A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

July 25, 2000

The Lake County Board of County Commissioners met in regular session on Tuesday, July 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 Chair; Rhonda H. Gerber; Robert A. Pool; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Valerie Fuchs, Assistant County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; 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 a printed Addendum No. 1 had been added to the agenda.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests:

Accounts Allowed/Courts-Judges



Request for approval of Satisfaction and Release of Fine - Eugene C. Rohrer, Order of Fine, in the amount of $400.00, dated December 17, 1998, and recorded in Official Records Book 1617, pages 1574 and 1575, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida on the 22nd day of December, 1998; and authorized proper signature on same.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment - Walter and Patricia Braden and Child Eugene Harold Braden, Case No. 89-663 CJ, in the amount of $50.00. This Final Judgment entered on the 12th day of July, 1989, and recorded in OR Book 1019, page 1430, of the Public Records of Lake County, Florida; and authorized proper signature on same..



Request for approval of Satisfaction of Judgment - State of Florida vs. Willie J. Slater, Case No. 99-4635-MM-A-01-AC, in the amount of $150.00. This Final Judgment entered on the 25th day of April, 2000, and recorded in OR Book 1815, page 1254, of the Public Records of Lake County, Florida; and authorized proper signature on same.



Bonds - Contractor



Request for approval of Contractor Bonds, as follows:



NEW



1795-00 Charles Simanoski

4372-00 Control Engineering Group, Inc. (Electrical)

5789-00 Richard Roland Grigley dba Roland Grigley Electric Company

5790-00 David Ulrich (Carpentry)

5791-00 Jimmy L. Quale dba J.Q. Electric Contractor





Accounts Allowed/County Property



Request for approval of list of items to be deleted from Fixed Assets for the month of August, 2000, in the amount of $90,542.21.



Accounts Allowed



Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.



State Agencies



Request to acknowledge receipt of letter from the Southwest Florida Water Management District regarding an update on the District and Local Actions During Ongoing Drought.



Budgets/Reports



Request to acknowledge receipt of Annual Local Government Financial Report for the Fiscal Years 1996-1997 and 1997-1998 for Village Center Community Development District, pursuant to Florida Statutes 218.32.



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending June 30, 2000. Disbursements made to Board: $151,024.61; Same period last year: $137,457.78.



Municipalities/Resolutions



Request to acknowledge receipt of Resolution No. 2000-4 from the Town of Astatula, pertaining to tobacco sales; requesting enforcement of Lake County Ordinance No. 1999-60; prohibiting placement of tobacco products in self-service displays accessible to minors; providing for an effective date.



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:

Accounts Allowed/Budgets/Resolutions

Request for approval of Resolution No. 2000-99 to amend the Resort/Development Fund in order to receive unanticipated revenue for Fiscal Year 1990/00, in the amount of $3,500.00, from Visit Florida as a matching Eco/Heritage Tourism Grant; and $7,000.00 from Polk County as their share in the U.S. 27 Loop Tour brochure project.



Request for approval of Resolution No. 2000-100 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 1999/00, in the amount of $2,350.00, from Donations (Lake County Day) to provide appropriations from the disbursement of these funds to Promotion/Special Events pertaining to Lake County Day.



Request for approval of Resolution No. 2000-101 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 1999/00, in the amount of $800.00, from Other Miscellaneous Revenues to provide appropriations from the disbursement of these funds to Promotional Activities.



Assessments/Fire Rescue/Resolutions



Request for approval to authorize and execute Resolution No. 2000-102 initiating the annual process for updating the Assessment Roll and directs the reimposition of Fire Rescue Assessments for Fiscal Year beginning October 1, 2000.



Ordinances/Zonings



Request for approval of correction of scrivener's error to correct the legal description of Ordinance No. 1999-121 taking Parcel 3 out of the rezoning to CFD Ordinance.



Bonds - Mobile Home



Request for approval of a mobile home bond for Stephan Kale to place a travel trailer on property located at 24705 Silverwood Lane, Howey-in-the-Hills, during construction of their home.



Roads-County & State/Signs/Resolutions



Request for approval of Resolution No. 2000-103 authorizing the posting of "No Fishing from Bridge" signs at each end of the bridge on Old Chisholm Trail (5-6556) in the Eustis area.



Roads-County & State/Road Projects



Request for approval to distribute a draft copy of the 2001 to 2005 Transportation Construction Program.



Accounts Allowed/Contracts, Leases & Agreements/Resolutions

Roads-County & State



Request for authorization to accept the final plat for Arrowtree II Subdivision; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Richard H. Langley; accept a letter of credit in the amount of $19,261.00; and execute Resolution No. 2000-104 accepting Angels Landing Court (C.R. #2-2437) into the County road maintenance system. Arrowtree II Subdivision consists of 14 lots - Commission District 2.



Municipalities/Rights-of-Way, Roads & Easements/Road Closings/Resolutions



Request for approval of Resolution No. 2000-105 to advertise Road Vacation Petition No. 931 by Dale N. and Alice M. Dickey to vacate easement in the Plat of Groveland Farms, Section 21, Township 23, Range 24E located in the Groveland/Bay Lake area - Commission District 2.



Request for approval of Resolution No. 2000-106 to advertise Road Vacation Petition No. 933 by Ken Stokes to vacate water retention areas on Lots 1-5 recorded in the Monte Vista Park Farms Plat located in Section 6, Township 23S, Range 26E in the South Clermont area - Commissioner District 2.



ADDENDUM NO. 1

PRESENTATIONS - SHERIFF'S BUDGET

Those present from the Lake County Sheriff's Office were as follows: George E. Knupp, Jr., Sheriff; Linda Carter, Comptroller; Major Gary Borders, Corrections; Major Jimmy Horner, Support Services; and Major Claude Gnann, Operations.

Sheriff George E. Knupp, Jr. appeared before the Board to present the Lake County Sheriff's Office proposed budget for Fiscal Year 2000-2001 and distributed a copy of the Budget FY 2000-2001 booklet, Salary Ranges booklet and the Staff Study Manpower Projection booklet.

Sheriff Knupp provided an overview of the tentative budget for Law Enforcement, in the amount of $16,725,808, for an increase of 9.71% for Fiscal Year 2000-2001. He noted that, under Personal Services, the projected cost to adopt a Sick Leave Payout Termination Policy has been included in the amount of $35,500, and that the Sheriff's Office was requesting the same annual salary increases for his employees as was being requested by the Board for their employees. He stated that eight additional deputy sheriffs were needed to meet the increased workload created by the Kayla McKean Child Protection Act and to create a new Patrol Zone due to the increased population in South Lake County. He stated that four dispatcher positions have been cut from the budget. Sheriff Knupp noted, under Total Operating Supplies, a new line item for Educational Reimbursement, in the amount of $2,530.

Sheriff Knupp provided an overview of the tentative budget for Corrections, in the amount of $12,595,328, for an increase of 7.2% for Fiscal Year 2000-2001. He noted, under Personal Services, the projected cost to adopt a Sick Leave Payout Termination Policy has been included in the amount of $15,770. He noted, under Total Operating Supplies, a new line item for Educational Reimbursement, in the $1,936. Sheriff Knupp informed the Board that192 inmates from Orange County were recently moved into the Prelude, and he has not budgeted for food or medical expenses due to the fact that the Board would receive back approximately $1,500,000 in revenue generated at the end of the fiscal year. He stated that the Chairman of the Board has indicated that the Board would provide the dollars for food and medical expenses which would be approximately $200,000.

Sheriff Knupp provided an overview of the tentative budget for Bailiffs, in the amount of $966,579, for an increase of 5.8% for Fiscal Year 2000-2001. He noted, under Personal Services, they were asking for the projected cost of a Sick Leave Payout Termination Policy and a new line item for Educational Reimbursement, in the amount of $152, under Total Operating Supplies.

At this time, Major Claude Gnann appeared before the Board to discuss the Lake County Sheriff's Office annual budgets from 1995/1996 through 2000/2001; the four year budget increase compared to revenue returned to the Board of County Commissioners; generated revenue for Law Enforcement and Corrections; a pie chart illustrating the total County Budget with the Sheriff's Office budget at 13.29%; and the Sheriff's total budget at $30,402,400 with Inter-Fund Transfer and Contingency.

Sheriff Knupp discussed the millage rate for Law Enforcement, Corrections and Bailiffs and explained that the total budget for the Sheriff's Office for Fiscal Year 2000-2001 was in the amount of $30,402,400. At this time, Sheriff Knupp addressed questions presented by the Board.

Commr. Swartz stated that Sheriff Knupp has done an excellent job as Sheriff of Lake County for law enforcement, and an outstanding job running the jail. He stated that he will be presenting proposals to the Board for consideration that will trim the County's portion of the budget. He stated that the population in Lake County has increased an average of 3% per year over the last few years; however, the County's budget has increased an average of 6% to 7% per year. He requested that the Sheriff's Finance Office meet with County staff to discuss current personnel costs this budget year versus last year in terms of dollars to assist the County in determining where budget revisions can be made.

RECESS & REASSEMBLY

At 9:50 a.m., the Chairman announced that the Board would recess for five minutes and reconvene at 9:55 a.m.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

GROWTH MANAGEMENT/PLANNING

Commr. Cadwell announced that Tab 16, discussion of open space requirements for non-PUD subdivisions, has been rescheduled to a Times Certain on August 1, 2000.

