A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 25, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, March 25, 2003, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Robert A. Pool; Jennifer Hill; and Catherine C. Hanson. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
The Chairman noted that there was an Addendum No. 1 to the Agenda, containing three items.
Mr. Bill Neron, County Manager, informed the Board that Tab 1, under the County Manager’s Consent Agenda, a request from Growth Management for approval to revoke Reliable Peat Mine CUP No. 87/10/1-2, was being pulled from the Agenda, because it had not been before the Planning and Zoning Commission; and Tab 4, a request from Public Works for approval of Petition No. 996, by Jim Stivender, Jr., Director, Public Works, and Mr. David Terry, Attorney, to vacate an easement located in Section 28, Township 21 South, Range 26 East, in the Sugarloaf Mountain, Ferndale area - Commission District 3, was being pulled, because it had already been approved at a previous meeting.
Commr. Hanson informed the Board that she asked the County Manager to give them an update on the Wekiva springshed legislation.
It was noted that Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, would be giving said update under the County Manager’s Reports.
Mr. Neron stated that he would be informing the Board about a matter dealing with Leadership Lake County, under his Reports, as well.
ADDENDUM NO. 1
REPORTS - COMMISSIONER HILL - DISTRICT 1
RESOLUTION SUPPORTING NO REDUCTION IN U.S. TARIFF ON IMPORTED CITRUS
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-36, supporting no reduction in U.S. tariff on imported citrus.
Mr. John Jackson, Lake County Agricultural Center, addressed the Board stating that this would be the first Board of County Commissioners in the State to pass such a Resolution. He stated that Lake County is once again a leader in the agricultural industry and the citrus growers appreciated their support.
Commr. Hanson suggested that a copy of said Resolution be sent to the Association of Counties, statewide, and request their support in the matter.
PUBLIC HEARINGS
VACATION PETITION NO. 994 - LAURIE CREWS - YALAHA
Ms. Patti Harker, Right-of-Way Manager, Public Works, explained this request, stating that it was a request to vacate some easements in the Yalaha area, south of CR 48, in an old unrecorded Plat of Bloomfield, Commission District 3. She stated that there were no letters of opposition on file and 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. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-37 - Vacation Petition No. 994, by Laurie Crews, to vacate easements in the unrecorded Plat of Bloomfield, located in Section 21, Township 20 South, Range 25 East, in the Yalaha area - Commission District 3. VACATION PETITION NO. 995 - ROBERT VASON, JR., P.A. - MOUNT DORA
Ms. Patti Harker, Right-of-Way Manager, Public Works, explained this request, stating that it was a request to vacate some streets in the Sorrento area, south of CR 46. She stated that it was postponed from last month, in order to resolve a utility easement with Florida Power. She stated that staff was recommending approval of the request, subject to the receipt of a copy of the recorded easement.
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. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-38 - Vacation Petition No. 995, by Robert Vason, Jr., P.A., to vacate streets located in Section 34, Township 19 South, Range 27 East, in the Sunset Hills Subdivision, in the Mount Dora area - Commission District4.
VACATION PETITION NO. 997 - CHARLES O. KUHARSKE - GROVELAND
Ms. Patti Harker, Right-of-Way Manager, Public Works, explained this request, stating that it was a request to vacate an old easement located in the plat of Groveland Farms, in the Bay Lake area, west of CR 565, in District Commission 2, in conjunction with a Special Masters Agreement that was approved. She stated that staff was recommending approval of the request.
The Chairman opened the public hearing.
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 approved Resolution No. 2003-39 - Vacation Petition No. 997, by Charles O. Kuharske, to vacate an easement located in Section 16, Township 23 South, Range 24, in the plat of Groveland Farms, Groveland area - Commission District 2.
OTHER BUSINESS
APPOINTMENT TO LAKE COUNTY CITIZENS’ COMMISSION FOR CHILDREN
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the appointment of Mr. Jay Marshall as the Superintendent of Schools’ representative on the Lake County Citizens’ Commission for Children, to complete an unexpired term ending May 14, 2004.
