The Lake County Board of County Commissioners met in regular session on Tuesday, September 28, 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. Others present were: Alvin B. Jackson, Deputy 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 had been added to the agenda.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 4 - 0 vote, the Board approved the following request:
Contracts, Leases & Agreements/Economic Development
Request for approval of Agreement to Defer Impact Fees between Lake County and R.N. Little Companies, Inc.
Commr. Gerber was not present for the vote.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARINGS - ROAD VACATIONS
PETITION NO. 904 - HAROLD BLODER - MONTVERDE AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 904, a request by Harold Bloder to vacate Tract "A", Trails of Montverde, Section 9, Township 22S, Range 26E in the Montverde area. He presented a plat and an aerial and noted the location of the parcel in question. He stated that staff was recommending approval to vacate Tract "A", and the Trails of Montverde Homeowners' Association has recommended approval to vacate.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved Resolution No. 1999-168, Petition No. 904 by Harold Bloder to vacate Tract "A", Trails of Montverde, Section 9, Township 22S, Range 26E, Montverde Area - Commissioner District 2.
Commr. Gerber was not present for the discussion or vote.
PETITION NO. 906 - JOHN M. JOBO - EUSTIS AREA
PETITION NO. 909 - JEFF AND VALERIE ALLEN - EUSTIS AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 906, a request by John M. Jobo to vacate roads, Plat of Riley Health Sanitarium Grounds, Section 10, Township 19S, Range 27E in the Eustis area; and Petition No. 909, a request by Jeff and Valerie Allen to vacate road and lots, Washington Heights, Section 3, Township 19S, Range 27E in the Eustis area. He presented aerial maps, photographs and a site plan illustrating the roads to be vacated and discussed same. He stated that all property owners have legal access to their properties, and staff was recommending approval of Petition No. 906 and Petition No. 909. He explained that Holmes Avenue was a wooded unused road and that Emerson Avenue to the east was an open road which would allow the property owner access. It was noted that Petition No. 906 had been postponed on August 24, 1999.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. John M. Jobo, the applicant in Petition No. 906, appeared before the Board and explained that he petitioned to vacate the properties to the south of his property, and the property owners have agreed to vacate said properties. He stated his opposition to Petition No. 909 and explained that Lake County has issued 34900 Holmes Avenue as his official address and that he would be using Holmes Avenue as his primary access and Emerson Avenue as an alternate access to his property. He explained that he has no road frontage; therefore, it was necessary for Holmes Avenue and Emerson Avenue to remain open in case of a fire, storm or any other emergency that may arise. He explained that a handicapped person would be living on the property, and they must have an alternate access. He stated that Holmes Road has been established as a road since 1928 and that there was a use for the road because of the development on the property.
Commr. Hanson stated that she has discussed with Mr. Jobo the possibility of leaving Lemon Avenue open as an alternate access to his property.
Mr. Jobo explained that he had agreed to support the property owners' petition to vacate Lemon Avenue. He stated that he has developed his property and construction has begun on his house, which was situated on the northeast corner of the property. He stated that he could not use Lemon Avenue because of the location of his septic tank. He stressed the need to have access and an alternate access to his property because of having a handicapped person living on the property.
Ms. Judy Meal appeared before the Board and explained that she was building a house with Mr. Jobo at 34900 Holmes Avenue. She stated that, because of her handicap, she must have an alternate access to and from her property in the case of a fire or storm causing tree limbs to block Emerson Avenue.
Mr. Jeff Allen, the applicant in Petition No. 909, appeared before the Board and explained that Holmes Avenue was originally platted in the 1920s for access to fifty (50') foot lots on the east and west side of Holmes Avenue. He stated that the fifty (50') foot lots were not being used as platted and are now being developed as larger parcels. He explained that Holmes Avenue has never been open and was a densely wooded area that would require removal of large trees and vegetation which would create road maintenance and run-off concerns as the roads are not county maintained roads. He stated that vacating Holmes Avenue would enhance the property values, security and safety of all land owners involved. He stated that he was recommending approval of Petition No. 906 and Petition No. 909 to vacate all roads which would be in the best interest of all parties concerned.
Ms. Valerie Allen, the applicant in Petition No. 909, appeared before the Board and stated that Mr. Jobo's address on his building permit was listed as 34900 Emerson Avenue and not Holmes Avenue.
Mr. Jobo reappeared before the Board and explained that 34900 Emerson Avenue was being used on the building permit for access to his property during construction of his home.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve Resolution No. 1999-169, Petition No. 906 by John M. Jobo to vacate roads, Plat of Riley Health Sanitarium Grounds, Section 10, Township 19S, Range 27 E, with the exception of fifty (50) feet at the northern end of Lemon Avenue; and Resolution No. 1999-170, Petition No 909 by Jeff and Valerie Allen to vacate road and lots, Washington Heights, Section 3, Township 19S, Range 27E, Eustis Area - Commissioner District 4.
