A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 26, 1994

The Lake County Board of County Commissioners met in regular session on Tuesday, July 26, 1994, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Don Bailey. Others present were: Tim Hoban, Senior Assistant County Attorney; Pete Wahl, County Manager, Ava Kronz, BCC Office Manager; and Marlene S. Foran, Deputy Clerk.

Pastor Bentley Hogan, Pine Lakes First Baptist Church, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Pete Wahl informed the Board that staff has been in discussion with the Department of Community Affairs relative to Tab 1, the First Amendment to the Comprehensive Plan for 1994, and the items that are incorporated into said amendment that relate particularly to septic tank rules and regulations. Mr. Charles Paterson, Department of Community Affairs (DCA), has requested that the Board consider a postponement until August 16, 1994 for the adoption hearing. He stated that representatives from the Department of Community Affairs will be in Lake County during the week of August 1, 1994 to discuss with staff the application and installation process overseen by the State of Florida. Mr. Wahl requested that the Board postponement the adoption hearing on the First Amendment to the Comprehensive Plan for 1994 until August 16, 1994.

At this time, Commr. Hanson called for public comment on the continuance of the Adoption Hearing on the First Amendment to the Comprehensive Plan for 1994.

Ms. Dorothy Shipes, a resident of Lake Jem, appeared before the Board and express her concern with postponing the adoption hearing this date on the First Amendment to the Comprehensive Plan. She addressed the issue in regard to the rural village of Lake Jem and stated that the residents of Lake Jem have waited a long time on the conclusion of this issue. She requested that the Board hear the section of the First Amendment that pertains to the rural village at this time.

Mr. Tim Hoban, Senior Assistant County Attorney, stated that the rural village was one of the issues that DCA had expressed concern with, however, stated that staff does have an answer to their concern.

Mr. Steven Richey, Attorney, representing a number of clients, appeared before the Board and stated that, on behalf of his clients, he had no objection to the postponement of the adoption hearing until August 16, 1994.

Mr. Mark Knight, Senior Planner, Planning and Development Services, discussed the timetable for the adoption hearing on the transmittal of the Second Amendment to the Comprehensive Plan for 1994.

Commr. Bailey suggested that the concerns and frustrations of the public be expressed to the Department of Community Affairs.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to postpone Tab 1, the Adoption Hearing on the First Amendment to the Comprehensive Plan for 1994 until August 16, 1994, at 9:00 a.m. or as soon thereafter.

Discussion occurred regarding the postponement of the Transmittal Hearing on the Second Amendment to the Comprehensive Plan for 1994 until August 2, 1994.

Mr. Richey reappeared before the Board and stated that, on behalf of his clients, he had no objection to the postponement of the Transmittal Hearing on the Second Amendment to the Comprehensive Plan for 1994, with the understanding that the County would be able to meet the timetables for 1994. He stated that, for the record, he would not be present on August 2, 1994 for said hearing.

Ms. Cecelia Bonifay, Attorney, appeared before the Board and stated that, on behalf of her clients, she had no objection to the postponement of the Transmittal Hearing on the Second Amendment to the Comprehensive Plan for 1994.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request to postpone Tab 2, the Transmittal Hearing on the Second Amendment to the Comprehensive Plan for 1994 until August 2, 1994, at 9:00 a.m. or as soon thereafter.

At this time, Commr. Hanson introduced Representative Ron Saunders, House of Representatives, who was present in the audience.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PUBLIC HEARINGS - ROAD CLOSINGS

PETITION NO. 761 - JOHN AND MARY PRIEBE & JEFFREY DOWMAN

SOUTH CLERMONT AREA

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present this request. He noted that there have been no letters received in objection or in favor of this request.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Mr. Jay VanDermeer, representing the applicant, appeared before the Board and stated that the easement in question was located between two houses and could pose a problem in the future. He stated that there was access to Lake Crescent on the forty acre County park located on Crooked River.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Road Vacation Petition No. 761 by John and Mary Priebe, and Jeffrey Dowman to vacate road, Clermont Farms, Section 11, Township 23, Range 25, South Clermont Area - Commissioner District 2.

PETITION NO. 762 - JAMES P. PANICO/REVEST II, INC. -

MT. PLYMOUTH AREA

Mr. Jim Stivender, Director of Public Services, appeared before the Board to discuss this request.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that a representative of the applicant was present in the audience.

There being no one present who wished to discuss this issue, the public hearing portion was closed.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Road Vacation Petition No. 762 by James P. Panico, President, Revest II, Inc. to vacate right-of-way, Section 32, Township 19, Range 28, Mount Plymouth area - Commissioner District 4.

ZONING

At this time, the oath was administered by the Deputy Clerk to Mr. Greg Stubbs, Director of Development Regulations Services Division; Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services; Mr. Chuck Pula, Recreation Coordinator; Mr. James Barker, Director of Environmental Management; Mr. Jim Stivender, Director of Public Services; Mr. Don Griffey, Director of Engineering, Public Services; Mr. Craig Willis, Alternative Transportation Specialist; Ms. Sharon Farrell, Planner III, Office of Development Regulations Services; and Mr. Gary Muller, Planner I, Office of Development Regulations Services.

