This meeting is a continuance of the Lake County Value Adjustment Board for 1995. The Board met in regular session on Tuesday, January 23, 1996, at 8:45 a.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, Value Adjustment Board; Rhonda H. Gerber; and William "Bill" H. Good. School Board members present were: Kyleen Fischer. School Board member Claudia Ramsey was not present, due to another commitment. Others present were Sanford "Sandy" Minkoff, County Attorney; Frank Royce, Chief Deputy, Property Appraiser's Office; and Sandra Carter, Deputy Clerk.
The Chairman opened the meeting.
On a motion by Commr. Gerber, seconded by Ms. Fischer and carried unanimously, by a 4-0 vote, the Board approved the Minutes of September 27, 1995 (Regular Meeting), as presented.
On a motion by Commr. Gerber, seconded by Ms. Fischer and carried unanimously, by a 4-0 vote, the Board approved the Minutes of September 28, 1995 (Regular Meeting), as presented.
On a motion by Ms. Fischer, seconded by Commr. Good and carried unanimously, by a 4-0 vote, the Board approved the Minutes of September 29, 1995 (Regular Meeting), as presented.
On a motion by Ms. Fischer, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved the Minutes of October 2, 1995 (Regular Meeting), as presented.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously, by a 4-0 vote, the Board approved the Minutes of November 27, 1995 (Regular Meeting), as presented.
On a motion by Ms. Fischer, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved the Minutes of November 28, 1995 (Regular Meeting), as presented.
Mr. Sandy Minkoff, County Attorney, informed the Board that several suits had been filed, as a result of action that the Board took at the Value Adjustment Board Meetings; however, noted that a settlement had been reached, with regard to the suit involving Mr. Robert Lee Chapman, Jr., concerning the denial of his agricultural exemption. He stated that Mr. Chapman agreed to pay his taxes; therefore, the suit was being dismissed.
On a motion by Commr. Gerber, seconded by Ms. Fischer and carried unanimously, by a 4-0 vote, the Board approved the Certificate of Value Adjustment Board for Real Property, in the amount of $4,423,650,486.00.
On a motion by Commr. Gerber, seconded by Ms. Fischer and carried unanimously, by a 4-0 vote, the Board approved the Certificate of Value Adjustment Board for Real Property, in the amount of $818,915,796.00.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board authorized the Chairman to sign any other documents that are necessary to finalize the tax rolls, that may come up, that would not require Board action.
Ms. Ramsey was not present at this meeting.
There being no further business to be brought to the attention of the Board, the meeting was recessed at 8:55 a.m., until further notice.
_______________________________
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/1-23-96/1-23-96/boardmin
The Lake County Board of County Commissioners met in regular session on Tuesday, January 23, 1996, 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: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
At this time, Commr. Cadwell introduced Ms. Sue Wolfe, a participant in Leadership Lake County and serving internship with the Board of County Commissioners this date.
Mr. James E. Barker, Director of Environmental Management, appeared before the Board to express his appreciation to the Board for the opportunity to serve as Director of Environmental Management during the past five years. It was noted that Mr. Barker would be terminating his employment with Lake County.
AGENDA UPDATE
There were no revisions to the agenda at this time.
MINUTES
Regarding the Minutes of October 24, 1995 (Regular Meeting), the following correction was requested:
Page 9, Line 9 - delete "neighborhood" and insert district.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of October 24, 1995 (Regular Meeting), as amended.
Regarding the Minutes of December 12, 1995 (Regular Meeting), the following correction was requested:
Page 15, Line 25 - delete "Board" and insert staff.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of December 12, 1995 (Regular Meeting).
ADDENDUM NO. 1
MINUTES
Regarding the Minutes of November 7, 1995 (Regular Meeting), the following correction was requested:
Page 15, Line 25 - change "Chairman" to Vice Chairman.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of November 7, 1995 (Regular Meeting), as amended.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Landfills
Request for approval and authorization for the Chairman to execute Change Order No. 1 - Final Astatula Phase 1 Landfill Closure Contract, at a net cost savings of $64,111.44.