PUBLIC HEARINGS: REZONING
REZONING CASE NO. PH14-03-5 - RM TO R-6 - PAUL BUCHANAN AND
SHANGRI-LA-BY-THE-LAKES/VALERIE FUCHS, ESQUIRE
TRACKING NO. 28-03-Z
Ms. Tiffany Ballay, Senior Planner, Growth Management Department, explained this request, stating that it was a request for approval to rezone from RM (Mobile Home Residential) to R-6 (Urban Residential District). She stated that there is an approved subdivision, known as Eagle Point, under the current RM zoning, but the developers would like to build single-family homes, rather than mobile homes. She stated that it is a 12 acre parcel, located within an Urban Expansion zoning district. She stated that the proposed rezoning is in conflict with the County’s Land Development Regulations, according to Section 3.00.04, which does not allow an R-6 zoning within the Urban Expansion zoning district. She stated that staff is unable to support the rezoning from RM to R-6, however, noted that they would be able to support a rezoning from RM to R-2.
It was noted that the Planning and Zoning Commission recommended approval from RM to R-2.
The Chairman opened the public hearing.
Ms. Valerie Fuchs, Attorney, representing the applicant’s, addressed the Board stating that the applicants have no objection to the recommended R-2 rezoning.
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. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2003-28 - Paul Buchanan/Shangri-La-by-the-Lake/Valerie Fuchs, Esquire, Rezoning Case No. PH14-03-5,Tracking No. 28-03-Z, a request for approval to rezone from RM (Mobile Home Residential) to R-2 (Estate Residential), to encourage the retention and development of suitable areas for select types of residential development at a low density, such as detached high and medium value country estates for single-family use, and discourage the creation or continuation of conditions which could detract from the function, operation, and appearance of rural areas, by permitting uses of land and densities of population which more properly belong in urban places.
REZONING CASE NO. MSP03/3/2-3 - AMEND MSP ORDINANCE NO. 1995-38
FLORIDA ROCK INDUSTRIES/ASTATULA SAND MINE/GREG BELIVEAU, AICP
LPG URBAN AND REGIONAL PLANNERS - TRACKING NO. 30-03-MSP/AMD
Mr. John Kruse, Senior Planner, Growth Management Department, explained this request, stating that it was a request to amend MSP Ordinance No. 1995-38, to reduce setbacks along CR 448 from 200 feet to 100 feet. He pointed out the setbacks on an aerial on display (contained in the Board’s backup material), noting that staff reviewed the request and found it to be consistent with the County’s Land Development Regulations and with the Comprehensive Plan. He stated that the Planning and Zoning Commission recommended approval of the request, by a 11-0 vote, and staff was also recommending approval, with a stipulation that the owner be required to adhere to the conditions outlined in the Ordinance.
The Chairman opened the public hearing.
Mr. Steve Richey, Attorney, representing the applicant, addressed the Board and displayed an aerial (Applicant’s Exhibit A) of the property in question, showing the 100 foot setback. He stated that the property would comprise a total of 7.1 acres, if the 200 foot setback is deleted, making the setback 100 feet. He stated that nothing else about the mining plan would be changed, in that there are no environmental issues involved; it has no flood plain; and the reclamation plan will stay the same. He stated that the County’s Code requires a 100 foot setback and, at the time that the applicant came though the process, the land owner would not provide them with the ability to mine said property, because he had cows on it and wanted the 200 foot setback. He stated that the applicant has shown the land owner that they could be good stewards of the land and have shown him that they would do what they said they would do, so he has allowed them to modify the permit. He stated that the applicant has initiated, in conjunction with staff, putting a rolling berm along the setback, which will be grassed. He stated that it originally required a planting of trees, which the applicant planted three or four times, however, because of drought and the fact that there were cows on the property, the applicant did not have any success with the trees.
Commrs. Stivender and Pool disclosed, for the record, that they had met with Mr. Richey regarding this case prior to this meeting.
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. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2003-29 - Florida Rock Industries/Astatula Sand Mine/Greg Beliveau, AICP, LPG Urban and Regional Planners, Rezoning Case No. MSP03/3/2-3,Tracking No. 30-03-MSP/AMD, a request to amend MSP Ordinance No. 1995-38, to reduce the setbacks along CR 448 from 200 feet to 100 feet.
REZONING CASE NO. SLPA03/3/1-3 - SMALL SCALE MAP AMENDMENT FROM
SUBURBAN TO RURAL VILLAGE - MURRY W. AND MARSHA P. CRAWLEY/STEVEN J. RICHEY, P.A. - TRACKING NO. 32-03-SLPA
Mr. Rick Hartenstein, Planner, Growth Management Department, explained this request, stating that it was a request for a small scale map amendment to change the future land use designation for a 6.67 acre parcel from Suburban to Rural Village. He stated that the property is adjacent to the Rural Village designated area of Ferndale. He stated that the property to the north is located within the Rural Village designated land use and is under common ownership by the Crawleys. He stated that the request has been found to be in compliance with the County’s Land Development Regulations and Comprehensive Plan; therefore, staff was recommending approval of the request. He noted that the Planning and Zoning Commission recommended approval, as well, by an 11-0 vote.