At this time, Mr. Stubbs noted that a packet of additional information pertaining to the zoning cases this date had been distributed to the Board prior to the start of the meeting. Mr. Stubbs briefly reviewed the additional information by tab number.

POSTPONEMENTS

PETITION NO. 24-94-4 A TO CFD HARVEST INSPIRATION MINISTRIES, INC.

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request and stated that the applicant was requesting a thirty (30) day continuance of Petition No. 24-94-4. At this time, Commr. Hanson opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to postpone a request for rezoning from A (Agricultural) to CFD (Community Facility District) for 30 days, for construction of a chapel and fellowship hall with accessory related uses such as classrooms, warehouse/storage, caretaker's residence, parsonage and community service center.

PETITION NO. 25-94-3 R-6 + CUP#498-1(A) & B TO CFD

CHURCH OF GOD, INC.

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request and stated that the applicant was requesting a thirty (30) day continuance of Petition No. 25-94-3. He stated that staff was also requesting a thirty (30) day continuance.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

Ms. Cecelia Bonifay, Attorney, representing the Church of God, Inc., Anderson, Indiana, appeared before the Board and stated that, due to many articles and misconception as to what the applicant was proposing, the applicant was requesting a thirty (30) day continuance to discuss this issue with County staff.

Mr. Donald Braksick, a resident of Leesburg, appeared before the Board to present a petition in opposition to this request.

No one present wished to speak in opposition to this request.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Swartz requested that staff provide additional clarification to the existing uses, the proposed uses, and the specific need for said uses in regard to this request for rezoning.

Commr. Cadwell and Commr. Hanson noted, for the record, that Mr. David Reed had contacted them, and the conversation was terminated when it became apparent that he was calling in regard to a site specific case.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone a request for rezoning R-6 (Urban Residential) + CUP#498-1(A) and (B) to CFD (Community Facility District) for thirty (30) days until September 27, 1994, for the addition of a youth camp and educational facility to the existing uses approved under CUP#498-1, CUP#498A-1 and CUP#498B-1.

PETITION NO. 23-94-2 A + CUP#592-2 HARVEY D. ERP

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request and stated that the applicant was requesting a sixty (60) day continuance of Petition No. 23-94-2.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone a request for an amendment of A (Agricultural) + CUP#592-2 for sixty (60) days until October 25, 1994, to delete land and rezone from A (Agricultural) to CP (Planned Commercial), for a Monopole Billboard Site.

PETITION NO. 19-94-2 R-6 TO CFD LAKE COUNTY BOARD OF COUNTY

COMMISSIONERS

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request and stated that staff, on behalf of the Lake County Board of County Commissioners, was requesting a sixty (60) day continuance of Petition No. 46-94-2.

Mr. Pete Wahl, County Manager, recommended that the Board direct staff to request that the Clermont Chamber of Commerce and area residents attempt to identify an alternate location for the proposed County park during the next sixty (60) days. He stated that staff has reviewed this issue and has been unable to identified alternate locations, which has been one of the issues of contention.

Commr. Bailey suggested that the request to identify alternate locations for the proposed County park be expanded beyond the Clermont Chamber of Commerce and the area residents.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

Mr. Chuck Pula, Recreation Coordinator, appeared before the Board to discuss this request. He stated that staff has requested that the Chamber of Commerce provide alternate locations for the proposed County park and noted that staff has had discussions with the Water Authority and with the Parks Service regarding the site of Lake Louisa as a possible location.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to postpone a request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for sixty (60) days; and to direct staff to contact the Clermont Chamber of Commerce, area residents, and other appropriate groups in regard to additional proposed alternate locations for the development of a County park to include boat ramp, parking lot, picnic and playground area, rest room facilities, trails, and walkways.

PETITION NO. 28-94-2 RMRP TO A KENNETH D. WELLS

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request and noted that the property in question was located within a designated Rails to Tails Corridor and shall be subject to the provisions set forth in the Lake County Land Development Regulations.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Ms. Melva McDonald, representing Mr. Kenneth D. Wells, appeared before the Board, at which time the oat was administered by the Deputy Clerk. She discussed the Rails to Trails Corridor issue and stated that the railroad follows County Road 561A and would not be touching the property in question. She questioned why Mr. Wells was being required to provide right-of-way.

Mr. Craig Willis, Alternative Transportation Specialist, appeared before the Board and stated that there was a discrepancy in the legal description versus the survey, dated 1977. He noted that the corridor was on the southeast side of Jack Underwood Road and touches the corner of the property in question.

There being no further public comment, the public hearing portion of the meeting was closed.

Mr. Tim Hoban, Senior Assistant County Attorney, noted that the zoning request includes a condition that the applicant shall dedicate additional right-of-way to provide for thirty-three (33) feet from the centerline of Jack Underwood Road.

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 a request for rezoning from RMRP (Residential Mobile Home Rental Park) to A (Agricultural), for the construction of a single-family residence -Resolution No. 1994-148.