ADDENDUM NO. 1
Bonds/Risk Management
Request for approval of the bonds of County Officers in accordance with Florida Statutes 137.05 by either Ohio Casualty Insurance Company, American Surety & Casualty Company, or Western Surety Company.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
ROAD VACATIONS
PETITION NO. 807 DOUGLAS JOHNSON LADY LAKE AREA
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 807 by Douglas Johnson to vacate Neighbors Trail, Hobby Hill Subdivision, and noted on the site plan the location of the property owners in opposition to this request. He explained that Neighbors Trail could be used as an east/west route; however, could not be used for a future road purpose.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Charles Preston, Happy Lane, Hobby Hill Subdivision, appeared before the Board in support of this request and expressed concern with the speed of traffic from local residents using Neighbors Trail.
Mr. Arnold Peter, Genius Court, Hobby Hill Subdivision, appeared before the Board in opposition to this request and suggested that Neighbors Trail be used as a playground for the children in the neighborhood.
Mr. Gary Dorey, Happy Lane, Hobby Hill Subdivision, appeared before the Board in support of this request and expressed concern with older children using Neighbors Trail late at night and disturbing the neighborhood. He noted that the easement serves no purpose.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition No. 807 by Douglas Johnson to vacate road (Neighbors Trail), Hobby Hill Subdivision, Section 28, Township 18, Range 24, Lady Lake area - Commissioner District 5.
PETITION NO. 808 HAROLD AND SANDRA VICK LADY LAKE AREA
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 808 by Harold and Sandra Vick to vacate easement in east Lady Lake. He stated that all of the property owners on the easement in question were in opposition to this request due to the easement providing rear access to their properties.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Bonnie Roof, representing Harold and Sandra Vick, the applicants, appeared before the Board and explained that Mr. Vick purchased the fifty (50') foot strip of land in question for access to his ten (10) acres of property. At this time, Ms. Roof indicated on the site plan the location of the fifty (50') foot strip of land. She explained that Mr. Vick publicly dedicated the easement and created two (2) five (5) acre parcels. She stated that an error was made in the public dedication of the easement, and the legal description was inaccurate; therefore, the applicant would like to vacate the public dedication and privately dedicate the easement, which would correct the problem with the encroachment into the platted lots. She noted that all of the lots in the adjacent subdivision front on paved county maintained roads and have the ability to access the lots from the paved roads.
Mr. Roy O'Conner, an adjacent property owner, appeared before the Board in opposition to this request and indicated the location of his property on the site plan adjacent to the applicant's property. He expressed concern that he would lose future access to his property if the Board approved to vacate said easement.
Mr. Christopher A. Detzel, Attorney, representing Vance R. and Darcy Jo Moore, owners of Lots 6 and 7 in the Glenn Hills Subdivision, appeared before the Board and directed the Board's attention to correspondence, dated January 20, 1996, outlining the Moore's opposition to the closing of the public easement in question. He stated that this was an attempt to circumvent the requirements of the former rules with regard to lot splits which required a dedicated public easement. He stated that the Moores have used the easement on a regular basis to gain access to the rear of their property and that said access would be important in the future for delivery of building materials in development of Lot 7 which remains vacant at this time. He stated that the Moores have provided regular maintenance to the roadway and easement where it abuts their property, and that the easement would restrict access to their property.
Ms. Carroll A. Stewart, owner of Lot 12 in the Glen Hills Subdivision, appeared before the Board in opposition to this request and expressed concern that the easement in question was the only access to the back yards of Lots 9 through 12. He noted that the property has never been maintained by Mr. Vick.
Ms. Katherine Strickland, owner of Lot 11 in the Glen Hills Subdivision, appeared before the Board in opposition to this request and stated that she has provided regular maintenance to the easement in question and that the property provides access to the rear of her property. She stated that Mr. Vick does not maintain the property.
At this time, Ms. Roof displayed an aerial photograph of the easement in question on the monitor and explained that it was the intent of Mr. Vick, at the time that he purchased the property, to use the easement to access his property, and, at this time, he would like to fence his property. She noted that no water retention or drainage improvements were made when the plat was platted. She stated that Mr. Vick would go before the Board of Adjustment to request a variance at the direction of the Board; however, she respectfully requested that the Board approve this road vacation without having to go before the Board of Adjustment.
Commr. Hanson expressed concern with several individuals sharing in the use of property owned by one individual regardless of who maintains the property. She further expressed concern on the circumvention of the lot split process.
There being no further public comment, the public hearing portion of the meeting was closed.
Ms. Sharon Farrell, Interim Director, Development and Regulations Services, appeared before the Board and explain that the dirt easement was not subject to a variance until such time that language was adopted to allow a provision for variances.
Discussion occurred in regard to postponing this road vacation petition to allow the applicant the opportunity to go through the Board of Adjustment. Mr. Stivender suggested that the Board deny this request without prejudice.
