A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 26, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, March 26, 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; Catherine C. Hanson; Rhonda H. Gerber, and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Bruce Duncan, Assistant County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; and Marlene S. Foran, Deputy Clerk.

Commr. Good gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Sandy Minkoff, County Attorney, requested that discussion of impact fees for South Lake Development be added to the Agenda under Reports.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved to place discussion of impact fees for South Lake Development on the Agenda under Reports.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of February 27, 1996 (Regular Meeting), as presented.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

ROAD VACATIONS

PETITION NO. 778 LAKE COUNTY DEPARTMENT OF PUBLIC SERVICES

Mr. Jim Stivender, Jr., Senior Director, Public Services, appeared before the Board to present Road Vacation Petition No. 778 by Lake County Department of Public Services, Jim Stivender, Jr., Senior Director, to vacate road, Revised Plat - Part of Parkdale, and explained that this closing was part of a "Y" intersection at County Road 455 and State Road 19, which included a private owner in the center. He stated that the leg of the "Y" has been removed and a new right-of-way has been created.

At this time, Commr. Cadwell 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. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition 778 by Lake County Department of Public Services, Jim Stivender, Jr., Senior Director, to vacate road, Revised Plat -Part of Parkdale, Section 11, Township 21, Range 25, Howey-in-the-Hills area - Commissioner District 5.

PETITION NO. 804 ROBERT SMITH LEESBURG AREA

Mr. Jim Stivender, Jr., Senior Director, Public Services, appeared before the Board to present Road Vacation Petition No. 804 by Robert Smith to vacate road (Arthur Road) and lots, Cypress Haven, and explained that there was a question concerning legal access to the southeast property owner, Martha Werre, at the February 27, 1996 Board meeting. He directed the Board's attention to a letter from Martha Werre, dated March 15, 1996, indicating Ms. Werre's opposition to the closing of Arthur Road.

At this time, the Chairman open the public hearing portion of the meeting.

Ms. Cecelia Bonifay, Attorney, McQuire, Voorhis & Wells, P.A., representing Mr. Robert Smith, the applicant, appeared before the Board and explained that the issue was that an allegation had been raised by Ms. Martha Werre at the February 27, 1996 Board meeting. She stated that Ms. Werre has furnished no evidence on the record that she has legal access to Arthur Road that would entitle her to an objection or that would sustain her allegation that she would have a land locked parcel if said road was closed. She stated that Ms. Werre has a land lock parcel at this time and that the applicant, who was present in the audience, would testify that he has had repeated exchanges with Ms. Werre in an effort to reach an agreement. At this time, Ms. Bonifay entered into evidence the opinion of George W. (Bill) Farner, Jr., Hall, Farner & Associates, Inc., which provided a legal description of Ms. Werre's property and indicated that said property did not have frontage along Arthur Road; and a resume for George W. Farner, Jr. Ms. Bonifay cited the Supreme Court Case of Eastland Woods v. City of Tallmedge which stated that "where there is no common border between a developer's property and vacated street, which could reasonably have afforded access to the vacated street, the developer was not an "abutting landowner" and, therefore, had no right to enjoin vacation of the street or to receive damages for its closing". She stated that Ms. Werre was not an abutting landowner and did not have legal access to Arthur Road.

Ms. Martha Harrelson, representing Ms. Martha Weere, appeared before the Board to express Ms. Weere's opposition to this request as it would land lock her property.

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. 804 by Robert Smith to vacate road (Arthur Road) and lots, Cypress Haven, Unit 2, Section 2, Township 19, Range 25, Leesburg area - Commissioner District 5.

PETITION NO. 815 FRANK H. HAAS LEESBURG AREA

Mr. Jim Stivender, Jr., Senior Director, Public Services, appeared before the Board to present Road Vacation Petition No. 815 by Frank H. Haas, Leisure Communities, Ltd. to vacate drainage easement, Pennbrooke, Phase 1-D, and explained that the drainage option for the lot in question has been modified, and was no longer necessary.

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. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition No. 815 by Frank H. Haas, Leisure Communities, Ltd. to vacate drainage, Pennbrooke, Phase 1-D, Section 19, Township 19, Range 24, Leesburg area - Commissioner District 1.

ZONING

Mr. Sandy Minkoff, County Attorney, informed those present that a policy had been adopted by the Board that would require swearing in of witnesses only when requested by staff, the applicant, or an individual who has filed a Notice of Appearance.

PETITION NO. CUP#96/3/1-5 CUP IN A BARNEY NEWBERN

Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this request was for a Conditional Use Permit (CUP) in A (Agriculture) for the placement of a mobile home on a ten (10) acre parcel for the care of an infirmed relative. She explained that the applicant was meeting the provisions for temporary housing for care of the infirmed and that a Physician's Affidavit had been received. She stated that staff recommends approval of a CUP, and that the Planning and Zoning Commission recommended approval for the placement of a second manufactured home (HUD-Certified) on the site.

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 a CUP (Conditional Use Permit) in A (Agriculture) for the placement of a mobile home on a ten (10) acre parcel for the care of an infirmed relative - Ordinance No. 1996-25.

PETITION NO. 8-96-4 RA TO A GARY CHARLTON

Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this request was for rezoning from RA (Ranchette District) to A (Agriculture) to use the property for construction of greenhouses, and to expand an existing nursery. She stated that staff recommends approval to rezone the parcel to A (Agriculture) and that the Planning and Zoning Commission recommended approval to A (Agriculture).

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.

Commr. Hanson disclosed that she had discussed this issue with Mr. Gary Charlton prior to this issue coming before the Board under Citizen Comment and Question Period.

On a motion by Commr. Hanson, 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 RA (Ranchette District) to A (Agriculture) to use the property for construction of greenhouses and existing nursery - Ordinance No. 1996-26.

PETITION NO. CUP#95/9/2-4 REVIEW OF CUP ROBERT C. GRUNER

Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this was a six (6) month review of a CUP (Conditional Use Permit) in A (Agriculture) for part time limited milling of logs. She stated that there were no complaints nor violations on file and that staff recommends continuation of the existing Conditional Use Permit.

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. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the continuation of existing CUP#95/9/2-4, Robert C. Gruner, for part time limited milling of logs.

PETITION NO. 6-96-2 A TO HM LESTER COGGINS TRUCKING/

ESTATE OF R. HESTER

Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this was a request for rezoning from A (Agriculture) to HM (Heavy Industrial District) to add property adjacent to the existing trucking facility for the establishment of a truck driving school and truck warehouse. She stated that staff recommends approval to rezone the parcel to MP (Planned Industrial) with LM (Light Industrial) uses and that the Planning and Zoning Commission recommended approval to MP (Planned Industrial) with LM (Light Industrial) uses. She stated that this request was consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations and noted that this request would be an Employment Center.

