The Lake County Board of County Commissioners met in regular session on Tuesday, January 27, 1998, 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: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
There were no changes to the Agenda.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARINGS
ROAD VACATIONS
PETITION NO. 856 - BILLY AND NANNETTE EVANS - HOWEY-IN-THE-HILLS
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a petition by Ms. Linda Beal, Clermont Realty, Inc., to vacate a road right-of-way, in Parksdale Subdivision, Section 11, Township 21, Range 25, Howey-in-the-Hills area, east of S.R. 19. He stated that the property was vacant land and that the plat was approximately 100 years old. He stated that the request involved a lot split issue, where the section of right-of-way in question would be vacated. He stated that staff was recommending approval of the request.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Resolution No. 1998-13, Road Vacation Petition No. 856, by Billy and Nannette Evans, to vacate a right-of-way, in Parksdale Subdivision, Section 11, Township 21, Range 25, Howey-in-the-Hills area - Commission District 2.
PETITION NO. 857 - JAMES R. MOCHOW - UMATILLA
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a petition by Mr. James R. Mochow, to vacate a right-of-way for Bernice Avenue, in the Plat of Dream Lake Poultry Ranches, Section 5, Township 18, Range 26, Umatilla area - Commission District 5. He stated that the right-of-way was located on Hwy. 450, west of Umatilla, near the Marion County line. He stated that Lots 5, 6, 8, 9, 10, 11 and 12, in the Plat of Dream Lake Poultry Ranches, have been grouped together and the right-of-way will be vacated, accordingly. He stated that no roads in the area would be impacted by said vacation.
The Chairman opened the public hearing.
It was noted that the applicants were present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Resolution No. 1998-14, Road Vacation Petition No. 857, by James R. Mochow, to vacate a right-of-way (Bernice Avenue), in the Plat of Dream Lake Poultry Ranches, Section 5, Township 18, Range 26, Umatilla area - Commission District 5.
PETITION NO. 858 - THE LASALLE GROUP, AS TRUSTEE, AND
LAWRENCE E. WHITE, AS TRUSTEE - HOWEY-IN-THE-HILLS
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a petition by The LaSalle Group, as Trustee, and Lawrence E. White, as Trustee, to vacate the plat of Osprey Heights, Phase 1-A, Section 36, Township 20, Range 25, Howey-in-the-Hills - Commission District 3. He stated that the entire plat was being vacated, except for a right-of-way along Buckhill Road. He stated that there were questions associated with how the development evolved and rights that will be lost by vacating the plat; however, the applicants are aware of same.
The Chairman opened the public hearing.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, appeared before the Board, representing the applicant, stating that she worked for several months with staff and felt all questions had been answered. She stated that the applicants realize, with the vacation of the plat, their vested rights go with it.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Resolution No. 1998-15, Road Vacation Petition No. 858, by The LaSalle Group, as Trustee, and Lawrence White, as Trustee, to vacate the plat of Osprey Heights, Phase 1-A, Section 36, Township 20, Range 25, Howey-in-the-Hills area - Commission District 3.
CODE ENFORCEMENT/MISCELLANEOUS
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and informed them, for informational purposes, that Saturday, January 31, 1998, the Code Enforcement Division employees will be facilitating a community cleanup in Umatilla. She noted that Public Works, Golden Gem, and the Sheriff's Office will be participating, as well.
PUBLIC HEARINGS
REZONING
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board stating that the only change to the Rezoning Agenda was that Agenda Item No. 9, Rezoning Case No. PH6-98-2, Lincoln Groves, Inc., Lake County School Board, Tracking No. 5-98-CFD, had been requested to be withdrawn, indefinitely.
A brief discussion occurred regarding the case, at which time it was suggested that it be postponed for 90 days, to allow the applicants time to clarify their position and decide whether or not to definitely withdraw the case.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request to postpone Rezoning Case No. PH6-98-2, Lincoln Groves, Inc., Lake County School Board, Tracking No. 5-98-CFD, until April 28, 1998.
PETITION NO. 4-98-4 - AR TO A - JAMES L. CHAMBERS
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it involved ten acres of land, in the Suburban land use category, off Wolf Branch Road, in Mt. Dora. She stated that the applicant purchased two five acre lots and would like to build a barn, prior to building his site built home; however, the Code currently requires that one have an Agricultural zoning to do so.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, 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 Ordinance No. 1998-10, a request for rezoning from AR (Agriculture Residential) to A (Agriculture), for the construction of a single family residence, barn, and utility building.
PETITION NO. PH1-98-5 - A TO R-1 - RICHARD AND YVONNE SHIRK
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it involved 5.98 acres of land in the Urban Expansion land use category, on a county maintained paved road. She stated that the applicants wish to subdivide and, in order to do so, need to rezone from A (Agriculture) to R-1 (Rural Residential). She stated that staff was recommending approval.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, 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 Ordinance No. 1998-11, a request for rezoning from A (Agriculture) to R-1 (Rural Residential), for the construction of three (3) single family residences. PETITION NO. CUP752A-3 - AMEND EXISTING CUP - DONALD MIFFLIN
LAKE HARRIS LODGE
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it involved a Conditional Use Permit that was approved by the Board in 1975, for the Lake Harris Lodge. She stated that the request was to clean up some of the language in the CUP that does not match what is on the ground, noting that, for the past 16 years, mobile homes have been allowed, in lieu of some of the cottages. She stated that, according to Environmental Health, the lodge is currently in compliance and there are no environmental health issues on the site. She stated that staff was recommending approval of the request.
The Chairman opened the public hearing.
Ms. Leslie Campione, Attorney, representing the owner of the property in question, Mr. Donald Mifflin, and Mr. Clayton Blanchard, who has been working on the case, appeared before the Board stating that she wanted to clarify the fact that, in the original CUP, it specifically allows for an RV park and the owner currently has and has had, for a number of years, 23 RVs on the property. She stated that the new CUP does not refer to that; therefore, she wanted to make sure it is clear that the existing uses are recognized as permanent uses on the property. She stated that the clean up of the CUP refers to mobile homes, as opposed to cabins.
Ms. Farrell stated that the County traded out the RVs for the mobile homes.
Ms. Campione stated that the RVs are set up in the park and stay in tact year round, which is the way it has been for 16 years or more. She stated that it appears, when the original CUP went into effect, the mobile homes were counted as cabins. She stated that the applicant was under the impression that the clean up was to address that particular issue and to allow the existing uses to remain intact.
Ms. Farrell stated that the Environmental Health permit provides for 20 RVs and four mobile homes. She stated that she would like to meet with her staff and make sure that they know what is transpiring, as far as the amendment is concerned.
It was suggested that this matter be postponed until later in the meeting, to allow staff to meet with Ms. Campione and clear up any differences there may be, regarding the case.
No one was present in opposition to the request.
The case was postponed until later in the meeting.
PETITION NO. CUP98/1/1-4 - AMEND LEGAL DESCRIPTION TO EXISTING CUP86/11/1-4 AND ADD FOUR ACRES OF LAND - GEORGIA SIMPSON
SIMPSON TRAINING CENTER
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it involved a 156 acre horse training facility in east Lake County and that the applicant would like to place a caretaker's residence on a four acre tract of the property.
Commr. Hanson disclosed the fact that she had discussed the case with the applicant, when she was trying to work out the permitting process, before it was determined that she would need to obtain a zoning change. She noted, however, that it would not affect her vote, in any way.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-12, Georgia C. Simpson, Simpson Training Center, Rezoning Case No. CUP98/1/1-4, Tracking No. 4-98-CUP, to amend the legal description to existing CUP86/11/1-4 and to add four (4) acres of land, for the placement of a mobile home, for use as a caretaker's residence, to assist with the care and keeping of the horse training facility.
PETITION NO. PH5-98-4 - LM TO CFD - JAMES HARRIS, JR.