Commr. Swartz stated that he was not inclined to change the easement in question from a publicly dedicated easement to a private easement. He stated that Mr. Vick publicly dedicated the easement in order to obtain the lot split, and that the abutting property owners purchased property with the dedicated easement being part of the public record.
Commr. Swartz made a motion to deny Road Vacation Petition No. 808 by Harold and Sandra Vick to vacate easement, Section 27, Township 18, Range 24, Lady Lake area - Commissioner District 5.
At this time, Commr. Cadwell passed the gavel to Commr. Good, Vice Chairman, and seconded the motion.
Commr. Cadwell noted that there were other issues of concern other than circumventing the lot split process. He expressed concern that approving this request would compound access problems for the adjoining and abutting property owners in the future.
The Vice Chairman called for a vote on the motion, which carried by a 5 - 0 vote.
PETITION NO. 809 CRAIG HEGSTROM SORRENTO AREA
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 809 by Craig Hegstrom to vacate utility easement, Sundance Ridge, and indicated on the monitor the location of the house, and the partial encroachment of the driveway. He explained that this request was to clear title due to the encroachment and that this request would not affect drainage or utilities in Sundance Ridge.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that Ms. Bonnie Roof, representing the applicant, was present in the audience.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition No. 809 by Craig Hegstrom to vacate utility easement, Sundance Ridge, Section 36, Township 19, Range 27, Sorrento area - Commissioner District 4.
PETITION NO. 810 RALPH AND MYRTLE JACKSON TAVARES AREA
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 810 by Ralph and Myrtle Jackson to vacate utility easements, Imperial Mobile Terrace No. 3 and explained that this request was to clear title. At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition No. 810 by Ralph and Myrtle Jackson to vacate utility easements, Imperial Mobile Terrace No. 3, Section 25, Township 19, Range 25, Tavares area - Commission District 3.
PETITION NO. 811 ROBERT A. DAVIS, REDDIX LAND TRUST
CLERMONT AREA
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 811 by Robert A. Davis, Reddix Land Trust, to vacate utility easements, Osprey Pointe. He explained that easements exist on all side lot lines and that Mr. Davis was building on the combination of both lots; therefore, his utilities could access from either side.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition No. 811 by Robert A. Davis, Reddix Land Trust, to vacate utility easements, Osprey Pointe, Section 1, Township 23, Range 25, Clermont area - Commissioner District 2.
RECESS & REASSEMBLY
At 10:05 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 10:15 a.m.
ADDENDUM NO. 1
OTHER
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Dave Warren, Tourist Development Director, appeared before the Board to present the recommendation to forward to the Orlando Area Sports Commission (OASC) the entire list of individuals for appointment of two positions by the OASC on the OASC Board.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0, the Board approved to forward to the Orlando Area Sports Commission (OASC) the recommendation of individuals for appointment to the OASC Board, as follows:
John S. Roberts Fred Sommer
Stephen M. Day Brad Cox
John Moore Dennis L. Horton
David Allen Allen Powell
Dr. Larry L. Oexner Chris Sears
Dr. James Michael Ray Irene Ann James
A. James Jones Charles P. Kelsey
Dennis D. Wilson Gene Molnar
Howard "Skip" Babb Keith Shamrock
George J. Becker, Jr. Gregory L. Nelson
Constance Lee Wilhelm Robert N. Beucher
ZONING
PETITION NO. 1-96-2 R-6 TO R-8 JOE & LAVENIA KNIGHT
Ms. Sharon Farrell, Interim Director, Development and Regulations Services, explained that this request was for a rezoning from R-6 (Medium Density Urban Residential) to R-8 (Mixed Residential) to place a double wide manufactured home on the property. She stated that staff was recommending approval to rezone the parcel based on Policy 5-3.1, and on the development trends in the area. She stated that the Planning and Zoning Commission recommended approval to R-8 (Mixed Residential).
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
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. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-6 (Medium Density Urban Residential) to R-8 (Mixed Residential) for placement of a mobile home on the property - Ordinance No. 1996-5.
