A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 21, 2004

            The Lake County Board of County Commissioners met in regular session on Tuesday, December 21, 2004, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Jennifer Hill, Chairman; Catherine C. Hanson, Vice Chairman; Welton G. Cadwell; Robert A. Pool; and Debbie Stivender. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; Linda Green, Executive Associate, Board of County Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.

            INVOCATION/PLEDGE

            Mr. Randy Van Alstine of Hospice of Lake & Sumter gave the Invocation and led the Pledge of Allegiance.

            RECOGNITION

            Commr. Hill recognized the following elected officials who were present: Ms. Anna Cowin, Lake County Superintendent of Schools; Mr. Scott Strong, Lake County School Board Chairman; Ms. Elaine Renick, Clermont City Council Member; Mr. Ray Goodgame, Clermont City Council Member; and Mr. Frank Royce, Mayor, City of Eustis.

            AGENDA UPDATE

            Mr. Bill Neron, County Manager, noted that there is an Addendum No. 1 with three consent items. He stated that Tab 3.5 is a contract item which does not require Board approval and should be pulled from the agenda.

            Commr. Cadwell stated that there are public hearings on the January 4, 2005, Board agenda. He asked if that meeting can start at 10:00 a.m. so Board members can attend the investiture of the new Lake County Sheriff at 9:00 a.m.

            Mr. Sandy Minkoff, County Attorney, stated that advertisements for public hearings indicate that the hearings will be held at 9:00 a.m. or soon thereafter and that postponing the hearings for one hour would be acceptable.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board placed on the agenda the subject of beginning the January 4, 2005, Board meeting at 10:00 a.m.

            Commr. Stivender was not present for the vote.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved to begin the January 4, 2005, Lake County Board of County Commissioners meeting at 10:00 a.m.

            Commr. Stivender was not present for the vote.

            At 9:05 a.m., Commr. Stivender arrived at the meeting.

            MINUTES

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of October 26, 2004, Regular Meeting, as presented.

            CLERK OF COURTS’ CONSENT AGENDA

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 7, as follows:

            Contractor Bonds


            Request for approval of Contractor Bonds: New, Cancellations and Reinstatements, as follows:


            New

            4814-05          Scott E Van Nuys/Central Florida Plumbing LLC

            6076-05          Larry K. Dobson/Dobson’s Wood & Water, Inc.

            6224-05          Larry Blake dba Larry Blake Contractors

            6225-05          Earl Andrews & Above & Beyond Lawn Sprinkler, Inc.

            6226-05          Andrew P. Lyn dba Drew’s Irrigation, Inc. 


            Cancellations

            3036-04          Donald R. Hardee dba Machine Control Repair, LLC (Electrical)

            5095-05          James Williams dba Williams Sales & Service, Inc.

            5939-02          Robert W. Riley, Jr. (Residential Contractor)

            5974-02          Barry’s Lawn Maintenance, LLC

            6005-04          David H. Stewart/Power Link Solutions, Inc. (Electrical)

            6075-03          Lee Ashley dba Certified Landscape Contractors, Inc.

            6133-04          Bradley N. Plough dba A B P Electric

            6163-04          Lee Ashley dba Girard Environmental Services, Inc.


            Reinstatements

            1550-02          James E. Moulton

            6090-05          Chris Herod dba Herod Pool Contracting, Inc.

            6097-05          JBD Builders, Inc.


            List of Checks or Warrants


            Request to acknowledge receipt of list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) 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.


            Florida Public Service Commission


            Request to acknowledge receipt of Consummating Order by the Florida Public Service Commission. In re: Application for transfer of majority organizational control of Brendenwood Water System, Inc., holder of Certificate No. 339-W in Lake County, from Paul E. Day to Deborah J. Miller, Docket No. 040276-WU, Order No. PSC-04-1158-CO-WU, Issued: November 22, 2004. By The Commission: By Order No. PSC-04-1054-PAA-WU, issued October 27, 2004, the Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above-mentioned docket. It is, therefore, ordered by the Florida Public Service Commission that Order No. PSC-04-1054-PAA-WU has become effective and final. It is further ordered that this docket shall be closed.


            Satisfactions and Releases of Fine


            Request for approval of the following five Satisfactions and Releases of Fine:


            In consideration of the payment of the sum of $650.00, Judgment-Creditor, Lake County, fully releases and discharges Judgment-Debtor, The Pantry, Inc., from any claims, demands, causes of action and judgments arising to the Order of Fine dated November 1, 2004.


            In consideration of the payment of the sum of $250.00, Judgment-Creditor, Lake County, fully releases and discharges Judgment-Debtor, Mehernosh Oil, Inc., from any claims, demands, causes of action and judgments arising to the Order of Fine dated November 1, 2004.


            In consideration of the payment of the sum of $550.00, Judgment-Creditor, Lake County, fully releases and discharges Judgment-Debtor, Island Food Stores, Ltd., from any claims, demands, causes of action and judgments arising to the Order of Fine dated November 1, 2004.


            In consideration of the payment of the sum of $800.00, Judgment-Creditor, Lake County, fully releases and discharges Judgment-Debtor, Island Food Stores, Ltd., from any claims, demands, causes of action and judgments arising to the Order of Fine dated November 1, 2004.


            In consideration of the payment of the sum of $650.00, Judgment-Creditor, Lake County, fully releases and discharges Judgment-Debtor, Island Food Stores, Ltd., from any claims, demands, causes of action and judgments arising to the Order of Fine dated November 1, 2004.


            Lighthouse Central Florida, Inc.


            Change of Name Notification: CITE: The Lighthouse for Central Florida, Inc. has officially changed its name to Lighthouse Central Florida, Inc. The effective date of the name change was September 1, 2004. The supporting documentation for the legal name change of this organization is attached to this notice. All other information remains the same, including Federal tax identification number, sales tax exemption number and 501 (c)(3) exemption. All correspondence, invoices, inquiries and checks should be directed to: Lighthouse Central Florida, Inc., 215 E. New Hampshire Street, Orlando, Florida 32804.


            Lake-Sumter Community College


            Received Report No. 2005-066, prepared November 2004, a Financial Audit of Lake-Sumter Community College for the fiscal year ended June 30, 2004. The audit of the financial statements was conducted pursuant to the provisions of Section 11.45, Florida Statutes, and applicable standards contained in Government Auditing Standards issued by the Comptroller General of the United States.


            Fruitland Park Annexation Ordinance


            Request to acknowledge receipt of Fruitland Park Ordinance 2004-023 (Mahan annexation) with attached Exhibits A & B.


            COUNTY MANAGER’S CONSENT AGENDA 

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3-15, pulling Tab 3.5, and adding Addendum No. 1, I A and B as follows:

            Budget


            Request for Budget transfer – General Fund, Department of Environmental Services, Water Resource Management Division, in the amount of $5,000.00 is requested. Transfer $5,000.00 from Reserve for Operations to Improvements Other Than Buildings. Funds are needed to install a pilot rainwater harvesting system to capture rainwater from the Environmental Services Administration Building roof for on-site irrigation. On June 23, 2004, the Lake County Water Authority voted to provide $5,000.00 for the implementation of this project. The total cost of the project was approved in Fiscal Year 2004, but has not been completed. Funds are available in Reserve for Operations.


            Request for Budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Public Works, in the amount of $335.00 is requested. Transfer $335.00 from Special Reserve to Machinery & Equipment. The Sheriff's Office has submitted a purchase request for one 2005 Chevrolet service van for $27,721.00. Twenty-one vehicles have been purchased in Fiscal Year 2005, leaving a balance of $27,386.00 in the Renewal Sales Tax Capital Projects Fund for Sheriff's vehicles and equipment. Additional funds of $335.00 are needed to purchase the service van. Funds are available in Special Reserve.


            Request for approval of Resolution 2004-202 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2004-2005 in the amount of $5,000.00 deposited into Contributions from Other Agencies and provide appropriations for the disbursement for Improvements Other Than Buildings for the Rainwater Harvesting Pilot Program. On June 23, 2004, the Lake County Water Authority voted to provide $5,000.00 for the implementation of this project. The total cost of the installation and upgrades is approximately $10,000.00. This project was approved in Fiscal Year 2004, but has not been completed.


            Request for approval of Resolution 2004-203 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2004-2005 in the amount of $35,000.00 from Volunteer Florida Foundation, Inc. deposited into Hurricane Relief and provide appropriations for the disbursement for Hurricane Relief.


            Community Services


            Request for approval and authorization for the Chairman to sign the Fiscal Year 2004-2005 Community Development Block Grant (CDBG) Partnership Agreement with Mid-Florida Community Services, Inc., in an amount not to exceed $10,000.00 to be used to deliver weekend meals to homebound senior citizens; and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.


            Request for approval and authorization for the Chairman to sign the Fiscal Year 2004-2005 Community Development Block Grant (CDBG) Partnership Agreement with Mid-Florida Community Services, Inc., in an amount not to exceed $20,000.00 to be used to transport senior citizens to congregate meal sites; and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.

 

            Procurement Services


            Request for approval to award the contract for the armored car services in accordance with RFP Number 04-072 to Loomis, Fargo & Co.


            Public Works


            Request for approval to accept one Statutory Quitclaim Deed, four Statutory Warranty Deeds, and two Temporary Non-Exclusive Construction Easement Deed and Perpetual Grading Easements as follows:

 

          Statutory Quitclaim Deed

            Larry Kruckenberg and Linda Kruckenberg, Fonseca Lane, OR Book 2680, Page 0351,

            road project.

          Statutory Warranty Deed

            Barbara S. Austin, Fonseca Lane, OR Book 2706, Page 2375, right of way.

            Suzanne Rogers, Keene Road, Road #8165, OR Book 2680, Page 0337, road project.

            Gary Harbison and Deborah Harbison, Keene Road, Road #8165, OR Book 2680, Page

            0344, clay to pave.

            David E. Warren, South Lake Trail, OR Book 2681, Page 0531, South Lake Trail.

          Temporary Non-Exclusive Construction Easement Deed and Perpetual Grading Easement

            Gary Harbison and Deborah Harbison, Keene Road, Road #8165, OR Book 2680, Page

            0347, clay to pave.

            Suzanne Rogers, Keene Road, Road #8165, OR Book 2680, Page 0340, road project.


            Public Works (Continued)


            Request for approval and authorization to release a Performance Bond in the amount of $6,600.00; accept a Maintenance Bond in the amount of $12,148.25; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Amantha Musselwhite, as Trustee; and execute Resolution 2004-204 accepting the following road into the County Road Maintenance System: Can Do Lane (County Road Number 3357) all relating to Musselwhite Farms. Musselwhite Farms consists of 12 lots – Commission District 3.


            Request for approval of a second extension Agreement, until August 1, 2005 of the Regional Park Grant for the National Training Center and authorization for the Chairman and County Attorney to execute the Agreement upon submittal.


            Request for approval and authorization to award Number 1346 Hooks Street Phase II and Number 1350 Citrus Tower Boulevard Construction Project Number 2004-13, Bid Number 04-148, to Steven Counts, Inc., and to encumber and expend funds in the amount of $2,319,313.04 from Road Impact Fee Funds. Benefit District 5 – Commission District 2.


            Request for approval and authorization to release a Letter of Credit of $298,892.00 posted for Performance; accept a Letter of Credit for Maintenance in the amount of $24,522.00; accept a Developer's Agreement for Maintenance of Improvements between Lake County and Ladd Development, Inc.; and execute Resolution 2004-205 accepting the following roads into the County Road Maintenance System: Vista Pines Loop (County Road Number 0833) and Mercado Court (County Road Number 0833A), all relating to Vista Pines. Vista Pines consists of 50 lots – Commission District 2.


            Request for approval and authorization to advertise for bids for County Road 46A Widening & Resurfacing Project Number 2004-09 at an estimated cost of $2,520,000.00 from the Infrastructure Sales Tax. Commission District 4.


            Request for approval and authorization to advertise for bids for Number 2713 Bridges Road Widening & Resurfacing Project Number 2005-01 at an estimated cost of $655,000.00 from the Road Impact Fee Fund. Commission District 3. Cost split 50/50 – Benefit Districts 4 and 6.


            Request for approval and authorization to advertise for bids for Number 3168 Duda Road Intersection Improvements Project Number 2005-04 at an estimated cost of $330,000.00 from the Road Impact Fee Fund. Commission District 3 – Benefit District 2.


            Request for approval and signature of Resolution 2004-206 to advertise Public Hearing for Vacation Petition Number 1041, by Harbor Hills Development LP, Representative Steven J. Richey, P. A., to vacate a utility and drainage easement, in the Plat of Harbor Hills, Unit 1, located in Section 13, Township 18, Range 24, in the Lady Lake area – Commission District 5.


            Information Technology (Addendum No. 1)


            Request for approval to expand the previously approved Document Management System into the Department of Environmental Services (DES) and other remote locations.


            Request for approval to enter into a Lease Agreement with the City of Leesburg Utilities for a secure fiber optic connection between the Department of Environmental Services Administration Building located at the County landfill and the County Administration Building located in downtown Tavares.


            Program Analysis and Contract Management (Addendum No. 1)


            Request for approval of the NET Contract with the Florida Commission for the Transportation Disadvantaged to provide transportation for the Medicaid Non-Emergency Transportation Program.


            PRESENTATION

            RESOLUTION HONORING FLORIDA’S NATURAL

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved Resolution 2004-194 commending Florida's Natural of Umatilla, Florida, for its provision of invaluable service to Lake County, Florida, during Hurricane Frances and Hurricane Jeanne.

            Commr. Hill recognized Commr. Stivender for her service to Lake County during the 2004 hurricane season. For the record, she read Resolution 2004-194 and presented it to representatives from Florida’s Natural.

            Mr. Jerry Smith, Interim Director, Lake County Emergency Management Division, presented a plaque from the 2004 Emergency Operations Center Storm Team to Florida’s Natural representatives.

            Commr. Stivender stated that Florida’s Natural, as well as other organizations, was there for us over the course of two or three months. She stated that the Board is very thankful to everyone who worked so diligently.

            PUBLIC HEARING

            EDUCATIONAL IMPACT FEE ORDINANCE

            Mr. Sandy Minkoff, County Attorney placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2004-87, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 22, LAKE COUNTY CODE ENTITLED IMPACT FEES; INCREASING THE EDUCATIONAL IMPACT FEE; REQUIRING A REGULAR REVIEW AND UPDATE OF THE EDUCATIONAL SYSTEM IMPACT FEE STUDY; ADOPTING THE STUDY ENTITLED IMPACT FEES FOR EDUCATIONAL FACILITIES IN LAKE COUNTY, FLORIDA, DATED DECEMBER 3, 2004; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE.


            Mr. Minkoff explained that the courts have ruled that impact fees can only be used to accommodate new growth, which means to increase the capacity. In the case of schools, the fees could only be used to provide new seats for students, new buses to transport students, or new back office type space as a result of increased growth. Impact fees cannot be used to correct existing deficiencies in the system, to enhance the current system or to pay salaries.

            Regarding the rational nexus test, Mr. Minkoff stated that a study was done by Mr. Randy Young, Henderson, Young & Company, which was reviewed by the Impact Fee Committee and by outside counsel, that goes through that process. There is a two-step test. One, it must be proved that the property is benefitted, and, secondly, when you apportion the impact out, there must be a study to show that the amount being charged is reasonably related to the impact that the new development causes.