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it involved a 1.42 acre site on U.S. 441, at the Orange County line. She stated that the facility has been used as a school and office, over the years, and the applicant is requesting that it be rezoned from LM (Light Industrial) to CFD (Community Facility District), to utilize for a church, school, offices, and child care center. She stated that there was no opposition to the request and that it was approved by the Planning and Zoning Commission, by a 9-0 vote. She stated that it is consistent with the Comprehensive Plan and the Land Development Regulations and staff is recommending approval of the request.
It was noted that, in the future, impacts of additional development may generate requests for road improvements, such as turn lanes, if traffic is sufficient to warrant them.
Commr. Hanson informed the Board that she would be declaring a conflict of interest, with regard to this case, due to the fact that she is the real estate agent listing the property.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-13 , James Harris, Jr., Solid Rock Christian Fellowship, Rezoning Case No. PH5-98-4, Tracking No. 6-98-CFD, to bring the property into conformance, for the continued operation of a school and associated uses; a church with administrative offices and associated uses; and a 24-hour/6 days a week child care center, with a playground area.
Commr. Hanson declared a conflict of interest and did not vote on the matter.
PETITION NO. PH3-98-1 - R-6 TO AR - DUANE L. GOODWIN
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it involved a four (4) acre site, in an urban area of Leesburg. She stated that the applicant was requesting to downzone the site from R-6 (Urban Residential) to AR (Agriculture Residential), to utilize the property for agricultural uses. She stated that there is currently a single family residence, two sheds, and a greenhouse on the property. She stated that staff was recommending approval of the request, although the area is probably more conditioned for commercial uses. She stated that there was no opposition to the request and the Planning and Zoning Commission approved it, by a 9-0 vote.
The Chairman opened the public hearing.
Mr. Steve Richey, Attorney, representing the applicant, Mr. Duane Goodwin, appeared before the Board, stating that the property in question is the old Goodwin homestead, which goes back to the beginning of Lake County. He stated that the applicant's father operated an orchid business on the property, before the County had zoning; however, he became sick and passed away and the nursery fell into disrepair. He stated that the applicant is buying said property from his siblings, in hopes of re-establishing what his father had on the property, from a historical perspective.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Gerber, 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 Ordinance No. 1998-14, Duane Goodwin, Steven J. Richey, Attorney, Rezoning Case No. PH3-98-1, Tracking No. 7-98-Z, for rezoning from R-6 (Urban Residential) to AR (Agriculture Residential), to include an orchid nursery, with the existing uses of a residence, two sheds, and a greenhouse/shed.
PETITION NO. PH2-98-2 - A TO CFD - FRANCES OSWALT
APT TAMPA/ORLANDO, INC./ BRIAN MILDER
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it was a request for a 164 foot lattice wireless telecommunications tower to be located on a four acre site in the Green Swamp Area of Rural Conservation. She stated that the request has been reviewed, with regard to the County's new Tower Ordinance, and it meets the setback requirement of 1,320 feet from the nearest residence, as well as the required structural setback of 50 feet. She stated that there was no opposition to the request and noted that it was approved by the Planning and Zoning Commission, by a 9-0 vote. She stated that staff was recommending approval.
The Chairman opened the public hearing.
It was noted that the applicant, or the applicant's representative, was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-15, Frances Oswalt, APT Tampa/Orlando, Inc.,Brian Milder,
Rezoning Case No. PH2-98-2, Tracking No. 8-98-CFD, for rezoning from A (Agriculture) to CFD (Community Facility District), for the placement of a 164 foot lattice wireless telecommunications tower on the site in question.
PETITION NO. CUP98/1/2-4 - CUP IN RA - DONALD K. MCKINLAY
SPRINTCOM, INC.
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it was a request for a CUP on a 26 acre site, currently zoned RA (Ranchette), in the east Lake County area. She stated that the applicant was requesting approval for a 150 foot monopole telecommunications tower to be located on the site. She stated that it meets the County's structural setback and the setbacks that are required in Section 3.13 of the Code. She stated that there was no opposition to the request and no letters on file. She stated that the Planning and Zoning Commission approved the request, by a 9-0 vote.
Commr. Hanson informed the Board that she had discussed the case with the applicant, before it was put forward as a rezoning change.
The Chairman opened the public hearing.
It was noted that the applicant, or the applicant's representative, was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-16, Donald K. McKinlay, SprintCom, Inc., Rezoning Case No. CUP98/1/2-4, Tracking No. 9-98-CUP, for a CUP in RA (Ranchette), for the placement of a 150 foot monopole telecommunications tower, with antennas and support equipment, on the site in question.
PETITION NO. PH166A-90-4 - MAJOR TEXT AMENDMENT TO PUD ORDINANCE NO. 59-90
Mr. Mark Knight, Principal Planner, Growth Management, appeared before the Board and explained this request, stating that the applicants originally came to the County seeking a non-substantial amendment to a PUD. He stated that the primary issue was a requirement for a central wastewater system; however, the applicants wanted to utilize septic tanks. He stated that the County could not find it to be a non-substantial deviation and required the applicants to submit an application for a formal PUD amendment. He stated that, in the process, the applicants wanted to clarify some other issues in the PUD that were unclear, which the County would see as non-substantial. He reviewed the final draft of the PUD Ordinance, as it was presented at the Planning and Zoning Commission, as follows:
The primary issue with the Central Water System was to allow for connection to an existing water system, instead of having it on site. The PUD was not clear that the applicants could also connect to another central water system, if they so chose.
Staff is recommending approval of the septic systems, with the stipulation that the applicants go to an innovative septic system, where they will be required to pump it out once every five (5) years, consistent with the regulations in the Green Swamp Area of Critical
State Concern. The soils in the area and the three limitations of slight, moderate, or severe, and the category for septic tank limitations are slight limitations for septic systems.
Mr. Knight referred to Page 2 of the PUD Ordinance, at which time he reviewed a plat (County Exhibit A) of the property in question, stating that the PUD boundary and what was legally described in the rezoning ordinance lessed out what is known as the Sorrento Highlands unit plat. He stated that there are 8 lots platted in the Sorrento Highlands plat. He stated that the rezoning ordinance and where the transfer of development rights took place, the legal description lessed out the Sorrento Highlands plat. He stated that the preliminary plans approved by the County, through the development of Phase I, incorporated said area as if it was included in the legal description for the PUD Ordinance. He stated that this changes the legal description to incorporate the land that is part of the Sorrento Highlands plat and make the development of those lots consistent with the PUD itself and incorporate it into the document. He stated that it was owned by the applicants, to begin with, it just was not in the legal description and was not contained in the documentation.
Mr. Knight referred to Item 3, Paragraph 2, on Page 3 of the PUD Ordinance, stating that the language plus the existing 8 lots of the Sorrento Highlands Plat within the site was added, for clarification.
At the end of Paragraph 2, on Page 3 of the Ordinance, the language 7.00.08 of the Lake County Land Development Regulations, as amended was added - a minor change referencing current Land Development Regulations.
On Page 4, Item 10, Potable Water Supply, the language or shall connect to an existing central water system. If the project elects to provide it's own system instead of connecting into an existing system was added, due to the fact that the original language would require them to build their own on site central water system, rather than connect to an existing one. It was noted that the hydrants will be placed on site at 1000' intervals, rather than at 500', and the fire flows will be 750 gpm at 20 psi, rather than 500 gpm at 20 psi.
On Page 4, Item 11, Sanitary Sewer Service, the applicants struck out the requirement for a sanitary sewer service, due to the fact that their intent is to go to an innovative septic system, covered in Item C., on Page 5.
It was noted that the applicants lost 7 points, when they removed the central sanitary sewer service, however, gained 5 points, when they went to an innovative septic system, because the Wekiva River Protection Area is a point rating system that is required for the purchase of development rights. The septic tanks are required to be pumped and cleaned, in accordance with the Land Development Regulations applicable to the Green Swamp Area of Critical State Concern, once every five (5) years.