The Chairman opened the public hearing.
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. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2003-30 - Murry and Marsha Crawley/Steven J. Richey, P.A., Rezoning Case No. SLPA03/3/1-3, Tracking No. 32-03-SLPA, a request for approval of a small scale map amendment from the current future land use designation of Suburban to Rural Village, for approximately 6.67 acres.
REZONING CASE NO. PH53-02-2 - AMENDMENT TO EXISTING CFD ZONING
FRANK AND E. MAY MENEFEE/JIMMY CRAWFORD, P.A.
TRACKING NO. 91-02-CFD/AMD
Mr. Ron Thomasson, Principal Planner, Growth Management Department, addressed the Board and explained this request, stating that it was a request for an amendment to a previous rezoning that occurred in 2000, involving Ordinance No. 2000-33. He stated that, at that time, the applicants approached the County requesting approval to allow the creation of five (5) RV sites and five (5) primitive cabins, for use on a temporary basis for special events. He stated that, at the time that it was presented to the Board, staff did not realize they had tripped the definition of both the State government and the County’s own local ordinance, with regard to placing an RV park in the transition area of the Green Swamp. He stated that they acknowledge the fact that there is now a situation where there are more than five RV hookup sites in that park. He stated that the consequences of that rezoning to a Community Facilities District (CFD) was that, in April of 2001, the Growth Management Director approved a request from the owner of the property for an electrical permit, on a temporary basis, for a special event that they had scheduled for that week. He stated that the electrical permit was granted, in spite of the fact that the County had not received a site plan, or any type of requests for permits from said development, for the RV sites or the primitive cabins. He stated that it was determined by the electrical inspector involved that the electrical permit, which had been approved on a temporary basis, was being utilized on an ongoing basis, so said inspector took action and had it disconnected. He stated that the inspector also notified Code Enforcement of the situation. He stated that the applicant then submitted an application to staff to add six (6) additional RV hookup sites and to have deleted from the original Ordinance the five primitive cabins.
Mr. Thomasson stated that the application before the Board this date, requesting approval for six additional RV hookups and to delete the five primitive cabins, went to the Planning and Zoning Commission at their past meeting and a discussion ensued as to the merits of the case. He stated that it is staff’s position that the Land Development Regulations do not provide for an RV park as a permitted, or conditional, use under a CFD zoning. He stated that staff finds the request to be inconsistent with the County’s Land Development Regulations and, in terms of the Comprehensive Plan, Policy1-12.1 requires that, in developing said areas, there be a blending of uses already in place and that there be a compatibility with the uses being proposed. He stated that staff finds this request does not have compatibility with the land uses and activities in that area; therefore, it is inconsistent with the Comprehensive Plan. He stated that Code Enforcement found the applicant to be in violation and gave them a certain number of days to comply, or remove the violating RV units.
Mr. Sandy Minkoff, County Attorney, interjected that the code violation involves the lack of a site plan. He stated that, if the Board denies the request this date, the applicant can still have a certain number of RVs and primitive cabins on his property.
