The Lake County Board of County Commissioners met in regular session on Tuesday, January 25, 2000, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; Rhonda H. Gerber; Robert A. Pool; 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 Commissioner's Office; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted that an Addendum No. 1 and Addendum No. 2 had been added to the agenda.
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:
Community Services/Grants
Request for approval to submit application for the Florida Library Literacy Grant.
ADDENDUM NO. 1
Accounts Allowed/Fiscal & Administrative Services
Request for approval of check request (direct pay) for payment of medical bill for jail inmate to Leesburg Medical Center. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $26,859.11.
Contracts, Leases & Agreements/Growth Management
Request for approval of Settlement Agreement between Lake Medical Services, Inc. and the Lake County Board of County Commissioners.
ADDENDUM NO. 2
Road Projects/Public Works
Request for approval of Resolution No. 2000-14 expressing Lake County's desire to move the date of the PD&E Study for the widening of the S.R. 50 Corridor forward to 2001, earlier than the projected date of 2003.
PERSONAL APPEARANCES
Commr. Marianne Marshall, Nassau County, appeared before the Board to express appreciation to Mr. Bruce Thorburn for a presentation that he made on Database E-911 Addressing to the Nassau County Board of County Commissioners on September 22, 1999. She stated that the Nassau County Board of County Commissioners and staff were very pleased and honored to have Mr. Thorburn, and they wish to thank the Lake County Board of County Commissioners for allowing Mr. Thorburn to visit Nassau County. She apologized for a letter, dated September 14, 1999, that had not been mailed in a timely manner requesting that Mr. Thorburn make the presentation and stating that Nassau County would reimburse Lake County and Mr. Thorburn for all travel expenses. She introduced Ms. Linda Ottinger, 911 Coordinator for Nassau County.
It was noted that Mr. Bruce Thorburn, Communications Systems Director, was in Tallahassee serving on the State 911 Coordinating Board and was not present.
PUBLIC HEARINGS - REZONINGS
ZONING
It was noted that the following staff members were present for the zoning hearings: Ms. Sharon Farrell, Senior Director, Department of Growth Management; and Mr. James N. Smith, Director, Division of Planning and Development Services.
AGENDA UPDATE
Ms. Sharon Farrell, Senior Director, Department of Growth Management Services, informed the Board that Tab 7, Petition No. CUP#00/1/1-4, James Young and Jan Lucas, Tri-Health Hidden Valley Retreat; and Tab 12, Petition No. PH#27-99-2, Franklin Longenbach, have been withdrawn by the applicants. She stated that the applicants for Tab 8, Petition No. PH#57-99-2; and Tab 13, Petition PH#53-99-4, were requesting a 30 day continuance.
Mr. Elmer Webb, a resident on Estes Road, appeared before the Board and requested clarification on the withdrawal process for Petition No. CUP#00/1/1-4; at which time, Commr. Cadwell explained that the applicants would be required to begin through the process from the beginning, which would include appropriate notification, if the request is brought back to the Board in the future.
POSTPONEMENTS
PETITION NO. PH#57-99-2 AMD. TO MP ORD. #5-85 H. LANCIANA & THOMAS & ERNEST RODRIGUEZ, RINKER MATERIALS CORPORATION
(CSR RINKER)
Ms. Sharon Farrell, Senior Director, Department of Growth Management, informed the Board that the applicant was requesting a 30 day postponement on Petition No. PH#57-99-2, Rinker Materials Corporation, CSR Rinker.
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 approved a request for a 30 day postponement from Henry Lanciani, Thomas Rodrigues, Ernest Rodrigues/Rinker Materials, Petition No. PH#57-99-2.
PETITION NO. PH#53-99-4 AMD. TO PUD ORD. #40-91 CROSS-TIE RANCH
TIMOTHY W. GREEN, GREEN CONSULTING GROUP, INC.
Ms. Sharon Farrell, Senior Director, Department of Growth Management, informed the Board that the applicant was requesting a 30 day postponement on Petition No. PH#53-99-4, Cross-Tie Ranch, Timothy W. Green, Green Consulting Group, Inc.
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 approved a request for a 30 day postponement from Cross-Tie Ranch/Timothy W. Green, Green Consulting Group, Inc., Petition No. PH#53-99-4.
PETITION NO. PH#1-00-3 A TO MP JAN CHARLES POTTER/
MID-STATE PRECOOLING, INC.