PETITION NO. 26-94-2 A & R-1 TO R-4 JOHN R. & DOROTHY MCPHERSON

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request. He stated that the portion of the site within the Rural Conservation Land Use Category shall remain in Agricultural to be consistent with the Lake County Comprehensive Plan, and that the staff recommendation was for approval of the rezoning in accordance with the conditions incorporated into the resolution. He explained that the subject property was located in the Green Swamp Area of Critical State Concern and consist of 100 acres in the South Lake County area, located on the west side of Highway 27. He further explained that it was the recommendation of staff that the portion of the site within the Rural Conservation Land Use Category remain A (Agricultural) and the portion of the site within the Ridge Land Use Category be rezoned to R-4 (Medium Residential). He noted that the Planning and Zoning Commission has recommend approval of this request to R-4 (Medium Residential) and A (Agricultural).

Discussion occurred regarding the Developer's Agreement between Lake County and the applicant.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Ms. Cecelia Bonifay, Attorney, representing John and Dorothy McPherson, appeared before the Board and noted that Mr. Rex McPherson was present in the audience. She explained that the parcel in question was a former grove with a portion of said parcel under the Lake County Comprehensive Plan and Ridge Land Use Category, and the back portion wetlands and rural conservation. She stated that 100 acres of said parcel could be developed for residential purposes, and that the applicant has proceeded with straight development on the ridge portion for a subdivision. She further explained that the back portion would be rezoned to Agricultural and placed in a conservation easement that would be granted to Lake County and applied as open space. She stated that the total parcel was 185 acres with 85 acres being wetland and 100 acres being available for development.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) and R-1 (Rural Residential) to R-4 (Medium Residential) and A (Agricultural), for single family residential homesites - Resolution No. 1994-149.

PETITION NO. 27-94-5 R-1 TO CFD LISA F. SCHUTZ/SOUTHERN STATES UTILITIES,INC.

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request and stated that the Planning and Zoning Commission has recommended approval of the request for rezoning from R-1 (Rural Residential) to CFD (Community Facility District).

At this time, Commr. Hanson opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that the applicant was present in the audience.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

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 a request for rezoning from R-1 (Rural Residential) to CFD (Community Facility District), for a utility site - Resolution No. 1994-150.

PETITION NO. 21-94-4 R-8 TO CP WITH C-2 USES RAYMOND WITHERSTINE

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request. Mr. Stubbs stated that the resolution has been amended to include conditions that limit this rezoning to a CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) uses only, and to limit it to 5,000 square feet and access to Orange Street only. He stated that staff recommends approval from R-8 (Mixed Residential) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) uses. He explained that the applicant's purpose was to utilize the home for an office in conjunction with the business, and to operate an auto repair business from the garage. He stated that staff has determined that the auto repair business would not be consistent with C-1 (Rural or Tourist Commercial) zoning, but would be consistent with C-2 (Community Commercial); however, the locational criteria would not permit commercial at this location. He stated that the Planning and Zoning Commission has recommended approval to CP (Planned Commercial) with C-2 (Community Commercial) uses. He explained that this request had gone before the Planning and Zoning Commission, and staff has changed its position based upon numerous discussions with the County Attorney's office on the locational criteria and what applies in this area outside of the Wekiva River Protection Area. At this time, Mr. Stubbs discussed locational criteria as addressed in the Lake County Comprehensive Plan.

Mr. Tim Hoban, Assistant County Attorney, explained that language in the Comprehensive Plan amendment specifically states that the compact node outside of the Wekiva Protection Area would adhere to the urban policies that apply to all development in urban which, therefore, means that the locational criteria which applies to all urban throughout the entire County must be followed.

At this time, Mr. Stubbs discussed the locational requirements for urban. He stated that it was determined that Orange Street did act as a collector roadway providing access from Wolf Branch Road to State Road 46. He explained that Orange Street was a through street and would meet the locational criteria along a collector roadway; therefore, it was staff's recommendation for approval to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) uses; limiting the intersection not to exceed 5,000 square feet; and provided access to the site was restricted to Orange Street. At this time, Commr. Hanson opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that Mr. Harold Coffman, representing the applicant, was present in the audience.

There being no one wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a request for rezoning from R-8 (Mixed Residential) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) uses, limiting the intersection not to exceed 5,000 square feet, with access to the site restricted to Orange Street, to utilize the home for an office in conjunction with the auto repair business - Resolution No. 1994-151.

PETITION NO. 12-94-4 CP TO R-1 THOMAS & TRAMPAS SHANNON

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request, and noted that said request had been postponed previously due to a request for a Silvacultural Management Plan from the applicant, which has been received. He stated that staff recommends approval to rezone the property to A (Agricultural), and the Planning and Zoning Commission recommends approval to rezone the property to R-1 (Rural Residential) for silvacultural uses.

Mr. Jim Barker, Environmental Management Director, appeared before the Board and provided a brief history of events that have resulted in the request for rezoning this date. He explained that the applicant removed five slash pine trees on a two acre tract, which constituted a violation of the Lake County Land Development Regulations. As a result, the applicant was required to submit a restoration plan to include planting a minimum of fifteen slash pines with a three inch DBH on the two acre tract where the original trees were removed. He stated that the applicant wanted to clear a silvacultural activity that had taken place on a CP (Planned Commercial) zoned parcel, and in order to meet the conditions of the Land Development Regulations, the applicant must rezone the property so that he could continue with an on-going silvacultural activity. At this time, Mr. Barker reviewed the proposed restoration plan to replace the trees on the two (2) acre tract where the original trees were removed and submitted a photograph (County Exhibit A) of the property in question, for the Board's review.