PETITION NO. 2-96-2 R-6 TO A MICHAEL RINKUS
Ms. Sharon Farrell, Interim Director, Development and Regulations Services, explained that this request was for a rezoning from R-6 (Medium Density Urban Residential) to A (Agriculture) for construction of a single family home and use of the property for general agricultural purposes. She stated that staff recommends approval to rezone the parcel to AR (Agricultural Residential) based on the Urban Expansion Land Use Category, and that the Planning and Zoning Commission recommended approval to A (Agriculture). She stated that the applicant does plan to put a mobile home on the property until such time that a conventional home can be constructed.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
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. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-6 (Medium Density Urban Residential) to A (Agriculture) for construction of a single family home and use of the property for general agricultural purposes - Ordinance No. 1996-6.
PETITION NO. 51-95-4 R-6 TO R-8 JESSE LEE & ELLEN PERRY
Ms. Sharon Farrell, Interim Director, Development and Regulations Services, explained that this request was for a rezoning from R-6 (Medium Density Urban Residential) to R-8 (Mobile or Mixed Residential) for the placement of a mobile home on the property. She explained that the Board had denied the rezoning on October 24, 1995 without prejudice. She stated that staff recommends approval to rezone the parcel to R-8 (Mobile or Mixed Residential). At this time, Ms. Farrell made a video presentation (County Exhibit 1) to illustrate the general character of the surrounding neighborhood. She noted that the applicants had a single family conventional home on the lot in question which had been destroyed by fire in the 1980s. It was noted that the Planning and Zoning Commission recommended approval to R-8 (Mobile or Mixed Residential).
Commr. Hanson stated, for the record, that she had discussed the fact that this case would be brought back before the Board for consideration with the Mayor of the City of Mount Dora.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicants were present in the audience.
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. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-6 (Medium Density Urban Residential) to R-8 (Mobile or Mixed Residential) for the placement of a mobile home on the property - Ordinance No. 1996-7.
PETITION NO. CUP#96/1/1-2 CUP IN A SHANNON JOYCE/
W. BRUCE LAFRENZ
Ms. Sharon Farrell, Interim Director, Development and Regulations Services, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) to operate a horse stable and Equestrian Center offering horse boarding for 16 to 20 horses; training and lessons (8 per day); horse shows limited to six (6) single day events per year with approximately 50 horses, and two (2) multi-day events with approximately 150 horses; and a caretaker's residence, barns with manager's apartment and trainer's residence. She stated that the applicant has been working diligently with Ms. Rebecca Jetton, Green Swamp Area of Critical State Concern, and Ms. Jetton has requested that the 60% open space requirement be in written form, and that a confirmation be provided that the site plan presented at the public hearing was not an approved site plan or considered a development permit. She stated that staff recommends approval for a CUP (Conditional Use Permit) in A (Agriculture) and suggested that the Board address law enforcement or traffic control for the two (2) multi-day events. She stated that the Planning and Zoning Commission recommended approval of a CUP (Conditional Use Permit) in A (Agriculture). Ms. Farrell stated that additional transportation requirements would be addressed during the technical review process.
At this time, the oath was administer by the Deputy Clerk to Ms. Sharon Farrell, Interim Director, Planning & Development Regulation Services; Mr. Jeff Richardson, Planner II, Development & Regulation Services; Ms. MaryAnn Bardon, Transportation Engineer, Public Services; and Ms. Paula Blazer, Environmental Program Branch Supervisor.
Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Shannon Joyce, the applicant, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Ms. Joyce stated that the 60% open space issue has been resolved with the Department of Community Affairs, and noted that a paddock or pasture has been defined as open space. She stated that they have no problem meeting the 60% open space requirement as long as it was understood that pasture was open space.
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.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a CUP (Conditional Use Permit) in A (Agriculture) to operate a horse stable and Equestrian Center; subject to the following: Sixty (60%) percent of the parcel be designated as Open Space; the understanding that the drawing submitted was not an approved site plan; the two (2) multi-day events would have law enforcement present; and the project would go through the Lake County Technical Review Committee review - Ordinance No. 1996-8.
PETITION NO. CUP#96/1/2-2 CUP IN A CLAUDE VIOLETTE/RON THOMPSON
Ms. Sharon Farrell, Interim Director, Development and Regulations Services, explained that this request was for a CUP (Conditional Use Permit) on property that was currently zoned A (Agriculture) to operate a waterski school on Sawgrass Lake. She explained that this was not a standard agricultural use and that staff reviewed this request as a recreation commercial use, and would need to meet Direct Commercial Development criteria as outlined in the Lake County Comprehensive Plan. She stated that staff recommends denial of a CUP (Conditional Use Permit) in A (Agriculture) and that the Planning and Zoning Commission recommended approval for a CUP (Conditional Use Permit) in A (Agriculture).
