The Lake County Board of County Commissioners met in regular session on Tuesday, January 26, 1999, at 9:00 a.m., in the Board of County Commissioners'Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chair; Robert A. Pool; Rhonda H. Gerber; and G. Richard Swartz, Jr. (Commr. Swartz was not present due to illness). Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioners' Office; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
It was noted that an Addendum No. 1 and Addendum No. 2 had been added to the agenda.
MINUTE APPROVAL
Regarding the Minutes of January 5, 1999 (Regular Meeting), the following changes were requested:
Page 9, Line 31 - delete "be constituted" and insert continued.
Page 16, Line 10 and Line 11 - delete "decrease the level of service, and it should leave it at the "C" level and insert decrease the level of service to "B" and should leave it at the "C" level.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the Minutes of January 5, 1999 (Regular Meeting), as amended.
Commr. Swartz was not present for the discussion or vote.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARINGS - ROAD VACATIONS
PETITION NO. 884 - C.E. SMOAK - MINNEOLA AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 884, a request by C.E. Smoak to vacate plat in Howey Subdivision "A" in the Minneola area.
Commr. Cadwell directed the Board's attention to a letter, dated January 22, 1999, from Mary M. McDaniel, Attorney, City of Minneola, requesting that Vacation Petition No. 884 be postponed; and a letter, dated January 25, 1999, from Richard H. Langley, indicating that there has been no agreement with the City of Minneola. He stated that the first order of business would be to discuss the postponement of Petition No. 884. It was noted that the City of Minneola was not represented in the audience at this time.
Ms. Cecelia Bonifay, Akerman, Senterfitt & Eidson, representing C.E. Smoak, appeared before the Board and urged the Board to move forward with the hearing at this time. She stated that there were affected property owners present in favor of a portion of the road vacation, and that Mr. Frank Gammon, representing Banyan Construction Company, was present. She stated that there have been prior continuances in this matter, one large strategy meeting has been held with Mr. Jim Stivender to resolve the differences, and this proposal should be approved on the merits. She stated that they would demonstrate through the presentation today that there was never a plan line through the property in question for the extension of a capital water main, and they would present other alternatives to achieve their objective in the vacation and the City of Minneola's objective of providing water to Banyan Construction Company. At this time, Ms. Bonifay addressed questions pertaining to the postponement.
Mr. Frank Gannon, Senior Vice President/General Manager, Banyon Construction and Development, Inc., appeared before the Board and stated that he has received no documentation to indicate that there was a definitive resolution of this issue. He stated that a proposal presented on December 11, 1999 has not been accepted by the City of Minneola or by Mr. Smoak, and he has no knowledge of an acceptable agreement of this issue.
Mr. Claude Smoak appeared before the Board to address the postponement of this request and stated that the request before the Board has nothing to do with Banyon Construction and Development or the City of Minneola. He explained that he was requesting to vacate a 1930 paper plat that has 20 foot wide paper roads that he has grown citrus on for more than 25 years. He stated that the citrus was now gone and that the property was fenced. He stated that the paper rights-of-way have never been used and have never been accessed by anyone nor has anyone ever attempted to access them. He stated that he has never been contacted by Mr. Richard Langley, Banyon Construction and Development or the City of Minneola regarding a proposal to run a water line across the middle of his property, and it only came to light after he attended a meeting regarding sewer in the City of Minneola. It was at that time that he decided that it would be prudent to close and abandon the unbuildable lots of the Howey Subdivision plats.
Commr. Hanson stated that Petition No. 884 should be heard at this time based on the merits, and that the Board does have the option to postpone after the case has been presented.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board denied the request from the City of Minneola to postpone Vacation Petition No. 844.
Commr. Swartz was not present for the discussion or vote.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Stivender presented a map of the area in question on the monitor and illustrated the location of the property to be vacated and the location of the Banyon Construction Company development to the north. He stated that in one of the meetings property issues were discussed with property owners to the far north end so that they would not have double frontage. He explained that staff wanted to make sure they were not vacating along Grassy Lake Road, a county maintained road. He stated that in the County's Impact Fee Program, the City of Minneola does not have or has proposed any major collective type road in the area; however, discussions have indicated that they did plan to develop a road from Highway 27, easterly to the turnpike. He stated that a lot of issues came up after the petition was filed concerning utility location, use of right-of-way, and the rights-of-way in question and how this property affects the entire north east corner of Minneola. He stated that meetings in December were held with every major property owner and their attorneys, and he stated that he would like to see this matter worked out before Vacation Petition No. 884 was considered.
Ms. Cecelia Bonifay, representing Mr. Claude Smoak, reappeared before the Board and stated that this was a very old plat that could not be developed today under the current Land Development Regulations and guidelines. She stated that the roads are only 20 feet in width and could not meet any of today's road standards. She stated that, in terms of utilities, the City of Minneola has indicated that they want to put a capital water line through the middle of the property in an east/west direction; however, a public records request from the City of Minneola to obtain any and all documents relating to the location of a capital water line, planning for a line, their transportation and road network as it affected the property, as well as any waste water treatment plants has indicated that there were no minutes going back three (3) years that indicate that the City Council ever discussed a capital water line through the property in question. She stated that city representatives have indicated at a meeting with Mr. Jim Stivender that there has been no official action by the City of Minneola in the location of a water line. She stated that it was pointed out to the City that it would be more prudent to enlarge the existing water line along Grassy Lake Road south and to serve the Banyon Development along a north/south direction on the westerly border of this property. She stated that Mr. Smoak has agreed to dedicate the right-of-way on his portion of the property and Banyon Construction and/or Mr. Langley could dedicate the right-of-way on their portion of the property.