Commr. Hanson opened the public hearing portion of the meeting.

No one wished to speak in opposition to this request.

Mr. Ted Wickes, representing Mr. Thomas Shannon, appeared before the Board, at which time, the oath was administered by the Deputy Clerk. Mr. Wickes discussed the two plans that have been submitted by the Division of Forestry, and explained that the forest management plan was a restoration plan for the two acre parcel. He stated that the remaining fifteen (15) acres was the portion that the applicant has petitioned for rezoning. He stated that the second plan that the Division of Forestry has provided was a silvacultural management plan for the remaining fifteen (15) acres to place it into silvacultural management. He explained that the silvacultural management plan proposes planting 11,000 seedlings on said tract, with appropriate management over a period of time necessary to bring said trees to a harvesting size. He stated that Mr. Shannon was in agreement with the proposed plan and was willing to implement said plan on a schedule provided by the Division of Forestry. He requested that the Board act favorably on the petition to rezone the fifteen acres to R-1 (Rural Residential) so that the applicant could clear the violation and take care of managing the property under the silvacultural plan.

Commr. Swartz stated that his original concern was whether or not silvacultural was going to be a reasonable activity given the location of the surrounding residential.

Commr. Hanson stated that this request was an appropriate use surrounding residential. She stated that the applicant has made every effort to cooperate with staff and to come in compliance with the Land Development Regulations.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approve a request for rezoning from CP (Planned Commercial) to R-1 (Rural Residential), for silvacultural uses - Resolution No. 1994-152.

Commr. Gerber discussed the number of mobile home units located east of the location in question, and the concern with health problems during controlled burns on the parcel in question.

At this time, Mr. Barker presented an aerial map of the property in question (County Exhibit B) for the Board's review.

Commr. Swartz stated that he does not support a silvacultural activity that was essentially surrounded by residential. He stated that he would not support this rezoning request at this time.

The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.

Commr. Swartz and Commr. Gerber voted "No".



RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 10:45 a.m.

PETITION NO. 69-86D-2 AMENDMENT TO PUD ORDINANCE #102-88 JOHN A. PRINGLE

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that this request was for an amendment to the approved PUD Ordinance for the Royal Highlands Development of Regional Impact (DRI). He stated that the amendment this date was with respect to setbacks only in dealing with minimum lot sizes. He stated that staff has performed a review of this request and has determined that the amendments that the applicant was requesting were not substantial in nature. He noted that a revised resolution had been distributed prior to the start of the meeting this date. He further stated that the Planning and Zoning Commission recommends approval as amended, and approval of the requested variances with the exception of No. 1.

Mr. Stubbs presented the amendments to the existing PUD/DRI, as follows:

(2) to allow setbacks for single family residences to be: 15 feet on front, 5 feet on side, and 15 feet on rear and corner lot side setbacks; the distance between structures from 20 feet to 10 feet;



(3) to reduce the minimum lot size from 5,000 square feet to 3,600 square feet for attached single family duplexes and for all other detached single family units to have a minimum lot size of 4,400 square feet;



(4) to allow setbacks from the centerline of major roads from 62 feet to 55 feet;



(5) Boundary setbacks to be 25 feet unless adjacent property owned by developer then the setbacks shall be 25 feet from adjacent commercial uses, 10 feet from adjacent residential uses, and zero (O') feet from adjacent open space tracts.



(6) The Developer intends to accommodate bicycle travel with a 8 foot bikeway and sidewalk along one (1) side of all internal collector roadways.



Mr. Stubbs stated that currently the developer was under review by Planning and Development Services for an amendment to add additional lands to the existing project which would accommodate similar development.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

Mr. Steven Richey, Attorney, representing the applicant, appeared before the Board and explained that the applicant was proposing to adjust the building criteria in the original Planned Unit Development (PUD) to accommodate the conventional construction that Pringle Development Company was currently building in Highland Lakes. He stated that before the Board was a request from Pringle Development Company to accommodate conventional construction within the current confines of the Development of Regional Impact (DRI) development area. He stated that a Notice of Change was filed with DCA in April, with the project now called Royal Highlands, which provides for an additional 270 plus acres to be added to this property and converts the 300 R.V.s to conventional homes. He noted that said request would come back to the Board for consideration. He stated that the property in question was property currently subject to the DRI, and that the request was to change the development criteria. He noted that, after discussion with staff, the applicant has included bike paths in the plan.

At this time, Mr. Richey called Mr. Ronald Manley to the podium to provide testimony in regard to the issues that have been addressed by staff.

Mr. Ronald P. Manley, Canin & Associations, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Manley addressed questions presented by Mr. Richey in regard to the revisions that have been proposed this date in regard to utilization of the property in the DRI process. Mr. Manley directed the Board's attention to a site plan of Phase II, which was reflected in reduced size in the backup material titled "Monterey". He stated that said map was presented to staff as part of the application, which shows the revisions that are proposed for the project in question. He stated that the greatest changes that have been brought forth to staff in this application were the design and development criteria to accommodate a range of product types that Pringle Development would like to put into this project, which include single family products that range from 36' by 100' lot sizes for detached units to 78' by 100' lot sizes for single family detached units.