PUBLIC HEARINGS/PRESENTATIONS

PUBLIC HEARINGS - ROAD VACATIONS

PETITION NO. 930 - JAMES AND ANDREA HAMPTON - MOUNT DORA AREA

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 930, a request by James and Andrea Hampton to vacate drainage and utility easement in the Lake Dora Pines Plat, Section 25, Township 19, Range 26 in the Mount Dora area. He stated that staff was recommending approval of this request.

At this time, the Chairman opened the public hearing portion of the meeting.

It was noted that the applicants were present in the audience.

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 Resolution No. 2000-107 - Petition No. 930 by James and Andrea Hampton to vacate drainage and utility easement recorded in the Lake Dora Pines Plat located in Section 25, Township 19, Range 26 in the Mount Dora area - Commission District 3.

PETITION NO. 928 - JOYCE E. PRAKKE - SOUTH LAKE COUNTY AREA

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, stated that the applicant, Joyce E. Prakke, was requesting a 60 day postponement of Petition No. 928, to vacate streets recorded in the Plat of Amberhill located in Section 31, Township 22S, Range 26E.

At this time, the Chairman opened the public hearing portion of the meeting.

There being no one present wishing to discuss the postponement, 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 to postpone for 60 days Petition No. 928 by Joyce E. Prakke to vacate streets recorded in the Plat of Amberhill located in Section 31, Township 22S, Range 26E - Commission District 2.

PETITION NO. 925 - DARYL M. CARTER AS TRUSTEE OF CARTER-WEST

50 LAND TRUST - MONTVERDE AREA

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 925, a request by Daryl M. Carter as Trustee of Carter-West 50 Land Trust to vacate lots, tracts and rights-of-way according to the Plats of Lake Highlands Company, Edgewater Beach, Edgewater Beach Sheet 2 and the replat of Edgewater Beach, Section 25, Township 22S, Range 26E in the Montverde area. Mr. Stivender presented a 1998 aerial photograph of the parcel and explained that these were 10 acre tracts in the old plat with an easement at various locations. He stated that there was a legal access issue, and an agreement has been negotiated to provide a potential easement located adjacent to the wetlands. He stated that, based on staff's evaluation of this site and the surrounding areas, these roadways and tracts serve no public purpose as they were originally platted; therefore, staff was recommending approval of this request.

Commr. Swartz stated that this was a public hearing on a proposed vacation of rights-of-way; however, there were some other underlying issues that have to be addressed.

Commr. Cadwell cautioned that the comments need to pertain only to the vacation and the public purpose of the vacation, and cautioned against using road vacations to rezone properties or to circumvent zoning.

Commr. Swartz stated that the issue of circumventing zoning was the heart of his concern. He stated that all of the issues were entangled and there has been no discussion on the underlying use that was being proposed for the property in question because there has been a presumption that the property was properly zoned for the activity. He stated that his comments today are not a reflection on Watkins Motor Lines, Inc., and he was suggesting that the County may have done a disservice by not thoroughly reviewing all of the conditions that exist in the previous zoning. He stated that Ordinance #48-87 was approved in 1987 to CP (Planned Commercial) and MP (Planned Industrial) without a proposed use for the property. The concept of Planned Commercial or Planned Industrial, in his opinion, has always been to look at what was proposed, evaluate all of the impacts and insure that those impacts have been addressed. He stated that he has reviewed a site plan which illustrates that Watkins Motor Lines was proposing, in Phase I, 60,000 square feet for the dock, shack, office and terminal. Future expansions increase the area up to 120,000 square feet. He stated that a maintenance shop has been included on the site plan, and the total square footage for the maintenance shop was 29,000 square feet with 24,000 square feet specifically for shop and service. He discussed at length the site plan detail, and stated that one-third of approximately 90,000 square feet in Phase I was dedicated to the shop and service facility which was inconsistent with Ordinance #48-87. He stated that the Board cannot approve a road vacation when the entire basis of the road vacation was for a use that appears to be inconsistent with Ordinance #48-87 and upon which they are relying. He stated that Watkins Motor Lines would only have two alternatives with this site, the first being to eliminate the entire maintenance facility; and the second being to go through a rezoning process to amend the MP zoning to allow for the uses for which they were proposing. He stated that he has discussed this issue with the County Attorney and asked that the County Attorney bring his concerns to the attention of the County Manager, and Planning and Development Services.

Mr. Sandy Minkoff, County Attorney, responded that his office was not generally involved with site plan approvals and suggested that Commr. Swartz discuss this issue with the County Manager and the Department of Growth Management. He stated that his office has not had an opportunity to review or to reach an opinion on this issue.

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that she has not had an opportunity to review this issue in regard to sections of the old code that have been referenced. She stated that staff has received a $55 fee for the pre-submittal meeting and, to her knowledge, has not accepted plans for site plan review.

Commr. Cadwell asked if the applicant would like to meet with staff before the Board hears this request.

Mr. Brad Luczak, Attorney, Sobering White & Luczak, representing Daryl M. Carter, appeared before the Board and stated that they would not like to meet with staff and would like to proceed with the request at this time.

Mr. Bruce Duncan, Attorney, Potter, Clement Lowry & Duncan, representing Watkins Motor Lines, Inc., appeared before the Board and explained that a truck yard was being proposed on the parcel and not a repair facility. He stated that the County's definition of a truck yard was the storage of vehicles, equipment, and materials together with related facilities accessory to the use. He stated that meeting with staff today would not benefit his client.

At this time, the Chairman opened the public hearing portion of the meeting.

Mr. Luczak stated that Petition No. 925 was to partially vacate plats and was not a land use issue. He noted the location of the property on the aerial photograph and explained that the property was approximately 132 acres of burned out citrus grove and there are no roads on the property. He explained that in 1916 the Plat of Lake Highlands Company was filed and a grid system of ten acre lots and lines were drawn for access to each of the ten acre lots. The property was never conveyed as lots and, as a result, the rights-of-way that were reserved on the plat were simply never used. It was also important to note that the property was platted without respect to topography. He explained that in 1926 a portion of the property was replated to Edgewater Beach. He stated that they were requesting that the 132 acres be returned to the original meets and bounds description without all of the lots which serve no useful purpose. He stated that Daryl Carter has negotiated a compromise with County staff to establish a right-of-way for the bike trail, which will run in the area of the CSX Railroad right-of-way, and Mr. Carter has agreed to not seek the vacation of the northern right-of-way in case it was required for the bike trail in the future, and in addition, Mr. Carter agreed that he would convey to the County an easement running along the wetlands area for the bike trail if needed. He stated that the request today was to remove the lots and eliminate the north/south road right-of-way from the center of the property. He stated that they have met with the owners of the property to the north and west of the subject property, and the property owners support the petition to vacate plats. He referenced Chapter 177.101, Subsection 3, Florida Statutes, and stated that vacating these plats was not contrary to the public health, welfare and safety. He asked that the Board approve the application to vacate these plats and leave, for another day, the issue of whether the Watkins Motor Lines, Inc. land use was consistent with zoning for the property.

Commr. Swartz stated that there are requirements in Ordinance #48-87 of which Mr. Carter was required to abide by prior to site plan submittal by Watkins Motor Lines, Inc. He asked if Mr. Carter complied with all of the provisions of the ordinance prior to site plan submittal.

Mr. Luczak responded that he has not been involved with the zoning issues and does not know if Mr. Carter has complied with all of the provisions of the ordinance. He stated that his involvement in this matter has related solely to the vacation of the plats.

Mr. John W. Reynolds, representing Citizens for Responsible Growth, appeared before the Board in opposition to this request. He requested that his letter, dated July 18, 2000, addressed to Ms. Sue Whittle, be entered into the official record and stated that said letter has nine Homeowners Association President's signatures who represent over 2,000 homes. He submitted two additional signatures to be added to the letter. He submitted petitions representing 278 signatures indicating opposition to the Watkins Motor Lines facility and read said petition. He stated that they have concluded from their investigations and consultations with County staff, Florida Department of Transportation and the St. Johns River Water Management District that approval of Petition No. 925 was not in the best interest of the public, and was not in keeping with the Board's responsibility to promote the public's health, welfare and safety.

Mr. Michael Leo appeared before the Board in opposition to this request and discussed the growth, and the need for a traffic study. He stated that the Watkins Motor Lines facility with its appearance, 24 hour a day noise, and traffic would not be compatible with existing adjacent residential, commercial developments or with Johns Lake. He stated that this vacation was not in his best interest or in the best interest of his neighbors.

Mr. Ed Knickman appeared before the Board in opposition to this request and displayed photographs illustrating the residential communities in the area. He stated that Ordinance No. 2000-9 recently rezoned property directly across from the property in question and states that the use of the land shall be limited to retail, commercial, church, medical and professional office, assisted living facility, office showroom and related uses which would include a nursing home directly across from a trucking facility. He requested that the Board consider their decision and the impact that it will have on the residents and on the gateway to South Lake County.

Mr. Kevin Worley, President, Magnolia Bay Homeowners Association, appeared before the Board in opposition to this request and discussed traffic issues. He requested that the Board do an independent traffic study on the impact of 300 additional trucks on U.S. Highway 50. He discussed the noise issue and questioned how many new jobs would be created and how many of the current jobs would be relocating to Lake County.

Ms. Kathy Leo appeared before the Board in opposition to this request. She stated that the public health, welfare and safety will be compromised by combining these tracts into one large parcel. She stated that the growth facilitated by one large parcel would bring traffic issues and would not be compatible with the West Orange Trail.