Mr. C. W. Smoak reappeared before the Board and presented an aerial map of the area on the monitor and presented a brief overview of the area in question. He indicated that there was a proposed connection out to Turkey Farm Road which then intersections with old Highway 50. He stated that Grassy Lake Road was a county maintained hard surface road, and the County has no right-of-way but does have a prescriptive easement where the surface of the road is located. He stated that he set his fence back to meet county standards and to accommodate utilities in anticipation of some day giving the County a deed to that portion, which he was prepared to do. He stated that he has given the City of Minneola an utility easement, and the City has subsequently constructed a 12 inch water main. He also has given the City enough land to place an axillary pump to increase the pumping pressure to reach the residential area. He stated that he was very willing to work with the City and stated that their issue at this point was an east/west collector road. He noted the location on the aerial. He stated that the City of Minneola was proposing to bring water from well field No. 7 and No. 8 up Grassy Lake Road across the center of his property to access water to the proposed Banyon subdivision. He stated that he was proposing that the City of Montverde bring the water through the existing right-of-way of Grassy Lake Road, and replace the current 12 inch line with a 20 inch line which would increase the pressure to areas affected by said line. He stated that this proposal provides him the ability to use his property to the highest and best use of the property. He stated that an alternative to the above discussed solution would be to come to the point of Grassy Lake Road where it turns north, continue west, or turn north at Grassy Lake Road and go to the top of his property; and he would deed the road right-of-way to the City with the express purpose and exclusivity of use for a water main.
Mr. Frank Gammon, Senior Vice President/General Manager, Banyon Construction & Development, reappeared before the Board and addressed the sewer issue and stated that he has a set of plans that were designed to the requirements of the City of Minneola. He stated that he had no knowledge of the fact that the City of Minneola made no effort to coordinate a County right-of-way. At this time, he discussed the aerial map and stated that he agreed to the terms of the letter, dated December 11, 1998, from Mayor Gene Stickland that states that the road would be along Grassy Lake Road, and that the other rights-of-way would be abandoned with the exception that Mr. Smoak would grant a north/south right-of-way which would allow Banyon Construction to get water to the property; however, there was never any agreement with Mr. Smoak. He stated that he would have to have his engineer review the proposal presented by Mr. Smoak today to determine the impact on their property.
Mr. Phillip and Sherry Wolkins, appeared before the Board in support of this vacation and stated that they have join in with Vacation Petition No. 884. Ms. Wolkins briefly discussed the location of their property on the corner of Debbie Lane. She stated that they have no objection to the proposal being presented by Mr. Smoak at this time and noted that they would not have double frontage of road on the front and rear of their property.
Mr. Michael Hanson, a resident on Debbie Lane, Lot 31, appeared in support of the road vacation because it would close off the easement to the back portion of his property eliminating the possibilities of a road way. He stated that he was present at the December 11, 1998 meeting, and it makes the most sense to run the water line along Grassy Lake Road up Victory Drive to the proposed development.
There being no further public comment, the public hearing portion of the meeting was closed.
Mr. Smoak reiterated that he was proposing that the City of Minneola run the water main line along south Grassy Lake Road, and he would dedicate to the County a 40 foot right-of-way on the north side of his property which would be the south side of South Grassy Lake Road, and when it intersects to an unnamed road he would dedicate the requested 66 feet or whatever size right-of-way that the County may need provided that Banyon Construction and Mr. Richard Langley build the road as they have apparently agreed to do from the City of Montverde's communication. He would then dedicate a 40 foot right-of-way on the north side, noting that the property owner on the south side of the road would dedicate one half of the 80 foot right-of-way.
Commr. Gerber stated that this request should be postponed for at least one week due to the complicated issues involved and stated that she could not support this request today.
In response to a question by Commr. Pool, Mr. Gammon stated that the new proposed location of the road would require Banyon Construction to dedicate some portion of the property that they own, which would require the realignment of all of the homes already engineered and platted. He noted that there were property owners on the south side that were not present in the audience today, and they should be given the opportunity to be heard.
Commr. Hanson stated that the Board can address the issue of the water easement today and deal with the road issue with the City of Minneola at another time.
Mr. Stivender stated that it was his understanding that Petition No. 884 would be granted contingent upon a 66 foot right-of-way north and south on the western side of Victory Lane 33 feet each side of the center line, a 40 foot right-of-way on the north side (south side of Mr. Smoak's property) for road and utility purposes along Grassy Lake Road and a 33 foot right-of-way on the west (east side of Mr. Smoak's property).