            Commr. Hill recognized the efforts of the Impact Fee Committee, the Lake County School Board and staff members Ms. Wendy Wickwire, Impact Fee Coordinator, and Ms. Sherie Ross, Public Hearing Coordinator. She also thanked the print media and television stations for all the articles, editorials and cartoons, which kept the public interested and informed.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment.

            Mr. Bob Funk of Mount Dora pointed out that impact fees are the need to change the infrastructure because folks have moved into town. The payer is either the new resident or the rest of us. If the payer does not pay a full impact fee, the rest of the taxpayers have to pay higher taxes. He pointed out that the Board does not represent folks who are not here yet. He stated that more houses are of no benefit to retirees or those who do not derive an income from Lake County. He stated that, in 2003, the Board made an unscientific guess and raised impact fees. In 2005, taxpayers paid a lot of money for a study by an expert who came up with a number of $10,755. He stated that $7,055, which is being considered, is an appeasement to builders and others. He stated that, by approving an impact fee of $7,055, the Board is giving 30% off to people we have never even met. Mr. Funk stated that people who do not live here yet should not get off the hook and that current residents, many on fixed incomes, should not be forced to pay higher taxes because of the impact of newcomers.

            Mr. Greg Gruetzmacher of Classique Building Corporation stated that the money the School Board is getting is being used inefficiently and that needs to be addressed before money is pounded onto people building a house. He stated that impact fees on construction projects have gotten completely out of control. In referring to the School Board, he stated that the incompetency of people who need three people to do one person’s job needs to be addressed. He stated that the same house he built last year would cost $8,000 more this year. He stated that people in their 20s and 30s will not be able to afford a house at today’s prices. He stated that Superintendent of Schools Anna Cowin should look at what is going on within the School Board itself and address this issue. He stated that government interference in his business is worse than the competitor down the street and is ruining a lot of businesses.

            Mr. Don Allen, stated that he has been President of the Lake County Education Association, which represents more than 2,000 teachers, for eight years. He stated that he was encouraged when the School Board and County Commission held a joint meeting two years ago to discuss the growth issue and its impact on schools but, since that time, little has happened to relieve the problem. He stated that school overcrowding has reached a critical level. He stated that he has witnessed classes being held on stages, in hallways and even in converted storage rooms. The more fortunate teachers are being placed in co-teaching situations which mean that there is one room for two teachers with approximately 50 students. Some teachers are forced to float from classroom to classroom each period of the day carrying all of their supplies. He stated that teachers are not happy with their working conditions and students, and their parents, are not happy with their learning conditions. He stated that, unfortunately, judges are not ordering the construction of classrooms nor is the legislature appropriating the necessary dollars to build those facilities. Mr. Allen stated that Lake County does have a concerned School Board and County Commission but they have been seemingly deadlocked for quite some time. As time passes, the crisis deepens. He stated that year-round schools were thought to be the answer at one time. But, teachers, administrators and parents from Tavares Elementary School have said it was not good for educating children and it certainly disrupted family lives. He stated that the increased use of portables is another possible solution which may become reality. His experience in teaching in a portable in Broward County was that students were shortchanged despite his best efforts and expertise. Failure of elected officials there to address the overcrowding problem was one of the major reasons he moved his family to Lake County nearly 25 years ago. He stated that he was dismayed to read that some of Lake County’s elected officials actually support double sessions as a solution. He stated that he has taught in double sessions and it is even worse than year-round schools or teaching in portables. He stated that no research that demonstrates the impact of double sessions on student learning is available because, nationwide, double sessions have only been used as a short-term fix until adequate facilities can be constructed. He opined that Lake County does not want to be the guinea pig for determining the long range effect of double sessions for our children. He stated that a fair impact fee needs to be enacted that provides the dollars to build classrooms that are so desperately needed. He stated that we need to plan for responsible growth because growth is inevitable.

            Commr. Hanson commented that double sessions were brought up, not as a recommendation, to indicate that there have been many problems with overcrowding through the years. She stated that the point was to try to come up with other solutions to go along with impact fees. She noted that Lake County was one of the first counties to implement school impact fees. She stated that she sees the Board and the School Board as working toward solutions.

            Mr. Scott Strong, Chairman of the Lake County School Board, asked the Board to support the recommendation of the Impact Fee Committee. He stated that he supports the impact fee increase and he supports the equitable facilities for our children. This will accommodate growth and will accommodate a fair and reasonable environment for educating children. He stated that many developers have come to the Board and the School Board and have paid the gap fee. He opined that adopting anything less than the impact fee at its fullest level will undermine the cooperative nature that those previous developers, who represent a huge segment of the market, have shown.

            Mr. Travis Whigham, President of Forest Hills Association, stated that there is a need for increasing the impact fees, but he opined that we are going way overboard on the amount of the fee. He stated that he proposes, as he has done previously, that the impact fees should be $5,000, and that either $1,000 or $1,500 should be imposed as a residential transfer fee whenever someone buys an existing home. He explained that the impact fee currently is a one-time fee but a home could be sold ten or fifteen times over the period of 20 to 30 years. Those additional buyers of the same home, many with children, are not paying one dime toward the schools. He stated that the residential transfer tax could create a lot more income for schools and it would be good for every county in the State of Florida.

            Commr. Hill stated that the residential transfer fee issue has been debated in the legislature for probably the last four years.

            Commr. Pool stated that he supports the transaction fee concept but the legislature must agree to it.

            Commr. Cadwell remarked that the legislature has said they will do that for the counties, giving them a local source, but the counties would have to give up their right to impose any impact fee. He stated that there is no middle ground.

            Mr. Jim Bible, of Showcase Homes and representing the Home Builders Association of Lake County, opined that impact fees are not the way to fund new growth. Of the proposed $7,055, approximately $3,000 is associated with what normally would have been credits for new growth. When a new home is built, that customer is paying taxes and their millage is also going to fix existing problems. He stated that there is no credit associated with that in the study. He stated that the base study came up with exactly the same price, about $3,500, for impact fees as last year’s study. Five hundred dollars were then added only because the adult-living communities were taken away. Using the same methodology as before, the impact fee would be approximately $4,000 today. But, because the study is not giving credits for the taxes that the new growth is paying, another $3,000 is being added. He stated that the School Board is just coming up with different ways to justify higher costs without any reality to it. He stated that the impact on homeowners is devastating. Home construction costs have gone up so that a $150,000 house is now $175,000 and buyers must now downsize and eliminate certain amenities. He stated that, when pulling a building permit, fees associated with that permit are approximately $16,000 to $18,000 and many cities are also adding impact fees. He stated that 1,200 and 1,300 square foot houses will now cost $150,000. Mr. Bible referred to a table in the impact fee study which shows the School Board with a $106 million deficit last year. He stated that they reduced their millage last year. He stated that the School Board has no answer for what amount of growth they could manage. If the County stops growth, it would make the School Board broke. He stated that the School Board is trying to transfer their problems, and the financial impacts they are seeing for years and years of mismanagement, to new growth. He stated that his company is focused on people from the community such as teachers, police officers and firemen who are trying to buy their first or second house. He stated that last year’s impact fee was based on a five-year study but now the School Board’s study shows they need three times that amount. He stated that the School Board has to address the mismanagement and the funding that they are doing. He stated that the Home Builders Association supports the kind of broad-based fee where everyone is paying their fair share. He stated that impact fees are not the way to go and definitely not the increase that the Board is seeking today because it is becoming a major impact on the affordability of homes for the people that live here.

            In response to an inquiry by Commr. Stivender, Mr. Bible stated that probably 60% or 70% or more of the working people in Lake County would fit in the bracket that Commr. Stivender lives in, not the million dollar houses.

            Commr. Stivender stated that she had a call from the mother of a teacher in an overcrowded school requesting that the impact fees be raised. She stated that the point is that the teacher would not be able to afford a house on her own as the impact fees increase. She stated that, while helping fix one area, a problem is being created in another area.

            Mr. Bible stated that construction drives the Lake County engine and will until more industries are brought in, but industries do not come in until they see more rooftops.

            In response to an inquiry by Commr. Pool regarding the support of an impact fee, Mr. Bible stated that they do not support the impact fee. He stated that everyone has lived with the impact fees that are in effect but they are not paid without question. He stated that every time the impact fees are raised, existing housing stock raises by that number. The increases just bring up the appraised value for everybody although no increase in taxes is seen because the existing house is locked into the 3% maximum annual increase under the Save Our Homes amendment. There would be an increase in taxes if there was some kind of tax on the transfer of that property. He stated that citizens love the increased equity in their houses. Buyers who bought 1,800 square foot houses eight years ago for $103,000 are selling them for $190,000 and only when they are sold are the new taxes in effect.

            Commr. Hanson commented that there are ramifications for the artificial increase in the value of existing homes and that people may not be able to build or buy an existing home.

            Mr. Bible stated that the School Board needs a lot of help, perhaps even having an outside committee to oversee their construction.

            Commr. Pool stated that, if the schools are failing and overcrowded, people will not want to move here no matter what the home price is. He stated that homebuilders in Central Florida have been very successful and the building activity in Osceola County, where impact fees are more than $9,000, has not slowed down one bit. He stated that no one enjoys raising fees but a decision must be made on how to continue.

            Mr. Bible stated that the housing market is different in Osceola County because investors from overseas buy houses in Osceola County by the thousands as investment homes and, because of the dollar, they do not care what the price is. Building within the community for the community is a whole different structure. He confirmed that they will still sell houses but the houses will be smaller.

            Regarding Commr. Hanson’s questions about an oversight committee for the School Board’s building program, Mr. Bible stated that there are excellent construction and business people in the community. He stated that the School Board creates a new school and then takes two schools away which creates less capacity. He stated that new schools are built which do not provide for room to grow at those schools. He acknowledged the state constraints that cause schools to be overcrowded the day they open. He opined that the oversight committees are joint efforts between county commissions and school boards. He stated that the County Commission has the purse strings for the new money but has no management oversight.

            Commr. Hanson stated that some sort of oversight committee was discussed when the impact fees were increased last year. She agreed that there is no accountability back to the Board.

            Mr. Bible stated that the impact fee study only uses the maximum numbers allowed by the state and has nothing to do with the local cost to build a student seat.

            Commr. Stivender stated that impact fees will not eliminate the problems and that probably Superintendent Cowin will have a committee with a program where the Board will be involved with how the money is spent. She stated that she has friends in the school system who have told her that money is being wasted on a daily basis on new construction.

            Commr. Hill stated that the Impact Fee Committee included a clause in the proposed ordinance that deals with oversight. Under Sec. 22-25, “... the School Board shall provide an accounting report on an annual basis ... and shall give an annual accounting presentation to the Lake County Board of County Commissioners.” She explained that clause also says the Board will look at it, in depth, every three years.

            Commr. Hanson opined that might not be the same thing as having folks from the business community function as an oversight as opposed to a report.

            Commr. Hill expressed confidence that the School Board will continue to accommodate the Board as they have in this past year.

            Mr. William Hyde, of Fowler White Boggs Banker, a law firm in Tallahassee, stated that he was retained by the Home Builders Association of Lake County to provide a legal analysis of this proposed impact fee. He stated that he would focus on a few highlights that, he thinks, make this a particularly indefensible impact fee proposal. He stated that there are a few incontrovertible things that the consultants and attorneys cannot get around, as much as they might give advice to the contrary. He stated that these impact fees for schools will be the highest in the state, by far, which is incontrovertible.

            In response to a remark by Commr. Pool that Osceola County’s impact fees are more than $9,000, Mr. Hyde stated that he would not think of it as an article of pride that the Lake County fees are just barely behind Osceola County.

            Secondly, Mr. Hyde stated that it will drive up the cost of new housing. It will make housing less affordable and that will have a disproportionate effect on the less well off, which is incontrovertible. Third, Mr. Hyde stated that we are not just talking about a $10,000 school impact fee. He stated that most people finance their houses with 30-year mortgages, making this a mortgaged $10,000 fee which, over time, could be $30,000 or $40,000. Fourth, he stated that it plainly discriminates between the existing housing stock and the new stock because the new stock gets hit with it while the old stock does not. Mr. Hyde stated that this approach sucks money out of the new housing community and nobody else. He stated that the most important thing it fails to do is to take account for, or give a credit for, the ad valorem taxes to be paid in the future. He stated that it fails to count for, or give a credit for, contributions from other sources like the local sales tax increment or from PECO (Public Education Capital Outlay) funds which are given by the state to help with building costs. He stated that it fails to reflect that an average new house price in this community is significantly above that of an existing house. He stated that is generally true everywhere but it is particularly true here. He stated that, because existing home assessments are held down by the Save Our Homes amendment, it means, when people come in with a new house, they get whacked really hard because they are buying a more expensive house. They are paying an impact fee that the existing house does not pay, and they are going to be assessed at 100% of today’s market value. He stated that there are many people in this community who have lived in their house five, ten or thirty years and are getting a really good ride from the Save Our Homes amendment. He stated that shows how it discriminates against the new home. He stated that new home purchasers pay twice for the same capital expenditure because they pay, what he believes to be plainly excessive, up front, impact fees, and then they pay higher ad valorem taxes during the next twenty to thirty years. He stated that they get no credit for those higher impact fees in the calculations of the per student costs. He opined that is the main point he wants to make today. He stated that there are other aspects of it that he finds very questionable, legally, such as its failure to account for relocatables. That is, basing the cost per student station on the maximum allowed by the state as opposed to taking into account what local costs might be. He stated that it makes an assumption that ancillary facilities, like administrative building costs, will grow on a pro rata basis with the student growth. He stated that most people do not believe that to be the case. In conclusion, Mr. Hyde gave the following example to which, he said, no one has come up with a good response. Assume you have two homes in this community. One is a new $300,000 home that is purchased by a retired couple, perhaps empty nesters, that will have $15,000 to $17,000 in impact fees, including the school impact fees. Those empty nesters will not exacerbate the school problem at all yet they will pay for it. He compared that to an existing $150,000 house bought by a young family with four school-age children. He stated that the existing house will not be hit with an impact fee but it will, without a doubt, have a much more significant effect on the school population. He stated that is an irrational basis for imposing an impact fee and is just not logical. He remarked that is just saying a new house has some indefinable impact on children who move into this community and put demands on our schools. He stated that is a spurious conclusion. He stated that he disagrees with the consultants and attorneys who will say this is legally defensible. He stated that, even if the Board does not accept his arguments about credits and ad valorem assessments and PECO funds, he wants the Board to ask themselves a few questions. Is it fair to the new home purchaser? Will it drive up the cost of new housing? He stated that it will. Will it make housing less affordable, especially for the less well off? He stated that it will. Is it logical? He stated that it is not because there is no cause-effect relationship here and this is just a way of grabbing some money within this overall community to get more funds. Is it good public policy? He stated that it is not. He stated that he understands what the School Board is saying when they say they need more money, but two wrongs do not make a right. He requested, on behalf of his clients, that the Board vote the fee down, or, at the very least, give it some further consideration and thought as to a more appropriate and equitable way to raise funds for the schools.