Mr. Robert Smith, a representative of the Lake County Voter's League, appeared before the Board in opposition to this request. He stated that U.S. Highway 50 was Lake County's primary lifeline to the Orlando Metropolitan area and a true grid lock was on the horizon. He suggested that the Jobs Growth Investment Trust Fund be reviewed and revised to assure that jobs are created within the County. He stated that many who are actively criticizing the current process of development are not at all opposed to growth, however, are appalled at the lack of a definition, details and enforcement of the Lake County Comprehensive Plan and Future Land Use Map.

Ms. LaDonna Roberts appeared before the Board in opposition to this request and stated that it would be irresponsible to make a decision with such long term and far reaching effects as this request without having the appropriate level of information available. She stated that sufficient studies have not been conducted regarding the traffic, air quality, the effect of the large areas of asphalt and truck washes on the stormwater and lakes in the area, the chemicals from the lubrication bays and the refueling stations, the need for noise berms and the impact of building a road so close to wetlands areas.

Mr. David Pavlick appeared before the Board in opposition to this request and discussed how this facility would affect property values which would result in less taxes. He expressed concern for the safety of the residents and school buses that travel U.S. Highway 50.

Mr. Steve Coover, Attorney, representing Concerned Citizens for Responsible Growth, appeared before the Board in opposition to this request and stated that the residents have presented substantial competent evidence that the public detriment of this project was going to come along with the vacating of these platted roads. He stated that the Board's duty today was to decide if the petition promotes the public health, safety, welfare and morals of the residents of Lake County and specifically South Lake County.

Mr. Richard Newberger appeared before the Board in opposition to this request and discussed the potential of a hydro carbon contaminate runoff.

Mr. David Stimmell appeared before the Board in opposition to this request and stated that the purpose of the public hearing today was to provide the residents an opportunity to say no to large development.

Mr. David Bryant appeared before the Board in opposition to this request and asked that the Board questioned how Watkins Motor Lines would benefit the community.

Ms. Allison Lands appeared before the Board in opposition to this request and stated that every resident in Lake County would be affected by this project. She discussed the traffic issues on State Road 50.

Ms. Jerry McGinness appeared before the Board in opposition to this request and stated that it was obvious that the purpose of this vacation was to enable the Watkins Motor Lines project to proceed. She discussed traffic issues, the impact from fuel on their wells, stormwater run off and the impact on Johns Lake.

Mr. Dutch Holts appeared before the Board in opposition to this request and asked that the Board consider the intent of this road vacation. He discussed safety issues, and the impact from the number of trucks using State Road 50.

Mr. Daniel Williams appeared before the Board in opposition to this request and stated that, if this request is approved, a lot of people will chose not to live in Lake County.

There being no further public comment, the public hearing portion of the meeting was closed.

Mr. Bruce Duncan, Attorney, Potter Clement Lowry & Duncan, representing Watkins Motor Lines, Inc., appeared before the Board to address concerns that have been expressed by the Board and those in the audience. He stated that this property was zoned MP (Planned Industrial) and, under the schedule of permitted and conditional uses under MP zoning, it specifically provides for a trucking facility, and list automotive repair and automotive service station. He stated that the Lake County Code specifically states that a trucking facility constitutes the storage of vehicles, equipment and material, together with related facilities accessory to that use which include maintenance and truck washing. He stated that the truck wash and the maintenance facilities would have to meet the Department of Environmental Protection regulations concerning preserving the environment and any negative impact that the water and oil run off would have on this area.

Mr. Michael Kevitch, Director of Properties, Watkins Motor Lines, Inc., appeared before the Board and explained that he was responsible for the acquisition and development of the Watkins Motor Lines facilities around the Country and Canada. He stated that they have looked at the Lake County Industrial Park as an alternative and were not interested in that option. At this time, he briefly discussed the history of Watkins Motor Lines, Inc. In response to a question presented by Commr. Swartz, Mr. Kevitch explained that Watkins Motor Lines were equitable owners under contract and do not physically own the property. He stated that Watkins Motor Lines looked at the acceptability of whether or not they were a permitted use within that code and felt very confident, based on their interpretation and counsel, that they were a permitted use. He stated that it was Watkins Motor Lines' responsibility to submit the required items in the zoning ordinance prior to site plan submittal.

Commr. Swartz stated that there was a requirement in the ordinance that states that prior to any plat or site plan submittal the applicant must demonstrate to Lake County that the proposed development does not require DRI review under the provisions of Chapter 380, Florida Statute. He questioned if there has been any submittal by Watkins Motor Lines, Inc., Mr. Daryl Carter or his representatives to demonstrate to Lake County that the proposed development does not require DRI Review under Chapter 380, Florida Statutes.

Mr. Kevitch responded that he did not know the answer to Commr. Swartz's question.

Mr. Gerald Trout, Architect, Straughn Trout Architects, representing Watkins Motor Lines, Inc., appeared before the Board and explained that Watkins Motor Lines was sensitive to every community that they propose a facility in and, in most cases, exceed setbacks, landscaping requirements and environmental concerns. He stated that the facility was comprised of an office facility with a 152 door terminal that was located six and one-half feet below the existing roadway; a twenty-five foot landscaping strip around the perimeter of the property; a maintenance shop located on the west end of the property; and parking for 116 cars for employees and 1,700 trailers. He stated that the site plan has been submitted to the County, and they were in review with the St. Johns River Water Management District. He stated that it was his teams responsibility to submit required items in the existing ordinance.

Mr. Tim Green, Green Consulting Group, Inc., the Landscape Architect for the project, appeared before the Board and presented a sketch of the buffer proposed for the Watkins Motor Lines facility. He presented photographs illustrating the buffer at the Hickory Point Recreational facility and explained that Watkins Motor Lines would be using the same type of buffer for their facility.

Mr. Reggie Tisdale, Director of Engineering, Vanasse, Hangen & Brustlin, appeared before the Board to discuss the Traffic Analysis for the Watkins operation on State Road 50, and the proposed signalization system. He discussed a Traffic Study Comparison Chart and explained that Phase I was predicted to have 1,738 vehicles per day, and Phase II would be double that number. He discussed the Level of Service on State Road 50 and stated that the current standard was a Level of Service C, and the proposed facility would continue to operate at the current Level of Service C within the guidelines specified by the Florida Department of Transportation. Mr. Tisdale addressed questions presented by the Board.

Mr. Robert Peck, Watkins Associated Realty, appeared before the Board to address Commr. Swartz's question regarding the DRI Review and explained that Watkins had a preliminary staff meeting for site plan approval, and Planning and Development Services assured Watkins Motor Lines that they did not trip the warrants to require a DRI Review.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Swartz stated that it appears that the Watkins Motor Lines project does exceed the DRI threshold. He explained that Chapter 480, addressing this type of facility, has several requirements and, based on the site plan numbers, the 2,154 parking spaces planned for the initial phase exceeds the 80% requirement and the 3,143 parking spaces planned for future expansion exceeds the 100% requirement and the 120% requirement. He stated that a more thorough review by staff was warranted.

Commr. Hanson stated that she would not support Petition No. 925 and explained that, although the zoning was in place and Watkins Motor Lines could place their facility on the parcel without vacating the plats, it was not appropriate today based on the zonings in the surrounding area, and the development that has occurred in the more recent years. She stated that she has struggled with how to separate the two issues and the bottom line was that they cannot be separated. She stated that, if the Watkins facility did move forward, the entrance should be lined up with Magnolia Point Blvd. with the traffic signal in place.

Commr. Gerber stated that she does feel that vacating the lots, tracts, and rights-of-way would be in the public interest based on the evidence presented by Watkins Motor Lines.

Commr. Pool stated that Maury and Daryl Carter were assets to the community and own a lot of the property through the West Orange/South Lake Trail corridor. He stated that he has negotiated, with the assistance of the County Attorney and staff, a deal with the Carters regarding a swap of property for the trail corridor if he would support the road vacation.

Commr. Pool made a motion to approve Petition No. 925 by Daryl M. Carter as Trustee of Carter-West 50 Land Trust to vacate lots, tracts and rights-of-way according to the Plats of Lake Highlands Company, Edgewater Beach, Edgewater Beach Sheet 2 and the replat of Edgewater Beach all located in Section 25, Township 22S, Range 26E.

The motion failed for a lack of a second.

Commr. Pool made a motion, which was seconded by Commr. Hanson to deny Petition No. 925 by Daryl M. Carter as Trustee of Carter-West 50 Land Trust to vacate lots, tracts and rights-of-way according to the Plats of Lake Highlands Company, Edgewater Beach, Edgewater Beach Sheet 2 and the replat of Edgewater Beach all located in Section 25, Township 22S, Range 26E in the Montverde area - Commission District 2.

Commr. Swartz stated that nearby property owners would be negatively affected by this vacation, and it was clear that vacation of these plats was not in the public interest. He stated that there were some serious questions with regard to the zoning which would be addressed at a later date.

Commr. Gerber suggested that, if there had been a good urban growth boundary on the outskirts of Clermont and residential development had not been allowed to drift, we would now be looking at the Watkins Motor Lines project in a positive light. She stated that, in the future, we need to look more seriously at developing urban growth boundaries and the benefits to the community and not be so caught up with the property rights issues.

The Chairman called for a vote on the motion which carried unanimously by a 5 - 0 vote.

RECESS & REASSEMBLY

At 12:45 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.

PUBLIC HEARINGS

REZONING

PETITION NO. PH#28-00-2 A TO MP STANLEY & CINDY HUNT

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that the applicants were requesting a 30 day postponement of Petition No. PH#28-00-2, a request for rezoning from A (Agriculture) to MP (Planned Industrial) to allow for all the uses allowed in the planned industrial district.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to the postponement.