Mr. Smoak clarified that he would provide the 66 foot right-of-way north and south on the western side of Victory Lane, if Banyon Construction & Development and Richard Langley decide to build a road; at which time, discussion occurred regarding a right-of-way between Highway 27 and Grassy Lake Road.
Mr. Minkoff stated that the Department of Public Works regularly issues right-of-way utilization permits so that the right-of-way can be used until a road is built and that there was an automatic entitlement to right-of-way utilization if there was a roadway.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried by a 3 - 1 vote, the Board approved the request for Vacation Petition No. 884 by C.E. Smoak to vacate plat in Howey Subdivision "A", Section 8, Township 22 S, Range 26E, contingent upon a 66 foot right- of-way north and south, which is Victory Lane, 33 feet each side of the center line, a 40 foot right-of-way on the north side of Grassy Lake Road (south side of Mr. Smoak's property), and a 33 foot right-of-way on the west side of Grassy Lake Road (east side of Mr. Smoak's property) - Minneola area - Commissioner District 2 - Resolution No. 1999-15.
Commr. Gerber voted in opposition.
Commr. Swartz was not present for the discussion or vote.
Mr. Smoak stated that he would prepare a legal description and present it to staff today.
PETITION NO. 886 - CHARLES AND NANCY SIMANOSKI - MT. PLYMOUTH
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present Petition No. 886 by Charles and Nancy Simanoski to vacate road in Mt. Plymouth, Section "A", Section 32, Township 19S, Range 28E. He presented on the monitor a sketch of the road in question and stated that staff recommends approval to vacate.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant had been present earlier in the meeting but was not present at this time.
Mr. Angus White, 25949 Troon Avenue, appeared before the Board in opposition to this request and presented photographs illustrating the location of his property adjacent to the right-of-way. He explained that he had the right-of-way opened up to provide him access to his carport and, if the right-of-way was closed, he would have no way to access his carport. He presented a letter in opposition from Hampton Enterprises, Inc., owner of Mount Plymouth Golf Club, indicating that they use the right-of-way in question on a daily basis.
Mr. John Sievers, a local resident, appeared before the Board in opposition to Petition No. 886 and stated that the road in question was used by many of the property owners. He expressed concern with his well which was located close to the property.
Ms. Melanie T. Griffey, President, Mt. Plymouth Landowners League, appeared before the Board in opposition to Vacation Petition No. 886 and distributed a petition with 82 signatures in opposition to the closing. She stated that the right-of-way was currently open and in use by vehicular traffic, pedestrian traffic, electric, telephone, and cable utilities. At this time, Ms. Griffey displayed photographs on the monitor illustrating the right-of-way and stated that the purpose of the vacation request was to provide additional property to an adjacent lot owner in order to accommodate a 1,200 square foot house on a 50 foot lot.
Ms. Barbara White, a local resident, appeared before the Board in opposition to Vacation Petition No. 886 and stated that she uses the road regularly.
Mr. Kay Young, a local resident, appeared before the Board in opposition to Vacation Petition No. 886 and expressed concern that closing said road would prohibit the fire department from fast access to homes in the area.
Mr. Elliott Moore, Past President, Mt. Plymouth Landowners League, appeared before the Board in opposition to Vacation Petition No. 886 and stated that he was in opposition based on the fact that the road was used a great deal and that this vacation was an attempt to circumvent a process that the County has in place to restrict the size of homes on 50 foot wide lots.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4 - 0 vote, the Board denied Petition No. 886 by Charles and Nancy Simanoski to vacate road in Mt. Plymouth, Section "A", Section 32, Township 19S, Range 28E.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. 887 - WILLIAM S. AND MARY L. NOLAND - GROVELAND AREA
Mr. Jim Stivender, Senior Director, Department of Public Works, appeared before the Board to present Vacation Petition No. 887 by William S. and Mary L. Noland to vacate utility easement, Lake Emma Ridge - Phase 1, Section 31, Township 21S, Range 25E and explained that the utility easement was located between Lot 6 and Lot 7 and was owned by the petitioners.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicants were present in the audience.
No one present wished to speak in opposition to this request.
There being no one present who wished to discuss this request with the Board, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved Petition No. 887 by William S. and Mary L. Noland to vacate utility easement, Lake Emma Ridge - Phase I, Section 31, Township 21S, Range 25E, Groveland area - Commissioner District 2. - Resolution No. 1999-16.
Commr. Swartz was not present for the discussion or vote.
RECESS & REASSEMBLY
At 10:45 a.m., the Chairman announced that the Board would recess for fifteen minutes and reconvene at 11:00 a.m.
ZONING
It was noted that the following staff members were present for the zoning hearings: Mr. James N. Smith, Director, Division of Planning & Development Services; and Ms. Susan Strum, AICP, Principal Planner, Division of Planning & Development Services.
