The Lake County Board of County Commissioners met in regular session on Tuesday, July 24, 2001, 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: Catherine C. Hanson, Chairman; Robert A. Pool, Vice Chairman; Debbie Stivender; Jennifer Hill; and Welton G. Cadwell. Others present were: Sanford A. Minkoff, County Attorney/Interim County Manager; Valerie Fuchs, Assistant County Attorney; Barbara Lehman, Chief Deputy Clerk, County Finance; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
There were no changes to the Agenda.
MINUTES
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board postponed action regarding the Minutes of June 12, 2001 (Special Meeting - Fiscal Retreat), until the Board Meeting of August 7, 2001.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of June 19, 2001 (Regular Meeting), as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds - New, Rider, and Cancellations, as follows:
NEW
5421-01 Von McElroy (Electrical)
5518-01 Robert Russell Rydberg
5669-02 Bernd B. Schulze d/b/a Quinco Electrical, Inc.
5846-01 Craig Sweeney d/b/a Best Plumbing and Remodeling, Inc.
RIDER
5805-01 Principal's name has been changed to read: Douglas J. Stalford
CANCELLATIONS
4393-01 F & S Plumbing Company, Inc.
4543-01 John S. Mudrick d/b/a Air Engineers/Ductbusters
Accounts Allowed/Fixed Assets
Request for approval of list of unaccounted for/lost items to be deleted from Fixed Assets, for the month of July, 2001, in the amount of $10,215.67.
Accounts Allowed/Courts-Judges
Request for approval of Release of Fine, as follows, and authorized proper signatures on same:
Amended Order of Fine for Paul W. and Tara G. Smith, in the amount of $7,400.00, dated August 2, 2000, and recorded in Official Record Book 1847, Pages 763 and 764, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida, on the 3rd day of August, 2000;and the Second Order of Fine, in the amount of $6,150.00, dated October 4, 2000, and recorded in Official Record Book 1867, Pages 2162 and 2163, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida, on the 5th day of October, 2000. The Judgment-Creditor hereby acknowledges release of said Judgment and directs that said Judgment be canceled of record.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction and Release of Fines, as follows, and authorized proper signatures on same:
Reduction of Order of Fine for Johnny Brewer and Darch Brewer, in the amount of $500.00, dated May 17, 2001, and recorded in Official Record Book 1951, Pages 819, 820, and 821, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida, on the 23rd day of May, 2001. The Judgment-Creditor hereby acknowledges release of said Judgment and directs that said Judgment be canceled of record.
Reduction of Order of Fine for Max and Kim Sprague, in the amount of $250.00, dated May 17, 2001, and recorded in Official Record Book 1951, Pages 822 and 823, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida, on the 23rd day of May, 2001. The Judgment-Creditor hereby acknowledges release of said Judgment and directs that said Judgment be canceled of record.
Accounts Allowed/Courts-Judges
Request for approval of Satisfactions of Judgment, as follows, and authorized proper signatures on same:
Satisfaction of Judgment for State of Florida vs. Jesse Paul Wells, III, in the amount of $50.00, Case No. 0100151MMA01AC, entered on the 14th day of June, 2001, and recorded in Official Record Book 01960, Page 2320, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida.
Satisfaction of Judgment for State of Florida vs. Jesse Paul Wells, III, in the amount of $100.00, Case No. 00-4891MMA01AC, entered on the 14th day of June, 2001, and recorded in Official Record Book 01960, Page 2319, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida.
Satisfaction of Judgment for State of Florida vs. Ray William Kearns, in the amount of $750.00, Case No. 98-1952CFA, entered on the 16th day of February, 1999, and recorded in Official Record Book 1704, Page 321, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida.
Satisfaction of Judgment for State of Florida vs. Rebecca Faye Weinmann, in the amount of $40.00, Case No. 94-1331CFA, entered on the 16th day of June, 1997, and recorded in Official Record Book 1527, Page 1825, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida.
Satisfaction of Judgment for State of Florida vs. Randy Alan Dalzell, in the amount of $250.00, Case No. 93-943CFA, entered on the 16th day of April, 1997, and recorded in Official Record Book 1516, Page 0221, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida.
Satisfaction of Judgment for State of Florida vs. Scott Michael Frechette, in the amount of $750.00, Case No. 9902072CFA, entered on the 18th day of April, 2000, and recorded in Official Record Book 1826, Page 734, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida.
Accounts Allowed/Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $9,519.15.
Accounts Allowed/Reports
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.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 2001, in the amount of $147,284.97. Same period last year: $151,024.61.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that, with regard to Tab 15, a request from Risk Management for approval to accept the settlement amount of $350,000.00 from Commercial Union Insurance Company, as payment in full for any and all outstanding medical insurance claims for the period ending September 30, 1999; and signature on the Release Form for the release of claims against Florida Healthcare Purchasing Cooperative (FHPC), that the Release Form should include Commercial Union Insurance Company, as well; and that, with regard to Tab 23, all the improvements in the subdivision have not been completed, so the County is also accepting a Performance Bond to guarantee the rest of the improvements.
Commr. Hill requested that Tab 14, a request from Procurement Services for approval and authorization to award Bid No. 01-104, encumber funds, and execute a contract, subject to County Attorney approval, to the lowest responsive and responsible bidder, for road construction at the Pine Lakes Drop-Off Center for Solid Waste; and Tab 16, a request for approval of a Special Master's Settlement Agreement for Robert and Linda Finnell (SM-9-01), be pulled from the County Manager's Consent Agenda, for discussion.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Community Services/State Agencies
Request from Community Services for approval to adopt the HUD required Administrative Plan for the Lake County Section 8 Rental Assistance Program.
Assessments/Community Services
Request from Community Services for approval of a minor amendment to the FY 2000/2005 Consolidated Plan, that will transfer extra funds from the Community Development Block Grant (CDBG) Special Reserve Account and the Lake Kathryn Construction Account to the Forest Hills Paving Assessment Account, to accommodate cost overruns.
Community Services
Request from Community Services for approval of new poverty guidelines for General Assistance Programs (GAP).
Accounts Allowed/Economic Development
Request from Economic Development for approval of the return of $110,000.00 to the Jobs Growth Investment Trust Fund from Bailey Industries, Inc.
Accounts Allowed/Economic Development
Request from Economic Development for approval to accept payments from G. C. Stanley, Inc., as repayment of funds received from the Jobs Growth Investment Trust Fund, in the amount of $20,000.00.
Accounts Allowed/Contracts, Leases and Agreements/Emergency Services
Municipalities
Request from Emergency Services for approval to purchase property, execute contract, and any other documentation necessary to complete the purchase of property in Mt. Plymouth, in the amount of $30,000.00, to be utilized for future growth for fire station expansion.
Contracts, Leases and Agreements/Facilities and Capital Improvements/Fairgrounds
Rights-of-Way, Roads and Easements/Utilities
Request from Facilities and Capital Improvements for approval and signature on two Utility Easement Agreements with the City of Eustis, for Non-Exclusive Easements, for two 15-foot utility easements across the Fairgrounds property.
Assessments/Emergency Services/Fiscal and Administrative Services/Resolutions
Request from Fiscal and Administrative Services - Assessments, for approval and authorization to execute Resolution No. 2001-131, which initiates the annual process for updating the Assessment Roll and directs the re-imposition of Fire Rescue Assessments, for the fiscal year beginning October 1, 2001.
Accounts Allowed/Budgets/Emergency Services/Fiscal and Administrative Services
Impact Fees/Public Works/Resolutions/Sheriff's Office
Request from Fiscal and Administrative Services - Budget, for approval of the following:
Budget transfer from Repair and Maintenance - Fire Stations, in the amount of $40,000.00, to Emergency Services, Repair and Maintenance. This transfer is to merge two accounts and pay for the repair of the fire stations out of the main repair and maintenance account.
Budget transfer from Contingency - County Transportation Trust, in the amount of $40,000.00, to Public Works, Buildings. A change order is necessary for the remodeling of the two maintenance barns, to correct problems with the roofs on the structures.
Budget transfer from Sheriff's Automation, in the amount of $27,957.00, to Constitutional Offices/Sheriff, Law Enforcement Capital Outlay. Pursuant to F.S. 30.49, the Sheriff is requesting a transfer, in the amount of $27,957.00, from the Sheriff's Automation Account to the Law Capital Outlay Account.
Budget transfer from Contingency - Sheriff, in the amount of $20,000.00, to Constitutional Offices/Sheriff. Pursuant to F.S. 30.49, the Sheriff is requesting a transfer, in the amount of $20,00.00, from Contingency - Sheriff to the Law Enforcement Capital Outlay Account.
Resolution No. 2001-132, to amend the Lake County Ambulance Fund, in order to receive unanticipated revenue for Fiscal Year 2000/2001, in the amount of $772,530.00, from the South Lake Hospital District, for emergency medical transportation services, and to provide appropriations for the disbursement of these funds to Aids to Other Organizations and Special Reserve.
Impact Fee Refund to PCD Inc./Colony Construction Company, in the amount of $800.00. Money was not credited at time of permitting from CMS Account and applicant was overcharged.
Bids/Contracts, Leases and Agreements/County Employees/Fiscal and Administrative Services - Procurement Services/Insurance
Request from Fiscal and Administrative Services - Procurement Services, for approval and authorization to award RFP No. 01-078, encumber funds, and authorize contracts, subject to County Attorney approval, to Employers Mutual, Inc., to provide Third Party Claims Administration services; and to Walgreens, to provide Pharmacy Benefit Management services; and that all proposals for the Employer Stop Loss Insurance be rejected.
Bids/Contracts, Leases and Agreements/County Employees/Fiscal and Administrative Services - Procurement Services/Insurance
Request from Fiscal and Administrative Services - Procurement Services, for approval and authorization to award RFP No. 01-077, encumber funds, and authorize contracts, subject to County Attorney approval, to Unum Provident Corporation, to provide employee Group Life, Voluntary Life, and Long Term Disability Insurance; and to CompBenefits, to provide employee Group Dental Insurance.
Accounts Allowed/Insurance/Risk Management
Request from Risk Management, for approval to accept the settlement amount of $350,000.00 from Commercial Union Insurance Company, as payment in full for any and all outstanding medical insurance claims for the period ending September 30, 1999; and signature on the Release Form for the release of claims against Florida Healthcare Purchasing Cooperative (FHPC) and Commercial Union Insurance Company.
Deeds/Public Works/Rights-of-Way, Roads and Easements
Request from Public Works for approval of the following:
Drainage Easement Deed
Ruth S. Edgar
Holiday Circle
Non-Exclusive Easement Deed
Gladys S. Biggers
Statutory Warranty Deeds
Florida Rock Industries, Inc., a Florida corporation
Green Swamp Road (2-0439)
The School Board of Lake County, Florida
Hook Street
Temporary Non-Exclusive Easement Deed
Ruth S. Edgar
Holiday Circle
Assessments/Public Works/Resolutions/Roads-County and State/Road Projects
Request from Public Works for approval and authorization to execute Resolution No. 2001-133, for Special Assessment Project No. 92, accepting Hillside Drive (4-9798D), West Hillside Drive (4-8798E), Hill Drive ( 4-8798F), Lakeside Drive (4-8798G), Sunset Trail
(4-8798H), Pine Drive (4-8798I), Skyline Drive ( 4-8798J), and Holly Way (4-9798K) into the County Road Maintenance System.
Accounts Allowed/Public Works/Subdivisions
Request from Public Works for approval and authorization to release a Letter of Credit, in the amount of $39,653.00, that was posted for maintenance of the Lake Louisa Highlands Phase I Subdivision. Subdivision consists of 59 lots - Commission District 2.
Municipalities/Public Works/Rights-of-Way, Roads and Easements
Resolutions//Vacations
Request from Public Works for approval of Resolution No. 2001-134, advertising Vacation Petition No. 967, by John and Mary Rocker, to vacate easement, in Sections 9 and 10, Township 23, Range 24, recorded in the Plat of Groveland Farms, in the Clermont area - Commission District 2.
Public Works/Resolutions/Rights-of-Way, Roads and Easements/Subdivisions/Vacations
Request from Public Works for approval of Resolution No. 2001-135, advertising Vacation Petition No. 968, by Betty Jean Atkinson, to vacate right-of-way, in Section 33, Township18, Range 27, recorded in the Plat of Eldorado Heights Subdivision, in Plat Book 3, Page 7, in the Eustis area - Commission District 4.
Accounts Allowed/Public Works/Subdivisions
Request from Public Works for approval and authorization to release a Letter of Credit, in the amount of $28,612.80, that was posted for maintenance of the Louisa Pointe Phase I Subdivision. Subdivision consists of 40 lots - Commission District 2.
Accounts Allowed/Bonds/Contracts, Leases and Agreements/Public Works/Resolutions
Roads-County and State/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Citrus Highlands Phase I Subdivision; accept a Performance Bond for Landscaping Improvements, in the amount of $105,000.00; execute a Developer's Agreement for Construction of Improvements between Lake County and Calflor Properties, LLC; accept a Performance Bond, for the remaining amount of construction, in the amount of $38,300.00; execute a second Developer's Agreement for Construction of Improvements between Lake County and Calflor Properties, LLC; accept a Maintenance Bond, in the amount of $133,200.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Calflor Properties, LLC; and execute Resolution No. 2001-136, accepting the following roads into the County Road Maintenance System: Arran Court (2-0260E); Barra Court (2-0260D), Citrus Parkway "Part" (2-0261); Tiree Drive "Part" (2-0261A); Caithness Way (2-0262A); and Culloden Court (2-0262A). Subdivision consists of 103 lots - Commission District 2.
Contracts, Leases and Agreements/Municipalities/Public Works/Road Projects
Request from Public Works for approval and signature on the Interlocal Agreement between Lake County and the City of Leesburg, relating to Echo Drive/US 441 Intersection Realignment Construction Project.
Accounts Allowed/Contracts, Leases and Agreements/Grants/Public Works
Request from Public Works for approval of the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant Agreement (No. AK330), in the amount of $34,958.00.
SUPERVISOR OF ELECTIONS/VOTING
A presentation regarding Voting Systems, by Ms. Emogene Stegall, Supervisor of Elections, was postponed until the Board Meeting of August 7, 2001.
PUBLIC HEARING
ROAD VACATIONS
PETITION NO. 964 - JOE GODFREY, JR. - LEESBURG AREA
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request to vacate a road in Section 14, Township 19, Range 25, recorded in the Plat of Silver Lake Estates, in Leesburg, east of Radio Road. He displayed an aerial, pointing out the road in question. He stated that staff was recommending approval to vacate said road, however, noted that there were six letters in opposition to the request on file.
The Chairman opened the public hearing.
It was noted that the applicant was not present in the audience.
Ms. Lusoespie Francis, a resident of the area in question since 1990, addressed the Board stating that several individuals submitted letters to the Board stating they would like to keep the right-of-way in question as it is, noting that, if it is left open, it would be a place for the residents to stop and talk to each other. She stated that it is only one small path, but one giant leap for the neighborhood.
Ms. Suzanne Pellecani, a resident of the area in question, addressed the Board stating that she felt it was in the best interest of the residents to make the right-of-way a walkway for their use. She stated that she felt it would bring the community together, as a group, and give them a safe place to walk and socialize with each other.
Mr. Jason Allen, a resident of the area in question, addressed the Board stating that, when he purchased his home in 1990, he was under the assumption that the property in question had been set aside for a church. He stated that his house abuts the property and he is very concerned about the noise and traffic that will be generated from the road and lift station that the applicant plans to construct on the property. He stated that he felt the property should be left as a common area.
Mr. Carlo Sabo, a resident of the area in question, addressed the Board stating that his house is located directly behind the property in question and he is concerned about traffic that will be generated by the proposed lift station and the fact that headlights from said traffic will shine into his bedroom and family room windows. He stated that he would like to see something built on the property that would not generate said traffic.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Stivender stated that she had no problem with vacating the right-of-way, however, noted that she would like to have this case postponed until a later date, to allow the residents in the area to meet with the applicant, to see if he is amenable to letting them use the right-of-way as a path, as they have indicated. She stated that she would be willing to work with the applicant and the residents, to see if a satisfactory resolution can be obtained.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to postpone Petition No. 964, by Joe Godfrey, Jr., to vacate
a road in Section 14, Township 19, Range 25, recorded in the Plat of Silver Lake Estates, in the Leesburg area - Commission District 3, until the Board Meeting of August 28, 2001.