Commr. Hanson discussed the need to create a classification for recreational activities in Lake County that are quasi commercial, but also partially agriculture, and the opportunity to take advantage of the environment that the County was striving to protect in the Wekiva River Protection Area and the Green Swamp Area of Critical State Concern.
At this time, Mr. Jeff Richardson, Planner II, Development and Regulation Services, presented a video presentation (County Exhibit 1) illustrating the property in question.
Commr. Cadwell opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
Mr. Ron Thompson, the applicant, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Thompson explained that he was requesting a CUP (Conditional Use Permit) to operate a waterski school for the purpose of providing lessons and for his personal training. He explained that Mr. Claude Violette, the owner of the property in question, has a house on the property, and an empty barn at the edge of Sawgrass Lake which would be used to store ski equipment. He noted that the students would be staying at local hotels on U.S. Highway 27 and would be transported to the waterski school on a daily basis.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Swartz stated that this request did not meet the classification for a CUP (Conditional Use Permit) in A (Agriculture) and was contradictory to the Lake County Code. He stated that he would prefer that this request be denied without prejudice until such time that rules could be written to allow this to be considered as a classification other than a CUP (Conditional Use Permit) in A (Agriculture).
Mr. Paul Bergmann, Senior Director, Planning and Development, appeared before the Board and stated that the issue of a CUP (Conditional Use Permit) in A (Agriculture) for a recreational operation was not one of the issues in the packet that has been prepared for a public hearing in March; however, could be included in the current cycle.
Commr. Cadwell stated that it was appropriate to consider a CUP (Conditional Use Permit) in this case and that he did not have a concern looking at CUPs like this request in A (Agriculture).
Commr. Swartz cautioned the Board not to approve a CUP (Conditional Use Permit) without a full understanding of the issues and an evaluation of the issues by staff.
Commr. Good made a motion, which was seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approve a request for a CUP (Conditional Use Permit) in A (Agriculture) to operate a waterski school on Sawgrass Lake - Ordinance No. 1996-9.
In response to a question presented by Commr. Swartz, Ms. Farrell clarified that Environmental Management would be reviewing the permitting for all water based activities.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Swartz voted "No".
PETITION NO. 98A-88-2 AMENDMENT OF PFD ORDINANCE #55-88
FLORIDA CONFERENCE ASSOCIATION OF SEVENTH DAY ADVENTIST
Ms. Sharon Farrell, Interim Director, Development and Regulations Services, explained that this request was for an amendment to PFD Ordinance #55-88 to organize four Conditional Use Permits into one CFD (Community Facilities District) to have one permitted use and one zoning designation. At this time, Ms. Farrell briefly discussed the history of the four CUPs since 1971 and displayed on the monitor a site plan (County Exhibit 1) of the facility. She stated that staff recommends approval to rezone the entire parcel to CFD (Community Facilities District), and that the Planning and Zoning Commission recommended approval of an amendment to PFD Ordinance #55-88. She explained that staff has requested a 100 foot setback and that no permits be issued in the RV area for carports, screen rooms or sheds, and that no parked trailer recreational vehicles be permitted. At this time, Mr. Jeff Richardson, Planner II, Development & Regulations Services, presented a video (County Exhibit 2) illustrating the location of the area in question.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Cecelia Bonifay, Attorney, McQuire, Voorhis & Wells, P.A. representing the Florida Conference Association of the Seventh Day Adventist, appeared before the Board and explained that the request for rezoning was for the purpose of consolidating prior rezonings on the property in question over a period of years. She stated that present in the audience to offer testimony on various aspects of the development were Mr. Dick Newman, Newman Engineering; Mr. Keith Riddle, Newman Engineering; and Mr. Phil Yontz, Administrative Director, Florida Conference Association of the Seventh Day Adventist. She addressed the requirement to maintain a setback of 100 feet for buffering and requested that the Board consider reducing the setback on all sides to 50 feet, and specificly on the western boundary of the site. At this time, Ms. Bonifay noted, on the site plan, the location of the western boundary.
Ms. Farrell noted that language could be added in the CUP (Conditional Use Permit) under C. Setbacks, to reflect that the applicant shall be required to maintain a setback of 100 feet except on the western boundary. She stated that staff would have the ability to reduce the setback depending on the use and other conditions noted in the site plan during the Technical Review Committee review.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for an amendment to PFD Ordinance #55-88 to add to the existing uses under a CFD Designation - Ordinance No. 1996-10.