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from A (Agriculture) to MP (Planned Industrial) for a warehouse distribution center on a 6 acre parcel in the Lake Jem area. She presented an aerial map of the parcel and explained that there was an existing warehouse on the property and, based on the fact that this was an existing structure and on the proposed uses, staff was recommending approval to rezone from A (Agriculture) to MP (Planned Industrial); and the Planning and Zoning Commission has recommended approval by a 9 - 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 made a motion, which was seconded by Commr. Pool, to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2000-1, a request from Mid-State Precooling, Inc. /Jan Charles Potter, Petition No. PH#1-00-3, to rezone from A (Agriculture) to MP (Planned Industrial) for a warehouse distribution center - Tracking No. #1-00-MP.
Commr. Hanson stated that she was pleased that staff has found a way to help the applicant. She stated that, although the crops are no longer in place around Lake Apopka, the asset was still there, and it was an asset for Lake County if the property can be used for business.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
PETITION NO. CUP#00/1/4-4 CUP IN A MARY ANN MYLOTT
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) for a mobile home for the temporary care of the infirmed on a 4.7 acre parcel in the Pine Lakes area. She present an aerial map of the parcel. She 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, as amended, changing the removal requirement of the second mobile home from 30 days to 90 days. There were four letters in opposition and one letter of concern to this request. She stated that the applicant has provided a Physician's Affidavit affirming the medical necessity for health care assistance.
Commr. Gerber stated that Lake County Comprehensive Plan Policy 5-4.4: Provision for Temporary Housing for Care of the Infirm or Disabled, provides for provisions for parcels less than five (5) acres to allow the conversion of a garage or room within an existing single family dwelling unit to a single room apartment for temporary housing for the care of the infirmed or disabled family member. She stated that Policy 5-4.4 also provides a provision to allow mobile homes on five (5) acres or more based on issuance of a CUP for temporary housing for the care of the infirmed or disabled family member. She noted that Policy 5-4.4 does not allow a mobile home for the care of the infirmed on less than five (5) acres.
Ms. Farrell explained that the small amount less the five (5) acres was due to right-of-way dedication during the lot split process, and staff was comfortable processing it as a true five (5) acre tract.
Commr. Gerber stated, for the record, that she had a problem with the number of requests for a CUP for a second mobile home on less than five (5) acres for the temporary care for the infirmed.
Commr. Cadwell stated that he also had concerns; however, his concerns have been eased with the CUP process and the yearly inspections. He stated that the second mobile home was required to be moved if the necessity was no longer present. He requested that staff research the number of CUPs in place for a second mobile home for the temporary care of the infirmed, when they were granted and how many have been moved off the parcel after the need has ended.
Ms. Farrell discussed the provision for an accessory apartment which requires twenty-five (25%) percent of the main structure or 800 square feet whichever is less. She noted that this requirement makes it difficult when you get into whichever is less because of the size of their homes.
Commr. Gerber stated that it was important to provide a place or a way for families to care for an infirmed relative and suggested that staff look at the requirement of twenty (25%) percent or 800 square feet, whichever is less.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Cindy Mylott, the applicant, appeared before the Board and stated that the mobile home in place at this time was not handicapped accessible for her sister-in-law in a wheel chair, and the new mobile home was a 1999 handicapped accessible mobile home.
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. 2000-2, a request from Mary Ann Mylott, Petition No. CUP#00/1/4-4, for a CUP in A (Agriculture), as amended, changing the removal requirement of the second mobile home from 30 days to 90 days, for a mobile home for temporary care of the infirm - Tracking No. #2-00-CUP.
PETITION NO. CUP#00/1/3-3 CUP IN A EARL D. & WILLIE R. WISE
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) for a mobile home for the temporary care of the infirm on a 6 acre parcel in the Lake Jem area. She presented an aerial map of the parcel. She 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, as amended, changing the removal requirement of the second mobile home from 30 days to 90 days. She stated that the applicant has provided a Physician's Affidavit affirming the medical necessity for health care assistance. There were three letters in opposition to this request.
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 upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2000-3, a request from Earl D. & Willie R. Wise, Petition No. CUP#00/1/3-3, for a CUP in A (Agriculture), as amended, changing the removal requirement of the second mobile home from 30 days to 90 days, for a mobile home for the temporary care of the infirm - Tracking No. #3-00-CUP.