            Mr. Dan Robuck, owner of a building supply business in Lake County, stated that what the Board does today will not affect his lifestyle. He stated that his company has stores in three other counties that do not have high impact fees. He stated that this will not stop business in Lake County because retirement communities are not affected by the impact fees and we will continue to have higher income persons. He stated that it will affect the average person. He stated that last year, when impact fees were raised, no one from the building construction industry and the Home Builders Association was present to oppose it and they are trying to be good stewards and trying to live with what can be done. He stated that this increase will be a 572.6% increase in less than two years on the impact tax on new homes. He stated that hurts the working people and is taking the dream of owning a home away from more and more people. He stated that, according to yesterday’s newspaper, the 2003 average salary in Lake County was $27,716 and it is very difficult for those people to pay an extra $7,055. He stated that a person with a 30-year mortgage at 7.5% will have to work one week and one day every year for thirty years to pay the $7,055 tax. He stated that someone needs to speak up for the working class people. He pointed out that rents will go up and make it more and more difficult to find an affordable place to live. Mr. Robuck stated that the short prepayment time, just until January 15, 2005, is almost unconscionable because people applying for a loan need 90 days to get their loans through. He stated that even people who have loans in the process will get hit with this fee and some of those people will not be able to requalify. Mr. Robuck presented the May 2003, Report No. 03-185, audit of the school system by Florida’s Auditor General. (A copy of Report No. 03-185 was presented to the Deputy Clerk and is included in the backup material.) He pointed out that the School Board did not have a five-year plan when the audit was prepared, nor did the School Board know what it owns or how much equipment it has. He suggested that the Board might want to consider waiting until School Superintendent Cowin’s task force finishes because she might find some ways to cut things. He asked if the Board is convinced that the School Board is really spending their tax funds wisely. He reiterated that the implementation date of January 15, 2005, is not fair.

            Commr. Pool suggested that, probably, when cost increases come to Mr. Robuck’s business he adjusts his prices quickly, not every 90 days.

            Mr. Robuck confirmed that he adjusts prices every 30 days and that he wishes he could adjust them on a daily basis.

            Commr. Pool stated that Lake County enjoys a very strong building industry. He remarked that the School Board has requested that the Board not approve anything else in south Lake County. That would be a moratorium which would not benefit anyone.

            Mr. Robuck stated that he was not asking the Board to do away with the current $4,000 fee. He stated that tax dollars have to be spent wisely and the School Board has had superintendents who did not listen to it.

            Commr. Hanson stated that she understands that the new study recommendation was not based on increased costs but used the formula and methodology differently.

            Mr. Robuck asked if the School Board will want another 300% or 400% increase next year. He explained that the 572.6% increase was based on the $1,200 fee being increased to $7,200.

            Mr. Scott Culp, Vice President of CED Capital Holdings, the largest affordable housing provider in the State of Florida, Vice Chairman of the Coalition of Affordable Housing Providers for the State of Florida, a member Florida’s Affordable Housing Study Commission and a member of Governor Jeb Bush’s Hurricane Housing Task Force, referred to his December 20, 2004, letter to the Board. (A copy of the letter was presented to the Deputy Clerk and is included in the backup material.) He stated that the letter refers to affordable housing communities that are in process in Florida, and particularly in the development process in Lake County. He stated that he recognizes the need for the increase and is trying to balance the need against the impact on affordable housing here in Lake County. The affordable housing communities that come before the Lake County Affordable Housing Advisory Committee have a fairly lengthy process through both local and state agencies. He stated that they are restricted under federal guidelines to rental rates that are based upon a formula on the median income for the metropolitan area. The rents have actually had to go down because that income is restricted in a gross amount which includes utilities. As utilities go up, the rents have to come down for that family. He stated that several communities, which have been approved by Orange County Housing Finance Authority (HFA) for an issuance of tax exempt bonds on behalf of Lake County and have been through the Lake County Affordable Housing Advisory Committee, are in danger of not being economically feasible or sustainable at these new increased rates. Mr. Culp stated that Central Florida has had the benefit of a status that HUD (U.S. Department of Housing & Urban Development) designates on an annual basis of a DDA (Difficult Development Area) status. That DDA status provides an additional 30% of federal tax credits on each of those affordable housing communities. That DDA status has been lost for Central Florida so the 30% equity is no longer attainable. He remarked that the ability to develop affordable housing communities in Central Florida, Lake County in particular, in the coming year is drastically being impacted. Lake County has communities that have been approved and are in the development approval process. He read from paragraph three of the letter as follows “... we respectfully request that affordable housing communities that have received approval from the Orange County Housing Finance Authority and/or the Lake County Affordable Housing Advisory Committee during 2004 receive a deferral of the increased school impact fee amount during the affordability period ...” He stated that the ability of these communities to proceed relies upon this deferral. The combination of the DDA loss and the increase in these fees and all the increased costs are making it very difficult to continue to provide affordable housing. He stated that all of these communities went through underwriting with Orange County HFA and with other outside underwriters to look at the financial feasibility. They all went through utilizing the current fee structure because this process started at the beginning of 2004 with applications going to the State in March. These communities, with more than 450 affordable rental homes, will be getting their permits in the next 90 to 120 days. He reiterated that it will be very difficult to proceed with these communities with this increase.

            Mr. Culp explained that HUD’s DDA designation was published in the Federal Register at the end of November 2004 and is effective January 1, 2005.

            Commr. Cadwell pointed out that the Board waives 50% of the impact fee now on low income housing and waives 75% on very low income.

            Mr. Culp remarked that the waiver is paid through other sources and is not actually eliminated. He stated that there are Lake County municipalities that have already passed resolutions saying they are not agreeable to the prepayment so two affordable housing communities that have been approved by Orange County HFA for issuance of tax exempt bonds for Lake County will not have the ability to prepay the fees.

            Mr. Sandy Minkoff, County Attorney, commented that the City of Leesburg probably will honor prepayments which are made through the County system so people in Leesburg do have the ability to prepay until January 15, 2005.

            Mr. Culp stated that he has specifically been told that he cannot prepay.

            Commr. Hill stated that prepayments may not be taken by the City of Leesburg but she assured Mr. Culp that the County will take them.

            RECESS & REASSEMBLY

            At 10:30 a.m., Commr. Hill announced that the Board would take a 15 minute break.

            PUBLIC HEARING - EDUCATIONAL IMPACT FEE ORDINANCE (CONTINUED)

            Mr. Culp stated that he has spoken with the County Attorney and the Impact Fee Coordinator who indicated that, for multi-family communities, there is no prerequisite to being able to come to the County and prepay the current impact fee prior to the new effective date.

            Mr. Egor Emery, President, Lake County Conservation Council, stated that they have long been involved in impact fees. He stated that it took a long time to try to convince people that impact fees are a good thing. A number of people have come before the Board and the cities this past year and have agreed to pay impact fees if they could get their developments moved forward. He expressed shock to see that developers were, in fact, coming around to the idea that impact fees help pay for growth. If growth paid for itself, we would not have problems with our infrastructure such as schools, roads and fire. While residents pay for services through taxes, there is still a problem of an unsustained growth rate. He stated that those people who are causing the impact need to pay the impact. He stated that the Lake County Conservation Council supports the impact fee increases as they were originally proposed. He expressed disappointment to see the pull back from that original position while understanding the political necessities of that. He asked the Board to consider something that was proposed many years ago which needs to be enacted and which will lessen the problems going forward. He asked the Board to fix the impact fees to a cost increase method such as cost of living or inflation or cost of increase in the median value of a home so that growth continues to pay for itself and so that a new study is not needed every couple of years to raise the fees.

            Commr. Cadwell pointed out that the lower price was not out of political necessity but was out of legal necessity.

            Mr. Emery stated that he advocates what it actually costs and would fight to prove what it actually costs. He opined that the studies show real numbers.

            Ms. Anna Cowin, Lake County School Superintendent, stated that this is a new era of cooperation. She stated that there is a real obligation to constituents to make sure that what is presented is factual and actual and that those numbers can be trustworthy. She stated that she hopes to bring trust back to the school system if it has been lost. She explained that she has a cadre of topnotch people who will be reviewing every single aspect of the school system from finances to facilities to income to personnel. She stated that she is committed, regardless of how this issue is settled, that this impact fee should be evaluated on a regular basis. The class size reduction amendment represents 30% of actual classroom costs and the school system is paying more for building schools. She stated that it now costs $15 million to build an elementary school and it costs $55 million to build a high school. She stated that Lake County is growing by 2,000 students each year, however, large schools do not provide quality education and she will propose reducing the size of schools so that administrators can actually manage them.

            Supt. Cowin stated that Tallahassee thinks it has to be revenue neutral. They do not mind if the local governments raise taxes, but Tallahassee will not vote for an increase in tax. She proposed that a simple solution might be a bill where the local government can compensate for the higher impact fee by putting an impact on existing homes. She opined that something like that could be passed in Tallahassee. She stated that she has had conversations with at least three builders about opening up the option of having schools being built by builders and leasing them back. She stated that we can look at giving credit if that happens. She stated that donating land is not sufficient when looking at the dollars that we have with the current impact fee.

            Regarding the impact fee study, Supt. Cowin stated that she was not completely supportive of the $10,775 because of the methodology that was used. She stated that, if we can bond the money that comes in on the impact fees and get it no later than February 1, 2005, we can cooperatively work to try and get an alternative to raising impact fees that can be revisited. This amount of money will credit this amount so that we can get a revenue neutral issue. She stated that the school system knows that a middle school, a high school and probably two elementary schools are necessary in south Lake County alone. The actual revenues of the PECO money over the years have decreased and every other source of revenue has been tapped, including the share of the one cent sales tax. She stated that ad valorem taxes generally go for operation so that money cannot be taken. She stated that the school system needs to be economical in expenditures and she is committed to make sure that the way it does business in administration and the ancillary personnel is not duplicative. She stated that she is hopeful that the increased revenues that may come in through the increased appraisals from the County might be able to be returned to the taxpayers if operations are decreased, or, at least, used in a way that is overseen and spent where the need is. She stated that the suggestion of having an oversight on a continuous basis is a good one. Another good suggestion is having home builders come in a group and oversee the cost of some of the materials, providing it does not delay construction time. She stated that she wants the public to be part of the process. She stated that the School Board is a good board but there has not been one person that has been able to steer the ship that has known everything about the different areas. She stated that they are going to try and have that happen, steering the ship, and working cooperatively with all the different people. She stated that they are also working with the cities so that, maybe, some municipal buildings can be built with them in an effort to leverage the dollars. Supt. Cowin stated that her dream is having a school that is not all portables. Portables do not last beyond 15 or 20 years and they count as classrooms and can be used against the schools by the State. She stated that she wants to have solid structures that meet all the state requirements and she wants to increase the salaries of the teachers. She stated that we need to look in other directions instead of waivers of fees and handouts. She stated that we need to provide the training so our employees can raise up their ability to do a job and then be paid accordingly because that brings up the economic development of the area and, hence, makes it worthwhile to live here.

            Supt. Cowin committed to the home builders that she will work with them, that she will work to make sure schools are built efficiently, that we have the equipment and materials at a reasonable cost and that we are using the funds and the taxpayer’s dollars in a fair and equitable way. She expressed her willingness to work with the Board in oversight, in accountability issues and in every new venture in planning of getting dollars for our schools.

            Mr. Carl Ludecke, of Charlie Johnson Builders and a member of the Lake County Affordable Housing Advisory Committee, stated that a lot of affordable housing applications are on a six-month calendar, particularly the rural housing Section 502 Direct Loans which are funded by the U.S. Department of Agriculture. He stated that a January 15, 2005, deadline will be tight and that he would appreciate more time, possibly until March or April. He noted that Lake County is a service county, with an average income of $27,000, and it will take a long time to get to $20.00 per hour, and retail and support people will always be necessary.

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

            In response to an inquiry by Commr. Pool regarding a sliding scale based on the price of a home, Mr. Minkoff explained that the fee is based on the impact, which is the number of students. If the fee was based on value, it would become a tax and would be in violation.

            Commr. Cadwell stated that the elected School Board and elected Superintendent have asked the Board for this tool that they need to try to provide the classrooms. He stated that there are two questions the Board has to answer. First, is it defensible in the courts? He stated that the answer is yes, especially since the fee has been brought down. Second, how will it affect affordable housing and the economy and will it shut either of those things down? He opined that the answer to that is no. For the last twelve years impact fees have been in effect and the same argument has been heard over and over but the County continues to grow, at an alarming rate in some parts of the County. He stated that the School Board needs this tool and that the Commission has a responsibility to give it to them.

            In response to an inquiry by Commr. Hanson, Mr. Minkoff stated that there is nothing in the proposed ordinance that would preclude the Superintendent from creating an oversight committee.

            Commr. Hanson stated that a committee needs to be formed, in cooperation with the School Board, in an effort to get recommendations from the business community and other educators on how to build better and more cost efficiently.

            Commr. Cadwell asked if language in the ordinance would indicate that the School Board and the Superintendent would appoint a committee.

            Commr. Stivender stated that the language could be similar to the ordinance language which created the Lake County Sales Surtax Oversight Advisory Committee.

            Commr. Hanson stated that she would feel more comfortable having the language in the ordinance.

            Mr. Minkoff opined that it could not be required because the School Board is a separate constitutional agency but it could be encouraged.

            Commr. Stivender requested that these committees look at how we can help subsidize or assist the segment of the population, such as those who work at Wal-Mart or teachers, firefighters or construction workers, who are not in the higher pay range and who cannot afford to build their own houses.

            Commr. Cadwell advised that there are two programs, Affordable Housing by Lake and the Affordable Housing Advisory Committee, which help low income residents.

            Mr. Bill Neron, County Manager, stated that the SHIP (State Housing Initiatives Partnership) program and other housing assistance programs do help people buy homes in Lake County.

            Commr. Stivender requested staff to report, at a later date, on those and other programs which help offset costs. She stated that there should be options, including coming back and reducing the impact fee or adding to it.

            Commr. Cadwell stated that Affordable Housing by Lake has been asked to make a presentation to the Board at a later date.

            Commr. Pool stated that it is important to try to ensure that quality facilities are built and that impact fees are necessary to build schools and attract people to the area. He pointed out that a 60 or a 90-day moratorium would adversely affect everyone. He stated that raising the impact fee is imperative.

            Commr. Hill thanked the Impact Fee Committee for their diligent work over the last year. She stated that someone will have to pay these costs. She remarked that another American dream is that of having a good public education. She explained that all the credits go toward existing repairs in the current student population while the impact fees will go to new construction for future growth. She added that the School Board’s five year plan was evaluated during the Impact Fee Committee’s process and recommendation.

            A motion was made by Commr. Cadwell for approval of Ordinance 2004-87, as read by title only, with language included in this motion, not in the ordinance itself, which would encourage the Lake County Superintendent of Schools and the Lake County School Board to set up an oversight committee.

            The motion failed for the lack of a second.

            A motion was made by Commr. Hanson, and seconded by Commr. Pool, for approval of Ordinance 2004-87, as read by title only, with an implementation date of February 1, 2005; with language in the motion encouraging the Lake County School Board and the Lake County Superintendent of Schools to work with the Lake County Board of County Commissioners in developing an oversight committee.

            Under discussion, Commr. Hanson stated that she, as a former teacher, understands the quality of education that is absolutely necessary for Lake County. It has been an issue for many years. She reminded everyone that this Board, as well as previous Boards, has been there, consistently, to vote for impact fees when the School Board has asked for them. She emphasized the importance of accountability and her confidence that the Board will have it.

            Commr. Stivender stated that she worked on the original impact fees in 1986 and again when the School Board came forward. Impact fees were not raised for many years because the School Board did not ask for them to be raised. She stated that, all of a sudden, it became crucial that they be raised when it became a problem, putting everyone in a bind. She stated that these things have to be worked on ahead of time and that we should not react to what has happened in the past. She stated that she will vote the way she does not want to vote because it has to be done. She apologized for that and stated that she will work hard with the new Superintendent to correct it. She promised that we will go backwards on these.