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 the applicant, appeared before the Board and explained that Mr. Lester Coggins, the applicant, would anticipate using the property in question for a truck driving school and warehouses; however, the LM (Light Industrial) uses were not limited to those uses in the recommendation from the Planning and Zoning Commission. He stated that the applicant was satisfied with the LM (Light Industrial) uses as proposed.

Mr. Julian R. Harper, a resident of Howey-in-the-Hills, appeared before the Board and stated that he was before the Board at this time as a private citizen and not as a member of the Planning and Zoning Commission. It was noted that Mr. Harper had filed a Notice of Appearance Form.

Mr. Sandy Minkoff, County Attorney, stated that the Notice of Appearance before the Board at this time was a request to have status in this proceeding as a party; however, the applicant or any other party has a right to object to participation, and the Board has the authority to determine whether to allow the Notice of Appearance. He explained that, to have status as a party, it must be shown that the individual has a special interest other than an interest as a citizen. He stated that special interest was typically in land use adjacent ownership or ownership within a specific distance, or to have a direct benefit or detriment to this zoning case.

Mr. Richey indicated that he had no objection to Mr. Harper testifying in support of this request.

Commr. Cadwell expressed his concern with a member of the Planning and Zoning Commission providing testimony before the Board of County Commissioners; at which time, extensive discussion occurred in regard to Mr. Harper testifying in this case.

Commr. Hanson expressed concern that allowing a member of the Planning and Zoning Commission to testify before the Board would set a precedent that the Board should not allow.

Mr. Harper explained that there were exhibits that he was not allowed to present at the Planning and Zoning Commission meeting, and his testimony would provide valuable information to the Board based on his expertise in this field.

Commr. Gerber stated that there was no policy in place at this time to prevent Mr. Harper from testifying; therefore, she would recommend that Mr. Harper be allowed to testify; at which time Commr. Good concurred with Commr. Gerber.

Commr. Swartz noted that the Board was in the process of reviewing the quasi judicial rules and, in the absence of any rules at this time, he would not support denying a citizen the right to present information.

At this time, Mr. Julian Harper withdrew his Notice of Appearance and stated that he would address the Board either as a citizen, or as Mr. Richey's witness.

Mr. Julian R. Harper, a resident of Howey-in-the-Hills, appeared before the Board as a citizen in support of this request and stated that the proposed use was an excellent adaption of the subject property. At this time, he presented nine (9) photographs illustrating that the County was in the process of using impact fees to improve and widen the roadway to accept the industrial and commercial impact that would be experienced in the area of County Road 48 and State Road 33; problems created by the substandard geometry at the intersection of County Road 48 and State Road 33; substandard conditions of the shoulders; and the need for intersection improvements.

At this time, Mr. Richey entered the above noted photographs into evidence (Applicant's Exhibits A - I). In response to a question presented by Mr. Richey, Mr. Harper stated that the damage to the roadway, as illustrated in the photographs, was the result of all vehicular traffic in the area.

Mr. Lester Coggins, Coggins Trucking Company, appeared before the Board and responded to questions presented by Mr. Richey. He testified that, as part of the site plan approval to add an additional facility, Coggins Trucking Company was in the process of meeting roadway requirements and would continue to participate and assist the County in working on the roadways as part of the process.

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

Mr. Richey directed the Board's attention to Page 2 of the Ordinance and requested that additional language be inserted under Terms, A., as follows: "Use of the site shall be limited to those uses of the MP (Planned Industrial) zoning district with LM (Light Industrial) uses to include a truck driving school and warehouse."

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 rezoning from A (Agriculture) to MP (Planned Industrial) with LM (Light Industrial) uses; as amended to add under Terms: A. "to include" to add property adjacent to the existing trucking facility for the establishment of a truck driving school and truck warehouse - Ordinance No. 1996-27.

PETITION NO. CUP#96/3/3-4 CUP IN A CELIA E. CASTIGLIONE FOR

JERRY AND NANCY NEWTON

Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this was a request for a Conditional Use Permit (CUP) in A (Agriculture) in the Pine Lakes area for a canine kennel for purposes of hobby, breeding and training of Rottweilers on a ten (10) acre parcel. She explained that Jerry and Nancy Newton had previously requested rezoning on a five (5) acre parcel; however, withdrew the request due to concerns expressed by the neighbors. She further explained that the request was to establish a kennel to allow up to twenty (20) animals on the property at any one time and that the applicants would reduce the number of animals to fifteen (15), if deemed necessary. She stated that this rezoning was consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations. She stated that staff recommends approval of a CUP (Conditional Use Permit) in A (Agriculture) with the conditions as outlined in the ordinance and that the Planning and Zoning Commission recommended approval of a CUP (Conditional Use Permit) in A (Agriculture). She noted that letters have been received in opposition and in support of this request. At this time, Mr. Jeff Richardson, Planner II, Office of Development Regulation Services, presented a video (County Exhibit 1) of the site and noted the roads that were county maintained roads and those that were not county maintained roads.

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

Mr. Sandy Minkoff, County Attorney, stated that a Notice of Appearance had been filed by Mr. Julian R. Harper.

Commr. Cadwell, as the Chairman of the Board of County Commissioners, stated that Mr. Harper did not have standing under the Notice of Appearance but would have the ability to speak under public comment as a citizen.

Mr. Jerry Newton, the applicant, appeared before the Board and explained that the proposed kennel was for the purpose of boarding his own show animals. At this time, he distributed a letter from Arden Hill Internists, P.A., dated March 25, 1996, (Applicant's Exhibit A), in regard to the health of his wife; a letter from Angie Brown, dated March 22, 1996, (Applicant's Exhibit B); and a letter from Brenda L. O'Brien, dated March 22, 1996 (Applicant's Exhibit C), in support of this request. He discussed the issue of barking dogs, the location of the property in question, and explained that they travel to dog shows throughout the country. He stated that all of the dogs were double and/or triple fenced and were in the outside area only when they were at home.

Ms. Klari Hoisington, a adjacent property owner, appeared before the Board and requested that Mr. Julian R. Harper and Ms. Holly Greene represent her in this case. She explained that her property was purchased for her family three years ago to raise their children in a safe environment. She stated that they raise livestock, and the proposed kennel could jeopardize their lifestyle and the safety of the livestock and children in the area. She expressed concern with the waste created by the dogs, and the pesticides used to control the fleas. At this time, Ms. Hoisington noted the location of her property on an aerial map displayed on the monitor.

