr. Knight stated that, when DCA receives the package, it goes to a completeness team for a review check of information. If the package is complete, it then goes forth for review, with certain portions of the amendments being adopted, without going through and adopting all of the amendments. It was noted that, if there was a delay, it would take place in the completeness check portion of the review.
Discussion occurred regarding the pulling of one amendment from the package, so that it does not delay the package. Ms. Lustgarten stated that the Board could convene and determine whether the Board wished to withdraw that particular amendment. Commr. Bailey expressed his concerns with the information being provided, in relation to a possible delay in the entire package.
Ms. Cecelia Bonifay, Attorney, appeared before the Board and stated that she is involved in two of the cases before the Board, at this time. Ms. Bonifay informed the Board that a number of individuals are present on behalf of Mr. J. D. Eggebrecht, LUPA#93/7/4-2.
Commr. Swartz clarified that the cases being represented by Ms. Bonifay, along with the other cases listed on the agenda, will be heard tonight, and that he will not support the delay of the transmittal.
Ms. Bonifay stated that Mr. Eggebrecht was prepared to defer the hearing on his case, with the understanding that the Board would not be having a transmittal hearing tonight, and would not be hearing his case. However, he came with all of his information, and with the people who are in support of his request.
Ms. Bonifay referred to LUPA#93/5/1-2 - Charles Bradshaw, Map Amendment and Text Amendment, Lake County Comprehensive Plan, and stated that this is not a raceplex amendment. She further stated that the raceplex would not be opposing the request, but for the record, the raceplex people are very tired of the fact that they keep getting different interpretations, and they are being subjected to hearings. Ms. Bonifay stated that, in talking with DCA last week, it was her understanding that they would get a package of amendments, and that one of them, could in fact, be removed, or one could be slowed down, or speeded up. She then discussed the conflicting information being presented to the public. Ms. Bonifay discussed her contact with the County Attorney, and her request for the statutory basis on which these hearings were bifurcated. She further stated that the reason this was on the agenda was because Ms. Lustgarten had determined that this was a countywide amendment, but which was not what the raceplex wanted to do, and that Ms. Lustgarten was informed of this by DCA staff. Ms. Bonifay stated that she requested from Ms. Lustgarten the legal basis for this determination, and the name of the person at DCA, and 30 days later she still had no response. She stated that she had no consultants present tonight, but would cross-examine County staff, if the Board proceeded with the request tonight, but she did not have a case to present.
Commr. Cadwell stated that he had intended on asking the applicants in the Eggebrecht and Karr cases to postpone their requests until the January, 1994 transmittal. He had stressed all along that he does not want to transmit anything other than those things that absolutely need to be transferred, and those which the Board is already committed to.
Mr. Steve Richey, Attorney representing Mr. John Whitaker, appeared before the Board to discuss aggregation. He stated that Mr. Whitaker is affected by the LUPA, which involves a County LUPA in the Eustis area. He further stated that he is going to have a problem with it being contingent, if the County is attempting to deal with the aggregation dates, in regards to vested rights determination in the LDRs. Mr. Richey stated that he is representing LUPA 93/7/2-2, Thomas Karr, and is considering a continuance of the request. He stated that he has been in touch with DCA regarding the LUPA, and with the representatives for the Green Swamp, and he is prepared to request a continuance of this LUPA, until the first transmittal hearing in 1994, which will allow him the opportunity to work through some of the problems. Mr. Richey stated that, on behalf of Mr. Whitaker, he does not have a problem with continuing the transmittal hearing to allow for consideration of the aggregation rules, and on behalf of LUPA for Mr. Karr, he would ask the Board to respectively continue that hearing to the first transmittal hearing in 1994, and with the necessary readvertising.
Mr. Greg Beliveau, Land Planning Group, appeared before the Board, and stated that he represents several municipalities who are preparing Land Use Plan Amendments. Mr. Beliveau stated that, after consulting with DCA representatives, he had the same view as Mr. Wahl and Ms. Bonifay, when asking DCA about whether it is possible to remove certain applications. He was advised that there was a consistency evaluation to make sure that everything was complete, and that there could be opportunities to have some applications pulled, with the others being reviewed separately.