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 to postpone Petition No. PH#28-00-2, Stanley & Cindy Hunt, for 30 days - Tracking No. #52-00-MP.



PETITION NO. PH#26-00-5 RM TO R-7 CHARLES D. & CARRIE M. RAINEY

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from RM (Mobile Home Residential) to R-7 (Mobile or Mixed Residential) for construction of a single-family residence on a .27 acre parcel. She stated that staff was recommending approval to rezone from RM (Residential Mobile Home) to R-7 (Mobile or Mixed Residential), and the Planning and Zoning Commission has recommended approval by a 6 - 0 vote.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

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. 2000-42, a request from Charles D. and Carrie M. Rainey, Petition No. PH#26-00-5, to rezone from RM (Mobile Home Residential) to R-7 (Mobile or Mixed Residential) for construction of a single-family residence - Tracking No. #49-00-Z.

PETITION NO. CUP#00/7/1-2 CUP IN A NANCY & TIM WILLINGHAM

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP in A (Agriculture) for placement of a mobile home on a 5.3 acre parcel for the temporary care of the infirm. She stated that staff was recommending denial of a CUP in A, and the Planning and Zoning Commission has recommended approval by a 5 - 1 vote. She stated that there were three letters in opposition to this request. She explained that staff was concerned with placing two single family structures on a parcel less than five (5) acres in size and that it might have a detrimental effect on the surrounding properties.

At this time, the Chairman opened the public hearing portion of the meeting.

Ms. Nancy Willingham, the applicant, appeared before the Board and stated that they were requesting permission to place a double wide mobile home on a portion of their property above the 100 year flood plain for her husband's parents. She discussed existing mobile homes in the area and stated that the mobile home would not be seen from the road.

Ms. Farrell presented a conceptual site plan (County Exhibit 1) illustrating the location of the existing home, the proposed mobile home and the proposed septic field. She stated that there was a signed affidavit indicating the need for the mobile home for temporary care of the infirmed.

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 upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2000-43, a request from Nancy & Tim Willingham, Petition No. CUP#00/7/1-2, for a CUP in A (Agriculture) for placement of a mobile home for temporary care of the infirm - Tracking No. #48-00-CUP.

PETITION NO. PH#27-00-3 HM TO CFD SILVER SPRINGS CITRUS

NEXTEL SOUTH CORPORATION

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from HM (Heavy Industrial) to CFD (Community Facility District) for placement of a 230 foot monopole telecommunications tower on a 25 acre parcel in the Howey-in-the-Hills area. She stated that staff was recommending approval to rezone from HM (Heavy Industrial) to CFD (Community Facility District) with the landscaping requirement as required by Lake County Code, and the Planning and Zoning Commission recommended approval by a 5 - 1 vote with the condition that the landscape requirement be deleted.

At this time, the Chairman opened the public hearing portion of the meeting.

Mr. Mark Watts, Attorney, representing Nextel South Corporation, appeared before the Board to discuss the request to rezone from HM (Heavy Industrial) to CFD (Community Facility District) to allow Nextel South Corporation to locate on an existing AT&T telecommunications tower. He stated that the purpose for the request to waive landscaping requirements was based on the location of the leased parcel, and the current location of the AT&T tower. He presented eight photographs (Applicant's Exhibit A) illustrating the existing facility and the proposed facility and discussed the aerial photograph illustrating the location of the proposed tower. He displayed on the monitor a Master Plot Plan, and a Conceptual Plat Plan (Applicant's Exhibit B) demonstrating why a landscaping requirement was not needed. He presented three letters in support of this request from Mission Inn Golf and Tennis Resort, Howey-in-the-Hills, and Silver Springs Citrus, Inc. (Applicant's Exhibit D). He explained that Nextel was constructing the tower, and AT&T would own the tower when completed which will allow Nextel to co-locate on the tower rather than build another tower.

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 stated that he would support this request with the staff recommendation to include the landscape requirements.

Mr. Mike Nuckols, representing Nextel Corporation, appeared before the Board and briefly discussed the location of the proposed tower on the aerial photograph.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 2000-44, a request from Silver Springs Citrus, Nextel South Corporation, Petition No. PH#27-00-3, for a CFD (Community Facility District) for placement of a 230 foot monopole telecommunications tower with the staff recommendation to include the landscape requirement - Tacking No. #53-00-CFD. PETITION NO. PH#29-00-5 A TO CFD EVANGEL TEMPLE ASSEMBLY OF

CHURCH OF GOD/RICHARD & RONALD SZWEC

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request for rezoning from A (Agriculture) to CFD (Community Facility District) for construction of a church, fellowship hall, education center (Sunday school-type only) and future accessory uses (athletic field) associated with the site on a 9 acre parcel in the Lady Lake area. She stated that staff was recommending approval to rezone from A (Agriculture) to CFD (Community Facility District) with the condition that development be limited to the 7,500 square foot facility, as depicted in Phase 1, until central water and wastewater was available for the site. The Planning and Zoning Commission has recommended approval by a 6 - 0 vote.

At this time, the Chairman opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2000-45, a request from Evangel Temple Assembly of Church of God/Richard & Ronald Szwec, Petition No. PH#29-00-5, to rezone from A (Agriculture) to CFD (Community Facility District) for construction of a church, fellowship hall, education center (Sunday school-type only) and future accessory uses associated with the site (athletic field) - Tracking No. #51-00-CFD.

PETITION NO. 32-00-2 AMD. TO CP ORD. #26-87 BRENDA LONGENBACH

KOELER MARVIN REALTY/CECELIA BONIFAY/ROCK PROPERTIES, INC.

GREGG ZUCKERMAN

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for an amendment to CP Ordinance #26-87 to allow for automotive repair, banking, car wash, consumer services & repair, medical services, personal care services, professional offices, restaurant fast food, restaurant general, general retail, self service storage and day care center on a 4.35 acre parcel in the Clermont/Lake Louisa area. She explained that this was a request to place uses on a parcel of property that was assigned no uses when CP Ordinance #26-87 was approved in 1987. She stated that staff was recommending denial of an amendment to CP Ordinance #26-87 to place commercial uses at this site and explained that the proposed uses were inconsistent with the commercial location criteria of the Lake County Comprehensive Plan, and there were issues with regard to the adjacent residential uses and the amount of commercial that has been approved in the area on U.S. Highway 27. The Planning and Zoning Commission has recommended approval by a 5 - 1 vote subject to the site plan; the agreement submitted that it would be a Walgreen Drug Store or other comparable retail use; and adding an amendatory provision to the agreement.

At this time, the Chairman opened the public hearing portion of the meeting.

Ms. Cecelia Bonifay, Attorney, Ackerman, Senterfitt and Eidson, appeared before the Board on behalf of Mr. Gregg Zuckerman and Rock Properties, Inc., and explained that the parcel in question was reserved as a 4.35 acre out parcel to be developed for commercial purposes. She noted that she also represents the Vistas Homeowners Association and has obtained waivers to represent both parties as their interest are the same and are not adverse. She discussed surrounding commercial zonings and stated that the Board has already exceeded Neighbor Commercial Activity Center definitions and are in the category of a Community Center. She stated that Mr. Zuckerman has negotiated with the Vistas Homeowners Association an agreement, dated March 8, 2000, (Applicant's Exhibit A) with components in the agreement to benefit the Vistas Homeowners Association. She stated that they were requesting C-1 and C-2 uses excluding convenient stores with gas pumps and have listed a number of types of uses that would be suitable.

Mr. Gregg Zuckerman, Rock Properties, Inc., appeared before the Board and explained that they have a contract to purchase the 4.35 acre parcel and have negotiated an agreement with the Vistas Homeowners Association in regard to constructing a new Walgreen Drug Store, landscaping and buffering. He displayed a site plan (Applicant's Exhibit B) of the new Walgreen's site and noted the location of a six foot high masonry or precast masonry wall along the east property line the entire length of the property both north and south of Vista Del Lago Blvd. He explained that they have agreed to landscape the Walgreen Drug Store portion of the project substantially in a manner consistent with the landscape plan (Applicant's Exhibit C).

Ms. Bonifay stated that Mr. Tom Skelton, American Civil Engineering Company, was present in the audience to address questions on the site layout and design.

Mr. Paul Velez, representing the Vistas Homeowners Association, appeared before the Board and stated that the Vistas Homeowners Association has opposed development of the parcel in question due to the types of commercial buildings that have previously been proposed. He discussed the agreement between the developer and the homeowners. He stated that two homeowners were in opposition to the agreement due to traffic problems at the intersection of Vista Del Lago Blvd. and U.S. Highway 27; however, the Florida Department of Transportation has agreed to place a traffic light at said intersection in the near future. He stated that the Vistas Homeowners Association was in support of the request for an amendment to CP Ordinance #26-87.

Ms. Bonifay clarified that they were asking for approval of the designation of C-1 and C-2 uses under the CP zoning, with the exclusion of a convenient store with gas pumps, and they were asking that the agreement with the Vistas Homeowners Association, the site plan and the landscape plan be a part of the Board approval.

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. Pool made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2000-46, a request from Brenda Longenbach/Koeler Marvin Realty/Rock Properties, Inc./Gregg Zuckerman, Petition No. PH#32-00-2, for an amendment to CP Ordinance #26-87 to allow for C-1 and C-2 uses with the exclusion of a convenient store with gas pumps - Tracking No. #54-00-CP/AMD.