On Page 4, Item 12 - Irrigation Water Supply, Paragraph B. - Surface Water, dealt with grey water and was reading as if it was limited for the reuse of water. The language The permitted storm water management system has utilized collection of storm water run off from roads to be stored in lined wet detention areas and reused for irrigation purposes. All run off from all parking areas of commercial areas are also collected and stored in wet detention for reuse in irrigation, was added, in place of the original language, dealing with Irrigation Water Supply.
On Page 5, Item 13 - Fire Protection, there was originally a claim for 3 points, which has now been increased to 5 points, due to the fire station proximity to the development.
On Page 6, Item A. 1 - Number and Type of Residential Units, under Land Uses, with regard to the number and type of residential units, the applicants incorporated the Sorrento Highlands plat (8 units), bringing the total units to 130, rather than 122; the minimum lot size permitted within the development was increased from 11,000 to 12,500, with the exception of lots, as approved and recorded in Plat Book 36, Pages 42-45, of the official Lake County records.
On Page 6, Item A. 2. - Setback Requirements, under Land Uses, there were some minor modifications to the setbacks for the development and the applicants are going to request that they be changed once more, to allow the rear setback to be 10 feet from the property line, rather than 5 feet, in order to work with the golf course.
On Page 7, Item I. Land Uses, Paragraph A. 2. - Setback Requirements, lots and setback requirements have been identified for corner lots of 25' front and 15' secondary front yard setbacks, which were clarified, because of the existing development.
On Page 7, Item II. Public Facilities, Paragraph A.- Water and Sewer Facilities, all references to wastewater treatment facilities were deleted, since the applicants were proposing septic systems and then references were made to the current Land Development Regulations.
On Page 8, Item III. Transportation Improvements, conditions upon which transportation improvements will be made were inserted in the Ordinance, to be more current with what the Public Works Engineering Department is using for turn lanes, etc.
On Page 10, Item IV. Fire Protection Requirements, Paragraph 5., fire hydrants will be placed on site at 1000 feet intervals, with 700 gpm, at 20 psi, which is what was required by the Fire Department, through the review, for clarification.
On Page 11, Item VII. Development Phasing, Phase I was modified from 63 single family residential units to 32, and the Sorrento Highlands Unit I plat was added into the phasing aspect of the Ordinance.
On Page 11, Item VIII. Current Planning Requirements, clarification was made, regarding street lighting, in that, rather than the development having the standard overhead street lights, the developer wants to have individual mailbox lights, to be built at the time that a building permit is issued, prior to a Certificate of Occupancy, so that the mailbox/street lights are built, in accordance with the buildings, and permitting will be done, at the time of the driveway permit, to avoid any right-of-way issues.
On Page 13, Item XII. Stormwater Management Requirements, cross-references were made back to current Land Development Regulations, which were not significant.
It was noted that 130 units are proposed for the development.
RECESS AND REASSEMBLY
At 10:00 a.m., the Chairman announced that the Board would recess for 15 minutes.
PETITION NO. PH166A-90-4 - MAJOR TEXT AMENDMENT TO PUD ORDINANCE NO. 59-90 (CONT'D.)
Mr. Mark Knight, Chief Planner, Growth Management, continued to review the PUD Ordinance, with regard to this case, noting that on Page 6 of the Ordinance, it indicates that the development had a total of 142 points; however, the County did a tradeoff on the points, due to the fact that they were originally calculated wrong. He noted that the points should read 137, rather than 142, as shown. He stated that, even with said change, the total number of units of 130 would be allowable under the point system calculation, based on the total net acres, including the golf course.
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and answered concerns they had regarding the deterioration of Lake Norris Road, as a result of the development in question. He stated that Lake Norris Road was resurfaced less than 10 years ago; however, due to the fact that recycled materials were used in said resurfacing, it is deteriorating more rapidly than normal. He stated that it is on the County's list of road projects, for improvements, however, there are other roads that are much higher on the list.
Mr. Don Griffey, Director of Engineering, Public Works, appeared before the Board and answered a concern they had regarding the fact that turn lanes are to be installed from
C-44A onto Lake Norris Road, in the event the level of service at the intersection of C-44A
and Lake Norris Road is downgraded from its adopted level of service, as noted in Item III.-Transportation Improvements, Paragraphs 1. b., on Page 9 of the Ordinance.
Discussion occurred regarding the matter, at which time Commr. Swartz suggested that the language "is downgraded from its adopted level of service", contained in said paragraph, be changed to read "falls below the adopted level of service".
Commr. Cadwell stated that he felt that was the intent of said paragraph, even though it may not have stated it.
The Chairman opened the public hearing.
Mr. Frank Gaylord, Attorney, representing the applicants, appeared before the Board stating that he knew they would have concerns regarding the change from the central wastewater treatment plant to a septic system, therefore, he asked Mr. Paul Booher, a registered engineer with the Florida State Department of Health, who is currently working on an On-Site Sewage Treatment Research Program, to attend this meeting and address the Board, regarding what he feels the impact will be for said change.
It was noted, however, that the Board did not need to question Mr. Booher, at this time.
Commr. Hanson informed the Board that she had conversed with Mr. Mark Carson, the applicant, when he was asking whether said change would be a substantial one, however, noted that said discussion would not, in any way, interfere with her impartial vote.
Commr. Gerber stated that she had discussed the matter with Mr. Carson, as well, some time ago.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, appeared before the Board stating that she represented several (8-9) property owners surrounding the development in question, including Upson Downs. She stated that her clients had reviewed said development, were in total support of it, and would urge the Board to approve the request.
Mr. Steve Richey, Attorney, representing Golf Trust, who is the current owner and operator of the golf course within the development in question, appeared before the Board stating that he and his client had reviewed the proposed PUD amendments before the Board this date and support them. He stated, however, that his client would like to ensure that the rear setbacks remain at 10 feet, because of the golf course, in relation to potential homes and would like to make sure that that provision is amended in the PUD. He stated that his client looks forward to completing the residential component of the project, in conjunction with the golf course, and having a community in which everyone can take pride.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
It was determined that the language "is downgraded from" should be changed to "fall below", in Paragraph III. 1. b., on Page 9 of the Ordinance.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-17, Clar-Mart, Ltd. Partnership (Seminole Springs PUD), Rezoning Case No. PH166A-90-4, Tracking No.
11-98-PUD/AMD, for a major text amendment to PUD Ordinance 59-90, as amended.
An aerial (County Exhibit B) of the property in question was presented, for the record.
PETITION NO. MSP98/1/1-2 - MINING SITE PLAN IN A - DON MEIKLE AND THOMAS MCNEILL
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it involved 116 acres of agriculturally zoned property in the Rural land use category, north of the Florida Rock Industries Turnpike Sand Mine. She stated that the applicant's request was for an MSP (Mining Site Plan), for mining and excavation (electric hydrologic dredge type) of sand on the site. She stated that it went to DRS (Development Review Staff) for comments and review and they recommended approval of the request. She stated that there was one letter of opposition, contained in the Board's backup material, and a letter from Mr. Gary R. Race, Land Resource Planner, Lake County Water Authority, to Mr. Ted Wicks, Wicks Consulting Services, Inc., the consultants for the project, in support of the request, which she distributed to the Board, for their perusal. She answered questions from the Board regarding the request.
The Chairman opened the public hearing.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, representing the applicants, appeared before the Board stating that the owners of the property in question, the operator of the facility, and the consultant team were present in the audience, should the Board wish to question them regarding the request.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-18, Don Miekle and Thomas McNeil, Rezoning Case No. MSP98/1/1-2, Tracking No. 12-98-MSP, for a mining site plan in A (Agriculture), for mining and excavation of sand.