He then discussed the applications that have been sent to DCA from one of the cities, and the process being used by DCA in reviewing them.
Ms. Bonifay appeared before the Board and stated that, since Mr. Eggebrecht was prepared to continue his request, she would make the same request for a continuance of LUPA#93/7/4-2, as Mr. Richey did in behalf of Mr. Thomas Karr, since both cases involve high density areas and a lot of suburban land use, and have the same problems with the issues that surround suburban with timeliness. The continuance would be to the first transmittal hearing in 1994, for the first set of Comprehensive Plan Amendments, and with no additional filing fees be paid.
Mr. Alton Roane, Director of Development Services, City of Eustis, appeared before the Board and stated that he would like to see the Board move expediously forward with the amendments, because they have caused a number of problems with the City of Eustis in its development patterns that are being projected in its Comprehensive Plan. He stated that the amendments being brought forth have not satisfied 100% of the City's concerns, but the City is confident that its immediate problems will be resolved, in a large part, with the amendments. Mr. Roane explained that the City will continue to support the Board, if it feels the postponement is needed, but in hopes that it will not alter the two years work that has been accomplished.
PETITION LUPA#93/7/2-2 Thomas J. Karr
At 8:37 p.m., the Chairman opened the public hearing, in regards to LUPA#93/7/2-2 - Thomas Karr.
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and requested a continuance of the case, until the first Comprehensive Plan Amendment transmittal hearing in 1994.
No one present wished to appear in opposition to the request for postponement.
There being no further public comment, Commr. Swartz closed the public hearing portion of the meeting.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone a request for a Land Use Plan Amendment to change the land use designation from Rural Conservation (GSACSC) (1 du/10 acre) to Rdge (4 du/acre), for single family residential housing development, until the first Comprehensive Plan Amendment transmittal hearing in 1994.
PETITION LUPA#93/7/4-2 J. D. Eggebrecht
The Chairman opened the public hearing, in regards to LUPA#93/7/4-2 - J. D. Eggebrecht.
Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and requested a continuance of the case until the first Comprehensive Plan Amendment transmittal hearing in 1994, with no new fees, or applicantion being filed, but reserving the right to work with staff to supply additional information between now and then to help with the staff recommendation.
No one present wished to speak in opposition to the request for postponement.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone a request for Map Amendment for Planned Mixed Use development in the Suburban Land use classification (Policy 1-1A.2) Future Land Use Element, for a mixed use planned unit development, until the first Comprehensive Plan Amendment transmittal hearing in 1994.
Commr. Bailey referred to the information provided by the County Attorney regarding a potential Amendment to Policy 1-12A.3 Concerning Aggregation of Lots of Record, and he encouraged the Board to approve and adopt this language.
Ms. Lustgarten explained that, if the Board chooses to add an additional amendment, it would defer until September 14, 1993, the transmittal hearing, with it going into the amendment package.
Commr. Hanson stated that, in the interest of good planning, even though this is a variance, the provision is definitely needed for the small property owner.
Commr. Swartz commented that he did not feel there was any certainty, no matter what answer anybody got from DCA, that when DCA receives this package, if it is not considered absolutely complete, that it may not delay any of these. Pushing this back into a 1994 situation, he did not feel the Board could go into this without realizing that is a possibility. Commr. Swartz further stated that, if it is the intent of the Board to adopt what has been considered today, he did not feel that the result will be in helping the people the Board members are trying to help, but will result in being able to say that they tried to help. He stated that he feels the Board should re-evaluate suburban, and possibly other areas, in order to put development opportunities on the map in the areas where it is occurring today, and should have probably put on the map to begin with, so that those people that have those lots of record in those areas will be consistent with the Comprehensive Plan, and therefore, will have development opportunity rather than trying to find a variance, or a waiver, when the real answer is to reallocate the land use designations where needed, particularly in suburban. He feels the Board is going to delay the whole process rather then helping the people.
Commr. Cadwell stated that, if the Board can get some assurance that the proposed amendment to Policy 1-12A.3 is going to delay the Eustis and the County's text amendments to DCA, he will support it. He further stated that, in the mean time, he would like a determination made by DCA indicating that, if this portion is a problem, it can be pulled and will not delay the other two any further than what the Board is delaying them tonight.