PETITION NO. CUP#99/1/2-2 CUP IN A JOHNNY J. & BETTY LESTER AND
VICKI LESTER-SMITH
Mr. Jim Smith, Director, Division of Planning and Development Services, explained that this request was for a CUP in A (Agriculture) for placement of a mobile home on site to assist with the care of an infirmed relative. He stated that staff was recommending approval of a CUP in A (Agriculture), and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one wished to speak in opposition to this request
There being no one present who wished to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Johnny J. and Betty Lester and Vicki Lester-Smith, Petition No. CUP#99/1/2-2, for a CUP in A (Agriculture) for placement of a mobile home on site to assist with the care of an infirm relative - Ordinance No. 1999-1.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. PH#4-99-2 AR TO A DENNIS & SVETLANA PARKER
Mr. Jim Smith, Director, Division of Planning and Development Services, explained that this request was to rezone from AR (Agriculture Residential) to A (Agriculture) to allow for those uses permitted in the Agriculture zoning district. He explained that the rezoning was consistent with the purpose and intent of the Lake County Comprehensive Plan and the Land Development Regulations. He stated that staff was recommending approval to rezone from AR (Agriculture Residential) to A (Agriculture), and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicants were present in the audience.
No one present wished to speak in opposition to this request.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Dennis and Svetlana Parker, Petition No. #4-99-2, to rezone from AR (Agriculture Residential) to A (Agriculture) to allow for those uses permitted in the Agriculture zoning district - Ordinance No. 1999-2.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. PH#5-99-2 MP ORD. #1995-45 DAVID W, & SUSAN MCLAIN
Mr. Jim Smith, Director, Division of Planning & Development Services, explained that this request was an amendment to MP Ordinance #1995-45 to include the assembly and manufacturing of wooden umbrellas and furniture and delete the existing uses of the site. He stated that staff was recommending denial of an amendment to MP Ordinance #1995-45; and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote to include the assembly and manufacturing of wooden umbrellas and furniture and delete the existing uses of the site; and amend the language in the ordinance, as follows: Assembly and manufacturing of wood and metal umbrellas and furniture or similar uses that are no more noxious as determined by the County Manager or designee.; F. Permitting would read A waste management and disposal plan shall be submitted as part of the review process.
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. Jim Crawford, Attorney, representing the applicants, stated that they were in agreement with the stipulations set forth by the Planning and Zoning Commission.
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. Pool, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from David and Susan McLain, Petition No. Ph#5-99-2, for an amendment to MP Ordinance #1995-45 to include the assembly and manufacturing of wooden umbrellas and furniture and to delete the existing uses of the site; as amended to include the following language in the ordinance: Assembly and manufacturing of wood and metal umbrellas and furniture or similar uses that are no more noxious as determined by the County Manager or designee.; F. Permitting: A waste management and disposal plan shall be submitted as part of the review process. - Ordinance No. 1999-3.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. PH#1-99-2 MP TO LM HAMIDA BATTLA & NASEEM BANOLATIF
Mr. Jim Smith, Director, Division of Planning & Development Services, explained that this request was to rezone from MP (Planned Industrial) to LM (Light Industrial) to construct self-storage facilities and future industrial uses. He explained that the current ordinance limits the use of the site to one structure to be used for a trucking terminal that was never built, and the site was currently vacant. He stated that the applicant wishes to use approximately eight (8) acres of the site for self-service storage and there are no specific plans for the remaining five (5) acres of the site. He stated that staff was recommending approval to rezone from MP (Planned Industrial) to LM (Light Industrial), and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote with a provision added that states that "At such time that central water and sewer services become available or if the restrictions on central water and sewer are removed from the Comprehensive Plan, all LM uses shall be permitted."
At this time, the Chairman 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. Pool, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Hamida Battla & Naseem Banolatif, Petition No. PH#1-99-2, to rezone from MP (Planned Industrial) to LM (Light Industrial) to construct self-storage facilities and future industrial uses - Ordinance No. 1999-4.
PETITION NO. PH#2-99-4 A TO R-3 JACK CASSELL & RONNI CAGGIANO
Mr. Jim Smith, Director, Division of Planning & Development Services, explained that this request was to rezone from A (Agriculture) to R-3 (Medium Residential) for construction and development of a subdivision with up to 27 dwelling units on a 13 +/- acre parcel. He stated that the Land Use designation of the site was Urban Expansion which permits up to four (4) dwelling units per acre. He stated that according to the Urban Area Residential Density Chart, in the Land Development Regulations, the proposed 13 acres had the potential for 45 dwelling units. He stated that staff was recommending approval to rezone from A (Agriculture) to R-3 (Medium Residential), and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote.
At this time, the Chairman opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
Ms. Ronni Caggiano, the applicant, appeared before the Board and explained that 27 units would be the maximum number of units allowed and that they were planning on one-half acre lots if it is deemed feasible. She stated that the City of Eustis was within walking distance of the parcel in question and that there were a lot of small lots in the vicinity. She stated that the proposed development would be 1,800 square foot homes.
Ms. Susan Strum, AICP, Principal Planner, Division of Planning & Development Services, displayed on the monitor an aerial map (County Exhibit No. 1) of the location in question.
Commr. Gerber expressed concern with compatibility and suggested that the lot size be limited to one-half acre per unit. She stated that she would have no objection to rezoning to R-2 (Estate Residential), which would allow for a 26 unit subdivision.