PETITION NO. CUP752A-3 - AMEND EXISTING CUP - DONALD MIFFLIN
LAKE HARRIS LODGE (CONT'D.)
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and informed them that Ms. Leslie Campione, Attorney, representing the applicant in this case, had requested a postponement until February 24, 1998, to allow her to meet with Environmental Health, as to the specific number of RVs that are appropriate for the site in question.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to postpone Rezoning Case CUP752A-3, Donald Mifflin, Lake Harris Lodge, Tracking No. 3-98-CUP/AMD, until the Rezoning Meeting of February 24, 1998, as requested by the applicant.
MISCELLANEOUS/GROWTH MANAGEMENT
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and informed them that the Growth Management staff was moving forward, with regard to the issue of working with the Facilities and Capital Improvements staff on the proposed DRI project for Christopher C. Ford Central Park, and she hoped to update them on the matter at the February 3, 1998 Board Meeting.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed/Contracts, Leases and Agreements/Grants
Fire and Emergency Services
Request from Fire and Emergency Services for approval and execution of an Agreement between the State of Florida Department of Community Affairs and Lake County, for an annual 50/50 matching grant from the Federal Emergency Management Agency, in the amount of $27,454.00, for FY 1998.
Public Works/Subdivisions
Request from Public Works for acceptance of the Final Plat for Highland Pines Subdivision - Commission District 2.
PUBLIC HEARINGS
COMPREHENSIVE PLAN AMENDMENTS
TRANSMITTAL OF LAND USE PLAN AMENDMENTS
GROWTH MANAGEMENT/ZONING
LAND USE PLAN AMENDMENT 98/1/1
Mr. Mike Miller, Chief Planner, Growth Management, appeared before the Board and explained this request, stating that it was recommended by the Department of Public Works and concerns the need to include a reference for potential improvements that would utilize the five cent local option gas tax. He stated that the Planning and Zoning Commission unanimously recommended approval of the request and staff was recommending approval.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the transmittal of Land Use Plan Amendment No. 98/1/1.
COMMISSIONERS
At this time, Commr. Hanson left the meeting, due to another commitment.
LAND USE PLAN AMENDMENT 98/1/2
Mr. Mike Miller, Chief Planner, Growth Management, appeared before the Board and explained this request, stating that some changes were made at the State level that created a Housing Advisory Committee and altered some items that that committee needs to look at, as far as incentives for affordable housing is concerned. He stated that the text before the Board this date was required by state law and is in the Comprehensive Plan, due to the fact that it is required that the Housing Assistance Plan be consistent with the Comprehensive Plan.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved the transmittal of Land Use Plan Amendment 98/1/2.
Commr. Hanson was not present for the discussion or vote.
LAND USE PLAN AMENDMENTS 98/1/3 and 98/1/3-5
Mr. Mike Miller, Chief Planner, Growth Management, appeared before the Board and explained this request, stating that, on the Comprehensive Plan Amendment Application form, there is a place to identify two options, which the applicants took advantage of; however, since the second option is not feasible, they do not want to pursue it.
Mr. Miller discussed the first option, being a neighborhood activity center, which happens to be the category that the applicants' property is located in. He stated that the request is to have the maximum for that category go from 50,000 to 80,000 square feet; however, it would mean that the community activity center would have to have its lower threshold adjusted to 80,000 square feet.
A map (County Exhibit A) was submitted, for the record, indicating various road intersections in the County, which Mr. Miller reviewed with the Board, noting that said intersections indicate locations where neighborhood activity centers will be located.
Mr. Miller stated that the Planning and Zoning Commission approved the request, consistent with what the applicants requested.
A packet of information (County Exhibit B) was submitted, for the record, containing a draft copy of the Planning and Zoning Commission Minutes of January 7, 1998, as well as various maps, exhibits, charts, etc., for the Board's perusal.
Mr. Miller reviewed said items with the Board, noting that, due to the fact that staff is in the midst of the EAR (Evaluation and Appraisal Review) Committee process, it was difficult to formulate a recommendation for said site.
The Chairman opened the public hearing.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, representing the applicants, DMH Partners, Inc., appeared before the Board stating that the applicants are requesting a policy text amendment to the Comprehensive Plan. She stated that her client is not currently proposing, or constructing, any Publix centers; however, they are constructing a Winn-Dixie center on U.S. 27, in south Lake County, and are looking at other sites in the County for future centers. She stated that such centers are being developed in a whole new way, noting that, in most cases, the grocery store itself, which is the anchor tenant in neighborhood centers, is going to be somewhere between 45,000 to 65,000 square feet. She stated that that does not count the local tenants that the County would want to encourage to come in, for convenience, such as a drugstore, a dry cleaner, a beauty salon, a gift shop, etc., so the size of such centers is increasing. She stated that the applicant felt 80,000 square feet would be a good standard for the County, but would allow it to continue to attract the major retailers, being Publix, Winn-Dixie, Albertsons, or a Food Lion. She urged the Board to transmit the comprehensive plan amendment, noting that she feels it is a response to what the market is today and the County needs to be competitive.
At this time, Ms. Bonifay requested that the second part of this request, Land Use Plan Amendment 98/1/3-5, be withdrawn.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Good stated that he saw this request as a step to further suburbanize the County's rural landscape and encourage monopolization by large businesses, within the rural areas. He stated that he would rather see less square footage, with a more competitive, or diversified, economic base in the rural areas. He stated that he would be voting in opposition to the transmittal.
Commr. Gerber stated that she did not feel the proposed development was a good idea. She stated that the 50,000 square foot requirement was put in place for a reason and she would like to see it stand. She stated that she would be voting in opposition to the request, as well.
Commr. Cadwell stated that he felt the proposed development was a good example of what is going to change in Lake County, noting that people who live in areas such as the one in question are expecting somewhat of a convenience and urban type lifestyle and he did not feel that changing the text, to allow a larger square footage, would drastically change the area.
Commr. Swartz stated that his concerns were voiced by both Commr. Gerber and Commr. Good and are backed up by the direction that the EAR Committee is going, which is reducing the numbers, noting that they took the community commercial designation and recommended going from 500,000 square feet to 125,000 square feet. He noted, however, that he agreed with Commr. Cadwell, in that, as the County goes through the EAR Committee process and starts to see what happens, in some cases, simply acknowledgment of what is on the ground, it may be that the County comes back and identifies some of those areas as an urban area and allows for higher square footage. He stated that he did not feel this request would be wise at this time, therefore, would not vote to transmit the amendment.
On a motion by Commr. Good, seconded by Commr. Gerber and carried, by a 3-1 vote, the Board denied a request to transmit Land Use Plan Amendment 98/1/3.
Commr. Cadwell voted "No".
Commr. Hanson was not present for the discussion or vote.
LAND USE PLAN AMENDMENT 98/1/4
Mr. Mike Miller, Chief Planner, Growth Management, appeared before the Board and explained this request, stating that it was county initiated. He stated that staff found, during the last few months, that there was an inconsistency in the County's Comprehensive Plan, with regard to industrial uses, as well as other uses, and they felt it was significant enough to bring to the Board's attention now, as opposed to waiting and dealing with it through the EAR Committee process. He stated that the Future Land Use policy requires that central water and sewer be in place for industrial uses; however, in the Conservation Policy, it states that one can get a septic tank permit in industrial zoned areas, which is a clear inconsistency. He stated that staff has strictly applied the Future Land Use policy and required that water and sewer be available, which has had economic development implications, noting that there have been some people who have been unable to relocate, because water and sewer was not available.
Discussion occurred regarding the matter, at which time Commr. Swartz stated that, in 1989 or 1990, the State changed its rules and required that industrial developments be on central water and sewer.
Mr. Sandy Minkoff, County Attorney, stated that, once the Legislature realized it was not workable, because there were a lot of small industrial uses that did not justify having wastewater plants, the State changed its rules.