Commr. Swartz suggested that the Board make a determination on the cases before them tonight, and postpone the transmittal hearing until some date in the future, at which time the Board will have an opinion from DCA, and at that time, if the Board decides to add additional information, the delay will be only the number of days between now and then.
Ms. Lustgarten stated that she will have some direction from DCA by Thursday, August 26, 1993.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to hear the remaining two LUPA cases, which are part of the County's proposed plan amendments, and then having heard those, defer the transmittal hearing until some time on Thursday, August 26, 1993, at which time the Board will have additional information to decide whether to transmit as of Thursday, as soon as possible, or go through a schedule that is necessary to hear further amendments.
PETITION LUPA#93/7/3-3/4/5 Lake County Board of County
Commissioners
Mr. Mark Knight, Chief Planner, Planning Department, appeared before the Board and stated that staff has been working with the City of Eustis on the East Crooked Lake and West Crooked Lake areas, which will go from urban to suburban land use designation. The other area is east of the City on State Road 44 northeast to Lake Joanna, and is the adopted future land use of suburban, and the City is requesting that it go to urban expansion land use designation. The last area is north of the City west of State Road 19, the adopted future land use is urban expansion and rural, and the City is requesting suburban and rural (east 1/2 being suburban, and west 1/2 being rural). The Planning and Zoning Commission was in the process of making a recommendation of approval for the Comprehensive Plan Amendments, however, in the recommendation, the timeliness factor would be eliminated from the suburban land use designation when amending anything to go to a suburban land use designation, and that there would be some sort of workshop on the timeliness factor of the suburban land use designation.
Mr. Alton Roane, Director of Development Services, City of Eustis, appeared before the Board, and the Deputy Clerk administered the oath. Mr. Roane stated that the City has worked with the County staff for the last two years in trying to get the County amendments constructed, and while they do not 100% address all the items and issues that the City has between the City plan and the County's plan, the City supports the changes.
There being no further comment, Commr. Swartz closed the public hearing portion of the meeting.
Commr. Swartz requested that staff, and the Board, agree to make sure that, in the transmittal, the appropriate sections of the Comprehensive Plan that deal with the County's provision of the other necessary services that are required in a transmittal, be provided as a part of the transmittal.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request for Land Use Plan Amendment from Urban to Suburban on property in East Crooked Lake and West Crooked Lake area; from Suburban to Urban Expansion east along SR 44 to CR 44B; and Urban Expansion and Rural to Suburban North of the City on E 1/2 and Rural on W 1/2.
PETITION LUPA#93/5/1-2 Charles Bradshaw
Mr. Greg Stubbs, Coordinator, One Stop Permitting, presented the request to the Board. Mr. Stubbs stated that the Board had directed staff to include this in one of the twice-a-year amendments, because it is a Text Amendment, which will affect more than this one piece of property. It is adding commercial uses to employment centers to be permitted, and it eliminates height restriction on properties.
Ms. June Noblitt appeared before the Board, and the Deputy Clerk administered the oath.
Commr. Swartz explained the process that the Board will be taking on Thursday, August 26, 1993, at 1:30 p.m., in regards to the cases being heard at this time.
Ms. Cecelia Bonifay, Attorney, appeared in behalf of a number of clients who have employment center classifications and are in favor of the changes, and stated that she feels the County is trying to get mixed centers for industrial, manufacturing and commercial, and in order to do this, the Board needs flexibility to have people come in and do plan use developments. At this time, Ms. Bonifay requested the most flexibility possible regarding this issue.
There being no further public comment, Commr. Swartz closed the public hearing portion of the meeting.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for an amendment to the Future Land Use Element Policy 1-1.13(3) and 1-1.15(5) of the Lake County Comprehensive Plan.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the transmittal hearing until Thursday, August 26, 1993, at 1:30 p.m., or as soon thereafter as possible.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to encumber funds for Change Order to GTE, in the amount of $16,360.00
BUDGETS/MEETINGS
Commr. Swartz informed the Board that a Budget Workshop has been scheduled for Thursday, September 2, 1993, at 9:00 a.m.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 9:09 p.m.
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR\BOARDMIN\8-24-93\8-30-93