The Lake County Board of County Commissioners met in regular session on Tuesday, November 23, 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: 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
Commr. Cadwell noted that an Addendum No. 1 had been added to the agenda. He stated that the work session on the Evaluation and Appraisal Report (EAR) has been postponed. It was noted that the work session would be rescheduled on December 7, 1999, at 1:30 p.m.
Commr. Hanson requested that staff research alternative methods for providing the public with information on the Evaluation and Appraisal Report, other than through the libraries, and suggested that the municipalities be furnished a copy of the Evaluation and Appraisal Report. It was noted that a copy of the Evaluation and Appraisal Report would be sent to the municipalities.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Budgets/Libraries
Request for approval to adopt the Fiscal Year 1999/2000 Annual Plan of Service and Combined Budget for the Lake County Library System.
Accounts Allowed/Contacts, Leases and Agreements/Procurement Services
Request for approval and authorization to award RFP 99-136; encumber funds; and authorize an annual contract with two additional annual renewal options to Miller Sellen Conner and Walsh to provide On-Call Planning Consultant Services for small area studies and/or sector plans to Growth Management, in the amount of $80,000.00; subject to final review and approval by the County Attorney.
Accounts Allowed/Suits Affecting the County
Request for approval of an offer to settle the case of Johnson vs. Greater Construction Corporation and the Lake County Board of County Commissioners, in the amount of $7,500.00; subject to final review and approval by the County Attorney.
ADDENDUM NO. 1
REPORTS
COMMISSIONER CADWELL - DISTRICT 5
Commr. Cadwell introduced Mr. Jimmy Conner, Lake County School Board, who was present to present the Lake County Schools Mentoring Program.
Mr. Jimmy Conner, Lake County School Board, appeared before the Board and stated that the Lake County School Board has officially adopted Governor George Bush's Governor's Mentoring Program in Lake County, which was a program to target students who have special academic needs. He explained that the mentoring program was a one on one academic mentoring program that allows a mentor to spend one (1) hour per week at the school with children who have special academic needs. He stated that Governor Bush and the Cabinet have given state employees one (1) hour per week to participate in the mentoring program, and he was present today to ask that the Board of County Commissioners consider allowing County employees to participate one (1) hour per week in the program. He stated that this would be a
great opportunity for the Lake County School Board and the Board of County Commissioners to partner in a very meaningful program.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request from the Lake County Schools to support the Governor's Program ; and to authorize staff to prepare a personnel policy to allow County staff to participate one (1) hour per week in the Governor's Mentoring Program.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARINGS - ROAD VACATIONS
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, announced that the Department of Public Works participated in the Tavares Lights of Lake parade and received the "Best Overall Award" for a bulldozer on a flatbed.
PETITION NO. 914 - RONALD AND DONNA TIMSON - LEESBURG/
SILVER LAKE AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present Petition No. 914, a request by Ronald and Donna Timson, to vacate drainage and utility easement, Quail Pointe at Silver Lake, Section 14, Township 19S, Range 25E in the Leesburg/Silver Lake area. He presented a plat and noted the location of the parcel in question. He stated that staff was recommending 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. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-196, Petition No. 914 by Ronald and Donna Timson, to vacate drainage and utility easement, Quail Pointe at Silver Lake, Section 14, Township 19S, Range 25E, Leesburg/Silver Lake Area - Commissioner District 3.
PETITION NO. 915 - JERALD AND GLENDA RISH AND EDWARD AND LINDA TRAHAN - LADY LAKE AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present Petition No. 915, a request by Jerald and Glenda Rish and Edward and Linda Trahan, representative Terry T. Neal, P.A., to vacate drainage and utility easements, Harbor Hills, Unit 1A, Section 18, Township 18S, Range 25E in the Lady Lake area. He presented a plat and an aerial map and noted the location of the parcel in question. He stated that staff was recommending approval to vacate.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Terry T. Neal, P.A., representing the applicants, appeared before the Board and explained that this request was two (2) lots in Harbor Hills and a portion of the area had been replated and townhouses owned by the applicants were constructed on the utility easements.
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. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-197, Petition No. 915, by Jerald and Glenda Rish and Edward and Linda Trahan, representative Terry T. Neal, P.A., to vacate drainage and utility easements, Harbor Hills, Unit 1A, Section 18, Township 18S, Range 25E in the Lady Lake area - Commissioner District 5.
PETITION NO. 916 - LORI LITTLE - LADY LAKE AREA
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present Petition No. 916, a request by Lori Little, representative Debbie Stivender, to vacate utility easements, Orange Blossom Gardens, Unit 3.1B, Section 7, Township 18S, Range 24E in the Lady Lake area. He presented a plat and noted the location of the parcel in question. He stated that staff was recommending 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. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-198, Petition No. 916, by Lori Little, representative Debbie Stivender, to vacate utility easements, Orange Blossom Gardens, Unit 3.1B, Section 7, Township 18S, Range 24E in the Lady Lake area - Commissioner District 5.