Mr. Manley noted that the development criteria would apply to 1,500 units known as Royal Highlands, which was originally approved as the Monterey Development, and was within the legal description of the original Development Order.

Mr. Richey clarified that the original Development Order included 1,500 units with 300 R.V. units for a total of 1800 units, and the request this date was on the 1,500 units to adjust the building criteria to allow the developer to provide for conventional construction with setbacks.

Mr. Tim Hoban, Senior Assistant County Attorney, requested that the applicant provide a revised site plan.

Discussion occurred in regard to lot sizes in Highland Lakes and in Royal Highlands. Mr. Richey stated that it was the intention of the developer for Royal Highlands to mirror what was done in Highland Lakes.

Mr. Manley stated that a recent survey of the residents of Highland Lakes has indicated that the residents were concerned with security, and Pringle Development has considered a gating arrangement for the project in question.

Mr. Manley discussed open space on the property and stated that the developer has created excellent usable open space. He further stated that the developer intends to provide an eight (8') foot bike path, which will be heavily landscaped and will provide separate sidewalks along one side of all internal collector roadways and spine roads.

Mr. Craig Willis, Alternative Transportation Specialist, appeared before the Board and verified that the proposed bike path was adequate to accommodate the needs.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approved a request for a major amendment to the approved PUD Ordinance #102-88; and to include amendments to the existing PUD/DRI, as follows:

(2) to allow setbacks for single family residences to be: 15 feet on front, 5 feet on side, and 15 feet on rear and corner lot side setbacks; the distance between structures from 20 feet to 10 feet;



(3) to reduce the minimum lot size from 5,000 square feet to 3,600 square feet for attached single family duplexes and for all other detached single family units to have a minimum lot size of 4,400 square feet;



(4) to allow setbacks from the centerline of major roads from 62 feet to 55 feet;



(5) Boundary setbacks to be 25 feet unless adjacent property owned by developer then the setbacks shall be 25 feet from adjacent commercial uses, 10 feet from adjacent residential uses, and zero (O') feet from adjacent open space tracts.



(6) The Developer intends to accommodate bicycle travel with a 8 foot bikeway and sidewalk along one (1) side of all internal collector roadways.



Resolution No. 1994-153.



Commr. Swartz stated that he opposed the extension of the DRI and that 1,800 units on 110 acres was compounding the error of extending the DRI in a nonconforming land use.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

COUNTY MANAGER'S CONSENT AGENDA

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



Contracts, Leases & Agreements/Grants/Municipalities

State Agencies/Solid Waste



Request for approval and execution of Interlocal Agreements Between Lake County and Fourteen Incorporated Municipalities for Submittal and use of State of Florida, Solid Waste Management Trust Fund, Recycling and Education Grants; subject to final review and approval by the County Attorney.



Contracts, Leases & Agreements/Grants/Solid Waste



Request for approval and execution of Part One of the Solid Waste Recycling and Education Grant Application; authorization for the Chairman to sign Part Two of the Solid Waste Recycling and Education Grant Application, due on October 1, 1994; and authorization for the Chairman to sign the quarterly reimbursement requests to access grant funds during Fiscal Year 1994-95, due by the 30th of January, April, July, and October, 1995; subject to final review and approval by the County Attorney.



Solid Waste, Grants



Request for approval and execution of the Third Quarter Waste Tire Grant Reimbursement request.



Assessments/Fire Protection/Municipalities



Request for approval to issue confirming notices to those parcels located in the incorporated areas for Howey-in-the-Hills and Astatula for the Fire Assessment Program.



ADDENDUM NO. 1



COUNTY MANAGER'S CONSENT AGENDA



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

Fire Protection

Request for approval for the Chairman to sign certification of the County's commitment to employ and maintain an Emergency Management Director.



COUNTY MANAGER'S DEPARTMENT BUSINESS

RESOLUTIONS/SOLID WASTE

Mr. Ron Roche, Director of Solid Waste Management Division, was present to discuss this request.

Commr. Gerber made a motion, which was seconded by Commr. Cadwell, to approve Resolution No. 1994-146, amending the Solid Waste Disposal Facilities Fee Schedule by establishing a Commercial Recovered Material Permit Application and Fixed Cost Rate Schedule for Fiscal Year 1993-1994; subject to final review and approval by the County Attorney.

Discussion occurred regarding the policy establishing a Non-Exclusive Commercial Recovered Material Collection Franchise, which provides a credit of the variable cost, and the charge to the franchise holder, in the amount of $65.25. Mr. Roche stated that there were several interlocal agreements that have been adopted by the municipalities who wish to become a part of said process.

Commr. Swartz stated that he understands the dilemma over this issue, and the concern over the haulers and the commercial franchises; however, the fact remains that the County was establishing a tipping fee on recyclables.

Mr. Roche responded that the County was charging an avoided cost to the customer for recyclables. He stated that this process was the result of a new legislation in the State of Florida that sets up commercial recycling, certification of recycling dealers, and prohibits the County from controlling those commercial recycling companies.

Commr. Swartz expressed concern that the proposed policy was a contradiction to the Ordinance adopted in 1989, which included recyclables as an exempt item. He discussed the inequity of the program, and stated that he has serious misgivings with the proposed program.