Mr. Jim Smith, Director, Planning and Development Services, appeared before the Board and addressed some concerns the Board had regarding whether the text that has been proposed provides the ability and some assurance about differentiating between the industrial developments that have more than just domestic waste and the ones that need to have a more thorough permit requirement, through Public Health, to make sure that they have the necessary inspections and system. He stated that, when there is a septic system on board and the annual inspections are held by Environmental Health, the County will have a more protective system than it has under its current regulations, noting that Environmental Health will manage the new permits and do the annual inspections and, if the development has hazardous waste on site, it will have to get a DEP (Department of Environmental Protection) permit and have a hazardous waste management plan. He stated that the Health Department inspections will ensure that the user is not using the septic system for disposable hazardous waste. He stated that, with a central system, there would be detection at some point in time, if somebody was dumping hazardous waste into the septic system, but that point may be a long way down the road, after it has done its damage.
Commr. Swartz stated that the Board wants to ensure, either through Public Health or the County's own review, that where there is other than domestic waste involved, the proper review occurs and that whatever permitting and follow-up review is required will occur.
The Chairman opened the public hearing.
Mr. Steve Richey, Attorney, representing Rogers Industrial Park, in Leesburg, appeared before the Board stating that the park has developed into various industrial uses, all of which are on septic tanks and central water, for fire protection. He stated that the park has two systems, one for purposes of restroom facilities, to serve the employees, and a separate DEP system, for purposes of maintenance facilities. He stated that, even if central sewer were to become available to the park from the City of Leesburg, the DEP side of the permitting process would not dump into Leesburg's wastewater treatment system, because it would kill the system. He stated that, even if the park were on central sewer, it would still have a parallel system. He stated that his client supports the idea of clarifying the matter, for the purpose of future buildouts.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Cadwell stated that he felt, between transmittal and adoption of the land use plan amendment, the County could come up with some language that would satisfy everybody's concerns.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 4-0 vote, the Board approved the transmittal of Land Use Plan Amendment 98/1/4.
Commr. Hanson was not present for the discussion or vote.
PUBLIC HEARINGS
COMPREHENSIVE PLAN AMENDMENTS
ADOPTION OF LAND USE PLAN AMENDMENTS
GROWTH MANAGEMENT/ORDINANCES/ZONING
LAND USE PLAN AMENDMENT 97/2/1
Mr. Mike Miller, Chief Planner, Growth Management, appeared before the Board and explained this request, stating that it was clarifying some issues regarding the Future Land Use Map that were confusing. He stated that the Planning and Zoning Commission unanimously approved it.
Commr. Swartz questioned whether the Department of Community Affairs (DCA) had any questions regarding the amendment in their ORC (Objections, Recommendations and Comments) report that the Board needed to address.
Mr. Miller stated that DCA did not have any objections regarding the amendment.
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP, CHANGING THE MAP LEGEND FOR ADDITIONAL CLARITY; PROVIDING FOR PROOF OF PUBLICATION, AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 1998-2, Land Use Plan Amendment 97/2/1, as read on its first and final reading, by title only.
Commr. Hanson was not present for the discussion or vote.
LAND USE PLAN AMENDMENT 97/2/2 and 97/2/3
Mr. Mike Miller, Chief Planner, Growth Management, appeared before the Board and explained these requests, stating that the County has a requirement that there be A-1-10 and A-1-20 densities in these two land use categories; however, noted that it is very difficult to get 10 acres of uplands in the Green Swamp. He stated that he had anticipated having an agreement with the Department of Community Affairs (DCA) by this time, but does not. He stated that DCA misunderstood the language that was approved at the transmittal hearing; however, he has discussed the matter with a reviewer from DCA and feels they are on the same wave length.
Commr. Swartz questioned whether it would be better for the Board to wait until they have had a chance to discuss the matter with DCA and make sure that they have the language that will be adopted, rather than adopting language that DCA would challenge.
Mr. Sandy Minkoff, County Attorney, stated that, if the Board wanted to avoid the challenge, the only way to do it would be to postpone the amendments until a later date or time.
Commr. Swartz suggested contacting DCA and finding out whether they feel the proposed language is acceptable.
It was noted that DCA also had an objection to Land Use Plan Amendment 97/2/3, regarding flood plains, and staff was waiting to hear from them regarding some proposed language, as well.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved to postpone action regarding Land Use Plan Amendments 97/2/2 and 97/2/3 until after lunch.
LAND USE PLAN AMENDMENTS 97/2/4-A THROUGH 97/2/4-F
Mr. Mike Miller, Chief Planner, Growth Management, appeared before the Board and explained this request, stating that it pertained to the Office of Parks Planning, Division of Recreation and Parks, Florida Department of Environmental Protection, and was unanimously approved by the Planning and Zoning Commission.
It was noted that Land Use Plan Amendment 97/2/4 had six (6) parts, which would require the approval of six ordinances, and that they would be handled separately.
The Chairman opened the public hearing.
No one was present in opposition to the requests.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Mr. Sandy Minkoff, County Attorney, placed the first proposed Ordinance (Land Use Plan Amendment 97/2/4-A) on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP, RECOGNIZING HONTOON ISLAND STATE PARK, CHANGING THE LAND USE DESIGNATION FROM RURAL TO PUBLIC RESOURCE LANDS, FOR ` PROPERTY IN SECTIONS 25, 35 AND 36, TOWNSHIP 17, RANGE 29, GENERALLY LOCATED ALONG THE NORTH BOUNDARY OF THE WEKIVA RIVER PROTECTION BOUNDARY ALONG THE ST. JOHN'S RIVER; PROVIDING FOR PROOF OF PUBLICATION, AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 1998-3, Land Use Plan Amendment 97/2/4-A, as read on its first and final reading, by title only.
Commr. Hanson was not present for the discussion or vote.
LAND USE PLAN AMENDMENT 97/2/4-B
Mr. Sandy Minkoff, County Attorney, placed the second proposed Ordinance (Land Use Plan Amendment 97/2/4-B) on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP, RECOGNIZING THE VAN FLEET STATE TRAIL; PROVIDING FOR PROOF OF PUBLICATION, AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried
unanimously, by a 4-0 vote, the Board approved Ordinance No. 1998-4, Land Use Plan Amendment 97/2/4-B, as read on its first and final reading, by title only.
Commr. Hanson was not present for the discussion or vote.
LAND USE PLAN AMENDMENT 97/2/4-C
Mr. Sandy Minkoff, County Attorney, placed the third proposed Ordinance (Land Use Plan Amendment 97/2/4-C) on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP, RECOGNIZING THE LAKE GRIFFIN STATE RECREATION AREA; PROVIDING FOR PROOF OF PUBLICATION, AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 1998-5, Land Use Plan Amendment 97/2/4-C, as read on its first and final reading, by title only.
Commr. Hanson was not present for the discussion or vote.
LAND USE PLAN AMENDMENT 97/2/4-D
Mr. Sandy Minkoff, County Attorney, placed the fourth proposed Ordinance (Land Use Plan Amendment 97/2/4-D) on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP, RECOGNIZING AND EXPANDING THE LOWER WEKIVA RIVER PRESERVE, CHANGING THE LAND USE DESIGNATION FROM RURAL AND RURAL VILLAGE TO PUBLIC RESOURCE LANDS, FOR PROPERTY IN THE DOMINGO FERNANDEZ GRANT, FROM RURAL TO PUBLIC RESOURCE LANDS, FOR PROPERTY IN SECTIONS 34 AND 35, TOWNSHIP 17, RANGE 29, CHANGING THE LAND USE DESIGNATION FROM SENDING AREA
#2 A-1-20 OVERLAY DISTRICT 2 TO PUBLIC RESOURCE LANDS, GENERALLY IN THE WEKIVA RIVER PROTECTION AREA, ALONG THE
ST. JOHNS RIVER; PROVIDING FOR PROOF OF PUBLICATION, AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 3-0 vote, the Board approved Ordinance No. 1998-6, Land Use Plan Amendment 97/2/4-D, as read on its first and final reading, by title only.