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 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Jack Cassell and Ronni Caggiano, Petition No. PH#2-99-4, to rezone from A(Agriculture) to R-2 (Estate Residential) for construction and development of a 26 unit subdivision - Ordinance No. 1999-6.
PETITION NO. PH#3-99-4 R-7/8 TO CFD PATRICK DAUGHERTY
CHILDREN'S HOME SOCIETY OF FLORIDA
Mr. Jim Smith, Director, Division of Planning & Development Services, explained that this request was to rezone from R-7/8 (Mixed Residential) to CFD (Community Facility District) to allow an existing single family residence to be used for a weekend and part-time recreation home for children and as a meeting place for the Children's Home Society staff. He explained that the site in question was approximately .76 acres, with a single family residence, and the site sits on a mini-peninsula with canals on two sides and the St. Johns River on the north. He stated that there was a mixture of manufactured homes and conventional constructed homes and briefly discussed the surrounding area. He stated that staff was recommending denial of the request to rezone from R-7 (Mixed Residential) to CFD (Community Facility District) noting that, unless the use of the property was restricted to a very small number of persons at any given time, the proposed use would not be in keeping with the character of the neighborhood. He stated that the Planning and Zoning Commission has recommended approval by a 6 - 2 vote with the condition that no more than eight (8) people be permitted to reside on the property at one time.
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. Stephen R. Sally, Regional Vice President, Children's Home Society of Florida, appeared before the Board and stated that in a letter, dated December 23, 1998, he indicated that there would never be groups of more than eight (8) children involved in any activities at any one time. He explained that the Children's Home Society operates three (3) group homes for children from ages 3 to 18 and to restrict the number to eight (8) people would leave them in a dilemma of having to either leave two (2) children at home or having eight (8) children and no adults. He requested that the Board consider restricting the number to14 people at any one time, with a clause that states that no more than eight (8) would be children under the age of 21. He discussed parking concerns that had been expressed at the Planning and Zoning Commission noting that there was adequate parking on the site and that he would personally oversee the parking.
Mr. Ray Winstead, 24933 Ralph Circle, appeared in opposition to this request and present a map (Opposition's Exhibit A) on the monitor illustrating the subject property in yellow and the residents and property owners that are in opposition to this rezoning. He stated that he was in opposition to this request because it was located in a single family residential neighborhood, and referred to his letter addressed to Commr. Cadwell outlining his objections.
Mr. William Dane Fleming, a local resident, appeared before the Board in opposition to this request on behalf of the 42 lot owners in the immediate area that have expressed their opposition to this request. He stated that the Children's Home Society was a business and their community was residential, not commercial. He stated that rezoning from Mixed Residential to Community Facility District would be a final action that would alter the community, and the neighborhood would be left with the consequences of the broad range of uses allowed under CFD zoning. He expressed concern with environmental issues and stated that this property was located in the 100 year floodplain and, with the rezoning and proposed addition of a bedroom, the health department advises that a septic mound system would be required and such a system would require a 1,050 gallon tank and a mound approximately 60 feet long by 30 feet wide which would be 50 feet from the canals and the St. Johns River. He discussed staff's review with the Standards for Review as required in the Land Development Regulations, fire service, and hospital facilities. He stated that the street leading into the area was a 17 foot wide non- county maintained paved road.
Ms. Bonnie Roof, a permitting specialist, appeared before the Board and presented a sketch (Oppositions Exhibit B) of the property in question and discussed the location of the St. Johns River, buffer area, the location of the septic tank, the existing structure, and the setbacks. She stated that the existing septic system would have to be upgraded if the 850 square foot garage were converted into additional bedrooms, and the Health Department would require a 60 foot by 30 foot mound drain field. She stated that the 100 year floodplain for the Astor area was 7 msl (mean sea level) and the existing first floor of the structure was at 5.48 msl and the existing garage elevation was 4.64 msl. She stated that the first floor certification requirement under the current code was 8.5 msl. She requested that the Board consider this request from an environmental standpoint.
Mr. Sally reappeared before the Board and stated that it was the wishes of the donor that the property could not be sold for seven (7) years, and explained that the children that would be helped are the most abused kids in the system from our communities. He stated that the children are not going to reside there on a permanent basis and would go up on a Friday or Saturday night and three (3) or four (4) nights during the week in the summer.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Hanson stated that she was challenged by this request and it disturbs her when a senior community does not accept some responsibility for the children of our community and our state. She stated that by increasing the number of children allowed to eight (8) only on a part time basis she does not see how it would create a greater impact on the infrastructure and sewer system than the current allowable six (6) children on a permanent basis.
Commr. Cadwell stated that the property can still be utilized by the Children's Home Society of Florida; however, this particular lot in this particular community is too small to rezone to CFD (Community Facility District). He stated that currently they can utilize the property as a group home.
Commr. Gerber expressed concern that the Children's Home Society of Florida has been given the property in question and cannot sell the property for seven (7) years.
Ms. Susan Strum, Principal Planner, Division of Planning and Development Services, explained that the R-7/8 (Mixed Residential) zoning would allow the Children's Home Society of Florida to have a group home with six (6) children in permanent residence and noted that R-7 was the zoning district that was intended primarily as a residential zoning district. She clarified that R-7 zoning would restrict the Children's Home Society from day use only.