Mr. Steve Richey, Attorney, representing eight clients, appeared before the Board and stated that he has advised his clients to postpone converting from the commercial carriers they are currently using. He expressed concern with postponing this policy, which would result in a major income loss to the County.

Commr. Swartz suggested that an appropriate process would be to establish conditions on Non-Exclusive Commercial Recycling Franchise holders to assure that said franchise holders are picking up only recyclable materials in Lake County.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request for approval and authorization for the Chairman to sign a Non-Exclusive Commercial Recovered Material Franchise Agreement; and to extend the initial term of the agreement with Town and County Refuse until September 30, 1995.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES

GRANTS

Mr. Pete Wahl, County Manager, requested that this request be postponed for sixty (60) days.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone for sixty (60) days a request to enter into a Project Agreement with the Florida Department of Environmental Protection, Florida Recreation Development Assistance Program (FRDAP); grant funding, in the amount of $100,000.00, for Palatlakaha River Park Improvements.

BUDGETS/PROPERTY APPRAISER

Mr. Pete Wahl, County Manager, presented the request for approval of a tentative millage rate for certification to the Property Appraiser and noted that a memorandum, dated July 26, 1994 in regard to the tentative millage, had been distributed prior to the start of discussion this date. Ms. Eleanor Anderson, Director, Office of Budget, was present to discuss this request.

Mr. Wahl stated that the memorandum alluded to above incorporates his comments, and the additional work that has been performed by the Office of Budget relative to the direction given by the Board during the budget workshops over the last several weeks. He stated that, in addition to the information addressed in said memorandum, staff has met with Mr. Craig Haun, Director, Fire & Emergency Services, and will be withdrawing the Safety Officer position from consideration for this budget year. He explained that a staff person was currently doing safety officer training for the fire service and may be able to work with Mr. Wayne Hamilton, Risk Manager, in conjunction with the Fire Service. He noted that, if said arrangement proves to be unworkable, the request for a Safety Officer will be renewed at mid-year. He stated that the other remaining issues have been identified, one of which was the implementation of a Paying Classification Study. He stated that a mini study has been performed to determine what said study would cost, and the information garnered thus far was positive. He stated that staff was not comfortable recommending a number without additional information. He discussed the green bar and stated that the green bar figures at the end of the year become cash carried forward, and a portion of that attributes to the $1,000,000.00 plus that the Board was able to put aside in special reserve in April of 1994, and it was the recommendation of staff that the same thing occur this year. He further stated that it was the recommendation of staff to adopt a tentative millage of 5.1350 mills for the General Fund for purposes of public notice, and staff will continue to attempt to further refine those dollar needs as the Board begins adoption hearings in September.

At this time, Mr. Wahl directed the Board's attention to a memorandum from the Office of Budget, dated July 25, 1994, and referred to the reconciliation sheet which indicates a Pay Equalization Reserve in the amount of $1,144,744.00. He stated that staff would propose that any additional cuts be rolled into the above mentioned reserve to be addressed by the Board at the time of the adoption hearing.

Commr. Swartz suggested that the monies alluded to above not be placed in the Pay Equalization Reserve account. At this time, he recommended that staff estimate a number and put said number in the Pay Equalization Reserve account subject to the study, and that the balance of said monies, and any additional monies that are found, be put in a special reserve account for the Board to determine what to do with said reserve at the time of the final setting of the millage and the adoption of the budget. He stated that he would support the tentative millage rate of 5.1350 mills; however, he would be reviewing carefully the ability of the Board between now and the final millage rate.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved a Countywide tentative millage rate of 5.1350 for Fiscal Year 1994-95.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a tentative millage rate of .222 for the Ambulance District for Fiscal Year 1994-95.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved a tentative millage rate of 4.000 for Greater Hills MSTU for Fiscal Year 1994-95.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to schedule a public hearing on the tentative budget for Fiscal Year 1994-95 on September 12, 1994 at 6:30 p.m. in the Board of County Commissioners' Meeting Room.

OTHER BUSINESS

MEETINGS/VALUE ADJUSTMENT BOARD

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request to set the hearing dates for the Value Adjustment Board on September 28, 29, and 30, 1994.

REPORTS

COUNTY ATTORNEY

ZONING

Mr. Tim Hoban, Senior Assistant County Attorney, presented this request.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved authorization for the Chairman to sign the Order Denying Request for Vested Rights for

J. D. Eggebrecht Development, Inc.

COUNTY MANAGER

MEETINGS

Mr. Pete Wahl, County Manager, informed the Board that a decision was required in regard to rescheduling the Board of County Commissioners Regular Meeting on September 6, 1994 due to the Rosh Hashanah holiday. It was noted that the regular meeting would not be rescheduled; however, there would be no public hearings on said date.

BUDGET TRANSFERS/SHERIFF'S DEPARTMENT

Mr. Pete Wahl, County Manager, presented a request from George E. Knupp, Jr., Sheriff, for the Board to consider authorizing a budget transfer, in the amount of $25,000.00, from the Sheriff's Operating Account to the Capital Outlay Account for the purchase of the acquisition of a twin engine aircraft; and a Contingency Transfer, in the amount of $10,000.00, from the Sheriff's Contingency Account to the Operating Account.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved to add the requests from George E. Knupp, Jr., Sheriff, to the agenda this date.

