A
SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS
SEPTEMBER
19, 2005
The Lake County Board of County Commissioners met in special
session on Monday, September 19, 2005, at 5:00 p.m., at Minneola City Hall,
Minneola, Florida, to hear a petition to rezone property by the Lake
County School Board. Commissioners present at the meeting were: Jennifer Hill,
Chairman; Catherine C. Hanson, Vice Chairman; Welton G. Cadwell; Debbie
Stivender; and Robert A. Pool. Others present were: Sanford A. “Sandy” Minkoff,
County Attorney; Cynthia W. “Cindy” Hall, County Manager; Wendy Taylor,
Executive Office Manager, Board of County Commissioners’ Office; and Judy
Whaley, Deputy Clerk.
INVOCATION
AND PLEDGE
Mr.
Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of
Allegiance.
PUBLIC HEARING - REZONING
REZONING CASE PH#50-05-2- LAKE COUNTY
PUBLIC SCHOOLS - HARRY FIX, AICP - TRACKING NO. 56-05-CFD
Commr. Hill stated that the purpose
of tonight’s meeting is to hear a request for Rezoning Case PH#50-05-2; Lake
County Public Schools; Harry Fix, AICP; Tracking No. 56-05-CFD, a request to
rezone from PUD (Planned Unit Development) to CFD (Community Facility
District).
Mr. Sandy Minkoff, County Attorney,
explained the quasi-judicial process a follows: the Board is acting as a judge
or hearing officer on the application filed by the School Board for rezoning of
the property. The County Code provides that other interested persons could
participate by filing a Notice of Appearance at least five days before tonight’s
meeting. No such notice has been filed by any other party. He explained that
Lake County rules do provide that, at the end of the presentation by the School
Board, all members of the public will be able to speak. At that time, speakers
do not need to be sworn nor can they be cross examined. They essentially may
give comments to the Board on what they think the Board should do with this
decision. He pointed out that the Board’s decision must be supported by
evidence that is heard tonight, either for or against the rezoning petition.
Mr. Minkoff concluded that evidence is not opinion but is fact that has to be presented
to the Board.
Commr. Hill explained the procedure
for the public hearing as follows: after presentations by staff and the
applicant and questions by the Board, members of the public will be allowed to
speak. After public comments, the applicant will be allowed rebuttal time. The
Board may ask questions and may make statements or comments and a motion will
be made. She noted that various Board members have received e-mails, phone
messages and letters and have had personal visits.
Commissioners Hanson, Stivender,
Pool, Hill and Cadwell disclosed, for the record, that they have met with
parties from both sides of the issue.
Mr. Jeff Richardson, Planning
Manager, Planning and Development Services, Lake County Department of Growth
Management, presented Rezoning Case PH#50-05-2; Lake County Public Schools; Harry
Fix, AICP; Tracking No. 56-05-CFD, a request to rezone a 115 +/- acre parcel
from an existing PUD (Planned Unit Development) to CFD (Community Facility
District) for the construction of a high school and middle school. The site is
in the Minneola area, approximately 8/10 of a mile east on Sullivan Road from
the intersection at U.S. Highway 27 (Hwy 27). He explained that the existing
PUD (Highlands PUD) has not been developed and pieces of it have been rezoned. Regarding
the status of that PUD, which currently has a vested rights determination that
was issued for the development order and for the overall parcel, it is staff’s
position that the vesting is no longer in place. He added that, while it holds
the zoning, the rights to use the property are not there. To come back, it
would have to conform to the current Future Land Use and current regulations.
Mr. Richardson continued the Summary
of Analysis (included in the backup material) by stating that staff finds that
there are several issues relating to consistency with the Lake County
Comprehensive Plan. The proposed rezoning is not wholly consistent with
Objective 1-5, Planning for Public Facilities and Institutional Activities. The
issues may be able to be addressed; however, there is still one overriding
issue which is the compatibility with the surrounding area.
Mr. Richardson stated that no one is
arguing that there is not a need for public school stations in Lake County. The
question, however, is the appropriateness of the site of this particular
parcel. He explained the following Findings (included in the backup material):
Mr. Richardson stated that, at the
printing of the staff report (May 26, 2005), four written comments were filed
in support, twelve written comments were submitted in opposition and six
letters of concern were on file. He noted that other e-mails have been received
over the last several days. He stated that the Lake County Zoning Board granted
approval of the CFD by a vote of 6-0, asking for deletion of the language after
“Transportation Improvement:” Section 1.D and the addition of the following
language: “Adequate access to the site shall be provided at the time of site
plan approval.”
Commr. Hill commented that the school
siting ordinance includes approximately 22 points that need to be met. She
asked how many points the subject property meets.
Mr. Richardson responded that staff
does find an inconsistency with the application and recommends denial at this
time regarding size, and the land use location, other than the inconsistencies
found with the dual siting and those inconsistencies with the Suburban land use
category.
Commr. Stivender asked what the
Zoning Board was referring to as adequate access and whether the School Board
or the developer, not the County, would do that.
Mr. Richardson explained that the
Zoning Board discussed the need for roadway improvements. He opined that the
recommendation came about regarding who would do the improvements. There were
no offers one way or the other. He opined that the Zoning Board wanted to be
sure it could be shown, if approved, and at site development approval, that the
roadways could carry the capacity as well as withstand the traffic.
Commr. Pool referred to Policy 1-5.7: “A high school site may be
located in any allowed land use designation except where prohibited under
Policy 1-1.15 provided the proposed site will accommodate the projected student
population over a minimum of 10 years…if a proven need based on the projected
growth of the geographic area can be shown, schools of any type may be located
in any land use designation where allowed pursuant to Policy 1-1.15.” He
asked if it can happen or not happen based on population projections.
Mr. Richardson responded that it can
happen but there has to be documentation that shows that the location of the
school will serve that population as it grows over the next ten years.