PUBLIC HEARINGS
ORDINANCES - HOMESTEAD EXEMPTION
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance relating to additional homestead exemption for certain qualifying senior citizens, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, RELATING TO AD VALOREM TAXATION; CREATING ARTICLE XI, CHAPTER 13, OF THE LAKE COUNTY CODE, ENTITLED ADDITIONAL HOMESTEAD EXEMPTION; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE COUNTY; PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY AND INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE.
Ms. Sue Whittle, County Manager, distributed a memorandum, dated November 22, 1999, regarding the additional exemption for senior citizens and noted that the information in the memorandum was gathered from the Florida Association of Counties and only contained information on thirteen (13) counties that have addressed this issue.
Mr. Minkoff explained that the Board was not required to grant the total $25,000 homestead exemption and did have the ability to grant less than the $25,000. He noted that there was no way to change the definition of income.
Commr. Cadwell explained that the constitutional amendment was designed for individuals with $20,000 or less per year income to qualify for the additional homestead exemption. He expressed concern that, under the implementation legislation, the definition of
income was the adjusted gross income and would involve individuals in a higher income bracket. He stated that the Board has a concern with the adjusted gross income requirement and would fight to change the implementation legislation in Tallahassee.
Mr. Ed Havill, Property Appraiser, appeared before the Board and explained that the additional homestead exemption would be based on the same requirement as a total and permanent disability exemption for civilians and would be based on a total household income from all persons living in the household. He stated that the additional homestead exemption would leave 100% of the exemption in the pockets of the senior citizens who qualify. He stated that there would be no real cost to the taxpayers of Lake County because new construction coming in each year was in excess of this amount. He stated that the Board was in an unique position to demonstrate leadership by being one of the first counties in the State of Florida to approve the additional homestead exemption to Lake County's low income senior citizens, and he would encourage all of the Board to vote in favor of the additional homestead exemption.
Commr. Swartz clarified that, based on the way that the roll back millage was determined, taking existing value off of the tax roll would result in an increase in the roll back in the next year. He stated that new growth does not play any factor in the roll back.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Roy Hunter, a resident of Paisley, appeared before the Board in support of this request and stated that there were thousands of senior citizens who need the additional homestead exemption and are deserving of the exemption. He stated that senior citizens make up 29.15 percent of Lake County's population and Lake County voted 36,521 in favor of the constitutional amendment as opposed to 21,267 votes in opposition. He submitted a letter from Ms. Merle Kilker in support of this request and stated that Ms. Kilker was a true example of senior citizens in Lake County. He stated that this was the Board's opportunity to reward the senior citizens for all the taxes they have paid and for their service to our country and our county.
Mr. Al Berry, a resident of Clermont, appeared before the Board and urged the Board to approve the additional homestead exemption for senior citizens.
Mr. Ed Watkins, a resident of Okahumpka, appeared before the Board in support of this request and stated that the people spoke when they voted in favor of this amendment. He encouraged the Board to look at the good side of this ordinance.
Mr. Charles Deckman, a resident of Pine Lakes, appeared before the Board in support of the additional homestead exemption and spoke in opposition to the combined total income of all persons living in the household.
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. 1999-109, an ordinance relating to additional Homestead Exemption for Certain Qualifying Senior Citizens, as read on its final reading, by title only.
COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, stated that the request to settle the case of Johnson vs. Greater Construction Corporation, which was approved under the County Manager's Consent Agenda this date, requires a public hearing and would be reheard at this time. He stated that Mr. Steven F. Lengauer, Esq., the Attorney representing the Lake County Board of County Commissioners, has requested authority and approval to offer $7,500 to settle this lawsuit.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the request for authority and approval to settle the case of Johnson vs. Greater Construction Corporation and the Lake County Board of County Commissioners, in the amount of $7,500.00; subject to final review and approval by the County Attorney.
PUBLIC HEARINGS - REZONINGS
It was noted that the following staff members were present for the rezoning hearings: Mr. James N. Smith, Director, Division of Planning and Development Services; Mr. John Cento, Planner III, Planning and Division of Planning and Development Services; and Mr. Michael Carter, Planner III, Division of Planning and Development Services.
PETITION NO. PH#52-99-1 RP TO R-7 HAROLD CANTERBURY
Mr. John Cento, Planner III, Division of Planning and Development Services, explained that this request was to rezone from RP (Residential Professional) to R-7 (Mixed Residential) to allow construction of a single-family residence on a 30,000 square foot parcel in the Leesburg/Montclair area. He presented an aerial map of the parcel in question. He stated that staff was recommending approval to rezone from RP (Residential Professional) to R-7 (Mixed Residential), and the Planning and Zoning Commission has recommended approval by a 7 - 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. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1999-110, a request from Harold Canterbury, Petition No. PH#52-99-1, to rezone from RP (Residential Professional) to R-7 (Mixed Residential) to allow construction of a single-family residence.