            Commr. Hill called for a vote on the motion which passed unanimously, by a vote of 5-0.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            PUBLIC WORKS - STEVE’S ROAD PROJECT

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the request from Public Works for approval to accept right of way deeds from five (5) property owners, listed below, in conjunction with the Steve's Road Project and authorized reimbursement to the School Board for construction costs for a segment of Steve's Road by the East Ridge High School, as previously approved by the Board. (Statutory Warranty Deed accepted from (1) John and Marisa Miceli, Donald and Nancy Potts and Property Development and Management; (2) First Christian Church of Clermont, Florida; (3) Homer Allen; (4) KMH Limited Liability Company; and (5) East Ridge Properties, L.L.C.)

            Commissioners Hill and Pool presented a check in the amount of $288,184.00 to School Superintendent Anna Cowin and School Board Chairman Scott Strong as reimbursement to the School Board for construction costs for a segment of Steve’s Road by the East Ridge High School.

            PUBLIC HEARING

            LOT LINE DEVIATION/ADJUSTMENT ORDINANCE

            Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2004-88, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 14.12.05, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED FINAL SUBMITTAL (LOT LINE DEVIATION/ADJUSTMENT); REMOVING BOUNDARY SURVEY REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE.


            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved Ordinance 2004-88, as read by title only.

            PUBLIC HEARING

            FFY 2003 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION

            REPORT - COMMUNITY DEVELOPMENT BLOCK GRANT DIVISION


            Ms. Liz Eginton, Community Development Block Grant (CDBG) Director, presented the Consolidated Annual Performance and Evaluation Report (CAPER) for Federal Fiscal Year 2003, which is Lake County Fiscal Year 2003-04, for citizen comments at today’s public hearing. (A printed copy of the PowerPoint presentation is included in the backup material.) The CAPER is being presented for Board approval so that it can be submitted to the U.S. Department of Housing and Urban Development Jacksonville Field Office. The presentation included the following points:

          FFY 2003 CAPER Overview

          Expenditures - Drew down $920,171 from the County’s line of credit with the federal government covering nine projects.

          Accomplishments - Paved sand roads in Lake Kathryn; sidewalks in City of Tavares; ADA improvements at Montverde Town Hall; Health Department prescriptions to 361 low income persons; weekend frozen meals to weekday meals-on-wheels deliveries; transport homebound seniors to congregate meal sites; replaced roofs on two homes;

          Accomplishments - 15.2% of this year’s CDBG funds were spent for program administration. The remaining funds have been reprogrammed to Phase 4 of paving in Lake Kathryn. Took an active role in hurricane response and recovery; helped to establish a Homeless Continuum of Care for the four-county area, including Lake; received Board approval for the Community Enhancement Area program; brought the Town of Lady Lake into the Urban County Program.

          Partners


            Commr. Hanson commented that the meals-on-wheels program is very backed up and additional funding may be necessary in future years. She asked about the possibility of using CDBG funds for sidewalks in the Sorrento area and in certain areas in Mount Plymouth. She remarked that a partnership with the State might allow that work to get done although there is very little right of way.

            Ms. Eginton stated that she hopes that some of these folks will come back under the Community Enhancement Area Program.

            Commr. Stivender stated that the same kind of partnership with the State might happen in Okahumpka on the work on County Road 470.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment.

            Mr. Travis Whigham, President, Forest Hills Association, Inc., stated that he has gotten approval to use an old fire station as a community center for the Forest Hills area. The Association does not have funds to pay for insurance on the building. He suggested that CDBG funds could be wisely spent on youth centers and youth organizations in the rural areas. Getting the children involved would give them a better chance to further their education.

            Ms. Eginton asked Mr. Whigham to contact Mr. Bill Gearing who is the Community Enhancement Coordinator.

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

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the Federal Fiscal Year 2003 Consolidated Annual Performance and Evaluation Report (CAPER) and directed the Department of Community Services to transmit the report to the U.S. Department of Housing and Urban Development Jacksonville Field Office.

            PUBLIC HEARINGS - ROAD VACATIONS

            PETITION NO. 1025 - BURGESS, TRUSTEE / MOUKHTARA

            Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval and execution of a resolution for Vacation Petition Number 1025 by Burgess, Trustee / Moukhtara, Representative Steven J. Richey, P.A., to vacate a portion of right of way and cease maintenance on a portion of a County-maintained roadway known as Myrtle Lake Avenue ( Number 5405), located in Section 8, Township 19 South, Range 24 East, in the Fruitland Park area, Commission District 1. In referring to the map, he stated that this vacation has been worked on for the last twenty years. This is the only access to the Wingspread subdivision to the south. By parcels and lot lines being adjusted, there is no legal access issue. He stated that there have always been maintenance problems in this area because of a downhill curve. Staff recommends approval for the vacation.

            Commr. Hill stated that a lot of people use this clay road and asked what access those people have. She stated that she gets a lot of calls about traffic and there is not a lot of road structure out there.

            Mr. Stivender stated that, while traveled, the road is not legal access. A private right of way from the new end of County maintenance is being worked on to satisfy any future plans for lots in the area. He explained that there probably will be improvements, at a later date, at the intersection of County Road 468 and Myrtle Lake Avenue and Urick Street on the other side.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved Resolution 2004-207, Vacation Petition Number 1025, a request by Burgess, Trustee/Moukhtara, Representative Steven J. Richey, P.A., to vacate a portion of right of way and cease maintenance on a portion of a County maintained roadway known as Myrtle Lake Avenue (Number 5405), located in Section 8, Township 19 South, Range 24 East, in the Fruitland Park area, Commission District 1.

            PETITION NO. 1039 - ERIC H. COE

            Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval and execution of a resolution for Vacation Petition Number 1039, by Eric H. Coe, Representative Bowen & Campione, P.A., to vacate utility easements, in the Plat of Park at Wolf Branch Oaks Phase 4, located in Section 24, Township 19 South, Range 27 East, in the Sorrento area, Commission District 4. In referring to the map, he stated that there is no public purpose in the easements and staff recommends approval to vacate.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved Resolution 2004-208, Vacation Petition Number 1039, by Eric H. Coe, Representative Bowen & Campione, P.A., to vacate utility easements, in the Plat of Park at Wolf Branch Oaks Phase 4, located in Section 24, Township 19 South, Range 27 East, in the Sorrento area, Commission District 4.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)

            PUBLIC WORKS - LAP AGREEMENT FOR LAKESHORE DRIVE

            Mr. Jim Stivender, Jr., Public Works Director, presented the request for adoption of a resolution and the Local Agency Program (LAP) Agreement between Lake County and the Florida Department of Transportation (FDOT) for Lakeshore Drive Paved Shoulder Project FPN 413312-1-58-01. He explained that there are a lot of maintenance problems along Lakeshore Drive, from County Road 561 to the Lake Susan Bridge, and the adoption of this resolution will allow the paved shoulder project to move forward with the understanding that funding will come at a later date. He pointed out that this does not include the intersection improvements which will come at a later date.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved Resolution 2004-209 and the Local Agency Program (LAP) Agreement between Lake County and the Florida Department of Transportation (FDOT) for Lakeshore Drive Paved Shoulder Project FPN 413312-1-58-01.

            REPORTS - COUNTY ATTORNEY

            COVANTA LITIGATION CASE - CLOSED SESSION TRANSCRIPTS

            Mr. Sandy Minkoff, County Attorney, stated, for the record, that closed session transcripts for the Covanta litigation case will be included with the backup material for today’s meeting for the public record. The Board authorized signatures on all closing documents for the Covanta settlement and refinancing of bonds at its December 7, 2004, meeting.

            REPORTS - COMMISSIONER POOL - DISTRICT #2

            TRANSPORTATION ISSUES - GRASSY LAKE AREA

            Commr. Pool discussed south Lake County transportation issues which include the need for other road corridors. He stated that there are many willing participants along a corridor outside Minneola along the Grassy Lake corridor which would connect from the U.S. Highway 27 area, going east to the Turnpike. He wanted the Board to be aware of the concerns and partnerships in that location. He stated that this is an opportunity for approval by the Board to try to be ahead of the curve and put some roads in place today before the need is there tomorrow. He opined that the City of Minneola is asking for the opportunity to proceed with some of these road corridors and wanting to direct staff to have this on a speedy timetable. He stated that the School Board wants to build an elementary school, a middle school and a high school in the Grassy Lake Area and infrastructure improvements need to be prepared for and planned for now. He recommended that this issue should be presented to the Lake-Sumter Metropolitan Planning Organization (LSMPO).

            Commr. Stivender pointed out that most of these roads are already in the road program to do and one section might have to be done by the developer.

            County Manager Bill Neron stated that a presentation will be made at the Board’s January 4, 2005, meeting.

            REPORTS - COMMISSIONER STIVENDER - DISTRICT #3

            PROCLAMATION - DR. MARTIN LUTHER KING, JR.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved Proclamation 2004-210 proclaiming that Monday, January 17, 2005, shall be observed as a day to celebrate the life and dreams of Dr. Martin Luther King, Jr.

            Commr. Stivender reminded the Board to attend a breakfast at 7:30 a.m., Friday, January 14, 2005, when she will present the proclamation.

            Commr. Hanson, a lifetime member of the NAACP (National Association for the Advancement of Colored People), challenged each of the other Board members to become lifetime members of that organization.

            REPORTS - COMMISSIONER CADWELL - DISTRICT #5

            UMATILLA AREA COMMUNITY PARK

            Commr. Cadwell reported that a community meeting was held regarding the park in the Umatilla area. Citizens’ recommendations were taken into consideration regarding two possible sites. There will be a display at the Umatilla Library for a couple of weeks and citizens can review the display and leave comment cards. A presentation will be brought to the Board after that time.

            REPORTS - COUNTY MANAGER

            PEAR PARK UPDATE

            Regarding acquiring additional land for PEAR Park, County Manager Bill Neron reported that the environmental testing and subsequent work that may be required are still ongoing processes. The closing date for the purchase of the additional 25 acres is scheduled for the end of January 2005. He expects to bring a report to the Board during the first part of January.

            OTHER BUSINESS

            2004 HURRICANES - WIND DRIVEN RAIN

            Regarding wind-driven rain throughout the State during the recent hurricanes, Commr. Pool asked if there are techniques or issues that will create a building permit that will ensure that homes are sealed. He stated that, if it takes a technical amendment to strengthen or put more teeth in the County’s ordinance, which would ensure that people would not have wind-driven rain come through their homes, it should be done. He suggested following the City of Winter Garden’s lead and doing something similar to their ordinance.

            Mr. Dale Greiner, Director of Building Services, stated that the Florida Building Commission (Commission), in early December, received testimony from Orange County, from other people in the industry and the Florida Homebuilders Association and that Lake County contributed to a survey which was done by Orange County. It was the conclusion of the Commission that there is not enough information to make any substantiative changes to the code at this time. Forensic-type studies and investigations are being done. Mr. Greiner opined that the City of Winter Garden had a knee-jerk reaction to the problem. He suggested that a technical amendment to the code should not be done without enough information to base it on. He remarked that the primary cause of the wind-driven rain damage is still not known and experts will present information to the Commission. He estimated that information will be coming from the Commission in February or March 2005.

            RECESS AND REASSEMBLY

            At 12:00 noon, Commr. Hill announced that the board would take a 30-minute break.

            PUBLIC HEARINGS - REZONING CASES

            AGENDA UPDATE - POSTPONEMENT

            REZONING CASE PH#78-04-2 - LADD DEVELOPMENT, INC.

            JON VANDERLEY/COUNTY LINE CONSTRUCTION - TRACKING #86-04-CFD

            Mr. Jeff Richardson, Planning Manager, Planning and Development Services Division, Department of Growth Management, stated that the applicant and representative for Rezoning Agenda No. 4, Rezoning Case PH#78-04-2, Ladd Development, Inc.; Jon VanderLey/County Line Construction, Tracking #86-04-CFD, are requesting a postponement on this case. The site for the Imagine School will be relocated to Hartwood Marsh Road and the applicant plans to readvertise the legal description and appear again before the Lake County Zoning Board before coming to this Board on January 25, 2005.

            DISCLOSURES

            Commissioners Hill, Stivender, Hanson and Pool disclosed that they have talked to persons relating to all cases on today’s rezoning agenda.

            Commr. Cadwell disclosed that he spoke to the applicant’s representative on Agenda No. 11, Rezoning Case PH#77-04-3.

            Commr. Pool announced that he will recuse himself from the postponement vote on Rezoning Case PH#78-04-2, Ladd Development, Inc., Jon VanderLey/County Line Construction, Tracking #86-04-CFD, because Mr. VanderLey is a business associate of his in Orange County. (Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was submitted by Commr. Pool and is included in the backup material.)

            AGENDA UPDATE - POSTPONEMENT (CONTINUED)

            REZONING CASE PH#78-04-2 - LADD DEVELOPMENT, INC.

            JON VANDERLEY/COUNTY LINE CONSTRUCTION - TRACKING #86-04-CFD

            Commr. Hill opened the public hearing portion of the meeting and called for public comment regarding the postponement of Rezoning Case PH#78-04-2, Ladd Development, Inc., Jon VanderLey/County Line Construction, Tracking #86-04-CFD. There being no public comment, the public hearing was closed.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried by a vote of 4-0, the Board approved the postponement of Rezoning Case PH#78-04-2, Ladd Development, Inc., Jon VanderLey/County Line Construction, Tracking #86-04-CFD until January 25, 2005.

            Commr. Pool abstained from the vote, as previously noted.

            REZONING CASE PH#69-04-3 - RICHARD H. LANGLEY

            TRACKING #82-04-PUD/AMD (ARROWTREE PUD)

            Ms. Jennifer Dubois, Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#69-04-3, Richard H. Langley, Tracking #82-04-PUD/AMD (Arrowtree PUD) a request to rezone from A (Agriculture) to PUD (Planned Unit Development. She showed the aerial map (which is included in the backup material) and stated that the applicant wishes to incorporate the 14.7-acre subject parcel into the existing Arrowtree PUD, specifically to add the property to Lots 70 through 75 of Arrowtree Reserve, Phase II. Staff recommends approval of the request with the condition that the wetland portion of the parcel be placed in a conservation easement which shall be shown as an overlay on the reconfigured Lots 70 through 75 on the partial replat of Phase II of Arrowtree Reserve.

            Mr. Dale Ladd, for Richard Langley, stated that the rezoning request is to facilitate that these lots become lakefront lots. Mr. Langley thought that he owned the property to the lake when he bought the property. Mr. Ladd stated that they agree to the recommendations of staff and this will just give legal access to the lake.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Lake County Zoning Board and approved Ordinance 2004-89, Rezoning Case PH#69-04-3, Richard H. Langley, Tracking #82-04-PUD/AMD (Arrowtree PUD), a request to rezone from A (Agriculture) to PUD (Planned Unit Development).

            CASE LPA#04/5/2-2 - HART FAMILY, LLC - STEVEN J. RICHEY, P.A.

            TRACKING #4-04-LPA

            Ms. Jennifer Dubois, Planner, Planning & Development Services, Department of Growth Management, presented Case LPA#04/5/2-2, Hart Family, LLC, Steven J. Richey, P.A., Tracking #4-04-LPA, a request to amend the Future Land Use Map (FLUM) of the Lake County Comprehensive Plan, designating a 142 +/- acre parcel from Rural to Urban Expansion. The property is located in the Clermont area, northeast of the intersection of Hancock Road and Hartwood Marsh Road and lies within the approved Clermont Joint Planning Agreement (JPA) area. She showed the map which is included in the backup material. Staff originally issued a recommendation of approval of the proposed amendment. On July 15, 2004, the Lake County Local Planning Agency (LPA) voted 5-2 to recommend approval of the requested change in land use. On August 24, 2004, the Board voted 3-2 to transmit the proposed amendment to the Florida Department of Community Affairs (DCA); however on November 4, 2004, DCA issued its Objections, Recommendations and Comments (ORC) report in which it requested that the Board deny the adoption of the proposed amendment.