Mr. Thomasson stated that, in addition to the statement that there is a non-conforming situation, the presentation that he heard before the Planning and Zoning Commission and later before the Code Enforcement Board indicated that the RVs had been on the property on a semi-permanent basis since 1998, so the applicant predated the original rezoning by a couple of years. He stated that, during the time of the first application, the idea that was presented to staff was that the lodgings were to be utilized only temporarily for events; however, staff has since been informed that they were semi-permanent, with people staying in them for up to four months out of the year, even prior to the original application. He stated that, during the Planning and Zoning Commission Meeting, the applicant submitted a proposal that four of the units be allowed for permanent residency. He stated that, in the event that position is presented to the Board this date, staff’s position is that the applicant would be creating a subdivision in a CFD zoning district, which they would have to recommend denial of, because it is not consistent with the Land Development Regulations. He addressed some other issues involved with this case, at which time he noted that staff stated in the Staff Report that they were looking at the case as having more than 5,000 square feet of commercial development space on it; however, they would like to recind that. He stated that, in further review of the case, the commercial facilities on the site are accessory to an airport and, if one delineates the commercial as not being part of the airport, it does not trip the 5,000 square feet he alluded to earlier. He stated that, during the Planning and Zoning Commission Meeting, he responded to comments by the applicants that this does not trip the definition of an RV park, so staff did further research and consulted with the Department of Environmental Health, which supplied him with an email of the actual statute that defines RV parks, which is defined as five or more units. He stated that he was informed by them that they cannot take enforcement action, that it is up to the County to do so, however, noted that they informed him of some issues that they are concerned with, which include approval of a water supply; safe drinking water; garbage and refuse disposal; and insect and rodent control. He stated that there is also a provision that, when the case goes through site plan approval, a pump station is required to be on the site, to meet the requirements of the State, and staff knows that for at least five years the site has had an RV setup, without those provisions being provided for. He stated that staff’s recommendation is for denial of the request. He submitted, for the record, a copy of the email (County Exhibit A) that he received from the Department of Environmental Health.
Mr. Jimmy Crawford, Attorney, representing the applicants, addressed the Board and introduced Ms. Jennifer Lanier, a South Lake High School senior, noting that she had been accepted at Florida A&M University and would be job shadowing him. He stated that the applicants, Frank and May Menefee, are the owners of the Groveland Airport, and, as far as the issue of permanent residency is concerned, they do not want any permanent residency at the airport, however, noted that temporary residences are set up, for several weeks at a time, where RVs are utilized during special events that are held there two or three times per year, which he noted several hundred people attend. He stated that the airport hosted a regional hang gliding championship last year and will be hosting it again in the future. He stated that they have been in the running for national competitions, as well. He stated that it is not a normal airport, but one that is used specifically for hang gliding, which it was zoned for in the year 2000. He stated that the RVs predate the zoning, noting that it was permitted for five RV sites at the time. He stated that he wanted to dispel the vision that the Menefees are road violators and outlaws, building all kinds of things at the airport and operating in violation of every Ordinance they have ever been approved for, noting that it is just not true. He stated that they received their rezoning in the year 2000, because they had a planned expansion and could not build new hangers and new facilities, without coming in for a CFD zoning, because it was an old grandfathered airport that has been operating since just after World War II. He stated that they received their zoning for the five RVs and the five cabins, however, noted that the RV demand is greater now. He stated that they do not see a demand for the cabins. He stated that the cabins are permitted for use down by the lake, which is used by visitors to the airport as a recreational amenity.
Mr. Crawford stated that there are five existing permitted RVs in an enclosed area by the road and that is where they wish to add five additional RVs. He discussed what has transpired, up to this point in time, with regard to the electrical permits, noting that there are four posts, with four outlets each on them, for a total of 16 plugs. He stated that there is no temporary use permit that one can apply for in Lake County. He stated that such events have been held at the airport for years and, upon contacting the County about them, the applicants were instructed to continue with them as usual. He stated that there have been as many as 50 RVs at the site on any given weekend and they have never been cited for it. He stated that what they have been cited for are the eight or nine RVs that are on the property, on a more or less permanent basis, noting that they sit there for weeks, or even sometimes months, at a time. He stated that he did not feel a temporary use twice a year on a weekend for a flying event, even if people pulled RVs or campers in, is a violation. He stated that the electricity the applicants want for the airport is for the five permitted cabins and for the temporary uses, otherwise, the people staying in the RVs have to use generators, or extension cords, which they feel is unsafe.
Commr. Hill asked staff to respond to the statement by Mr. Crawford about the electrical permit.
Mr. Thomasson readdressed the Board stating that there is currently work being done to establish a special events procedure and permitting process, however, noted that it is separate from the action being requested this date. He stated that, with regard to the question of how staff would feel about the temporary uses being more than just a few events per year, noted that, if they had been presented with a proposal indicating that the applicants wanted to do something on a quasi-temporary basis and wanted to have additional units for special events, they would have reviewed it, but staff has not had such a request made to them. He stated that staff would need to have a proposal from the applicants, before they would know how to respond to that question, or present it to the Board.
Mr. Minkoff, County Attorney, interjected that, if it is not contained within the Ordinance, having 50 RVs at the airport on a weekend would be a violation of the Code. He stated that, if it was allowed, it would state that the applicants could have events on weekends and would specify that they could bring people in for said events.