Commr. Hanson and Commr. Gerber were not present for the discussion or vote.
LAND USE PLAN AMENDMENT 97/2/4-E
Mr. Sandy Minkoff, County Attorney, placed the fifth proposed Ordinance (Land Use Plan Amendment 97/2/4-E) on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP, RECOGNIZING AND EXPANDING THE LAKE LOUISA STATE PARK, CHANGING THE LAND USE DESIGNATION FROM RIDGE, RURAL/CONSERVATION AND TRANSITIONAL TO PUBLIC RESOURCE LANDS, FOR PROPERTY IN SECTION 24, TOWNSHIP 23, RANGE 25, SECTIONS 19, 29, 30, 31, AND 32, AND TOWNSHIP 23, RANGE 26, GENERALLY LOCATED ON THE WEST SIDE OF US 27, SOUTH OF LAKE LOUISA; PROVIDING FOR PROOF OF PUBLICATION, AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried
unanimously, by a 4-0 vote, the Board approved Ordinance No. 1998-7, Land Use Plan
Amendment 97/2/4-E, as read on its first and final reading, by title only..
Commr. Hanson was not present for the discussion or vote.
LAND USE PLAN AMENDMENT 97/2/4-F
Mr. Sandy Minkoff, County Attorney, placed the sixth proposed Ordinance (Land Use Plan Amendment 97/2/4-F) on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP, RECOGNIZING AND EXPANDING THE ROCK SPRINGS RUN STATE RESERVE, CHANGING THE LAND USE DESIGNATION FROM SENDING AREA #1 A-1-40 OVERLAY DISTRICT 1 AND SENDING AREA #2 A-1-20 OVERLAY DISTRICT 2 TO PUBLIC RESOURCE LANDS, FOR PROPERTY IN SECTIONS 25, 26, 27, 34, 35 AND 36, TOWNSHIP 19, RANGE 28, AND SECTIONS 29, 30, 31, 32 AND 33, TOWNSHIP 19, RANGE 29, GENERALLY LOCATED ALONG THE NORTH BOUNDARY OF THE ORANGE COUNTY LINE, SOUTH OF SR 46; PROVIDING FOR PROOF OF PUBLICATION, AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 1998-8, Land Use Plan Amendment 97/2/4-F, as read on its first and final reading, by title only.
Commr. Hanson was not present for the discussion or vote.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES AND AGREEMENTS/COUNTY PROPERTY
FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board and explained this request, stating that it involved a contract for the sale and purchase between Lake County and Mr. Rolland N. Little, for a parcel of property located at Christopher C. Ford Central Park, Phase I, Lot 6, consisting of approximately 2.59 acres, at $20,000 per acre. He stated that, in addition, the contract provides that, upon completion, and the receipt of a Certificate of Occupancy for the building on Lot 6, a cash purchase will be forthcoming for Lot 19, approximately 2.41 acres, for $20,000 per acre, as well. He noted that Lot 6 is in Phase I and Lot 19 is in Phase 2.
Commr. Cadwell informed the Board that this request had been before the Industrial Development Authority and they recommended approval.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from Facilities and Capital Improvements for approval and execution of a contract for the sale and purchase of property in Lake County Central Park, between Lake County and Rolland N. Little.
Commr. Hanson was not present for the discussion or vote.
AUDITS/COMMUNICATIONS SYSTEMS
Mr. Sandy Minkoff, County Attorney, explained this request, stating that it pertained to staff receiving a proposal from a Florida firm, regarding the issue of conducting an audit of Comcast Communications.
Commr. Swartz stated that he felt it would be healthy to audit the firm. He stated that several years ago the Tavares City Commission conducted an audit of the firm and found some substantial discrepancies. He noted, however, that he felt they had corrected the discrepancies since then.
Mr. Bruce Thorburn, Communications Systems Director, appeared before the Board stating that, in October of 1997, the Board discussed the issue and requested him to see what kind of interest there would be in performing an audit of Comcast Communications, since the County has had a franchise agreement with Leesburg Cable/Lake County Cablevision/Comcast Communications for approximately 17 years and an audit has never been performed. He stated that he mailed letters to all the municipalities, however, has only had two respond, one being the Town of Montverde, in favor of an audit, and the other being the City of Tavares, indicating that they did not have a problem with performing an audit, due to the fact that they had preformed one, previously, themselves. He noted that the only thing the City of Tavares discovered in their audit was the number of subscribers in the operational areas were inconsistent, which he noted were probably from annexations that occurred that the cable company was not aware of. He stated that, if the Board wished to have an audit performed, the County could bid it out, or he could call another meeting of the Cable Television Committee, to see if they would be willing to proceed with an audit. He noted that, should the County choose to go to bid, the company performing the audit would want a percentage of any new found money and the fee for performing said audit can cost from $25,000 to $50,000.
Commr. Swartz suggested sending the matter back to the Cable Television Committee for a recommendation.
It was the consensus of the Board to do so, with a recommendation to be brought back to the Board at a later date.
AFFORDABLE HOUSING/COMMITTEES/COMMUNITY SERVICES
ORDINANCES
Mr. Sandy Minkoff, County Attorney, explained this request, stating that Community Services is requesting to amend Sections 2-87 and 2-88 of the Lake County Code, to bring the Affordable Housing Advisory Committee up-to-date with the new Florida Statutes. He stated that, due to the fact that the County approved a Comprehensive Plan Amendment this date, staff will make sure that it is consistent with the new Comprehensive Plan, before it is advertised for adoption.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval to advertise an Ordinance pertaining to the amendment of Lake County Code Sections 2-87 and 2-88, which established the Affordable Housing Advisory Committee and the affordable housing incentive strategies.
Commr. Hanson was not present for the discussion or vote.
GROWTH MANAGEMENT/ZONING
Ms. Sharon Farrell, Senior Director, Growth Management, explained this request, stating that staff was asked to look at the ratites issue and the language before the Board this date pertained to said issue. She requested permission to advertise the Ordinance regarding same.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved a request from Growth Management for approval to advertise an ordinance amending the Lake County Land Development Regulations, to allow ratites in the A (Agriculture), RA (Ranchette), AR (Agricultural Residential), and R-1 (Rural Residential) zoning districts.
Commr. Hanson was not present for the discussion or vote.
GROWTH MANAGEMENT/ZONING
Commr. Gerber brought up for discussion the issue of pigeons, noting that she had recently toured a pigeon loft, in Leesburg, and had watched a video regarding pigeons, as well, and was very impressed.
Ms. Sharon Farrell, Senior Director, Growth Management, stated that staff viewed pigeon lofts as hobbies and had contacted not only the County's Agricultural Extension Office, but the University of Florida, the Atlanta Disease Control, and several Federal and State agencies, for assistance. She stated that they will be meeting with some local veterinarians, as well, however, noted that her department will probably not be able to move as quickly with this issue as anticipated, because Mr. Mark Knight, Principal Planner, who is heading the animal issue has been redirected to the County's DRI project. She stated that her department will continue to collect the information and move forward with the issue, just not as quickly as they had anticipated.
GROWTH MANAGEMENT/ZONING
Commr. Gerber brought up for discussion the issue of revocation of CUPs, questioning whether the County had a revocation policy, or whether it had ever been done and, if so, what occurs.
Ms. Sharon Farrell, Senior Director, Growth Management, stated that it is contained in the language of the CUPs.
Commr. Swartz stated that it is a matter of staff reviewing the CUPs and, if they feel they are not consistent with their approvals, they are brought forward for review.