PETITION NO. PH#54-99-4 R-1 TO CFD WILLIAM WALKER, TRUSTEE
Mr. John Cento, Planner III, Division of Planning and Development Services, explained that this request was to rezone from R-1 (Rural Residential) to CFD (Community Facility District) to allow for construction and operation of an Adult Congregate Living Facility on approximately 4.1 acres in the Eustis area. He presented an aerial map of the parcel in question. He stated that staff was recommending approval to rezone from R-1 (Rural Residential) to CFD (Community Facility District) with the condition that the applicant be required to connect to the City of Eustis central water and sewer system, and the Planning and Zoning Commission has recommended approval by a 7 - 0 vote.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. David Green, the applicant, appeared before the Board and explained that the Adult Congregate Living Facility would be a non-institutional assisted living community. He stated that the facility would be comprised of eighty (80) one (1) and two (2) bedroom apartments in a city setting that would allow a much better feeling of community and non-institutionalization for those living in the facility. He presented a sketch (Applicant's Exhibit A), and a site plan (Applicant's Exhibit B) illustrating the pedestrian oriented street and pods of apartments with a security gate, landscaping and buffering.
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. 1999-111, a request from William Walker, Trustee, Petition No. PH#54-99-4, to rezone from R-1 (Rural Residential) to CFD (Community Facility District) to allow construction and operation of an Adult Congregate Living Facility with the condition that the applicant be required to connect to the City of Eustis central water and sewer system.
PETITION NO. PH#56-99-4 A TO CFD ASTOR-ASTOR PARK WATER ASSOCIATION
Mr. John Cento, Planner III, Division of Planning and Development Services, explained that this request was to rezone from A (Agriculture) to CFD (Community Facility District) for construction of wastewater treatment facilities on approximately 46.2 acres in the Astor area. He presented an aerial map of the parcel in question. 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 6 - 1 vote.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that Mr. Stanley H. Williams, President, Astor-Astor Park Water Association, 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. 1999-112, a request from Astor-Astor Park Water Association, Petition No. 56-99-4, to rezone from A (Agriculture) to CFD (Community Facility District) for construction of wastewater treatment facilities.
PETITION NO. PH#99/11/2-3 CUP IN HM DAVID P. RECKELL
SBA, INC., MIKE VONDER MEULEN, AICP
Mr. John Cento, Planner III, Division of Planning and Development Services, explained that this request was for a CUP (Conditional Use Permit) in HM (Heavy Industrial) for placement of a 250 foot lattice telecommunication tower and accessory structures on site within an overall parent parcel, and a waiver from applicable landscaping requirements on approximately 11.96 acres in the Astatula area. He presented an aerial map of the parcel in question. He stated that staff was recommending approval of a CUP in HM (Heavy Industrial) and denial of a waiver from applicable landscaping requirements. The Planning and Zoning Commission has recommended approval of a CUP in HM (Heavy Industrial) and denial of a waiver from applicable landscaping requirements by a 7 - 0 vote.
It was noted that Commr. Cadwell departed the meeting at 9:48 a.m.
At this time, Commr. Hanson opened the public hearing portion of the meeting.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, representing SBA, Inc., appeared before the Board and noted that Mr. Mike Vonder Meulen, SBA, Inc., was present in the audience. She stated that the applicant was requesting a CUP (Conditional Use Permit) in HM (Heavy Industrial) on a parcel surrounded by Florida Rock for the location of the telecommunications tower. She stated that they have also requested a waiver of the landscaping requirements due to the parcel being located in an industrial park with little or no landscaping in place and adjacent to a sand mine. She stated that the impact and the positive benefit of landscaping was diminitus, whereas, the adverse impact on the owner in terms of maintaining the landscaping and to run an irrigation system around the base does not seem to be a practicable solution. She displayed three (3) photographs (Applicant's Exhibit A) of the site illustrating the buildings on the site and a berm in place for the tower.
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.
Commr. Swartz questioned if the landscape requirement in the tower ordinance specifies a sprinkler system for irrigation. He stated that he agrees with the staff recommendation of denial of the waiver of the landscaping requirement and explained that a case could be made that today it was not needed, however, as the area develops, that does not mean that tomorrow the landscaping would not be appropriate. At this time, discussion occurred regarding the location of the landscaping.
Mr. Cento displayed on the monitor language under Land Development Regulations, Section 3.13.11, (County Exhibit 1) for wireless antennas, towers, and equipment facilities, which indicates a choice of drought tolerate native vegetation or irrigation.