PETITION NO. PH#5-00-1 CFD TO A CAROL STANAGE
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from CFD (Community Facility District) to A (Agriculture) to allow a replacement mobile home on a 7.5 acre parcel in the Leesburg area. She stated that staff was recommending approval to rezone from CFD (Community Facility District) to A (Agriculture); and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote. She stated that there were no letters in opposition to this request.
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. 2000-4, a request from Carol Stanage, Petition No. PH#5-00-1, to rezone from CFD (Community Facility District) to A (Agriculture) to allow a replacement mobile home on site - Tracking No. #4-00-Z.
PETITION NO. CUP#00/1/2-4 CUP IN A RICHARD SLAUGHTER
SBA, INC., MIKE VONDER MEULEN, AICP
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) to allow placement of a 250 foot self-supporting telecommunication tower on a .23 acre lease parcel within the 19.9 acre parent tract in the Astor area. She presented an aerial map of the parcel and explained that the Board of Adjustments had granted a variance to Section 3.13.07(B) Setbacks of the Lake County Land Development Regulations to allow a waiver to the requirement for placing towers in the center of the parent parcel due to the location of the lake on the property. She 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. She stated that there were no letters in opposition to this request.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, representing the applicant, appeared before the Board and requested that the Board approve the recommended ordinance that has been approved by the Lake County Planning and Zoning Commission and recommended by County staff, noting that the variance has been granted.
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. 2000-5, a request from Richard Slaughter, SBA, Inc., Mike Vonder Meulen, Petition No. CUP#00/1/2-4, for a CUP in A (Agriculture) to allow placement of a 250 foot self-supporting telecommunication tower on a .23 acre lease parcel within the 19.9 parent tract - Tracking No. #7-00-CUP.
PETITION NO. MSP#00/1/1-2 MINING SITE PLAN IN A CR 474 PLANT EXPANSION, RINKER MATERIALS CORPORATION
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a Mining Site Plan in A (Agriculture) to allow a sand mine on a 56 acre parcel in South Lake County. She presented an aerial map of the parcel and explained that this was an expansion of an existing sand mine in the vicinity of several sand mines in the Green Swamp Area of Critical State Concern. She stated that this request has been reviewed by Water Resource Management and an analysis has been done indicating that there were no negative hydrogeological impacts. She stated that staff was recommending approval of the Mining Site Plan; and the Planning and Zoning Commission has recommended approval by a 9 - 0 vote. She stated that there were no letters in opposition to this request.
Mr. Allan Hewitt, Lake County Water Resource Management, appeared before the Board to address questions and concerns presented by Commr. Swartz in regard to clarification on the analysis of the soils, permeability, and the confining layer and where these issues can be located in the Mining Site Application (County Exhibit 1) for the 474 Sand Mine Expansion. Mr. Hewitt explained that Plate No. B-15, Cross Section F-F, shows the undifferentiated Hawthorn Group boundaries and illustrates the levels of the confining layers and the topography of the land. He stated that Plate No. B-18, Expansion Area Cross Sections, illustrates the water table, base of mine pit and the semi-confining unit. He explained that there was a semi-confining unit prior to the Hawthorne Group, which was the historical geologic cross section on Plate No. B-15, and the semi-confining unit was delineated by the wells on Plate No. B-18. He explained that a semi-confining unit means there was less hydraulic conductivity between the surficial aquifer and the Floridan aquifer than there would be in a complete confining unit.
Commr. Swartz stated that Page B-10 states that the intermediate semi-confining unit consists of Miocene age, Hawthorn Group sediments, predominantly sandy clay and clayey silt and was found to range up to 20 feet. It further states that the top of the Hawthorn Group occurs at approximately 55 to 65 feet NGVD. He questioned how deep the applicant would be mining.
Mr. Hewitt stated that the NGVD would be approximately fifty (50) feet as illustrated on Plate No. B-18, Expansion Area Cross Sections.
In response to a question presented by Commr. Swartz in regard to the use of the term intermediate semi-confining unit, Mr. Hewitt explained that the intermediate semi-confining unit terminology was used when there may be some confining unit between the Hawthorne Group and the surficial aquifer that may retard the flow of water between the two systems. He explained that Plate No. B-15, Cross Section Station F-F, Undifferentiated Surficial Sand, illustrates the full confining unit for the Floridan aquifer. He discussed Plate No. B-17, Deep Cross Section and Location Map, which shows the Engstrom property and illustrates the layers for the surficial aquifer system, intermediate confining unit, and Floridan aquifer system.