Commr. Cadwell was not present for the discussion or vote.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved a request from George E. Knupp, Sheriff, for approval of a budget transfer, in the amount of $25,000.00, from Sheriff's Operating Account to Capital Outlay Account; and approval of a contingency transfer, in the amount of $10,000.00, from Sheriff's Contingency Account to Operating Account.



RECESS & REASSEMBLY

At 12:50 p.m., the Chairman announced that the Board would recess and reconvene at 6:00 p.m. for a public hearing.

PUBLIC HEARINGS/TIMES CERTAIN

ZONING

The Chairman announced that the time had arrived for the final adoption hearing for a Development Order for Sugarloaf Development of Regional Impact (DRI).

Mr. Tim Hoban, Senior Assistant County Attorney, stated that Lake County's legal position on the vested rights for Sugarloaf Mountain Planned Unit Development was that Sugarloaf Mountain was vested for intensity and density, as indicated in the letter, dated March 9, 1994, from the County Manager to Ms. Cecelia Bonifay, Attorney. He stated that Sugarloaf Mountain was vested because of common law vesting, and that it was his understanding that the Department of Community Affairs may not agree with the County's position. He stated that the County had rezoned the property to a Planned Unit Development (PUD), and the developer has provided information evidencing the substantial monies expended by the owners of the property known as Sugarloaf Mountain, expenses that are plausible, and enough money to be substantial reliance on the zoning. He stated that he was confident with the County's legal position; however, was not confident of the position of the Department of Community Affairs.

At this time, Mr. Hoban discussed the options of the Board to discuss the issue of vesting only among themselves this date, to reopen the public hearing and take additional testimony, or to ask questions pertaining to certain persons for clarification on the proposed ordinance and Development Order before the Board this date.

Commr. Swartz stated that it was his understanding that the public hearing this date was a continuation of the public hearing on May 19, 1994 and that any discussion would be limited to the issues surrounding vesting.

At this time, Commr. Hanson opened the public hearing portion of the meeting for the purpose of discussion on issues relating to vesting.

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board and noted that the consultants for the applicant were present in the audience to address questions presented by the Board. At this time, Ms. Bonifay submitted, for the record, a copy of Ordinance #9-91 (Applicant's Exhibit 17); a Development Review Chronology for Sugarloaf Mountain PUD/DRI (Applicant's Exhibit 18); a letter addressed to Mr. Timothy Hoban, Senior Assistant County Attorney, dated May 26, 1994, in regard to Notice/Sugarloaf Mountain DRI/Non-Substantial Amendment to PUD Ordinance 9-91 (Applicants Exhibit 19); and a memorandum addressed to Mr. Tim Hoban, Esquire, dated July 14, 1994, in regard to Sugarloaf Mountain PUD/DRI Vested Rights (Applicant's Exhibit 20). Mr. Greg Stubbs, Director of Development Regulations Services Division, noted, for the record, that County Exhibits 1 through 5 had been entered into the record as evidence during the May 19, 1994 public hearing and were available this date for review.

Ms. Bonifay stated that the Applicant's Exhibits distributed this date, and the letter to Mr. Hoban, dated July 14, 1994, supplement the common law vesting of the applicant's expenditures as well as a request from the County Attorney's office regarding public notice provisions.

At this time, Ms. Bonifay provided a brief update to the Board in regard to this request. She stated that she and one of the property owners met with the Department of Community Affairs (DCA) on July 25, 1994, and DCA has agreed to review the County's position and evaluate the vested rights of the project.

Ms. Bonifay distributed a yellow copy of the Development Order for Sugarloaf Mountain Development of Regional Impact and a blue copy of the Ordinance prior to the start of the meeting this date. Ms. Bonifay identified a letter addressed to Mr. Greg Stubbs, from the Department of Community Affairs, dated July 22, 1994, outlining DCA's conditions and modifications for the Sugarloaf DRI, which had been distributed prior to the start of the meeting this date. At this time, Ms. Bonifay addressed DCA's concerns and the applicant's response to said concerns as outline on the yellow copy of the Development Order for Sugarloaf Mountain Development of Regional Impact, with the following issues being responses by the applicant other than those recommended by DCA.

Page 8, (15), Regional Roadway - Ms. Bonifay explained that the definition of Regional Roadway, as provided by the Regional Planning Council, has not been changed as recommended by DCA.

Page 10, (4), Vegetation and Wildlife - Ms. Bonifay explained that the Development Order does not address DCA's request that language be changed to indicate additional species, and stated that said language would imply species other than those that are currently on the list of endangered or threatened species.

Page 11, (5) - Ms. Bonifay explained that DCA was requesting that on-site preservation for the gopher tortoise should be identified on the master plan, and the appropriate management plan should be incorporated in the Development Order. She stated that the Development Order outlines a provision that the developer will amend the Development Order as soon as the management plan was completed, and was approved by all of the reviewing agencies.