Ms. Barbara Snyder, a local resident, appeared before the Board in opposition to this request and expressed concern with the noise level, and the number of dogs allowed on the property.

Ms. Holly Greene, President, Pine Lakes Homeowners' Association, appeared before the Board and requested permission to call Mr. Julian R. Harper as a witness and consultant in this case.

Mr. Minkoff stated that only the applicant or the County could call witnesses in this case; however, Mr. Harper could speak as a citizen.

Ms. Joni Maynard, a local resident, appeared before the Board in opposition to this request and stated that she raises farm animals. She requested that the Board deny the request for a kennel in the area before additional problems arise.

RECESS AND REASSEMBLY

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

PETITION NO. CUP#96/3/3-4 CUP IN A CELIA E. CASTIGLIONE FOR

JERRY AND NANCY NEWTON (CONTINUED)

Mr. Julian R. Harper, a resident of Howey-in-the-Hills, appeared before the Board and stated that Ms. Klari Hoisington has requested his representation of her interest in this rezoning.

At this time, Mr. Minkoff requested that he be given the opportunity to research the issue of Mr. Harper's interest in this case and requested that Mr. Harper's testimony be postponed at this time.

Mr. Margaret Powell, a local resident, appeared before the Board and stated that she had no opposition to the kennel or to a breeding facility; however, expressed concern with the use of field fencing, and the safety of the show horses that she raises.

Mr. Albert Greene, a local resident, appeared before the Board in opposition to placing a kennel on the proposed site which was directly behind his property. He expressed concern that the kennel would reduce the marketability of his property due to the noise factor. At this time, Mr. Greene read a portion of an Injunction for Protection Against Repeat Violence, Ronald R. Stevenot, Margaret Stevenot, Petitioner, vs. Jerry Donald Newton, Respondent. At this time, Mr. Bruce Duncan, Assistant County Attorney, reviewed the Injunction for Protection Against Repeat Violence, and determined that said document could not be used as evidence.

Mr. Greene indicated the location of his property on the aerial map on the monitor.

Ms. Creeda M. Vullo, a local resident, appeared before the Board in opposition to this request and noted the location of her property on the aerial map on the monitor. She expressed concern for her safety, and the safety of the children in the area.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to postpone Petition No. CUP#96/3/3-4 until the conclusion of the next zoning case.

PETITION NO. 7-96-2 A TO CFD SOUTH LAKE ANIMAL LEAGUE

Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this was a request for rezoning from A (Agriculture) to CFD (Community Facility District) for an animal shelter for abandoned and abused animals. She explained that the subject property was located on the west side of Baptist Island Road off of State Road 33 and was completely enclosed by a chain link fence. She stated that staff recommends approval as conditioned to rezone the parcel to CFD (Community Facility District) and that the Planning and Zoning Commission recommended denial of this request. At this time, Mr. Jeff Richardson, Planner II, Office of Development Regulation Services, presented a video (County Exhibit 1) illustrating that the area surrounding the site was primarily vacant and agricultural.

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

Mr. James Crawford, Attorney, Stephen J. Richey, P.A., representing the applicant, appeared before the Board and requested that all witnesses be sworn in as well as the opposition.

Mr. Crawford called Ms. Beth McCabe, President, South Lake Animal League, to the podium; at which time the oath was administered by the Deputy Clerk.

At this time, the oath was administered by the Deputy Clerk to Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services; Mr. Jeff Richardson, Planner II, Office of Development Regulations Services; Mr. Don Griffey, Engineering Director, Public Services; and Ms. Paula Blazer, Environmental Program Branch Supervisor.

Ms. Beth McCabe appeared before the Board to answer questions presented by Mr. Crawford in regard to the history of the South Lake Animal League and explained that the League currently uses foster homes for their animals. She briefly discussed their Building Fund account; at which time Mr. Crawford distributed a letter from First Union National Bank of Florida (Applicant's Exhibit A) addressing First Union's association with the South Lake Animal League; and a letter from Dwain E. Zagrocki, DVM, All Care Mobile Animal Hospital, (County Exhibit B), expressing his support of the South Lake Animal League. Ms. McCabe explained that the South Lake Animal League has been before the Board on a previous occasion, and was denied, and they have presented two (2) other parcels to County staff for consideration. She stated that approximately 50 animals were in foster care at this time, and approximately 100 animals were adopted per year. She provided testimony in regard to medical treatment for the animals.

Mr. Crawford distributed a chart illustrating pet overpopulation (Applicant's Exhibit C). Ms. McCabe stated that two uncontrolled breeding cats would escalate to 80,399,780 cats in ten (10) years.

Ms. McCabe responded to questions presented by Mr. Crawford in regard to the significant differences between the site before the Board at this time versus the previous site that had been presented to the Board last year. At this time, Mr. Crawford presented a video (Applicant's Exhibit D) illustrating the interior of the proposed site as Ms. McCabe narrated said video. Mr. Crawford directed the Board's attention to the proposed site plan in the backup, and Ms. McCabe discussed the location of the proposed facility on the site plan and explained that the facility had been moved forward to provide more than a 200 foot setback from the closest neighbors. She stated that the facility would have an exercise area that would be fenced with chain link, and a hot wire along the base line. She stated that vegetation and shrubbery would be planted to buffer the noise of the dogs playing, noting that there would only be five (5) or six (6) dogs out of the kennel at one time. Ms. McCabe stated that the operating hours have not been set; however, she would anticipate hours of operation would be 10:00 a.m. to 3:00 p.m.

Mr. Crawford displayed a copy of an Ownership Plat (Applicant's Exhibit E) on the monitor illustrating the location of the proposed site, and the location of the surrounding property owners.

At this time, Mr. Crawford called Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, to the podium. It was noted that Ms. Farrell had previously been sworn in by the Deputy Clerk. Ms. Farrell testified that the Staff Report finding was that this request was consistent with the Land Development Regulations and with the surrounding neighborhood. She stated that the proposed site was as favorable, if not more favorable than the previous site.

Dwain E. Zagrocki, D.V.M. appeared before the Board to answer questions presented by Mr. Crawford; at which time the oath was administered by the Deputy Clerk. Dr. Zagrocki testified to the positive aspects of the South Lake Animal League. He requested that the Board approve this request because of a need for a quality animal shelter in the community of South Lake County.

Ms. Carol Oglesby, a member of the South Lake Animal League, appeared before the Board to answer questions presented by Mr. Crawford; at which time the oath was administered by the Deputy Clerk. Ms. Oglesby stated that the arguments presented to the Planning and Zoning Commission by the South Lake Animal League were rationale, and reasonable, and she requested that the Board approve the request for this rezoning so that the South Lake Animal League could continue to do positive things in the future for Lake County.