PUBLIC HEARINGS
REZONING
PETITION NO. CUP01/7/2-2 - CUP IN A - PATRICIA M. LAND
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request for a CUP (Conditional Use Permit) on a parcel of property just under 20 acres, for care of the infirm. She stated that staff was recommending approval of the request and noted that the Planning and Zoning Commission recommended approval, as well. She stated that there was no opposition to the request. She stated that this case might be one of the last CUPs in A (Agriculture) that the Board has to deal with, noting that staff will be coming before the Board in August of this year with final language regarding changes to the County's Code.
The Chairman opened the public hearing.
The applicant or the applicant's representative was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2001-100 - Patricia M. Land, Rezoning Case No. CUP01/7/2-2,
Tracking No. 99-01-CUP, a request for a CUP in A (Agriculture), for the temporary placement of a mobile home for the care of infirm relative(s).
PETITION NO. PH42-01-3 - A TO AR - LEONARD AND SHIRLEY CULLEN
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone a parcel of property consisting of approximately 20 acres, in the Howey-in-the-Hills area, from A (Agriculture) to AR (Agriculture Residential). She stated that the surrounding zoning is Agriculture; therefore, staff found the request consistent and was recommending approval of the request. She stated that the Planning and Zoning Commission recommended approval, as well, and that there was no opposition to the request.
The Chairman opened the public hearing.
The applicant was not present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stivender, 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. 2001-101 - Leonard and Shirley Cullen, Rezoning Case No. PH42-01-3, Tracking No. 95-01-Z, a request for rezoning from A (Agriculture) to AR (Agriculture Residential).
PETITION NO. PH46-01-2 - R-2 TO A - BRITTON H. BARNES AND THOMAS BARNES
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone a 25 acre parcel, in the Suburban land use category, in the Groveland area, from R-2 (Estate Residential) to A (Agriculture). She stated that the request was consistent with the surrounding land uses; therefore, staff was recommending approval. She stated that the Planning and Zoning Commission recommended approval, as well, and that there was no opposition to the request.
The Chairman opened the public hearing.
The applicant or the applicant's representative was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2001-102 - Britton H. Barnes and Thomas Barnes, Rezoning Case No. PH46-01-2, Tracking No. 98-01-Z, a request for rezoning from R-2 (Estate Residential) to A (Agriculture), to allow for those uses permitted in the Agricultural zoning district.
PETITION NO. PH44-01-5 - A TO AR - GREGORY AND LORRAINE TIGHE
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone a 17 acre parcel, in the Urban land use category, in the Umatilla area, from A (Agriculture) to AR (Agriculture Residential). She stated that staff found the request to be a good transition for the area in question; therefore, they were recommending approval of it. She stated that the Planning and Zoning Commission recommended approval, as well, and that there was no opposition to the request.
The Chairman opened the public hearing.
The applicant or the applicant's representative was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, 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. 2001-103 - Gregory and Lorraine Tighe, Rezoning Case No. PH44-01-5, Tracking No. 97-01-Z, a request for rezoning from A (Agriculture) to AR (Agriculture Residential).
PETITION NO. PH45-01-1 - R-1 TO CFD - LEESBURG FIRST ASSEMBLY OF GOD, INC./RICK WELBORNE, PASTOR
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request from the Leesburg First Assembly of God to add a 2.5 acre parcel to their current property, consisting of 17.75 acres. She stated that the Planning and Zoning Commission recommended approval of the request, however, excluded a day care and school as a permitted use on the site. She stated that staff was recommending approval of the request.
The Chairman opened the public hearing.
The applicant was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2001-104 - Leesburg First Assembly of God, Inc./Rick Welborne, Pastor, Rezoning Case No. PH45-01-1, Tracking No. 100-01-CFD/AMD, a request for rezoning from R-1 (Rural Residential) to CFD (Community Facility District), to add land to the existing approved uses related to the church (Ordinance No. 1998-48 and Ordinance No. 25-92), excluding a day care and school on the site.
PETITION NO. CUP01/7/5-4 - AMEND EXISTING ORDINANCE NO. 1998-40 - HARLAND FOGLE, JR., D/B/A PIER 44 MARINA
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to amend existing Ordinance No. 1998-40, for CUP881A-4, for a marina, consisting of a little under five acres, in the east Lake County area. She stated that the applicant came before the Board a couple of years ago requesting approval to add a snack bar/deli to the marina; however, the applicant now wants to delete that use and convert the snack bar/deli to an apartment-type rental unit. She stated that staff was recommending approval of the request.
The Chairman opened the public hearing.
The applicant or the applicant's representative was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2001-105 - Harland Fogle, Jr. and Daniel Fogle/Pier 44 Marina,
Rezoning Case No. CUP01/7/5-4, Tracking No. 105-01-CUP/AMD, a request to amend existing Ordinance No. 1998-40 for CUP 881A-4, to delete the snack bar/deli and convert it into an apartment-type rental unit.
PETITION NO. PH43-01-2 - AMENDMENT TO REVISED AMENDED PUD ORDINANCE NO. 42-90 - M. D. WOODRIDGE, LLC/JIMMY CRAWFORD, GRAY, HARRIS AND ROBINSON, PA
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request for approval to amend a PUD (Planned Unit Development) from the 1990s, consisting of approximately eight acres of commercial property. She stated that the applicant was requesting approval to add a third driveway entrance to the commercial site, noting that the Ordinance currently limits the applicant to two driveways. She stated that there was no opposition to the request. She stated that the Public Works Department found, after much debate, that it would be much safer to have the third driveway; therefore, staff was recommending approval of the request.
The Chairman opened the public hearing.
The applicant or the applicant's representative was not present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2001-106 - M. D. Woodridge, LLC/Jimmy Crawford, Gray Harris and Robinson, Rezoning Case No. PH43-01-2, Tracking No. 96-01-PUD/AMD, a request for an amendment to revised amended PUD Ordinance No. 42-90, to add a third driveway entrance to the commercial development of the PUD.
PETITION NO. CUP01/7/3-5 - CUP IN A - GLORIA AUSTIN, CONTINENTAL ACRES EQUINE RESORT/BONNIE ROOF
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request for a CUP (Conditional Use Permit) in A (Agriculture), for equine uses. She stated that staff has no issues with language that the applicant wants to see in the Ordinance and, due to the fact that the property is completely surrounded by Agricultural zoning, feels the requested use is consistent with the area. She stated that staff was recommending approval of the request. She stated that the Planning and Zoning Commission recommended approval, as well, and noted that there was no opposition to the request.
The Chairman opened the public hearing.
The applicant or the applicant's representative was not present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, 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. 2001-107 - Gloria Austin, Continental Acres/Bonnie Roof, Rezoning Case No. CUP01/7/3-5, Tracking No.103-01-CUP, with language added to the Ordinance granting approval for five RV sites, for temporary use for festivals and special events, not to exceed a five day period.
PETITION NO. PH22-01-3 - A TO CFD - COX HOLDING CORPORATION OF LAKE COUNTY/HARLOW C. MIDDLETON
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone approximately three acres of
A (Agricultural) land to CFD (Community Facility District), to expand the use of a community residential home. She stated that there are bed and breakfast inns in the area, as well as some single family residential uses, with lakes on both sides of the property in question. She stated that staff was recommending approval of the request, noting that they did not find it too inconsistent with the residential use in the area to go from up to 6 residents to 7 to 14 residents, given the existing residential and community services in the area. She stated that the facility will remain a residential structure in design, to retain its residential characteristics. She stated that there was some opposition to the request from the community, at which time she noted that there were three letters of opposition on file and one letter of support. She stated that the applicant would like to do some cleanup, with regard to the current zoning on the property, noting that they would like to rezone a portion of it to R-2, to allow a single family residence, and the balance to CFD (Community Facility District). She stated that staff was recommending approval of both requests, however, noted that the Planning and Zoning Commission recommended approval of the R-2 request, but denied the request for a CFD.
The Chairman opened the public hearing.
Mr. Harlow Middleton, representing Cox Holding Corporation of Lake County, addressed the Board stating that he was general counsel for a myriad of companies owned by Mr. Ken Mazik, two of which are involved with this request, one being Cox Holding Corporation of Lake County, the title holder to the property in question, and the other being Carlton Palms Educational Center, which he noted is the facility that leases the property from Cox Holding Corporation. He stated that Carlton Palms Educational Center is the holder of a comprehensive transitional educational program license, which he noted is the only license like it in the State of Florida. He stated that it is a program license, not a site license, which allows individuals who are developmentally disabled, who have challenging behavior, into a facility at the most restrictive transition. He stated that the home has been licensed since 1992 as a six bed community residential home. He stated that, according to the Florida Statutes, a facility containing six beds or under can exist anywhere, without a public hearing; however, to increase it to 7 to 14 beds, they have to obtain approval from the local governmental agency, which would be Lake County in this case. He stated that the applicant does not wish to change the use of the property, only to increase the number of beds at the residence. He stated that there are currently two buildings on the property, one being a home with six residents and the other being a garage apartment with one resident. He stated that they would like to increase the number of residents in the garage apartment to two and increase the number of residents in the home from 6 to 12.
Mr. Middleton addressed some concerns that were noted at the Planning and Zoning Commission Meeting, one being that of additional traffic generated by the facility, at which time he noted that there are only three staff members at the facility during the day and three at night, with a supervisor or nurse stopping by occasionally. He stated that he noticed there was only one speed limit sign at the entrance to the property and suggested that the County erect one where one exits the property, as well. He stated that another concern was that of noise, however, noted that the facility has never received such a complaint in the past; therefore, he requested the Sheriff's Office to investigate the matter and was told that they had not received any such complaints. He stated that he had requested a postponement of the case, which he was granted, in order to have someone do a sound analysis. He stated that he had a community noise assessment done, where sound checks were conducted throughout the neighborhood, over a period of two days, while six of the residents participated in various activities inside and outside the house. He stated that six more residents were then added to the activities, to see what difference it would make in the noise level, and they found that it was no louder with the twelve residents than it was with the six. He stated that another concern was that of property values being affected, however, noted that there has been no effect on property values in the area. He noted that the property is very well maintained. He submitted, for the record, a petition (Applicant's Exhibit A) containing approximately 100 signatures in support of the request; a report from Habitat for Humanity International on "Why Affordable Housing Does Not Lower Property Values" (Applicant's Exhibit B); a copy of a letter (Applicant's Composite Exhibit C) that he had written to the Lake County Sheriff's Office, dated June 6, 2001, questioning whether the Sheriff's Office had ever received any complaints regarding excessive noise coming from the facility in question, along with the reply from the Sheriff's Office, indicating that they had not; and a copy of a memorandum (Applicant's Composite Exhibit D) to Mr. Sandy Minkoff, County Attorney/Interim County Manager, dated July 19, 2001, with regard to the requirements of the Fair Housing Act, along with various anti-discrimination court cases that were filed with the Supreme Court, with regard to said issue, and their outcome. He stated that the facility is a residence in a residential area that is being used as a residence. He stated that the development pattern will not be affected, noting that the applicant does not intend to make the residence one square foot larger than what it currently is. He stated that he felt staff was recommending approval of the request for all the right reasons and that he felt the developmentally disabled individuals who would be living at the facility needed and deserved the right to have that experience. He asked the Board to approve the request.
Commrs. Stivender, Pool, Hill, and Hanson noted, for the record, that they had met with Mr. Harlow Middleton, General Counsel for Cox Holding Corporation of Lake County; Mr. Kenneth Mazik, the owner of Cox Holding Corporation; and Mr. Scott Morrell, an adjacent property owner, prior to this meeting.
Mr. Derek Sahroth, Attorney, Bowen and Campione, representing Emerald Inn, Ms. Colleen McKinley, and Mr. Ronald Oiman, adjacent property owners in opposition to this request, addressed the Board stating that their primary opposition was that the proposed Ordinance states that the use will be limited to a maximum of six residents, not fourteen. He referred to Florida Statute 419.001, which governs community residential homes, noting that the home in question has six residents and, when an application is submitted to have more than six residents, as in this case, the Statute requires that the applicant go through a procedure, which is being done this date, and it is within the Board's discretion to deny or approve the rezoning. He stated that, under Section 300.02 of the County's Land Development Regulations (LDRs), the applicant must show that the increase is necessary and desirable. He stated that it is the opinion of his clients that the increase is not necessary. He stated that, should the home double in size, it would adversely affect the dynamics of the neighborhood. He stated that the Statute permits the Board to deny the rezoning request, if a single family residence is located within 500 feet of the subject home, and, in fact, a single family residence is located closer than 500 feet, giving the Board a potential basis for denial of the request. He further stated that the Statute states, if there is more than one such home in a radius of 1,200 feet, it would be an over concentration of such homes, and, in fact, there is another such home located approximately one-half mile from the home in question. He stated that his clients would like to see from the applicant a showing of necessity and, as required by the Statute, a statement from the District Administrator for the Department of Children and Families indicating same.
Mr. Bruce Lybrand, a resident of Mt. Dora, addressed the Board stating that he and his wife just purchased a house next door to the facility in question, at which time they were told the facility housed children who were developmentally challenged. He stated that, after reading through all the information that was provided this date, he feels that he and his wife are the ones that will be the most adversely impacted by what is being proposed for said facility. He stated that they recognize the fact that the facility is a very integral part of the community, in the development of children who have challenges, and that he is very much aware of the necessity for such facilities, however, noted that the purpose for purchasing their house was based on a commitment they made to his wife's 86 year old mother not to put her in a nursing home, but to have her live with them. He stated that they picked their house, because of the serene surroundings. He stated that his mother-in-law has health problems and purchasing the house was the answer for them to be able to take care of her; however, he noted that his mother-in-law will be living on the side of the house that abuts the facility in question. He stated that he and his wife were not aware of the objectionable noises coming from the facility, until they read copies of letters from their neighbors. He stated that there is no buffer between his house and the facility in question. He stated that, had they been given documents regarding this case prior to purchasing their house, they would have purchased a house someplace else. He questioned the rationality of putting 14 children in a 2,000 square foot house, noting that it did not make sense to him. He stated that he was not sure a sound analysis was a valid issue, which he elaborated on. He questioned the difference between a CFD (Community Facility District) and a CUP (Conditional Use Permit). He asked the Board to postpone action regarding this case until a later date, to give him an opportunity to meet with his legal counsel, to see if there is something else involving the case that he is not aware of that may be relevant to the case.
Mr. John Heist, who lives across the street from the facility in question, addressed the Board stating that his neighborhood is a quiet one. He stated that six children in the facility has not presented a problem, however, noted that, when there are more than six children in it, it does present a problem. He addressed the issue of noise, noting that all the neighbors in the area have complained about the noise that comes from the facility. He addressed the issue of property values being affected by the rezoning, as well, noting that the individuals who sold their house to Mr. and Mrs. Lybrand sold it to them, because they were afraid this request would be approved.
Mr. Ron Murphy, a resident of the area in question, addressed the Board stating that he and his wife moved to Lake County from Orlando, because they were tired of all the noise and traffic in Orlando. He stated that they love Lake County and all the things it stands for, however, noted that some of those things are changing and it is tough to deal with. He addressed the issue of community housing versus multi-family housing, at which time he noted that he feels there are questions and concerns that the Board has to address about the LDRs, which state that, if a facility goes above six residents it becomes multi-family housing and has to be treated that way. He stated that the residents in the area do not see the facility as true community residential housing.
Mr. Jeffrey Mosier, a resident of the area in question, who lives on Lake Jem, an adjoining lake, addressed the Board stating that the current noise levels generated from the facility are next to nothing, however, noted that a few months ago he could almost identify the different children from the noises they were making. He stated that there is constant bickering and fighting between the children and he felt another noise assessment should be conducted on the facility.
Mr. Middleton readdressed the Board stating that he needed to clear up the square footage of the facility, noting that it was indicated that it was only 2,000 square feet. He stated that it is 2,600 square feet and the garage apartment is 1,500 square feet, for a total of 4,100 square feet. He stated that the facility complies with the regulations set forth by the State of Florida, the Department of Children and Families, and the Federal Government. He stated that he also wanted to clear up a statement that was made about the need for the District Administrator for the Department of Children and Families to determine a need for the siting. He stated that he could not yet do that, because the County does not have any zoning categories available for him to do so. He stated that a CFD (Community Facility District) is the only classification that he can use for the facility at this time. He submitted, for the record, the Community Noise Assessment report and the credentials (Applicant's Composite Exhibit E) of his expert witness, the gentleman that conducted the noise assessment, Professor Gary W. Siebein, from the College of Architecture, at the University of Florida. He read into the record an excerpt from Page 11 of said report, regarding Sound Levels from Multiple Sources. He stated that the most number of children that have ever been in the facility is eight, not fourteen, as stated earlier.