PETITION CUP#95/11/1-2 CARETAKER'S RESIDENCE IN A
JESSE ALLEN/WILCOX NATURAL PRODUCTS
Ms. Sharon Farrell, Interim Director, Development and Regulations Services, explained that this request was for a CUP (Conditional Use Permit) to be granted in A (Agriculture) for the placement of a mobile home as a caretaker's residence on the property, and to bring the existing drying/baling operation into compliance. She further explained that the request was initiated due to a code enforcement action against the applicant for placing a mobile home on the site without a building permit. She stated that, in researching and doing site visits for the request, staff found that the existing drying and baling operation for Wilcox Natural Products, Inc. did not have a Conditional Use Permit; however, an Occupational License was issued for the operation in 1992, and a building permit had been issued for a pole barn. She stated that staff recommends approval of the CUP (Conditional Use Permit) in A (Agriculture) and that the Planning and Zoning Commission recommended approval of a CUP (Conditional Use Permit) in A (Agriculture). Ms. Farrell indicated that there was opposition to this request due to an odor. At this time, Ms. Farrell distributed a memorandum, dated January 16, 1996, from Rick Hartenstein, Code Compliance Officer, (County Exhibit 1), which indicated that the odor from the operation was not offensive, and the noise produced by the dryer units were not loud or offensive. Ms. Farrell presented a video (County Exhibit 2) presentation which illustrated the buildings currently on the site. She explained that this location was an 8 1/2 acre parcel on State Road 50 with agricultural and industrial uses in the area.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. J. D. Cosson, III, a local resident whose property abuts to the subject property, appeared before the Board in opposition to this request; at which time the oath was administered by the Deputy Clerk. He stated that the property in question was six (6) acres and not 8 1/2 acres and noted the location of his property on the aerial map. He stated that he was in opposition to the mobile home on the site and objected to the offensive odor from the business. He stated that the surrounding landowners do not have a complaint with the facility operating, or the method in which they operate, but do have a complaint with the offensive odor when the facility is in operation.
Mr. Jesse Allen, the applicant, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Allen explained that the offensive odor was coming from the chicken farms, and the cattle pond on the adjacent property and not from the operation of his business.
Discussion occurred in regard to the Standards of Operation requirements that odor shall be deminimus so as to not be a nuisance to abutting neighbors, biannual inspections be conducted, and the hours of operation shall be limited to 6:00 a.m. to 7 p.m. daily. Mr. Allen explained that the dryer units must remain on when the berries are in the barns for drying and that they could not meet the requirement for the hours of operation during production of the berries from August through September. He stated that he could not clean up the offensive air quality caused by surrounding operations.
There being no further public comment, the public hearing portion of the meeting was closed.
Ms. Farrell stated that records do not indicate a discrepancy on the acreage of the parcel in question; however, staff would confirm the actual number of acres prior to forwarding the ordinance.
Commr. Good requested that E. Standards of Operation, Item 7, of the Conditional Use Permit, require that one of the biannual inspections be conducted during the time of operation. He discussed the hours of operation and requested that Item 2., Hours of Operation shall be limited to 6:00 a.m. to 7 p.m. daily, be deleted from the Ordinance. He clarified that the requirement for a vegetative buffer was for the purpose of providing a buffer between the mobile home and the adjacent properties as outlined in the Land Development Regulations.
Commr. Good made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve a request for a CUP (Conditional Use Permit) in A (Agriculture) for a caretaker's residence for an existing operating agricultural business and to bring the drying/baling operation into compliance, as amended, deleting E. Standards of Operation, Item 2. Hours of Operation shall be limited to 6:00 a.m. to 7:00 p.m. daily; and inserting language under E. Standards of Operation, Item 7., to specify that one of the biannual inspections shall occur during the hours of operation of the facility - Ordinance No. 1996-11.
Commr. Swartz stated that he would support the motion because the facility was already in operation and had been approved in the past; however, he cautioned that, as soon as a product is brought in from another location, it ceases to be an agricultural operation. He stated that the Board must be cognizant of the problems that are created between land use when initiating new CUPs.
Commr. Gerber stated that she would not support this request because of the offensive odor from the facility, and the capacity for growth of the operation that would possibly worsen the problem. Commr. Hanson discussed the need for a classification that would allow semi-commercial in a rural location.
The Chairman called for a vote on the motion which carried by a 4 - 1 vote.