Mr. David Pierce, 4400 Baptist Island Road, appeared before the Board in opposition to this request; at which time the oath was administered by the Deputy Clerk. He stated that Mr. David Roberts, 4440 Baptist Island Road, and Mr. Bruce Eastman, 4234 Baptist Island Road, have requested that he represent them in his statement. He stated that the property in question was zoned A (Agriculture); however, no crops have been produced on the property in the last twenty-five (25) years because of the wet conditions and noted that the majority of the property was in the 100 year flood plain. At this time, Mr. Pierce distributed eight (8) photographs taken after a rain storm on March 2, 1996 of the road condition of Baptist Island Road (Opposition's Exhibits 1-8). He expressed concern that animals would be dropped off at the highway rather than at the facility and concern for the safety of the children in the neighbor and at the summer camp. He stated that his family moved to Baptist Island Road for a quiet lifestyle and expressed concern with the noise of the dogs. At this time, Mr. Pierce responded to questions presented by Mr. Crawford and indicated the location of his property on the Ownership Plat (Applicant's Exhibit E).

Mr. Donald C. Pierce, a resident on Baptist Island Road, appeared before the Board in opposition to this request and stated that his family moved to the area for serenity, peace, and quiet, and that it was not proper for an establishment of this type to come into a residential area. He expressed concern that the proposed kennel would lower the property values in the area. He read, into the record, a deposition from Mr. Meade Jenkins, an adjacent property owner, which indicated Mr. Jenkins' opposition to this request, and concern that the proposed rezoning would lower his property value. At this time, Mr. Pierce stated that he was representing Mrs. Pierce, his wife; and Mr. Bob Pierce, a local property owner. He read, into the record, a deposition expressing his opposition to this request and indicating that this land was environmentally sensitive and surrounded on three sides by water or wetlands. He expressed concern that, if this land was rezoned, it would be spot zoning and requested that the Board consider the property owner's rights and not overturn the Planning and Zoning Commission's recommendation. At this time, Mr. Pierce responded to questions presented by Mr. Crawford in regard to Baptist Island Road.

Mr. Barney Burns, a resident of Baptist Island Road and Highway 33, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Burns expressed his opposition to this rezoning and a concern with stray dogs in the area of the proposed South Lake Animal League.

Ms. Sharon Farrell reappeared before the Board to address questions presented by Mr. Crawford and stated that, if the Board approves a proposed Land Development Regulations variance, the subject property would then have the ability to be split into two (2) properties, which would result in approximately twenty (20) trips per day according to the ITT Manual.

Mr. Donald Griffey, Engineering Director, appeared before the Board to address questions presented by Mr. Crawford; at which time it was noted that Mr. Griffey had been previously sworn in by the Deputy Clerk. Mr. Griffey discussed Baptist Island Road, and the maintenance of said road. Mr. Crawford distributed a copy of the maintenance record (Applicant's Exhibit F) for Baptist Island Road and stated that the record indicates that said road has been graded thirty-seven (37) times since May 1995.

Ms. Beth McCabe reappeared before the Board to address questions presented by Mr. Crawford. Mr. Crawford presented on the monitor a copy of the Flood Insurance Rate Map (Applicant's Exhibit G), and Ms. McCabe testified to the dry and wetland areas of the property in question. Mr. Crawford presented on the monitor a preliminary conceptual plan of the facility (Applicant's Exhibit H); at which time, Ms. McCabe discussed said facility. Mr. Crawford presented a video of the Lake County Animal Control Shelter (Applicant's Exhibit I) illustrating the noise level of the facility. Ms. McCabe stated that the facility would be required to have four (4) septic tank setups to handle the human waste, liquid waste, and solid waste. Ms. McCabe discussed the issue of dogs being dropped off in the area of the facility and explained that consideration has been given to installing surveillance cameras at the front gate to discourage dropping off of animals at the site. She stated that animals dropped off at the site would be taken into the facility.

Mr. Crawford directed the Board's attention to the Ordinance, and requested that the following clarification be added to B. Setbacks: "The kennel structures and exercise areas shall maintain a two-hundred (200') foot setback....". At this time, Mr. Crawford presented on the monitor a map from the Lake County Water Authority (Applicant's Exhibit I) and overlay of the Ownership Map (Applicant's Exhibit J) illustrating the location of the 100 Year Flood Plain. He stated that the applicant has met the legal burdens of providing competent and substantial evidence through staff's expert testimony. He requested that the County allow the South Lake Animal League to put the crowning achievement on their seven (7) years of effort, at which time, he directed the Board's attention to a certified copy of the Board of County Commissioner Regular Meeting Minutes, dated February 28, 1995 (Applicant's Exhibit K). He stated that the South Lake Animal League has answered every concern raised by the Board in the above noted hearing. He requested that the Board recognize their extraordinary efforts to improve the quality of life in South Lake County for both animals and people and approve this rezoning.

In response to a question presented by Commr. Swartz, Ms. McCabe addressed the hours of operation of the kennel and explained that the dogs would be contained inside of the building between the hours of 10:00 p.m. and 8:00 a.m.

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

Commr. Good expressed concern that the Board must maintain the quality of rural communities, and that the increased traffic in rural areas would produce urban problems and create communities which were not rural.

Commr. Swartz stated that potential problems would be reduced by managing the hours of operation, and the hours that the dogs are in the exercise area. He suggested a requirement that the facility be soundproofed, and a requirement that would limit the outdoor run to no more than 200 feet in either direction of the building. He further suggested that a caretaker unit on the premises should be a requirement. He expressed his concern with animals being dropped off in front of the facility and suggested that a drop off area be made available to the public. He noted that the South Lake Animal League would have the ability to transport animals that are dropped off to the Lake County Animal Control Shelter. He stated that he would support this request with the above noted requirements.

Commr. Hanson concurred with Commr. Swartz and stated that she would support this request with the additional above noted requirements. She questioned if there was a method in which the Board could reevaluate concerns that may arise, to which Mr. Sandy Minkoff, County Attorney, suggested that a paragraph be inserted, in the Ordinance, to provide the Board the ability to change the hours of operation during a six month review. Commr. Gerber suggested that the hours of operation be 9:00 a.m. to 6:00 p.m.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board overturned the recommendation of the Planning and Zoning Commission and approved a request from rezoning to CFD (Community Facility District) from A (Agriculture), as amended to include the following changes: the exercise area may only be utilized during the hours of 9:00 a.m. to 4:00 p.m.; six months review period; operation and design to minimize the noise impact; vegetative buffering; and language under Operation Standards that states there must be a caretaker's unit on the property prior to final site plan approval, for an animal shelter for abandoned and abused animals - Ordinance No. 1996-29.