Commr. Pool stated that the problem was parking and further stated that a group home with six (6) children every day would be a more intense use than 12 children on the weekend. He stated that it was a difficult situation because you try to help utilize this property for its highest and best use for the Children's Home Society and, at the same time, be cognizant of the needs of the residences that live there every day.
Mr. Smith stated that it was noted at the Planning and Zoning Commission meeting that other Children's Home Societies throughout the state could utilize this site as a retreat.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to overturn the recommendation of the Planning and Zoning Commission and deny a request from Children's Home Society of Florida, Petition No. 3-99-4, to rezone from R-7/8 (Mixed Residential) to CFD (Community Facility District) to allow an existing single family residence to be used for a weekend and part-time recreation home for children and as a meeting place for staff.
Commr. Hanson stated that her motion for denial was because the site was too small and because of the parking restraints.
Commr. Pool requested clarification on whether the Children's Home Society of Florida could still utilize the property under the current R-7/8 (Mixed Residential) zoning.
Mr. Smith stated that the applicants would be required to obtain a license as a group home to use the property in question.
Mr. Minkoff explained that the only options available to the applicants are to use the site as a group home where the children would live on a permanent basis or to rent the property.
The Chairman called for a vote on the motion, which carried unanimously by a 4 - 0 vote.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. PH#6-99-5 A TO CFD LAKE COUNTY BOYS RANCH
Mr. Jim Smith, Director, Division of Planning & Development Services, explained that this request was to rezone from A (Agriculture) to CFD (Community Facility District) for construction and operation of a foster care facility for girls on a 20 acre +- parcel semi-rural in character. He explained that the current Land Use designation of Suburban would permit this site to be divided into four (4) five acre tracts for residential development. He stated that the facility was to be used as a residential foster care facility for girls only, and the site shall include living facilities for no more than 24 girls, swimming pool, stables and non-intensive agricultural uses. He explained that this was the second site to be considered and, at the time of the previous denial, the Lake County Boy's Ranch staff was instructed to search for a site that was more urban in character and with better access than the previous site outside of Astatula. He stated that the present site would appear to meet that request. He stated that staff was recommending all residential structures be set back a minimum of 100 feet from East 5th Street and 50 feet from all other property lines and all other setbacks shall be in accordance with those established for "A" (Agriculture) zoning district which was a 50 foot setback for all structures. He stated that 19 letters have been received in support of this request and 72 letters have been received in opposition. He stated that staff was recommending approval to rezone from A (Agriculture) to CFD (Community Facility District), and the Planning and Zoning Commission has recommended approval by a 7 - 2 vote. Ms. Susan Strum, Principal Planning, displayed an aerial map (County Exhibit 1) on the monitor and indicated the location of the site.
At this time, the Chairman opened the public hearing portion of the meeting.
Ms. Leslie Campione, Attorney, representing Our Turning Point Ranch and the Lake County Boys Ranch, appeared before the Board and explained that they were requesting that the proposed site be used as a foster care facility for up to 24 girls. She explained that this was a foster care program for children that have been abandoned, abused, or neglected by their parents and removed from their homes and now need a loving, nurturing environment in which to live. She stated that the ordinance was very site specific and use specific and any additional uses would be required to go back through the public hearing process. She stated that the girls would attend public schools and would be supervised at the bus stop. She stated that the Lake County Boys Ranch and Our Turning Point Ranch were under the umbrella of the Partners for Children and Families. Ms. Campione presented letters (Applicant's Exhibit A) in support of this request.
At this time, Ms. Campione called Mr. David Hannah, Lake County Boys Ranch, to the podium to provide testimony and explained that Mr. Hannah was charged with the responsibility to find the perfect site, a site that met the criteria set forth by the Board of County Commissioners after the Astatula site was denied.
Mr. David Hannah, Director of Facilities and Capital Improvements, Lake County Boys Ranch, appeared before the Board and stated that a task force was formed after the denial of the Astatula site consisting of Our Turning Point Ranch board members and staff members from the Lake County Boys Ranch to set forth criteria and, in reviewing this criteria, they found the present site which was urban in nature with a rural setting. He stated that Our Turning Point Ranch would be required to go through the site plan process, and they envision having a single driveway coming through the front 10 acres of the property with four (4) residential dwelling units located on the back 10 wooded acres of the property.
At this time, Ms. Campione called Mr. Don Welsh, Lake County Boys Ranch, to the podium to provide testimony.
Mr. Don Welsh, Foundation Director, Lake County Boys Ranch, appeared before the Board and briefly discussed where the children come from and how he and his brother were placed at the Lake County Boys Ranch after being deserted by their father in Ormond Beach. He stated that, because of the Lake County Boys Ranch, he was realizing his dreams. He stated that he was in support of this request and, from a programmatic standpoint, this program can enhance our children and give them more of a sense of community.
At this time, Ms. Campione called Ms. Linda Card, a Board member of Our Turning Point Ranch, to the podium to provide testimony.