Ms. Bonifay suggested that the motion read that the applicant has the option to either provide the drought tolerate landscaping around the base of the tower or, with the owner's concurrence, the landscaping could be located on Highway 561.
On a motion by Commr. Swartz, 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. 1999-113, a request from David P. Reckell, SBA, Inc., Mike Vonder Meulen, AICP, Petition No. CUP#99/11/2-3, for a CUP in HM (Heavy Industrial) for placement of a 250 foot lattice telecommunication tower and accessory structures on site within an overall parent parcel; and denied a request for waiver from applicable landscaping requirements.
RECESS & REASSEMBLY
At 10:00 a.m., the Chairman announced that the Board would recess for 15 minutes and reconvene at 10:15 a.m.
PETITION NO. CUP#99/11/1-3 CUP IN A RAY & WANDA SPRADIN
Mr. Michael Carter, Planner III, Division of Planning and Development Services, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) to bring into compliance those uses currently existing on site: a mobile home for use as a caretaker's residence; a chicken farm and two (2) shelters for rabbits; one (1) shelter for boat; two (2) travel trailers on wheels used for storage of supplies; one (1) barn for storage; one (1) storage building for personal storage; one (1) shade house/hobby nursery; gazebo; and a single family residence on approximately a five (5) acre parcel in the Astatula area. He presented an aerial map of the parcel in question. He stated that, if the applicants can meet the conditions set forth in the Land Development Regulations, staff would recommend approval of a CUP in A (Agriculture) with conditions. The Planning and Zoning Commission has recommended approval by a 7 - 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.
Commr. Swartz noted that the ordinance includes the requirement that management and operation plans be submitted to staff for development review prior to permitting. He questioned if the University of Florida also looks at the management and operation plans.
Ms. Sue Whittle, County Manager, responded that the management and operation plans would be reviewed by the Extension Service, the University of Florida, and the United States Department of Agriculture (USDA).
Commr. Swartz directed the Board's attention to Section 3. E. (3) of the ordinance which states "USDA standards for the breeding, production and inspections of poultry and wildlife shall be followed and routinely inspected for compliance. He questioned if the ordinance, through said language, was requiring state or federal government requirements with regard to the raising, and breeding of chickens and selling of the eggs. He stated that he would support this request given that this request would meet all of the requirements of the Lake County Code and the requirement of an annual inspection.
On a motion by Commr. Swartz , 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. 1999-114, a request from Ray and Wanda Spradin, Petition No. CUP#99/11/1-3, for a CUP in A (Agriculture) to bring into compliance those uses currently existing on site: a mobile home for use as a caretaker's residence; a chicken farm and two (2) shelters for rabbits; one (1) shelter for boat; two (2) travel trailers on wheels used for storage of supplies; one (1) barn for storage; one (1) storage building for personal storage; one (1) shade house/hobby nursery; gazebo; and a single family residence, as conditioned.
PETITION NO. Ph#48-99-2 A TO CFD HARVEY & JUNE FENDER
Mr. John Cento, Planner III, Division of Planning and Development Services, explained that this request was to rezone from A (Agriculture) to CFD (Community Facility District) for a church and parsonage/caretaker's residence on approximately a three (3) acre parcel in the Mascotte area. He presented an aerial map of the parcel in question. He stated that staff was recommending denial of the request for rezoning from A (Agriculture) to CFD, and the Planning and Zoning Commission has recommended denial by a 4 - 3 vote.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Jimmy Crawford, Attorney, Hovis, Boyette and Crawford, P.A., representing the applicants, appeared before the Board and stated that the staff recommendation for denial, and the Planning and Zoning Commission recommendation for denial was based on inconsistency with the Lake County Comprehensive Plan and the traffic impact on Highway 50. He presented Comprehensive Plan Policy 1.1.15 (Applicant Exhibit A) and discussed Item 4 which states that all land uses are allowed within the Rural land use category with the exception of five (5) uses. He noted that institutional uses, church uses and school uses are not on the list of prohibited uses. He presented Comprehensive Plan Policy 1-12-.1 (Applicant Exhibit B) which states that necessary Community Facilities are permitted within any future land use designation if such activity satisfies established criteria of the Comprehensive Plan and the Land Development Regulations. He presented Comprehensive Plan Policy 1-5.5 (Applicant Exhibit C) which states that institutional, governmental, transportation, recreational, cultural, communication and utility facilities are permitted in the less intense land use categories only when such development provides regional services, or is incompatible with urban uses or serves the existing needs of the immediate area in which it is located. He stated that the church has approximately 30 members. He explained that Harvey and June Fender have donated Wynnwood Lane, a private lane, to the church, and the Fenders own all of the surrounding land. He presented a site plan (Applicant Exhibit D) and discussed the location of Wynnwood Lane.