PETITION NO. CUP#96/3/3-4 CUP IN A CELIA E. CASTIGLIONE FOR

JERRY AND NANCY NEWTON (CONTINUED)

Mr. Sandy Minkoff, County Attorney, informed the Board that it was his legal opinion that there would be a Conflict of Interest, per Florida Statutes, for a member of the Planning and Zoning Commission to represent a case for compensation before the Board of County Commissioners that had been previously heard by the Planning and Zoning Commission, and could subject said member to an ethics complaint. He stated that the Board's rules would allow testimony, if no compensation was involved, and the Planning and Zoning Commission member was only expressing an opinion.

Ms. Holly Greene, President, Pine Lakes Community Association, reappeared before the Board and distributed letters of opposition (Opposition's Exhibit A) to this rezoning, and a packet of information (Opposition's Exhibit B) to the Board. At this time, Mr. Newton, the applicant, reviewed the above noted evidence and stated that he had no opposition to the above noted letters being submitted as evidence. Ms. Greene expressed concern with her safety, the safety of visitors to her home, and concern with barking dogs during the evening.

Ms. Diane Fontaine, an adjoining property owner, appeared before the Board in opposition to this request and indicated on the site plan the location of her property. She expressed concern with packs of dogs roaming the neighborhood, and the safety and quality of life for her mother and the children in the neighborhood.

Mr. Willis Smith, a local property owner, appeared before the Board in opposition to this request and discussed the vicious characteristics of Rottweiler dogs.

Mr. Tom Harpin, a local property owner, appeared before the Board and expressed concern with the future direction of the area in regard to development, and suggested that the area was moving toward single family homes. He expressed concern with barking dogs and requested that the Board consider the growth of the area at this time and in the future.

Ms. Barbara Heartley, a local property owner, appeared before the Board in opposition to this request and expressed concern with her safety, the safety of her animals, and the decreased value of her property if a kennel were to be allowed in the area.

Ms. Brenda Assentes, a local property owner, appeared before the Board to express concern with the safety of the children who visit in the area daily. She requested that the Board take into consideration the number of children in the neighborhood, and the safety of the children and the animals.

Mr. Julian R. Harper, a resident of Howey-in-the-Hills, appeared before the Board and stated, for the record, that he was speaking as a citizen of Lake County. He presented a copy of portions of the Lake County Comprehensive Plan (Opposition Exhibit 16) and noted that the portions of said plan that were highlighted were areas that would possibly be violated if this request were approved.

RECESS AND REASSEMBLY

At 1:30 p.m., the Chairman announced that the Board would recess for lunch and would reconvene at 2:30 p.m.

PETITION NO. CUP#96/3/3-4 CUP IN A CELIA E. CASTIGLIONE FOR

JERRY AND NANCY NEWTON (CONTINUED)

At this time, Mr. Julian Harper reappeared before the Board and read a statement that addressed the land use impacts on adjacent properties by a dog kennel, and stated that the negative effects of a non-conforming land use outweigh the positive effects. He discussed the fears of non-owners of Rottweiler dogs and directed the Board's attention to a newspaper articled (Opposition's Exhibit 14). He addressed the issue of why dogs bark. At this time, Mr. Harper presented to the Deputy Clerk a number of items for the Board's review. Mr. Harper requested permission to show a video presentation; however, it was the decision of the Board to deny said request.

Mr. Newton reappeared before the Board to present closing remarks and stated that he would accept any restrictions that the Board may wish to include in his request for a Conditional Use Permit.

At this time, the Chairman closed the public hearing portion of the meeting.

Commr. Hanson expressed concern with the requirement for a kennel for twenty (20) dogs; at which time, Mr. Minkoff informed the Board that an ordinance addressing a change in the Land Development Regulations pertaining to kennels would be discussed later in the meeting. Commr. Hanson stated that this was not a commercial operation, and her concern was with the fact that the dogs were Rottweilers.

Commr. Gerber stated that the security factor and the noise factor were the primary issues and noted that the noise factor would be addressed in the Conditional Use Permit. Ms. Farrell interjected that fence security could be added under Operation Standards in the ordinance. Commr. Gerber suggested that buried electronic fencing/dog collars be used where the field fence was being proposed.

Commr. Good requested that the facility that houses the animals be soundproofed.

Commr. Swartz stated that the key to the intent in the future was to differentiate that which was commercial from that which was clearly not commercial. He stated that the zoning on three sides of the property in question was R-1 (Rural Residential) and that this request was not compatible with what appears to be on the ground or consistent with the rural type of land use that was being developed in the area. He stated that he would not support this request because, to some extent, it was commercial.

Commr. Hanson stated that she would not support this request because of the impending change in the Land Development Regulations, the safety issue, and the need to resolve the issue of commercial use versus hobby use.

Commr. Hanson made a motion, which was seconded by Commr. Swartz, to overturn the recommendation of the Planning and Zoning Commission and deny the request for a Conditional Use Permit (CUP) in A (Agriculture) without prejudice.

Commr. Good requested a timeframe on the proposed Land Development Regulations changes; at which time, Mr. Minkoff responded that two ordinances were on the agenda this date requesting permission to advertise and, if the Board approves to advertise the Land Development Regulations changes, they would go through the next cycle in May.

Commr. Cadwell expressed concern that the applicant may not qualify under the new regulations and, by denying this request, would be putting the applicant in the position of going through the whole process again.

Commr. Good stated that the issue was that the rules allow a CUP (Conditional Use Permit) in A (Agriculture) at this time. He stated that, if this request was denied without prejudice, it could be brought back within one year based on the proposed changes in the Land Development Regulations. He stated that he would not support denial of this request without prejudice.

Commr. Cadwell stated that, under the proposed CUP (Conditional Use Permit), the Board did have the ability to limit the uses, and require specific ways in which to contain the dogs. At this time, Commr. Hanson withdrew her motion for denial of a CUP (Conditional Use Permit) in A (Agriculture) and explained that the controls in place at this time may not be in place in ninety (90) days.

Commr. Swartz withdrew his second to the motion.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried by a 4 - 1 vote, the Board upheld the Planning and Zoning Commission recommendation to approve a request for a Conditional Use Permit (CUP) in A (Agriculture), as amended to include the following changes: Operation Standards: 2. The exercise area may only be utilized during the hours of 9:00 a.m. to 4:00 p.m.; security perimeter fencing; soundproof building; six month review period; strike hobby language; and include B. Setbacks: change "200" feet from all property lines to 100, for a canine kennel for purposes of hobby, breeding, and training - Ordinance No. 1996-28.