            Mr. Steve Richey, representing the applicant, stated that the DCA has lingering concerns because Lake County has not yet adopted amendments to update the Comprehensive Plan based on the recommendations of the Evaluation and Appraisal Report (EAR). He stated that the next rezoning agenda case is the rezoning of this piece of property.

            Mr. Greg Beliveau, LPG Urban & Regional Planners, Inc., representing the applicant, stated that DCA, in their ORC report, addressed urban sprawl. He stated that the applicant finds this is not an issue because the parcel is surrounded on three sides by urban expansion and/or the City of Clermont. He referred to documentation previously presented to staff. (A copy of the document “Discouraging the Proliferation of Urban Sprawl” was presented to the Deputy Clerk and marked as Exhibit A-1 for the Applicant.) He stated that there are existing road networks to the south and to the east and the applicant is providing additional right of way to the west. Existing utilities are being supplied by the City of Clermont in the vicinity, and the applicant has a backup utility provider to address utility needs if the City continues to take the position of not providing utilities. He stated that Exhibit A-1 also documents the growing population pressure in south Lake County to support the fact that growth in this area is consistent and is a continuum of a trend that has been going on for over a decade. Mr. Beliveau stated that the site does provide aquifer recharge. He stated that they will not draw additional water from the aquifer, no wells will be added, and existing utility systems will be utilized. Those systems already have their Consumptive Use Permits approved. Regarding transportation, he presented a December 21, 2004, letter from Mr. Sans Lassiter, Lassiter Transportation Group, Inc., to the Deputy Clerk which was marked as Exhibit A-2 for the Applicant.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment.

            Mr. Egor Emery, President of the Lake County Conservation Council and a resident of Eustis, stated that he spoke in opposition when this case came before the Board the first time. He stated that he does support DCA’s position because this does represent sprawl. He stated that this is the County approving what should be a City of Clermont approval. He stated that this project will affect the water usage because, regardless of where the water is pulled from, it does come out of the aquifer. He asked the Board to begin to follow the premise that urban development should up to the cities. He urged the board to deny this request.

            Mr. Wayne Saunders, Clermont City Manager representing the Clermont City Council (City Council), stated that the City Council reviewed this project. He stated that he is delivering the same message he did during the Board’s transmittal hearing in August. That message is that the City Council feels that a change in land use, particularly a large parcel like this that is adjacent to the City and is a part of the JPA, should not occur until the County Commission has had the opportunity to adopt a revised Future Land Use Map for that area. He reported that County staff and City staff have made a lot of progress on the Future Land Use Map and hope to have it in a form to present to the Board in time for the first submittal in 2005. He stated that it is very important to wait until the map is in place because it will give a clear picture of this whole JPA and what it should be. He stated that this proposed land use change will have an impact on the City.

            Regarding a utility provider, Mr. Saunders stated that, even though Lake Utilities says they would serve the parcel, the City of Clermont does have an agreement with Lake Utilities that they will not come into the City’s area and serve it unless the City of Clermont agrees to allow them to come in. Regarding the impact on the aquifer, Mr. Saunders stated that their Consumptive Use Permit, to his knowledge, did not include the future development of this particular parcel. Therefore, there would be an impact to the permits for water and to the aquifer.

            Mr. Saunders reiterated the message from the City Council. They are so close to having the intent of all the JPA in place and so close to having a Future Land Use Map in place for this entire area and the City hates to see a continuance of piecemealing of land use changes until there is a clear picture of what the whole area should be.

            Commr. Pool pointed out that there are projects further to the east of this on Hartwood Marsh corridor and beyond the sand mine that the City of Clermont provides with utilities.

            Mr. Saunders confirmed that the City agreed to provide utilities beyond the project that was the old abandoned mine after the County approved those projects.

            Commr. Pool remarked that he believes that this is Clermont and that the JPA ensures that densities, setbacks, landscaping, buffering and sidewalks placed on the land would be consistent with the City of Clermont.

            Mr. Saunders stated that they have found that, in going through the Future Land Use for both the City and the County, mistakes have been made by the City Council and by the Board of County Commissioners. He stated that they do not want to repeat those mistakes. He stated that this is an opportunity to develop a Future Land Use plan for what is left, rather than continue making the same errors. He stated that what has happened in the past has created a strain on the schools, on the parks and on the utilities. He stated that this may be the last opportunity for a large section of land to do something that will assure the same mistakes are not made again. He stated that the City Council does not think it is too much to ask to wait until the Board makes that final step on what was agreed to 18 months ago which is getting the Future Land Use Map in place in the JPA.

            Commr. Pool asked Mr. Saunders if this piece of property could ever become an industrial zone or a commercial zone.

            Mr. Saunders stated that he does not see it becoming an industrial complex but does think there is an opportunity for mixed use on this property. He stated that one of the issues is density.

            Commr. Pool stated that the densities of this project are consistent with densities of projects located to the east on Hartwood Marsh corridor.

            Mr. Saunders confirmed that there are similar densities in the area and he reiterated that perhaps a mistake was made on those densities because of the impact those densities have had on all of the infrastructure.

            In response to an inquiry by Commr. Hanson, Mr. Saunders explained that they have looked at the proper use of these areas. Some all-residential areas should be job centers or commercial. Some commercial areas should be residential. It is not just a matter of density but is the big picture of trying to see what all of these properties should be for the future.

            Commr. Pool stated that he knows that, while he was on the City Council, the City Council worked very closely on the State Road 50 corridor and recognized the need for the commercial ventures on the Hancock/S.R. 50 corridor. He stated that the project on the southwest quadrant was preplanned in those locations and was specifically set aside for commercial activity. He stated that he does not see the benefit of commercialization or industrialization of the subject property.

            Commr. Hill asked Mr. Saunders if he sees any use other than residential for the subject property a year from now. She stated that people have even opposed a school on the site.

            Mr. Saunders stated that things are happening so rapidly in south Lake County and that, perhaps, a mixed use town center project would be appropriate. He remarked that he does not know what will happen to the large mine area that adjoins the subject property and that it may stay industrial forever. He stated that he cannot say today that only residential would be appropriate for the subject property. He stated that City staff and County staff are trying to identify what the appropriate uses would be and be able to bring that back to the Board for an adoption.

            Commr. Pool stated that he is excited about the school in that location. He opined that this is consistent with Clermont’s future land use and seamless with setbacks, landscape and densities.

            Mr. Saunders stated that the City Council’s whole point is to let the process play out rather than asking what opinions are. He stated that the process that was agreed to 18 months ago with the JPA should be completed. He stated that the Future Land Use Map should come back to this Board and then make a recommendation for the use of the subject property. The JPA process should go through the Lake County Local Planning Agency and through the public hearings.

            Commr. Cadwell opined that the majority of the Board thinks that this will be the use for the subject property after the JPA is completed. He stated that he voted against transmitting the change to the DCA in August and that he will vote against the adoption today.

            Regarding the Future Land Use Map, Commr. Stivender asked if staff has a sort of consensus that this is going to be residential in this area.

            Ms. Amye King, Manager for Comprehensive Planning, Department of Growth Management, confirmed that there is a rough draft of the map based on the wishes of both staffs without gathering all the data and inventory analyses that are required.

            Ms. Elaine Renick, member of the Clermont City Council, stated that she does not understand what the rush is and why it needs to be done today.

            Commr. Pool stated that he sees things happening today that could change in five or ten years. He stated that the densities are what this is all about. If he has a chance today to dictate what density may go on that site, then he is happy with that master plan. He stated that he has a vision for a master plan for south Lake County and those densities are very important. He stated that today, 2.5 or 2.2 units per acre, is far better than what it may be at 12 and 13 units on apartments in the future. He stated that he and Ms. Renick will not always be in office and setting a plan in place today, which is consistent with the area, is a good plan. He stated that this is a nice project that can be done correctly the first time and there is a school site in place which is important. The town centers or apartments may not have a school site.

            Ms. Renick asked if there is a need for the school because of this residential development. She stated that the City of Clermont is asking the Board to wait, DCA is asking the Board to wait and the School District is asking the Board to wait.

            Commr. Pool stated that the School District is begging to have the school on line and is not asking the Board to wait.

            Ms. Renick stated that property rights are not being talked about today. She stated that this piece of property is rural right now and will not be anything other than rural until the Board decides to change it. She reiterated the request to take time to look at this.

            Mr. Richey remarked that there has been nothing quick about this process. He stated that it has been 18 months, including a six-month moratorium on any more applications for zoning. He stated that the moratorium was lifted because the JPA does not require one. He stated that the JPA does not require the County or the City to stop zoning applications. He stated that this is in Clermont’s 180 district (F.S. Chapter 180 utility districts) and the City said they would serve this area. He stated that utilities are not an issue in the sense of capacity. He stated that today’s request is consistent under Lake County’s current Comprehensive Plan. He stated that this does not create urban sprawl under the criteria of urban sprawl. He stated that the Local Planning Agency recommended this request saying this is the hole in the doughnut that is surrounded by consistent density. He stated that Clermont has approved developments of a higher use beyond the subject property. He stated that the City of Clermont wants the Board to stop doing things while the City continues doing things. He stated that it is not fair to the Hart Family to be held up an inordinate amount of time. Mr. Richey stated that Mr. Saunders, at the transmittal hearing in August, said he would anticipate this being residential. He stated that the School District wrote a letter in support of this rezoning and look forward to having this school site. He stated that capacities are there, utilities are there and the roads are there to accommodate this basically small residential community.

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

            Commr. Pool opined that this plan is consistent with what has happened in and around the community. He stated that there are areas outside the corporate limits of Clermont today that Clermont is eyeing to annex to bring about the City’s densities and the plan will still be consistent. He stated that he feels very strongly that what is taking place here is correct. For the record, Commr. Pool stated that he does not know Mr. Hart and he is not doing this for Mr. Hart. He stated that this is the right location for what is going to happen and he sees the school as an asset in this parcel. He stated that this parcel is surrounded by Clermont on three sides with densities that exceed this further to the east.

            A motion was made by Commr. Pool and seconded by Commr. Stivender for Board approval of Ordinance 2004-90, Case LPA#04/5/2-2, Hart Family, LLC, Steven J. Richey, P.A., Tracking #4-04-LPA, and adoption of the request to amend the Future Land Use Map (FLUM) of the Lake County Comprehensive Plan designating a change of the 142 +/- acre parcel from Rural to Urban Expansion.

            Under discussion, Commr. Hanson stated that there have been other land plan amendments in this same area that have created this hole in the doughnut and are the reason we find ourselves in the place that we are now. She stated that she will be consistent on large land plan amendments and will vote against this amendment.

            Commr. Hill called for a vote on the motion which passed by a vote of 3-2.

            Commissioners Cadwell and Hanson voted “No.”

            REZONING CASE PH#73-04-2 - LADD DEVELOPMENT, INC.

            STEVEN J. RICHEY, P.A. - TRACKING #78-04-Z

            Ms. Jennifer Dubois, Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#73-04-2, Ladd Development, Inc., Steven J. Richey, P.A., Tracking #78-04-Z, a request to rezone from A (Agriculture) to R-4 (Medium Suburban Residential). She showed the aerial map (which is included in the backup material) and stated that this case is the residential rezoning request associated with the previous land use plan amendment. R-4 zoning permits a maximum of 4.0 dwelling units per acre and will take precedence over the point system density of 4.5 dwelling units per acre. The applicant is seeking to rezone 133 acres of the Hart property for the creation of a single-family residential subdivision. Staff recommends approval of the request based on the consistency with the Land Development Regulations and the Comprehensive Plan. The applicant has not submitted a conceptual plan yet which would indicate the overall density.

            Commr. Pool interjected that he will not approve 4.5 units per acre. He stated that he wants to make sure someone has a plan that is different from the 4.5.

            Commr. Hanson stated that, in the past, the Board encouraged larger developments to be Planned Unit Developments (PUD) so that densities could be restricted.

            Ms. Dubois stated that provision or policy is no longer in place and the applicant is allowed to come in for a straight rezoning if they so desire.

            Mr. Steve Richey, representing the applicant, stated that they have applied for R-4 zoning. He stated that the proposed Land Development Regulations for the Joint Planning Agreement (JPA) area work out to 2.5 units per acre. He stated that they will not be able to get through the process in the next six to nine months to come in with construction plans without being subject to those rules. He stated that, in addition, they have to go to the City of Clermont for utilities and in that process will be limiting the density process to below the 4.0 units per acre. He stated that they requested R-4 because, under the proposed Land Development Regulations, to get 2.5 units to the acre, you have to have R-4. He stated that 2.5 units to the acre are generally what they have averaged down there and that is what they are proposing to do.

            Commr. Pool stated that 2.5 units per acre are consistent with what is in the area. He wants to be sure that is what is being considered.

            Mr. Richey stated that, if the school site is moved and approved and takes away some of the R-4, they will be reducing the density. He stated that they will have to come back in and look at rezoning the school site that is abandoned. He stated that they are proposing 2.5 units per acre on 133 acres. He stated that this is a straight rezoning because the school is a separate application and uses are not being mixed. He stated that the R-4 zoning with the current Land Development Regulations, taking out current water retention and current requirements, works out to 2.5 units to the acre.

            In response to an inquiry by Commr. Hanson regarding clustering, Mr. Richey stated that this development will be consistent with what is next door which is a straight subdivision. He stated that is what the proposed Land Development Regulations (LDRs) in the JPA will require. He stated that the LDRs encourage the larger lots, the 2.5 units to the acre with a minimum lot size, and do not accomplish clustering.

            Mr. Sandy Minkoff, County Attorney, stated that the process is far enough along that zoning in process would be used. He explained that, under the old rules, 4.0 units to the acre could be accomplished under R-4 zoning. Under the new LDRs which impose the new minimum lot size, the units per acre are taken down to 2.5. Those LDRs are designed, in a way, to encourage PUDs. He stated that there is no minimum lot size in R-4.

            Mr. Richey stated that is not accurate. He stated that, when you take the physical land, with the stormwater and the boulevards and other requirements, you cannot physically get 4.0 units to the acre under the current LDRs.

            Mr. Minkoff reiterated that there are no minimum lot sizes in R-4 zoning. He explained that, under the new rules, minimum lot sizes will be imposed in R-4 which are similar to the City of Clermont’s rules. When there is a minimum lot size, with streets and retention areas, the density is greatly reduced and that would encourage a PUD if small lots were desired. For the Clermont JPA, the minimum lot sizes will be put into the Lake County Code.

            Mr. Richey reiterated his assumption that the new JPA LDRs will prevail upon this piece of property.

            Commr. Hanson stated that the problem is that minimum lot sizes often preclude clustering from occurring. She noted that the adjacent King’s Ridge development is clustered because it has a golf course.

            Mr. Richey stated that this development will not have a golf course but it will have open space in relation to stormwater and open space as amenities for kids.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment.

            Mr. Ray Goodgame, Clermont City Council Member, stated that today’s problem is that the school, currently planned for the northwest corner of the property, will be moved. He stated that this vote could wait 30 days until the school relocation is done. He stated that no one in Clermont is comfortable seeing this request approved with the school sitting there. He asked the Board to delay this vote for 30 days until the school is relocated.