Ms. June Fender, representing Rose of Sharon Worship Center, appeared before the Board and provided testimony regarding the history of the church. She stated that they have been meeting in a mobile home on the property, have held tent revivals, and the appropriate permits were obtained from the County. She stated that there were approximately 30 to 52 church members; at which time she submitted a list of the members' signatures (Applicant Exhibit E) in support of the building of the church.
No one present wished to speak in opposition to this request.
At this time, the Board acknowledged members of the church who were present in the audience.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to overturn the recommendation of the Planning and Zoning Commission and approve Ordinance No. 1999-115, a request from Harvey and June Fender, Petition No. #48-99-2, to rezone from A (Agriculture) to CFD (Community Facility District) for a church and parsonage/caretaker's residence.
Commr. Swartz stated that Community Facility Districts do need to be in the urban areas, and he has consistently not supported these community facility districts that are at great length from the rural villages or urban nodes. He stated that he supports the staff recommendation and the Planning and Zoning recommendation for denial.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Swartz voted in opposition.
PETITION NO. PH#47-99-5 R-1 to CFD SHARON SHIELDS
Mr. John Cento, Planner III, Division of Planning and Development Services, explained that this request was to rezone from R-1 (Rural Residential) to CFD (Community Facility District) for a church on approximately a five (5) acre parcel in the Lady Lake area. He stated that staff was recommending denial of the request for rezoning from R-1 (Rural Residential) to CFD based on the incompatibility of the proposed use with the residential subdivision to the north, the other lower-density districts surrounding the parcel, and the lack of central wastewater. He stated that the Planning and Zoning Commission has recommended approval by a 7 - 0 vote. He presented an aerial map of the parcel in question and discussed the location of the parcel.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
Commr. Swartz questioned if the applicant had any opposition to including in the CFD ordinance a requirement to connect to the Town of Lady Lake central water and sewer when it becomes available.
Ms. Barbara Ward, Neil Fischer Realty, appeared before the Board and stated that the Town of Lady Lake has made a condition that, if the proposed zoning was approved, the church would be required to connect to the public water system. She stated that the County Health Department has indicated that the church has taken the necessary steps to assure that the current system meets standards for the number of seats in the church.
On a motion by Commr. Swartz , seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board overturned the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1999-116, a request from Sharon Shields, Petition No. #47-99-5, to rezone from R-1 (Rural Residential) to CFD (Community Facility District) for a church, subject to the mandatory connection to central water from the Town of Lady Lake and mandatory connection to central wastewater system when it becomes available.
PETITION NO. PH#43-99-2 A to PUD THE SUMMIT
Mr. John Cento, Planner III, Division of Planning and Development Services, explained that this request was to rezone from A (Agriculture) to PUD (Planned Unit Development) for construction and development of single family residential homesites with golf course and amenities on approximately 676 acres in the Cherry Lake area. He presented an aerial map (County Exhibit 1) of the parcel in question. He stated that staff was recommending approval to rezone from A (Agriculture) to PUD with conditions, and the Planning and Zoning Commission has recommended approval by a 7 - 0 vote with the understanding that the placement of septic tanks would be a matter of concern with the appropriate regulatory body.
Commr. Swartz stated that he had requested a copy of the PUD Master Plan which he has not received in his backup. He expressed concern that it appears that the areas dedicated to open space are not consistent with the definitions in the Lake County Comprehensive Plan in regard to open space, including the issue of the golf course.
Mr. Jim Smith, Director, Division of Planning and Development, appeared before the Board and explained that the definition utilized by staff in reviewing the PUD was the definition in the Land Development Regulations. He stated that there was a conflict in the Lake County Comprehensive Plan between what was stated in the Wekiva River Protection Area portion of the plan, which does not include golf courses; however, it also states in the same provision that what applies in the Wekiva River Protection Area does not necessarily apply in areas outside of the Wekiva River Protection Area. He stated that there was also a definition of open space in the Comprehensive Plan relating to Rural that would exclude golf courses as being considered open space; however, as previous stated, the definition that staff has relied upon would be the definition in the Land Development Regulations which does permit golf courses to be credited towards the open space requirement. He stated that the issue was which definition would prevail in this case, the Land Development definition of open space that staff has utilized in the past or the more restrictive one which would be under the Rural classification.