Commr. Gerber voted "No".
PETITION NO. CUP#93/5/1-5 REVOCATION OF CUP
DON CHANNEL/NORTH LAKE TRUCK AND MUD CLUB
Ms. Sharon Farrell, Interim Director, Development and Regulations Services, explained that this request was for revocation of the CUP (Conditional Use Permit) at the request of the applicant for a Mud Run Park racing facility.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
The applicant was not present in the audience at this time.
No one present wished to speak in opposition to this request.
There being no one present who wished to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for revocation of CUP#93/5/1-5 - Ordinance No. 1996-12.
PUBLIC HEARING - TRANSMITTAL HEARING - FIRST AMENDMENT TO THE LAKE COUNTY COMPREHENSIVE PLAN
PLANNING
Mr. Barry Brown, Planner II, Planning and Development Services, appeared before the Board to present four Lake County Comprehensive Plan Amendments. At this time, the oath was administered to Mr. Brown and Mr. Mark Knight, Chief Planner, Planning and Development Services.
LUPA #96-1-2-2 Suburban to Rural Industrial Innovation Management, Inc.
Mr. Barry Brown, Planner II, Planning and Development Services, explained that LUPA #96-1-2-2, Industrial Innovation Management, Inc., was a request to change the existing Suburban Future Land Use Designation to Rural to make the land use consistent with surrounding land use and consistent with actual utilization of the property. He stated that staff recommends approval of the land use designation to Rural, and that the Planning and Zoning Commission recommended approval to change the land use designation to Rural. He explained that the requested land use change would reduce allowable density and, therefore, the potential number of dwelling units and population, and would decrease demands on public facilities including but not limited to roads, schools, solid waste, parks, and recreation. He stated that the proposed amendment was consistent with the Lake County Comprehensive Plan and did not conflict with the Land Development Regulations.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
Mr. Steve Richey, Attorney, representing Industrial Innovation Management, Inc., appeared before the Board and explained that this request was for the purpose of consolidating all of the land under one land use classification. He stated that a potential use of the property had not been determined; however, the Rural land use designation would be more consistent with the actual utilization of the property than the Suburban designation. He stated that Mr. Steve Adams, Mr. Greg Beliveau, and a representative from Florida Rock Industries, Inc. were present in the audience to provide testimony.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved to transmit LUPA #96-1-2-2 to change the existing Future Land Use Designation to Rural from Suburban to make the land use consistent with surrounding land use and consistent with actual utilization of the property.
LUPA #96-1-3-2 - LEONARD & MARION BARR, HAROLD BARR, AND MICHAEL BARR
Mr. Barry Brown, Planner II, Planning and Development Services, explained that LUPA #96-1-3-2, Leonard and Marion Barr, Harold Barr, and Michael Barr, was a request to change the existing land use to Rural to make the land use consistent with surrounding land use and consistent with actual utilization of the property. He explained that the subject property was currently designated Rural; however, the pending LUPA #94-1-1-2 (Pringle/Bradshaw) would change the land use to Suburban. He stated that, although a Stipulated Settlement Agreement has been executed with the Department of Community Affairs, there was some doubt as to the existing future land use, and the County's position was that the land use was Rural. He explained that, until the DCA signs off on the Settlement Agreement, this amendment would continue through the process. He stated that the Planning and Zoning Commission recommended approval to change the land use designation to Rural.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Steve Richey, Attorney, representing Leonard and Marion Barr, Harold Barr, and Michael Barr, appeared before the Board and indicated that the County had received a letter, as of January 4, 1996, from the Department of Community Affairs, indicating that the property in question should be rezoned and redesignated to Suburban. He explained that the property was a portion of the property that was added to the original Bradshaw Comprehensive Plan Amendment by staff, which was the reason the applicant originally initiated going back to Rural.
No one present wished to speak in opposition to this request.
Mr. Sandy Minkoff, County Attorney, stated that the County Attorney's office did not agree with the interpretation of the Department of Community Affairs and believe that the Administrative Hearing Officer will adopt the County's view; therefore, remedial actions will not be necessary.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to transmit LUPA #96-1-3-2, Leonard and Marion Barr, Harold Barr, and Michael Barr, changing the future land use designation to Rural to make land use consistent with surrounding land use and consistent with actual utilization of the property.