            Mr. Egor Emery, President of the Lake County Conservation Council and a resident of Eustis, stated that he understands many of the issues being discussed. He stated that he hoped that, as we move forward with the effort to revise the Comprehensive Plan, there would be a way for citizens to be able to understand what goes on here. He stated that he understands Mr. Richey’s remarks that stormwater affects density, but the law says 4.0 units per acre. He opined that this property will be in the City of Clermont someday and that the City should make the decisions. He stated that the property owner should go to the City and that this Board should choose to send them to the City. He stated that he looks forward to learning more about Commr. Pool’s plan. He stated that the Board will help everyone if it supports the JPA. He stated that the way to support the JPA is to support it today and to direct the applicant to talk to the City.

            Commr. Pool stated that years ago people had an advantage in developing in the County over a city but today it is a level playing field with consistent rules.

            Mr. Emery stressed that the reality is that the Board will be approving 4.0 units to the acre today.

            Ms. Michelle Hemenway, of Hartwood Pine Subdivision which abuts the 133-acre parcel, stated that she is speaking for the homeowners of the subdivision. She requested a 25 or 30-foot buffer zone around their subdivision. She stated that the residents, whether in the middle of the subdivision or abutting the new development, definitely want a buffer zone.

            Commr. Pool stated that there will be a buffer.

            Mr. Wayne Saunders, Clermont City Manager representing the Clermont City Council (City Council), stated, for the record, that the City Council would recommend that this rezoning request be denied today, or at least postponed until the JPA process is finished. Under the current County codes, the applicant is entitled to 4.0 units per acre which is in excess of anything else, including King’s Ridge. If the LDRs are adopted and if there is nothing placed there that allows anyone that is in the process before that to be grand fathered in, and if this can be done in time, the development probably will be approximately 2.5 units. He stated that they can still ask for a PUD or ask for variances for lot sizes, at higher densities, and that they could build 4.0 units to the acre as it stands today. He requested a postponement or denial.

            Mr. Richey stated that a 30-day delay would be a hardship because there are some contractual obligations. He stated that they want to know what their development rights will be on the majority of the site before spending money next week. He stated that the 20-acre subdivision next door is built at 2.5 units to the acre and is zoned R-1 in Clermont and is exactly consistent with what they are proposing. He stated that, with the LDRs in place, and with the requirement of central water and sewer, they are not talking about anything of high density. If rezoned to R-4, and, if they do not get central water and sewer from Clermont, they will have to build 2.0 units to the acre on wells and septic tanks. He stated that all the development community has been using proposed LDRs, handed out by staff, for six months.

            Regarding buffering, Mr. Richey stated that they will have houses against houses. He stated that there may be stormwater or open space along the border. He stated that the LDRs do not address buffering but he will, in fact, deal with that.

            Regarding the school, Mr. Richey stated that the School District will advertise part of the parcel which is being zoned R-4 next month. If the school does not buy the property, or if something falls through, or if Board does not approve the school, all of the parcel will still be zoned R-4.

            Commr. Pool stated that part of this approval process is trying to acquire and get a school built in that location. He stated that is the key that the applicant is still providing the site, just in a different quadrant.

            Mr. Richey stated that the school, a charter school, has looked for dozens and dozens of sites before locating this one.

            In response to an inquiry by Commr. Stivender, Mr. Richey confirmed that R-3 zoning only gives them 2.0 units per acre under the LDRs.

            Further discussion occurred regarding densities on different sizes of projects in R-4 zoning.

            Commr. Hanson remarked that clustering could be done if not for the minimum lot sizes.

            Mr. Richey explained that there is 20% to 25% open space on a subdivision right now when the roads, right of way and water retention areas are taken out.

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

            Commr. Pool stated that his goal all along was to see a school on this site which will serve surrounding neighborhoods. He stated that he believes that the overall density will be 2.5 units per acre and that has been promised today. He stated that he also wants to make sure that there will be a buffer, of some type, between the two neighborhoods.

            Mr. Sandy Minkoff, County Attorney, confirmed that the buffer cannot be included in the ordinance language because this is not a PUD.

            Mr. Richey stated that he has no problem with a developer’s agreement regarding the buffer.

            A motion was made by Commr. Pool, seconded by Commr. Stivender, with language in the motion to include a developer’s agreement regarding a buffer between the two subdivisions, to uphold the recommendations of the Lake County Zoning Board, for Board approval of Ordinance 2004-91, Rezoning Case PH#73-04-2, Ladd Development, Inc., Steven J. Richey, P.A., Tracking #78-04-Z, a request to rezone from A (Agriculture) to R-4 (Medium Suburban Residential).

            Commr. Cadwell asked if the developer’s agreement would include an agreement to develop with the joint LDRs and not proceed until those are approved.

            Commr. Pool clarified that his motion includes the developer’s agreement only regarding buffering.

            Commr. Hill called for a vote on the motion which carried by a vote of 3-2.

            Commissioners Cadwell and Hanson voted “No.”

            REZONING CASE CUP#04/12/1-5 - ROBERT AND NANCY GRUNER

            STEVEN J. RICHEY, P.A. - TRACKING #83-04-CUP/AMD

            Ms. Shannon Suffron, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case CUP#04/12/1-5, Robert and Nancy Gruner, Steven J. Richey, P.A., Tracking #83-04-CUP/AMD, a request for an amendment to Conditional Use Permit (CUP) Ordinance 1995-33 in A (Agriculture) to amend the language of the 1995 Ordinance to delete the term “limited,” to clarify permitted milling activities that typically take place at such a facility, and to add conditions to address concerns of the Code Enforcement Special Master. She showed the aerial map (which is included in the backup material) and stated that the existing zoning on the property is A (Agriculture) in the Rural Land Use. The parcel is approximately ten acres and is located in northeast Lake County, in the County Road 439 area of Eustis. She stated that staff recommends approval of the request with conditions. The Lake County Zoning Board (Zoning Board) unanimously recommended approval of the request on December 1, 2004.

            DISCLOSURE

            Commr. Cadwell disclosed that he is a partner in a 30-acre parcel northeast of the subject property but he does not believe it is a conflict in this case.

            Mr. Steve Richey, representing the applicant, stated that this operation has been in existence for ten years. About three years ago people moved in behind the subject property and filed a Code Enforcement complaint regarding the retail sales operation that was there. He stated that two contiguous property owners appeared before the Zoning Board and were concerned that the owners were doing away with the hours of operation and the conditions of review of CUPs. He stated that all those conditions will be the same. He stated that the people who filed the original Code Enforcement complaint sold their house and the new owners got the assurances they needed. He stated that today they are clarifying language.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Lake County Zoning Board and approved Ordinance 2004-92, Rezoning Case CUP#04/12/1-5, Robert and Nancy Gruner, Steven J. Richey, P.A., Tracking #83-04-CUP/AMD, a request for an amendment to Conditional Use Permit (CUP) Ordinance 1995-33 in A (Agriculture) to amend the language of the 1995 Ordinance to delete the term “limited,” to clarify permitted milling activities that typically take place at such a facility, and to add conditions to address concerns of the Code Enforcement Special Master.

            REZONING CASE PH#72-04-2 - ROBERT THOMPSON, ET AL

            STEVEN J. RICHEY, P.A. - TRACKING #77-04-Z

            Ms. Shannon Suffron, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#72-04-2, Robert Thompson, et al, Steven J. Richey, P.A., Tracking #77-04-Z, a request to rezone from A (Agriculture) to R-3 (Medium Residential District) for the purpose of a single-family medium density residential subdivision. She showed the aerial map (which is included in the backup material) and stated that the subject parcel, approximately 26 acres, of which approximately 12 acres is uplands, is located in the Clermont area south of State Road 438 (Old Highway 50), and is in the Clermont Joint Planning Agreement (JPA) area. The applicant is proposing approximately 26 lots. Staff recommends approval of the request provided that the property hooks up to central water and sewer. The Lake County Zoning Board unanimously recommended approval on December 1, 2004.

            Mr. Jeff Richardson, Planning Manager, Planning & Development Services, Department of Growth Management, showed a December 15, 2004, letter from Mr. Darren Gray, Assistant City Manager, City of Clermont, which expressed two comments. (A copy of the letter was presented to the Deputy Clerk and was marked Exhibit LC-1, for Lake County.) Mr. Richardson confirmed that the letter did not express an objection to the request.

            Mr. Steve Richey, representing the applicant, stated that he and Mr. Robert Thompson appeared before the Clermont City Council two weeks ago and the City asked the applicant to do two things. One, the applicant has agreed to do an environmental evaluation to determine the location of a bald eagle on the property. Second, the applicant has agreed to put a buffer along one side contiguous with the property owned by Mr. David Black. Mr. Richey confirmed that the subdivision will be getting central water and sewer from the City of Clermont and the density will be between 2.0 and 2.5 units per acre.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Lake County Zoning Board and approved Ordinance 2004-93, Rezoning Case PH#72-04-2, Robert Thompson, et al, Steven J. Richey, P.A., Tracking #77-04-Z, a request to rezone from A (Agriculture) to R-3 (Medium Residential District).

            REZONING CASE PH#74-04-2 - ORLANDO TENNIS WORLD DEVELOPMENT

            CO., INC. - STEVEN J. RICHEY, P.A. - TRACKING #79-04-PUD

            Ms. Shannon Suffron, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#74-04-2, Orlando Tennis World Development Co., Inc., Steven J. Richey, P.A., Tracking #79-04-PUD, a request to rezone from A (Agriculture) to PUD (Planned Unit Development) for the purpose of 395 short-term residential units at a density of 3.0 dwelling units per acre. She showed the aerial map (which is included in the backup material) and stated that the subject property currently houses 21 cabins, a clubhouse, a restaurant, a general store and approximately 438 RV sites which will be removed. The 130 +/- acre parcel is located west of U.S. Highway 27, south of County Road 474 in the Ridge land use designation of the Green Swamp Area of Critical State Concern. Staff recommends approval of the request. The Lake County Zoning Board unanimously recommended approval on December 1, 2004.

            Mr. Steve Richey, representing the applicant, stated that this combines two pieces of property (the old Newcomb Tennis World and a RV park), with antiquated sewer treatment plants, into a PUD which will be served by central water and sewer. He stated that the two properties will be converted into a positive tax base for Lake County with short-term rental tourists. He stated that the applicant is working with people who have week-to-week rentals in the RV park to move those units. Mr. Richey confirmed that there will be 40% of open space which is required by the Land Development Regulations in the Green Swamp.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment.

            Mr. Egor Emery, a resident of Eustis, stated that he wants to find out more about the wastewater provider.

            Mr. Richey stated that there are two off-site Public Service Commission certified utilities in the area. One provider owns Southlake Utilities and the other is Lake Utilities. He stated that the existing inferior facilities, including perc (percolation) ponds, will be shut down.

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

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Lake County Zoning Board and approved Ordinance 2004-94, Rezoning Case PH#74-04-2, Orlando Tennis World Development Co., Inc., Steven J. Richey, P.A., Tracking #79-04-PUD, a request to rezone from A (Agriculture) to PUD (Planned Unit Development).

            RECESS & REASSEMBLY

            At 2:15 p.m., Commr. Hill announced that the Board would take a 15 minute break.

            PUBLIC HEARINGS - REZONING CASES (CONTINUED)

            REZONING CASE PH#71-04-5 - TRI-COUNTY BAPTIST CHURCH, INC.

            STEVEN J. RICHEY, P.A. - TRACKING #80-04-CFD/AMD

            Mr. Rick Hartenstein, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#71-04-5, Tri-County Baptist Church, Inc., Steven J. Richey, P.A., Tracking #80-04-CFD/AMD, a request to rezone from PFD (Public Facility District a.k.a. “CFD” Community Facility District) to CFD (Community Facility District). He showed the aerial map (which is included in the backup material) and stated that the subject property, 5.05 acres, is part of a ten-acre tract that was zoned PFD in June 1989 for a church and accessory uses. The setbacks established by Ordinance #44-89 exceeded the minimum requirements of the current Land Development Regulations (LDRs). The applicant is requesting to rezone to CFD to permit a church facility, a fellowship and education facility, related accessory uses and to amend the setbacks of the existing ordinance to reflect the minimum setback requirements of the CFD zoning district. The parcel is in the Lady Lake area on the southwest corner of Rolling Acres Road and Plum Nearly Lane. The Lake County Zoning Board unanimously recommended approval. Staff recommends approval with conditions outlined in the proposed ordinance. Mr. Hartenstein confirmed that the remainder of the property will remain PFD for the time being.

            Mr. Steve Richey, representing the applicant, stated that the old ordinance will be amended, making it specific to the 5.05 acres, and approving a site plan which will be built over phases. Public Works will decide if acceleration and deceleration lanes are necessary. Mr. Richey stated that a 50-foot easement has been dedicated and the applicant will improve the easement by paving about two-thirds of it.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Lake County Zoning Board and approved Ordinance 2004-95, Rezoning Case PH#71-04-5, Tri-County Baptist Church, Inc., Steven J. Richey, P.A., Tracking #80-04-CFD/AMD, a request to rezone from PFD (Public Facility District a.k.a. “CFD” Community Facility District) to CFD (Community Facility District).

            REZONING CASE PH#70-04-2 - BARBARA G. HARMON - CALVARY CHURCH,

            INC. DBA FUSION - BRUCE DUNCAN, P.A. - TRACKING #81-04-CFD

            Mr. Rick Hartenstein, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#70-04-2, Barbara G. Harmon, Calvary Church, Inc. dba Fusion, Bruce Duncan, P.A., Tracking #81-04-CFD, a request to rezone from A (Agriculture) to CFD (Community Facility District) to develop a church, school and accessory uses on approximately 8.19 acres. He showed the aerial map (which is included in the backup material) and stated that the proposed site was previously used for a small farming operation and is surrounded by residential development on three sides, with agriculture to the east. The subject parcel is located in the Clermont area in the Clermont Joint Planning Agreement (JPA) area on the northeast corner of the intersection of Lakeshore Drive and Hull Road. He referred to a December 15, 2004, letter from Mr. Darren Gray, Assistant City Manager, City of Clermont, which had two comments. The City of Clermont approved rezoning for the site specific to a church and school, ensuring that the developer works with the County on the transportation element of the project. (A copy of the letter was presented to the Deputy Clerk and was marked Exhibit LC-1, for Lake County.) Mr. Hartenstein stated that access and mobility issues would be addressed during the development review portion of the project if it is approved. Staff recommends approval of the request. The Lake County Zoning Board (Zoning Board) unanimously recommended approval of the request, limiting it to one 24,000 square foot building and one 2,000 square foot office building.