Ms. Farrell stated that staff has not approved the site plan as presented today and there would be many changes made to the ordinance if the Board recommends approval. She stated that she would like to see a cap on the square footage.

Commr. Pool stated that it was his intent that the square footage of the facility be limited to 25,000 square feet; at which time Ms. Bonifay clarified that they were asking that the square footage be approved at approximately 25,000 to 30,000 square feet noting that there were two 14,000 square foot pads. She stated that the agreement also includes a statement that any proposed use must be approved by the homeowners.

Ms. Farrell requested that the Board provide staff with a list of permitted uses on the parcel, noting that staff would be put in a difficult position if they are required to deal with the Vistas Homeowners Association in the future.

Ms. Bonifay clarified that the agreement states C-1 and C-2 uses with the exclusion of convenient store with gas station and that it would have to have the Vistas Homeowners Association prior approval. She suggested that the agreement be attached to the ordinance as an exhibit. She stated that the homeowners were responsible for enforcement of the contractual agreement.

Commr. Swartz stated that staff was correct in the analysis of the Comprehensive Plan and the issues of commercial locational criteria. He expressed concern that the site plan does not reflect the real site plan because it doesn't reflect the 20% open space requirement, and Pad 2 had an unknown use. He stated that, if the Board was going to adopt this rezoning, they must list all of the uses that are allowed and exclude all other uses. He discussed access management and stated that good planning would suggest that, on U.S. Highway 27, at a maximum you would want one right turn in and one right turn out. He stated that the way to address this request today was to ask that they come back with one use that they want on the site and, at that time, the Board can address the impacts of that use.

At this time, the Board discussed the proposed list of uses in the staff report. Mr. Velez clarified that the Vistas Homeowners Association wanted the ability to sit down with the developer of Pad 2, discuss an acceptable use at the appropriate time and then approve the use prior to submittal of a site plan.

Mr. Pool clarified that his motion was stated very clearly that he wanted to include all of the homeowner's concerns in regard to extra landscaping, and buffering, excluding convenient store with gas station, and allow the homeowners the opportunity to approve what may be placed on Pad 2. He stated that his motion was for approval for an amendment to CP Ordinance #26-87, as stated in the staff report, to allow for the following uses: automotive repair, banking, car wash, consumer services & repair, medical services, personal care services, professional offices, restaurant fast food, restaurant general, general retail, self service storage, and day care center.

Commr. Hanson stated that she would include those uses in her second to the motion.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted in opposition.

PETITION NO. PH#33-00-4 R-1 & A TO CFD EASTER SEALS FLORIDA, INC.

CAMP CHALLENGE/MILESTONES COMMUNITY SCHOOL, INC.

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that

this request was for rezoning from R-1 (Rural Residential) and A (Agriculture) with Conditional Use Permit #484-4 to CFD (Community Facility District) to include residential camping activities, school/educational facility, retreats, and respite programs with the existing uses of the site which are currently being used for residential camping activities on a 63 acre parcel in the Mount Plymouth area. She stated that staff was recommending approval to rezone from R-1 (Rural Residential) and A (Agriculture) with Conditional Use Permit #484-4 to CFD (Community Facility District), and the Planning and Zoning Commission has recommended approval by a 6 - 0 vote.

At this time, the Chairman opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one 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. Hanson disclosed that she has had conversation with the director of Camp Challenge prior to knowing that this would be coming before the Board, and it would in no way affect her objectivity in the vote.

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. 2000-47, a request from Easter Seals Florida, Inc./Camp Challenge, Milestones Community Schools, Inc., Petition No. PH#33-00-4, to rezone from R-1 (Rural Residential) and A (Agriculture) with CUP Permit #484-4 to CFD (Community Facility District) to include residential camping activities, school/educational facility, retreats, and respite programs with the existing uses of the site which are currently being used for residential camping activities - Tracking No. #55-00-CFD.



PETITION NO. CUP#00/4/3-2 CUP IN A GEORGE, RODNEY & RICKEY LYON

P. BRUCE KING, PLANNING & DEVELOPMENT SERVICES

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) for placement of a 243 foot wireless monopole telecommunications tower with equipment shelter and ancillary facilities on a 3.58 acre parcel in the area of the Florida Turnpike. She stated that this requirement meets the minimum standards for review, and staff was recommending approval of a CUP in A (Agriculture); however, staff has a concern regarding the actual impact on the neighborhood as it relates to property values. She stated that the Planning and Zoning Commission has recommended approval by a 6 - 0 vote.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Ms. Cheryl Pence, representing Nextel Corporation and AT&T, appeared before the Board and stated that Nextel and AT&T would be co-locating on one monopole.

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 upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2000-48, a request from George, Rodney and Rickey Lyon, Petition No. CUP#00/4/3-2, for a CUP in A (Agriculture) for placement of a 243 foot wireless monopole telecommunications tower with equipment shelter and ancillary facilities - Tracking No. #29-00-CUP.

RECESS & REASSEMBLY

At 3:25 p.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 3:35 p.m.

PETITION NO. PH#19-00-4 AMD. TO PUD ORD. #108-89 & #60-91

GATWICK II, CECELIA BONIFAY

Commr. Cadwell announced that this was the continuation of a public hearing on May 23, 2000, and the Board would only be addressing those items of concern expressed at the May 23, 2000 public hearing.

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request for an amendment to the existing PUD Ordinance #108-89 and #60-91 to include the addition of an 18-hole golf course; the addition of water and sewer treatment plant facilities (sub-regional); the use of lot clustering and lot size reduction for internal subdivision, with minimum lot size of 100 feet by 175 feet (lots adjacent to property boundary line are to be a minimum size of 132 feet by 250 feet); proposed setback requirements for lots within clustered subdivision: 20 feet front and rear yard; 7.5 feet side yard; 20 feet side yard by street; and internal road rights-of-way to be a minimum of 50 feet wide with the exception of the entrance roadway. She stated that this request was on a 489 acre parcel in the Mount Plymouth area. She stated that staff has received the additional information requested by the Board at the prior public hearing, and an amended ordinance has been distributed to the Board.

At this time, the Chairman opened the public hearing portion of the meeting.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, representing 27/SSH Corporation, appeared before the Board to discuss the proposed amendment to the Gatwick II Vested PUD. She stated that, at the May 23, 2000 public hearing, the Board directed the applicant and their staff to go back and address several issues of concern. She stated that they have primarily focused on water quality, water quantity, and the impact on wildlife and special concern species. She explained that the only amendment that was being requested was the addition of the golf course and the inclusion of central water and sewer to replace the provision of 323 wells and septic tanks. She submitted a packet of endorsements (Applicant's Exhibit A) with recommendations of support for this request from the homeowners in Gatwick I; a letter from the East Lake County Chamber of Commerce, Inc.; and statements from adjacent property owners to Gatwick II expressing support of this request based on the following conditions: Enhanced landscaping within the fifteen foot buffer to the property abutting Gatwick I; a golf course that generally complies with the Audubon Signature Program; no lighting on the golf course driving range, no vehicular access, either during construction or upon completion, from the Gatwick I access point; perimeter lots abutting Gatwick will be 33,000 square feet and sold only as double lots for a period of three years commencing July 25, 2000, and creation of an advisory committee of Gatwick I property owners during planning and construction. She submitted ten resumes (Applicant's Exhibit B) of those who have testified or are going to testify today. She stated that they will be presenting documentation to support that the impacts of this project, with the golf course, are going to be less in all respects than they would be with Gatwick II as currently approved.

Ms. Sharon Fowler, Hauber Fowler & Associations, appeared before the Board to provide testimony on the landscape architectural services for Heathrow Land Company for the Gatwick II site also known as Heathrow Country Estates. She distributed the Heathrow County Estates Presentation to the Lake County Board of County Commissioners report (Applicant's Exhibit C). She stated that she was representing the Design Team to provide an overview of the research they have gathered since the last meeting on May 23, 2000. She stated that they have prepared their research in a comparison format that compares the development characteristics of the previously approved and vested residential development for 323 homes versus the proposed residential development with 323 homes and an 18 hole golf course. She stated that it was their understanding that the information requested included details of water usage and the comparisons for irrigating residential development versus residential development with a golf course; water quality and the effects residential development versus the residential development with a golf course has on the aquifer; and the wildlife and special concern species to include existing and future wildlife on the land after residential development versus residential development with a golf course.

Ms. Fowler presented an overview of the Water Usage Study, which was prepared by CPH Engineers, and discussed the irrigation demands of a residential development versus a residential development with a golf course. She displayed a Project Comparison chart (Applicant's Exhibit D) on the monitor and discussed same. She discussed Exhibit 1 of the report and explained that the areas requiring irrigation have been kept to a minimum with a creative use of non-irrigated landscape areas and non-irrigated native sand areas. She discussed Exhibit 2 and Exhibit 3 of the report illustrating a comparison of the non-irrigated areas, irrigated areas and lakes in the existing Gatwick II PUD versus Heathrow Country Estates Amended PUD. She testified that the approved Gatwick II development had a total of 276 acres of irrigated land and the proposed Heathrow Country Estates plan has a total of 223 acres of irrigated land. She stated that the water usage conclusion was that the residential development and golf course together have a lower irrigation demand than the previously approved residential development. She stated that Mr. Tim Yovaish, Yovaish Engineering Sciences, Inc., was present to provide testimony on the water quality issues.

Ms. Bonifay stated, for the record, that ten copies of the Water Quality Study had been provided to County staff last week.