Mr. Crawford stated that neither Code Enforcement nor staff has ever stated anything other than the fact that the applicants are working on a temporary use Ordinance, which will require them to get permits. He stated that the applicants have not been hiding the hang gliding events in any way, shape, or form. He stated that they want to work within the regulations for those events, the same way that they thought they were working within the regulations for the other things. He stated that the events only occur once or twice a year. He stated that the permit was pulled, but it was not final, because it was a temporary permit. He stated that South Lake Electric pulled it and Mr. Menefee went on, blissfully ignorant, until he received a letter from the Building Department a year later stating that his permit was never finalized and that he needed to come to the Growth Management Department and get it finalized. He stated that he proceeded to do so and was told that he could not get it finalized, because he did not have an approved site plan. He stated that he hired a gentleman to file a site plan, however, noted that the Zoning Ordinance that was approved in the year 2000 recognizes existing uses and planned uses. He stated that his position is and remains that the applicants are not required to undergo site plan approval, until they pull a building permit, or something that requires site plan approval. He stated that the applicants can continue to exist with just what they have, without undergoing site plan approval, but, noted that they will have to undergo site plan approval when they undertake any type of commercial construction or CFD construction that is not already permitted, as built in the Ordinance. He stated that the applicants were told they would have to amend their Zoning Ordinance, before they could apply for a site plan. He stated that staff’s opinion was that the four outlets being required, with four plugs each, gave the applicants hookups for more than five RVs, so they said they would not process their site plan application until they went through zoning. He stated that it has been a steady progression of the applicants trying to get the problem straightened out, however, noted that it is a rural airport in an isolated part of the County and that has added to the problem.
Mr. Crawford stated that the applicants are merely asking to trade five approved cabins for five RV sites they would like the ability to, consistent with state regulations, connect the RVs to a pump out station, a septic system, or whatever the County and the State believes they should have, noting that they do not like the idea of having someone coming out once a week, hooking up to each RV, and pumping them out. He discussed the issue of an RV park not being allowed at the site, with regard to an email that staff received, alluded to earlier by Mr. Thomasson, at which time he asked that said email be displayed, for the Board’s perusal.
Mr. Thomasson placed said email on display.
Mr. Crawford stated that he introduced the statute as evidence at the Planning and Zoning Commission Meeting, noting that it states five or more sites for direct or indirect remuneration constitutes an RV park. He stated that the Ordinance states the same thing, however, noted that the applicants do not rent the RV sites, nor do they receive pay for the use of them, and that is because it is not an RV park, it is an accessory use for temporary users of the airport. He stated that the RV sites are usually utilized by hang gliding instructors, who instruct several months out of the year at the airport. He stated that they instruct all over the world and stay in the RVs when they are in Lake County. He stated that permanent occupancy is defined by the statute as more than six months per year and the applicants will not violate that. He stated that they are not asking the Board for permanent occupancy and they are not going to charge anybody anything for staying in the RVs. He stated that it is an accessory use and the number of units involved are already allowed in the Ordinance. He stated that the applicants are only asking the Board to change those units from cabins to RVs. He stated that the Planning and Zoning Commission approved the request, by a 7-4 vote, with a caveat that they obtain site plan approval within six months, whether they build anything or not, which the applicants do not have a problem with.
Mr. Thomasson readdressed the Board and answered a question by Commr. Cadwell as to what the Board approved in the original CFD, stating that the original approval involved a list of about ten items, however, noted that the ones pertinent to the request this date are for approval of five (5) RV hookup sites and five (5) primitive cabins.
Mr. Minkoff, County Attorney, interjected that another change being requested this date is that the applicants want to have permanent water and sewer hookups, noting that the Ordinance does not allow it, so the RVs have to be self-contained and people have to use a bath house.
Mr. Thomasson informed the Board that the definition Mr. Crawford gave them for an RV park comes from the Florida Department of Business and Professional Regulation. He stated that it is staff’s position that it is a definition that does not factor into the request before the Board this date, noting that the definition staff is looking at is the one from the Department of Environmental Health, who, in conjunction with Lake County’s Growth Management Department, provides for the adherence of all state statutes. He stated that staff would like to recommend that a definition for temporary be implied, which is 30 days or less, per unit or per occupancy.
Commr. Cadwell questioned , if the applicants had come in with a site plan with five RVs and five cabins, whether it would have been approved, to which Mr. Thomasson replied that it would have been, providing it met all the requirements of the law.