            Mr. Bruce Duncan, Potter Clement Lowry and Duncan, representing the applicant, stated that access for the church will be from Hull Road and no access will be provided from Lakeshore Drive. He stated that the 24,000 square foot initial building will provide minimal classrooms along with the church sanctuary and a gymnasium. He stated that the goal is to start small and to build as demand increases and the secondary expansion will not occur for at least four years. He opined that a lot of the traffic issues will be alleviated by that time because Lakeshore Drive will be widened, and include shoulders, and two traffic lights will be installed along Lakeshore Drive. He stated that the applicant will seek the approval of a trip light on Hull Road which will stagger the traffic. In addition, the applicant has agreed to start school at 8:15 a.m. and release students prior to 4:00 p.m. since traffic appears to be heaviest from 6:30 to 7:30 a.m. and after 5:00 p.m. Mr. Duncan stated that this is an opportunity to create a school in south Lake County which will provide an alternative to overcrowded schools in that area. He stated that parents of private school students will still pay impact fees when they build a new home and will still pay school taxes even though their children are not taking advantage of the public school system. He presented a compilation of letters, approximately 40, in support of this project to the Deputy Clerk which was marked Exhibit A-1 for the Applicant. Mr. Duncan stated that he and the applicant were told that some persons opposed to the school signed a petition because they were concerned that there would be metal construction on the site. He stated, for the record, that these buildings will block and stucco, not metal. He referred to the December 1, 2004, meeting minutes of the Zoning Board in which County staff indicated that capacity exists on the road for this project based on the traffic generation.

            Pastor Robert Thomas, Fusion Community Church, stated that the church wants to minister to the needs of the community and provide a faith-based quality education for students in that area. He stated that they have received approximately fifteen phone calls from parents in the surrounding neighborhoods who want their kids’ names on the list. He stated that other church members also want to put their children in the proposed school. He stated that one fear that has been mentioned is that the new school will steal students or teachers from one of the neighboring Christian schools. He pointed out that the new school will provide an option for residents in the neighborhood. Pastor Thomas explained that there will be supervised programs for students during after-school hours and the summer. He stated that the church currently has about 125 members and that the sanctuary will be about one-half of the 24,000 square foot building. He stated that the school will seat approximately 150 students in the first phase.

            Mr. Duncan stated that the Zoning Board recommended approval but cut the project in half. He asked the Board for approval for two 24,000 square foot buildings and one 2,000 square foot office building on the site, with initial construction of only one 24,000 square foot building and the office building. He reiterated that the second 24,000 square foot building is not anticipated to be built for another four years. He stated that they are asking for approval of all three buildings at this time in order to save engineering and rehearing costs.

            Discussion occurred regarding traffic flow problems on Lakeshore Road, no access to the project from Lakeshore Drive, the dead end on Hull Road and the possibility of a turn lane on Hull Road.

            Mr. Fred Schneider, Director of Engineering, Department of Public Works, remarked that, typically, more vehicles come and go at an elementary school. With 120 students, there might be 60 to 70 trips into the school site during the morning peak hour and again in the afternoon. He explained that, with proper internal site circulation of traffic and with access from the far east part of the site onto Hull Road, it should work. Elementary schools with 500 or 600 students typically create traffic problems. He remarked that, most likely, the applicant will be asked to build a third lane, a left turn lane the length of the project, on Hull Road which will allow some stacking on Hull Road. The southbound left turn on Lakeshore Drive will have to be evaluated to make sure there is enough storage queue volume. He opined that is something that could be worked out during the site planning process. Just a church site, typically, does not impact peak hour traffic. Further, Mr. Schneider remarked that the majority, probably two-thirds, of peak hour traffic heads north on Lakeshore Drive near Lake Susan Lodge Bridge. He added that the change in traffic patterns would be noticed with the school but not so much with just the church.

            Commr. Pool stated, publicly, that he supports the church but he opined that the size and scope of the school are the issues.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment.

            Ms. Anne Saraceno, Crescent Bay, stated that she has lived at Hull Road and Lakeshore Drive for seven years. She presented a compilation of letters in opposition to the project to the Deputy Clerk who marked it Exhibit O-1 for the Opposition. She stated that she lives directly across the street from the proposed project and she did not receive written notification of the requested zoning change. She stated that no one in Crescent Bay or Crescent Pines subdivisions received written notice. She stated that other projects on the subject parcel have been turned down. She expressed her strong opposition to the school, not the church. She stated that Pastor Thomas showed a drawing of three metal buildings at the Zoning Board meeting and that the Zoning Board said the project would be on well and septic. She pointed out that the subject property is next to Lake Susan and asked about pollutants from a large septic system. She stated that there is a potential for 1,000 or more students on this site. She stated that this school, with traffic issues, lights and facilities for after-school events, does not fit with the rest of the community. She asked the Board to deny this request.

            Mr. Frank Miller of Susan’s Landing, which is adjacent to the subject parcel, stated that the basic problem is the school which would drastically increase traffic on Lakeshore Drive. He stated that getting out of Hull Road or Crescent Bay Boulevard, onto Lakeshore Drive, is very dangerous because of two curves. He pointed out that there have been three traffic fatalities, in separate accidents, in front of Susan’s Landing in the last three years. He stated that all the surrounding subdivisions would be severely impacted by the school’s traffic. He stated that there are no sidewalks in the area and neighborhood children would have to be transported in vehicles. He stated that putting this facility in this residential-type area would be criminal.

            Mr. Mark McNealy, Susan’s Landing, expressed his opposition to the size of the project. He stated that there is significant traffic on Lakeshore Drive. He implored the Board to deny everything until road improvements are done.

            Mr. Steve Jaspan, Susan’s Landing, stated that the road will not be widened soon and there are no sidewalks. He pointed out that there is already a lot of traffic going to the marina on Sundays and a lot of traffic will back up to the bridge due to church traffic. He stated that he opposes the school not the church.

            Mr. Robert Meredith, Susan’s Landing, stated that he opposes the request.

            Mr. Larry Szrom, Susan’s Landing, pointed out that, even without written notice, he collected 124 names on a petition of people who are opposed to this project and who would be directly impacted from it. He read from the petition and presented it to the Deputy Clerk who marked it Exhibit OP-2 for the Opposition. He stated that the residents believed the subject property would be developed as residential homes. He stated that this would be a destination-type development which would bring traffic into the area. He acknowledged that there are problems with the school system and that he does not oppose a private school but the character of this entire area is not a suitable place for a school. He stated that there is other land in this area. He stated that the County’s engineering staff has said that Lakeshore Drive is at capacity right now. He further remarked about traffic on Lakeshore Drive and the planned improvements for that road. He stated that he was told two years ago at a Planning and Zoning meeting that the subject parcel was a transitional zoning in the Future Land Use which would be residential development at one unit per acre. He begged the Board to deny the project.

            Ms. Andrea Edgington, Crescent Bay subdivision, stated that she is on the subdivision board and that she received calls from residents who said they signed the petition because they were told there would be metal buildings. She stated that she has also had calls from neighbors who want to put their kids’ names on the list because so many of them go to private schools now in other areas. She stated that there is a real need in Lake County for private education. She stated that there are many people in Crescent Bay who are in favor of this request and who think it would be a wonderful idea to have their kids go to school in their neighborhood. She pointed out that there is already a left turn lane on Hull Road and that a lot of kids already catch the school bus at that location.

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

            Mr. Duncan explained that private schools are not regulated by the same zoning responsibilities that govern the School Board. He stated that the applicant is allowed to have up to 30% impervious surface on the site. That means 70% of the site, or about five of the eight acres, will have to maintain an open space category. He clarified that there will not be a football stadium or baseball fields. He confirmed that there will be enough land to create a turn lane turning left onto Hull Road and Hull Road will be improved, putting the entry point on the far east portion of the site. He explained that traffic will flow on site with a drive that loops around the entire site. Mr. Duncan showed the site plan that was showed at the Zoning Board meeting and stated that there is no mention of metal buildings on the site plan. (The site plan was submitted to the Deputy Clerk and marked Exhibit A-2 for the Applicant.)

            Mr. Duncan stated that he did not know when having schools in residential neighborhoods became a bad thing because he grew up within a block of his school and was able to walk to his classes, kindergarten through high school. He reiterated that the improvements on Lakeshore Drive are already in the works and that safety grants have already been given to Lake County for those improvements. He stated that it is ridiculous for anyone to say that there will be 1,000 students at the school. He confirmed that turn lanes can be constructed and that the trip light will be extremely beneficial to the traffic flow. He stated that there is a market for schools.

            Commr. Cadwell expressed concern that Lakeshore Drive cannot accommodate a school.

            Commr. Pool stated that a church would fit well in this location but this is not an area where children could walk to school. If held to a small number, between 25 and 50 students, the school might be acceptable.

            Mr. Duncan stated that the initial 24,000 square foot building would allow for 120 students with hopes to expand to grades K through 12. He asked Commr. Pool if he is willing to support the 24,000 square foot building that was recommended by the Zoning Board.

            Commr. Pool stated that he does not want to see 120 students in the school.

            Commr. Cadwell remarked that the school’s business plan would have to include additional students.

            Mr. Duncan confirmed that, if the applicant cannot get permission to do what will be economically feasible, they will not purchase the property.

            Commr. Pool, for the record, stated that he goes to church with the lady who owns this land but that they have never had a conversation about the property. He reiterated that he would support a limited number of students or a day care or pre-K facility but that he cannot vote for grades K through 12.

            Commr. Hanson agreed that the road is the big concern. She opined that it would be great to have a church and school in that area if the roads could handle it.

            Commissioners Hanson and Stivender agreed that a day care or pre-K facility would be acceptable.

            A comparison to Blue Lake Academy was made with a discussion of its location and the surrounding area.

            Mr. Duncan stated that, in speaking with the applicant, without the school, the project goes away. He stated that it would not be an economically feasible project without the school and the applicant will make a third attempt to find another site.

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board overturned the recommendation of the Lake County Zoning Board and denied Rezoning Case PH#70-04-2, Barbara G. Harmon, Calvary Church, Inc. dba Fusion, Bruce Duncan, P.A., Tracking #81-04-CFD, a request to rezone from A (Agriculture) to CFD (Community Facility District).

            REZONING CASE PH#75-04-3 - MARK R. WHITMAN

            STEVEN J. RICHEY, P.A. - TRACKING #76-04-Z

            Mr. John Kruse, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#75-04-3, Mark R. Whitman, Steven J. Richey, P.A., Tracking #76-04-Z, a request to rezone from A (Agriculture) to AR (Agricultural Residential). The rezoning would limit the density to one dwelling unit per two acres. He showed the aerial map (which is included in the backup material) and stated that the proposed 22.6-acre site is in the Yalaha area north of the intersection of Lime Avenue and County Road 48 along Lake Harris. Staff recommends approval of the request.

            At 3:42 p.m., Commr. Pool temporarily left the meeting.

            Mr. Steve Richey, representing the applicant, stated that the entire site was advertised as R-1 (Rural Residential) but the R-1 one portion, on which there is a structure, is not being rezoned. He presented the legal description “less out” which was marked by the Deputy Clerk as Exhibit A-1 for the Applicant. He stated that the intention is to have four four-acre lots so that the net density is one unit per four acres. Regarding preserving the trees, Mr. Richey stated that he was notified that there is a bald eagle on the property and that it probably is on the five-acre portion that is to remain R-1 zoning. He stated that the applicant will be respecting and evaluating that.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried by a vote of 4-0, the Board upheld the recommendation of the Lake County Zoning Board and approved Ordinance 2004-96, Rezoning Case PH#75-04-3, Mark R. Whitman, Steven J. Richey, P.A., Tracking #76-04-Z a request to rezone from A (Agriculture) to AR (Agricultural Residential).

            Commr. Pool was not present for the vote.

            At 3:44 p.m., Commr. Pool returned to the meeting.

            REZONING CASE PH#77-04-3 - INDEPENDENT ORDER OF FORESTERS

            KENNETH MAZIK AND DONNA BROWN - GREG BELIVEAU, LPG

            STEVEN J. RICHEY, P.A.- TRACKING #84-04-CFD

            Mr. John Kruse, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#77-04-3, Independent Order of Foresters, Kenneth Mazik and Donna Brown, Greg Beliveau, LPG, Steven J. Richey, P.A., Tracking #84-04-CFD, a request to rezone from A (Agriculture District) + CUP #255-3A to CFD (Community Facility District) to develop a state-of-the-art behavior treatment and advanced telehealth research center on approximately 55.5 acres. He showed the aerial map (which is included in the backup material) and stated that the proposed site is currently CUP (Conditional Use Permit) #255-3A that allows the property to be used for a retirement home for the aged. The facility, commonly known as Forester Haven, has a total number of existing accommodations of 96 living units and a 12-unit medical wing with 25 beds, for a total capacity not to exceed 313 clients. The applicant proposes a mixed use complex that will include a residential treatment and educational center, a research and diagnostic center, clinical/hospitalization capabilities and single family residences. The majority of the existing buildings will be used, along with the addition of six dormitory buildings and 49 single-family residences. Mr. Kruse showed the conceptual plan that is included in the backup material and continued reading the “Purpose of Requested Zoning Change.” He noted that ordinance language should be amended on Page 2, 1, B, by adding the following at the end of the last sentence “... as well as the remaining proposed buildings on the conceptual site plan.” He stated that staff recommends approval of the request. The Lake County Zoning Board (Zoning Board) voted 5-0 for approval.

            Mr. Kruse stated that the square footage of the single family residences was not specified.

            Commr. Stivender apologized for being unable to attend a community meeting last week. She opined that one issue of that group was the size of the residences and the road leading into Forester’s Haven.

            Mr. Steve Richey, representing the applicant, stated that anything that is approved under the CFD would be required to go through a concurrency process with regard to the traffic and other things.

            Mr. Luke Baker, representing the prospective ownership of the property, explained that Carlton Palms is adjacent to the subject property. Carlton Palms is a comprehensive residential treatment center for people with disabilities such as autism and mental retardation and other severe behavior disorders. Carlton Palms provides services to more than 80 people and employs more than 150 persons, mostly in professional positions. Recently, they began a telehealth information technology company that utilizes video conferencing technology to provide services to people living in remote areas. He stated that they have received regional recognition and have received federal attention through the research they have done in testing the efficacy of using this type of method of providing services to at-risk populations such as therapeutic foster children. He stated that they are interested in the Forester Haven property to (1) continue their behavior treatment program at a property adjacent to the current property (2) continue to improve and pioneer the telehealth company and, most important, (3) establish a landmark institution for autism research and behavior therapy. He stated that they expect to attract the best and brightest in the country and have professionals from academia, behavior therapy and information technology living and working in Lake County.

            Mr. Greg Beliveau, LPG Urban & Regional Planners, Inc., presented a comparison of the current site and the 2004 proposal (a copy was presented to the Deputy Clerk and marked Exhibit A-1 for the Applicant). He explained that Forester Haven is an ACLF (Adult Congregate Living Facility). He compared the current site with the proposal regarding tenants, staff and number of buildings. He pointed out that the proposed new buildings will be clustered toward the northern end of the property, giving more distance between them and the five and ten-acre tracts to the south. He stated that an analysis of transportation (by Sans Lassiter, Lassiter Transportation Group, Inc.) indicates there will not be a reduction in the level of service and that the roads are not a problem. He stated that employees will be on the property on a 24-hour basis on three shifts. He stated that there is a 40-year build out to reach 600 employees. He stated that vans will transport some patients.

            Mr. Richey stated that, under the current CUP, there is no condition that would prohibit people from having their own cars in the eight living units. Under the CFD, transportation is proposed to be provided through a shuttle system. He reiterated that building permits will be subject to concurrency at the time they are pulled. He stated that 49 single-family residences are proposed in order to attract the finest kind of folk. Houses will be for staff, guests and parents. He stated that Mr. Ken Mazik has committed to quality homes on the existing central water and sewer plant. He stated that the organization would have a first right of refusal if one of the houses were to be offered sale in the future. He stated that they will buy those properties back as part of their restrictive covenants. Regarding potential transportation levels of service, he stated that they would have to deal with any problems as part of any building permits that are pulled.