Commr. Swartz questioned if there was an analysis in the Mining Site Application which shows how much water will be evaporated on the surface of the dredge pit. Mr. Hewitt responded that there was not; however, there were wetlands and conservation easements that are studied adjacent to mine pits to determine any impact with water levels, and a three to four year study has found no impacts on associated wetlands within mining areas.
Commr. Swartz requested clarification on the operation of the mine, the process being used for the separation of the sands from the tailings, and if the potential for a spill has been eliminated or does that continue to be a possibility.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Leslie Campione, Attorney, representing the applicant, appeared before the Board and stated that Mr. Mark Davies, a representative of Rinker Materials Corporation, was present to address technical questions and concerns of the Board.
Mr. Mark Davies, Rinker Materials Corporation, appeared before the Board and explained that the mining operation was moving to the front of the property and would not change. He directed the Board's attention to Plate No. B-13, On Site Well Locations, and noted the location of the Black Jack Mine, which was the first lake mined in the early 1980s; the Engstrom mine, which was the second mine; and the Bailey-Johnson Mine, which was the current mining operation. He explained that the materials are pumped from the lake through pipe lines over to the plant, and the materials are processed through the plant and put out as a product in stockpiles. The materials that are the fine sands and clays that are not porous enough to meet product gradation are then pumped back to the south end of the Bailey-Johnson tract. He stated that there was a recirculation of both water and material and the process would not change as they move up to the front of the property. He explained that, when Florida Crushed Stone was mining the operation, there was a fifteen (15) to twenty (20) foot dike above natural ground surface and one of those dikes failed and a spill occurred in the wetlands. He further explained that currently they are fluming into the lake below ground elevation and there was no dam or dike that has to hold the material. At this time, he presented ten (10) photographs (Applicant's Exhibit A) illustrating the reclamation that has taken place and discussed same. He stated that the expansion for the 52 acres would provide three (3) to four (4) years of additional mining, and there were no definitive plans for the parcel after the mining operation subsides. He stated that they were working with the Wildlife Habitat Council to put a wildlife habitat and conservation plan on the property which would go above and beyond the reclamation requirements of Lake County. He stated that Rinker Materials has been discussing with the State placing an easement on the property and possibly maintaining the property for a fishing lodge type activity. He stated that they own approximately half of the acreage and lease half of the acreage.
Commr. Swartz requested that a copy of the above noted conservation standards being used by Rinker Materials be furnished to County staff and to himself for review.
Mr. Davies discussed the definition of a semi-confining unit and confining unit and stated that there was no truly confining unit. He explained that over a period of time some water was going to percolate from one unit to the next depending on head pressures. He stated that, in the thirty holes that have been drilled on the 52 acre parcel, they have found the Hawthorne Group unit to be continuous underneath the property and they will stay above that confining unit.
Ms. Nancy Fullerton, President, Save Our Lakes Committee, Inc., appeared before the Board to discuss this request. It was noted that a letter, dated January 23, 2000, (Opposition Exhibit A) from Ms. Fullerton, had been distributed prior to the discussion. Ms. Fullerton stated that the Save Our Lakes Committee has some concerns regarding the Rinker Sand Mine expansion. She stated that the cumulative effect of sand mining in the Green Swamp Area of Critical State Concern will become more of a concern and the necessity of a healthy Green Swamp is totally paramount to the health of Lake County waters. She stated that the Save Our Lakes Committee was requesting that the Board consider a conservation easement on the fifty (50%) percent of the site owned by Rinker Materials.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Gerber requested that the word "substantial" be removed from Section 3. A. of the ordinance.
Commr. Swartz requested clarification on the significance of the numbers on Table B-5, Comparison Surficial Aquifer Water Table Elevations and Upper Floridan Aquifer Potentiometric Levels, of the Mining Site Application. Mr. Hewitt explained that the difference in the surficial aquifer and the upper Floridan aquifer would be the seasonal changes to the head pressure.
Mr. Mark Stevens, representing Rinker Materials Corporation, appeared before the Board and explained that Table B-5 illustrates the water level at the mine from surficial aquifer on-site in the vicinity of the expansion area from one monitor well on-site. Table B-5 also illustrates potentiometric levels from the Floridan aquifer well just to the east of the property on Green Swamp Road collected by the Florida Department of Environmental Protection. Table B-6 illustrates two wells side by side on Green Swamp Road just east of the property and provides a good comparison of water table levels and potentiometric levels to show what the grading was between those two aquifers. He stated that the changes in the head difference between the surficial aquifer and upper Floridan aquifer were from seasonal natural variations. He discussed Table B-8, Semi-Confining Unit Data, and explained that said data was taken from wells in areas around the site but not in the area of the mining expansion. In response to a question by Commr. Swartz in regard to Well LK7428, Mr. Stevens explained that Well LK7428 was approximately four (4) miles west of the property and illustrates, in Table B-8, data indicating "absent" and shows that the confining unit was variable in the Green Swamp area.