Page 13, (6.b) - Ms. Bonifay explained that the Development Order contains the changes requested by DCA with the exception of the request to replace the "Florida Natural Areas Inventory" with the "Department of Community Affairs". She noted that language regarding buffers has been reinserted, as follows: The plan may also designate buffers or transition zones outside of the designated preserves if such are determined to be necessary for the effective management of the preserves.

Page 21, (17) - Ms. Bonifay explained that DCA requested that language on Line 4 of the Development Order indicate "years or", and the Development Order reflects "year or total peak hour trip ends or total daily trip ends".

Page 23, (19) - Ms. Bonifay explained that DCA requested that the following language be inserted on Line 21, "as described in the note in condition 10"; however, the developer has not included said language.

Commr. Gerber questioned what the applicant envisions as future costs and inconvenience if DCA finds in favor of the Lake County Conservation Council.

Ms. Bonifay stated that the challenge to the ordinance was primarily based on the fact that the Lake County Conservation Council feels that said ordinance was not consistent with the Lake County Comprehensive Plan. She stated that the primary portion of the ordinance deals with statutory vesting; and there was a provision that indicates that we will recognize what the law states we must recognize in terms of common law vesting and states the legal test. She further stated that it has been determined by the Assistant County Attorney that the vesting of this project was based on the common law, which has been the applicant's position in all documents that have been forwarded to DCA, and in all cases that have been cited to DCA based on common law or equitable estoppel. She stated that regardless of what happens with the vested rights ordinance, it would not have an impact on this case or its common law vesting.

At this time, Mr. Hoban distributed to the Board a copy of a memorandum addressed to Tim Hoban, Esquire, dated July 14, 1994, from Cecelia Bonifay, Esquire, in regard to Sugarloaf Mountain PUD/DRI Vested Rights, evidencing the substantial monies expended by the owners of the property known as Sugarloaf Mount Planned Unit Development.

Commr. Swartz discussed the Vested Rights Certificate for Sugarloaf Mountain Planned Unit Development from Mr. Pete Wahl addressed to Cecelia Bonifay, dated March 9, 1994, and requested that staff provide clarification on the basis for the determination that the PUD was vested for intensity and density.

Mr. Hoban responded to questions presented by Commr. Swartz and stated that the basis of the above mentioned Vested Rights Certificate was on the Lake County Land Development Regulations. He stated that the basis of the common law vesting was the initial fact of the rezoning on February 19, 1991.

Commr. Swartz stated that the basis for the vested rights letter, dated March 9, 1994, was clearly not a determination based on statutory or common law vesting, but on the Land Development Regulations, which are currently under challenge.

At this time, Ms. Bonifay directed questions to Mr. Hoban. Mr. Hoban testified that he had responded to the same questions presented by Commr. Swartz this date at the public hearing of May 19, 1994; however, he stated that he provided different answers at the March 19, 1994 hearing.

Ms. Bonifay questioned Mr. Hoban in regard to Applicant's Exhibit 6, Exhibit 13, and Exhibit 15.

Mr. Hoban testified that he did not recall the above mentioned Applicant's Exhibits. He stated that based on additional information submitted, the project does have common law vesting.

In response to a question presented by Commr. Cadwell, Mr. Hoban stated that, in his professional opinion, this project stands alone on its own merits and would withstand a court challenge.

Mr. Craig Willis, Alternative Transportation Specialist, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Willis stated that the language that has been proposed in regard to the bike paths addresses his concerns; however, he noted concern with comments made during the public hearing on May 19, 1994 regarding expenses for said paths.

There being no further public comment on the issue of vesting, the public hearing portion of the meeting was closed.

Commr. Cadwell stated that the concerns expressed at the public hearing on May 19, 1994, in regard to the issue of vesting, have been answered, and that it was time to move forward with this request.

Mr. Stubbs informed the Board that, at this time, action was required on the Development Order for Sugarloaf Mountain Development of Regional Impact Lake County, and the Planned Unit Development Ordinance.

Commr. Bailey made a motion, which was seconded by Commr. Cadwell to approve the Development Order for Sugarloaf Mountain Development of Regional Impact Lake County, as amended; subject to final review and approval by the County Attorney.

Commr. Swartz requested that a correction be made on Page 1, Line 13, of the Development Order deleting "final" and inserting preliminary.

Commr. Gerber stated that she was not comfortable with common law vesting and would not support this request.

Commr. Swartz stated that this project was inconsistent in with the July 1991 and the March 1993 Lake County Comprehensive Plans. He stated that the project in question has never had more than a preliminary development order, and the vesting determination was clearly based on the Lake County Land Development Regulations. He stated that he would not support the Development Order or the Ordinance.

The Chairman called for a vote on the motion, which carried by a 3 -2 vote.

Commr. Gerber and Commr. Swartz voted "No".

Mr. Hoban stated that the Ordinance before the Board would be changed to resolution form and that the fire standards, listed on page 17, VIII. Fire Protection, would be deleted and the following language would be inserted: The applicant shall meet Lake County fire standards.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the preliminary development Plan for a Planned Unit Development (PUD) for Sugarloaf Mountain Development, as amended; subject to final review and approval by the County Attorney - Resolution No. 147.

Commr. Gerber and Commr. Swartz voted "No".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 7:03 p.m.

CATHERINE C. HANSON, CHAIRMAN







ATTEST:







JAMES C. WATKINS, CLERK



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