Mr. Crawford readdressed the Board and addressed the issue of the email that Mr. Thomasson received regarding this case, stating that the definition that was being presented to the Board, with regard to permits being required for a mobile home park that has five or more sites set aside for RV vehicles shall comply with permitting, emanates from the Florida Statute that defines an RV park as being five or more sites for direct or indirect remuneration.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Pool stated that the key issue for him, with regard to this request, is that the applicants are asking for an exchange of five primitive cabins around the lake for five RV sites, for a total of ten RV sites. He stated that site plan approval will ensure that the water and sewer issues are taken care of. He stated that he feels such airports as the one involved with this request are unique and something the County needs to try to foster, expand, and help grow. He stated that he feels the facility has brought the citizens of south Lake County together and it has brought tourists into the County, at which time he questioned how many people such events bring into the County.
The Chairman reopened the public hearing.
Mr. Frank Menefee, the owner of the property in question, addressed the Board stating that Quest Air leases the airport from him. He stated that a hang gliding event is scheduled to be held at the airport April 12-18, 2003, and they already have people showing up to practice for the event. He stated that they expect to have approximately 100 competitors from 20 states and 20 foreign countries. He stated that, when such events are held, the participants get upset, because there are not enough electrical outlets for them to utilize and he does not want generators with gasoline engines running all night, because the participants fly for up to 100 miles per day and, when they come in at night, they like to get their sleep. He stated that it is an event like nothing one has ever seen, noting that 100 competitors are launched in 38 minutes. He stated that the event is good for the local economy, noting that the participants pack the hotels and restaurants in the area, because they bring their families with them, as well as their support groups. He noted that he has letters on file from the different businesses in the area, stating how much money the event brings in for them.
A motion was made by Commr. Pool and seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2003-31 - Frank and E. May Menefee/Jimmy Crawford, Esquire, Rezoning Case No. PH53-02-2, Tracking No. 91-02-CFD/AMD, a request for an amendment to an existing CFD (Community Facilities District) zoning, to allow for six (6) additional RV hookup sites and the deletion of the previously approved five (5) primitive cabins, with a condition that the RVs will be allowed to be occupied on the property for 30 days continuously, but only for six months out of the year.
Under discussion, Commr. Hanson stated that there is no designation for quasi-recreational/quasi-commercial zoning in the County, so the request has to be CFD (Community Facilities District), commercial, or agricultural. She stated that it has been mentioned for years that the County needs such a designation, yet the County still does not have one.
Commr. Stivender questioned whether Commr. Pool meant for his motion to include approval of permanent water and sewer hookups, to which he responded that he would like for the applicants to have it, however, noted that it will have to be figured out what is best for their location. She then addressed the issue of the temporary unit definition, at which time she noted that the applicants had ten units on the site and will continue to have ten units, it is just different types of units, in that the five primitive cabins will be exchanged for five additional RV sites.
Commr. Cadwell questioned what the applicant will do in the meantime, until the Ordinance is in effect.
Mr. Minkoff, County Attorney, stated that there is a current Code Enforcement Order that has given the applicants some time frames to comply with; therefore, if the Board approves the request this date, they will be in a position where they can complete those requirements. He stated that, if they do not meet the Code Enforcement time frames, then fines will be imposed.
The Chairman again closed the public hearing and called for a vote on the motion, which was carried, by a 3-2 vote.
Commrs. Cadwell and Hill voted “No”.
REZONING CASE NO. PH40-02-4 - R-1 TO CFD - LAKE COUNTY BOARD OF
COUNTY COMMISSIONERS/BOB STEVENS/DEPARTMENT OF PARKS AND
RECREATION/SYLVAN SHORES PARK - TRACKING NO. 70-02-CFD
Mr. John Kruse, Senior Planner, Growth Management Department, addressed the Board and explained this request, stating that the applicant is the Lake County Department of Parks and Recreation and the owner of the property is the Lake County Board of County Commissioners. He stated that the request is to rezone the Sylvan Shores public park property from R-1 (Rural Residential) to CFD (Community Facilities District), for construction of a gazebo and installation of playground equipment and other associated uses. He stated that the request came about when the Lake County Parks Department attempted to obtain a permit to have a gazebo constructed at the park and discovered that the zoning on the property was R-1, prohibiting them from doing so. He stated that staff reviewed the Comprehensive Plan and the Land Development Regulations and was recommending approval of the request, at which time he noted that specifics can be inserted in the Ordinance, as to what can and cannot be done at the park. He stated that the Planning and Zoning Commission recommended denial of the request, by an 8-1 vote.