Commr. Pool stated that he would appreciate the opportunity to discuss the mining industry in a workshop and requested that staff schedule a workshop between the Board of County Commissioners, County staff, and the mining industry.
In response to Commr. Swartz's earlier question, Mr. Stevens explained that the confining layer was uniform across the expansion site. He stated that Plate No. 18 illustrates that the semi-confining unit was present in each of the borings taken along the northwest-southeast axis and the northeast-southwest axis; and Plate No. 19 illustrates all of the borings that were drilled on the Expansion Area Cross Section Location Map.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2000-6, a request from Rinker Materials Corporation, CR 474 Sand Plant Expansion, Petition No. MSP#00/1/1-2, as amended, removing the word "substantial" from Section 3. A. of the ordinance, for a Mining Site Plan in A (Agriculture) to allow for a sand mine - Tracking No. #6-00-MSP.
RECESS & REASSEMBLY
At 10:10 a.m., the Chairman announced that the Board would recess and reconvene at 10:25 a.m.
PETITION NO. PH#3-00-4 AMD. TO CP ORD. DANIEL J. & MONICA CONNOLLY
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for an amendment to existing Ordinance No. 1999-71 to allow a ten (10) foot setback on a 1.35 acre parcel in the Astor area. She stated that staff was recommending approval to amend the Ordinance to provide for a fifteen (15) foot setback from all roads and rights-of-way and property lines; and the Planning and Zoning Commission has recommended approval by an 8 - 1 vote, as amended, to allow a fifteen (15) foot perimeter setback from all roadways and property lines. She stated that there was one letter in opposition to this request.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, appeared before the Board and stated that the applicants, Daniel and Monica Connolly, were present in the audience. She explained that Mr. and Mrs. Connolly, a year ago, did a site plan for the back portion of a site in the Astor area and had vacated some of the streets in the surrounding area that have been deeded back to the adjacent property owners. She stated that the front portion of the property was utilized for boat sales and storage. She stated that the surrounding area offers a mixture of commercial, industrial and residential zoning uses. Ms. Bonifay explained that the first property and the second property were combined into one combined ordinance and designated as properties A-1 and A-2 with separate legals. In doing that, the setbacks were shown to be standard code for code setbacks; however, the site would not work and the property could not be developed using the fifty (50) foot setbacks. She stated that the applicants have requested the fifty (50) foot setback be changed to a 10 foot setback; however, the applicant has agreed to the 15 foot setback as recommended by staff. She submitted thirty photographs (Applicant's Exhibit A) that were previously submitted as part of the first hearing and discussed photographs that illustrate a heavy tree line buffer that exists around the Robert Deacon property. She noted that Mr. Deacon had written a letter in opposition to this request.
Commr. Cadwell disclosed that he was an employee of Beyer's Funeral Home, who owns property directly across the street; however, he does not have a financial interest in Beyer's, therefore, does not have a conflict of interest.
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. 2000-7, a request from Daniel J. & Monica Connolly, Petition No. PH#3-00-4, for an amendment to the existing CP zoning (Ordinance No. 1999-71) to allow for a fifteen (15) foot setback from all roads and rights-of-way and property lines - Tracking No. #9-00-CP/AMD.