Ms. Linda Card, speaking on behalf of the Board of Directors, Our Turning Point Ranch, appeared before the Board and distributed a list of the Executive Board and Directors (Applicant's Exhibit B) for Our Turning Point Ranch. She stated that Our Turning Point Ranch was started by a group of Lake County business women with one objective to make a safe place for these girls to live and grow. She stated that she lives within a mile of the current Lake County Boy's Ranch, in Altoona, and there have been no problems with the boys from the ranch in her neighborhood. She stated that the girls living at Our Turning Point Ranch will have been moved from their homes for their own protection and will be victims of neglect and abuse by those who should have protected and loved them. She stated that the proposed site meets all of the dictates by the Board of County Commissioners and requested that the Board approve the zoning change for Our Turning Point Ranch.
At this time, Ms. Campione called Ms. Kay Lawson, President, Our Turning Point Ranch, to the podium to provide testimony.
Ms. Kay Lawson, President, Our Turning Point Ranch, appeared before the Board to provide testimony on the impact that this use might have on property values and explained that she was the owner of Look Real Estate. She stated that a current market analysis performed on the Lake County Boys Ranch found that the impact of Lake County Boys Ranch in that community has not impacted negatively any of the properties in the area. She stated that they also looked at the proposed site and determined that the proposed site and what they propose to do for Our Turning Point Ranch would not have a negative impact on the community. She stated that John Burke Gill, Gill & Associates, P.A., a state certified appraiser, has indicated in a letter, dated January 21, 1999, Gill & Associates, P.A. (Applicant Exhibit C) that the proposed Our Turning Point Ranch would not have an adverse effect upon the character of the immediate residential neighborhood.
At this time, Ms. Campione called Ms. Joan Eastman to the podium to provide testimony as an adjacent neighbor to the Lake County Boys Ranch.
Ms. Joan Eastman appeared before the Board and stated that her property was directly across the street from the Lake County Boys Ranch. She explained that, as a director and past president of the Florida Horseman's Association, she has had a lot of contact with the Boys Ranch and the boys are all pleasant, polite, eager to help, and she considers them a wonderful neighbor.
Ms. Campione indicated that Mr. Tom Manning, Director, Lake County Boys Ranch, was present in the audience and that she reserved the right to call Mr. Manning to provide rebuttal testimony as well as to call other witnesses to specifically address factual statements that might be made by individuals that are opposing this rezoning.
Mr. Douglas Foster, 40531 East Seventh Avenue, appeared before the Board in opposition to this request and expressed concern with fire service to the facility, contamination of the drinking water from the landfill, and loss of ad valorem taxes. He suggested that the facilities were in place at the Boys Ranch and the boys and girls should be together in a controlled situation where they could learn social skills. He questioned how this project would be funded and what was in place to keep these children on the site.
Ms. Lavonda Morris appeared before the Board in opposition to this request and distributed a list of police calls made in 1998 to the Lake County Boys Ranch (Opposition Exhibit 1) and discussed same. She stated that, if these children were so well supervised, there should be no problem with putting the girls on the remaining 60 acres at the Lake County Boys Ranch. She expressed concern that these were troubled kids, with lots of baggage, and they would be in close contact with the neighbor children and unsupervised on the school bus. She stated that the letters of support that have been presented are from all over Lake County and are not from the specific area of the proposed site. She noted that they have seventy (70) signatures of residents in the area that are in opposition to this request. She stated that Our Turning Point Ranch would be a detriment to their neighborhood.
Mr. Rod Randall, East Ninth Street, appeared before the Board in opposition to this request and stated that, if this was an ideal site, why was there so much opposition to the rezoning. He stated that this was a business and a business does not belong in a residential area. He noted the location of his home on the aerial map.
Mr. Dave Slovak, West Sixth Avenue, appeared before the Board in opposition to this request and stated that there were many more options available that should be explored. He stated that this was a good project, however, expressed concern that the children interacting with the neighbor children could become a negative and questioned why interject a negative in a residential situation.
Ms. Kathy Murray appeared before the Board and noted the location of her property on the aerial map. At this time, she presented letters in opposition (Opposition's Exhibit 2) from residents that could not be present for the public hearing this date, and a letter from Mr. Carl R. Frey who was present earlier in the meeting but had to leave for work. She stated that the majority of the homeowners in the area are opposed to this request and expressed concern with the children on the school bus.
Ms. Campione reappeared before the Board and responded to questions and discussed funding for Our Turning Point Ranch. At this time, she called Mr. Tom Manning, Director, Lake County Boys Ranch, to the podium to provide testimony on police calls to the Boys Ranch.
Mr. Tom Manning, Director, Lake County Boys Ranch, appeared before the Board and explained that the Lake County Boys Ranch does not have the luxury of handling minor disagreements in the manner that parents would have in a family environment; therefore, in order to teach children that there will be restitution if they are involved in an assault, the Sheriff's Office is called to the site no matter how nominal the disagreement. He stated that the Lake County Boys Ranch takes this responsibility very serious. In response to a question presented by Commr. Gerber, Mr. Manning stated that it was anticipated that approximately 65% of the girls would be attending middle school with the remaining girls attending high school. He stated that they try to place younger children in foster homes.