Mr. Sandy Minkoff, County Attorney, clarified that the motion would close all of Citrus Avenue with the exception of where it borders Lemon Avenue allowing Mr. Jobo an alternate access on Lemon Avenue if he chooses to use Lemon Avenue.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
PETITION NO. 908 - RUBY BREWER - LAKE JEM AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 908, a request by Ruby Brewer to vacate road, Lake View Homes, Section 24, Township 20S, Range 26E in the Lake Jem area. He presented photographs and an aerial map illustrating the right-of-way and the roadway parallel to the right-of-way and discussed same. He stated that all of the adjacent properties have an alternate access.
At this time, the Chairman opened the public hearing portion of the meeting.
Ms. Ruby Brewer, the applicant, appeared before the Board and explained that her son and family live in a home located approximately twenty feet from Mildred Place, a twenty-five (25) foot road that dead ends into Hermosa Avenue. She presented a photograph illustrating the location of Mildred Place in close proximity to the conventional home and explained that she was requesting that Mildred Place be vacated for the safety of her children and grandchildren. She stated that there were several accesses to the property in the rear owned by Darch and Johnny Brewer.
Mr. Johnny Brewer appeared before the Board in opposition to the closing of Mildred Place and stated that Mildred Place was the legal access to six (6) adjacent lots and was seldom used as a roadway.
Ms. Evelyn Brewer, resident in the home located twenty feet from Mildred Place, appeared before the Board in support of this request and presented a photograph illustrating Hermosa Avenue and Mildred Place.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-171, Petition No. 908 by Ruby Brewer to vacate road, Lake View Homes, Section 27, Township 20S, Range 26E in the Lake Jem Area - Commissioner District 3.
PETITION NO. 910 - LAKE COUNTY PUBLIC WORKS - FRUITLAND PARK AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 910, a request by Lake County Public Works to vacate right-of-way, Section 35, Township 18S, Range 24E in the Fruitland Park area; and to vacate right-of-way, Section 12, Township 20S, Range 24E in the Okahumpka area. He presented an aerial map illustrating the location of the rights-of-way and briefly discussed same.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-172, Petition No. 910 by Lake County Public Works to vacate right-of-way, Section 35, Township 18S, Range 24E, Fruitland Park area - Commissioner District ; and to vacate right-of-way, Section 12, Township 20S, Range 24E, Okahumpka area - Commissioner District 2.
RECESS & REASSEMBLY
At 10:00 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:10 a.m. for Rezoning.
PUBLIC HEARINGS - REZONINGS
It was noted that the following staff members were present for the rezoning hearings: Ms. Sharon Farrell, Senior Director, Department of Growth Management; and Mr. James N. Smith, Director, Division of Planning and Development Services.
PETITION NO. PH#42-99-5 R-1 TO A JOSEPH & JANICE LASSANDRELLO
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from R-1 (Rural Residential) to A (Agriculture) to allow for the placement of a mobile home and those uses permitted in the Agricultural zoning district on approximately 24 acres in the Lady Lake area. She presented an aerial map (County Exhibit 1) of the parcel in question. She stated that staff was recommending approval to rezone from R-1 (Rural Residential) to A (Agriculture), and the Planning and Zoning Commission has recommended approval by an 8 - 0 vote.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, 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. 1999-95, a request from Joseph and Janice Lassandrello, Petition No. PH#42-99-5 to rezone from R-1 (Rural Residential) to A (Agriculture) to allow for the placement of a mobile home and those uses permitted in the Agricultural zoning district.
PETITION NO. PH#40-99-44 R-1 TO A-1-20 ALFRED & CAROLINE SANCHEZ
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from R-1 (Rural Residential) to A-1-20 (Wekiva River Protection Area Overlay District 2) to allow for Agricultural uses on approximately 40 acres in the East Lake County/Cassia area. She stated that the proposed rezoning was consistent with the Lake County Comprehensive Plan. She stated that staff was recommending approval to rezone from R-1 (Rural Residential) to A (Wekiva River Protection Area Overlay District 2), and the Planning and Zoning Commission has recommended approval by an 8 - 0 vote.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1999-96, a request from Alfred and Caroline Sanchez, Petition No. PH#40-99-4 to rezone from R-1 (Rural Residential) to A-1-20 (Wekiva River Protection Area Overlay District 2) to allow for those uses permitted in the proposed zoning district.