Commr. Swartz voted "No".

RECESS & REASSEMBLY

At 3:25 p.m., the Chairman announced that the Board would recess and reconvene at 3:30 p.m.

PUBLIC HEARINGS

PLANNING/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, establishing Procedural Guidelines to Govern the Conduct of Proceedings, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY FLORIDA; ESTABLISHING PROCEDURAL GUIDELINES TO GOVERN THE CONDUCT OF PROCEEDINGS AUTHORIZED BY SECTION 70.51, FLORIDA STATUTES (1995); CREATING SECTION 14.20 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS, APPENDIX E OF THE LAKE COUNTY CODE CONSISTING OF SUBSECTIONS 14.20.01-14.20.24; PROVIDING PURPOSE AND INTENT; PROVIDING DEFINITION; SETTING TIME REQUIREMENTS AND MAKING PROVISION FOR COPIES; ESTABLISHING STANDARDS OF CONDUCT; PROVIDING FOR ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW; PROVIDING FOR PRE-INITIATION MEETING; PROVIDING FOR REQUEST FOR RELIEF; PROVIDING FOR SELECTION OF SPECIAL MASTER; ESTABLISHING SPECIAL MASTER AGREEMENT; FEES AND EXPENSES; PROVIDING FOR RESPONSE TO REQUEST FOR RELIEF; PROVIDING FOR ADDITIONAL PARTIES TO THE PROCEEDING; PROVIDING FOR OTHER PERSONS WHO MAY PARTICIPATE; PROVIDING FOR CONSOLIDATION; PROVIDING FOR REPRESENTATIVES; ESTABLISHING ORDER OF THE PROCEEDING; ESTABLISHING MEDIATION PHASE; PROVIDING FOR INFORMATION-GATHERING HEARING; PROVIDING FOR WITNESSES AND MATERIALS; PROVIDING FOR ACCESS TO THE PROPERTY; PROVIDING FOR OFFER TO COMPROMISE; PROVIDING FOR SETTLEMENT; PROVIDING FOR SPECIAL MASTER'S RECOMMENDATION; PROVIDING FOR EFFECT OF SPECIAL MASTER'S RECOMMENDATION; PROVIDING FOR DISPOSITION OF SPECIAL MASTER'S RECOMMENDATION; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Minkoff explained that this ordinance outlines the procedures for the Special Master proceedings under the new Property Rights Act, Section 2.

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. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1996-24, an Ordinance Establishing Procedural Guidelines to Govern the Conduct of Proceedings, as read on its final reading, by title only.

PLANNING/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending the Land Development Regulations amending Minor Lot Splits, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER XIV ADMINISTRATION; PROVIDING FOR THE AMENDMENT OF SECTION 14.10.01 MINOR LOT SPLITS, 14.10.02 FAMILY DENSITY EXCEPTION, AND 14.10.03 AGRICULTURAL LOT SPLITS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. Susan Strum, Planner III, Planning and Development Services Division, appeared before the Board and stated that the basic change was a recognition for all Minor Lot Splits, Family Density Exception, and Agricultural Lot Splits. She explained that the process has been changed to an initial submission, which deletes the requirement for a legal description, and adds the requirement for soil maps, aerial photograph, property record card, warranty deed and, at final approval, a survey.

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

Mr. Steven Richey, Attorney, appeared before the Board to speak in support of the Minor Lot Split and Family Density Exception changes that were being proposed. He briefly discussed the requirement for a survey, and the variance process to the lot split process. He stated that, on behalf of his clients, he would request that the Board allow the variance process to be reinstated and allowed to function in a very restricted way.

Commr. Swartz requested that staff carefully review applications for a variance to the lot split process in light of the requirements that would indicate a variance might be appropriate, and present those positions to the Board of Adjustments.

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

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1996-20, an ordinance amending the Land Development Regulations amending Minor Lot Splits, as read on its final reading, by title only.

PLANNING/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending the Land Development Regulations creating Lot Line Deviation Adjustment, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER XIV ADMINISTRATION; PROVIDING FOR THE CREATION OF SECTIONS 14.20.00 THROUGH 14.20.07 LOT LINE DEVIATION/ADJUSTMENT; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Minkoff explained that this was the section that would allow lots of record or legally created lots to be reconfigured without increasing the number of lots. He further explained that it would allow property owners to move their lots around without going through a new lot split process.

Mr. Gary Mueller, Planner I, Planning and Development Services Division, appeared before the Board and explained that staff felt a need for a necessary process to take forward rather than a lot split application process.

In response to a question presented by Commr. Swartz, Ms. Farrell stated that similar language to the minor lot split language could be added to Section 14.20.02, Standards D. that states that a minor lot split shall not be approved within a platted subdivision when such lot split changes the character of the subdivision, or where the lot split increases the density beyond the general nature of the subdivision. Commr. Swartz stated that he would not object to indicating that the County Manager or designee would have the ability to look at these requests.

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

Ms. Cecelia Bonifay, Attorney, McQuire, Voorhis, Wells, P.A., representing several clients who are affected by this ordinance, appeared before the Board and urged the Board to approve this ordinance, as amended with the above noted language added to Section 14.20.02.

Mr. Minkoff stated that language under Section 14.20.02 Standards D. would be deleted and the following language would be inserted: A lot line deviation/adjustment shall not be approved within a platted subdivision when such lot line deviation/adjustment changes the character of the subdivision, or where the lot line deviation/adjust increases the density, beyond the general nature of the subdivision.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1996-21 amending the Land Development Regulations creating Lot Line Deviation Adjustment, as read on its final reading, by title only, as amended to include the above noted language under Section 14.20.02, Standards.

PLANNING/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Land Development Regulations creating Purchased Development Rights, on the floor, for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER IV SPECIAL DISTRICTS; PROVIDING FOR THE CREATION OF SECTIONS 4.05.00 THROUGH 4.05.03 PURCHASED DEVELOPMENT RIGHTS OVERLAY DISTRICT (PDR); PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

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

Mr. Steven Richey, Attorney, appeared before the Board and briefly discussed the Planning and Zoning Commission recommendation that there be a provision in this ordinance that would allow for a variance to allow limited development rights to be retained on a case by case basis which would provide greater flexibility. Mr. Richey further discussed the Planning and Zoning Commission recommendation that homestead be allowed on property, if said property contains a residence at the time of purchase of development rights.