Commr. Swartz stated that, if there was a conflict between the Lake County Comprehensive Plan and the Land Development Regulations, it was his understanding that the Comprehensive Plan was the document that would prevail. He stated that the definition that has been relied on for a long time only applies in the Wekiva Protection Area and states that "should definition contained under this policy conflict with the definitions contained elsewhere in the Lake County Comprehensive Plan, the following definition shall only apply in the Wekiva River Protection Area". He questioned if the Lake County Comprehensive Plan contains any language that states that grassed areas of golf courses may be counted as open space other than the definition that comes to impinge on the Wekiva River Protection Area. He discussed policies in the Lake County Comprehensive Plan that address rural areas and open space and stated that, on Page I-3, the definition of Rural area states that the primary function of the Rural area, as designated on the Future Land Use Plan Map, shall be to allow for the continuation of existing agricultural uses, maintained open space, and protect native habitats. He stated that Policy 7-7.2 Protect General Wildlife Populations, of the Lake County Conservation Element, states that Lake County shall, through the Land Development Regulations, maintain species diversity of viable populations of non designated wildlife species and shall be accomplished through provision of open space. He stated that all of these policies point to the Comprehensive Plan indicating that golf courses are not open space and that he has never realized that the one definition that staff has relied on only applies in the Wekiva River Protection Area. He discussed policies in the Lake County Recreation and Open Space Element that state that mandatory dedication of land for recreation space shall incorporate provisions in the Land Development Regulations, and shall require new residential development to provide recreation space consistent with concurrency management. The provision of recreation space for activity based recreation shall be in addition to the area required for open space. He stated that the Open Space Element also contains a definition that appears to be consistent with the open space definition of 9-J-5 of the Florida Administrative Code, and Policy 8.8.5 Open Space Definitions and Standards states that Lake County shall define open space as naturally vegetated pervious surface. Standards would provide for open space requirements for varying development types, including residential, commercial, and industrial development, shall be developed in the Land Development Regulations. Clustering of units shall be required within Plan Unit Developments in order to create and maintain large usable open spaces. He stated that the Land Development Regulations contain a definition of open space and outline what cannot be counted toward open space, and a number of the items listed are being counted toward the open space requirement regardless of the issue of the golf course.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Steven Richey, Attorney, representing the applicant, appeared before the Board and addressed the policy issues presented by Commr. Swartz. He stated that he agrees that the Lake County Comprehensive Plan, with the exception of the Wekiva River Protection Area, was silent; however, the Lake County Comprehensive Plan and many of the policies referred to by Commr. Swartz talks about the Commission adopting Land Development Regulations to do clustering, open space, and corridors. The PUD, before the Board at this time, does all of those things consistent with the Comprehensive Plan. He cited Objective 1-1 Planning For Residential Quality and Neighborhood Cohesiveness; Policy 1-1.2 Allowance for Open Space; and Policy 1-1.13, which requires that eighty percent (80%) of the project site be retained as open space. He stated that the Comprehensive Plan does not define open space; however, the Land Development Regulations, under Section 3.01.02 Classification of Uses, defines open space and the requirements are outdoor recreation uses with a low density of development. He stated that the proposed 135 houses on 675 acres, less the take outs, would qualify as low intensity development, and typical uses include parks, playgrounds, biking, nature trails, picnic grounds, golf courses, and ball fields. He stated that the Land Development Regulations were developed after the Comprehensive Plan was adopted and found by the Department of Community Affairs to be consistent with the Comprehensive Plan. He stated that they have created a corridor in addition to the golf course that more than exceeds the requirements of the Comprehensive Plan and complies with the Land Development Regulations. He stated that the density and open space requirements were approved by staff through three (3) development review processes and were found to be consistent with the Comprehensive Plan and the Land Development Regulations. He noted that Mr. Robert Farner, Engineer, Farner Barley; and Mr. Bob Davis, the developer, were present to provide testimony and to address questions presented by the Board. At this time, Mr. Richey provided a brief history of the project before the Board at this time.
Mr. Robert Farner, Engineer, Farner Barley, appeared before the Board and distributed a site plan (Applicant Exhibit A). He provided testimony in regard to the open space table, land use summary, open space requirement and proposed building setbacks as indicated on the site plan. He stated that gross density was one (1) lot per five (5) acres on 676.10 acres, for a total of 135 lots using central water provided by Florida Waters. He stated that, based on the soil types, the sanitary sewage would be based on individual septic tanks. He discussed stormwater management, in accordance with the St. Johns River Water Management District Regulations, and explained that there would be no alternation to wetlands. He discussed preservation easements reserved for open space and landscaping and restricted as a "No Build Zone".
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.
In response to a question presented by Commr. Hanson, Mr. Smith responded that evidence was presented at the Planning and Zoning Commission to indicate that the soils were compatible with the use of septic tanks.