PETITION NO. CUP#90A/2/5-5 AMD. TO CUP JAMES BARNARD
FIDDLER'S GREEN RANCH
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for an amendment to the existing CUP (Conditional Use Permit) approved for a riding academy to include additional land and the keeping of five (5) rental villas on approximately 22 acres in the Altoona area. She presented an aerial map (County Exhibit 1) of the parcel in question and stated that the purpose of this request was to come into compliance by adding the additional land. She stated that staff was recommending approval to amend the existing CUP, and the Planning and Zoning Commission has recommended approval by an 8 - 0 vote.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Jimmy Crawford, Attorney, Richey & Crawford, PA, representing the applicant, appeared before the Board and briefly discussed this request.
Mr. James Barnard, the applicant, appeared before the Board to address questions regarding the lakes and wetlands on the parcel.
No one present wished to speak in opposition to this request.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1999-97, a request from James Barnard, Fiddler's Green Ranch, Petition No. CUP#90A/2/5-5, for an amendment to the existing CUP approved for a riding academy to include additional land; and to include five (5) rental villas which currently exist on the site.
PETITION NO. CUP#99/8/2-5 CUP IN A ROBERT & MARGARET ANN CRAIG
IRENE SEWELL & RHONDA THURMAN
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agricultural) to allow for a fox pen, dog kennel, and archery range. She presented an aerial map (County Exhibit 1) of the parcel in question. It was noted that this request had been postponed on August 24, 1999 to allow the Board members time to visit the site.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Robert Craig, the applicant, appeared before the Board and presented a petition and letters (Applicant's Exhibit A) in support of this request. He questioned if he would be allowed a CUP for an archery range if the fox pen was denied. He explained that the archery range would be a walk through range with targets located throughout the wooded area and that truck traffic would be prohibited from use within the range.
Commr. Cadwell stated that he was in opposition to a fox pen located on the parcel because it was too close to present and future development in the area, and it was a commercial operation in a rural area. He clarified that the request for a dog kennel in the CUP was to house the dogs for the fox pen. He stated that he would consider a CUP for an archery range.
Commr. Hanson stated that she would not support a fox pen, however, would support an archery range because it was a natural operation for a rural area.
Commr. Swartz questioned if staff has thoroughly reviewed the request for an archery range and if staff plans to review aspects of the archery range during development review to determine if proper safety considerations and fencing were adequate. Ms. Farrell responded that the archery range would be subject to development review.
Commr. Cadwell suggested that Mr. Craig remove the request for a dog kennel from the CUP, noting that there would be less regulation if the current legal dog kennel was not included in the CUP. He stated that he would support a CUP for an archery range, removing the fox pen and dog kennel and restricting truck traffic.
Mr. Craig stated that it was indicated on August 24, 1999 that, if the CUP for a fox pen was denied or withdrawn, he would have the ability to apply a portion of the fees already paid toward a new request for a CUP on a more suitable parcel. He questioned how long he would have to wait before he could reapply for a CUP on another parcel and be allowed to apply a portion of the fees already paid toward a new CUP. Discussion occurred regarding issue.
It was noted that the County Manager had previously indicated that she would look favorably at reducing the fees to the extent that staff would not have to duplicate the review process. It was the decision of the Board to allow Mr. Craig an eighteen (18) month time frame to reapply for a CUP for a fox pen on another parcel with the option of waiving a portion of the fees for duplication of review.
Commr. Cadwell requested that the proposed ordinance, under Land Uses, be amended to prohibit trucks for use on the archery range, to change the hours of operation for the archery range from 5:00 a.m. to 3:00 p.m. to 8:00 a.m. to 6:00 p.m., and to delete reference to fox pens and dog kennels.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1999-98, a request from Robert and Margaret Ann Craig; Irene Sewell and Rhonda Thurman for a CUP in A (Agriculture) to allow for an archery range, as amended, deleting fox pen/dog kennel; prohibiting truck traffic on interior roads of the archery range; and changing the hours of operation for the archery range from 5:00 a.m. to 3:00 p.m. to 8:00 a.m. to 6:00 p.m.