Commr. Stivender referred to a May
26, 2004, memorandum to the Board of County Commissioners from Gregg Welstead,
Deputy County Manager, and Jim Stivender, Public Works Director. (A copy was
marked Exhibit LC-2 for Lake County.) She explained that the points previously
referred to by Commr. Hill are listed in the memorandum. She stated that quite
a few do not meet the school criteria. She stated that the memorandum suggested
that this may not be the right site now but it might be in five to seven years.
She asked Mr. Richardson if he was referring to that 2004 study during his
presentation.
Mr. Richardson concurred and remarked
that the appropriateness and the timing may not be appropriate due to the
improvements and conditions of the surrounding area, not necessarily the
roadways, but the densities and intensities that are currently developing.
Commr. Stivender asked if the
memorandum was forwarded to the School Board or their staff in May 2004.
Mr. Gregg Welstead, Deputy County
Manager/Growth Management Director, stated that he does not specifically
remember but is reasonably certain that the School Board, at some time, did
receive the memorandum. He clarified that Items 4, 6, 7, 9, 14, 16, 26 and 28
(on Pages 3 and 4 of the May 26, 2004, memorandum) were items on the School
Board’s due diligence checklist, not items in the County’s school siting
ordinance.
Commr. Pool remarked that the report
indicates that the City of Minneola has approved 963 units in Founders Ridge
and 710 units in the Reserve at Minneola. He asked how many homes are approved
at Sugarloaf.
Mr. Richardson responded that the
total under the DRI (Development of Regional Impact) and the local PUD (Planned
Unit Development) is 2,434.
Mr. Fred Schneider, Director of
Engineering, Lake County Department of Public Works, continued the slide
presentation by showing the Area Road Network map. He stated that most of these
roads are under designed, structurally under built roadways and some are clay
roads. He explained that the City of Minneola has approved 723 single family
homes and 240 multi family units in Founders Ridge and has approved 689 single family
units at the Reserve at Minneola. Both developments, as part of their
development order with the City of Minneola, were required to do certain
roadway improvements. Founders Ridge was required to improve N. Grassy Lake
Road west to Hwy 27 with impact fee credits coming back from the County road
impact fee fund.
Mr. Schneider discussed the next
slide, an aerial photograph which was provided by the Founders Ridge developer,
which shows the proposed school site. He noted that the Reserve was required to
provide an elementary school site. He showed additional aerial views of Grassy
Lake Road, Sullivan Road and other roadways in the area. Referring to the slide
titled Proposed School Site Study Area Traffic Counts, June 8, 2005, he stated
that there are approximately 318 trips per day on Sullivan Road near the edge
of Hwy 27 and about 438 trips per day on N. Grassy Lake Road. These roads have
very low current traffic volumes. Mr. Schneider explained that they took
traffic counts at another high school in the area. Most high schools will
generate about 2,500 daily trips and middle schools average about the same. He
stated that the school site capacity issue would be that the trips would all
come at one time of the day. He showed additional photographs and aerial views
of the roads, including recently resurfaced N. Grassy Lake Road. The other
roads in the area are not on the resurfacing program this year but will be
looked at again next year, depending on traffic counts and available funding. He
confirmed that Public Works, in the resurfacing program, would be adding an
inch of asphalt to the existing roadways.
Mr. Schneider further explained that
the current roadways do not meet collector road standards. If rebuilt as a
collector road, we would tear up what is there, put down
a new base and a new asphalt surface. Depending on how the Board moves forward
with improving those roadways, whether an urban design with curb and gutter and
sidewalks, or a swale design, both options can be explored.
Mr. Schneider stated that the roads
have geometric problems as well as drainage problems and N. Grassy Lake Road
needs to be retrofitted as far as stormwater. With low traffic volumes, there
is not a big issue with water quality from a lot of grease and oils but when more
vehicles are added, those water quality issues will need to be fixed. Mr.
Schneider showed the Founders Ridge Maintenance Map which was prepared by
Farner Barley. He stated that the Founders Ridge developer has agreed to
improve some of N. Grassy Lake Road. The primary issue is right of way. He
stated that the maintenance map has not gone to the Board for approval and the
green areas shown on the map are what they are claiming as maintenance right of
way. He further explained that a maintenance map is a legal document that would
come to the County Commission for consideration of approval. He remarked that
he has heard from some of the residents that they are not interested in having
a maintenance map filed on their roadway. He noted that the next slide, an aerial
view (Proposed 50’ Right-of-Way) was provided by the Founders Ridge developer.
About 3,000 feet of N. Grassy Lake roadway does not fall within the developer’s
property and will need additional right of way. He remarked that it would fall
upon the Board of County Commissioners, the developer or another entity to
acquire that right of way.
Mr. Schneider showed four concept drawings
of N. Grassy Lake Road which were prepared by the Engineering Division, Lake
County Department of Public Works. He opined that a little more than 50 feet of
right of way might be needed for a two-lane roadway and existing homeowners
would probably be backing out into the roadway. One slide showed a sidewalk and
a slope not suitable for a driveway. Driveway easements would be asked for in
order to rebuild those driveways to make that slope work better so that they
can get into and out of their driveways. Regarding a four-lane look at N.
Grassy Lake Road, he stated that most of the right of way could be coming off
the north side. The developer recommended moving the road north and south to
try to avoid homes and structures and some of the big power poles. This
condition would be something similar to Sullivan Road or other area roads. The
drawing of a four-lane roadway with a five-foot sidewalk shows a different way
of acquiring the right of way. The existing right of way in this area is
probably 20 feet wide. The four-lane concept is 100 foot wide, not including
any slope easements that might be needed. With a two lane roadway, he commented
that most of it could probably fit within 50 feet but some of those slopes and
driveways would have to be worked back.
In response to a question by Commr.
Cadwell, Mr. Schneider advised that none of these roadways are included in the
five-year, funded Capital Improvement Program but, in anticipation of some
things that are occurring, a $2 million fund is in the road program for 2008 without
specific identification of roadways.
In response to a request by Commr.
Pool, Mr. Schneider stated that he will show the map (Minneola Ridge Area-Wide
Traffic Study) of proposed and approved developments and the future roads
network at the end of his presentation. He explained that the Study is
scheduled to come before the County Commission in October for discussion of the
findings, without specific recommendations. That presentation will include the
existing traffic roadway network, knowing there are two-lane roads under design,
what would happen to the roads with all of the approved and proposed
development in the area, and the number of lanes that would be needed east and
west and north and south. The purpose of the discussion will be to give the
evidence of the study and what will have to occur in the County’s roadway
network in order to plan for that.
Commr. Cadwell asked for
clarification and Mr. Schneider reiterated that the Study has not been
presented to the Board of County Commissioners. He stated that there was a concern
in bringing it to the Board prior to this rezoning hearing because of a
possible conflict with issues regarding a specific developer’s rights and the
School Board.
Continuing the slide presentation, Mr.
Schneider showed photographs of traffic at South Lake High School and
reiterated that the daily trips, whether at a high school or combined with a
middle school, will be coming all at one time. When that occurs at South Lake
High School, there is a 3,000 or 4,000 foot backup down Silver Eagle Road and
that impacts the intersection at CR 565A. He explained that the roadways in
front of the school, or internal to the school, should be designed to handle that
large amount of trips. There should be a traffic management plan as to how to
get the school buses, parents and student drivers in and out.
If the proposed school site is not
designed well, Mr. Schneider indicated that traffic would be backing up all the
way down Grassy Lake Road and tying up the intersection at N. Grassy Lake, even
impacting the intersection at Hwy 27. He reiterated that the main issues are
the structural conditions of the roadways, traffic management, the geometrics
and the drainage. These improvements would need to be done before adding a large
mix of new, young drivers who are not prepared to drive those kinds of
roadways.
Mr. Schneider completed his
presentation by showing the draft map of the Minneola Ridge Area-Wide Traffic
Study. (The map was marked Exhibit LC-3 for Lake County.)
Commr. Stivender asked, if the
request were to be approved and if the County Commission put money toward the
road, would money from the already approved five-year roads plan be needed.
Mr. Schneider reiterated that $2
million was set aside for 2008.
Commr. Stivender remarked that $2
million will not build the road. She commented that other roads such as Hartwood-Marsh,
Hartle Road and Hook Street, which we have been working on for about ten years,
probably would have to be reprioritized.
Mr. Schneider concurred that is a
possibility. He noted that the South Clermont Connector is scheduled for
bidding in October or November and that project will cost about $6 million.
Commr. Stivender stated, for the
understanding of the public, that the County has a list of priorities that have
been worked out with the municipalities and staff.
Mr. Fred Morrison, attorney representing
the Lake County School Board, stated that the purpose of tonight’s hearing is
for the School Board to ask this Board’s approval for CFD zoning for this site
in order to construct a combined middle-high school to serve the students of
south Lake County, alleviate the overcrowding that already exists, and prepare
for anticipated student growth from developments that have been approved by
this Board, by Minneola and other south Lake County municipalities and by developments
which are seeking approval. He gave a slide presentation titled Lowndes School Site Zoning (a print copy
was presented to the Deputy Clerk and marked Exhibit A-1 for the Applicant) which
included the following:
Mr. Greg Beliveau, LPG Urban &
Regional Planners, Inc., presented a breakdown of the numbers shown by Mr.
Morrison (copies were marked Exhibit A-2 for the Applicant). He stated that
they used existing, approved and proposed middle/high students within a
four-mile radius for a grand total of 2,087 middle school students and 2,819
high school students. He stated that this information was not given to County
staff during the application process which illustrates that compliance with
those two policies in the Comprehensive Plan does exist with this site. He
stated that the site is bordered on at least three sides by projects that are
approved or in the pipeline. He stated that the east side abuts a utility site.
Commr.
Cadwell asked, in what respect, are the proposed students in the pipeline.
Mr. Beliveau responded that one has
had a charrette and another is going through the approval process. He stated
that a lot are in the system but not vested. He stated that they considered
looking at what is vested out and looking at what has not been built. He stated
that this does not reflect projects that are approved, platted or phases
platted, that have not gotten future phases coming into County staff or to city
staff. He opined that would be overkill because these numbers would be inflated
if those projects were included. He stated that would take more time and they
did not want to extend that process.
Commr.
Cadwell asked for clarification of the number of approved students.
Mr. Beliveau explained that the
approved students come from projects that have been approved and development
orders that have been issued by either the County or the City of Minneola. He
stated that some of these rooftops have not come out of the ground.
Commr. Pool asked if 5,386 is an
accurate number of approved housing units in that vicinity.
Mr.
Beliveau concurred that it is.
Mr.
Morrison continued the slide presentation, as follows:
Commr. Cadwell asked how long unfriendly
condemnation and takings of rights of way would take.
Mr. Morrison explained that a quick
order of taking, the pre-suit negotiation and other things, could be done in
six to eight months. He stated that the lawsuit itself, as far as what you have
to pay for it, drags on for years unless it can be settled. He stated that
probably the longest part of the process of getting right of way is
engineering. He stated that, once you get engineering, you can move quickly to
acquisition but do not have any idea of the cost.
Commr. Cadwell remarked that the
County Commission would have to pay for that right of way.
Mr. Morrison commented that would be
something that would have to be resolved and that it might be the County
Commission or a combination with the School Board or developers.
Commr. Cadwell stated that, if the
developer paid, he would get impact fee credits back so he would be up-fronting
the money.
Mr. Morrison agreed it would be a
wash for the developer.
In response to Commr. Stivender’s
inquiry regarding the School Board’s power of eminent domain, Mr. Morrison
stated that the School Board has that power but he has not done research to
determine whether the School Board would have the authority to condemn road
right of way when the School Board does not build roads. He stated that the
County Attorney indicated, through Mr. Welstead, that he believes the School
Board can but he has not confirmed that.
Commr. Cadwell remarked that, because
of the new growth management law and what it says regarding the Capital
Improvement Plan, these are the kinds of projects that will come off the list
because they are not economically feasible. He added that they are on the list
only until the Board meets to talk about what will be taken off.
Mr. Donald Griffey, P.E., Griffey
Engineering, provided two traffic volume handouts to the Board (copies were marked
Exhibit A-3 for the Applicant). Using ITE (Institute of Transportation
Engineers) trip generation rates using 2,000 high school and 1,500 middle
school students, he stated that they would expect to generate 5,850 daily vehicle
trips which is consistent with what County staff is anticipating. He stated
that, when looking at capacity and the volume allowed on a roadway, the adopted
level of service for roads in this area, according to the Comprehensive Plan,
is Level of Service D. He stated that the daily traffic volume associated with
Level D is 17,300. The volume produced at the school site would be about
one-third of the capacity of the roadway. He stated that a single two-lane
roadway would be adequate to provide traffic access in and out of the school
site and still be well within the County’s standards.
Mr. Griffey referred to his handout,
Typical Road & School Traffic Volumes, which shows a distribution of
traffic. He stated that he used traffic counts from four roads in the area to
develop a daily distribution of what would be expected to be seen and where the
morning and afternoon peaks would occur. He stated that he took that basic
distribution and applied it to the allowable volume on Level of Service D, the
17,300, and created the graph. He noted that he combined the traffic for the
middle and high schools to show the net effect of these two uses on this one
site.
Mr. Griffey explained that these are
old grove-to-market roads, they were surface treated years ago and have had a
layer of asphalt added in the County’s resurfacing program. He recognized the
need to rebuild these roads and confirmed that there are areas where right of
way does not exist. He stated that he looked at the area and, while there
probably are some areas with less than ideal right of way conditions, it is
doable to put a curb and gutter road section in there, and pipe the run off
down into the Founders Ridge development. He stated that there probably will be
sections where you cannot meet the ideal cross section but the roadway is
doable.
Commr. Cadwell asked Mr. Griffey, as
a traffic engineer, if he would suggest an urban or rural segment of road on
Sullivan Road.
Mr. Griffey suggested urban sections in
all of these areas with closed drainage systems, and curb and gutter, for a
variety of reasons. One reason is that drainage reduces the right of way
requirement. He stated that, because of the large developments, the Board can
work with the developer and co-locate or utilize a pond on their site with the closed
drainage system. He stated that the other alternative is swales, but, as this
area develops out, an urban section would be more appropriate. He confirmed
that they consider the primary access route to be N. Grassy Lake Road up to
Grassy Lake Road and that it would need to be rebuilt. He stated that they
estimated that cost to be about $1.8 million which would include the
reconstruction from N. Grassy Lake Road, up Grassy Lake Road, and turn lanes
and a signal at Hwy 27.
In response to Commr. Cadwell’s
comment regarding getting out to Hwy 27 as quickly as possible, Mr. Griffey
responded that traffic can be managed and routes can be controlled. He stated
that, if left for drivers to choose, they will find the shortest route. As
traffic engineers and managers, they have the ability to provide controls.
Mr. Griffey stated that the
photograph of South Lake High School is a good representation of the number of
cars that would be seen, recognizing that there is a bit of traffic associated
with middle and high schools. He offered that, in the case of South Lake High
School on Silver Eagle, the problem might be a result of on-site traffic
management rather than a capacity problem. He stated that a successful example
would be Oak Park Middle School in Leesburg. He explained that a middle school was
combined with an elementary school and a serpentine road was developed whereby
traffic is on the site and off the roadway. He opined that those kinds of
problems can be addressed on the site development.
Commr. Cadwell asked how far it is
from the entrance on the main road to the parking lots at South Lake High
School.
Mr. Schneider answered that it is
about 3,000 feet, which is more than one-half a mile.
Mr. Griffey reiterated that, even
though a middle and high school will generate a lot of traffic, if managed
well, there will not be backups. He stated that, in looking at the draft study
that was done by the County and looking at the amount of development they were
using to project the volumes on the roadways, he quickly calculated an estimate
of about $40 million in impact fees that will be collected from the proposed developments.
He stated that, while the developers get impact fee credits, he has not been
involved with one where they got 100% credit.
In responding to Commr. Pool’s
inquiry about the $1.8 million, Mr. Griffey explained that is their estimate of
what it would cost to rebuild N. Grassy Lake Road and Grassy Lake Road from Hwy
27.
Commr. Cadwell commented that the impact
fee credits would come out of existing funds.
Mr. Griffey stated that it depends on
how the development agreements are structured. Sometimes they are
reimbursements and sometimes they are taken off as the building permits are
pulled.
Mr. Morrison continued the School
Board’s slide presentation, as follows:
Commr. Cadwell asked if the
percentage of increase in home values in Greater Pines was much different from
other parts of Lake County.
Mr. Morrison responded that he did
not look at that. He stated that it is comparable with his neighborhood in
Leesburg which is not next to a school.
Commr. Pool asked Mr. Morrison if he
has legal recourse to challenge the decision, based on the information at hand,
in the event the request is denied.
Mr. Morrison stated that one of the
axioms of our legal system is, if you lose, you get an appeal. He stated that
appeal means a lot of things but a small “a” appeal means you get to ask
somebody to figure out if the person who gave you the decision you do not like
did the right thing.
Commr. Cadwell remarked that
appealing one of these cases is basically based on whether there was a fair
hearing.
Mr. Morrison explained that this is
an unusual case because it involves school siting which has the special
standards to which he alluded. He stated that he has not looked at this because
it is not something he really wanted to think about. He reiterated his remarks
regarding F.S., Section 1013.33(13). He stated that, if the Board denies it
outright, he supposes they could make the argument to a court that they showed
enough evidence that it was consistent with the Comprehensive Plan, that it had
to be approved and then it would be remanded back to you to determine what the
conditions are. He stated that is pure speculation but is a possibility.
In closing, Mr. Morrison stated that,
legally under the new growth management act, some real school concurrency with
some teeth in it is coming. He stated that it is not as much as the School
Board might of have liked because developers have an “out” by making a
proportional contribution in dollars. He stated that the concurrency, if it
hits and the schools are not there, could potentially lead to a situation where
the Board could not grant building permits anywhere in Lake County because
right now the Lake County School Board is a unified district countywide. If
there is a deficiency anywhere, it applies everywhere. He stated that he
hesitates to bring up a fear factor but, if the Board puts them 18 months or
two years out of the curve on these schools, growth management would kick in
before the schools are built. He asked the Board to keep in the back of their
minds that school concurrency is coming and it could come back and bite us all.
Commr. Cadwell asked if districts can
be created through interlocal agreement with the School Board under the
concurrency language.
Mr. Morrison agreed that they can be
created but explained that the School Board has, historically, resisted
districting because they need the flexibility to use their impact fees everywhere
in the County.
Commr. Cadwell confirmed with Mr.
Morrison that, if they had an area that they established was in critical
condition, they could decide to do that by policy.
Regarding the statement that the road
system will be improved by developers at no cost to the County, Commr.
Stivender remarked that she understands the developer cannot do the road unless
the adequate right of way is available. She stated that this does not say who
would acquire the right of way and she does not believe it is the Board’s
responsibility. She asked if that is a reason for granting the request and if
the School Board will take it upon themselves to do eminent domain to get the
right of way.
Mr. Morrison responded that he has
not looked at that legally but they would have to, at least, participate in
that process if the Board makes them do that. He reiterated that is a condition
in development, not a reason to deny it.
Commr. Cadwell asked Mr. Morrison if
he thought the School Board would do that, knowing their conservative nature.
Mr. Morrison replied that the only
project he has been involved in of that nature was a cooperative effort between
Leesburg and the County years ago to acquire the right of way for what is now
the Thomas Avenue extension behind Wal-Mart.
Commr. Pool remarked that Mr.
Morrison mentioned that it is the Board’s responsibility to rezone this site
and to put conditions on the approval. He asked what would happen if the School
Board does not agree with the conditions.
Mr. Morrison explained that the statute
utilizes the word “reasonable.” He stated that it says the Board may impose
reasonable development conditions and there is room for reasonable people to
disagree about what reasonable development conditions are.
At this time, Commr. Hill noted that
four members of the School Board wish to speak.
Mr. Scott Strong, Chairman, Lake
County School Board, stated that the needs are immediate. By 2009, there will
be 45,000 students, up from the current 36,000, and by 2020 there will be
60,000 students. He stated that it will become more and more difficult for the
School Board to find properties. He asked the Commissioners to consider the
ruling of the Lake County Zoning Board. He opined that this will be an
excellent decision ten years from now. Regarding the size of the site, he
explained that the high school has a disproportional amount of utilization at
night with the football field. In south Lake County, the School Board has spent
a lot of money on buffering and walls and sound attenuation. He stated that very
few homes immediately surround or adjoin the site and anyone moving in should
be aware that the high school is going in. He stated that they reviewed
multiple sites and this property was deemed by the School Board to be the most
appropriate. Regarding the May 26, 2004, memorandum, Mr. Strong referred to the
statement that the County has not approved new residential rezonings within a two-mile
radius in the past two years. He remarked that the school system must serve the
needs of the entire County and it is not relevant where they come from or who
caused the problem. He stated that the School Board desperately needs the
Commission’s help.
Commr. Cadwell asked if the School
Board has any money to put into the transportation system.
Mr. Strong stated that the School
Board has made the commitment to immediately fund the middle school because of
extreme overcrowding. He stated that he would never rule out saying they have
funds or no funds because he does not want to speak officially of the finances
of the District. He stated that they want to be a partner and, if there is some
arrangement that can be worked out to facilitate the rapid construction of this
school, they will do everything they reasonably can. He pointed out that they
lost over 8,547 spaces when the class-size reduction took effect a couple of
years ago.
Commr. Cadwell commented that we have
a great opportunity with concurrency. Lake County asked, and the State agreed,
that we would be one of the pilot counties.
Mr. Strong remarked that Rep. Alan
Hays, R-Umatilla, has been an advocate for that and the additional funding will
allow some of the behind the scenes paperwork to be pushed through at minimal
burden to the County, the cities and the School Board.
Ms. Kyleen Fischer, Lake County
School Board Member, stated that the Commissioners have worked with her for the
betterment of education. She stated that she and Commr. Stivender met regularly
last year with past Superintendent Pam Saylor and that Commr. Stivender
introduced her to Mr. Howard Lefkowitz who was willing to work with the School
Board and to help fund the roadways to a school site. She thanked Commr.
Cadwell for the moratorium that gave the School Board a chance to breath. She
stated that the School Board and the Commissioners have a responsibility to
educate children and accept reality. She stated that 5,000 new units and
thousands of new students cannot all fit into the same box. She stated that
they have plans to make sure this school site does not impact the community.
She encouraged the Commissioners to look at Oak Park and Leesburg Elementary to
see how the road winds within the school site to eliminate traffic in the
community. Ms. Fischer stated that the two boards will continue to work
together. She stated that, if the Commissioners vote no tonight, many students
will not have a seat or a quality teacher or a student environment in which
they can learn. She thanked Commr. Pool for finding another site to consider
and she thanked Commissioners Hill and Hanson for their work.
Mr. Larry Metz, School Board Member, stated
that he empathizes with citizens who live on Sullivan Road. He remarked that
the Board should not look at this decision as an all or nothing proposition with
respect to the Sullivan Road issues because there are options to consider. He
pointed out that, in older communities which are surrounded by newer or
different types of uses, creative solutions are found, such as cul-de-sacs, gated
communities or creating a neighborhood improvement district where right of way
could be acquired. He stated that there are ways to restrict the traffic and he
echoed the statements that Sullivan Road is not the primary access to this
site. He stated that, in the site plan process, siting of the schools can be
addressed. The most active parts of the campus do not have to back up against
the houses. Mr. Metz stated that looking at what is approved, vested and
proposed is the time to look at compatibility. He stated that a new elementary
school will be open by 2007 on property a little to the south. They will do a
major rebuild of Minneola Charter Elementary, more than doubling the permanent
student stations. Those two elementary schools will have over 2,000 student
stations combined and the question is where those kids will go to middle school.
He stated that this site is the only site and the middle school needs to be
open by 2008. He added that the high school would be open a year or two later. Mr.
Metz stated that, if you consider the compatibility with what will be there in
the future when the schools are on line, in 2008-2009, the compatibility issue
goes away.
Mr. Jimmy Conner, Vice Chairman, Lake
County School Board, noted new schools in each district and classroom additions
in the last five years. He stated that they have bonded property tax revenues
beyond 1.0 mills by a 1/10th of a percent and still kept the high bond rating. He
stated that they used sales tax dollars on high schools throughout Lake County
and they are taking the extraordinary step of bonding impact fees in order to put
a middle school on this site. He stated that they need this rezoning for
current student population. He stated that he agrees with those who are against
all the growth in Lake County, but, even if the Board denies this rezoning,
growth is still coming. He stated that the evidence produced by Mr. Morrison is
one of the factors that the School Board considered when they decided to
purchase this property. They looked at several sites, some in the Sugarloaf
area and one that was closer to East Ridge. They hired Mr. Beliveau to do a
study based on a comprehensive process and they found 110 acres of relatively
flat property adjacent to a sewer plant that had just been approved by the
Board of County Commissioners. He stated that the School Board had no idea that
the rezoning would be an issue. They did not hear from the Sullivan Road people
in opposition to this site at that time. He stated that, perhaps, their
decision would have been different had the people opposed this. He stated that
the School Board has to provide student stations for the students in elementary
schools. He noted that East Ridge High School was built for 1,899 students and
there are over 2,700 students there today. He stated that the proposed high
school would be full by the time it is built even if no other development is
approved. He emphasized the importance of this being for current residents.
Mr. Conner stated that the rezoning
is needed; otherwise, double sessions are coming and they will not be
temporary. He stated that there are no other good choices. He stated that, if
we delay the start of a middle school, it will cost hundreds of thousands of
dollars, if not a few million, because of the increased costs of construction. He
stated that the Zoning Board recommended in favor of this even though staff
recommended against it. He reminded the Board that Mr. Welstead told us that
this would be a good site in five to ten years. Lastly, in looking at history, Mr.
Conner stated that the School Board got a lot of criticism when they built
Astatula Elementary School for the Arts because it had a couple of hundred
empty student stations. He stated that, today, it looks like a great site
because of planning and the empty student stations have been filled. He stated
that history will prove that this is a great site and that the School Board
went through the right process. He asked for the Board’s support because
students do not want extended double sessions.
Commr. Stivender asked if there is a
design for the middle and high schools.
Mr. Conner stated that money is
budgeted in their master plan pending approval. The School Board is ready to
move forward on the design and construction of the middle school and the
planning for the design of the high school. He stated that they will be good
neighbors and will work with the Board, staff and the community on designing the
school away from the Sullivan Road folks if that is what is needed.
RECESS & REASSEMBLY
At 7:15 p.m., Commr. Hill announced a
fifteen minute break.
Commr. Hill noted that Ms. Anna
Cowin, Superintendent of Schools, had to leave the meeting because of a family
issue and that Ms. Becky Elswick, School Board Member, is in the audience.
Commr. Hill opened the public hearing
portion of the meeting and called for public comment.
Ms. Mary Priolo, from south Lake
County, expressed her support of the School Board’s request, noting that she
travels sixty miles a day to get her children to and from school.
Ms. Andrea Nurse, from the Four
Corners area, stated that she backs the School Board’s decision, and remarked
that her two daughters have been in five schools in six years and the family
has not moved once.
Mr. Dave Dewey referred to Lake
County Land Development Regulation Section 14.03.03, and stated that Items I
and J were left out of the presentation. He read the following: (I) Whether the proposed rezoning would be
in conflict with the public interest, and in harmony with the purpose and
intent of these Regulations; and (J) Any other matters that may be deemed
appropriate by the Lake County Zoning Board or the Board of County
Commissioners in review and consideration of the proposed rezoning. He stated
that the Board has some room on this one. He asked when do we stop ruining our
beautiful rolling green hills.
Mr. Ed Gonzales referred to a
brochure funded by development interests which has appeared in many mailboxes.
He stated that there is no infrastructure at this location. He stated that
builders prepaid impact fees at the lower rate and cost the School Board over
$12 million. He asked the Board to deny the rezoning request.
Ms. Joyce Stefancic, who lives in the
Sugarloaf area, stated that the negative effects include urbanization and
habitat destruction, specifically that of Florida’s only endemic bird, the
threatened Florida Scrub-Jay. She stated that she has seen Florida Scrub-Jays
on the proposed school site. She stated that she is not for this site but is
for building the school on a different site.
Mr. Robert Foley, Chair of the Windy
Hill SAC (School Advisory Council), a member of the East Ridge High School SAC,
and a member of VOICE (Voters Organization Involved in
Children’s Education), noted school overcrowding, intolerable conditions,
year-round sessions, portables, transporting students and changes in attendance
zone boundaries. He expressed opposition to any form of alternate scheduling.
He stated that the school district has provided sufficient information on the
merits of the property.
Mr.
Tom Frankenfield, a Lake County resident, stated that the location falls short because
it is the habitat of federally listed threatened species, including the
Scrub-Jay and the sand skink, which are protected by the Endangered Species Act
of 1973. He stated that other concerns include the site’s proximity to
Florida’s Turnpike which will cause a visual distraction and a noise level that
will not be conducive to learning; the planned wastewater treatment plant across
the road will produce a foul odor from time to time; the site is adjacent to
high tension power lines; and the hill country of Central Florida is a major
contributor to large underground aquifers.
Ms.
Lorraine Frankenfield, a member of the National Retired Teacher’s Association,
stated that the School Board’s paid study concluded that this property is not
the right place for the school. She stated that the schools should be for
existing students and need to be in the south end of the County. She stated
that some middle school kids will have to be bused and data shows that students
who are bused have problems, such as, attendance, dropout rates, less
participation in extracurricular activities, generally lower grades and
standardized test scores, and there is less participation in
parent-teacher-student associations. She stated that she is not for approval of
the request.
Ms.
Michele Bodzioch, a mother of three, asked the Board to work with the parents
in south Lake County, the School Board and other local officials. She stated
that the State Legislature passed an infrastructure planning and funding bill
that mandates school concurrency to be in effect by 2008 and Lake County asked
to be one of six pilot counties. She stated that the two schools on this site,
when opened, will be at or over capacity and that the school will not bring
growth. She asked for support of the School Board and south Lake parents in
getting the school built as quickly as possible on this property.
Ms.
Tammy Phelps, a parent, a teacher, a lifelong resident of Florida, and a member
of VOICE, stated that children are being overlooked. She cited the approval of
5,000 homes in this area and stated that the School Board needs the Lowndes
property. She stated that this is not about roads but is about education. She expressed
adamant opposition to double sessions and alternative schedules.
Ms.
Cindy Barrow, Co-Vice Chair of VOICE and a member of the Pine Ridge Elementary
SAC, stated that her support regarding the school site has vacillated, partly
because developers need schools. She stated that she is a member of responsible
growth groups such as the Alliance to Protect Water Resources and Citizens
Coalition of Lake County; however, because she has been made aware of Florida
Statutes governing how school sites are chosen, she holds a different opinion
than what she stated at the Zoning Board meeting in June 2005. She stated that
she has learned about the due diligence process the School Board went through
to obtain the property. She stated that we must have a middle school in the
Minneola area. She stated that residential growth has forced alternative
schedules next year for middle schools. She asked the Board to vote for this
site.
Ms.
Diana Cook, a parent who moved from an Orange County A-school district to the Montverde
area, stated that she would love to have a school on some of the lots for sale
on County Road 455. She stated that she visited the proposed site and she thinks
the site is perfect. She stated that birds and tortoises are not more important
than any child is.
Ms.
Arlene Sunderlage, a concerned parent, former educator and President of the
Pine Ridge Elementary PTO, talked about school overcrowding, growth issues and
the need to build schools. She asked the County to make a sound decision about
educating the children that are already here and those who are coming.
Mr.
Tom Lavecchia pointed out that houses are approved and proposed but he does not
see any houses that are built. He expressed concerns regarding the
environmental impact on the community and who will pay for the school and the
roads.
Ms.
Christy Jarzemski, who lives on the corner next to the school property, talked
about the dysfunctional school system; C and D grade level schools; the
developer who is working with School Board members and the City of Minneola;
and taking property from people.
Mr. Rob Kelly, President, Citizens
Coalition of Lake County, remarked that he is speaking for himself. He
mentioned hostile eminent domain proceedings, switchback roads, outside experts
who were hired by the School Board to speak for them, NIMBYs, and opinions that
$40 million in impact fees can be used four different ways. He stated that this
site feels unnatural and there are so many issues and such a huge taxpayer
expense to rebuild the roads and take care of the environmental issues. He
stated that growth can only come if this Board, or the cities, approves the
growth. He asked the Board to deny the request.
Commr. Cadwell pointed out that, in
the last five years, Minneola and Clermont have approved 14,000 homes while
only 22,000 have been approved in all of the unincorporated area of Lake County.
Mr. Kelly stated that he attends County
and city meetings and he hears remarks that if the city does not do it, the
County will do it. He stated that a moratorium stopping growth is needed.
Commr. Pool clarified that 22,000
permits have been pulled in the last five years, not that 22,000 homes have
been approved by the Board in the last five years.
Mr. Richard Jarzemski, who lives on
Sullivan Road, stated that the next school belongs in the Lake Louisa Road area
because the children are there and are being bused from there. He suggested
that the power of 1,600 brokers and Realtors and their investors could find a
new site in that area. He stated he is a Realtor and studies show that homes
ten blocks away from schools reap 33% more than properties adjacent to schools.
Ms. Sherri Boam, a member of VOICE
and the PTO President of Lost Lake Elementary, stated that her children will
not succeed if they must attend school from 2:00 p.m. to 9:00 p.m. with double
sessions and she fears for children who will be at home five or six hours a day
by themselves. She stated that she supports the School Board wholeheartedly in
their selection of this site. She stated that the development around the
residents will disrupt their rural lifestyle, not the school nor the children.
Ms. Marnie Furlong, who has fifth and
seventh grade children, stated that the site has environmental issues (Florida
Scrub-Jays and sand skinks) that could keep even a scoop of dirt being taken
from the land for an estimated two years. She stated that fish and game has
said this should have been taken to them before the property was purchased. She
stated that the person the School Board hired said do not do this and the hills
are like a roller coaster. She stated that this school will not stop double
sessions and the infrastructure is not there.
Mr. Randall Baker, Land Art Landscape
Architecture, reminded the Board that there is no Comprehensive Plan in place
and, according to the Planning Department, it is not complete. He reminded the
Board that they promised they would not use eminent domain to take people’s
property for the benefit of private developers.
Commr. Pool interjected that eminent
domain is only for the good of the public, not for shopping centers and
developers. It would be for schools, fire stations and public buildings.
Mr. Baker stated that Dr. Hilary
Swain of Archbold Biological Station sent an e-mail to the Board this afternoon
stating that the latest Scrub-Jay count on this site is 28 individuals and an
estimated 21 groups. He stated that Scrub-Jays have to be mitigated within a
two-mile radius at two per one acre of their territory. He stated that he has
spoken with Ms. Paula Sisson, U.S. Fish & Wildlife Service, and the
estimated territory is approximately 80 acres. Therefore, the School Board
would have to find 160 acres, potentially, within two miles of this site,
purchase it and develop it into scrub before any plan is approved by Ms.