Mr. Doug Yovaish, Yovaish Engineering Sciences, Inc., appeared before the Board to provide testimony on the Water Quality Study, which was prepared by Yovaish Engineering Sciences, Inc. He provided a brief overview of his educational background and experience in the area of water quality and on the areas on which he would be testifying. He testified that the areas requiring irrigation have been minimized by implementation of a creative use of non-irrigated landscape areas and non-irrigated native sand areas. He discussed a central wastewater system versus individual drain fields and testified that central systems are monitored by State Regulations and provide for reclaimed water that may be used in irrigation, thereby, reducing groundwater withdrawals. Mr. Yovaish discussed nutrient/nitrogen reduction and testified that, due to the reduction in irrigated areas combined with the construction of the golf course, the annual nitrogen loading for the site by the use of fertilizers was significantly reduced by the Heathrow Country Estates plan. He discussed Exhibit A, Table 1B, Estimated Nitrogen Loading For Residential Turf Grass Using Scotts Annual Lawn Care Program; and Exhibit B, Table 2B, Estimated Average Annual Nitrogen Loading Rates Proposed Golf Course - Heathrow Country Estates. Mr. Yovaish discussed pesticide management and testified that the use of pesticides within the Heathrow Country Estates plan would be reduced as a result of a decrease in irrigated areas. He stated that the water quality data indicates that golf courses can be operated and maintained in an environmentally safe manner without violations to groundwater quality. He discussed Exhibit C, Table 2, Pesticide and Herbicides Analyzed for the Golf Course by U.S. Geological Survey. He stated that groundwater monitoring and surface water monitoring for water quality would be included in the management of the golf course using the guidelines of the Audubon International Program for golf courses.

Ms. Bonifay stated, for the record, that Mr. Steve Adams, LPG Environmental & Permitting, Inc., would be addressing the Audubon International Program.

Commr. Swartz stated that it was important to note that the Audubon International Program was not the National Audubon Society and was funded by the Professional Golf Association.

Mr. Yovaish discussed water distribution usage and relative effects on spring flows and testified that the implementation of the central system creates an opportunity to minimize potential impacts and reduction in spring flows. He testified that, by implementing stormwater reuse and reclaimed water from the central wastewater treatment facility, the requirement for groundwater withdrawals for Heathrow Country Estates is reduced by approximately 70 percent. He discussed Exhibit D, Water Use Comparison By Development, for Gatwick II versus Heathrow Country Estates.

Mr. Steve Pfeiffer, Attorney, representing Friends of the Wekiva River, Inc., appeared before the Board and noted that he has filed an appearance in this proceeding on behalf of Friends of the Wekiva River.

At this time, Mr. Yovaish responded to questions presented by Mr. Pfeiffer in regard to his testimony. Mr. Yovaish addressed a question with regard to specific irrigation requirements for golf courses expressed in terms of gallons per day and stated that they have used the same methodology that the St. Johns River Water Management District would require to demonstrate a need for irrigation demand. He explained that four lined lake areas have been identified, and the function of the lake system would be for stormwater flood control. He stated that they typically trap somewhere in the order of one and one-half months of irrigation assuming an average retention depth of three feet per lake.

Ms. Bonifay called Mr. Loy L. Crumbley, P.E. Vice President, CPH Engineers, Inc., to provide testimony.

Mr. Loy L. Crumbley, P.E., Vice President, CPH Engineers, Inc., appeared before the Board to provide testimony on the Comparative Irrigated Area Analysis for Heathrow Country Estates and Gatwick II (Applicant's Exhibit E), dated June 27, 2000, which was prepared by CPH Engineers, Inc. He noted that the analysis was provided to County staff on June 27, 2000. He discussed the methodology used in determining the areas of landscaping irrigation versus non-irrigated areas. He discussed the non-irrigated areas and irrigated areas on the existing Gatwick II PUD site plan as illustrated in the Comparative Irrigated Area Analysis.

Commr. Swartz questioned if Mr. Crumbley was aware of the fire protection requirement under Public Facilities in the original Gatwick II PUD.

Ms. Bonifay clarified that Mr. Crumbley was stating that, on the site plan, there was no provision for wells for fire prevention and that should also be distinguished from what his assumption was as to what those would be for fire protection purposes, not for irrigation of open space.

Mr. Crumbley stated that it appears that the Gatwick II PUD neglected to set aside an area for utility plants. At this time, Mr. Crumbley responded to questions presented by Mr. Pfeiffer regarding his testimony.

Ms. Fowler continued her presentation and discussed the Wildlife and Special Concern Species Study Overview, which was prepared by LPG Environmental & Permitting Services, Inc. She discussed Exhibit 5, the GIS Aerial Photography, which illustrates that the land was primarily cow pasture with spotted large oak trees and disturbed marsh system. She discussed Exhibit 6, Conceptual Landscape Study, and discussed same. She stated that, because typical development disturbs the wildlife corridor, it is important to recognize that a golf course provides open space for movement and feeding at night. She discussed the Wetland Landscape Concept, Exhibits 7 and 8, and stated that the proposed plantings along the golf course and wetlands would provide cover and food for wildlife. She testified that, in conclusion, the existing land was primarily cow pasture with very minimal vegetative cover, protection, or food sources for wildlife. The variety of landscape plantings and management plans proposed for the golf course and other open spaces within the neighborhood, the park and entry areas will maximize the potential for wildlife on this land.

Mr. Steve Adams, LPG Environmental & Permitting Services, Inc., appeared before the Board and testified that they have looked at how to integrate the ability to restore upland habitat areas within the golf course corridor as well as provide vegetative and hydrological enhancement to the disturbed marsh systems. He discussed the Audubon International Program (Applicant Exhibit F) and stated that the program requires the development of a Natural Resource Management Plan which would be developed in cooperation with Lake County.

Ms. Bonifay clarified, for the record, that it was the applicant's intent to meet all of the requirements under the Audubon International Program, however, not to seek certification but rather to have monitoring done with Lake County staff.

Mr. Adams responded to questions presented by the Board in regard to the Audubon International Program certification process.

Commr. Hanson stated that the Audubon International Program, as developed for Heathrow Country Estates, should be made a model for all of the golf courses in Lake County. She suggested that the Board should look at retrofit for all of the golf courses as they pertain to the water issues. She stated that this site was in a receiving area of the Wekiva River Basin that was designated to receive growth, and noted that golf courses were not prohibited in the Wekiva River Basin.

Ms. Bonifay submitted the Gatwick II PUD Transportation Concurrency Supplement, the Gatwick II PUD Traffic Impact Analysis, and a number of maps, charts and graphs (Applicant's Exhibit G). She stated that Mr. James W. Lee, P.E., Vice President, HDR Transportation Consulting Group, was present in the audience to address questions that the Board may have in regard to the aforementioned exhibit. She submitted a Project Comparison (Applicant's Exhibit H) illustrating home value range, average home value and tax revenue generated based on Real Estate Market Study, and Millage Based on Information from Lake County Tax Assessor for Gatwick II and Heathrow Country Estates.

Mr. Bruce Duncan, Attorney, Potter, Clement, Lowry & Duncan, appeared before the Board and stated that the opposition has a transportation expert present that has prepared a Traffic Study that shows that concurrency does not exist on this roadway to meet the level of service required for the development.

Commr. Cadwell stated that, at this time, he was not inclined to address the transportation issues.

Mr. Steve Pfeiffer, Attorney, called Dr. Bernard Yokel to provide testimony.

Dr. Bernard Yokel appeared before the Board and provided a brief overview of his experience as a biologist and an ecologist, and stated that he was president of the Florida Audubon Society for fifteen years and currently serves on the Board of Directors for the National Audubon Society. He discussed the use of septic tanks with regard to the original Gatwick II PUD and stated that septic tanks in Gatwick II were an appropriate use. He discussed the disadvantages of a centralized wastewater treatment facility and testified that a centralized wastewater treatment facility was not needed for a development the size of Gatwick II. He testified that residential wells do not generate the heavily localized drawdown on the aquifer as is the case with a much larger well that was pulling a lot of water out of the ground at one time creating a cone of depression around the well. He explained that any heavy use of the Floridan aquifer would have a negative effect on the flow. He discussed Policy 1-20.2 which addresses expansion of Public Facilities and Services within the Wekiva River Protection Area. He discussed the Audubon International Program and stated that the National Audubon Society does not support the certification program of the Audubon International Program. Dr. Yokel testified that the Heathrow Country Estates proposal was violating the policies of the Wekiva River Management Plan and that the original Gatwick II PUD was superior because a golf course would use more water, provide potential for water quality impacts, provide a negative impact on wildlife, and the area can exist successfully with individual residential wells. At this time, Mr. Yokel addressed questions presented by the Board.

RECESS & REASSEMBLY

At 5:50 p.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 6:00 p.m.

PETITION NO. PH#19-00-4 AMD. TO PUD ORD. #108-89 & #60-91

GATWICK II, CECELIA BONIFAY (CONTINUED)

Mr. Pfeiffer called Dr. Thomas Allan Herbert, Lampl/Herbert Consultants, Inc., to provide testimony. He submitted a Resume for Thomas Allan Herbert (Opposition's Exhibit 1).