Discussion occurred in regard to the recommendation of the Planning and Zoning Commission to allow homestead exemption. Ms. Susan Strum, Planner III, Planning and Development Regulations Services Division, explained that it was the understanding, after speaking with Rebecca Jetton, Green Swamp Land Authority, that homestead exemption was one of the issues being reviewed by the Green Swamp Land Authority. She stated that she was in receipt of a letter from Ms. Jetton indicating that the Green Swamp Land Authority would support deleting the section pertaining to homestead exemption.

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

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1996-22, amending the Land Development Regulations creating Purchased Development Rights, as read on its final reading, by title only, with the following changes: delete language under Section 4.05.03 B. "Homestead exemption on this site is not allowed"; substitute language under D. "Development will be allowed in accordance with the agreements made in conjunction with the sale of the development rights to another agency, individual, corporation or organization consistent with the Land Development Regulations and the Lake County Comprehensive Plan"; and insert language under Section 4.05.03, A., "no approvals for development shall be allowed except as allowed in this section".

PLANNING/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending the Land Development Regulations amending Small Scale Development Activities, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER XIV ADMINISTRATION; PROVIDING FOR THE AMENDMENT OF SECTION 14.02.10 EXCEPTIONS TO THE STATUTORY LIMITATION OF NOT MORE THAN TWO (2) AMENDMENTS PER CALENDAR YEAR, C. SMALL SCALE DEVELOPMENT ACTIVITIES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. Susan Strum, Planner III, Planning and Development Services Division, appeared before the Board and explained that the changes were to bring the County in compliance with the State of Florida regulations as amended during the last legislative session.

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

There being no one present wishing to discussion this issue, 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 Ordinance No. 1996-23, an ordinance amending Small Scale Development Activities, as read on its final reading, by title only.



PLANNING/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending the Land Development Regulations amending Fences, Adding Walls, Landscaping, Agricultural Crops, Silvicultural Crops, Building Appurtenances, Changing Setbacks and the Ability to Place Fences in Right-of-Way, Roads, Drainage and Utility Easements, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER III ZONING DISTRICT REGULATIONS; PROVIDING FOR THE AMENDMENT OF SECTION 3.02.05.E FENCES, ADDING WALLS, LANDSCAPING, AGRICULTURAL CROPS, SILVICULTURAL CROPS, BUILDING APPURTENANCES, CHANGING SETBACKS AND THE ABILITY TO PLACE FENCES IN RIGHT-OF-WAY, ROAD, DRAINAGE, AND UTILITY EASEMENTS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

Discussion occurred in regard to language under Section 3.02.05, Setback; at which time, Mr. Minkoff requested that the following language be deleted under Item 1. "shall not be located within public rights-of-way or easements and".

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

Mr. Steven Richey, Attorney, appeared before the Board and discussed the recommendations by the Planning and Zoning Commission and expressed concern that said recommendations were not before the Board at this time for consideration. He discussed Right-of-Way Utilization Permits and stated that wording was suggested by the Planning and Zoning Commission to indicate that the conditions of the Right-of-Way Utilization Permit be subject to the terms and conditions as approved by the County Manager or designee.

At this time, staff displayed on the monitor comments made by the Planning and Zoning Commission, as follows:

1. On Page 3, Line 2, the sentence should read "The County Manager or designee may allow fences, walls, landscaping, agricultural crops, silviciltural crops, and building appurtenances to be placed temporarily in a right-of-way, road or drainage easement with a right-of-way Utilization Permit, subject to the terms and conditions as approved by the County Manager or designee." The next sentence beginning on Line 5 should be eliminated.



2. All information should be included within the Ordinance rather than referring to other subsections.



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

Commr. Hanson noted that the language suggested by the Planning and Zoning Commission provided additional flexibility.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1996-24 amending fences, adding walls, landscaping, agricultural crops, silvicultural crops, building appurtenances, changing setbacks and the ability to place fences in right-of-way, roads, drainage and utility easements, as read on its final reading, by title only, with the above noted changes as recommended by the Planning and Zoning Commission.

PLANNING/ORDINANCES (CONTINUED)

Ms. Strum stated, for the record, in reference to Ordinance No. 1996-20 regarding amendment of Section 14.10.01, Minor Lot Split, that it was the recommendation of the Planning and Zoning Commission that the Board revisit the agricultural lot split in the future and consider changing the agricultural lot split from a forty (40) acre parcel requirement to a five (5) acre parcel requirement.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

OTHER BUSINESS

PLANNING/COUNTY ATTORNEY

At this time, the Board acknowledged issuance of the following vested rights determinations:

1. Shangri-La Shores (Shangri-La By The Lake, Phase IIB) Subdivision - Vested Rights Determination Issued 2/18/95. Lake County denies any vested rights associated with Shangri-La Shores (Shangri-La By The Lake, Phase IIB) Subdivision.



2. John's Lake Estates Subdivision - Vested Rights Determination Issued 2/22/96. Lake County determines certain vested rights associated with John's Lake Estates Subdivision. Lake County will not deny the property owner, continuing in good faith to develop the vested project, the opportunity to complete the John's Lake Estates Subdivision in accordance with the preliminary plan approved by the Lake County Technical Review Committee on December 5, 1991, subject to all conditions expressed by the Technical Review Committee.



For the purpose of this vested rights determination, continuing in good faith to develop the vested project shall mean that a final plat has been approved by the Board of County Commissioners and recorded in the public records of Lake County, Florida, for Phase One of the vested project, within two (2) years from the date of this vested rights determination, and a final plat for Phase Two shall be approved by the Board of County Commissioners and recorded in the public records of Lake County, Florida, within five (5) years from the date of this vested rights determination.



Notwithstanding any vested rights associated with the John's Lake Estates Subdivision, the developer shall not be relieved from paying any fees associated with any development order or development permit issued by Lake County, or any fees associated with the concurrency management system adopted by Lake County.



3. Chris' Landing PUD (Ordinance 54-91) - Vested Rights Determination Issued 2/22/96. Lake County determines certain vested rights associated with Chris' Landing PUD (Ordinance 54-91). Lake County will not deny the property owner, continuing in good faith to develop the vested project, the opportunity to complete the project in accordance with terms established in Ordinance 54-91.



For the purpose of this vested rights determination, continuing in good faith to develop the vested project shall mean that a final plat for:



Phase I, as specified in Ordinance 54-91, has been approved by the Board of County Commissioners and recorded in the public records of Lake County, Florida, within one (1) year from the date of this vested rights determination; and



Phase II, as specified in Ordinance 54-91, has been approved by the Board of County Commissioners and recorded in the public records of Lake County, Florida, within four (4) years from the date of this vested rights determination.