PETITION NO. #46-99-2 A TO PUD R. DOUGLAS SADLER/MAGNOLIA CENTER
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from A (Agriculture) to PUD (Planned Unit Development) to allow for a retail shopping plaza, offices, industrial, retail, multi-family or institutional uses on a 22.46 acre parcel in the South Lake County/Montverde area. She explained that this parcel, located on S.R. 50, was zoned A (Agriculture) in Urban Expansion Future Land Use, and the site was located in a community commercial "dot" designation on the Future Land Use Map. She noted the location of the parcel on the aerial map and discussed adjacent zoning. She stated that staff was recommending approval to rezone from A (Agriculture) to PUD (Planned Unit Development), as amended, deleting hotel as a permitted use under Section 1.A. of the Ordinance. The Planning and Zoning Commission has recommended denial by a 7 - 3 vote because it was premature for the area and did not meet commercial location criteria. She stated that there were no letters in opposition to this request.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Leslie Campione, Attorney, representing the applicant, appeared before the Board and submitted an aerial (Applicant's Exhibit A) of the site and discussed the location of the Magnolia Point Subdivision, Magnolia Condos, and the proposed site. She stated that the terms of the ordinance have been discussed with the residents and developers of Magnolia Point in terms of addressing concerns with regard to buffering along Magnolia Point Blvd., and the buffer along the south boundary of the property. She stated that the ordinance provides that there would be a twenty-five (25) foot buffer of existing solid pine trees along the south boundary of the subject property adjacent to the Magnolia Condos and an additional buffer along Magnolia Point Blvd. beyond what was required in the Lake County Land Development Regulations. She explained that, if mini-warehouse type structures are built, they have agreed to additional buffers and that the mini-warehouse would not be used for an office type use. She stated that the ordinance provides for a 200 foot setback from the south property line of the subject property and no loading docks or dumpsters would be located within 400 feet of any Magnolia Point property line. She stated that the applicants have added Architectural Design Standards to the ordinance which include lighting requirements and signage requirements. At this time, she displayed on the monitor the Magnolia Center Architectural Design Standards (Applicant's Exhibit B) illustrating the architectural design of the proposed signage. She stated that there will be a full median cut on S.R. 50 that will become the primary access, and Magnolia Point Blvd. will be a secondary access and will also function as a collector type road for the residents that live in Magnolia Point with direct access to Magnolia Center. Ms. Campione stated that the issue of a hotel use was raised by staff and was not an issue of concern with the Magnolia Point residents and the developer. She stated that their market studies are showing that a hotel was a very viable use for the location in light of the Industrial Park located directly across S.R. 50 and the spacing between other commercial intersections. She requested that "hotel" be a permitted land use.
Mr. Jim Rahman, a resident of Magnolia Point, appeared before the Board in opposition to this request, and discussed buffering, traffic concerns, a concern that the mini-warehouses would be redundant because of adjacent mini-warehouses and stated that a hotel would be a detriment to the area. He submitted a petition (Opposition's Exhibit A) with signatures of homeowners of Magnolia Pointe contesting the approval of Magnolia Center.
Mr. Steven Richey, Attorney, representing Dan Decker, the developer of Magnolia Point, and various homeowner's associations that are either under the developer's control or have been turned over to the homeowner's association, appeared before the Board and stated that they were vigorously opposed to the Magnolia Center development as originally filed because it allowed for business and industrial uses on the southern part of the property and did not appear to have the specificity that would protect the 526 units proposed in Magnolia Point. He stated that they have resolved those conflicts with the developer and, by allowing this property to develop and to interconnection to the full median cut on S.R. 50, it was felt by his clients that it enhances their ability to get to a signalized intersection in the future. He stated that his clients were no longer in opposition to the proposed ordinance and had no problem with the height restrictions, setbacks or allowing a hotel/motel at some future date with the understanding that nothing would be placed on the second phase until substantial road improvements are made at the intersection.
Ms. Campione discussed the silva cultural pine forest and submitted a diagram (Applicant's Exhibit C) illustrating the existing berm of pine forest, live oaks, and oak tree growth along the southern property boundary. She discussed the location of the proposed traffic light at the full median cut on S.R. 50, as illustrated on Applicant's Exhibit B, and explained that there would be cross access available through the site to Magnolia Point Blvd. She submitted a preliminary site plan (Applicant's Exhibit D) on the monitor; at which time discussion continued regarding access to S.R. 50 and an appropriate site for the traffic light.
Ms. Farrell stated that staff was firm on their recommendation not to include "hotel" as a land use which would be more appropriately placed in corridor commercial.
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. 2000-9, a request from Douglas Sadler, Magnolia Center, Petition No. PH#46-99-2, to rezone from A (Agriculture) to PUD (Planned Unit Development), as amended, deleting "hotel" from Section 1.A. of the ordinance, to allow for retail shopping plaza, offices, industrial, retail, multi-family or institutional uses - Tracking No. #73-99-PUD.
In response to a question presented by Commr. Gerber, Ms. Farrell explained that there were no design guidelines for shopping center PUD sites. She stated that a guest speaker from Collier County has been scheduled for a workshop with the Board in March to discuss PUD design guidelines and staff has drafted an ordinance for approval.