Dr. Thomas Allan Herbert, Lamp/Herbert Consultants, Inc., appeared before the Board and provided a brief overview of his experience and education. He testified that, from a geological standpoint, the site was in a sand hills area and was well drained to the point that most of the water would recharge the surficial aquifer which supports the water in the lake and marsh areas throughout the property. He discussed the relationship between the surficial aquifer and the Floridan and explained that any high capacity well in the Floridan would affect the surficial and the surficial aquifer was the zone that was providing the base flow for Seminole Creek which was part of the Wekiva Upper Water Shed. He stated that this was the recharge area for the upper level springs and for bank discharge or base flow discharge for the upper water shed. He explained that recent studies on spring discharges have documented that, as more water is being used as build out occurs in the development, the quality of the water will slowly degrade, and due to the proximity to the waterways in the upper Wekiva River there will be a definite and direct impact. He testified that the Audubon International Program was a very good best management approach to managing a golf course on all of the environmental aspects; however, the concern was with the long term management of the golf course. In response to a question presented by Commr. Cadwell, Mr. Herbert stated that the golf course was a real detriment to this particular area. He explained that the site was located on the break point where the land uses are directly going to impact the water moving to the north and northwest and there would be changes in the surface ecological system. At this time, Mr. Herbert responded to questions presented by the Board and Ms. Bonifay regarding his testimony.

Mr. Pfeiffer called Ms. Linda Portal, LMK Portal Consulting, to provide testimony. He distributed a copy of Ms. Portal's Resume (Opposition's Exhibit 2).

Ms. Linda Portal, LMK Portal Consulting, appeared before the Board and provided testimony on her analysis of whether the proposed changes in the Gatwick II PUD are consistent with the Lake County Comprehensive Plan. She testified that the issue of the golf course was a serious issue in regard to the Comprehensive Plan. She stated that commercial uses are allowed within the Wekiva River Protection Area and specifically allows one acre of commercial use for every 500 dwelling units which would allow two-thirds of an acre of commercial activity within the proposed development. She stated that the ordinance allows for industrial capabilities, which would not be allowed within the Wekiva zone. She stated that the issue of water quality was a pertinent issue because this area was designated within the Comprehensive Plan as a high recharge area receiving 10 inches of rain or more per year, and there are policies that regulate what types of activities can occur in those high recharge areas. She testified that Policy 7-2.2 states that it was very important that what occurs does not alter or reduce the volume or the quality of water available in either the surficial or the Floridan aquifer. She testified that Policy1-21.1, Surface and Subsurface Hydrology, requires that the hydrology of a site should be utilized in determining land use as opposed to land use determining hydrology. She testified that the Policy 1-20 requires that the County preserve the topography and natural function of the site, and Policy 1-20.4, Density and Intensity of Land Use Within the Wekiva River Protection Area, requires that the development utilize the concept of clustering of residential and keeping that cluster as far away on the site as possible from the wetlands, which is not the design before the Board at this time. She testified that the addition of a golf course, a reduction in size of residential lots, and the addition of central wastewater treatment and centralized potable water supplies to the Gatwick II PUD was not consistent with the Lake County Comprehensive Plan. At this time, Ms. Portal addressed questions presented by Ms. Bonifay in regard to her testimony on the policies of the Lake County Comprehensive Plan.

Mr. Richard Bogle appeared before the Board in support of this request and stated that he owns the 49 acres on the north portion of this project; however, the sale of his property was not contingent on approval of this request. He cited Chapter 381.00655, Florida Statute, which specifically requires hook up to a centralized sewer if available. He stated that Altamonte Springs has shown that the use of the reclaimed water system substantially reduces the amount of water drawn from the aquifer, and it was nationally recognized that reclaimed water in a centralized sewer and water system was far superior to well and septic tanks. He stated that Heathrow Country Estates provides far more open space than Gatwick II.

Mr. Scott B. Taylor, a property owner adjacent to Gatwick II PUD, appeared before the Board and submitted a packet of correspondence (Opposition's Exhibit 3) comprised of a letter, dated May 26, 2000, to the developer requesting permission to conduct on-site studies on the property in an effort to provide information for the hearing this date; a request, dated May 30, 2000, for assumptions that were used to prepare the water use presentation in the May 23, 2000 public hearing; a letter, dated May 26, 2000, from 27/SSH Corporation requesting data on his own property for additional soils and hydrology testing; a letter, dated June 6, 2000, to Yovaish Engineering Sciences forwarding the requested information, sources and clarification of land use and a repeat of his request for data and assumption used to prepare the water presentation and on-site inspection requests; a letter, dated June 6, 2000, to 27/SSH Corporation forwarding a copy of the letter to Yovaish Engineering Sciences and copies of the May 26, 2000 and May 30, 2000 letters requesting a response; three certified letters, dated June 8, 2000, to Richard and Victoria Bogle; Hardy Vaughn, Trustee; and to Frontline Properties/Peter and Patricia Ann Volchko requesting permission to perform on-site studies on their property; a letter from 27/SSH Corporation to a neighbor requesting information on his property for additional soil and hydrology testing; and a response, dated June 6, 2000, from the neighbor to 27/SSH Corporation. He stated, for the record, that 27/SSH Corporation has never responded to his requests nor did the property owners and 27/SSH Corporation has not performed on site testing on his property or on Mr. Onyett's property.

Mr. Roy Onyett appeared before the Board in opposition to this request and stated that he was a resident of Gatwick I and the owner of a parcel that abuts the proposed golf course. He submitted a site plan (Opposition's Exhibit 4) and expressed concern with the golf course, the reclustering and the placement of the six lots adjacent to his back property.

Mr. Tom Drake, a resident of Gatwick I, appeared before the Board and stated that residents of Gatwick I have previously submitted in writing a petition from the residents of Gatwick I in support of this project. He stated that the residents have discussed this project with a civil engineer and came up with the same understanding that a centralized plant, using reclaimed water on a golf course, was superior to the individual 323 septic tanks.

Mr. Everett Huskey, President, Huskey Development Corporation, Inc., appeared before the Board as a consultant for the Heathrow Group. He discussed the issue of septic tanks and individual wells.

Mr. Bruce Duncan, Attorney, Potter Clement Lowry & Duncan, representing Mr. Scott Taylor, appeared before the Board and submitted, for the record, a Gatwick II PUD Area Traffic Evaluation (Opposition's Exhibit  5) on behalf of his client. He stated that it was clear that this request does not comply with sections of the Lake County Comprehensive Plan that address the Wekiva River Protection Act. He discussed Section 1-20.11(D) which limits commercial development within the Wekiva River Protection Area to one acre per 500 units. He stated that Heathrow Country Estates would result in a decrease in lakes and wetlands from 66.1 acres in the Gatwick II proposal to 14.8 acres in the amendment request. He stated that there are areas in Lake County that are specifically set aside for protection from development because they are areas of critical state concern and those areas must be protected in order to insure quality of life for the future.

Mr. George Sanders, a property owner on State Road 44, appeared before the Board in support of this request and stated that he would consider it a plus to have a development and golf course in the area. He discussed the issue of green space being preserved with a golf course in lieu of all asphalt and houses.

Mr. Keith Schue, Wekiva Issue Chair, Sierra Club Central Florida Group, appeared before the Board in opposition to this request and stated, for the record, that they concur with the opinions of Friends of the Wekiva River, that a golf course was not appropriate for this area. He submitted a packet of information (Opposition's Exhibit 6) comprised of two letters from the Sierra Club, dated July 25, 2000; one letter from Audubon International, dated July 20, 2000; and the Audubon Signature Program Natural Resource Management Plan Table of Contents. He discussed the Audubon International Program, and read, into the record, his letter, dated July 25, 2000, addressed to the Board of County Commissioners. He stated that his comments were based on his conversations with Ms. Nancy Richardson, Signature Program Director for Audubon International. He stated that the Sierra Club Central Florida Group believes that the Lake County Board of County Commissioners and staff have been largely mislead by the applicant on this issue and that Audubon International has been improperly represented. He stated that it was easy to generalize about protecting natural resources, environmental ethics, and sustainability; however, it was more difficult to demonstrate by way of independent verification that these objectives have been achieved.

Mr. Joe DoBosh, Senior Vice President, 27/SSH Corporation, Heathrow Land Company, Limited Partnership, appeared before the Board and stated that comments made by Mr. Keith Schue were misleading in regard to the Audubon International Signature Program. He stated that the Design Team has used the Audubon program in the design and water calculations of the golf course to assure that they were doing the best that they can do in Lake County. He stated that their intent was to design a golf course like no other in the State of Florida.

Ms. Bonifay concluded her presentation and stated that this parcel was in the A-1-20 Receiving Area and in the Mt. Plymouth/Sorrento Urban Compact Node. She discussed the existing zonings in the area. She submitted a document titled Memorandum In Response To Lake County Comprehensive Plan Objectives and Policies (Applicant's Exhibit I) and discussed same. She stated that they find no inconsistencies with the Lake County Comprehensive Plan and have provided the competent substantial evidence on which to make a decision.

There being no further public comment, the public hearing portion of the meeting was closed.

In response to a question presented by Commr. Gerber, Mr. DoBosh stated that the developer would own the golf course, and they were anticipating a six and one-half year build-out for 323 homes with an average price of $450,000 per home.