Ms. Campione presented closing comments and stated that there was a need in Lake County for foster care and that there was a need for this type of facility for girls. She stated that Ms. Jerri Blair, general counsel for the Lake County Boys Ranch, wanted to be present today, however, had a conflict and could not be present. She stated that Ms. Blair wanted to point out to the Board that there was definitely a need for this program.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Hanson stated that there will always be opposition to this request no matter where the site is located, however, it is a community problem and we need to deal with it as a community. She stated that she supported the application for the Astatula location, however, noted that this site was a better site because it was a larger site and in close proximity to the Lake County Boys Ranch. She stated that this site was low density, with a limited number of girls, and property values would not be lowered because of the facilities.
Commr. Cadwell stated that he would support this rezoning because we have a responsibility to help provide a place for this type of facility, and it was a suitable site. Commr. Gerber stated that the 20 acre parcel was a good size and noted that there were monitoring wells on the landfill site to monitor the water supply. She stated that the 20 acre parcel was ample size to build four (4) homes and provides ample room for buffering.
Commr. Pool stated that he would be welcoming Our Turning Point Ranch if he were a neighbor and stated that these girls have not proven themselves to be a problem. He stated that they would be good neighbors and good people in the community and, no matter where they end up, they would be riding a bus somewhere.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Lake County Boys Ranch, Petition No. PH#6-99-5, to rezone from Agriculture (A) to Community Facility District (CFD) incorporating the recommendation of the Planning and Zoning Commission that If the foster care facility shall cease to exist, the structures shall be removed or converted to those consistent with the land use designation in the Comprehensive Plan. - Ordinance No. 1999-7.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. CUP#98/10/3-5 CUP IN A RICHARD & KATHY HANSEN
Mr. Jim Smith, Director, Division of Planning & Development Services, explained that this request was for a CUP in A (Agriculture) for an aviary for the raising and keeping of Tropical Birds on site with an existing residence, four (4) aviaries and three (3) buildings. Staff was recommending approval for a CUP in A (Agriculture), and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote. He stated that no letters have been received in opposition to this request.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one 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. Hanson and carried unanimously by a 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Richard and Kathy Hansen, Petition No. CUP#98/10/3-5, a request for a CUP in A (Agriculture) for an aviary for the raising and keeping of Tropical Birds on site with an existing residence, four (4) aviaries and three (3) buildings - Ordinance No. 1999-5.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4 - 0 vote, the Board approved a request by the Tri-City NAACP to co-sponsor the Florida State Conference of Branches - NAACP Winter Board Meeting and Training Session in Eustis, Florida, hosted by the Tri-City Branch NAACP in the amount of $1,000.00.
Commr. Swartz was not present for the discussion or vote.
ACCOUNTS ALLOWED/BUDGETS/FISCAL & ADMINISTRATIVE SERVICES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously
by a 4 - 0 vote, the Board approved a request from Fiscal and Administrative Services for approval of a transfer from General Fund Contingency to Aids to Private Organizations, in the amount of $1,000.00, to fund a request from the Tri-City Branch NAACP to co-sponsor the Florida State Conference of Branches - NAACP Winter Board Meeting and Training Session.
Commr. Swartz was not present for the discussion or vote.
ADDENDUM NO. 2
REPORTS
Commr. Hanson presented a request for approval to place a moratorium on new billboard and off-site signs in the urban node of Mt. Plymouth and Sorrento until the adoption of the County's proposed Sign and Billboard Ordinance.
Mr. Sandy Minkoff, County Attorney, informed the Board that the County has pending a proposed ordinance which would not allow any new off-site signs, and on a temporary basis the County could use the zoning in progress rule to not issue permits for any new signs in advance of the proposed ordinance. He stated that, if we are going to impose a moratorium, we would have to pass an ordinance which would require two (2) public hearings.
Commr. Hanson stated that, if the urban node of Mt. Plymouth and Sorrento were incorporated, the area would be the city limits of an incorporated area and would have a city ordinance that addresses sign issues. She requested that, as the Board moves forward with the sign and billboard ordinance, the Mt. Plymouth/Sorrento area be treated a little differently than the rural areas of Lake County. She stated that she would withdraw the request at this time.
No action was taken on this issue.
ADDENDUM NO. 1
REPORTS
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5
RESOLUTIONS
Commr. Cadwell presented a request from Mr. Benny G. Strickland, Chairman, Board of Sumter County Commissioners, to adopt a resolution utilizing federal funds allocated by the last session of Congress to construct an interchange on the Florida Turnpike at C-468. He stated that he was in favor of passing the resolution and supporting the efforts of Sumter County.
Commr. Hanson expressed concern that the interchange at C-468 was in lieu of the interchange at C-470. She stated that the interchange at C-470 was approved by Congress and she was in support of that interchange.
It was the consensus of the Board to postpone this request until it can be determined how the interchange at C-468 would effect the proposed interchange at C-470. It was noted that this request would be brought back on February 2, 1999 for further discussion.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:10 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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