Commr. Swartz stated that most of the proposed PUD was an ideal way to develop land in the rural area; however, the issues of concern were for the open space requirement. He stated that the Board has the opportunity to recognize that the Land Development Regulations were clearly inconsistent with all of the other citations in the Lake County Comprehensive Plan relating to the open space definition. He stated that the Board cannot ignore the Lake County Comprehensive Plan, and every citation makes it clear that golf courses are not open space. He stated that it was important to Lake County that the Board recognize open space, not golf courses that are recreation based land, if we are going to retain the rural character of the County. Mr. Smith stated that Policy 1-20.1, of the Lake County Comprehensive Plan, states that the definition for open space, including the Wekiva River Protection Area, includes the non-driving range, country club portions of the golf courses as part of the open space and refers you to the definitions within the Land Development Regulations when not referencing the Wekiva River Protection Area. He stated that Policy 8-8.5 states that Lake County shall define open space as naturally vegetated pervious area. He noted that a golf course was a naturally vegetated pervious area.
Commr. Hanson noted that the Board has consistently held that golf courses were to be considered open space. She stated that the market does not support the concept of a natural habitat property at this time; however, as the public is educated on the benefits of being on a natural habitat property, the concept of a natural habitat property may be more accepted.
Commr. Pool suggested that the Board could look at the issue of golf courses as open space through the Comprehensive Plan Amendment process next year. He stated that past golf courses have been considered as green space, and the fact remains that there were no residents in opposition to this project. He stated that this was a desirable project and an asset to the community and to Lake County.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4 - 1 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1999-117, a request from The Summit, Petition No. #43-99-2, to rezone from A (Agriculture) to PUD (Planned Unit Development) for construction and development of single family residential homesites with golf course and amenities
Commr. Swartz voted in opposition.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/COMMITTEES
Ms. Sue Whittle, County Manager, stated that staff was recommending approval for authorization of a $3,000.00 expenditure to hire a facilitator to work with the Health Care Study Sub Committee for the purpose of enabling the Sub Committee to select a model for service delivery, and to determine resources for service delivery model as suggested by the Comprehensive Health Care Committee.
Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board and explained that this was an eight (8) hour workshop, tentatively scheduled on December 16, 1999, for the Health Care Study Sub Committee for the purpose of developing a strategic and action plan to meet the needs of the Lake County Access to Care Study Final Report. He stated that the Health Care Study Sub Committee was composed of representatives from each of the four (4) hospital, a representative of the County Health Department, the Lake County Medical Society, and the Lake County Dental Association.
Commr. Swartz stated that he does not support spending $3,000 for two (2) facilitators to work with the Health Care Study Sub Committee for one (1) day.
Commr. Hanson stated that the Health Care Study Sub Committee believes a facilitator would provide more information and focus on the issues, and Strategics International, Inc. has been recommend by the North Central Florida Health Planning Council. She stated that, if the County would cover the cost of the facilitator, the Sub Committee would provide the refreshments and the facility.
Commr. Cadwell directed staff to look in-house to determine if a staff person has the capability of acting as a facilitator and, if not, determine what services were available through the Institute of Government.
Ms. Whittle stated that this issue would be brought back to the Board.
ORDINANCES/PLANNING
Commr. Cadwell presented the request for consideration of an emergency ordinance relating to shoreline protection.
Mr. Jim Smith, Director, Planning and Development Services, appeared before the Board to address the emergency shoreline ordinance and explained that the County Attorney's Office has indicated that the mechanical provision restriction was too restrictive and may result in legal issues.
Mr. Sandy Minkoff, County Attorney, clarified that the emergency shoreline ordinance, before the Board at this time, would only apply in the unincorporated area of Lake County.
Commr. Pool expressed concern that the emergency shoreline ordinance would prohibit those that legally obtain permits from clearing the shoreline and not affect those who are illegally clearing the shoreline.
Commr. Hanson stated that she was not in support of the emergency shoreline ordinance because the Board was rushing into an ordinance without methodically and rationally looking at the ordinance. It was noted that the first public hearing on the shoreline ordinance has been scheduled on December 14, 1999.
Commr. Swartz stated that Lake County needs the additional provisions in the emergency shoreline ordinance that are not in the state permitting process at this time because of the exemptions which the Legislature provided in House Bill 57. He noted that the Lake County Comprehensive Plan contains provisions that deal with aquatic vegetation, removal, issues within wetlands, water quality and wildlife. He stated that he supports the emergency shoreline ordinance.
Commr. Pool stated that several environmental specialists have indicated that removal of the invasive species was beneficial to the lakes, and the mechanical harvesters were removing the decaying debris and muck to a level not to exceed three (3) feet to get back to the natural soils. He expressed concern that the Board was trying to prohibit people who were legally trying to obtain a permit for shoreline clearing an opportunity to benefit from shoreline clearing.
Commr. Hanson requested that the Florida Game and Fresh Water Fish Commission and the Department of Environmental Protection be present at the public hearing on December 14, 1999.
No action was taken at this time.