            Mr. Richey stated that the County road is fine, according to Fred Schneider, Director of Engineering, Department of Public Works. He stated that, at some future date, there may be activity that will necessitate some road improvements and his clients will do what they are required to do.

            Regarding houses, Mr. Richey stated that future residences will not be visible from the public road. He stated that houses will be staggered along the lakefront but will not be massed on the waterfront because that would not be consistent with the quality that will be put there.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment.

            Mr. Ed O’Malley, a resident on Lake Jem Road, expressed his opposition to the proposed changes mostly because of the impact on the roads. He stated that Lake Jem Road, which feeds into this property, is a two-lane road with approximately 30 homes in the immediate vicinity. He stated that the proposed 400-bed hospital is twice the size of Florida Hospital Waterman. He used the assumption that 600 employees, 200 per shift, would be coming in and out every day. He compared that to the Lake County Judicial Center’s parking lot which holds about 200 cars. He stated that the parking lot would have to empty and fill up three times a day to and from Lake Jem Road. He stated that he cannot believe it will not have a big impact on Lake Jem Road.

            Mr. Lynn Keen, who lives at the dead end of Lake Jem Road, stated that there are enumerable undefined details in the proposal and the implication is that residents are being asked to trust the applicant’s representative. He stated that one reason most of the residents moved to that area is because the roadway is under utilized and it is a nice, quiet neighborhood with homes on three to five-acre settings. He recounted all the proposed buildings, a 250-300 car parking lot and supporting infrastructures and stated that looks like a lot of brick and mortar for a 55-acre parcel. He opined that it will be very high density and that it is too much construction. Regarding first right of refusal, he stated that these privately purchased residences could eventually be sold on the open market and a large percentage of them could be owned by folks other than employees, adding to the traffic count. He stated that he would like to see a better definition of construction of the homes, such as lot size and square footage. He asked what would happen if this business goes belly up. If the business is successful, there will be extremely high density construction in the area. If it is not successful, there will be 49 single-family homes that will be owned by the public and that could open up all kinds of possibilities. He asked that the type of buildings and construction be defined. He stated that he would like something built into this proposal that would give the Board and the residents the opportunity to have an upfront review at some specific interval to measure how the business is going and what impact it is having on the environment, the residents’ quality of life, the roads and the surrounding community.

            Mr. Kenneth Smith, a new resident on Lake Jem Road, stated that, according to the schedule of permitted and conditional uses, single family dwelling units do not seem to be approved under a CFD. He stated that he was appalled that CFDs do permit theaters, airports, marinas, recycling centers and major utilities. He expressed curiosity as to whether, if this project is not successful, a vested right has been created for some of these other very noxious uses. He stated that he cannot believe that this project will not have a serious impact, on ingress and egress, on Lake Jem Road. He also asked for monitoring of the activities of the business. He stated that he is concerned the use of the project might morph into use by delinquent “disabled” children which could create a serious problem in the community. He asked if it is possible to monitor the business, no less than annually, to make sure they are not doing anything other than what has been represented by Mr. Richey.

            Commr. Cadwell stated that the Board can be specific in a CFD ordinance regarding what can and cannot be done. He stated that uses other than those specified in the ordinance cannot happen without coming back through the public hearing process and amending the ordinance.

            Ms. Eileen Jennings, a twelve-year resident on Lake Jem Road, stated that she is against this request because she feels there is an over saturation of facilities in that particular area for behavior disorders. She stated that such a large facility is going backwards in time. She opined that no one present today would feel good to know they live next to the “Mayo Clinic” of behavior disorder hospitals. She stated that if they ever hope to sell their house they will have to disclose that there is a facility for 400 behavior disabled young people and possibly adults. She wondered if the traffic report was prepared using information during morning, afternoon and late night shift changes. She stated that there is a lot of traffic heavy traffic speeding by when she goes to work. She stated that there is a problem with traffic and that her cat was killed by an employee of Carlton Palms.

            Mr. Jim Peterson, who lives off of Lake Jem Road, stated that he is opposed to this development because it is not compatible with the area. He opined that the Board would not agree to build Florida Hospital Waterman off of a two-lane, small neighborhood road. He stated that there will be a huge change in traffic. He opined that there will also be a great environmental effect on Lake Carlton with this large facility.

            Ms. Janet Keen, a resident on Lake Jem Road, stated that her main concerns are traffic, security and the value of her property. She stated that she intends to sell her house in a couple of years. She stated that people will not want anything to do with a hospital or research center for disabled persons. She stated that she has nearly been sideswiped four times on Lake Jem Road by their employees who do not stop at the stop sign and she was run off to the side of East Lake Jem Road by an employee. She stated that she does not want that many children in her neighborhood because it will decrease her property value.

            Ms. Constance Harvey, of Lake Lena Estates, expressed concern with security. She stated that there will be an influx of people and she would like to know what kind of security and gate will be installed. She asked how the residents and children will be protected.

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

            Mr. Harlow Middleton stated that he is general counsel for the group of companies that have run the current comprehensive transitional educational program. He stated that they operate under Florida Statute 393 and the types of disabilities that are covered specifically by the statute are autism, cerebral palsy, Prader-Willi syndrome, spina bifida and retardation. He stated that this type of facility is a locked facility and is the reason so much staff is necessary. The ratios are very heavy in order to provide training and security for those individuals. He stated that the facilities have been there since 1986 and no one in the neighborhood has ever been bothered. He stated that these developmentally disabled persons are not juvenile delinquents, gang types or aggressive-type persons. He stated that the facility’s mission is to make their lives better so that they can go back to their home communities and live in group homes that are integrated into the community or back with their parents. He stated that this is a treatment center and there will be a clinic aspect to it but to refer to it as a 400-bed hospital is a misnomer. He stated that the educationally based treatment center will continue doing the things it has been doing for the last 15 years. He stated that, other than the shift changes with a volume of cars for a short period of time, people do not even know they are there. He stated that the neighbors cannot see or hear this facility because they are too far away and that it is very isolated. He opined that it is perfect for the type of bucolic atmosphere and environment that are needed to provide the best services for these individuals because they do thrive in this setting.

            Mr. Baker explained that families might come in for a week, an evaluation of the child will be done and a treatment program will be developed. The parents would learn how to use the technology and administer the program so that they could all return to their home state, maintaining a connection through high-quality video conferencing.

            Mr. Middleton stated that property values have not diminished. In researching the issue, he stated that not one national study has ever found that there has been a reduction in property value because of group homes or mental health hospitals.

            Mr. Richey stated that, based on licensing and requirements in Florida, Florida and FBI background checks are run on all employees. He repeated earlier statements that development possibilities under the existing CUP are more intense than the current proposal.

            In response to Commr. Stivender’s inquiry regarding the size of the homes, Mr. Richey stated that they do not have a size in mind because the whole site has not been engineered. He stated that he had indicated and does not have a problem with saying that they will be in the 1,600 foot range as a minimum.

            In response to Commr. Hanson’s inquiry regarding the use of quadraplexes or triplexes, Mr. Richey stated that they wanted to keep it as open as possible and they do not want large buildings. He stated that they would not mind looking at zero lot line townhouses. He stated that these single-family homes cannot be used for group homes or for short-term rentals. He stated that anything they build will be attractive.

            Mr. Richey stated that they will not sell to anybody who is not in their relationship and the first right of refusal, not a mandatory buy back provision, is in the restrictive covenants.

            Mr. Sans Lassiter, Lassiter Transportation Group, Inc., stated that they do anticipate an increase in traffic from this facility over the existing facility. He stated that the traffic analysis was conducted using the County’s current data. He stated that they, admittedly, do not have an autistic child treatment facility trip generation rate provided in the Institute of Transportation Engineers trip generation manual. He stated that they looked at what hospitals do. He stated that this has a lower ratio, employee to patient, than hospitals do by about two-thirds. He stated that they used a two-thirds trip generation for a hospital. The analysis shows that there is plenty of capacity on County Road 448, east and west of the site, and on U.S. Highway 441, north and south of CR 448, for this development. He stated that the local roads going to the site come under a different type of analysis which is done at the site plan level. He stated that this facility is about 50% higher than the trips generated for an assisted living facility.

            Mr. Fred Schneider, Director of Engineering, Department of Public Works, stated that Mr. Lassiter is correct that there is adequate capacity on CR 448. The highway capacity level of service manuals do not cover local road capacities, such as Lake Jem Road. Those things have to be weighed and decided on. He opined that there is adequate capacity to handle the traffic that Mr. Lassiter is talking about. He stated that staff might look at the curve at the south end where it connects to CR 448 and whether or not that intersection can handle traffic or whether something should be done there. He stated that, if all the development occurred tomorrow, there might be some issues for improvements on the local roadways or at the intersections.

            In closing, Mr. Richey stated that the existing facility, if it did not already have the CUP, might not be approved today. He stated that they are proposing to change the use, put it under a CFD, and condition it such that there are more controls and it will be less intense than what the use is if it were sold to a third party. He stated that they are developing something that is world class and sets us apart. He asked the Board to pass the Community Facility District request.

            A motion was made by Commr. Stivender and seconded by Commr. Cadwell to uphold the recommendation of the Lake County Zoning Board and to approve Ordinance 2004-97, Rezoning Case PH#77-04-3, Independent Order of Foresters, Kenneth Mazik and Donna Brown, Greg Beliveau, LPG, Steven J. Richey, P.A., Tracking #84-04-CFD, a request to rezone from A (Agriculture District) + CUP #255-3A to CFD (Community Facility District); with the condition that the size of the homes will be 1,600 square foot minimum and that the first right of refusal provision is included; and that Florida Statute 393 is met.

            Under discussion, Commr. Cadwell expressed concern that limiting the homes to a minimum of 1,600 square feet might tie their hands if there are other innovative ways to do the housing.

            Mr. Richey opined that the minimum house size, even if something like Commr. Hanson’s suggestion is done, would still have to be 1,600 square feet or very similar.

            Commr. Cadwell agreed with Mr. Richey that, if this was a vacant piece of property, it would not even be considered for this development. He opined that this is an opportunity to improve the existing facility with a state-of-the-art facility that will be an asset.

            Commr. Pool stated that the key to the traffic issue is that people are hired who are considerate and who have safe driving records. He stated that, maybe, it is up to the applicant to ensure that. He stated that he will support the motion but he wants to make sure the applicant and their representatives consistently try to monitor the employees and stress that they should be considerate of the neighbors.

            Commr. Stivender stated that she would stress it also.

            Mr. Baker stated that it has been explained and they will continue to reinforce it. He stated that they do not want to disrespect the neighborhood. He stated that they will work on that.

            Commr. Hill called for a vote on the motion which carried unanimously, by a vote of 5-0.

            At 4:55 p.m., Commr. Hanson left the meeting.

            CASE LPA#03/8/3-3 - 2001-27 LLC AND GEORGE CORBETT - GREEN

            CONSULTING GROUP, INC. - STEVEN J. RICHEY, P.A. - TRACKING #75-03-LPA

            Mr. John Kruse, Senior Planner, Planning & Development Services, Department of Growth Management, presented Case LPA#03/8/3-3, 2001-27 LLC and George Corbett, Green Consulting Group, Inc., Steven J. Richey, P.A., Tracking #75-03-LPA, a request to amend the Future Land Use Map (FLUM) for a 98 +/- acre parcel. The applicants are requesting a change from Suburban to Rural to Urban Expansion with a Community Activity Center overlay. The property owners wish to develop the property for commercial purposes. He showed the aerial map (which is included in the backup material) and stated that the proposed site is in the south Leesburg area. Staff recommends approval of this application and the Lake County Local Planning Agency unanimously recommended approval. The Board of County Commissioners heard this case in August 2004 and voted 5-0 for transmittal of the request. The County has received an ORC (Objections, Recommendations and Comments) Report from the DCA (Department of Community Affairs) whose comments are do not adopt based on several issues.

            Mr. Steve Richey, representing the applicant, stated that the traffic analysis that they prepared was not sent to DCA and was deleted out of the package. There are a lot of traffic issues as far as the Turnpike. He stated that Leesburg is providing water and sewer. Mr. Richey presented Applicant Response to Objections, Recommendations & Comments on those issues to the Deputy Clerk who marked the report as Exhibit A-1 for the Applicant.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            A motion was made by Commr. Stivender and seconded by Commr. Pool for Board approval of Ordinance 2004-98, Case LPA#03/8/3-3, 2001-27 LLC and George Corbett, Green Consulting Group, Inc., Steven J. Richey, P.A., Tracking #75-03-LPA, and adoption of the request to amend the Future Land Use Map (FLUM) of the Lake County Comprehensive Plan designating a change of the 98 +/- acre parcel from Suburban and Rural to Urban Expansion with a Community Activity Center overlay.

            Under discussion, Commr. Cadwell opined that this will be a very active commercial area and will be of great benefit.

            Commr. Hill called for a vote on the motion which carried unanimously, by a vote of 4-0.

            Commr. Hanson was not present for the vote.

            CASE LPA#04/5/5-3 - EDWARD R. VRABLIK - BANYAN CONSTRUCTION &

            DEVELOPMENT - GREEN CONSULTING GROUP, INC.

            STEVEN J. RICHEY, P.A.- TRACKING #5-04-LPA

            Mr. John Kruse, Senior Planner, Planning & Development Services, Department of Growth Management, presented Case LPA#04/5/5-3, Edward R. Vrablik, Banyan Construction & Development, Green Consulting Group, Inc., Steven J. Richey, P.A., Tracking #5-04-LPA, a request to amend the Future Land Use Map (FLUM) for a 355 +/- acre parcel. The applicants are requesting a change from Suburban to Urban Expansion. He showed the aerial map (which is included in the backup material) and stated that the subject parcel is between the Leesburg area and the Groveland area along U.S. Highway 27. Staff recommends denial of this application. The Lake County Local Planning Agency recommended denial by a vote of 7-1. The Board of County Commissioners voted 4-1 for approval in August 2004. The County has received an ORC (Objections, Recommendations and Comments) Report from the DCA (Department of Community Affairs) whose comments are do not adopt.

            Mr. Steve Richey, representing the applicant, stated that the County, in its DRI (Development of Regional Impact), committed to create some affordable housing in the area. He stated that a response on the urban sprawl issue and the traffic analysis has been prepared. He presented the Tradewinds PUD Master Plan to the Deputy Clerk who marked it as Exhibit A-1 for the Applicant. He stated that part of the property is Urban under the Comprehensive Plan which will allow almost 700 units on it, and part of the property is Suburban. He stated that the density will be transferred on the entire project and will be clustered on the Urban site.

            Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

            A motion was made by Commr. Stivender and seconded by Commr. Pool for Board approval of Ordinance 2004-99, Case LPA#04/5/5-3, Edward R. Vrablik, Banyan Construction & Development, Green Consulting Group, Inc., Steven J. Richey, P.A., Tracking #5-04-LPA, and adoption of the request to amend the Future Land Use Map (FLUM) of the Lake County Comprehensive Plan designating a change of the 355 +/- acre parcel from Suburban to Urban Expansion.

            Under discussion, Commr. Cadwell stated that there was a lot of discussion about this case during the transmittal hearing. He stated that staff is right to some degree in that it is premature, but the Board has committed to affordable housing at the Christopher C. Ford Commerce Park. He stated that DCA wanted it there and told the County that when they did the DRI for the park. He opined that it is the right thing.

            Commr. Hill called for a vote on the motion which carried unanimously, by a vote of 4-0.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:05 p.m.


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JENNIFER HILL, CHAIRMAN ATTEST:



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JAMES C. WATKINS, CLERK