REPORTS

COUNTY MANAGER

Ms. Sue Whittle, County Manager, distributed a copy of the "Review of the Department of Planning and Development" prepared by the "Magic" Innovation Team and informed the Board that a workshop would be scheduled in the near future to discuss the recommendations and policy issues that were contained in said report.

No action was required at this time.

COUNTY ATTORNEY

ORDINANCES/PLANNING

Mr. Sandy Minkoff, County Attorney, presented the request for approval to advertise an Ordinance amending Chapter 4, Lake County Code, relating to animals; and approval to advertise an Ordinance amending the Lake County Land Development Regulations, amending Chapter II, Definitions, regarding the definition of kennel. He noted that Mr. Bruce Duncan, Assistant County Attorney, was present to discuss these issues.

Commr. Swartz recommended that the above noted ordinances be discussed in a workshop as soon as possible. He stated that there were definitions that should be reviewed very closely by the Board prior to approval.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to instruct staff to schedule a workshop, to include the Board, County staff, and members of the Animal Control Study Committee, for the purpose of discussing an ordinance amending Chapter 4, Lake County Code, relating to animals; and to discuss an Ordinance amending the Lake County Land Development Regulations, amending Chapter II, definitions, regarding the definition of kennel; with said workshop opened for public comment.

SUBDIVISIONS/PLANNING

Commr. Good declared a Conflict of Interest on this issue and stated that he served on the South Lake Foundation Board.

Mr. Sandy Minkoff, County Attorney, informed the Board that South Lake Development was required to pay fire impact fees in advance of the County Fire Ordinance; however, said fees were not collected at the time that the initial stage of the development was completed. He stated that staff has put a hold on all future permits for the development until such time that the amount of the fee could be resolved and paid. He explained that an agreement has been negotiated that would require the developer to pay back the fees at a rate of $100.00 per single family permit until said fees were paid. He stated that the developer has indicated that said fees would be paid within a two (2) year period. He further stated that the developer has requested that the Board allow building permits for carports on the existing development in advance of getting an agreement signed.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried by a 4 - 0 vote, the Board approved to instruct staff to negotiate an agreement, with South Lake Development, for the County to receive the fire impact fees as required in the development approval, or to negotiate a time certain that guarantees that the County would receive payment within a specific timeframe; and approved to allow issuing of permits for carports in advance of presenting the signed document to the Board if an acceptable agreement was reached within the above noted perimeters.

Commr. Good abstained from the discussion and vote.

ADDENDUM NO. I

REPORTS

COUNTY MANAGER

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Ms. Sue Whittle, County Manager, presented the request for appointment of two (2) individuals from Lake County government to serve on the Lake Regional Committee.

Discussion occurred in regard to the appointments of representatives to the Lake Regional Committee, and it was the decision of the Board to postpone one appointment until a future date.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Commr. Cadwell, Chairman of the Board of County Commissioners, to serve on the Lake Region Committee as Lake County Government representative.

CONTRACTS, LEASES & AGREEMENTS

Mr. Alvin Jackson, Assistant County Manager, appeared before the Board to present the approval of the Interlocal Agreement for the Service Delivery Area of Lake and Sumter County.

Commr. Good briefly discussed the number of Public Sector Board Members and expressed concern that there was not a representative involved in the delivery of vocational education.

Mr. Jackson clarified that the number of Public Sector Board Members indicated in the agreement were as outlined in Florida Statutes.

Commr. Swartz discussed the method in which the initial number of Lake-Sumter Service Delivery Area Council Members were determined and explained that the total number from the private sector that would represent each county in accordance with the requirements were twelve (12) from Lake County and eight (8) from Sumter County.

Commr. Cadwell expressed his appreciation to Commr. Swartz for his work on the Interlocal Agreement before the Board at this time.

Mr. Jackson noted that the deadline for submission of applications for the nominations for individuals to serve on the local and regional Jobs and Education Partnership Board was April 8, 1996.

COMMISSIONERS

At 4:40 p.m., the Chairman, Commr. Cadwell, turned the Chairmanship over to the Vice Chairman, Commr. Good.

CONTRACTS, LEASES & AGREEMENTS (CONTINUED)

In response to a question presented by Commr. Gerber, Mr. Minkoff explained that a five county consortium consisting of the County Chairman from the counties of Orange, Osceola, Seminole, Lake and Sumter would determine the initial membership of the Board Members. Mr. Jackson interjected that, once the Board was seated, if deemed appropriate, the Board would have the authority to appointment one private school representative from each county.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried by a 3 - 0 vote, the Board approved the request for approval and execution of the Interlocal Agreement for the Service Delivery Area of Lake and Sumter County.

Commr. Hanson and Commr. Cadwell were not present for the discussion or vote.

COMMISSIONERS

At 4:45 p.m., the Vice Chairman, Commr. Good, returned the Chairmanship to the Chairman, Commr. Cadwell.



COMMISSIONER GERBER - DISTRICT NO. 1

RESOLUTIONS

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried by a 4 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1996-52, supporting the Consultant's Competitive Negotiation Act.

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

COMMISSIONER SWARTZ - DISTRICT NO. 3

RESOLUTIONS

Commr. Swartz made a motion, which was seconded by Commr. Good, to approve and execute Resolution No. 1996-53, supporting the Florida Environmental Education Program.

Commr. Gerber requested that the Board include a letter with the resolution indicating that Lake County has an Environmental Education Task Force and appreciates the help that has been provided by the Florida Advisory Council on Environmental Education (FACEE) and that Lake County supports keeping FACEE in the Florida Legislature and not moving FACEE into another agency.

The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.

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

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5

RESOLUTIONS

On a motion by Commr. Good, seconded by Commr. Gerber and carried by a 4 - 0 vote, the Board approved the request for approval and execution of Proclamation No. 1996-54, proclaiming the period of March 10 through March 16, 1996 as Employ the Older Worker Week in Lake County.

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

COMMITTEES

Commr. Cadwell brought up for discussion the need for a policy in regard to members of appointed Boards representing said Boards before the County Commission.

Mr. Donald Miller, member of the Planning and Zoning Commission, appeared before the Board representing himself and stated that the Board should look at the policy of all appointed Boards in regard to a member appearing before the Board of County Commissioners to provide testimony in support or in opposition of a specific issue that had been previously addressed by the appointed Board.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board directed staff to draft language

to amend the Lake County Code in regard to members of all appointed Boards appearing before the Board to discuss specific issues that had been previously addressed by the appointed Board.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:55 p.m.



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WELTON G. CADWELL, CHAIRMAN





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JAMES C. WATKINS, CLERK



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