Dr. Jim McGimsey, Clinical Director, Carlton Palms Educational Center, addressed the Board stating that the program in question is a transitional one for the children, from their more intensive living arrangements into community arrangements. He stated that, if an individual moves into a community program and displays behavior that they did not anticipate, the individual is afforded the opportunity to move back into a more intensive program. He stated that they realize an individual moving into the community home may display behavior that is an issue in the neighborhood and they would be very sensitive to that and would transition that person back into their more intensive environment, for additional training and to rethink the possibility of that person living in the neighborhood. He stated that, whether it was one in six children, or one in fourteen children, they would be highly sensitive to the issues that the individual would present. He stated that the facility is licensed by the Department of Children and Families, which conducts an annual licensing, as well as frequent visits by support staff. He stated that the facility has to meet health and fire standards, as well. He stated that the facility undergoes a lot of scrutiny by the State and individuals nationally, as well, and they receive a lot of praise and notification for the very significant work they do. He stated that there are not enough programs and resources available for individuals with such challenging difficulties and that is part of the need being addressed.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson questioned how many residents the State would allow the facility to have, if the County did not have its regulations restricting the number of residents.
Ms. Valerie Fuchs, Assistant County Attorney, stated that Chapter 419.001 of the Florida Statutes states that, if the number of residents in the facility is under six, local ordinances have to treat it as a single family residence; however, the facility is allowed to have up to fourteen residents, at which time it will be classified as a multi-family residence. She noted that, under said chapter, the home can never have more than fourteen residents.
Commr. Cadwell stated that nobody has questioned the need for these types of facilities, even the people in opposition. He stated that such facilities have to be located somewhere and he feels that the one in question provides a beautiful location for developmentally challenged residents, therefore, was in favor of the request.
Commr. Pool concurred, however, stated that he would like to see some sort of mechanism in place, should the residents of the facility become a nuisance to the neighborhood. He questioned whether there could be a review, in approximately six months to a year, so that the neighborhood is not subjected to problems that may be ongoing.
It was noted that the Board could not do anything but approve the rezoning request and enforce the County's rules and regulations.
Mr. Middleton interjected that there are other mechanisms in place for the control that the County has on its books; therefore, he did not foresee a problem. He invited the neighbors to bring any complaints they might have to the attention of the administrators of the facility, rather than complain among themselves.
A motion was made by Commr. Stivender and seconded by Commr. Cadwell to approve Ordinance No. 2001-108 - Cox Holding Corporation of Lake County/Harlow C. Middleton, Rezoning Case No. PH22-01-3, Tracking No. 33-01-Z, a request for rezoning from A (Agriculture) to CFD (Community Facility District), for the northern most parcel of the property, to allow for a Community Residential Home, and from A (Agriculture) to R-2, for the southern most parcel, to allow for a single family residence.
Under discussion, it was noted that the County will be watching the facility, to ensure tranquility within the neighborhood.
Commr. Hanson questioned whether anything additional could be added to the landscaping and/or buffering to address concerns of the neighbors, with regard to the noise issue.
Ms. Farrell stated that staff did not see a need to require additional buffering, with regard to this case, because the Ordinance requires that a 10 foot wide buffer be provided along the perimeter of the property.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
RECESS AND REASSEMBLY
At 10:45 a.m., the Chairman announced that the Board would recess for 15 minutes.
PETITION NO. PH47-01-2 - A TO PUD - THE GINN DEVELOPMENT COMPANY
JIMMY CRAWFORD, ESQUIRE/PINE ISLAND
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone approximately 1,500 acres in the Montverde area, at CR 455 and Ridgewood Avenue, from A (Agriculture) to PUD (Planned Unit Development), for the construction and development of a 500 unit single family residential subdivision. She stated that there are currently some old CUPs and light industrial uses in the area. She stated that staff has worked with the developer for approximately two years, with regard to the development of the property in question. She stated that the County conducted a small area study, however, noted that the final draft has not yet been presented to the County by the consultant. She stated that staff spent a lot of time looking at the property, as well as the area. She stated that the request being presented this date has been scaled back considerably from what the request was one year ago. She stated that what is being requested is approval to build 500 single family units on the property, allowing for 399 acres of open space, with central water. She stated that the developer plans to develop the property according to the Lake Apopka Development Guidelines, although they have not been formally adopted by the Board, with some minor exceptions to the individual docks and lots. She stated that there will not be a golf course or commercial uses within the development and the density will be less than one dwelling unit per acre. She noted that there will be some shared costs, which will be added to the Ordinance.
Ms. Farrell stated that the Staff Report contains a chart, on Page 4, which tries to compare what the developer has now, what they are asking for, and what they are allowed to have, under the County's current Comprehensive Plan. She stated that, if the Board were to look at the request from the Comprehensive Plan aspect, the developer would be above the DRI threshold. She stated that staff was recommending approval of the request and noted that the Planning and Zoning Commission recommended approval, as well, with a 6-2 vote. She stated that some of the surrounding neighbors have some issues with the request, which will be addressed by the applicant. She stated that staff found the request to be consistent with the Comprehensive Plan, the Land Development Regulations, and with the development patterns of the area in question. She stated that the County will have to do a comprehensive plan amendment on some of the acreage that is in the Suburban land use category, however, noted that staff did not see it as an issue and would approve to move forward with the PUD. She stated that staff feels some good planning principles were incorporated into the project, as it was developed.
The Chairman opened the public hearing.
Commrs. Stivender, Hanson, Pool, and Hill noted, for the record, that they had met with the applicant and/or Mr. Jimmy Crawford, Attorney, representing the applicant, prior to this meeting.
Mr. Jimmy Crawford, Attorney, Gray, Harris, Robinson, Hovis, Boyette and Crawford, representing the applicant, addressed the Board stating that the property in question was brought before the Board approximately two years ago as a PUD application and, at that point in time, the development called for 799 dwelling units, a golf course, and some intended commercial property. He stated that the development also had central water and sewer available to it. He stated that the Board, at that time, voted to table the request and do a small area study for the Comprehensive Plan. He stated that the developer paid the County $100,000.00 to perform said study, which he noted has been conducted, although not yet formally accepted by the Board. He stated that the study indicated a master planned community on Pine Island would be acceptable, if it was low density and design guidelines were in place. He stated that the developer has design guidelines from the Friends of Lake Apopka, however, noted that they have not yet been codified by the County. He stated that the County is in the process of doing it. He stated that the development exceeds both the Friends of Lake Apopka's version, as well as the County's version, which states that no multi-family dwelling units or golf course is to be allowed in the Master Plan for Pine Island. He stated that this was a concern of a lot of the surrounding neighbors, even though the developer was going to irrigate the golf course through reused water, or out of the existing spring fed lake on the property - not out of Lake Apopka. He stated that, given the concerns of the neighbors, the developer removed the golf course from the development. He stated that The Genesis Group advised the developer that, since there were development rights in place on Pine Island, there were only two options - a white knight to purchase the property, or the developer would have to come up with a mixture of development, so that the landowner could recoup some money and the community would have the character it wants. He stated that their solution was to allow the development of a master planned community, with a buffer around the lake and a large park by the hill.
Mr. Crawford stated that, during the interim, it was hoped that the State would purchase the property for a preserve or park, using Western Beltway mitigation money. He stated that the County asked the State for $7 million to purchase Pine Island, however, they refused. He stated that the developer held off, waiting for a decision regarding it, however, noted that there was no money for the public to purchase Pine Island. He stated that the developer tried to develop the most environmentally friendly, neighborhood friendly, development he could. He stated that he lowered the density to 500 units, which he was told was as low as he could go, for the size of property involved, and still be able to connect to central water and sewer, which was very important to him, given the sensitive nature of the lake restoration process. He stated that the developer created a planned community, with a lake buffer, and upland open space, at which time he displayed and reviewed the Concept Plan for the Pine Island PUD (Applicant's Exhibit A), which he submitted, for the record. He stated that the development consists of a density of one unit per three acres, overall. He stated that the developer would be allowed one unit per five acres, as it exists; however, he would not be able to put in central water and sewer, or have the amenities. He stated that the Friends of Lake Apopka have a Trails and Greenways Task Force that has asked the developer to cooperate with them, in getting a trails system all the way around the lake and through the property, which he has committed to do. He stated that they do not have a design guideline for it yet; however, the developer is committed to work with them and would be happy to make it a legal commitment.
Mr. Crawford addressed three things that he felt would be mentioned by the opposition, one being a letter that states that the Lake County Comprehensive Plan prohibits the Board from allowing the development to go forward, from a legal perspective, which he disagrees with, noting that the PUD is consistent with the County's current Comprehensive Plan. He stated that the developer has applied for a Land Use Plan Amendment, however, noted that there are several ways to develop the property without doing a comprehensive plan amendment, which he elaborated on. He stated that another issue that concerns the surrounding property owners is the fact that they feel the open space is going to disappear, however, noted that the Ordinance states the open space is dedicated open space and will contain no golf course or houses. He stated that the homeowners will own it, because they have to own it, but they will not be able to develop it. He stated that it will have to come back before the Board for any type of change. He stated that the last issue is cooperation with the community, noting that the people he spoke to about the development indicated they would like to see a park built on the site; however, he noted that what is currently planned for the site is about as good as they are going to get. He stated that what is before the Board this date is not the final plan, noting that the developer will be coming back before them with a preliminary PUD; however, before he does that, he wants to meet with all the surrounding property owners, the environmental community, the Friends of Lake Apopka, the Rails-to-Trails Committee, and the County, to help lay out the preliminary plan. He noted that the Board had been provided with a traffic study, contained in their backup material, for their perusal.
Mr. Steve Glover, a resident of Montverde, addressed the Board stating that he works as an agricultural consultant throughout the southeastern United States. He stated that he deals with soils and understands hydrology quite well, at which time he noted that the Board had before them a situation where a central sewage system is being proposed, which he noted is very well and good, if it is put in the right place. He stated that there is an impervious layer below the area where the central sewage system is being proposed, which is going to dictate that the water will flow into the spring fed pond on the property in question, as well as into Lake Apopka, which he noted is struggling on its own. He stated that just south of the property is the only pristine spot in the area, which is Gordonette Springs. He questioned whether the County was going to negatively impact it, as well. He asked the Board to ensure that the open space will forever remain a greenway, should the request be approved, and that they look at the total impact that the development will have on the area. He stated that he was not opposed to the development, noting that he knows development is inevitable and he feels the developer is proposing a nice development; however, he would like the Board to guarantee that the developer will not negatively impact everyone else in the area. He asked the Board to investigate the request from all angles, not just a narrow scope.
Mr. Ron Kurtz, a resident of Montverde, addressed the Board, in opposition to this request, stating that staff indicated this date that they did not have the final draft of the Montverde Small Area Study, however, noted that Mr. Crawford, Attorney, representing the applicant, displayed a copy of the final draft, which was used at the Planning and Zoning Commission Meeting. He stated that they indicated they addressed all the things the residents in the area wanted and that is how they were developing the property, however, noted that the Board voted not to adopt the plan, because they knew it was not what the residents wanted. He stated that the residents left the Board Meeting that was held in September of 2000 with a promise that staff would work with them, to develop a plan that everyone could agree upon, however, noted that, over the last eight months, the residents called the County inquiring as to when they could meet to discuss the matter and were told that the County was waiting for the consultants, The Genesis Group, to send them a final draft of the study, yet they were approached by Mr. Crawford at the last Planning and Zoning Commission Meeting, who gave them a copy of the final draft of the study and indicated they might want to read it, and Mr. Jeff Richardson, Chief Planner, Planning and Development Services, Growth Management, addressed the Board stating that he has been working with the developer in developing the plan. He referred to a Press Release (Opposition's Exhibit A) regarding the Montverde Small Area Study, dated April 19, 2000, which states, "The Lake County Board of County Commissioners asks the citizens of Montverde for their help in creating a new community plan. Property owner opinions are critical in creating a strategy that will address land use, transportation, natural resources, urban design and development rights issues critical to the quality of life in Montverde and Lake County." He stated that the residents participated in the study, however, found that they were being railroaded, so they dropped out and came to the Board Meeting, when it was time for the final adoption. He stated that it was not adopted, so the residents thought they had more time to deal with it. He stated that they were told by staff that nothing was being done, with regard to it, however, noted that they now have a plan and are trying to stick it to the residents again. He stated that the surrounding property owners tried to participate and are still trying to participate, but somebody has to tell them the truth.
Mr. Kurtz submitted, for the record, the following documents, which he reviewed with the Board: Map I-1, the Future Land Use Plan Map for Lake County for 2005, with the adopted 2005 Traffic Circulation Network (Opposition's Exhibit B); a hand-drawn map (Opposition's Exhibit C) showing CR 455 as Level of Service D; a five page handout (Opposition's Exhibit D) from North Carolina State University, titled Septage Management Based on the Federal EPA 503 Regulations and the State Solid Waste Management Requirements, which he noted are some guidelines that developers have to go by, with regard to the management of septage and sludge produced from municipal and domestic sources and its application to land, at which time he read excerpts from said handout into the record; an excerpt (Opposition's Exhibit E) from the Board Minutes of September 26, 2000, regarding Rezoning Petition No. CUP00/9/4-2, J & J Groves, Inc./Blaine Haskin, where the applicant was requesting approval to screen, process, and use Class B lime stabilized domestic septage for land application on approximately 135 acres in the Okahumpka area and was denied approval of the request; a Cost Analysis (Opposition's Exhibit F), indicating what the Pine Island development is going to cost the County, as far as building a school for the children in the area of the development to attend, and to four-lane CR 455 from the Turnpike to Hwy. 50, noting that the County will have a net loss, overall, of $14 million, which the taxpayers will have to pay; and nine (9) pictures (Opposition's Exhibit G) showing the Trails of Montverde community; roads in the area containing sand that has washed onto them, because it was not retained on the property as it should have been; a retention pond; and various homes in the Montverde area.
Ms. Donna Levy, a realtor in Montverde, addressed the Board stating that she moved to Montverde five years ago and purchased five acres off of CR 455, because of the rural character and zoning in the area. She stated that, as a realtor, she promoted the rural character of the area to her clients, but, now the developer wants to put 500 additional homes on the road at rush hour and on the weekends, when bicyclists are out in full force, which is going to create a traffic nightmare. She stated that, as a realtor, she is not opposed to development, but is very much opposed to uncontrolled growth - growth that totally changes the nature of a community and most of all growth that comes without needed roads, schools, etc. She stated that, in her 20 years as a realtor in Florida, she has seen property values decrease when there is development without adequate infrastructure, which is what she feels will happen in Montverde, if this project is approved.
RECESS AND REASSEMBLY
At 12:05 p.m., the Chairman announced that the Board would recess for lunch and would reconvene at 1:00 p.m.
PETITION NO. PH47-01-2 - A TO PUD - THE GINN DEVELOPMENT COMPANY
JIMMY CRAWFORD, ESQUIRE/PINE ISLAND (CONT'D.)
Mr. Don Duncan, a property owner on Pine Lake, addressed the Board, in opposition to this request. He displayed a Concept Plan (Opposition's Exhibit H) for the Pine Island PUD, on which he indicated the parcel of property that he owns. He stated that he feels the Ginn Development Company will do a good job with the proposed development, however, noted that he does not feel 500 homes is the best use for the land. He stated that he was concerned about the fact that the developer had set aside one-quarter acre lots all around the lake and that, if there will be a boat dock for every other house, there will be a total of 180 boat docks, which is too many for a 300 acre lake. He stated that he felt it would be more appropriate to have a community boat dock. He stated that he was also concerned about runoff from all the lots around the lake and that he feels no fill should be allowed in the area. He stated that the County has an opportunity to preserve what is a beautiful spring-fed lake and that he felt, if the County would work with the developer, they might be able to make the development something that would be good for all the residents in the area.
Ms. Ann Wettstein Griffin, a member of the Board of Directors of the Save Our Lakes Committee, Inc., addressed the Board, in opposition to this request, on behalf of the Committee, as well as herself, as a property owner on Lake Griffin, stating that the Committee finds the request before the Board to be in violation of Subsections E and F, of Section 14.03.05 of the Standards for Review, Lake County Land Development Regulations, because it exceeds the water supply and is harmful to the natural environment. She stated that the Committee has three concerns, being (1) the quantity and quality of Gourd Neck Springs (also known as Apopka Spring); (2) the County's water supply; and (3) the water level of Lake Apopka, as well as the entire chain of lakes. She stated that a study was conducted, at which time she submitted, for the record, a copy of a letter (Opposition's Exhibit I) that she had written to Mr. Jeff Richardson, Chief Planner, Department of Growth Management, dated July 17, 2001, on behalf of the Save Our Lakes Committee, Inc., which addressed the fact that all the springs that feed the chain of lakes would be decreased by up to 70% and that Apopka Spring would be decreased by 40%, if the proposed development is allowed to go forward. She stated that the St. Johns River Water Management District had a water supply plan that depended on using a great deal of surface water - millions of gallons of water from the St. Johns River, Lake Griffin, and the entire Oklawaha Chain of Lakes, however, noted that they have run into a very serious problem with toxic algae. She stated that the water treatment process does not get the algae out, which poses a potential environmental risk. She referred to Florida Statute 373.0395, which states that the Legislature intended for growth to be based upon the availability of water. She displayed and submitted, for the record, a picture (Opposition's Exhibit J) of Lake Griffin that was taken from her dock, showing microcystis toxic algae in the water, which she noted escapes the water treatment process and is in all the lakes that she referred to earlier. She displayed and submitted, for the record, a handout (Opposition's Exhibit K), containing various newspaper articles, charts, maps, etc., pertaining to the reduction and contamination of the County's lakes. She stated that the proposed development will only make matters worse.
Mr. Egor Emery, a resident of east Lake County, addressed the Board, in opposition to this request, stating that the Planning and Zoning Commission Meetings are not a conducive environment for questioning projects that are coming into the County. He stated that a lot of residents do not bother going to them anymore, because they feel that the Planning and Zoning Commission does not look at the projects with a critical eye, and the residents feel they do not get a complete hearing of all the facts, or any action on those facts, as they see them. He suggested that the Board of County Commissioners look into the matter. He suggested that the Board say "No" to the proposed project, noting that the Comprehensive Plan has several areas that give them the opportunity to do so, at which time he referred to various policies and sections of the Comprehensive Plan, which he read into the record. He stated that he felt the Board needed to look at the EAR (Evaluation and Analysis Report) and would encourage them to take those recommendations, put them on the Agenda, and pass them, so that the plan could be strengthened in situations like the one in question, where there may be some gray areas.
Mr. Emery addressed the issue of public/private partnerships in the provision of regional wastewater services, where such partnerships will result in the timely provision of services in a manner that is both cost efficient and environmentally sound and is consistent with the Lake County Comprehensive Plan; the County's wastewater master plan and codes; the fact that he does not support development patterns of one dwelling unit per five acres all over the County; the issue of maximizing the use of existing facilities and coordinating those services; the provision of wastewater services to all areas of Lake County; directing growth to existing and potential water and sewer service areas; and open space definitions and standards, which he elaborated on. He stated that he would like to think that the project in question is so much better than what it used to be, because the Board has made it clear time and again that quality developments are going to get better scrutiny and are more likely to be approved than the old style of developments. He stated that he would like for the Board to continue with the hard decisions they have made, such as the one involving Harbor Hills, where they made a tough decision for the benefit of the citizens of Lake County. He stated that this project might be great and one that everybody will want to see, when Montverde is a city and the roads in the area are all developed, but, at this time, the Comprehensive Plan gives the residents pause and reasons to say "not today".
Ms. Diana Combs, a Native American Indian representing the Chakta nation, addressed the Board stating that she was a realtor and a resident of Montverde. She stated that she was present this date, in opposition to the request, along with representatives of the Friends of Montverde and the surrounding rural communities. She read a statement into the record regarding the proposed development, Pine Island, stating that she was aware that the Board and staff had spent a considerable amount of time studying the plans for the development and that she and those that she was representing were putting their trust in the Board to make an educated decision, by studying the plans and using their power to approve or reject the development. She stated that she was on the Montverde Scenic Highway Project Committee for CR 455 and was aware that over $200,000.00 has been spent on studies of the proposed development, as well as Hillcrest, a development across the road from Pine Island. She displayed a map (Opposition's Exhibit L) that she had received from the State of Florida, indicating Native American Indian burial sites that were discovered in the Montverde area, in 1925 and 1985, when surveys were conducted in the area, which she reviewed and submitted, for the record. She stated that the burial sites, indicated by the letters "LA" on the map, are being dug up and developments are being approved to be constructed on them, which she finds appalling. She noted that six burial sites were discovered on the property in question.
Commr. Hanson stated that the Board was not aware of that fact and suggested that the Public Works Department investigate the matter.
Ms. Combs stated that some of the burial sites that have been disturbed were Native American Indians from the Timiqua tribe. She stated that she will continue to work with her native brothers and sisters to change the assaults upon their sacred lands, which she noted are all over Montverde and Clermont. She stated that Native American Indians do not believe in using headstones to mark their loved ones' remains, as white people do, however, noted that now the burial sites have been recorded and surveyed, so the County knows where they are located. She stated that the State and Federal Governments know where the sites are located, as well. She stated that there is a Federal law, which was passed in January of 2001, prohibiting what the Board is allowing to take place. She referred to a handout (Opposition's Exhibit M), referencing County Policies 1-2.8 - Historically Significant Sites; 1-2.9 - Preventing Detrimental Impacts of Development on Historic Sites; and 1-2.10 - Preventing Destruction of Discovered Archaeological Sites, which she submitted, for the record. She stated that there was no excuse for anyone not to know about the burial sites.
Mr. Bobby C. Billy, a spiritual leader representing the Seminole Indian nation, addressed the Board, in opposition to this request. He discussed how Native American Indians respect the land and treat their fellow Native American Indians, as well as those people outside the Indian nation. He stated that Native American Indians cannot just sit back and let things happen, with regard to their burial grounds. He stated that the Board was going to have to work with them to protect the land - that way everyone can work together and protect each other. He stated that, if they do not do it, the County is going to have a problem with them, regarding their burial sites. He asked the Board to not let it happen.
Mr. Shawn Mulford, representing the Navajo Indian nation, addressed the Board, in opposition to this request, stating that he felt the Board's vision had been clouded. He stated that everyone has to support each other and the natural system - the water, the trees, and the plants. He stated that he was present this date in support of Bobby C. Billy and those people that are willing to care for the natural things.
Mr. Leon Secretary, an elder with the Navajo Indian nation, addressed the Board, in opposition to this request, stating that he was present this date to share with the Board some traditional thoughts and a way of being. He stated that Native American Indians are always looking for a sense of identity and a sense of belonging. He stated that, when one has a sense of belonging, they begin to look at the whole picture, which they call a sense of peace. He stated that they would like to have peace and harmony and to balance all the things that live on Mother Earth, noting that Mother Earth replenishes itself every six to seven years. He stated that they are very concerned about the environment and what is happening to it, noting that it has been prophesied that a time will come when one will have to buy water and oxygen and then a time will come when humans will be like an ant, with its bones on the outside and its meat on the inside. He stated that it is humans own doing that will trigger it. He stated that, eventually, humans will have to go back under the ground. He stated that some of these things are coming about. He stated that, if humans do not take care of Mother Earth and those that cannot speak for themselves, the earth will be destroyed. He stated that, within the next 20 to 25 years, people have to turn this around and change it and reset those things that make people what they are, not who they will be. He stated that he wants his generation 500 years from now to reset another 500 years of peaceful coexistence, in balance and in harmony with the earth.
RECESS AND REASSEMBLY
At 3:00 p.m., the Chairman announced that the Board would recess for 15 minutes.
PETITION NO. PH47-01-2 - A TO PUD - THE GINN DEVELOPMENT COMPANY
JIMMY CRAWFORD, ESQUIRE/PINE ISLAND (CONT'D.)
Mr. Jimmy Crawford, Attorney, representing the applicant, readdressed the Board stating that he was discussing the map that Ms. Combs submitted, for the record, indicating the Native American Indian burial sites, with staff. He stated that staff called the State and discovered that said map is very hard to obtain. He stated that the State does not publish the map, because it does not want the sites disturbed, however, noted that he plans to obtain the map. He stated that a detailed archaeological study is required on the property in question, before the preliminary PUD will be approved; therefore, the applicant guarantees the sites will be identified and will not be disturbed, but protected. He stated that the project in question calls for over 400 acres of open space, so the developer has room to play with. He guaranteed that no Native American Indian burial sites, or archaeological sites, will be disturbed.
Commr. Hanson stated that she feels the County needs to identify such sites in any developments that are proposed and enforce the County's Comprehensive Plan. She stated that efforts are being made to identify grave sites throughout the County, whether they are historic Native American Indian sites, or Civil War sites.
It was noted that, at the present time, it is only in dealing with DRIs that state laws require that said sites be identified.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that it would not be a hard change for the County to undertake, noting that the County is still trying to get Chapter 14 passed; therefore, they can add it as something that needs to be verified, as part of the sign-off process for preliminary plats.
Mr. Murphy Cameron, a resident of Lake County, addressed the Board and complained about the fact that Mr. Crawford, Attorney, representing the applicant, was allowed to drill Mr. Kurtz, a resident of the area in question who is opposed to the development, about his expertise. He stated that the Commissioners are employees of the people of the County and should be for the people, not for the developers. He complained about the time allotted to individuals who address the Board to present their case, noting that it is usually limited to three minutes, while the Board has held meetings with staff, has held workshops, and has had a chance to talk to the developers, prior to the meeting. He stated that said time belonged to the people of the County and, if their testimony went on from now to ever more, the Commissioners should sit patiently and hear it.
Commr. Hanson interjected that she had stated earlier there would be no time limit on the comments from those present, in opposition to the request, however, noted that she had asked that their comments be precise. She stated that everyone would have an opportunity to speak and for as long as they liked.
Ms. Shannon Larson, a resident of Volusia County, addressed the Board, in opposition to this request, stating that she was in total agreement with everyone that spoke in opposition to the proposed project, because of the things that were said, but particularly because of the water situation and the spring fed lake that is located on the proposed site. She stated that everyone in the State of Florida is aware of the fact that the State is running out of water. She pointed out the fact that four springs in the State were closed last year, because of water contamination. She questioned how many messages the Board needed to know that something is wrong and that the decisions they were making were causing problems - unsolvable problems. She also addressed the issue of the Native American Indian burial sites, noting that she felt the developer knew those sites were there. She stated that there was no excuse for disturbing them and that the proposed development needed to be deferred, until the issues that have been brought before the Board this date can be resolved, at which time she asked the Board to defer the case.
Mr. Robert Smith, President of the Voters' League for Development Control, addressed the Board, in opposition to this request, stating that the project should not be deferred, as the individual before him had requested, but denied. He stated that 28 violations of the County's Comprehensive Plan were found, with regard to the proposed development, and that he would be glad to send a copy of those violations to the Board. He reviewed a summary (Opposition's Exhibit N) that he had prepared, which he submitted, for the record, indicating that the development did not meet comprehensive plan policies and objectives in 28 instances; that there were no mitigating circumstances involved with the 28 instances, other than the issue of timeliness, which he elaborated on; and that the developer's claims were not valid, with regard to developable land, green space, recreation areas, density, and stormwater compliance. He addressed the Montverde Small Area Study Citizens' Recommendations (Opposition's Exhibit O), which he submitted, for the record, indicating that Pine Island should be preserved as a regional park. He displayed and submitted, for the record, an aerial map (Opposition's Exhibit P) of Pine Island and the surrounding area, within a two mile radius of the island, as well as an aerial map (Opposition's Exhibit Q) of the island itself, showing the topography of the land.
Mr. Smith stated that the only violation found by staff was that of an illegal use of timeliness, however, noted that they gave approval for the development to go in and promised to come back to the Board with a change in the Future Land Use Map, which he noted is inappropriate. He compared the proposed development with the developments of Harbor Hills and Sugarloaf and questioned why staff did not come up with the facts regarding this case the way they did with facts involving Harbor Hills and Sugarloaf. He referred to the EAR (Evaluation and Appraisal Report), noting that he had read it and found it to be very good, at which time he submitted, for the record, Page I-79 (Opposition's Exhibit R) of said report, that addresses Future Land Use Map 1-1 - Suburban Land Use Designation, which he read into the record. He discussed the relationship between the St. Johns River Water Management District (SJRWMD) and the County, at which time he read an excerpt from a letter (Opposition's Exhibit S) that he had written to Mr. Henry Dean, Executive Director, St. Johns River Water Management District, dated June 8, 2000, which he submitted, for the record, in which he states that Florida Statute 373.461, Lake Apopka Improvement and Management, directed the SJRWMD "shall adopt by rule discharge limitations for all permits issued by the District for discharges into Lake Apopka...". He stated that the District was also directed to establish a phosphorus criterion (limit) for discharge to the lake by 1997 or, failing to do so, the criterion shall be 55 parts per billion thereafter. He suggested that the Board listen to Bobby C. Billy, the Native American Indian, noting that everyone's grandchildren and great-grandchildren are the ones that will suffer by what we do today. He displayed and submitted, for the record, a picture (Opposition's Exhibit T) of Gourd Neck Springs, showing how low the springs have dropped. He stated that it is scary to look at the projections for 20 years from now.
Mr. Smith stated that Mr. Ginn had stated his permit request presents the limit for a viable development, by him, at which time he referred to a handout (Opposition's Exhibit U), which he submitted, for the record, in which he indicates what his bottom line is for an acceptable development on Pine Island, being one home per net 2 1/4 acres, deeded per lot, exclusive of Pine Lake, wetlands, common ground, and with a legally binding agreement to accept any new stormwater rules issued between now and June 30, 2003, within those conditions. He stated that, if Mr. Ginn was willing to become that kind of neighbor, they would welcome him and invite him to stop by the general store and chat a while.
Mr. Bob Resetar, Director, Save Our Lakes Committee, addressed the Board, in opposition to the request, stating that he was present as a concerned citizen and as the Director of the Save Our Lakes Committee. He stated that the Committee recognizes the fact that the Board has a responsibility to both business interests, as well as public interests, however, noted that the word on the street is that this is a done deal - that the Board can approve the request, so it will. He stated that there appears to be a disconnection between Lake County citizens and Lake County officials and that newspapers make innuendos that he does not believe are true. He stated that the Board stood tall, with regard to the Sugarloaf Mountain decision last September, and held strong earlier this year, with regard to Harbor Hills - both decisions favoring the people of Lake County. He stated that the Board met with the people in townhall meetings and expressed their deep commitment to the Comprehensive Plan and its principle purpose to protect the citizens of Lake County. He stated that he felt the disconnection between the citizens and the Planning and Zoning Commission is that their actions appear to be dominated by a belief that if they can approve it they will. He stated that the Board has proven that fact not to be true, by their actions. He stated that the Board, as the County's Commissioners, have to make difficult choices all the time and the choices they make have permanent consequences on Lake County and its citizens. He stated that the citizens of Lake County need the Board to make the right choice every time, without compromise and concessions, and protect them from the consequences of harmful choices, congestion, sprawl, destruction of the environment, depletion of natural resources, the overcrowding of the County's schools, and the loss of the very essence of what makes Lake County unique and special. He stated that the Board has the County's destiny in their hands and asked them to choose wisely.
Mr. Mark Venzke, a resident of Lake County, addressed the Board, stating that he was present representing a variety of conservation organizations based in Lake County and as the coordinator of children's triathlons for CFT Sommer Sports, although he was not speaking on behalf of CFT Sommer Sports, or Mr. Fred Sommers, the owner of said company. He thanked the Board for some of their recent actions involving the environment, noting that said actions were favorable for the County. He stated that he was opposed to any residential or commercial development on Pine Island. He referred to a survey (Opposition's Exhibit V) that was conducted by Smart Growth America, a national coalition of 60 growth management and environmental advocacy groups, which he reviewed and submitted, for the record. He discussed the fact that triathlons are held in south Lake County and the fact that, unless proper precautions are taken to limit growth in that area of the County, it could be so busy that triathlons can no longer take place there, which will eliminate a source of clean income. He stated that many people will hate to see that happen, noting that it is a significant enough source of income and activity in the County to make provision for, not only along the roadways, but along recreation conservation corridors, where the same bicycling and running legs of the races could take place. He encouraged the Board to look into what the Trust for Public Land has to say about the matter and set some areas aside for said purpose. He submitted, for the record, a handout (Opposition's Composite Exhibit W), consisting of various documents regarding sustainable development in Alachua County, a letter that he had written to the Board informing them that he had written a letter to Governor Jeb Bush asking him to veto the surface water injection bill, and a copy of his letter to Governor Bush.
Mr. Eric Sutch, a resident of Lake County, addressed the Board, in opposition to this request, stating that his main concern is that the Floridan Aquifer is currently 8 to10 feet below its normal level and that more development in the County means more water is going to be consumed and the Aquifer is not being replenished. He questioned how the County is going to replenish what it has already lost and still keep packing more and more people into a tighter and tighter area. He stated that his biggest concern is water supply and that he feels it should be the Board's biggest concern, as well. He stated that the Board needs to slow down on the development end and try to find a way to conserve water. He stated that there is a serious water shortage and nobody is addressing it. He asked the Board to consider said fact, before making their decision about this request.
Mr. Douglas Miller, Environmental Engineer, Miller Einhouse Rymer and Associates, Inc., addressed the Board and answered questions from Mr. Crawford about the request, with regard to wastewater disposal and treatment. He stated that he was a registered engineer and that his area of expertise was environmental engineering. He stated that his firm very seriously considered their design for the project, before they ever presented it to the County, and that they believe they have proposed an environmentally sound project, taking the best approach they could on all the various issues. He stated that they do not feel septic tanks would be appropriate for this project; therefore, they were never discussed or considered. He stated that he felt the most environmentally sound solution would be a very low rate spray field application, which he elaborated on. He stated that a concern was noted about the clay layer; therefore, they conducted soil tests throughout the site and found that there is a minimum distance from the surface to a clay layer of 7 feet and a maximum distance of 30 to 40 feet. He stated that he was given the authority by Mr. Ginn to go on record and make a commitment that they will, at the preliminary plat stage, provide design standards that they will have to meet at the layer of sand just below the root matrix of the grass, which will only be 6 to 12 inches, and that those design standards will have to be agreed to by staff. He stated that they will put monitoring wells in and, if those monitoring wells determine any nutrient is being discharged below that layer, they will go to total nutrient removal. He stated that the new no phosphorus requirements were discussed at length with the SJRWMD and the best approach they could come up with, offered in the PUD, is a requirement that the developer self-imposed, which is to meet the Outstanding Florida Water requirements for design, which is 100% retention, with no discharge, which he noted is going to cost the developer a lot of money.
It was noted that the upland property was planted in citrus, until the mid-1980s, which used 5 million gallons of water per day, versus approximately 500,000 gallons that it is estimated will be consumed by the residents in the development, or about 10% of the water that was historically used on the property.
Mr. Miller stated that the developer has offered an environmental buffer, which consists of 50 feet of uplands from the normal high of Lake Apopka, where they are going to build a reverse swale, which the developer is going to dedicate to the homeowner's association. He stated that they will be dedicated on the plat, which will require the homeowners to maintain them and will give them the ability to enforce them.
Mr. Crawford questioned Mr. Miller about impact fees and costs specifically related to schools, at which time he referred to a summary, the Pine Island Planned Development Projected Fiscal Impact and Revenue Generation Summary (Applicant's Exhibit B), which he submitted, for the record, noting that it states it is expected that the proposed development will have little or no negative fiscal impact on Lake County and that, in addition to that, the project will generate a significant amount of revenue for the County, specifically, $1.7 million in impact fees and $9,875,000.00 in sales tax revenue, of which $7.506 million will go to the Lake County School Board. He stated that ad valorem revenue will commence at $220,000.00 per year and increase each year until build out, yielding approximately $4 million per year thereafter, of which $2.120 million will go to the Lake County School Board.
Mr. Crawford addressed the issue of density, noting that staff decided the project was consistent with the Comprehensive Plan. He stated that, with regard to the issue of timeliness, based on the County's point system, the developer can build 2,336 dwelling units; however, he is only going to build 500 units. He stated that, with the plan before the Board this date, the developer can build 103 units in the Suburban area and 397 units in the Urban Expansion area, without meeting timeliness, or doing any land use plan amendments, so timeliness is irrelevant. He stated that the project does not meet timeliness, but the developer acknowledges that fact and is not going to attempt to meet it, because the plan works fine the way it is, without meeting it. He stated that, with regard to the issue of traffic, a traffic report was contained in the Board's backup material, for their perusal, which was prepared by Mr. Don Griffey. He stated that CR 455 is at Level of Service B, at the present time, however, noted that, in five years, it is expected to go to Level of Service C. He stated that the improvements at CR 455 and SR 50 are required in the PUD; therefore, the developer will participate in the cost of the traffic signal which will be installed at that intersection. He addressed the issue of urban sprawl, noting that it states in the EAR that suburban areas that are not adjacent to urban areas, or municipalities, should be taken to rural, when the EAR amendments are done. He stated that the area in question is adjacent to Montverde and is in close proximity to a mobile home park that is six units to the acre. He stated that the developer does not want five acre tracts, because they want to cluster and provide community open space.
Mr. Crawford stated that the reason Pine Island is a good development is because it consists of 500 units on 1,485 acres gross; it contains 399 acres of open space; it has central water and sewer; it complies with all the Lake Apopka guidelines; all commercial property has been eliminated; it has a lower density than what the adjacent municipality requires; the developer will share in the cost of signal improvements at CR 455 and SR 50; they scored 75 points on the urban residential point system, which grants the developer six units per acre; it is consistent with the Florida Outstanding Water Guidelines; the developer is going to cooperate with the promoters of triathlons in Lake County, to see if they can work together, in putting in a trail system; and the developer is committed to not disturbing the Native American Indian burial sites, even if it means losing dwelling units.
RECESS AND REASSEMBLY
At 5:10 p.m., the Chairman announced that the Board would recess for 10 minutes.
BIDS/CONTRACTS, LEASES AND AGREEMENTS/SOLID WASTE
Commr. Hill stated that she had asked that this request be pulled from the County Manager's Consent Agenda and discussed separately, because she had some concerns about it, however, noted that she had spoken with Mr. Sandy Minkoff, County Attorney/Interim County Manager, and was informed that the monies would not be coming from infrastructure sales tax, but from the Solid Waste fund.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Fiscal and Administrative Services - Procurement Services, for approval and authorization to award Bid No. 01-104, encumber funds, and execute a contract, subject to County Attorney approval, to the lowest responsive and responsible bidder, for road construction at the Pine Lakes Drop-Off Center for Solid Waste.
CONTRACTS, LEASES AND AGREEMENTS/GROWTH MANAGEMENT
Commr. Hill stated that she had asked that this request also be pulled from the County Manager's Consent Agenda and discussed separately, because she was concerned about whether the monies would be coming from Code Enforcement fines, however, noted that she was informed by Mr. Sandy Minkoff, County Attorney/Interim County Manager, that the funds would not be coming from said fines - that the applicant would be paying for them.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of a Special Master's Settlement Agreement for Robert and Linda Finnell (SM-9-01).
REPORTS
COMMISSIONER POOL - DISTRICT 2
MEETINGS/MUNICIPALITIES
Commr. Pool informed the Board that a District Meeting was held at the south Lake campus of Lake Sumter Community College, in Clermont, on Monday, July 23, 2001, and that they had a good turnout, with an update being given on transportation corridors. He thanked staff for their hard work in presenting said update.
REPORTS
COMMISSIONER STIVENDER - DISTRICT 3
MEETINGS/MUNICIPALITIES
Commr. Stivender informed the Board that a District Meeting was held at Treadway Elementary School, in Leesburg, on Thursday, July 19, 2001, with regard to the Gateway Christian School property being purchased for a branch library. She stated that the meeting went very well and thanked everyone for attending.
REPORTS
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 4
MUNICIPALITIES/SOLID WASTE
Commr. Hanson informed the Board that there would be a groundbreaking ceremony for the new sewage treatment plant in Astor, on Wednesday, July 25, 2001, at 10:00 a.m., and that she hoped they would all be able to attend.
PETITION NO. PH47-01-2 - A TO PUD - THE GINN DEVELOPMENT COMPANY
JIMMY CRAWFORD, ESQUIRE/PINE ISLAND (CONT'D.)
Mr. Bobby Ginn, the applicant and developer of the proposed project, addressed the Board stating that he has been involved with the project for approximately two years. He stated that his company is in the resort development business primarily and that they try to integrate what they have learned in the resort business into the development of subdivisions, adding extra amenities. He stated that he has a little history with Lake Apopka, noting that his grandfather used to take him fishing there as a child; therefore, his company is very sensitive about what they do with the development, because of their concern about Lake Apopka. He stated that they disregarded the original plan that was presented to them, because they did not feel it was something they would like to develop, due to the quality of the project, the fact that it did not have the type of appeal they were looking for, and it was not the type of development they felt should go in Lake County, which is a more rural type of area. He stated that, had he known what controversy there would be around the development, he probably would not have gotten involved with it. He stated that his company tried to reach a happy medium, with regard to the development, after a lot of discussions with county staff, as to what they wanted to see happen with the development, and from the information that was obtained from the small area study and the hearings that came out of it. He stated that they wanted the development to be one that the County would be proud to have.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson stated that the Montverde small area study generated from her idea several years ago, when she wanted to have a small area study done in Mt. Plymouth/Sorrento, to address some of the same issues that were addressed in the Montverde small area study. She stated that she felt a lot of good things have come out of it. She stated that, even though she feels five acre tracts can be very attractive, they also create additional problems, such as providing utilities and a sense of community. She stated that she felt having a large amount of five acre tracts in a rural area of the County would be something that the Board would look back on and question whether it was what they really intended. She stated that she felt a positive aspect of the development in question is the proposed trail system, noting that it will provide recreation for the entire county, as well as those people who participate in triathlons. She stated that she felt the ability to have central utilities is a plus and noted that, with regard to the issue of water conservation, in comparing the number of units that could go there, legally, with the County's Comprehensive Plan, as it is written today, with or without the EAR process having been incorporated, with or without timeliness, would be five times greater than the application being requested this date. She stated that she feels the County needs to encourage more conservation measures, at which time she challenged the developer to include in the proposed development water wise policies in their plumbing and to look at air quality issues and energy conservation measures in the homes, as an environmental community.
Commr. Hanson stated that she felt, having the development meet the Florida Outstanding Water requirements was another plus and that she felt it was the right thing to do, even though it will be costly to the developer. She stated that she felt it was unfortunate, or fortunate, that there are unmarked Native American Indian burial sites on the property, because it adds a different historic perspective to the County, giving the County the ability to recognize that it is part of the County's heritage and that the County needs to celebrate it and protect it. She stated that, in response to an earlier comment that was made that, if there is a way to approve a development the Board will do so, she finds just the opposite, noting that, if there is a way for her not to approve a development, she will do it. She stated that she feels it is much better to go with a 500 unit development today than having another developer come in five years from now with a1,000 unit development, because the Comprehensive Plan says he can have a 1,000 unit development. She stated that she feels the Board has to be careful that they do not turn away what could be a very good project today for what they may have less control over in the future. She addressed the issue of "taking" property, noting that there is a strong movement toward more compensation for the"taking" of property, as government takes away property rights. She stated that those are issues that the County has to deal with, which costs the County and the taxpayers money any time they arise.
Commr. Stivender questioned whether it was Ms. Farrell's opinion that the proposed development meets the County's Comprehensive Plan, the way it is currently written.
Ms. Farrell stated that staff's analysis found that the development does meet the Comprehensive Plan, which she noted was approved in 1991, with amendments through 1994.
Commr. Stivender stated that she felt the proposed development was the best thing that could be put on the property in question, considering the things that the developer was giving up that he could have done, according to the Comprehensive Plan. She stated, however, that she wanted to make sure the Native American Indian burial sites were going to be protected. She was informed that they would be.
Commr. Cadwell stated that he had a variety of concerns about the proposed development, however, noted that some of those concerns were addressed this date. He stated that he was aware of the fact that this development was being compared to the Harbor Hills case, however, noted that he saw the two developments as being very different, which he elaborated on. He stated that there have been recent efforts to get CR 455 named "The Scenic Highway" and he felt that approval of 500 additional homes on said road would be contrary to those efforts. He stated that the County is very close to having the framework ready for the joint planning area with the City of Montverde, which he believes will be the best tool for the County to have, for orderly growth, and he was sure that Montverde would want to participate in that process. He stated that it will be up to the individual cities to do it. He stated that he felt approval of the proposed development would set a pattern for the City of Montverde that might change where they want to go, with regard to the joint planning area. He stated that, with the critical condition of the County's water supply, he felt it was going to be tough for the Board to approve anything, until something changes with the water situation. He stated that he has never seen the County's water situation the way that it is at the present time and he is concerned that it may not come back to where it was. He stated that, for those reasons, he would not support the request.
Commr. Pool thanked the Native American Indians who spoke this date for bringing the issue of their ancestor's burial sites to the Board's attention, noting that it was an experience for him to hear their comments, which he felt came from their hearts. He stated, however, that he felt the proposed development was as good as he had ever seen, noting that the developer tried to address each and every issue of concern and had gone above and beyond what he is required to do. He stated that he did not know how the development was going to be profitable for the developer. He stated that his concern was that the development is done right. He applauded the developer for his diligence and determination, noting that he was bringing a better project forward. He stated that, for that reason, he would support the request.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried, by a 4-1 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2001-109 - The Ginn Development Company/Jimmy Crawford, Gray Harris and Robinson, PA, Rezoning Case No. PH47-01-2, Tracking No.104-01-PUD, a request for rezoning from A (Agriculture) to PUD (Planned Unit Development), for the construction and development of a 500 unit single family residential subdivision, as amended, protecting the Native American Indian burial sites that are located on the property.
Commr. Cadwell voted "No".
PETITION NO. CUP01/7/3-5 - CUP IN A - GLORIA AUSTIN, CONTINENTAL ACRES EQUINE RESORT/BONNIE ROOF (CONT'D.)
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that Ms. Bonnie Roof, the representative for Continental Acres Equine Resort, was not present when this case came up for discussion earlier in the meeting and had a request to make regarding the Ordinance that was adopted, pertaining to the request.
It was noted that no one was present in opposition to the request, when it was originally addressed.
Ms. Farrell stated that the applicant was requesting approval to have five (5) RV sites located on the property in question, for temporary use, to be utilized during festivals and special events that are held at the site.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to readdress the request.
Ms. Farrell informed the Board that the request only requires staff to add an additional land use in the Ordinance, noting that they did not have any issues with the request. She stated that they would come up with some language that the use is temporary and will put a cap on the number of days that the RVs will be allowed to be on the site.
The Chairman reopened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to add the additional language presented by staff to the Ordinance, granting approval for five (5) RV sites, for temporary use, to be utilized for festivals and special events that are held at the site, not to exceed a five (5) day period.
PETITION NO. MSP01/7/1-2 - AMENDMENT TO MSP NO. 119C-3 - TARMAC AMERICA, INC./ALBERT TOWNSEND, AGENT/CENTER LAKE PROPERTIES, INC./RICHARD GONZALEZ
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request for a mining site plan in the Rural land use category from Tarmac America, Inc., to add an additional 240 acres to an exiting sand mine, for an expansion. She stated that they currently have over 1,200 acres on a site that has been in place since the 1960s. She stated that staff was recommending approval of the request, noting that they put any requests for sand mines, or anything related to water resource management, through a lot of hoops, before they get to the public hearing process; therefore, by the time they reach this stage of the game, they are very satisfied, or are not very satisfied. She stated that the Staff Report reflects that staff is very satisfied with this request.
The Chairman opened the public hearing.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, addressed the Board stating that she was representing Tarmac America, Inc., the entity that is leasing the land in question from Center Lake Properties, Inc., the owner of the property, being represented this date by Mr. Richard Gonzalez, an officer with said company.
Commrs. Stivender, Pool, Hanson, and Hill disclosed, for the record, that they had met with Ms. Bonifay, as well as Mr. Townsend, the agent, prior to this meeting.
Ms. Bonifay informed the Board that they had before them staff's recommendation, which she felt they would find to be very thorough, in terms of their analysis and in going through the County's site plan ordinance and answering those questions that are on staff's list that involve a number of meetings with staff, in terms of additional questions, or comments, that they might have. She stated that the Planning and Zoning Commission approved the request by a unanimous vote, as well, with one additional condition, being that the dredge continue to be electrically operated and that it be an ongoing requirement.
Mr. Albert Townsend, Director of Real Estate and Environmental Affairs, Tarmac America, Inc., addressed the Board and gave a brief overview of the project and his involvement with said project, at which time he submitted, for the record, the following exhibits, which he displayed and reviewed with the Board: a handout (Applicant's Composite Exhibit A) containing various maps, documents, letters, etc.; a photograph (Applicant's Exhibit B) of the property in question; a photograph (Applicant's Exhibit C) of Hartwood Marsh Road; and a photograph (Applicant's Exhibit D) of a sign located on the property in question, indicating that the parcel was the future expansion site for Center Sand Mine. He stated that a CUP was approved for the original mine in 1993, which expanded it to 1,200 acres. He stated that there is 600 feet of property on the east side of Hartwood Marsh Road, which was approved in the initial application. He stated that the request before the Board this date was their final expansion of the mine, noting that the subject property is contiguous to the existing mine. He stated that they received a positive staff report and unanimous support from the Planning and Zoning Commission. He stated that they were in the final stages of finalizing an agreement with Conserve II water, as the project's primary water source for the facility, which he noted will significantly reduce withdrawal of water from the Floridan aquifer. He stated that the expansion will give them another 8 to 10 years of life on the property and noted that one of the benefits to the County is that it will not be required to supply additional infrastructure support to the area. He stated that they have agreed to work with the Public Works Department and realign Hartwood Marsh Road, making it more serviceable and less dangerous. He stated that, in 1998, Tarmac America received a tie vote from the Board on a request that was before them and have worked hard since then to address concerns that were brought to the Board's attention at that time, such as the issue of sand blowing across the roadway from the property; backup alarms on their equipment; trucks entering and exiting the property; safety of the community's children at the school bus stops; and wells in the area running dry.
Mr. Townsend stated that, in February of 2001, his company mailed letters to the surrounding property owners, notifying them of their intent to seek approval to expand the mine and of their continued operations. He stated that they listed the positive actions their company had taken, in response to the last Board of County Commissioner's Meeting that was held regarding this case, and invited them to contact the company, if they had any questions or concerns, or wanted to tour the operation. He stated that, subsequent to that, on March 27, 2001, they mailed letters to over 300 residents living within the general vicinity of the sand mine, inviting them to a community meeting and to take a tour of the facility, to which they attached a list of frequently asked questions, in order to address any misinformation about the sand mine that was being spread by members of the community. He stated that they only received a response from eight people.
At this time, Mr. Townsend addressed some misinformation that he stated was presented in letters that were sent to the Board, such as complaints about noise generated from the mine's electronic dredge and the urban glow of the dredge, at which time he submitted, for the record, a photograph (Applicant's Exhibit E) that was taken at approximately 9:30 p.m., showing the glow that was referred to by some of the surrounding residents; a photograph (Applicant's Exhibit F) that was taken of a home in the area of the mine, in the evening, showing an industrial facility located in the City of Clermont in the background, which has mistakenly been taken to be Tarmac; a photograph (Applicant's Exhibit G) of the dredge, in a pond that is 30 to 40 feet below ground level, which he noted will be moved to the subject property; a photograph (Applicant's Exhibit H) of the plant's scale house and office, which he noted will stay in the existing location, where they have been since 1969, along with various piles of sand coming off the conveyor belts; a photograph (Applicant's Exhibit I) showing the dredge operation at night, with the lights on; an aerial photo (Applicant's Exhibit J) of the property in question that was taken in 1981; a photograph (Applicant's Exhibit K) showing water being discharged from the plant to the back of the lake, which then begins the process of sculpturing, sloping, and contouring the property into a form which meets regulatory requirements and, ultimately, provides a useable piece of property; a photograph (Applicant's Exhibit L) showing how the lake continues to be filled in with white sand; a photograph (Applicant's Exhibit M) showing how, as the sand is compacted, the property starts to regenerate itself and grass starts growing back on the property; a photograph (Applicant's Exhibit N) of Hartwood Marsh Road and the berm between the road and the mine; a photograph (Applicant's Exhibit O) showing pine trees growing on the mine's reclaimed property; a photograph (Applicant's Exhibit P) showing the dredge and how it is hidden from site, due to it being 30 to 40 feet below ground level; an artist's concept (Applicant's Exhibit Q) of the existing sand mine, showing the dredge 30 to 40 feet down in the lake, out of sight; a photograph (Applicant's Exhibit R) that was taken in 1997of a transmission tower that is located on the outskirts of Avalon Estates subdivision, showing virtually no development; a photograph (Applicant's Exhibit S) of the same transmission tower taken today, showing homes in the Avalon Estates subdivision, at which time he noted that he was informed by some of the local realtors that they had no problem selling homes in Avalon Estates, even with the tower being in close proximity to it; and a photograph (Applicant's Exhibit T) of a house pad in the Avalon Estates subdivision today, showing the mine's tree buffer and sign indicating that the mine would be expanded, immediately behind where the house is to be constructed. He stated that the request is for a temporary land use, in an agricultural area. He stated that the applicant is requesting adoption of the Staff Report, which supports an amendment to the existing mining site plan, with the condition that the electronic dredge continue to be used.
Ms. Bonifay, Attorney, representing the applicant, readdressed the Board and submitted, for the record, a letter (Applicant's Exhibit U) from Mr. Robert L. Lyles, Jr., with Lakes Real Estate, Inc., the broker for the Avalon Estates subdivision project during the last three to four years, indicating that, in his professional opinion, the sand mine did not hinder the sale of any homes in Avalon Estates - in fact, property values have gone up in the past two years.
Mr. Alan Oyler, Bureau Chief of Wastewater, Engineering, and Support, City of Orlando, addressed the Board, as requested by Ms. Bonifay, and answered concerns they had as to whether there would be situations where the City would not be able to provide needed water to the mine. He stated that there would be two or three such situations. He stated that, if the City were to have a problem at one of the treatment plants, due to the fact that it is a joint facility with Orange County and the City of Orlando, there are specific requirements that would have to be met before the water could be released for public use, which he elaborated on. He stated that a second situation that might cause a problem with providing water to the mine is the fact that the City primarily provides water to its agricultural customers first, however, noted that Tarmac has been made aware of that fact. He stated that the third situation would be if the City expands its customer base, noting that they have talked with the City of Clermont and some of the private utilities in the area and plan to extend services to those areas and help them meet their needs, as well, so, if the County goes into an extended drought period and there is not enough reclaimed water to meet irrigation demands, agricultural demands, and Tarmac's demands, the City would ask Tarmac, on an occasional basis, to supplement their water with their own well. He stated that those three situations would be the only ones that he could think of, where Tarmac would need to provide its own water.
Mr. Jimmy Crawford, Attorney, Gray Harris Robinson Hovis Boyette and Crawford, addressed the Board stating that he was representing a number of residents in the area of the proposed mine expansion, in opposition to this request. He stated that they believe the mine is inconsistent with the neighborhood, due to the fact that it is a rapidly growing area, on a major transportation corridor, and it generates 200 trucks per day. He stated that the mine will be ongoing 8 to 10 years from now, in an Urban area, which they feel is completely inappropriate and contrary to the County's Comprehensive Plan.
Mr. Andrew VanGaale, Planning Director, Land Design Innovations, addressed the Board, as requested by Mr. Crawford, at which time a handout (Opposition's Composite Exhibit A) was submitted, for the record, containing background information regarding his expertise in this matter, as well as copies of his degrees. Mr. VanGaale was questioned as to whether he had looked over the County's Comprehensive Plan and Land Development Regulations, with regard to this request. He stated that he had and had put together a list of policies (Opposition's Exhibit B) that he feels contradicts the application, which he reviewed and submitted, for the record. He stated that he believed the current policies in the Comprehensive Plan on protecting rural lifestyles and rural neighborhoods have not been met by the mining site plan application.
Mr. Crawford submitted, for the record, a handout (Opposition's Composite Exhibit C), containing various documents, including a report from the Department of Community Affairs, listing Objectives, Recommendations, and Comments, dated May 14, 1991, with regard to the County's Comprehensive Plan; a Table of Contents, Exhibit B, Remedial Actions Necessary to Bring the Lake County Comprehensive Plan into Compliance with the Requirements of Chapter 163, Part II, Florida Statutes, and 9J-5, Florida Administrative Code, dated January 13, 1993; and Docket No. 91-NOI-3501-(N), from the State of Florida, Department of Community Affairs,. in Reference to: Lake County Comprehensive Plan adopted by Ordinance No. 1991-12, on July 9, 1991, where the Department of Community Affairs issued a Statement of Intent to Find the Comprehensive Plan not in Compliance. He referred to an excerpt (Opposition's Exhibit D) of the Minutes of the Board of County Commissioner's Meeting, dated February 24, 1998, which states that, because Mr. Robert Lyles, an individual representing homesites in the area of the proposed sand mine, had to disclose the fact that a sand mine was being proposed for the area, he had to reduce the price of the homes from $59,000.00 to $42,500.00, because people lost interest in them.
Mr. Crawford stated that, with regard to the high recharge issue, some borings were done and a confining layer was found, at which time he submitted, for the record, a letter (Opposition's Exhibit E) from Mr. Mark Stephens, Senior Principal Consultant, Atlanta Testing & Engineering, Inc., in which he states that he reviewed the report and concurred with the information contained in the report, in that he believed the information was a true and accurate representation of the hydrogeologic conditions at the Center Sand Mine site and vicinity; as well as the Application for Modification of Mining Site Plan Approval and Application for Modification of Operating Permit Approval, for Conditional Use Permit No. 119-3, for the Center Sand Mine, Tarmac America, Inc., dated June 5, 1997 (Opposition's Exhibit F), stating that the report was very clear, regarding the existence or non-existence of a confining layer and recharge on the site in question. He referred to the Executive Summary, contained on Page B-1 of the application, with regard to the Hydrogeologic Report, noting that it states the Surficial and Floridan aquifers are unconfined and have the same water level; that C.16.b., on Page B-2 of said report, states that the Surficial Aquifer and Floridan Aquifer Systems function as one geohydrologic unit at the Center Sand Mine Expansion site and throughout the Lake Wales Ridge geohydrologic area in Lake County and, because of the lack of a confining unit between the two aquifers, the two systems are in direct hydraulic communication; therefore, the water levels measured in wells in this area represent their combined interaction as one aquifer system. He stated that site specific data indicates the Floridan and Surficial aquifers water levels are the same and that the lack of an effective confining unit between the aquifers allows direct hydraulic communication of the waters between the Surficial and the deeper Floridan aquifers.
Mr. Crawford stated that the report further states that there is no Intermediate Confining Unit between the Surficial Aquifer System and the Floridan Aquifer System in the area of the Center Sand Mine Expansion site; that the average annual recharge to the Floridan Aquifer, through the surficial sands, is 14 inches per year, which is unusually high, and that the high recharge rate is a result of the texture and mineralogy of the surficial deposit, internal drainage, and absence of a confining layer. He stated that the report also states that, because the Surficial Aquifer is in unconfined communication with the Floridan Aquifer, some discussion of Floridan characteristics is warranted. He stated that the hydrogeologic literature and the site specific water level data both indicate the lack of an effective confining unit between the Surficial and the Floridan aquifers and that the site specific water level data indicate that the aquitard is sufficiently breached to allow all the infiltrating water naturally available for recharge to the Floridan to pass through without creating any significant head difference across the unit and that the clay unit may act as an aquitard at recharge rates which exceed those occurring naturally, but the literature and water balance data indicate that it does not provide confinement of the Floridan Aquifer as that term in normally applied. He stated that, in summary, the Surficial and Floridan Aquifers in the project area function as one hydrologic unit, because of the absence of an effective confining layer between them. He stated that, if additional data is available, he would like to see it, to find out whether they were wrong in 1993, or in 1997, or are they wrong now. He stated that said information was very important.
Mr. Crawford addressed the issues of noise; truck traffic; and sand, at which time he noted that 95% of the sand is delivered out of Lake County, rather than in Lake County. He then addressed the issue of Conserve II water and the fact that there is no contract between Tarmac and Conserve II, as of this date.
Ms. Bonifay, Attorney, representing the applicant, readdressed the Board stating that Mr. Crawford was relying on material from files from 1998 and testimony that was given in 1998, as opposed to testimony that was recently given to the Planning and Zoning Commission, approximately two to three weeks ago. She questioned Mr. Van Gaale about comments that he had made, regarding inconsistencies that he claimed he found between what the applicant was proposing and what is in the Comprehensive Plan, with regard to the sand mine being an intrusion to rural lifestyles and those policies dealing with mining in high and prime recharge areas. She stated that Mr. Van Gaale's interpretation regarding the matter was incorrect.
RECESS AND REASSEMBLY
At 7:30 p.m., the Chairman announced that the Board would recess for 10 minutes.
PETITION NO. MSP01/7/1-2 - AMENDMENT TO MSP NO. 119C-3 - TARMAC AMERICA, INC./ALBERT TOWNSEND, AGENT/CENTER LAKE PROPERTIES, INC./RICHARD GONZALEZ (CONT'D.)
Ms. Bonifay, Attorney, representing the applicant, continued her questioning of Mr. VanGaale, a witness for the opposition, with regard to when he was retained to give testimony in this case; who had provided him with the information that he based his testimony on; whether he had reviewed any testimony that was given by Mr. Steve Richey, Attorney, at a prior hearing in 1998; whether he had talked to any of the planners, or staff, at the Department of Community Affairs regarding this case; and whether he had talked to any Lake County staff, regarding the formulation of the policies. She submitted, for the record, a letter (Applicant's Exhibit V) from Mr. James V. Modica, President, Modica & Associates, Inc., dated June 24, 2001, regarding the Tarmac Center Sand Mine Expansion Evaluation of Potential Impacts to Near-by Conservation Lands; and a handout (Applicant's Exhibit W), containing Sound Level Surveys for the Tarmac Center Sand Mine that were conducted on November 20, 1997 and May 3-4, 2001.
Mr. Jeff Richardson, Chief Planner, Planning and Development Services, Growth Management, addressed the Board, as requested by Ms. Bonifay, and answered questions regarding whether he was aware of work that was being done by staff on the Tarmac Staff Report; how long staff had been in consultation with the applicant at development review committees and in working with the applicant on the final outcome of the Staff Report; and whether staff would have recommended approval of the request, if they had determined that the application was inconsistent with the Code, or the Comprehensive Plan policies.
Mr. Jake Varn, an attorney that was retained by the County in 1991 to handle the County's Comprehensive Plan, specifically Policy 7-13.3 - Mining in Prime and High Aquifer Recharge Areas, addressed the Board, as requested by Ms. Bonifay, and answered questions with regard to specific language, contained in the County's Comprehensive Plan, pertaining to the issue of mining and how said language has been interpreted.
Mr. Mark Stephens, Senior Principal Consultant, Atlanta Testing and Engineering, addressed the Board, as requested by Ms. Bonifay, stating that Mr. Jimmy Crawford, Attorney, representing the opposition, had misrepresented some of the information that had been submitted to the County, noting that a hydrogeological report was prepared, which he reviewed in 1997, however, noted that, since that time, because of issues that were raised relating to groundwater situations at the mine, Tarmac authorized additional studies and, as a result of that, his firm prepared a new hydrogeological report in April of this year, which was submitted as part of the application, along with two supplements to the hydrogeological report, in June of this year, which was also submitted as part of the application. He stated that the bottom line is that the report concludes that there is no reduction in the quantity of the recharge at the Floridan aquifer, as a result of the mining activity at the Tarmac mine. He stated that, in fact, there may be a slight increase in the recharge, because of the importation of Conserve II water to the mine. He stated that, as far as whether the quality of the recharge will be affected, the recharge water (Conserve II) that is being brought in is being treated to drinking water standards, so it will not have a negative effect at all on the water quality in the area of the Surficial aquifer, or the Floridan aquifer. He answered further questions from Ms. Bonifay, with regard to whether the Tarmac application complied with the intent and provisions of Policy 7-13.3, which deals with mining in prime and high aquifer recharge areas, and what his opinion was based upon.
Ms. Bonifay submitted, for the record, a letter (Applicant's Exhibit X) from Mr. Stephens, dated June 19, 2001, to Tarmac Florida, Inc., containing supplemental information for the Center Sand Mine Hydrogeologic Report, dated April 27, 2001, addressing Water Quality Data, Water Table Contour Map, Conserve II Water Use, Recharge, etc.; and a letter (Applicant's Exhibit Y) from Mr. Stephens, dated June 28, 2001, containing supplemental information for the Center Sand Mine Hydrogeologic Report, dated April 27, 2001, addressing
Sinkhole Potential and Conserve II Water Quality.
Mr. Fred Wettering, Vice President of Lake Louisa Oaks/Lake Nellie Oaks Homeowners Association and Director of Save Our Lakes Committee, addressed the Board, in opposition to this request, stating that the Homeowners Association feels the request is a violation of the spirit and intent of the Comprehensive Plan. He stated that they feel it will devalue property in the area of the sand mine and that they are concerned about the issue of water, noting that six of the homeowners in his area have had to have their pump heads lowered, because their wells have gone dry, and three of them have had to have their wells re-drilled 175 to 350 feet deeper, at a tremendous personal cost to them. He stated that the lakes in the area are going dry, as well. He stated that the Tarmac Sand Mine is a victim of the wrong time and the wrong place, especially the wrong time, at the height of a drought, with the Floridan aquifer still going down. He submitted, for the record, a letter (Opposition's Exhibit G) from Mr. Mark Venzke, who could not be present at this meeting, stating that he was opposed to any expansion of the Tarmac Sand Mine.
Mr. David Merriman, a resident of the Avalon Estates subdivision, addressed the Board, in opposition to this request, stating that he was upset about a comment that was made by a previous individual regarding the County's Comprehensive Plan policies. He stated that they are in place to protect everybody and be a guideline to follow; therefore, he felt they should be taken into consideration, with regard to this request. He addressed a concern he had about the fact that the development plans to use Conserve II water, noting that, although it is treated water, it originally came out of the aquifer.
Mr. Roy Hunter, President, Northeast Lake Chamber of Commerce, addressed the Board, in opposition to this request, stating that the roads in the area of the proposed development are already deteriorating and the development will only put a greater impact on said roads, with the additional mining. He addressed the amount of water that will be pulled from the Floridan aquifer and the fact that he feels the condition of the aquifer and the health and welfare of the people in the County is a lot more important than taking a chance that the development may obtain their water from some place else. He stated that it is too important an issue to take that chance, therefore, asked the Board to deny the request.
Ms. Laura Pinto, a resident who lives across the street from the sand mine, addressed the Board, in opposition to this request, stating that she is a widow who invested her husband's life insurance money to purchase five acres of land, for herself and her daughter, who she is raising by herself. She stated that, had she known the applicant planned to expand the mine in question to the site next to her, across the street from the original sand mine, she would not have invested her husband's life insurance money to purchased her property. She also noted a concern she had about the amount of water that the development will be using on a daily basis.
Mr. Cleveland Lee, a resident of the area in question, who lives across the lake from the existing sand mine, addressed the Board, in opposition to this request, stating that he works for the Orange County Sheriff's Office and usually arrives at home between 2:00 and 3:00 a.m. He stated that, when he tops the hill coming out of Orange County into Lake County, the lights from the mine can be seen reflecting from the water and the side of the hill where they are mining up into the clouds, which is startling. He stated that one can hear the high pitched whine of the dredge. He stated that he and his family moved into the area in question for its peace and quiet. He stated that, in researching their property, prior to purchasing it, they were told that the mine would probably be mined out in ten years and no permits were in place allowing them to expand the mine, so they purchased the property and built their house. He stated that the surrounding property was broken up into five acre tracts and he and his wife assumed that the remainder of the property, including the parcel in question, would also be broken up into five acre tracts. He stated that he feels the property values in the area will decrease, when the mine is expanded. He asked the Board to give the property owners some relief and deny the request.
Mr. Steve Calderaro, a resident of the Avalon Estates subdivision, addressed the Board, in opposition to this request, stating that he recently moved to Lake County from a development in Orange County, which he noted started out as the ideal community, with beautiful homes; however, the laws changed and high density apartment complexes and condominiums were built and, as the years went by, the traffic got bad and the schools got worse and it got to where one could not be safe in one's own yard. He stated that he has nothing against Tarmac and their mining operation, however, noted that he likes it to be dark and quiet at night and he likes to hear the whippoorwills. He stated that Tarmac is trying to push the envelope, noting that he feels their goal is to have a 24 hour per day, seven days a week operation. He stated that he would like to see everybody co-exist; therefore, if there was some type of resolution where that could occur, he would not be opposed to it.
Mr. Gary Logan, a property owner of the area in question since 1991, addressed the Board, in opposition to this request, stating that, when he purchased his property and built his house, the sand mine was located across the street from him; however, he was informed that it only had a ten year life span. He stated that he has put everything he has into his home and will continue to fight as long as he can. He stated that he did not feel Tarmac should be allowed to move its operation into his backyard, where it is incompatible and will deteriorate his quality of life, as well as lower his property value. He complained about the light and noise that is generated from the mine, noting that the dredge sits 140 feet from his backyard and the light is annoying to his family and to his two horses. He asked the Board to do what they feel is best for the people of Lake County.
Mr. Clifton Longo, a resident of the Avalon Estates subdivision, addressed the Board, in opposition to this request, stating that he lives next door to the property where Tarmac plans to expand its mine. He stated that he does not want to see the lifestyle that he and his family have chosen, by moving to the country, be diminished. He complained about the light and noise that is generated from the mine and the possible contamination of his family's drinking water, from pesticides that were used by the citrus growers filtering down into the water, if the mining process starts hitting pockets of the pesticides, because there is no confining layer of soil to separate it from their well. He stated that, if the request was not compatible with the surrounding area in 1998, when it originally came before the Board for approval, and there were only 20 residents in the Avalon Estates subdivision, how can it be compatible now, with more people living in the area than were living there in 1998.
Mr. John Grifford, a resident of the Avalon Estates subdivision, addressed the Board, in opposition to this request, stating that he was a certified residential contractor in the State of Florida and has worked in Lake County for approximately six years. He stated that he has seen the amount of construction that has gone on in the County and how the sand plays an important part of that construction, however, complained about the light and noise that is generated from the mine. He addressed concerns he had about tailings and water percolating back into the ground, as well as the amount of water that Tarmac will be pulling out of the Floridan aquifer, at which time Mr. Albert Townsend, the Director of Real Estate and Environmental Affairs for Tarmac America, Inc., who had addressed the Board earlier, readdressed the Board and answered questions from Mr. Grifford regarding same.
Mr. Townsend stated that Tarmac is permitted, by the St. Johns River Water Management District, to pull 7.7 million gallons of water per day from the aquifer, however, noted that the average amount of gallons that have been pulled from the aquifer over the last ten years is 5.8 million gallons per day. He stated that the wells were installed in 1969 and will stay exactly where they currently are, so, if the surrounding property owners have not yet felt an effect, they will not feel an effect when the expansion is completed. He noted that Tarmac has a 99 year lease on the property.
Mr. Griffin addressed concerns about the fact that the residents in the area were told the mine was only supposed to be in place for 15 to 20 years, however, as of this date, it has been in place for 32 years, as well as concerns he had about the residents of Lake County not being able to water their grass but two days per week, because of the drought situation that the County is currently faced with, while Tarmac is allowed to pull millions of gallons of water out of the aquifer for their mining operation. He stated that there are so many factors that are affecting all of the homeowners in the area in question and asked the Board to deny the proposed expansion of the mine.
Ms. Jennifer Johnston, a resident of the Avalon Estates subdivision, addressed the Board, in opposition to this request, stating that the proposed expansion of the mine will be located across the street from where it currently is located and will be in an area that is now residential, that was not residential before; therefore, the residents see it as having a mine introduced into their area, even though it is only an expansion of the original mine. She stated that she was concerned about protected lands in the area, as well as the issue of the buffer between the mine and the residential area, noting that, because of the location of her house, she will be able to see over the trees located within the buffer and will be looking into a ditch. She stated that she and her husband just built their house and hope to retire there. She stated that they do not want to look out of their house and see a sand mine, therefore, suggested that, if there is something else that can be done to create a buffer for them, they would appreciate it. She stated that they understand the sand mine needs to be where it is and are willing to co-exist with it.
Ms. Pinto readdressed the Board stating, for the record, that she and her husband moved into the area in 1991 and there were no signs indicating that the sand mine was in place at that time.
Ms. Patricia Benjamin, a resident of the area, who lives approximately 200 feet from the point where the expansion is supposed to take place, addressed the Board, in opposition to the request, stating that it does not matter how long the residents have been in the area, the proposed expansion is incompatible. She questioned how the Board could make a decision on the matter, when Tarmac does not yet have a contract for the Conserve II water. She stated that Tarmac is encroaching on a residential area, therefore, feels that they definitely need to make the mine more compatible than what is just required for them to do. She stated that the residents need some protection and look to the Board for it.
Ms. Lisa Grayford, a resident of the area in question, addressed the Board, in opposition to this request, stating that the topic of how long the residents have been in the area does not matter, noting that there were no signs indicating that the sand mine was in place when she and her husband purchased their property. She stated that they knew there was a sand mine down the road from their property, but, they had heard that it was only going to be there for a few more years. She stated that, shortly after they purchased their property, the signs went up. She stated that the residents in the area are very concerned about their property values. She stated that, had they known about the proposed expansion at the time that they purchased their property, she is not sure whether they would have purchased it or not, however, noted that it would have been nice to know. She stated that, at the present time, they are stuck with their decision and asked the Board for help.
Ms. Bridget Conley, a resident of the area in question, addressed the Board, in opposition to this request, stating that she and her husband searched and searched for property, before purchasing their parcel. She stated that they did not purchase their property, for it to go down in value. She stated that they did not purchase property in Orlando, because they wanted to live in Clermont, where she was raised. She stated that expanding the sand mine was going to decrease their property value, therefore, asked the Board to take a long hard look at approving the expansion.
Ms. Gail Gambil, a resident of the Avalon Estates subdivision, addressed the Board, in opposition to this request, stating that she would like to see Lake County be one of the first counties in the State of Florida to start caring about its communities, its environment, and its wildlife. She stated that this was a chance for the Board to really think about the rezoning of the property in question, the Floridan aquifer, and the County's drought situation. She stated that it is inevitable that the property will be developed into something, but asked the Board to be smart about what they allow it to be developed into. She stated that the residents of the area are looking at the Board to try to see their points of view and set a good example for the rest of the State that Lake County cares about its communities and its environment. She asked the Board to be smart about how the County grows and to try to slim down some of the growth.
Mr. Carey Rose, representing the opposition, addressed the Board and questioned Mr. Mark Stephens, Principal Consultant, The Colinas Group, Inc., about a report that was prepared in 1997, with regard to the hydrologic nature of the property in question and the fact that there is no confining layer on the property, at which time he questioned whether Mr. Stephens was stating that there is a confining layer on the property.
Mr. Stephens readdressed the Board stating that the 1997 report was superceded by a 2001 report that was submitted to the County, along with two supplements, which indicate that there is a confining layer on the property, ranging from 13 to 40 feet in thickness.
Mr. Rose asked Mr. Stephens to give a brief explanation as to why the two reports conflicted with each other, as far as their conclusion was concerned, to which Mr. Stephens stated that it was due to additional site specific information.
Mr. Rose addressed the issue of Conserve II water usage, noting that he felt it would set a precedent for other uses throughout the State. He stated that he felt it was very wise and that he had confidence in what Mr. Oyler's group would provide, as far as a product was concerned. He stated that he had no contention with the use, he just wanted to bring up the fact that, according to officials with the Department of Environmental Protection (DEP), both in Tallahassee and in Orlando, the use of such a volume of Conserve II water will require DEP review and approval. He stated that one of the issues that will come up in their review is the consideration of potential EDB contamination in the area and the fact that, if tests show there are pockets of EDB, applying six million gallons of water per day to the area, depending on the volatility of the EDB and the quantity and density of the pockets, with the mounding of the water in the area, it could conceivably push it into other areas; therefore, it is another issue that will have to be dealt with, before the applicant can say that Conserve II water is available for their use. He stated that the proximity of the mine to the Nature Conservancy brings up another concern and he feels that, if the State of Florida considered it worthy enough to invest money in the purchase of a 120 acre plot, it would warrant a more appropriate neighboring land use. He suggested that a 500 foot setback be required, along with a groomed and contoured berm, noting that the residents feel that will insulate them from the sight and sounds of the mine, as well as any sand that may blow off the property. He noted that a security fence is required on the property, as well, which he feels is a good thing.
At this time, Commr. Hanson read into the record the contents of a memorandum that was sent to Ms. Cecelia Bonifay, Attorney, representing Tarmac America, Inc., the applicant, from Ms. Marianne Gengenbach, Policy Representative, The Nature Conservancy, Florida Chapter, dated July 23, 2001, of which a copy (County Exhibit A) was sent to her, which she submitted, for the record, regarding the Tarmac Sand Mine Conditional Use Permit Request, in which she indicates that they have not taken an official position on the proposed expansion of the Tarmac Sand Mine; however, they have been monitoring the issue closely, because of the proximity of the expansion to state owned conservation lands. Ms. Gengenbach further states that they feel there are many unanswered questions, with respect to location of such operations in high/prime aquifer recharge areas, such as the one in question, and that they have recently begun monitoring a series of test wells in an upland portion of their Tiger Creek Preserve that is in close proximity to existing sand mine operations, however, noted that significant data on said wells may take several years to accumulate. Ms. Gengenbach also states that The Nature Conservancy would welcome working with the Board to determine the best possible solutions to the concerns that have arisen regarding this case.
Mr. Ron Kurtz, a resident of Montverde, readdressed the Board and questioned Mr. Stephens regarding the issue of a sink hole that has occurred along the east side of Hartwood Marsh Road that is four to five feet deep and approximately 20 to 30 feet in diameter and whether sink holes on the property would present a danger to the residents in the area, by contaminating the aquifer. He submitted, for the record, a photograph (Opposition's Exhibit H) of the Avalon Estates subdivision, showing how the water in the lake has dropped dramatically, and a topo map (Opposition's Exhibit I) showing various sink holes on the property in question.
Ms. Bonifay, Attorney, representing the applicant, readdressed the Board and gave her closing remarks, stating that the property in question has been owned by Center Lake Properties, or one of their entities, for quite some time. She stated that they have been active in the citrus business in Lake County and have tried to be a good neighbor and a good steward of the land over the years. She stated that 30 years ago they were approached by a mining entity that wanted to mine the property, because of the type of sand that is located on it, and, at that time, they filed a site plan with Lake County that shows the entire 1,200 acres, which belongs to the Caruso family, being mined in the future. She stated that it was filed with Lake County and has remained on file. She stated that Tarmac does not own the property, they lease it and pay royalties on what is mined. She stated that they have a 99 year lease on the property, which shows their intent to be there more than 15 to 20 years. She stated that the mine is also vested, however, noted that they did not try to claim vested rights on all 1,200 acres, but did for everything that has been approved, to date.
Ms. Bonifay addressed the issue of the surrounding property owners stating they did not know about the plans for the expansion of the sand mine, noting that, if one were to pull the plat and file on the Avalon Estates subdivision, they would find a letter that she wrote to the County, on behalf of Tarmac and the owners of the property, before the property was ever platted, advising them that the mine was there and that their long-term plan was to mine all 1,200 acres and that it was the intent of the property owners to allow them to mine the entire parcel of property, if they were able to obtain the approvals that were needed from Lake County, the SJRWMD, and any other parties. She stated that she continued to find it interesting that people were stating nobody knew about the expansion. She stated that, apparently, people want a rural lifestyle, but cheap property, so they move next to an existing sand mine. She stated that most of the people that have appeared before the Board this date have stated that they have lived in the area in question for 10 to 15 years, however, noted that the sand mine has been in place for 30 years. She stated that, given what Tarmac discovered about expanding the mine in 1998, they felt they really needed to put people on notice, as to the other expansion area that they intend to pursue; therefore, they posted that fact on the corner of the property where the Avalon Estates subdivision sits. She stated that the Board did not hear testimony this date from any of the individuals who spoke that, in all their due diligence, before they purchased their property, they called the phone number that was listed on the sign, or went down the road to the facility and asked any of the Tarmac employees about the mine's future plans. She stated that she found it hard to believe that, when they called the County, they were told by staff that the mine expansion was denied, because there were too many houses in the area, and that an expansion would never be approved for the site.
Ms. Bonifay stated that Tarmac has tried to be a better neighbor over the past few years, by installing a berm, cutting down on the amount of sand that leaves the site, as well as various other things. She stated that another fallacy is the fact that the County should not let Tarmac come across Hartwood Marsh Road to the east, noting that it shows on the site plan map that, in the existing mining area, they can go 600 feet to the east of Hartwood Marsh Road, as part of their approved site. She stated that, according to the County's Comprehensive Plan, the only place one can mine in the County is in the rural land use category; therefore, she does not know where else mines are supposed to go. She stated that she has been authorized to file with the County, on behalf of Center Lake Properties, a comprehensive plan amendment, which will come before the Board during the second cycle. She stated that, if, in fact, the mine expansion is not approved, Center Lake Properties wants to pursue the development of their site. She stated that they have asked for a change in the land use from rural to urban expansion, because they have looked at a development that currently abuts the site in question, in the form of a DRI, Kings Ridge, which will have four units per acre. She stated that she felt said fact was important, because no one was present from Kings Ridge, and they are building houses adjacent to the mine at a higher elevation, looking at the mined area. She stated that they have had no problems, or objections, from anyone in Kings Ridge. She stated that Center Lake Properties is looking at a land use that would be compatible with what is adjacent to them. She stated that Tarmac has tried to deal with the issues of noise, light, and the migration of sand and that she has seen no other contradictory evidence offered.
Ms. Bonifay stated that, with regard to the issue of recharge, Mr. Oyler, who testified earlier in the meeting about the time frame for the proposed contract with Conserve II, which has been in the works for months, was not one of her witnesses, but a professional employee of the City of Orlando. She stated that she has no control over when Orange County and the City of Orlando will approve it, however, feels that it will probably be approved by the City of Orlando in August and by Orange County in early September of this year. She stated that Tarmac has a SJRWMD permit that is good until 2010 to pump water from the Floridan aquifer. She stated that the whole point of using Conserve II water is to use it as make-up water, noting that the Planning and Zoning Commission never considered, as a condition, that Tarmac would use nothing but Conserve II water. She stated that it has been testified this date that, in times of other priorities, or emergencies, if there is a problem, Tarmac needs to have a backup source. She stated that statements were made and letters were sent to the Board stating that the Lake County Water Authority opposed this project, however, noted that Mr. Modica, a member of the Lake County Water Authority Board, was present and could address the matter, should the Board wish to have him do so. She stated that they took this issue up on July 18, 2001, at which time a motion was made to oppose the Tarmac proposal, however, it was defeated. She stated that the Water Authority has given her client indications that they feel the reuse of water is a positive thing.
Ms. Bonifay stated that the reason she requested that a copy of the memorandum that was sent to her from The Nature Conservancy be sent to Commr. Hanson, Chairman of the Board of County Commissioners, was due to the fact that a representation was made that they opposed the project. She stated that the memorandum indicates they are monitoring different upland areas and the two they mentioned, one in Seminole County and the other in Polk County, are areas where they will be doing additional testing. She stated that an analysis was submitted by Mr. Modica and found to be sufficient by county staff, as testified earlier by Mr. Jeff Richardson, Chief Planner, Planning and Development Services, Growth Management, in that they found no negative impact on the area that was originally purchased by The Nature Conservancy, that is now managed by the Division of Forestry, which is adjacent to the Avalon Estates subdivision. She stated that there will be no increased truck traffic and neither the wells nor the plant will be moved - the only thing that will be moved will be the electric dredge, which she noted is going to be 30 to 40 feet below ground level. She stated that the only thing Tarmac wants, at the end of the expansion and fulfillment of their original master plan, is to continue with the one further expansion, which she feels will help the residents in the area maintain their rural lifestyle, to a great extent, because it will prohibit further development of the area into a much higher density, which will have a greater impact and demand on traffic, water, and schools in the area. She stated that the proposed expansion will produce no negative impact on the schools. She stated that she feels Tarmac is one of the residents' best hopes in trying to keep the area much the way it is today.
Ms. Bonifay asked Mr. Townsend whether, after hearing the concerns of the residents this date, there was anything further that Tarmac could do to alleviate their concerns and demonstrate that they want to be a good neighbor. She submitted, for the record, a copy of Policy 7-13.3: Mining in Prime Aquifer Recharge Areas (Applicant's Exhibit Z) and a handout (Applicant's Exhibit AA) containing Economic Data information about Tarmac America, Inc.
Mr. Townsend readdressed the Board, stating that one of the concerns of the residents was fencing the property, however, noted that they are already required to do that and that it should be done within the next six months. He stated that he would certify the fact that they will keep a minimum of 100 feet of vegetative buffer from the property line and that, behind the 100 foot buffer, they will install a 12 foot berm. He stated, however, that he could not guarantee that it will be grassed and watered, as requested.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Pool informed those present that Lake County has one of the most stringent mining ordinances in the State of Florida. He stated that he respected the fact that the residents in the area of the Tarmac Sand Mine love the area and are trying to protect and enhance it, however, noted that staff has indicated that Tarmac meets the criteria that has been set forth to expand its mine. He stated that he wanted to try to help the property owners, as well as Tarmac, therefore, picked a compromise number of 250 feet for the setback, which he felt would be adequate for the property owners - much greater than what is expected anywhere else in and around the area. He stated that he felt it was important that Conserve II be part of the permitting process and that he recognizes the fact that, in times of freeze or drought, things may be different. He stated that he felt, as part of the process, Tarmac should be mandated to hook up to Conserve II water, noting that he does not want Tarmac to continue to draw 5.8 million gallons of water per day out of the aquifer. He stated that he felt reused water was better to use; therefore, felt the smartest thing to do was demand that Tarmac use reused water. He stated that he would be willing to grant them the permit to expand the mine, but, with a condition that they not be allowed to do so until they have Conserve II water. He stated that, with regard to the light that is generated from the dredge operation, he feels the opportunity is there to lower the light level somewhat during evening hours. He stated that he felt there could be a win/win situation, however, was not sure whether the residents would be happy with the decision.
Commr. Cadwell stated that, while he believes Tarmac has a right to mine the area where they are currently located, he feels that extending a use that is daily becoming inconsistent with the surrounding area would be a mistake. He stated that the residents knew the mine was in place, but, they did not anticipate an expansion. He stated that he felt Conserve II was a good idea, however, felt uncomfortable with the fact that it may not be tied into the project for the length of it.
Mr. Townsend readdressed the Board stating that he did not have a problem with the condition that Commr. Pool was placing on the request, however, noted that he would have to take the matter to the City of Orlando, for approval, as well as obtain approval from Orange County, which are two separate entities. He stated that he did not have control over the matter. He stated that it will be costly for Tarmac to use Conserve II water, however, noted that it was a business decision they made, so they will make every effort to obtain it and use it.
Commr. Pool reiterated the fact that he felt hooking up to Conserve II water was key to approving this request.
Mr. Richardson, Chief Planner, Planning and Development Services, Growth Management, readdressed the Board stating that the County will not issue an operating permit, until such time as Tarmac has a contract with Conserve II in hand.
Mr. Oyler readdressed the Board and discussed what the City of Orlando and Orange County's relationship is with Tarmac and the time frames involved. He stated that, in order for them to construct a pipeline, they have to get an addition to their permit, which he noted will require an amendment to their permit application. He noted that they are ready to move forward with it, if and when the project receives approval. He stated that the second thing is the design of the system, noting that it is incumbent upon them to spend the taxpayer's money wisely. He stated that, if it was their intent to provide water to Tarmac, prior to Tarmac paying them off, it would be a poor expenditure of the City and the County's monies. He stated that there is an incentive on their part to provide water to Tarmac over the long term. He stated that they feel Tarmac is a good customer, because there is no freeze protection required for them and, secondly, they are not weather dependent. He stated that a 6 million gallon use at the site in question is a benefit to the City of Orlando and Orange County, as well as a benefit to the groundwater in this area. He further elaborated on the matter, noting that it will take approximately six months to do the design for the hookup, approximately three months to go through the bidding process, approximately nine months to construct the pipeline, and three months just to deliver the pipe.
Commr. Hanson stated that, should anything happen that Tarmac cannot hook up to Conserve II water, she would want the request to come back before the Board for further action.
A motion was made by Commr. Pool and seconded by Commr. Stivender to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2001-110 - Center Lake Properties, Inc.,Center Sand Mine - Tarmac/Cecelia Bonifay, Akerman Senterfitt and Eidson, PA, Rezoning Case No. MSP01/7/1-2, Tracking No. 102-01-MSP/AMD, contingent upon a satisfactory contract being developed between Tarmac and Conserve II, allowing Tarmac to use 5.8 million gallons of water per day, but that they be required to come back before the Board of County Commissioners for a continuation, should they hit a stumbling block along the way; and that they be required to have a 250 foot setback from all residential communities, with the exception of the north side of the property, which is required to have a 100 foot setback.
Under discussion, Commr. Hanson stated that she feels the County needs to initiate a lighting ordinance.
Mr. Richardson readdressed the Board stating that, to some degree, lighting is going to be included, when the County moves forward with design guidelines for commercial properties.
Commr. Hanson stated that she feels residential should be included, as well, noting that she feels it is going to continue to be an issue and that the County needs to address it. She called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Cadwell voted "No".
PETITION NO. LPA01/4/2-2 - AMENDMENT TO FUTURE LAND USE MAP - BATTAGLIA FRUIT COMPANY, INC.,GENERAL PARTNER/CECELIA BONIFAY, ESQUIRE, AKERMAN, SENTERFITT AND EIDSON, P.A.
Commrs. Hill, Stivender, Hanson, and Pool disclosed, for the record, that they had spoken with Ms. Cecelia Bonifay, Attorney, representing the applicant, regarding this case, prior to this meeting.
Mr. Jeff Richardson, Chief Planner, Planning and Development Services, Growth Management, addressed the Board and explained this request, stating that it was a request to amend the Future Land Use Map, changing the land use designation from Urban Expansion to Urban on a 30 acre site in south Lake County. He stated that the property in question is surrounded by urban type developments, averaging between two and six and a half dwelling units per acre. He stated that the property is a small out parcel located directly across from the Greater Groves development. He stated that staff was recommending approval of the request. He stated that the Transmittal Hearing regarding this request was held several months ago and, according to the response from the Department of Community Affairs, everything seemed to be in order.
The Chairman opened the public hearing.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, representing the applicant, addressed the Board and asked that they adopt the Comprehensive Plan Amendment being requested, changing the land use from Urban Expansion to Urban, based on a positive recommendation from staff, the Planning and Zoning Commission, and the Department of Community Affairs.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2001-111 - Battaglia Fruit Company/Cecelia Bonifay, Esquire, Rezoning Case No. LPA01/4/2-2, Tracking No. 41-01-LPA, a request for an amendment to the Future Land Use Map, changing the land use designation from Urban Expansion to Urban.
PETITION NO. LPA01/4/1-2 - AMENDMENT CHANGING FUTURE LAND USE DESIGNATION - DOUGLAS S. DOUDNEY/DOUDNEY INVESTMENT COMPANY/SCOTT D. AND PAMELA F. GREENWOOD/BEN J. SCHROEDER
Commrs. Hill, Stivender, Hanson and Pool disclosed, for the record, that they had spoken with Ms. Cecelia Bonifay, Attorney, representing the applicant, regarding this case, prior to this meeting.
Mr. Jeff Richardson, Chief Planner, Planning and Development Services, Growth Management, addressed the Board and explained this request, stating that it was a request to change the future land use designation for approximately 121 acres in the vicinity of Hartwood Marsh Road, in the Clermont area, from Rural to Urban Expansion. He stated that staff was recommending denial of the request. He stated that this was the Transmittal Hearing for the case, noting that it will go to the Department of Community Affairs, for their comments, and come back to the Board, for approval, at a later date.
The Chairman opened the public hearing.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, representing the applicant and other investors, addressed the Board stating that they did not agree with staff's recommendation, nor did the Planning and Zoning Commission. She displayed a map (Applicant's Exhibit A) indicating the subject property and surrounding developments, such as a new Publix Shopping Center that is currently under construction; the Halversen commercial development; Walgreens; a County Urban Expansion area; the Lincoln Groves parcel, where the County had looked at having a joint facility with the Lake County School Board, etc., which she submitted for the record. She stated that this case was continued from an earlier Board Meeting, because there were issues regarding what the City of Clermont wanted to do and where they were going with their Joint Planning Agreement (JPA). She stated that they held a retreat on June 1, 2001, where the discussion centered on what the City was going to do and what properties they were going to look at including in their JPA, and the property in question was the next parcel they were considering including in the JPA. She stated that they also made a determination that they would go eastward to Hartle Road, as an area for future annexation. She stated that they are not looking at going south, but along the Hartwood Marsh corridor to the east.
Ms. Bonifay stated that there were a number of issues in the Staff Report that they did not agree with, at which time she noted that staff did not go back and update the letter they received from Mr. Barry Brown, dated March 20, 2001. She stated that the whole discussion with Mr. Saunders and Mr. Brown and the reason the letter was submitted, which was discussed at the Board Meeting, was that they were unsure what the politics of their city was going to be at that time. She stated that it was the reason this case was postponed, to allow them to have the meeting she referred to, with the City of Clermont. She stated that the City met and unanimously determined that the property in question would be the next adjacent property, noting that Mr. Ladd's property is already annexed into the City of Clermont, at a density of four dwelling units per acre. She stated that the utilities are currently located on Hancock Road, noting that there is water, sewer, and capacity. She stated that, despite what is contained in the Staff Report, she has documents that indicate Lake County has not only committed to the widening of Hartwood Marsh Road, but that there is over $2 million available to do the PD&E (Preliminary Design and Engineering) study for the four-laning of Hartwood Marsh Road. She stated that the County was notified of said fact by the State. She stated that, not only is it in the County's Transportation Improvement Program, but it is in the County's Capital Improvements Program, as well, and the County is getting money from the State to do it. She stated that the project in question was the next logical expansion. She stated that, in the Staff Report, it states that the applicant should not be requesting approval for Urban Expansion from the Board, but should annex into the City of Clermont, and, if that is the County's new policy, that it does not want any urban areas, but wants all that tax base to go into the City of Clermont, then the County needs to redraft its Comprehensive Plan. She stated that she feels said statement is nonsensical, noting that, if the property is contiguous and can be annexed into the City at four dwelling units per acre, then it is not premature for a comprehensive plan change in the County. She stated that the proposed project is going to be located on a corridor that is going to be four-laned and there is a major commercial node at the corner of said road. She stated that the property contiguous to the one in question allows townhouses, duplexes, and multi-family units. She stated that there are only three land uses in the County's Comprehensive Plan - Rural, Urban Expansion, and Urban. She stated that, if there was another type of classification, the applicant probably would have asked for it, as a transition, but she was only given three choices.
Ms. Bonifay stated that this meeting is the Transmittal Hearing to the Department of Community Affairs and she feels that, if they think there is a problem with premature development, they will let the Board know, in their comments. She submitted, for the record, a handout (Applicant's Composite Exhibit B) containing the following documents: An aerial indicating the zoning classification for the property in question, as well as the surrounding zoning classifications; a copy of Ordinance No. 414-M, from the City of Clermont, providing for the annexation of a certain parcel of land contiguous to the city boundaries, and Ordinance No. 418-M, amending the official zoning map of the City of Clermont, rezoning properties, as noted, from U-E (Urban Estate District) to C-2 (General Commercial District); a transmittal letter from the City of Clermont to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team, dated February 27, 2001, regarding the Submittal of LS-2001-01 Comprehensive Plan Amendment, which amends the Future Land Use Map, to recognize land use assignments for three annexations and proposed changes in land use for additional properties in the City; amends the language of the Future Land Use Element, Appendix C, to allow for changes in the land use districts; amends the Transportation Element, to recognize future improvements to U.S. 27 and SR 50; and amends the Capital Improvements Element, to update the Schedule of Capital Improvements, for the potable water and sanitary sewer systems; an excerpt from the Official Lake County Zoning Map, showing an MP zoning classification for the property in question; a map from the City of Clermont, showing the location of the City's East Side Water Service Area; a map and Legend of the City of Clermont's Potable Water System, dated January, 2001, indicating the location and size of the City's various water main lines; a map indicating the City of Clermont's lift station locations and service areas, dated January, 2001; a map of the City of Clermont, indicating elementary, middle school, and high school sites located in the area of the property in question; a map of Lake County, indicating transportation funding requests for ten road projects, two of which are Hartwood Marsh Road and SR 50, as well as an excerpt of the March 6, 2001 Board of County Commissioner's Meeting, where a motion was made and approved to initiate a Joint Planning Agreement (JPA) for Hartwood Marsh/Marsh Road between Lake and Orange counties, as presented at said meeting; a map of Orange County's Recommended Phasing Plan, showing that Hartwood Marsh Road is scheduled to be phased in between one to five years; and a copy of the 2001-2005 Transportation Construction Program, from the Lake County Department of Public Works, Road Impact Fee Program, for Benefit District 5, indicating that Hartwood Marsh Road is scheduled to be four-laned from U.S. 27 to the Orange County line.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved Rezoning Case No. LPA01/4/1-2, Scott and Pamela Greenwood/Ben Schroeder/Doudney Investment Company/Cecelia Bonifay, Esquire, Tracking No. 40-01-LPA, a request for an amendment to change the future land use designation from Rural to Urban Expansion.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:55 p.m.
________________________________ CATHERINE C. HANSON, CHAIRMAN
ATTEST:
________________________________
JAMES C. WATKINS, CLERK
sec/7-24-2001/8-22-2001/boardmin