OTHER BUSINESS
LEGISLATIVE DELEGATION
Ms. Sue Whittle, County Manager, presented the approval of the 1999 Legislative Delegation Packet and noted that Tab 5 addresses the St. John's River Water Management District's request for funding the development of a parcel layer for Lake County's Geographic Information System Program and said information has been changed asking for support of a Legislative budget request.
Commr. Swartz requested that Tab 2, the request for Funding for Lake Griffin Basin - Stormwater Retrofit, be voted on separately as he does not support the request. He stated that it was not appropriate to go to the Legislature and request $14,889,796 for stormwater run off dealing with Lake Griffin. He stated that Lake County and the municipalities issued the permits and stormwater retrofitting was a local issue.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried by a 4 - 1 vote, the Board approved to include in the Legislative Package 2000 Funding for Lake Griffin Basin - Stormwater Retrofit, in the amount of $14,889,796.
Commr. Swartz voted in opposition.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved to include in the Legislative Package 2000 the following requests:
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS
Mr. Sandy Minkoff, County Attorney, presented the request for assignment of contract from Erza Witsman to J.J. Dahl for legal representation of indigent parents in dependency and termination cases due to the increase in the case load.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for assignment of contract from Erza Witsman to J.J. Dahl for legal representation of indigent parents in dependency and termination cases.
SUBDIVISIONS/CODE ENFORCEMENT
Mr. Sandy Minkoff, County Attorney, presented the request for approval of Release of Lien as to West � of Lot 63 and all of Lot 64, Highland Park Estates, according to the plat thereof as recorded in Plat Book 11, page 62, Public Records of Lake County.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for Release of Lien as to West � of Lot 63 and all of Lot 64, Highland Park Estates, according to the plat thereof as recorded in Plat Book 11, page 62, Public Records of Lake County.
FOR YOUR INFORMATION
Mr. Sandy Minkoff, County Attorney, informed the Board that two contracts would be presented to the Board on December 7, 1999 for the acquisition of the property for the County Road 448 extension.
COMMISSIONER GERBER - DISTRICT NO. 1
FOR YOUR INFORMATION/MEETINGS
Commr. Gerber informed the Board that the World Class Schools Workshop has been rescheduled on December 3, 1999. The workshop will be held in the Lake County Administration Building.
COMMISSIONER POOL - DISTRICT NO. 2
FOR YOUR INFORMATION/ TAX COLLECTOR/SOLID WASTE MANAGEMENT
Commr. Pool informed the Board that the newspaper erroneously reported that the property owners who received a late notice on the solid waste assessment were to bring the notice to the Tax Collector's Office. He clarified that property owners are to bring the bill to the Tax Collector's Office only if it was on the tax notice. All other late notices go directly to Solid Waste Management Services.
COMMISSIONER HANSON - DISTRICT NO. 4
FOR YOUR INFORMATION
Commr. Hanson informed the Board that the Pine Lakes area District Meeting held on November 18, 1999, was very well received.
ASSESSMENTS
Commr. Hanson requested a status report on the erroneous billing of the Lake County Fire Assessment and the Solid Waste Assessment.
At this time, Ms. Sue Whittle, County Manager, discussed the erroneous billings for the Lake County Fire Assessment and stated that staff has identified 1,074 emergency services assessments with erroneous billing information on the tax notice out of 53,000 plus parcels on the certified roll. She stated that the Tax Collector's Office first sent out the revised bills that go to the mortgage companies where money was being held in escrow for payments, and the balance of the revised bills were scheduled to go out on November 17, 1999.
Ms. Whittle discussed the erroneous billings for the Solid Waste Assessment and explained that the computer program that was being used in Solid Waste dated back to 1992 with the original solid waste assessment that was under contract with Mainline. She stated that the program was not Y2K compatible and staff was trying to get the final 1999 tax roll and billing out of the system. She stated that the system had a total crash on August 4, 1999 and a new Perconti program was put in place in August. She explain that the notices went out to the taxpayers; however, there were approximately 9,700 notices in error and approximately 2,800 notices required a decrease in the tax bill. She stated that the Tax Collector's Office will process those, and the information should be complete and delivered by December 3, 1999. She stated that the remaining 6,994 notices require an increase in collection and assessment which will be processed by invoice. She stated that Perconti was creating the electronic data transfer with the Tax Collector for the down load on December 3, 1999. She stated that, during this process, staff was given an opportunity to do audit work with the franchise haulers, and they have identified approximately 2,300 franchise hauler changes. The invoice data transfer should be completed by December 17, 1999. She stated that all rebills will be complete by December 31, 1999.
Ms. Whittle stated that staff has worked very long hours to resolve the problems, and it is believed that the County will have a fully integrated data base with the Perconti system which will allow the County to look at all assessments per parcel.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:06 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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