PETITION NO. CUP#98A/8/1-2 AMD. CUP ANDY & JONI HANSEN
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to delete a portion of approximately nine (9) acres from the existing CUP (Conditional Use Permit) to be used in the creation of a lot split for future residential construction. She directed the Board's attention to a letter contained in the backup material from Ms. Leslie Campione, Attorney, dated September 2, 1999, which outlines the history of this CUP. She stated that staff was recommending approval to amend the CUP and to delete the nine (9) acre parcel.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Leslie Campione, Attorney, representing Andy and Joni Hansen, appeared before the Board and presented a copy of the Minutes dated August 24, 1999 (Applicant's Exhibit A) outlining the conditions that were proposed by Mr. Jimmy Crawford, Attorney, and the group of individuals that he represents. She stated that the applicants were agreeable to the following conditions: 1) Requirement that the gas tank used for the ski school be kept 50 feet from the shoreline; 2) the applicants comply with any regulations pertaining to the gas storage tank; 3) the gas tank not exceed 500 gallons in size; 4) the pro shop for the ski school only be used by the students and the instructors and not be open to the general public; and 5) in addition to the owners of the property on the lake, their guests would have the right to use the lake and that the ski school would yield to their use of the lake. She stated that her letter, dated September 2, 1999, addresses the concerns expressed by the Board pertaining to density, conditions of the original CUP, and whether building another residence on the seven (7) acre parcel would be consistent with the Lake County Comprehensive Plan. She stated that the intent, at this time, was to begin new construction on a single family structure that will be the dormitory through the requirements of the CUP, and that the structure will be in place when they begin housing student at this site under the CUP. She stated that the students are currently housed at Moon Lake where the Hansen's lease property.
Commr. Swartz stated that he finds it difficult to understand how the applicants can be in compliance with the CUP when the facilities have not been constructed.
Mr. Jimmy Crawford, Attorney, Richey and Crawford, representing C.W. Davis, Terry & Yvonne McEwen, and Ruth Stokes, appeared before the Board and stated that, on behalf of Ms. Ruth Stokes, Ms. Stokes continues to oppose the CUP on the lake and believes that, if you have a ski school, you should own the land around the lake so that you are not interfering with the rights of the other owners on the lake. He expressed support of the new CUP with the conditions as presented.
Mr. Ed Puskas, a resident on Lake Emma, appeared before the Board and questioned if the ski school would have access to Lake Emma. He noted that the property directly across from the ski school property and the development adjoining the ski school also have access to Lake Emma.
Ms. Farrell presented an aerial map (County Exhibit 1) of the ski school property and a brief discussion occurred regarding access to Lake Emma. It was noted that the property in question did not have access to Lake Emma.
Mr. James N. Smith, Director, Division of Planning and Development Services, appeared before the Board and clarified that Mr. Puskas was referring to the nine (9) acre parcel that has been removed from the CUP which did have access to Lake Emma.
Mr. Steve Richey, Attorney, representing Mr. McEwen, appeared before the Board and
noted on the aerial the location of Moon Lake, the existing ski school and the new Conditional Use Permit for the ski school. He explained that the existing ski school was located on leased property owned by Mr. McQuen, and that said lease was due to expire November 1999. He stated that, upon vacating that lease, the CUP may be abandoned.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 3 - 2 vote, the Board approved Ordinance No. 1999-99, a request from Andy and Joni Hansen, Petition No. CUP#98A/8/1-2, to delete a portion of approximately nine (9) acres of land from the existing CUP to be used in the creation of a lot split for future residential construction, as amended, with the following conditions:1) Requirement that the gas tank used for the ski school be kept 50 feet from the shoreline; 2) the applicants comply with any regulations pertaining to the gas storage tank; 3) the gas tank not exceed 500 gallons in size; 4) the pro shop for the ski school only be used by the students and the instructors and not be open to the general public; and 5) in addition to the owners of the property on the lake their guests would have the right to use the lake and that the ski school would yield to their use of the lake.
Commr. Cadwell and Commr. Swartz voted in opposition.
REPORTS
COMMISSIONER POOL - DISTRICT NO. 2
ROADS-COUNTY & STATE
Commr. Pool informed the Board that he has received numerous phone calls from residents regarding truck traffic on Blackstill Road. At this time, he distributed photographs taken by the residents illustrating the damage that has occurred on Blackstill Road due to a truck hauling operation. He stated that the Judge has stopped all activity on the operation site for a two week period during a bankruptcy hearing. He suggested that, if the operation is allowed to continue, the trucks should be required to exit on C.R. 455 and not on Blackstill Road.
ADDENDUM NO. 1
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
Commr. Hanson expressed thanks to all those who helped with the "Day of Caring" United Way Kickoff.
STATE AGENCIES
Commr. Hanson brought up for discussion the Lake County Boys' Ranch "Bridges" Program and requested that the Board consider authorizing the Chairman to send a letter to the Governor and Legislative Delegation requesting funding support for the "Bridges" Program.
Commr. Cadwell questioned if the additional funding would be for the transition period or funding support changing the Children and Family Services' total program.
Discussion occurred regarding the purpose of the additional funding; at which time, the Chairman was requested to get additional information to determine what the funding would be used for and to bring this request back to the Board for consideration.
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Proclamation No. 1999-173 proclaiming the week of October 25 through November 1, 1999 as Safe School Week in Lake County.
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5
MEETINGS
Commr. Cadwell noted that the Value Adjustment Board would be held on September 29, September 30, and October 1, 1999; and that the State of the County has been scheduled on October 21, 1999.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:05 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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