In response to a question presented by Commr. Swartz, Ms. Farrell stated that staff has recommended a PUD for Magnolia Center instead of CP (Planned Commercial) zoning due to the variety of mixed uses that were presented originally and issues with the proposed mini-warehouse storage. She stated that staff felt that a PUD would provide the requirement for open space and would have more flexibility.
Commr. Swartz stated that he would not support the motion to approve this request because of the degradation of the roadway on S.R. 50. He stated that this PUD would be a traffic attractor and was absolutely premature until the roadway on S.R. 50 has been improved. He stated that it makes no sense to approve this request on the same day that the Board has approved a resolution expressing Lake County's desire to move the date of the PD&E Study for the widening of the State Road 50 Corridor forward. He explained that one of the requirements under Community Activity Center states that you shall not degrade the proper functioning of the adjacent roads below the established level of service. He stated that this PUD will degrade the roadway and does not meet commercial locational criteria.
Commr. Pool discussed the number of subdivisions in a three mile radius surrounding the Johns Lake area and stated that there were a great number of people that would utilize and benefit from a shopping center at the proposed location instead of going elsewhere. He stated that a local shopping center would cut down on the trips on S.R. 50 and make it a better and safer corridor.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Swartz voted in opposition.
PETITION NO. PH#4-00-4 A TO CP MARY LEE BOONE
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from A (Agriculture) to CP (Planned Commercial) to allow for construction of fast food restaurants on a five (5) acre parcel in the Mt. Plymouth/Sorrento area. She stated that staff was unable to recommend approval of the requested rezoning from the A (Agriculture) zoning district to CP (Planned Commercial) given that the request fails to meet the criteria established within the Lake County Comprehensive Plan for commercial development within the Wekiva River Protection Area. She stated that staff recognizes the need for a small area study in the Mt. Plymouth/Sorrento Urban Compact Node that would result in a more logical and sustainable zoning pattern than currently exists and assist the County in promoting the Rural Village Concept. She noted that the Department of Growth Management has scheduled to begin a Small Area Study for the Mt. Plymouth/Sorrento area in Year 2000. She stated that, if the request for commercial zoning was approved, staff recommends that this request be limited to a fast food restaurant not to exceed 5,000 square feet. The Planning and Zoning Commission has recommended approval by a 8 - 0 vote. She stated that there were no letters in opposition to this request.
Commr. Hanson requested clarification on language in the staff report which states that there is already at least 2.5 acres of "non-vested" commercially zoned lands in the vicinity.
Ms. Farrell noted the location of the aforementioned 2.5 acres of "non-vested" commercially zoned lands on the aerial map and explained that said parcel was post Comprehensive Plan and was not one of the vested commercial sites.
Commr. Hanson stated that the staff report also states that the proposed site was cleared pasture and clarified that the site was not cleared pasture.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Bonnie Roof, representing the applicant, appeared before the Board and explained that this request was for a fast food restaurant with a commercial building of 5,000 square feet on a five (5) acre tract of land. She stated that there would be a large vegetative buffer to the north. This property was within the commercial center and would be an unique site for a fast food restaurant that would serve the community. She discussed the number of subdivision in the surrounding area.
Commr. Pool questioned language in the Minutes of the January 5, 2000 Planning and Zoning Commission meeting where it states that Ms. Roof stated that a high tech-type system would be harmful to the environment. Ms. Roof clarified that a high tech-type system would not be harmful to the environment and noted that the minutes were in error.
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. Hanson informed the Board that the light at C.R. 435 and S.R. 46 will be in place in approximately five (5) months which will help the traffic situation. She stated that this was in the Wekiva Basin and the biggest problem was not with the zoning, because there was a need for neighborhood services in the area, but that the area should not be in the Wekiva Basin because it was an Urban Compact Node. She stated that Lake County's regulations were faulty in that regard. She stated that this would not be a traffic attractor and would service people not only in the local area but those who are passing through the area.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried by a 4 - 1 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2000-8, a request from Mary Lee Boone, Petition No. PH#4-00-4, to rezone from A (Agriculture) to CP (Planned Commercial) to allow for construction of fast food restaurants - Tracking No. #11-00-CP.
Commr. Swartz voted in opposition.