Commr. Cadwell questioned what would happen, if the Board did not approve the request to have the property rezoned to R-1.
Mr. Kruse stated that, if the County wanted to do any physical improvements to the park, it would have to go through the Zoning Department for a zoning clearance and building permit.
Commr. Hanson stated that, once the individuals that wanted to have some improvements done at the park realized the zoning classification would have to be changed, in order to do so, they decided they did not want the improvements done.
Commr. Hill disclosed, for the record, that she had spoken with Mr. Dell Potter, Attorney and resident of the area, regarding this case, prior to the meeting.
Commr. Hanson disclosed that she had spoken to many people about the case, as well.
Mr. Carl Anderson, President, Lake Gertrude Property Owners Association, addressed the Board stating that Sylvan Shores Park is a delightful park and one that he uses. He stated that the irrigation system at the park went into disrepair many years ago, yet the park continues to thrive, without any improvements at all. He stated that there is no desire to fence the park, or restrict it, there is just a desire to let it be, just like it has been for years. He stated that said sentiments were expressed to the Planning and Zoning Commission and is also being expressed by the Lake Gertrude Property Owners Association this date. He stated that two other directors of the Association were present in the audience, should the Board wish to question them, Mr. Dell Potter, Vice President, and Mr. Bob Herndon, Treasurer, and a member of the Planning and Zoning Commission.
Commr. Hanson suggested that the Board withdraw the request, rather than deny it.
Commr. Hill questioned, if the Board was going to keep the zoning as it currently is, whether the County should not re-enter into an agreement with the Lake Gertrude Property Owners Association, as they have in the past, to leave the park as it is. She stated that she was aware of the fact that the property owners association is a voluntary one and questioned whether the County would retain the title to the park.
Mr. Sandy Minkoff, County Attorney, interjected that the park is a platted one and that it was dedicated to the public. He stated that the original agreement came about, because the property owners association did not like the level of maintenance that the County was doing at the time and wanted to maintain the park themselves, however, noted that he believed the agreement was with the Sylvan Shores Park Association, rather than the Lake Gertrude Property Owners Association. He stated that, at some point, the association determined they did not have the funding commitments to enable them to continue maintaining the park, so they cancelled the agreement and the County took over the maintenance of the park.
Commr. Cadwell stated that he felt if, in the future, the County decided to do something with the park that would be the time to rezone it.
Commr. Hill stated that she did not want to have the property rezoned, she was just stating that the County had a previous agreement with the homeowners for shared maintenance.
Commr. Hanson stated that she did not feel anything the Board did this date would preclude that from happening.
Commr. Hill clarified the fact that the County would retain the title and maintain the park. She stated that she just wanted to make sure that is what was going to happen.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board withdrew Rezoning Case No. PH40-02-4 - Lake County Board of County Commissioners/Bob Stevens/Department of Parks and Recreation/Sylvan Shores Park, Tracking No. 70-02-CFD, a request for rezoning from R-1 (Rural Residential) to CFD (Community Facility District), for construction of a gazebo and installation of playground equipment and other associated uses.
REPORTS - COUNTY ATTORNEY
ORDINANCE REPEALING APPENDIX A-11 OF THE LAKE COUNTY CODE
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to advertise an Ordinance repealing Appendix A-11 of the Lake County Code, regarding Health and Human Services.
REPORTS - COUNTY ATTORNEY
NOISE ORDINANCE
Mr. Sandy Minkoff, County Attorney, informed the Board that staff would be giving them a report on the Noise Ordinance at the Board Meeting scheduled for April 15, 2003. He stated that staff would be notifying all the people that attended the community meetings that were held, so he feels that a large number of people will probably attend that meeting.
REPORTS - COUNTY MANAGER
LEADERSHIP LAKE COUNTY GOVERNMENT DAY
Mr. Bill Neron, County Manager, informed the Board that Leadership Lake County Government Day is scheduled to be held on Wednesday, April 9, 2003, in the Board of County Commissioner’s Meeting Room, and that he felt approximately 45 minutes should be set aside for the Commissioners to be present and answer any questions the Leadership Lake County class might have.
It was noted that the meeting will be advertised as a public meeting and the public will be allowed to attend.