COMMITTEES/MEETINGS/ORDINANCES/TOURIST DEVELOPMENT
Ms. Sue Whittle, County Manager, explained this request, stating that it pertained to how many meetings can be missed on an annual basis, without cause or prior approval, for a total of six, and provides notification to the Board of County Commissioners when a seat is declared vacant, or will be declared vacant, and refilled.
Commr. Swartz referred to Section 1. (e), on Page 1 and 2 of the Ordinance, noting that it states, on Page 1, "without prior approval of the Chairman of the Tourist Development Council" and, on Page 2, it states, "the Chairman of the Tourist Development Council shall notify the Board of County Commissioners, in writing." and he was concerned about the implication of the Sunshine Law, with regard to same. He questioned the County Attorney about the matter.
Mr. Sandy Minkoff, County Attorney, stated that he felt said language could probably be deleted.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from Tourist Development for approval to advertise an ordinance amending Chapter 13, Lake County Code, Article III, Tourist Development Tax, providing for amendment to Section 13-48, as noted, to limit member absences from Tourist Development Council Meetings.
Commr. Hanson was not present for the discussion or vote.
ADDENDUM NO. 1
OTHER BUSINESS
COMMISSIONERS/MEETINGS
Ms. Sue Whittle, County Manager, explained this request, stating that "Lake County Days in Tallahassee" , to be held April 6-7, 1998, conflicts with the regularly scheduled April 7th Board Meeting; therefore, she was requesting that said meeting be scheduled for the morning of April 14, 1998, and that the April 14th meeting be moved to the afternoon.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from the County Manager for approval to cancel the April 7, 1998 Board Meeting, because of a conflict with "Lake County Days in Tallahassee", reschedule it for the morning of April 14, 1998, and hold the April 14, 1998 meeting in the afternoon. The Board is to meet April 14, 21 and 28, 1998.
Commr. Hanson was not present for the discussion or vote.
INFORMATIONAL ITEM:
The following vested rights determination has been issued:
Vested Rights Determination Regarding Parcel "1" Established in Association with Lot Approval File 92-25 - 1/15/98
Lake County will not deny the owner(s) of Parcel "1", established in association with Lot Approval File No. 92-25, the opportunity to develop the property as a residential lot, in accordance with the "A" (Agriculture) Zoning District provided, within two (2) years from the date of this vested rights determination:
1. the owner(s) dedicated right-of-way along Calvin Lee Road, in accordance with the County right-of-way policy; and
2. A building permit is issued for a primary structure and said building permit does not expire.
LAWS AND LEGISLATION/MEETINGS
Commr. Swartz brought up for discussion the issue of a meeting that is to be held, with the County's legislative delegation, and the fact that a representative from the Board should be present at said meeting, to address an issue regarding Comprehensive Health Care, Personnel, and supporting Article V funding, by the State.
Commr. Gerber noted that she would be in attendance at said meeting.
REPORTS
COMMISSIONER GERBER - DISTRICT 1
CONTRACTS/MUNICIPALITIES/OUTDOOR RECREATION
Commr. Gerber brought up for discussion the issue of the Clermont Boat Ramp Project and the fact that there is a discrepancy regarding same. She stated that the Board had been informed by the City of Clermont that the Lake County Water Authority and the Florida Game and Fresh Water Fish Commission had approved said project; however, the Board later learned that they had not.
Discussion occurred regarding the matter, at which time Commr. Good stated that, when the County has an advisory committee functioning as a selection committee, they look at grant applications and make their decisions, based on information they receive. He stated that he is sure they assume the information they receive is accurate and correct and make a recommendation to the Board, based on said information; however, in looking at an application that the Board recently reviewed, he discovered that it contained inaccuracies - statements that regional agencies supported a project, as opposed to regional agencies supporting a concept, and that, to him, is a very big difference, which he elaborated on. He stated that it raised some questions in his mind about criteria that the Board may need to give advisory boards, to avoid a situation where the Board acts on a recommendation that could be based on inaccurate information. He stated that he would like for the County to have a policy that leaves the Board the option that, when they find such a thing has occurred, they can readdress the application, or send it back to the committee. He stated that there needs to be a policy that states if any information submitted is found to be false, the Board may not necessarily reject the application, but will send it back to the committee, for reexamination and a new understanding of the application.
Commr. Swartz stated that he had not yet signed the agreement that would have related to the action that the Board took on some grants, with regard to the Clermont Boat Ramp Project, therefore, directed staff to check into the matter and bring it back before the Board, after lunch, for further discussion.
Commr. Good requested the Board to direct the County Attorney's Office to develop some policy language that states, if any information is found to be inaccurate on an application, that said application must be reconsidered by the Board, in light of the new evidence that has been brought forward.
Commr. Swartz stated that he would like to see the Board do the following: (1) find out if the agreement dealing with the Clermont Boat Ramp Project has been signed; (2) ask the County Attorney to review how the Board would appropriately reconsider the matter, if that is the appropriate thing to do; or (3) bring up a new item, which would mean that it would need to go on a future agenda.
The County Attorney was directed to review how the Board could appropriately reconsider approval of such actions.
REPORTS
COMMISSIONER GOOD - DISTRICT 2
OUTDOOR RECREATION/RESOLUTIONS/WATER AUTHORITY
Commr. Good informed the Board that they had approved a Resolution and sent it to the Water Authority, for review, dealing with "No Wake Zones Within 100 Feet of the Shoreline" and, in light of a report the Board received back from the Water Authority, would like to make a motion to rescind said Resolution and substitute it with another action, which may be more appropriate.
A brief discussion occurred regarding the matter, at which time a memorandum, dated January 26, 1998, from Dr. Robert W. Taylor, Executive Director, Lake County Water Authority, to Ms. Sue Whittle, County Manager, was distributed to the Board, for their perusal.
Commr. Good stated that Dr. Taylor conducted a review of submerged structures and discovered that the threat may not be as great as originally perceived, which he elaborated on. He stated that another way to deal with the problem of submerged structures is to post hazard signs at the boat ramps indicating same.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to place Resolution No. 1998-11, approved at the January 20, 1998 Board Meeting, regarding "Idle Speed/No Wake" zones on the Clermont Chain of Lakes, on the Agenda, for action.
Commr. Hanson was not present for the discussion or vote.
Commr. Good requested that the Board rescind Resolution No. 1998-11.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to rescind Resolution No. 1998-11, approved at the January 20, 1998 Board Meeting, regarding "Idle Speed/No Wake" zones on the Clermont Chain of Lakes.
Commr. Hanson was not present for the discussion or vote.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved the placement of folding signs at the public boat ramps on Lake Minnehaha, the canal joining Lake Minnehaha and Lake Minneola, and any public ramps on Lake Minneola, to state "During Periods of High Water Navigation Hazards May Exist Near Shore. Please Exercise Caution.", in conjunction with the Lake County Water Authority.
Commr. Hanson was not present for the discussion or vote.
It was noted that the County will provide said signs; however, the Lake County Water Authority will be requested to post the signs.
Commr. Good stated that he would like to have the signs constructed to where, during periods of low water, they can be folded down and display anti-litter messages on the back.
REPORTS
COMMISSIONER GOOD - DISTRICT 2
WATER RESOURCES
Commr. Good informed the Board, for informational purposes, that there will be a presentation by the Palatlakaha Environmental and Agricultural Reserve (P.E.A.R.) group to the County's legislative delegation, regarding the Palatlakaha Environmental and Agricultural Reserve, with regard to making facilities available that have great historic significance in the preservation of agriculture and the development of agricultural technologies and genetic engineering activities that occur in Lake County, which have had extremely positive benefits on both grape and watermelon production in the County. He encouraged everyone to obtain a copy of the concept proposal and become acquainted with it, because he feels it will be something that the Board will need to discuss at some time in the future and possibly become a participant in said project.