ADDENDUM NO. 1 (CONTINUED)
ACCOUNTS ALLOWED/COMMUNITY SERVICES/LIBRARIES
Ms. Wendy Breeden, Library Services Manager, appeared before the Board to present the request for authorization to lease, as a public library, approximately 6,300 square feet at the Summerbay Shopping Center, in the estimated amount of $50,400.00 for Fiscal Year 1999/2000. She stated that this scenario would allow the County to open a library this year and noted that the lease was for a five (5) year period with the ability to cancel the lease after three (3) years.
In response to a question presented by Commr. Pool, Ms. Breeden explained that staff has discussed this issue with the adjoining counties. Orange County feels that they do not have enough residential in the area of the library at this time, and Polk County has indicated that they are not interested in a partnership at this time. She stated that the County has a reciprocal borrowing agreement with Orange County but not with Polk County.
Commr. Pool stated that the County should not allow adjoining counties to use Lake County's library facilities without a fee or an agreement that would allow Lake County residents to utilize their facilities.
Ms. Breeden stated that there was a $30.00 user fee for adjoining county residents to use Lake County libraries, as outlined in the Library Services policy, and that Orange County has indicated that they would be interested in participating in a large regional library in the future but not interested in participating in a small library.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for authorization and approval to lease, as a public library, approximately 6,300 square feet at Summerbay Shopping Center for a five year period, at the quoted price; and approval for signature pending modification and approval by the County Attorney, at an estimated amount if $50,400.00 for Fiscal Year 1999/2000.
REPORTS
COMMISSIONER GERBER - DISTRICT NO. 1
FOR YOUR INFORMATION
Commr. Gerber informed the Board that the Multi-Cultural Showcase of the Performing Arts, held at Lake Sumter Community College on January 21, 2000, was a big success.
COMMISSIONER POOL - DISTRICT NO. 2
RESOLUTIONS/PUBLIC WORKS
Commr. Pool expressed his appreciation to the Board and the Department of Public Works for passing the resolution to move forward the date of the PD&E Study for the widening of the S.R. 50 Corridor from Year 2003 to Year 2001.
ROADS-COUNTY & STATE/WATER AUTHORITY
Commr. Pool stated that he was in receipt of a letter from Dr. Robert Taylor, Executive Director, Lake County Water Authority, dated January 20, 2000, requesting that the Board work with the Water Authority to alleviate the problems that presently exist where the Crescent Canal passes under Bronson Road.
Commr. Cadwell noted that this issue would be placed on an agenda in the near future.
COMMISSIONER HANSON - DISTRICT NO. 4
RAILS TO TRAILS/MUNICIPALITIES
Commr. Hanson informed the Board that she was in the Apopka/Winter Garden area over the weekend and was surprised at how far north the rail/trail was coming into Apopka. She discussed the opportunities that Lake County has to move forward with the Rails to Trails project and the opportunity to schedule a meeting with Orange County to discuss a partnership to bring their rail/trail line into Lake County either in the Sorrento area or in the Mount Dora area and to look at a trail head into Seminole County. She stated that this would result in a trail from Mount Dora to Minneola, and she would like to see Lake County move forward in that direction. She suggested that, perhaps, para mutual dollars could go toward this project.
Ms. Sue Whittle, County Manager, stated that an update on the Rails to Tails projects would be presented to the Board in the near future.
COMMISSIONER CADWELL - CHAIRMAN & DISTRICT NO. 5
MEETINGS
Commr. Cadwell informed the Board that presentations by the Orlando Expressway Authority and the Florida Turnpike have been scheduled on February 1, 2000, at 1:30 p.m. He stated that the Lake County School Board has requested a joint meeting with the Board to discuss the South Lake County area.
Ms. Sue Whittle, County Manager, stated that a tentative joint meeting with the Lake County School Board has been scheduled on February 1, 2000, at 11:00 a.m., and she would confirm this date with the School Board.
MARCH OF DIMES
Commr. Cadwell distributed a memorandum, dated January 25, 2000, to the Commissioners requesting their participation in the March of Dimes "Challenge", to join in on a letter to all County employees encouraging their participation in The March of Dimes WalkAmerica 2000, and to walk with their fellow leaders and employees at the WalkAmerica on April 15, 2000.
COUNTY MANAGER
FOR YOUR INFORMATION/MEETINGS
Ms. Sue Whittle, County Manager, informed the Board that staff has been reviewing the EMS proposals that the County has received for ambulance service, and a presentation would be made by the two companies that have submitted proposals on February 15, 2000. She stated that representatives from the municipalities, the two hospitals, and the League of Cities would be invited to attend.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:55 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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