REPORTS - COUNTY MANAGER
WEKIVA LEGISLATION UPDATE
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the Board and gave them a brief update on the Wekiva legislation, noting that there are currently two Bills before the Legislature and one in the Senate, sponsored by Senators Constantine and Webster and the other one sponsored by Representative Brummer. He stated that it is anticipated, as of this afternoon, there will be an amendment proposed to the Senate, however, noted that he has not yet received it. He stated that Mt. Dora has several concerns and is interested in eventually working with the County to possibly hire a lobbyist to follow the matter. He stated that one of the problems is the definition of “rural character”, however, noted that he was not sure exactly what their problem is with it. He stated that the other concern relates to the transfer of development rights and the possibility of “takings claims”. He stated that he would be working with Mr. Sandy Minkoff, County Attorney, in reviewing the matter, to see if any amendment that is forthcoming does constitute that of a “taking”. He stated that, based on the amendment he expected to receive later this date, he would be able to give the Board some additional information regarding the matter.
Commr. Hanson stated that she would think the Planning Department would need to go through that language and give the Board a pretty in-depth report on what each thing means, what the impact will be to the County, and whether the County needs to get involved or not.
Mr. Welstead stated that the language, as drafted, requires that, following adoption of the legislation, the St. Johns River Water Management District, the East Central Florida Regional Planning Council, and all of the affected communities have a place at the table regarding it.
Commr. Cadwell stated that it looks like Lake County is going to mitigate the whole project for Orange, Seminole, and Lake counties and he has some concerns about it.
Commr. Hanson stated that, once it is defined where the boundaries are, that issue may go away. She stated that, if it truly encompasses the entire springshed, then the County needs to know that, however, feels that it takes away the selective or unfair implementation of the law.
Mr. Minkoff, County Attorney, suggested that the County have its outside firm keep the Board abreast of the hearing dates, so that he could keep them informed as to when it will be heard by committees. He stated that it will cost the County a few dollars to do it, but he feels it will be worth it.
Commr. Hanson stated that she felt, from a planning perspective, the Counties do not have as big a concern as perhaps the cities do, because much of this area is going to be taken in by the joint planning areas of Mt. Dora and Eustis, however, noted that she feels the cities have a very major concern, because of the infrastructure that they already have in place, or are planning in that area.
Mr. Neron stated that he hoped to set aside a short time during the next scheduled Board Meeting to give the Board an update on where the County is at this point in time with the legislative session. He stated that he will also ask Mr. Welstead to be prepared at that time to give the Board some written material and a better in-depth report as to where the County is. He stated that he liked Mr. Minkoff’s suggestion regarding the County’s outside counsel being hired to keep the County abreast of what is happening in Tallahassee, on a very limited basis, to at least know when things are happening, because there is no way the County can monitor it effectively at the local level.
REPORTS - COMMISSIONER HILL - DISTRICT 1
RESOLUTION SUPPORTING NO REDUCTION IN U.S. TARIFF ON IMPORTED
CITRUS (CONT’D.)
Commr. Hill thanked the Board for passing the Resolution supporting no reduction in U.S. tariff on imported citrus, noting that she realized Commr. Cadwell will probably have to argue the case at the State level for the Board, which will put him in a tight spot, but that she appreciated him doing so. She stated that the Agricultural Committee and the community thanks him as well.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
REORGANIZATION OF THE GROWTH MANAGEMENT DEPARTMENT
Commr. Stivender informed the Board that she asked Mr. Gregg Welstead, Deputy County Manager, to give her an update on the reorganization of the Growth Management Department and that she will provide each Commissioner with a copy of same, noting that she feels they should know what is going on with that department, such as how many people have been hired, what monies have been spent, and where said monies have been spent.
ADDENDUM NO. 1 (CONT’D.)
REPORTS - COMMISSIONER HANSON - DISTRICT 4
EQUAL PAY DAY IN LAKE COUNTY PROCLAMATION
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2003-34, proclaiming April 15, 2003, as Equal Pay Day in Lake County.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
SEXUAL ASSAULT AWARENESS MONTH IN LAKE COUNTY PROCLAMATION
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2003-35, proclaiming the month of April, 2003, as Sexual Assault Awareness Month in Lake County.
REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5
FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE DAY
Commr. Cadwell informed the Board that he would be leaving after the meeting to go to Tallahassee for Florida Association of Counties Legislative Day, as well as to attend several committee meetings, and would not be returning until Friday, March 28, 2003.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:20 a.m.
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WELTON G. CADWELL, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK