A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 26, 2005

The Lake County Board of County Commissioners met in regular session on Tuesday, April 26, 2005, 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: Catherine C. Hanson, Vice Chairman; Welton G. Cadwell; Debbie Stivender; and Robert A. Pool. Commr. Jennifer Hill, Chairman, was not present at this meeting. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, Assistant County Manager/Interim County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Hanson, Vice Chairman, informed the Board that the Lake County Democratic Party requested approval to conduct a Memorial Day vigil on the steps of the Historic Courthouse, on Monday, May 30, 2005, and that she would like to place said item on the Agenda.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.

Commr. Hanson then requested approval to place on the Agenda a request that the Board take some action regarding an effort by the Legislature to make all hospices “for profit”, rather than “not for profit”, which will affect the hospice in Lake County.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.

Ms. Cindy Hall, Assistant County Manager/Interim County Manager, informed the Board that staff needed approval to advertise and hold a Budget Retreat, to be held on May 20, 2005, at Trout Lake.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved said request.

PUBLIC HEARINGS: REZONING

REZONING CASE NO. PH5-05-3 - R-1 TO R-2 - JOHN NELSON/NELSON FAMILY

TRUST/TIMOTHY P. HOBAN AND CARL LUDECKE – TRACKING NO. 10-05-Z

Mr. Tim Hoban, Attorney, representing John Nelson/Nelson Family Trust, Rezoning Case No. PH5-05-3, addressed the Board and requested a 30 day postponement for this case.

Commr. Hanson, Vice Chairman, announced that she had a conflict of interest regarding this case, therefore, would recuse herself from any discussion and vote on the matter. She then turned the gavel over to Commr. Stivender.

Commr. Stivender opened the public hearing.

No one present opposed the request for a 30 day postponement of this case.

There being no one present who wished to address the Board, Commr. Stivender closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 3-0 vote, the Board approved the request for a 30 day postponement of Rezoning Case No. PH5-05-3, John Nelson/Nelson Family Trust/Timothy P. Hoban and Carl Ludecke, Tracking No. 10-05-Z, until the Board Meeting of May 24, 2005, as requested by the applicant.

Commr. Hanson had declared a conflict of interest, therefore, did not vote on the matter.

PUBLIC HEARINGS: VACATIONS

VACATION PETITION NO. 1046 – LAKE SAUNDERS GROVES LAND LLP

CHELSEA OAKS LLC – TAVARES AREA

Mr. Jim Stivender, Jr., Public Works Director, explained this request, stating that staff was requesting an additional 30 day postponement of this case. He stated that it came before the Board last month and was postponed, in order to allow the County to hold a public meeting, which they did, to allay any concerns about the request. He stated that there was a lot of confusion about it, because the property is in the City of Tavares, but it involves a county road.

Commr. Stivender interjected that, during said meeting, it was discovered that the legal description involving the property was submitted to the County incorrectly, in that it did not include a portion of the property that will have to be vacated, because a retention pond is going to be dug on it. She stated that one of the concerns expressed by the citizens attending said meeting was that of public safety, in that it is felt that emergency vehicles will have a problem accessing properties in the area, if the right of way is vacated. She stated that there were some issues involving the aesthetics of the proposed subdivision, as well, which were resolved between the developer and the residents in the area. She stated that she felt the meeting went very well, noting that the residents are not happy that the right of way may end up being vacated, but the County is working out the issues and their concerns.

The Vice Chairman opened the public hearing.

No one present opposed the request for a 30 day postponement of this case.

There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the request for a 30 day postponement for Road Vacation Petition No. 1046, Lake Saunders Groves Land LLP, Chelsea Oaks LLC, to vacate right of way and cease maintenance on a portion of Merry Road (4455), in the plat of James M. Conner, located in Section 27, Township 19 South, Range 26 East, in the City of Tavares – Commission District 3, until the Board Meeting of May 24, 2005.

VACATION PETITION NO. 1047 – AMANTHA MUSSELWHITE – TAVARES

LAKE JEM AREA

Mr. Jim Stivender, Jr., Public Works Director, explained this request, stating that it was a request by Amantha Musselwhite for approval to vacate a Drainage and Utility Easement, in the Plat of Musselwhite Farms, in the Tavares/Lake Jem area, south of Lake Dora. He stated that there is no need for said Drainage and Utility Easement; therefore, staff was recommending approval to vacate.

The Vice Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2005-57 - Petition No. 1047, by Amantha Musselwhite, to vacate a Drainage and Utility Easement, in the Plat of Musselwhite Farms, located in Section 3, Township 20, Range 26, in the Tavares/Lake Jem area – Commission District 3.

VACATION PETITION NO. 1048 – PENNBROOKE – LEESBURG AREA

Mr. Jim Stivender, Jr., Public Works Director, explained this request, stating that it was a request by Pennbrooke, Phase 1K, to vacate a portion of a Utility Easement, in the Plat of Pennbrooke, Phase 1K, Units I and II, in the Leesburg area. He stated that there is a house encroaching on the easement; therefore, a portion of the easement that is not necessary, in that it is part of the subdivision design, is being vacated. He stated that staff was recommending approval to vacate.

The Vice Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2005-58 - Petition No. 1048, by Pennbrooke, Phase 1K, to vacate a portion of a Utility Easement, in the Plat of Pennbrooke, Phase 1K, Units I and II, located in Section 19, Township 19, Range 24, in the Leesburg area – Commission District 1.

PUBLIC HEARINGS: REZONINGS (CONT’D.)

REZONING CASE NO. PH38-05-5 – A TO R-1 – PHILIP MASTROSIMONE, JR.

STEVEN J. RICHEY, P.A. – TRACKING NO. 40-05-Z

Ms. Jennifer DuBois, Planner, Planning and Development Services, Growth Management Department, explained this request, stating that the applicant was seeking to rezone a ten acre parcel, presently zoned Agriculture and designated Urban Expansion on the Lake County Future Land Use Map (FLUM), from A (Agriculture) to R-1 (Rural Residential), for the creation of a single family residential subdivision. She stated that the property is located in the Lady Lake area, approximately three quarters of a mile west of the intersection of Lake Griffin Road and Grays Airport Road. She stated that the applicant wishes to develop the property at a maximum density of one dwelling unit per acre, which is consistent with the one acre base density of the Urban Expansion land use category, as well as the maximum allowable density of one dwelling unit per acre of the requested R-1 zoning designation. She stated that the parcel was rezoned from R-1 (Rural Residential) to A (Agriculture) in November of 2000, but the applicant is now seeking to return the property back to its original zoning classification. She stated that Policy 1-1.6A of the Lake County Comprehensive Plan states that all residential developments within the Urban and Urban Expansion areas are required to have central potable water service. She stated that the Town of Lady Lake has indicated that, at present, central utilities are unavailable in the area of the subject parcel; therefore, a community well will be required to serve the residents of the subdivision. She stated that, as the requested density does not exceed four dwelling units per acre, an interim wastewater system will not be required; however, once a public system does become available in that area, the project will be required to connect to the system. She stated that staff finds the request to be consistent with the applicable provisions of both the Lake County Land Development Regulations (LDRs) and the Lake County Comprehensive Plan, therefore, are recommending approval of the request.

The Vice Chairman opened the public hearing.

Mr. Steve Richey, Attorney, representing the applicant, addressed the Board stating that, as staff indicated, the parcel in question was rezoned from R-1 (Rural Residential) to A (Agriculture), to allow the applicant to build a barn on the property, before he built his house, noting that one cannot build an accessory use of a barn in the R-1 zoning classification, without having a primary structure in place. He stated that the barn has been built and the applicant is now in the process of building his house on the property, which he noted will become part of a ten acre subdivision. He stated that the Board’s backup material contained a Preliminary Plat showing the layout of the property. He stated that there is a problem with central services in the area, because the Town of Lady Lake has no plans to extend central services into that area, for water or sewer, so the applicant will be providing a private system to serve the subdivision.

Commrs. Stivender and Pool disclosed, for the record, that they had spoken with the applicant’s representative, Mr. Richey, regarding this case, prior to this meeting.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board upheld the Zoning Board’s recommendation of approval and approved Ordinance No. 2005-30 - Philip Mastrosimone, Jr., Steven J. Richey, P.A., Rezoning Case No. PH38-05-5, Tracking No. 40-05-Z, a request to rezone a ten acre parcel from A (Agriculture) to R-1 (Rural Residential), for the creation of a single-family residential subdivision, as presented.

REZONING CASE NO. PH26-05-2 – A TO R-2 – JACK AMON/LAKE APOPKA

SOUND/JUNE ENGINEERING CONSULTANTS, INC.

Ms. Jennifer DuBois, Planner, Planning and Development Services, Growth Management Department, explained this request, stating that the applicant was seeking to rezone a 61.05 acre parcel, which is presently zoned A (Agriculture) and designated Urban Expansion on the Lake County Future Land Use Map (FLUM), to R-2 (Estate Residential), for the creation of a single family residential subdivision. She stated that the property is located in the Clermont/Montverde area, immediately south of Lake Apopka, north of the Florida Turnpike, and just west of the Orange County line. She stated that the preliminary subdivision plan submitted by the applicant reveals that it is a multi-jurisdictional project. She stated that, in addition to the 61.05 acres located within Lake County, approximately 10.71 acres of the proposed subdivision are located within Orange County. She stated that, as the Lake County acreage is bounded by Lake Apopka to the north, a substantial non-isolated forested wetland system to the west, and Florida’s Turnpike to the south, the Orange County section would provide the sole means of access to the subdivision. She stated that the applicant has been informed that a paved access approved by both Orange County and Lake County shall be required. She stated that the applicant has obtained a total of 40 points, through the use of the Urban Area Residential Density Chart, which corresponds to a maximum allowable density of 3.5 dwelling units per acre for the Lake County portion of the project, however, noted that Section 3.03.02(F)(1) of the Lake County Land Development Regulations (LDRs) stipulates that, if the requested zoning district density, which in this case is two dwelling units per acre, is greater than the point system density, the maximum allowable density shall comply with that of the zoning district. She stated that Policy 1-1.6A of the Lake County Comprehensive Plan states that all residential developments within Urban and Urban Expansion areas are required to have central potable water service, with sanitary sewer service mandatory, if the project exceeds four dwelling units per acre, if the soils on the property are unable to support septic tanks, or if the site lies within an approved sewer service area. She stated that, likewise, the subject parcel’s location within the Lake Apopka Basin mandates connection to central water and sewer, where available, in accordance with Section 6.15.05 of the LDRs.

Ms. DuBois stated that communication between staff and the Town of Oakland, the Town of Montverde, and the City of Clermont has yielded information that central sewer service is presently unavailable, but that potable water may potentially be supplied by either the Town of Oakland, or the Town of Montverde, however, noted that both the Planning Director for the Town of Oakland and the Clerk for the Town of Montverde have emphasized that they have not participated in any formal negotiations with the applicant, to date; therefore, further communication between the applicant and the two municipalities would be necessary, during the preliminary planning stage, to establish whether the project would be served by a public water system, or whether a community well will be required. She stated that, once a public system becomes available to serve the project, the development will be required to connect to the system. She stated that, in addition, a staff conducted GIS analysis shows that wetlands comprise approximately 9.65 of the subject parcel’s 61.05 acres and that roughly 10.25 acres are located within the 100 year floodplain; therefore, the applicant shall be required to comply with all wetland and floodplain protection policies established in the LDRs and the Comprehensive Plan. She stated that staff finds the desired use to be consistent with all other provisions of the LDRs and the Comprehensive Plan, therefore, is recommending approval of the request.

Commr. Cadwell referred to the Minutes of the Zoning Board, noting that they indicate the School Board has some concerns about the request and questioned whether specifics about when new schools for that area will be coming on line were addressed and was informed by Ms. DuBois that they were not. He stated that the County is looking at an elementary school that is 102% over capacity, a middle school that is 41% over capacity, and a high school that is 43% over capacity.

Commr. Pool interjected that a charter school, with 700 proposed student stations, located on Hartwood Marsh Road, has broken ground and they are anticipating an August opening date.

It was noted that there will be some clustering in the area and that the wetlands will have to be set aside as a conservation easement, which, in all likelihood, will be dedicated to the homeowners association, or another entity, ensuring that they will be preserved.

The Vice Chairman opened the public hearing.

Mr. Randy June, June Engineering Consultants, Inc., addressed the Board stating that he was representing the applicant and would be happy to answer any questions there might be. He discussed the fact that the applicant is having to deal with the issue of schools, septic limitations, water being provided to the site, and other development constraints.

Upon being questioned by Commr. Cadwell regarding the issue of utilities, Mr. June stated that there have been preliminary discussions with the Town of Oakland for June Engineering to improve their water plant and then they will be more than happy to supply water to the proposed development.

Ms. Cynthia Barrow, a resident of the City of Clermont, addressed the Board stating that she has a son that attends Pine Ridge Elementary and that she is a member of a new group that has been formed, VOICE (Voters Organization Involved in Children’s Education), which is in its sixth week, currently has a membership of over 200 people, and will soon have a non-profit status. She stated that her group has been working with the Clermont City Council, which has developed a growth resolution that will be introduced to the Lake County School Board, in a joint workshop, on May 17, 2005. She stated that the growth resolution is only one step in a much needed process of all levels of government coming together, with regard to the County’s growth problem and the severe overcrowding of its schools. She stated that the School Board is currently in disarray, which has delayed getting the County’s schools built in a timely manner, a lot of which has to do with what everybody has been reading in the press – the current inability of the School Board to work with the Superintendent of Schools. She addressed the issue of impact fees, noting that they may cover bricks and mortar, but they do not cover the hiring of teachers, support service personnel, books, etc. She stated that each development that is approved by the Board, even though it may be a small development, has a cumulative effect on the County’s schools, which she elaborated on, noting that the County is in a dire situation. She stated that the capacity of Pine Ridge Elementary went from 1,100 to 1,300 students and the school recently had a situation, due to needed infrastructure not being available, that created some health and safety concerns for the students. She stated that the Board needs to work with the Superintendent of Schools and the School Board, to find out where they are with proposed projects and what the County can do to address the overcrowding situation in the schools.

Commr. Stivender informed Ms. Barrow that it is very difficult to get the Board of County Commissioners and the School Board together and it is very hard for the Board to balance the property rights of citizens who come before them versus what the School Board does, because they have no authority over the School Board. She stated that the Board has tried to do what it can about the school situation, noting that they continue to talk to the School Board and try to work with them.

Ms. Barrow stated that VOICE would like to see a joint workshop take place between the Board of County Commissioners and the School Board and was informed that there have been many such workshops.

Commr. Pool stated that the County Attorney and the attorney for the School Board recently came up with an idea, which was presented to the School Board, being that, if a developer agrees to prepay the impact fees, or pay for them over time, it becomes a taxable item on the tax rolls and they can then borrow money for the entire project. He stated that, instead of having a piecemeal approach to the situation, where the County would get $7,055 here and maybe get the next payment a month later, it would put the whole thing on the tax rolls and create a bondable opportunity to have the schools built, as necessary.

Commr. Hanson interjected that what it does is provide those dollars that will then free up other dollars for the School Board to use.

Ms. Barrow stated that the bricks and mortar need to be in place, by the time the proposed subdivisions are built, and was informed by Commr. Pool that that is what the new rule will do, should the developers choose to go along with it.

Mr. Sandy Minkoff, County Attorney, stated that it will speed up the collection of impact fees, however, was not sure whether it would lead to new schools being constructed before subdivisions are built.

Ms. Barrow questioned what VOICE could do about the situation, noting that they are a voting block and want to have their voices heard. She stated that it is a group of parents and grandparents that are extremely concerned about the County’s school situation, which they consider to be a dire one.

It was noted that all this Board can do is urge the School Board to keep moving forward.

Commr. Cadwell stated that people need to get on line with the Legislature, noting that the Growth Management Bill is moving very quickly and there is some concurrency language in that Bill that will scare some people to death, however, noted that it may please some others. He stated that VOICE can continue to remind the Board that the County needs student stations, but Tallahassee is where the real money is, when one speaks about staffing and those types of things. He stated that the Board can do everything it can to work with the School Board and have as high impact fees as is legal, to try to help them financially, but the pace is what the current problem is. He stated that the School Board is always going to be in a situation where it is a little behind, but not 102% over capacity. He stated that being 10-15% over capacity is probably the best that the County can ever hope for, noting that the only way to stop being 102% over capacity is for the Board to say “No”.

Commr. Hanson stated that the Board also needs VOICE’s help with the Legislature in protecting impact fees at the local level. She stated that she feels the Board needs to look at how many children attend Lake County schools that do not live in the County, noting that she recently discovered approximately 200 students attend Round Lake Elementary that live in Orange County. She stated that the Board has not been given those facts in the past and she feels sure it is happening all over the County.

Ms. Sheri Boam, a resident of Clermont and a member of VOICE, addressed the Board stating that she has two sons that attend Lost Lake Elementary and that they are two of approximately 1,400 children that are stuffed into a school that was built for 957 students. She stated that she did not want to belittle the school, noting that it is a wonderful school, with excellent teachers, but she is concerned about the overcrowded situation at the school. She stated that she was before the Board this date to talk to them not only about this case, but all such cases in south Lake County, and the fact that all the schools in south Lake County are in crisis, noting that next year Lost Lake Elementary’s student population is projected to be 1,600. She asked the Board to be on the side of the children, because they are the future of south Lake County, and, by the Board approving additional subdivisions over and over again, their education is being compromised. She submitted, for the record, a list (Opposition’s Exhibit A) indicating the projected student population throughout Lake County for the 2005/2006 year, compared to what it was for the 2004/2005 year, which she reviewed with the Board, noting that said list was published in The Orlando Sentinel in January of this year and it is already out of date. She stated that their source was the School Board, at which time she noted that the list does not include future approvals - what has already been approved and not yet built.

Ms. Boam stated that she attended the Clermont City Council Meeting and heard applicants tell the Council that, if they did not approve their request, they would take it before the Board of County Commissioners and it would be approved and at a higher density. She stated that the Board is allowed to say “No”. She stated that, ideally, VOICE would love to have concurrency, but, until such time as that legislature goes through, which she feels it eventually will, the Board has to say “No”, or they have to start asking those people that are requesting approval of their requests to provide the extra student stations that are needed. She stated that, for one to live in Lake County and not know that impact fees do not cover the cost of new student stations, one has to have had plugs in their ears and a bag over their head, noting that everybody knows that impact fees do not cover said costs. She stated that, unless south Lake County is allowed to stop and catch its breath, the overcrowding of its schools is going to be a continuing problem. She stated that she would hope the Board would make the right decision and say “No”.

There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing.

Commr. Cadwell urged the Board not to approve this request at this time.

Commr. Pool stated that, obviously, there is a situation in south Lake County and the County is playing catch up, as it moves forward, unfortunately, every school, on a continuing basis, based on the rules of the road, will be to capacity and beyond at every opportunity, because the State will not allow new schools to be built until the other schools are at and beyond capacity, and then, when the new schools are built, they have to absorb that capacity completely – the State will not allow a vacant school to be built. He stated that they are trying to change that, to where schools can be built beyond capacity, so that the students can grow into them. He suggested that this request be denied, without prejudice, to allow the new schools to come on line and absorb the capacity, which will slow down the process, but not eliminate the opportunity.

It was noted that the applicant will be able to come back before the Board after one year, if the circumstances have changed, should the Board deny this request, without prejudice.

Commr. Hanson reiterated the fact that she would like for the Board to have an accounting from the School Board of how many children attend school in Lake County that live in other counties. She stated that she would not be voting in favor of this request, because she feels it needs to be a PUD (Planned Unit Development), and she feels the County’s LDRs need to require clustering as much as possible, for the small developments, as well as the large ones.

It was noted that the Board needs to obtain a list of those students that attend schools out of their zones, as well.

Commr. Stivender stated that the Board needs to come up with a number that they can all agree on, for requiring a PUD, noting that that discussion has been going on in the County for approximately 30 years, and it is not fair to those developers that bring their requests before them for approval.

Commr. Hanson stated that a PUD used to be required for every development over 50 acres.

Commr. Stivender stated that now would be the best time to determine said number, while the County is redoing its Comprehensive Plan.

Mr. June readdressed the Board stating that it is very frustrating to a developer that has gone through the process that the County has in place and has met all the requirements, to be told at the eleventh hour that he does not meet one requirement that has not been defined to him until fifteen minutes ago - that the Board is going to take the position that they are going to deny projects on the basis of school capacity. He stated that, in fairness to the development community, the County needs to define a set of rules for them to go by, with regard to said issue. He stated that he would like to postpone this case for 30 days, in order to generate more information, noting that he does not feel the information contained in the report that was submitted to the Board is correct, or to withdraw his application.

Mr. Minkoff, County Attorney, stated that the LDRs would allow the applicant to withdraw his request this date, with Board approval, but that, once he withdraws it, he would have to reapply with a new application and go through the entire process again.

Mr. June stated that he would like to withdraw his request.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the withdrawal of Rezoning Case No. PH26-05-2, Jack Amon/ Lake Apopka Sound/June Engineering Consultants, Inc., Tracking No. 32-05-Z, a request to rezone from A (Agriculture) to R-2 (Estate Residential), for the creation of a single family residential subdivision, as requested by the applicant.

REZONING CASE NO. PH31-05-4 – A TO R-3 – DENISE ROBINSON AND

NATHAN KORLIKER – TRACKING NO. 44-05-Z

Ms. Jennifer DuBois, Planner, Planning and Development Services, Growth Management Department, explained this request, stating that the applicants are seeking to rezone a five acre parcel from A (Agriculture) to R-3 (Medium Residential), for the creation of a single family residential subdivision. She stated that the property is located in the Eustis area, west of the intersection of S. Fish Camp Road and Donovan Lane. She stated that potable water will be supplied by the City of Eustis, while sanitary disposal will be achieved via individual septic tanks. She stated that the applicant has obtained a total of 35 points, through the use of the Urban Area Residential Density Chart, which corresponds to a maximum allowable density of 3.5 dwelling units per acre; however, as the requested zoning district density is less than that of the point system density, the maximum allowable density shall comply with the zoning district density of 3 dwelling units per acre. She stated that staff finds the desired use is consistent with all other provisions of the Lake County Land Development Regulations (LDRs) and the Lake County Comprehensive Plan, therefore, recommends approval of the request.

Commr. Cadwell pointed out the need for a correction on Page 3 of the Staff Report, under Item E., noting that East Ridge High School should be changed to Eustis High School.

The Vice Chairman opened the public hearing.

Mr. Paul Saca, representing the applicants, addressed the Board to answer any questions there might be about the case, stating that the applicants were out of town and not able to attend this meeting. He stated that he was sure the applicants would meet all the requirements necessary for their request to be approved.

Commr. Stivender pointed out the fact that the statistics shown in the Staff Report indicate that Treadway Elementary is already 41% over capacity and that, if the Board approves this request, it will further overpopulate said school. She questioned why the Board would approve this request, with the schools in the area already being overpopulated, when it would not approve the previous request, which had the same type of circumstances, noting that the Board needs to be consistent in their approval/disapproval of such cases. She stated that the County has got to come up with a system that the general public can understand and not come before the Board blind.

Ms. Mandy Bass, a resident of the area in question, addressed the Board stating that she was not opposed to the applicants doing what they want to do with their property, however, noted that Deer Meadow Lane, which is in close proximity to her property, is nothing but sand and, when it rains, the rain runs onto S. Fish Camp Road and practically into her yard. She questioned whether the applicants plan to buffer the property and put in a retention pond, in order to alleviate the problem, and what type of ingress/egress they plan to have, for accessing the property – whether they plan to ingress/egress off of Deer Meadow Lane or S. Fish Camp Road.

It was noted that the project has not gone through the development review process yet, but that the development review staff will be informed about Ms. Bass’s concerns.

Ms. DuBois stated that the only thing the Public Works Department indicated in their comments is that the dedication of additional right of way on S. Fish Camp Road shall be required, which she noted will be handled during the time of platting.

There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried, by a 3-1 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2005-31, Denise Robinson and Nathan Korliker, Rezoning Case No. PH31-05-4, Tracking No. 44-05-Z, a request to rezone a five acre parcel from A (Agriculture) to R-3 (Medium Residential), for the creation of a single family residential subdivision, as presented.

Commr. Stivender voted “No”.

REZONING CASE NO. PH30-05-2 – R-1 TO R-4 – LEONARD H. BAIRD, JR.,

TRUSTEE/CECELIA BONIFAY, ESQUIRE – TRACKING NO. 47-05-Z

Ms. Jennifer DuBois, Planner, Planning and Development Services, Growth Management Department, explained this request, stating that the applicant is seeking to rezone a 19.71 acre parcel, which is presently vacant, from R-1 (Rural Residential) to R-4 (Medium Suburban Residential), for the creation of a single family residential subdivision. She stated that potable water will be supplied by Lake Utilities, Inc., while sanitary sewer service will be furnished by the City of Clermont. She stated that, through the use of the Urban Area Residential Density Chart, the applicant has obtained a total of 38 points, which corresponds to a maximum allowable density of 3.5 dwelling units per acre, however, noted that, as the requested zoning district density, which in this case is four dwelling units per acre, is greater than that of the point system density, the maximum allowable density shall comply with the point system density, so it will be capped at 3.5 dwelling units per acre. She stated that staff finds this request to be consistent with all other provisions of the Lake County Land Development Regulations (LDRs) and the Lake County Comprehensive Plan, therefore, issues a recommendation of approval.

Commr. Pool addressed the concern that the Board has about developments being approved in areas where the schools are already above capacity, reiterating the fact that the County needs to come up with a consistent plan, with regard to zoning requests. He stated that he has always tried to support reasonable lower densities and questioned whether the intent of the applicant is to build the property in question out at 3.5 dwelling units per acre, or whether it is the applicant’s intent to end up with 2 to 2.5 dwelling units per acre.

Ms. DuBois stated that, since the request is to rezone the property to a straight residential category, the applicant was not required to have a pre-submittal conference with the development review staff, so a conceptual plan has not yet been submitted.

Commr. Cadwell stated that the State has a number that allows a school to enlarge, when it gets to a certain capacity, and staff needs to find out what that number is, noting that he feels that is where the County should start.

Commr. Pool interjected that it is obvious, when a school is at 102% over capacity, that a new school should automatically be under construction to handle the overcrowded situation, but that is not what is happening.

The Vice Chairman opened the public hearing.

Mr. Chris Roper, Attorney, Akerman, Senterfitt, representing the applicant, addressed the Board and displayed an aerial (Applicant’s Exhibit A) of the property in question, which he reviewed with the Board and submitted, for the record. He stated that the zoning classifications for the surrounding properties are a classic example of infill, noting that they go from R-3 to R-4 to R-6. He stated that the applicant is requesting an R-4 zoning, rather than an R-3, because the bonus density point system, based on the Lake County Code, allows the applicant up to 3.5 dwelling units per acre, however, noted that the applicant will more than likely construct 2.2 to 2.5 dwelling units per acre. He stated that the County is currently in the process of putting together some land development codes for the Joint Planning Area (JPA) with the City of Clermont and this property happens to be in that JPA. He stated that, as far as the situation involving the schools is concerned, he spoke with Mr. Harry Fix, AICP, Director, Growth Planning Department, Lake County Schools, about the request and, based upon the 3.5 dwelling units per acre density for the 20 acre project, it would equate to approximately 70 lots, which will yield approximately 21 additional students, beyond what would already be allowed by the R-1 zoning, that would be spread out between the elementary, middle, and high schools, as follows: nine additional elementary school students, five additional middle school students, and seven additional high school students. He stated, however, that the impacts of the property will not occur until the year 2007 and, based upon his discussions with Mr. Fix, there should be 934 new elementary school student stations available by August 1, 2007. He stated that the same pertains to the middle and high schools in the area, the only difference being that the middle school is not supposed to have additional student stations until August of 2008, but it will be 1,400 new student stations. He stated that the point he was trying to make was that the impacts of the proposed development will not occur until there are additional student stations available, per the projections he obtained from Mr. Fix, with the Lake County School System.

The Vice Chairman opened the public hearing.

Ms. Sheri Boam, a resident of the City of Clermont and a member of VOICE ((Voters Organization Involved in Children’s Education), readdressed the Board and voiced the same concerns that she had voiced regarding a previous request, dealing with the approval of proposed developments, as they relate to the issue of many of the County’s schools being overcapacity. She asked the Board to call the Principal of Pine Ridge Elementary, the school that she feels will be the most impacted by the additional students that will be generated by the proposed subdivision, and ask her where she is going to put any additional students, noting that she does not think she has a single space for them.

Commr. Pool stated that the property in question is a very small parcel and, at 2.3 dwelling units per acre, will only generate 11 more students than what is currently there. He also noted that the property is infill, so there is not going to be a lot that will happen around that particular site.

Ms. Boam stated that one more student in a school that is already overcapacity is one more too many.

Commr. Pool stated that not one single school district or county is every going to have the perfect scenario, where the schools are not overcrowded, unless people start leaving the area.

Ms. Boam stated that the Board will hear more from the members of VOICE, noting that they will be before the Board consistently, to remind them about the County’s school situation.

It was noted that the Board hopes VOICE will attend the School Board meetings on a regular basis, as well, in that it takes parents to get things done. They were thanked for bringing forth some positive recommendations.

Ms. Cynthia Barrow, a resident of the City of Clermont and a member of VOICE (Voters Organization Involved in Children’s Education), readdressed the Board, as she did for a previous case, stating that there needs to be some follow up and accountability of exactly where the school projects are, at which time she noted that the Minneola site has sand skinks, which is a very large problem, in that it may take as much as two years for them to be removed, in the fashion in which they are supposed to be removed. She stated that there are a lot of problems with other school sites and their development, as well. She informed the Board that the Principal of Pine Ridge Elementary, the school that her son attends, does not know how she is going to handle any additional students, noting that she is stretched to her limit and very, very stressed. She stated that the school started out this year with 1,100 students and it now has a population of 1,200 students, and it is going from 17 co-teaching classrooms to 22 next year. She then addressed the issue of co-teaching and the dire situation that the schools in Lake County are in at the present time.

There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing.

Commrs. Hanson and Pool disclosed, for the record, that they had spoken with Mr. Mark Oswalt, regarding this case, prior to this meeting.

Commr. Stivender stated that she agreed that the property involved is infill, however, noted that she was going to be consistent with her last vote and vote against this request.

Commr. Hanson stated that she also agrees that the property is infill, but that she feels the impact is demenemous, which is something that the Board needs to look at for each case. She stated that this request is different from a previous request that the Board had voted against, in that this request involves infill, where the other one did not, and this parcel is much smaller than the other parcel.

Commr. Pool stated that it appeared the vote was going to be 2-2, therefore, felt the right thing for the applicant to do would be to withdraw or table the request. He stated that the key is to make sure that, as the other schools are brought on line, the 11 student stations are accounted for. He stated that he did not feel the County could ask for a better project than 2.3 dwelling units per acre on the site in question, noting that, as he looks at the scheme of things, it is important for the future to put the right density in the right place. He stated that, what he does not want to see happen is that, in three to five years, things change and these projects become potential apartment complexes, etc. He stated that he wants to keep the density low and this Board has the opportunity to do that, although it was not going to happen this date.

Commr. Hanson stated that she feels the inconsistency, from the Board’s perspective, is that they approve large scale land use amendments and then deny a small project, such as this one. She stated that the Board has voted for many large scale developments that will be coming on board soon and that is where the discrepancy comes in.

Commr. Pool referred to the letter from Mr. Harry Fix, with the Lake County School System, and questioned whether the school capacity percentages that they indicated in said letter pertained to the region or zone that the children will attend, as it pertains to one of the previous requests, in that both requests indicated overcapacity percentages for the same elementary school, but each one indicates different figures. He stated that he was also trying to be consistent with his vote and that he wants to make sure that there is at least dialogue and discussion, as the they go forward, with what the Board will and will not do and how they can ensure that the developers coming forward will have some of that information, before they waste their time coming before the Board.

Mr. Roper requested approval to postpone this request for 30 days, pending his research of Commr. Pool’s question regarding the school zones.

On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to postpone Rezoning Case No. PH30-05-2, Leonard H. Baird, Jr., Trustee/Cecelia Bonifay, Esquire, Tracking No. 47-05-Z, for 30 days, until the Board Meeting of May 24, 2005.

REZONING CASE NO. PH29-05-1 – A TO C-1 – WILLIE AND BIRDIE MITCHELL TRACKING NO. 37-05-Z

Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Growth Management Department, explained this request, stating that it was a request to rezone a 3.8 acre parcel located in the Leesburg area, north and west of the intersection of CR 44 and Radio Road, from A (Agriculture) to C-1 (Neighborhood Commercial District), to allow the applicants to market the property at its highest and best use. He stated that the property is located in a Neighborhood Activity Center, as depicted on the Future Land Use Map of Lake County, on CR 44, which is designated as a collector road, at the intersection of Variety Tree Road, which is a local road. He stated that the request is consistent with Lake County’s Land Development Regulations (LDRs), as seen in Chapter 3, Section 3.00.03, which permits C-1 (Neighborhood Commercial) within the Commercial Activity Center, and with the Lake County Comprehensive Plan, as seen in Policy 1-3A.1(3) Neighborhood Activity Center. He stated that, based on the findings of fact, staff recommends approval of the request.

The Vice Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2005-32 - Willie and Birdie Mitchell, Rezoning Case No. PH29-05-1, Tracking No. 37-05-Z, a request to rezone a 3.8 acre parcel of property from A (Agriculture) to C-1 (Neighborhood Commercial District), to allow the applicants to market the property at its highest and best use, as presented.

REZONING CASE NO. PH32-05-3 – AMEND LANGUAGE IN PUD ORDINANCE

NO. 2003-38 – GRASS ROOTS AIRPARK PROPERTIES, INC./DAVID GAY

TRACKING NO. 43-05-PUD/AMD

Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Growth Management Department, explained this request, stating that the owner/applicant wishes to amend the language in PUD Ordinance No. 2003-38, to allow the keeping and grazing of horses as a permitted use on Grass Roots Airpark Sub Lot 3A only; to allow the accessory structure or structures necessary for their keeping to be built, prior to the construction of the principal residence on Sub Lot 3A; and to permit an airplane hanger to be built on Lot 3, across the road from Sub Lot 3A, which gives access to the runway area for the airpark, where the hanger will be built, allowing the owner/applicant to store his airplane there. He stated that staff has reviewed the request and has found it to be consistent with the Lake County Land Development Regulations (LDRs) and the Lake County Comprehensive Plan and comes forward with a recommendation of approval. He stated that the request pertains to a PUD that was approved in 2003 for a 104 acre site, located north of Mascotte, off of CR 33 and Indigo Road. He stated that the request has gone through the platting process, to plat the residential area, which is surrounded by agriculture. He stated that the gentleman that is interested in purchasing said property wants to have horses and, because the lot is separated by a road and is more towards the agricultural side, it would not be in conflict with the airpark that is currently under site plan review, to cause a safety hazard involved with any of the private planes that would be landing at the airpark at some point, noting that it is a residential flying community in the Rural land use. He stated that the Zoning Board recommended approval of the request, by a 5-0 vote.

Commr. Cadwell questioned whether this request was a way for the owner/applicant to get around deed restrictions involving the property and was informed by Mr. Hartenstein that that was not the case.

The Vice Chairman opened the public hearing.

No one was present in opposition to the request,

There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2005-33 - David Gay/Grass Roots Airpark Properties, Inc., Rezoning Case No. PH32-05-3, Tracking No. 43-05-PUD/AMD, a request to amend the language in PUD Ordinance No. 2003-38, to allow the keeping and grazing of horses as a permitted use on Grass Roots Airpark Sub Lot 3A only; to allow the accessory structure or structures necessary for their keeping to be built, prior to the construction of the principal residence on Lot 3A; and to permit an airplane hanger to be built on Lot 3, prior to the principal residence being constructed on Lot 3A, as presented.

REZONING CASE NO. CUP05/4/2-4 – CUP IN A – FDEP PARKS AND

RECREATION/ROCK SPRINGS RUN STATE RESERVE/MICHAEL KINNISON,

PARK PLANNER – TRACKING NO. 33-05-CUP

Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Growth Management Department, explained this request, at which time he distributed to the Board, for their perusal, an updated copy of the Ordinance, noting that the copy of the Ordinance contained in the Board’s backup material was a draft of the Ordinance and not what went before the Zoning Board. He stated that the Staff Report addresses a concern regarding the adequacy of fire protection for the bed and breakfast inn, at which time he distributed a packet (County Exhibit A) of information, containing a letter from Mr. Alan Matthews, F.P.S., State Fire Marshal’s Division, Orlando/Fire Prevention, to Mr. Michael J. Kinnison, AICP, Park Planner, Office of Park Planning, Tallahassee, Florida, dated April 11, 2005, indicating that they inspected the site and feel that adequate facilities are in place, as well as letters from various other agencies regarding the matter.

Commr. Hanson disclosed, for the record, that she had spoken with representatives of the Florida Department of Environmental Protection’s Rock Springs Run State Reserve prior to this meeting.

Mr. Hartenstein continued to explain the request, stating that the park is owned by the Florida Trust for Public Lands and that the request is to allow a bed and breakfast inn and equestrian concession facilities in existing facilities already on the property. He stated that a single family residence (ranch home) that was located on the property when the State purchased it became part of the Reserve. He stated that there are barns at the Rock Springs Reserve, where the FDEP would like to have an equestrian concession, noting that one would be able to rent the horses and take them on guided horse trail rides, etc. in the park. He stated that the property is currently zoned A (Agriculture); the future land use is Public Resource Lands; and the CUP (Conditional Use Permit) would encompass approximately 500 acres. He stated that the single family residence is on an individual well and septic tank and the proposed CUP is consistent with the general purpose, goals, objectives, and standards of the Lake County Land Development Regulations (LDRs) and the Lake County Comprehensive Plan. He stated that the Code of Ordinances of Lake County, as seen in LDR Subsection Table 3.01.03, allows for a bed and breakfast inn, as a conditional use within the Agricultural zoning district, and Subsection 7.00.04.B.5 allows for the keeping, grazing and feeding of horses within the Wekiva River Protection Area. He stated that the request is in compliance with all other applicable provisions of the LDRs and, in addition, Policy 1-20.15 of the Comprehensive Plan states that agriculture is recognized as a legitimate and productive use of land within the Wekiva River Protection Area.

Mr. Hartenstein stated that the conditional use will not have an undue adverse effect upon adjacent properties and the use is compatible with the existing and planned character of the area in which it is located. He stated that verification with the Lake County Code Enforcement Division has revealed that no complaints or Code violations have been filed against the subject property. He stated that the adequacy of fire protection is a concern for the bed and breakfast, at which time he noted that the letter (contained in a packet of information submitted as County Exhibit A) he submitted to the Board earlier in the meeting, from the State Fire Marshall’s Office, addressed some of that concern. He noted, however, that staff, as part of the Ordinance, is requiring that a stabilized road surface twenty (20) feet wide, capable of supporting up to thirty-two (32) tons, for emergency vehicle response, be provided from a paved road access point to the bed and breakfast inn, which will be addressed during site plan review and approval, if this CUP is approved. He stated that the closest paid fire station is Station 39, which is approximately 8.5 miles from the site, with an estimated response time of 6 to 12 minutes, however, noted that there would also be a reciprocal response from Seminole County, if need be. He stated that there appears to be no environmental constraints that would preclude the approval of this use. He stated that the County received one letter of opposition, which was submitted to the Board, for their perusal. He stated that the Zoning Board recommended approval of the request and staff recommends approval, as well, with conditions, as set forth in the Ordinance.

The Vice Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2005-34 – FDEP Parks and Recreation/Rock Springs Run State Reserve/Michael Kinnison, Park Planner, Rezoning Case No. CUP05/4/2-4, Tracking No. 33-05-CUP, a request for a CUP in A (Agriculture), to allow for a bed and breakfast inn and equestrian concession facility, as presented, with conditions, as set forth in the Ordinance.

REZONING CASE NO. PH39-05-3 – AMEND CP ORDINANCE NO. 43-82

ADALBERT RIOS/STEVEN J. RICHEY, P.A. – TRACKING NO. 41-05-CP/AMD

Mr. John Kruse, Senior Planner, Planning and Development Services, Growth Management Department, explained this request, stating that it was a request to amend CP Ordinance No. 43-82, to include vehicular sales, vehicular detailing, and professional office uses. He stated that the current ordinance permits the site to be used for a church, noting that, prior to this ordinance, the site was under Ordinance No. 13-81, that designated the use of the site to be used for mini-warehouses, car rental, and car sales. He stated that the proposed use is consistent with uses in the area and the historical uses of the site. He stated that, under Table 3.01.03 of the Lake County Land Development Regulations (LDRs), the requested uses are permitted in the CP zoning designation. He stated that the parcel is located in the Urban land use category, and CP zoning is an allowed designation in this category. He stated that staff reviewed the Lake County Comprehensive Plan and the Lake County Land Development Regulations and supports the applicant’s request for the amendment, noting that it is a redevelopment of the Old U.S. Hwy. 441/Alfred Street corridor. He stated that the Zoning Board recommended approval, by a 5-0 vote, and staff recommends approval, as well, with conditions, as set forth in the Ordinance.

During an earlier case, Commrs. Stivender and Pool disclosed, for the record, that they had spoken with the applicant’s representative, Mr. Richey, regarding this case, prior to this meeting.

The Vice Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2005-35 - Adalbert Rios/Steven J. Richey, P.A., Rezoning Case No. PH39-05-3,Tracking No. 41-05-CP/AMD, a request to amend CP Ordinance No. 43-82, to include the use of a .83 acre site for vehicular sales, vehicular detailing, and/or professional offices, as presented, with conditions, as set forth in the Ordinance.

REZONING CASE NO. CUP05/4/1-5 – CUP – HARBOR HILLS DEVELOPMENT,

L.P./STEVEN J. RICHEY, P.A. – TRACKING NO. 42-05-CUP

Mr. John Kruse, Senior Planner, Planning and Development Services, Growth Management Department, explained this request, stating that the owner is requesting a Conditional Use Permit (CUP) for an RV and boat storage facility on 4.33 acres that is located in the R-1 (Rural Residential) zoning district. He stated that said property is located across the street from the Harbor Hills PUD and will only be used by the residents of Harbor Hills. He stated that, under Section 3.01.02 of the Lake County Land Development Regulations (LDRs), the storage of RVs and boats would fall in the land use classification of “Truck Yard” and, under Table 3.01.03 Schedule of Permitted and Conditional Uses of the LDRs, “Truck Yards” are only permitted in the CP, LM, HM, MP zoning districts and with a CUP in A (Agriculture); therefore, staff was recommending denial of the request. He noted that the Zoning Board recommended approval of the request, by a 5-0 vote.

Commr. Cadwell stated that the parcel in question cannot be seen from the road and feels that it would be an ideal place for the residents to store their RVs, etc. He stated that there is a time frame involved with the CUP, so it will go away in three years.

It was noted that a landscape buffer will be installed on the property, as well.

During an earlier case, Commrs. Stivender, Pool, and Cadwell disclosed, for the record, that they had spoken with the applicant’s representative, Mr. Richey, regarding this case, prior to this meeting.

The Vice Chairman opened the public hearing.

Mr. Steve Richey, Attorney, representing the owners, Harbor Hills Development, L.P., addressed the Board stating that this was a request to temporarily store RVs and boats on the property in question, for no longer than three years, tied specifically to the residents of Harbor Hills. He stated that the owners are requesting a CUP, because the RVs are currently stored on the south end of the property, where the residents have asked to have softball fields constructed. He noted that the site is less visible to the residences and the residents will have easier access to the RVs and boats, without having to drive through the subdivision to get to them.

No one was present in opposition to the request.

There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2005-36 - Harbor Hills Development, LP/Steven J. Richey, P.A., Rezoning Case No. CUP05/4/1-5, Tracking No. 42-05-CUP, a request for approval of a Conditional Use Permit, to permit RV and boat storage on a 4.33 acre parcel, for use by the residents of Harbor Hills, as presented.

REZONING CASE NO. PH37-05-3 – R-1 TO MP – GARY AND CAROL SCHERB

STEVEN J. RICHEY, P.A. – TRACKING NO. 39-05-MP

Mr. John Kruse, Senior Planner, Planning and Development Services, Growth Management Department, explained this request, stating that it was a request to rezone a .52 acre parcel from R-1 (Rural Residential) to MP (Planned Industrial), for warehouses, mini-warehouses, professional offices, personal care services, research services, vehicle storage, or consumer services and repair. He stated that the uses are consistent with uses in the area and that, under Table 3.01.03 of the Land Development Regulations (LDRs), the requested uses are permitted in the MP zoning designation. He stated that the parcel is located in the Urban land use category and an MP zoning is an allowed designation in this category, at which time he noted that the parcel is presently surrounded on three sides by heavy industrial uses. He stated that the Lake County Comprehensive Plan supports the applicant’s request for the amendment, and redevelopment of the Old U.S. Hwy. 441/Alfred Street corridor is encouraged; therefore, staff was able to support the applicant’s request, with conditions, as set forth in the Ordinance. He noted that the Zoning Board recommended approval of the request, as well, by a 5-0 vote.

Commrs. Stivender and Pool disclosed, for the record, that they had spoken with the applicant’s representative, Mr. Richey, regarding this case, prior to this meeting.

The Vice Chairman opened the public hearing.

Mr. Steve Richey, Attorney, representing the owners of the property, addressed the Board stating that this request involves an existing steel building that was constructed by the owner of the property, to store his collection of antique cars, which is a hobby of his. He stated that, as he grows older and no longer collects antique cars, he would like to have the opportunity for alternative uses for the building, for his widow, when he is no longer around.

No one was present in opposition to the request.

There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2005-37 - Gary and Carole I. Scherb/Steven J. Richey, P.A., Rezoning Case No. PH37-05-3,Tracking No. 39-05-MP, a request for approval to rezone a .52 acre parcel from R-1 (Rural Residential) to MP (Planned Industrial), for warehouses, mini-warehouses, professional offices, personal care services, research services, vehicle storage, or consumer services and repair, as presented, with conditions, as set forth in the Ordinance.

REPORTS – COUNTY MANAGER

SCHOOL CAPACITY ISSUES/PUD ISSUE

Ms. Cindy Hall, Assistant County Manager/Interim County Manager, informed the Board that staff understands all the school capacity issues that they brought forward this date and will work expeditiously to get them that information, as well as to answer the PUD question that was raised by the Board.

REPORTS – COMMISSIONER POOL – DISTRICT 2

BELLA COLLINA PROJECT

Commr. Pool congratulated Ginn-LA Pine Island, Ltd. on having a very successful day, with regard to the sale of the balance of the Bella Collina lots, on Lake Apopka, noting that he feels it is going to be a premier project for not only south Lake County, but all of Central Florida, and commended them on their efforts and success. He stated that the first time around they broke a record in the history of real estate sold in the United States for the most sales in the least amount of time, which amounted to $174 million, and the balance of the sales amounted to $320 million in one afternoon, so it must have set a second record for real estate sold in the United States, and it occurred in Lake County. He stated that property values will increase in the County, because of the Bella Collina project.

REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

MEMORIAL DAY EVENT

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request that the Lake County Democratic Party be allowed to conduct a Memorial Day vigil on the steps of the Historic Courthouse, from 7:00 p.m. to 9:00 p.m., on Monday, May 30, 2005.

REPORTS – COMMISSIONER CADWELL – DISTRICT 5

REAPPOINTMENT TO CITIZENS’ COMMISSION FOR CHILDREN

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved to place the reappointment of the District 5 representative on the Lake County Citizens’ Commission for Children on the Agenda.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board reappointed Ms. Kyleen Fischer to the Lake County Citizens’ Commission for Children, representing District 5.

REPORTS – COMMISSIONER HANSON – DISTRICT 4

SUSTAINABILITY SEMINAR

Commr. Hanson informed the Board that the Sustainability Seminar that was held on Friday, April 22, 2005, was outstanding. She stated that it dealt with “green building” and that she would be bringing back to the Board, at a later date, some resolutions and ordinances from other counties and cities that have been successful with that program that, hopefully, the Board will approve. She stated that she appreciated staff’s efforts in coordinating the seminar, noting that she felt they did an outstanding job.

REPORTS – COMMISSIONER HANSON – DISTRICT 4

HOSPICE OF LAKE & SUMTER, INC.

Commr. Hanson stated that there is an effort in the Legislature to make all hospices “for profit”, which would eliminate the “not for profit” status of Lake County’s hospice.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board directed that the Chairman or the Vice Chairman of the Board of County Commissioners write a letter to the County’s legislative delegation asking that they oppose any legislation that would take away the “not for profit” status of Lake County’s hospice (Hospice of Lake & Sumter, Inc.).

REPORTS – COMMISSIONER CADWELL – DISTRICT 5 (CONT’D.)

LEGISLATIVE SESSION

Commr. Cadwell informed the Board that the last week of the legislative session is going to be crazy, therefore, urged them to read any legislative updates, noting that they may be called upon to take a trip to Tallahassee, or to make some telephone calls.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:55 a.m.

__________________________

JENNIFER HILL, CHAIRMAN

ATTEST:

__________________________

JAMES C. WATKINS, CLERK