Mr. Allen Hewitt, Lake County Water Resource Management, appeared before the Board and stated that staff does strongly agree with central water and central sewer. He stated that the Environmental Protection Agency recognizes that one of the major threats to ground water was septic tanks. He stated that they have not looked at the water use caution area and noted that this project would go through the St. Johns River Water Management District permitting process and there were areas that need to be reviewed. He stated that it was estimated that, by Year 2020, this area would have a 2 to 10 million gallon deficit in ground water resources unless alternative sources are found. He expressed concern with the lined stormwater ponds which will reduce the amount of recharge to the surficial and Floridan aquifer and increases the amount of evaporation. He stated that during the dry season stormwater may not be available for irrigation, and they will have to supplement with ground water. He stated that this was a priority water use caution area, and the St. Johns River Water Management District has expressed concerned with this project. He stated that staff was recommending that the Water Resource Management Plan, the Pesticide and Herbicide Management Plan and the Natural Resource Management Plan be submitted under the County's guidelines so that Water Resource Management can monitor the development. In response to questions presented by Commr. Swartz, Mr. Hewitt stated that he disagrees with previous testimony made on May 23, 2000 that neither central water or central wastewater was environmentally necessary in this development. He stated that we do have a water use caution area, and we are running deficits with extreme deficits by Year 2020. He stated that he would classify this proposed plant for water and sewer as a sub-regional system and not a regional water supply system or a regional central sewer system which was the basis of the staff report.

Commr. Hanson stated that a small area study prior to 1990 recommended utilities in the Mt. Plymouth/Sorrento Urban Node and for that community to develop utilities will be necessary. She questioned if the proposed water and sewer plant could link and create a system along State Road 46 that would address the commercial growth in the area. She stated that there was a perception that this project was located right on the Wekiva River; however, the project was located 12 miles from the Wekiva River. She noted the location of an Orlando Sentinel Industrial Plant located approximately one-quarter of a mile from the Wekiva River. She stated that the proposed site was a receiving area which means that the development will be transferred away from the sensitive areas along the Wekiva River. She noted that golf courses have never been considered commercial in the history of Lake County. She stated that she believes strongly in the preservation of the Wekiva River Basin; however, there are laws that work for both the property owners and for the environment. She stated that the project was in compliance with the Wekiva River Protection Act and with the Lake County Comprehensive Plan. She stated that she does not have a particular interest in this project moving forward except that it was a good thing for Lake County, the citizens that live in the Sorrento/Mt. Plymouth area, the environment and it can help to provide utilities in the area.

Commr. Gerber stated that her concern was with the water issues and that she disagrees with the statement that we have not heard competent substantial evidence in regard to the impact on the water and the spring flows. She discussed the water crisis that Lake County will be facing in Year 2020 and stated that to put a golf course on State Road 46 was premature.

Commr. Cadwell stated that he has no comfort level with this request and expressed concern that approval of this request could be the first step in the wrong direction. He stated that we have a water oriented resource in the area, and golf courses were a negative impact on that resource. He stated that he could not support a golf course in the Wekiva River Protection Area.

Commr. Swartz stated that the issue of the open space was discussed at the May 23, 2000 public hearing, and the previous development approved in the original PUD required 72.5 acres of open space, non-vegetative, pervious surface. He stated that the non-vegetative pervious surface open space will be gone with the approval of this request.

Commr. Hanson made a motion, which was seconded by Commr. Pool, to uphold the recommendation of the Planning and Zoning Commission and approved a request from Cecelia Bonifay, Gatwick II, Petition No. PH#19-00-4, a request for an amendment to the existing PUD Ordinance #108-89 and #60-91 to include: (1) The addition of an 18-hole golf course; (2) the addition of water and sewer treatment plant facilities (sub-regional); (3) the use of lot clustering and lot size reduction for internal subdivision, with minimum lot size of 100 feet by 175 feet (lots adjacent to property boundary line are to be a minimum size of 132 feet by 250 feet); (4) the proposed setback requirements for lots within clustered subdivision: 20 feet front and rear yard; 7.5 feet side yard; 20 feet side yard by street; and (5) the internal road right-of-ways to be a minimum of 50 feet wide with the exception of the entrance roadway - Tracking No. #39-00-PUD/AMD.

Mr. Sandy Minkoff, County Attorney, clarified that it has been Board procedure that, if a motion to approve is made and the motion fails, the record would reflect that the rezoning was denied.

Commr. Swartz addressed the Memorandum In Response to Lake County Comprehensive Plan Objectives and Policies (Applicant's Exhibit I) and stated that the memorandum ignores all of the clearly competent substantial evidence on behalf of a number of people who were also deemed to be experts by this Board and in all of the major areas of interest as it dealt with water quality, water quantity, and the consideration of whether or not it was consistent with the Lake County Comprehensive Plan. He stated that there has been absolutely competent substantial evidence that this project was not consistent with the Lake County Comprehensive Plan, was not consistent with the Wekiva River Protection Act Amendment to the Comprehensive Plan and all of the items that were placed into the record at the last public hearing that still remain. He stated that Policy 1-23.1 Provision of Central Water Systems within the Wekiva River Protection Area, clearly states that the provision of central water systems within the Wekiva River Protection Area are only to be used when they are environmentally necessary. He stated that Policy 1-24.1 Provision of Sewer Water Systems within the Wekiva River Protection Area, clearly states that the provision of sewer water systems within the Wekiva River Protection Area are only to be used when they are environmentally necessary. He stated that the Lake County Comprehensive Plan was not vague and under those same policies it states that the development of a regional water system and the development of a regional sewer treatment system, not a sub-regional, was encouraged. He addressed testimony by Dr. Tom Herbert and Dr. Bernard Yokel. He stated that Policy 1-21.7 Preservation of Natural Habitats within the Wekiva River Protection Area, clearly states that the preservation of such habitat shall ensure sufficient habitat exists for feeding, nesting, roosting, resting, traveling and migration, so as to maintain viable populations of those species listed. He stated that expert testimony has stated that a golf course was not going to be consistent with Policy 1-21.7. He stated that Dr. Herbert and Dr. Yokel have provided testimony on Policy 1-21-1 Surface and Subsurface Hydrology, and they have testified that the central water system had the potential to draw down and impact the surface and subsurface hydrology. He stated that a club house with a restaurant as an associated part of a golf course was commercial, and Policy 1-20-11 specifically allows one acre of commercial for 500 dwelling units. He stated that he would vote in opposition to this request based on all of the expert testimony presented in regard to the inconsistency with the Comprehensive Plan.

The Chairman called for a vote on the motion, which failed by a 2 - 3 vote.

Commr. Cadwell, Commr. Gerber and Commr. Swartz voted in opposition.

Commr. Hanson requested that staff bring back to the Board, within the next six weeks, new language and policies on all future golf courses in Lake County and to look at retrofit for existing golf courses.



AGENDA UPDATE

Commr. Cadwell announced that Tab 15, the presentation on the Southwest Orange and Southeast Lake Counties Transportation Alternative Study by Post, Buckley, Schuh & Jernigan, Engineering Consultants, would be rescheduled; Tab 16, the discussion on open space requirements for non-PUD subdivisions has been pulled from the agenda; and Tab 17, the discussion of a program to bring unmaintained dirt connector roads into the County maintenance system as clay roads, has been rescheduled to August 1, 2000. He further announced that setting of the tentative millage rates would be rescheduled on August 1, 2000.

PUBLIC HEARINGS

ORDINANCES/PLANNING

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance creating Section 9-9 titled Funding of Family Mediation Services, on the floor for its final reading, by title only, as follows:

An ordinance of the Board of County Commissioners of Lake County, Florida; creating Section 9-9 of the Lake County Code entitled Funding of Family Mediation Services; providing for a service charge of Forty-Five dollars as allowed by Florida Statute 44.108(3)(1999); providing for severability; providing for inclusion in the Lake County Code; and providing for an effective date.



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. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 2000-41, an ordinance creating Section 9-9 of the Lake County Code entitled Funding of Family Mediation Services, as read on its final reading by title only.

OTHER BUSINESS

APPOINTMENTS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the appointment and reappointments of the following individuals to the Women's Hall of Fame Selection Committee:

Appointment

District 1 - Sanna Henderson



Reappointments

District 2 - Ann Dupee

District 3 - Gwen Manning

District 4 - Shirley Grantham

District 5 - Bob McKee



REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS

Mr. Sandy Minkoff, County Attorney, presented the request for approval of the Extension Agreement between Lake County, Polk County, St. Johns River Water Management District and the Ocklawaha Basin Recreation and Water Conservation Authority relating to the funding of the Comprehensive Surface Water Study of the Lake Lowery Region.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of the Extension Agreement relating to the Comprehensive Surface Water Study of the Lake Lowery Region.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

COURTS-JUDGES/SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, presented the request for approval of a Settlement Agreement in the case of Lake County vs. Samuel R. McCoy, Jr. and Michael McCoy; and for approval of a Satisfaction and Release of Lien, Case No. 00-1215CA, in the amount of $6,250.00.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of Settlement Agreement in the case of Lake County vs. Samuel R. McCoy, Jr. and Michael McCoy; and approval of Satisfaction and Release of Lien - Lake County vs. Samuel R. McCoy, Jr. and Michael McCoy, Case No. 00-1215CA, in the amount of $6,250.00; and authorized proper signature on same.

COMMISSIONER SWARTZ - DISTRICT NO. 3

Commr. Swartz asked if Commr. Pool would like to provide input into the setting of the tentative millage rate given the fact that he would not be present at the August 1, 2000 meeting. Commr. Cadwell requested that Commr. Pool leave his comments and suggestions in writing prior to the August 1, 2000 meeting. A brief discussion occurred regarding the millage rate, and it was noted that, at this point, the overall increase based on the rollback rate, including ambulance and stormwater management, was at 26.3%.



COMMISSIONER HANSON - DISTRICT NO. 3

ACCOUNTS ALLOWED/GRANTS

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of grant application and acceptance of funds, in the amount of $15,000.00, from the State of Florida, Department of Elderly Affairs.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 8:20 p.m.



WELTON G. CADWELL, CHAIRMAN











ATTEST:



JAMES C. WATKINS, CLERK



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