LUPA#96-1-A FLORIDA DEPARTMENT OF TRANSPORTATION
Mr. Barry Brown, Planner II, Department of Planning and Development Services, presented LUPA #96-1-A, Florida Department of Transportation, requesting amendment to the Lake County Comprehensive Plan to identify the need for additional lanes on State Road 40 between the Marion County line and County Road 445A. He stated that staff recommends denial of this request based upon the Data and Analysis section of the Lake County Comprehensive Plan.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
There being no one present wishing to discuss this issue, the public hearing portion of the meeting closed.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved to deny LUPA#96-1-A, Florida Department of Transportation, amending the Lake County Comprehensive Plan to identify the need for additional lanes on State Road 40 between the Marion County line and County Road 445A.
LUPA #96-1-B ADDITIONS TO THE FIVE YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
Mr. Barry Brown, Planner II, Department of Planning and Development Services, presented LUPA#96-1-B, additions to the five year schedule of capital improvements for parks and recreation non-LOS projects and explained that staff was recommending the addition of acquisition and development of property in Phase II of the South Lake Rail Trail (Orange County Line to Clermont), and the development of Lake Idamere Park on Highway 19 on property near the Astatula Landfill.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to transmit LUPA#96-1-B, additions to the five year schedule of capital improvements for parks and recreation non-LOS projects, as follows: Acquisition and development of property in Phase II of the South Lake Rail Trail (Orange County Line to Clermont; and Development of Lake Idamere Park on Highway 19 on property near the Astatula Landfill.
OTHER BUSINESS
PLANNING
Ms. Sue Whittle, County Manager, noted that the Board had previously requested that the issuance of vested rights determinations be acknowledged on the agenda. At this time, the Board acknowledged issuance of the following vested rights determinations:
1) Cross Tie Ranch PUD - Amended Determination Issued 12/12/95.
2) Twin Lakes Subdivision - Issued 12/13/95
3) Walker Heights PUD - Issued 12/13/95
4) Emerald Greens PUD & Subdivision - Issued 12/14/95
5) Top of the Hill Subdivision - Issued 12/14/95
6) Pretty Lake PUD - Issued 12/15/95
7) Birds and Animals Unlimited - Issued 12/18/95
8) Lake Johns Woods Subdivision - Issued 12/18/95
9) Country Greens PUD - Issued 12/19/95
10) Biscayne Heights Subdivision - Issued 12/20/95
11) Groves of Lake Emma Subdivision, a/k/a Villa City,
Blocks 66, 67, 68 and 69 - Issued 12/21/95
12) Greater Pines Subdivision - Issued 12/28/95
13) Southlake PUD - Issued 12/29/95
14) Crows Bluff PUD - Issued 1/3/96
15) Lake Hiawatha Estates Subdivision - Issued 1/4/96
REPORTS
Commissioner Hanson - District No. 4
Commr. Hanson informed the Board that the East Lake County Chamber of Commerce Banquet was scheduled on January 25, 1996, at 6:30 p.m.
Commissioner Cadwell - Chairman and District No,. 5
Commr. Cadwell noted that a Four Corners meeting was scheduled this evening at Howard Johnson in Orlando.
Mr. Sandy Minkoff, County Attorney, informed the Board that the Four Corners meeting was a community association and that the Commissioners were able to attend. He stated that, by this announcement, the press was duly notified that one or more of the Commissioners would be attending the meeting. He cautioned the Commissioners not to discuss the matters among themselves.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience.
Ms. Jane Trimble, a local resident, appeared before the Board and stated that she was a licensed massage therapist currently practicing in the City of Eustis. She explained that twelve (12) months ago she located a space in Yalaha for a massage therapy clinic, and was advised that consideration would be given to a Land Development Regulation in March 1996 that would allow medical in C-1 zoning. She expressed concern that she may loose the option of renting the space located in Yalaha due to the time element and requested that the Board take action in the interim to allow her to move forward with permitting at this time.
Mr. Paul Bergmann, Director of Planning and Development Services, appeared before the Board to discuss this issue and suggested that an interpretive letter be done to address this issue.
Commr. Hanson explained that she had discussed this issue with the County Manager, and staff and requested that Ms. Trimble talk with each of the Commissioners.
At this time, Commr. Swartz stated that the County Manager was addressing the issue of obtaining a permit for a message therapy clinic in C-1 zoning by Ms. Trimble until such time that language has been prepared in the Land Development Regulations to allow medical in C-1 zoning.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:30 p.m.
___________________________________
WELTON G. CADWELL, CHAIRMAN
______________________________
JAMES C. WATKINS, CLERK
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