It was noted that Commr. Good would bring back to the Board any actions that they would need to take, regarding the matter.
REPORTS
COMMISSIONER CADWELL - DISTRICT 5
EDUCATION
Commr. Cadwell informed the Board, for informational purposes, that Tuesday, February 3, 1998, the Umatilla Middle School Government Class will be in attendance at the Board Meeting, during the morning session, and will tour the Historical Museum in the afternoon, at which time they will be provided lunch. He invited the members of the Board to join them for lunch, at Wooten Park.
RECESS AND REASSEMBLY
At 12:40 p.m., the Chairman announced that the Board would recess for Lunch and would reconvene at 2:00 p.m.
COMMISSIONERS
Commr. Hanson returned from her commitment and was present during the remainder of the meeting.
REPORTS
COMMISSIONER CADWELL - DISTRICT 5
MISCELLANEOUS/MUNICIPALITIES
Commr. Cadwell informed the Board, for informational purposes, that a community cleanup is scheduled for Saturday, January 31, 1998, to be held at Fire Station 47, on Carroll Street, in south Umatilla, and everyone is invited to attend.
REPORTS
COMMISSIONER GERBER - DISTRICT 1
CONTRACTS/MUNICIPALITIES/OUTDOOR RECREATION (CONT'D.)
Commr. Swartz informed the Board that, with regard to the issue that Commrs. Gerber and Good raised about the Clermont Boat Ramp Project, none of the contracts had been prepared, therefore, had not yet been signed. He stated that they will be coming back to the Board, for review, which he noted will give the Board an opportunity to raise questions about them and deal with them at that time.
Commr. Good reiterated the fact that he was also seeking a policy statement, regarding said issue.
Mr. Sandy Minkoff, County Attorney, stated that the contracts have a cancellation clause, with or without cause; therefore, once the contract is signed, as long as the funds are not spent or encumbered, the Board could cancel them, if something came up that the Board had not been aware of.
Commr. Cadwell stated that, since this matter concerns a particular contract with the City of Clermont, he would like for the Board to make sure that they officially notify the City, so they can be present at the upcoming meeting.
Commr. Hanson stated that she feels the responsibility goes back to the Board, noting that, even though the advisory committee makes recommendations, that is all they are, recommendations, and she feels the Board should have the opportunity to review such matters, if they so choose.
Commr. Swartz stated that the Board needs to look at whether or not they want to continue to place as much responsibility on said committees, if the Board is so hands on that it wants to make sure that its will is done, rather than having a committee handling it. He stated that the Board can ask staff to look at the issue and, perhaps, at one of the Advances, discuss the issue of the County's committees.
PUBLIC HEARING
GROWTH MANAGEMENT/ZONING
LAND USE PLAN AMENDMENT 97/2/2 AND 97/2/3 (CONT'D.)
Mr. Mike Miller, Chief Planner, Growth Management, appeared before the Board and informed them that he faxed the comments alluded to earlier in the meeting, with regard to Land Use Plan Amendment 97/2/2, to the Department of Community Affairs (DCA) and the Green Swamp field office. He stated that he then called Tallahassee and had a brief conversation with Mr. John Baker, the individual who would be reviewing the language, to let him know that it was coming. He stated that he checked with Tallahassee, moments before coming back to the meeting, and was told that Mr. Baker had gone to lunch; therefore, he did not have an answer for the Board, regarding the matter. He submitted, for the record, a handout regarding Land Use Plan Amendment 97/2/2, containing a word change (the word minimum changed to maximum) in the box titled, "Staff Proposed Language w/DCA Concurrence, Policy 1A-2.2", for the Board's perusal. He stated that he was confident Tallahassee would approve said change.
The Chairman reopened the public hearing.
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR TEXT AMENDMENTS, AMENDING POLICY 1-2.6, LAKE FRONT AND WETLAND LITTORAL ZONE, AMENDING POLICY 1-16.1 ONGOING PLANNING PROGRAM FOR SPECIFIED AREAS, AMENDING POLICY 1A-1.2 RIDGE LAND USE CATEGORY, AMENDING POLICY 1A-2.2 RURAL/CONSERVATION LAND USE CATEGORY, AMENDING POLICY
1A-2.3 CORE/CONSERVATION LAND USE CATEGORY; PROVIDING FOR PROOF OF PUBLICATION, AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
No one was present in opposition to the request.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1998-9 - Land Use Plan Amendment 97/2/2, with staff proposed change in language, with DCA concurrence, as noted, changing the word minimum to maximum.
Commr. Swartz directed that staff prepare an additional letter for him to sign, when they send the Land Use Plan Amendment Ordinance forward to DCA, as a cover letter, indicating the difficulties and delays the County had in obtaining a response from them.
With regard to Land Use Plan Amendment 97/2/3, Mr. Miller stated that DCA does not want to go to an administrative hearing, because they do not want to be seen as doing that type of thing. He reviewed DCA's objections with the Board, noting that they assert that the County is allowing urban density development to occur on environmentally sensitive lands; that urban development in flood plains is a proliferation of urban sprawl; that the County is impeding the natural functions of flood plains and other natural resources, then flood plains; and that data and analysis does not demonstrate that the use, density, and intensity of proposed development in flood plains would protect natural functions of flood plains. He stated that they recommend that the County include data to address flood storage capacity, as well as ecological functions; to locate only passive recreation and conservation uses in flood plains; that all nonresidential urban uses be prohibited; and that residential development be allowed at no greater density than development in wetlands.
Considerable discussion occurred regarding the matter, at which time Commr. Swartz stated that he would like to see the item postponed, until staff can work with DCA and try to obtain some language that accomplishes what the County is trying to do. He stated that he did not feel comfortable approving said amendment, given those types of recommendations, at this point in time.
Commr. Gerber concurred.
Commr. Hanson questioned what Ms. Farrell's recommendation would be.
Ms. Farrell stated that she would recommend going with staff's proposed language and let staff work with DCA.
Commr. Hanson stated that that is what she would rather see the Board do. She further stated that she had a problem with DCA not responding back to the County, in a timely fashion, noting that the Board has its commitments and a time schedule that it has to adhere to. She stated that she concurred with Commr. Swartz, in that a subtle message needs to be sent to DCA that the Board needs their comments in a timely fashion, so that they can make their decisions, so that it does not cost the taxpayers of the County a great deal more money, as they delay. She recommended that the Board have staff continue to work with DCA and try to work out the differences, rather than postpone the matter, and delay the whole process.
Mr. Minkoff, County Attorney, stated that the Board had three alternatives, regarding the matter, being (1) they could deny approval of the Ordinance this date and deal with it through the EAR process and try to revise it at that time; (2) postpone it; and (3) approve what staff recommended. He stated that DCA will then be faced with the choice of how much they do not like it. He stated that, if they really do not like it, they will object to it and the County will end up in an administrative hearing process, at which time negotiations can occur, where the County and DCA agree on some mutual language.
Commr. Hanson stated that she would recommend not approving the amendment.
Commr. Cadwell stated that he would like to work out the language in a way that would not put the County in an administrative hearing, because of the costs involved. He stated that he did not have a problem with postponing the matter, because the County can take some other action, before readvertising it.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-1 vote, the Board denied a request for adoption of Land Use Plan Amendment 97/2/3.
Commr. Swartz voted "No".
It was noted that the Conservation Committee will discuss the matter, as well as the Future Land Use Committee; however, staff will be working with the EAR Executive Committee and Mr. Miller will brief the Board on where the County is and where it is going at the Board Meeting of February 3, 1998.
CODE ENFORCEMENT/ORDINANCES
Ms. Sharon Farrell, Senior Director, Growth Management, requested that the Board approve for staff to put a hold on any complaints received by Code Enforcement, regarding the issue of pigeons, until an ordinance can be drafted regarding same.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:50 p.m.
___________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/1-27-98/2-6-98/boardmin