Sisson.
Ms. Celeste Quinn, who lives on N.
Grassy Lake Road, stated that she is opposed to this site. She stated that
children from south Lake County will be bused to this school if it is built
because there are no homes. She noted the endangered Scrub-Jays, gopher tortoises
and sand skinks that are in her yard. She stated that construction traffic will
be coming in Sullivan Road because Grassy and N. Grassy Lake Roads will be
closed for construction.
Mr. Thomas Murray commented that he
objects to this but feels he is prejudged because he lives off of Sullivan
Road. He stated that he has lived there over ten years and it will take a
phenomenal amount of money to make Sullivan Road worthy of high school traffic
and to make the site viable.
Ms. Patti Donahue, who has four
children, stated that she is opposed to this school because she wants her
children to know the earth is very delicate and we all need to take care of it.
She advised that Ms. Ann Griffin, Lake County Water Authority, told everyone at
the meeting held by the Public Works Department that it would be dangerous to
build anything on the ridge before testing or a study is done to see how it
will affect the aquifer. She stated that the school should be in the Four
Corners area and she asked for a moratorium. She stated that houses are not
there now because the people on Sullivan Road and Grassy Lake Road own the property
up to the two-lane road. She stated that PUDs have been approved for high
density but have fallen through.
Mr. Jimmy Donahue, a student, told
the Board about living in the country in Minneola on 2.5 acres with Scrub-Jays
and a gopher tortoise. He stated that he loves his home and the endangered
species. He asked the Board to say no to the big high school and middle school
and to save the land.
Ms. Kerrie Ireland stated that she
supports the School Board and this site. She expressed confusion about how the
developers were able to get houses approved and wondered if the same issues
were attached to those developments.
Mr. David James, who lives on
Sullivan Road, stated that his two boys are bused to Grey Middle School and
South Lake High School but he thinks the property is not the right spot. He
stated that he believes this will be a catalyst to continue building in the
area. He stated that building the school will not solve the problem of taking
care of all the kids. He opined that, if the school is stopped, the builders
will reconsider building.
Ms. Sandy Baron, who has three
children in Windy Hill Middle School, stated that she supports the School Board
and this is a great site for the school. She begged the Board to approve this
site and stated that another school is needed in Four Corners.
Mr. Jeff Frisz stated that the School
Board had several months to see if the property could be rezoned when they put
a contract on it. He stated that they spent $3.45 million on a purchase that
was least favorable according to the comparison contrast study by LPG which cost
the School Board several thousand dollars. He stated that, in May 2004, the
Public Works Director and Deputy County Manager heavily advised against the
purchase of the Lowndes property. He stated that the School Board was set to
purchase a different site when the expiration of the Lowndes property contract
was added to their agenda as an emergency item. He stated that the School Board
sat on this property for 16 months.
Mr. Thomas Benfield, who lives on Sullivan
Road, stated that he is disturbed about hearing from the School Board that they
have the option for eminent domain. He asked if the School Board or the County
would institute that.
Ms. Suzen Hillebrandt stated that they
need to think about growth management, not growth planning. She stated that ten
more sites could be purchased with the $20 million cost for roads and another
$20 million for eminent domain costs. She stated that this is a zoning issue
and that it is not consistent with the surrounding density of one home per five
acres. She stated that the hills will have to be leveled to do this project.
She asked who would be liable for accidents with the unsafe conditions. She
stated that she will fight eminent domain. She stated that the School Board’s
attorney left out the second half of the Deputy County Manager’s report (Exhibit
LC-2) which shows seven items that do not meet the due diligence requirements.
She stated that the Deputy County Manager suggested no, the Public Works
Department said no, and LPG, in a report paid for by the School Board, stated
they should not do this. She stated that Tindale-Oliver and Associates said do
not use Sullivan Road. She asked the Board to say no.
Ms. Cecelia Bonifay, attorney, stated
that she represents a number of property-owner clients throughout Lake County.
She presented a printed set of slides (marked as Exhibit A-5 for the Applicant)
and another copy of previously submitted Exhibit A-4. She stated that no
evidence was presented tonight by the opponents as to the environmental issues
on this site. She stated that Howard Lefkowitz, by virtue of his development
order, will be spending $4.5 million for the roads in his development and will
be receiving $1.9 million in impact fee credits for those that are off site.
She stated that none of the improvements internally to his development, which
is all of N. Grassy Lake Road, the extension up to the school site, and the
connection to Turkey Farm Road, will receive impact fee credits. She stated
that at issue is a small piece of right of way to connect Hwy 27 to his
property. She opined that staff will tell the Board that, depending on how that
right of way is looked at, it would be as little as three tenths of an acre up
to four acres. She stated that we are talking about a couple hundred thousand
dollars in a project for which the School Board will spend $100 million. She stated
that, as referred to earlier, Sullivan Road should be made into a cul-de-sac,
turned over to them and maintained by them.
Ms. Carol Bombardo stated that the
schools should be located further south where the population is greater. She
stated that the School Board said they could not find a large enough parcel to
accommodate both schools and she offered that a solution could be to split them.
She stated that we cannot wait the four to six years it will take to settle the
problems created by rezoning the Lowndes property. She asked the County
Commissioners to vote no.
Mr. Joseph Bombardo, who lives just
off Sullivan Road, stated that he has three children that he takes to school in
Groveland. He stated that, after almost three years, there is no where else he
would rather live. He stated that the area is not built for a school and the
roads are terrible.
Mr. Egor Emery stated that he
supports the staff report in opposition to this rezoning, specifically Policy 1-5.7.
He expressed concern that the environmental issues have not been answered per
the Comprehensive Plan’s goals and objectives. He called attention to Policy
7-11.6, Reduce Energy Consumption for Transportation - “The Future Land Use
Element shall support efficient urban growth patterns to minimize
transportation demand. The county shall identify and implement transportation
strategies that will lead to reduced per capita consumption of non renewable
energies.” He pointed out that this is in the 1991 Comprehensive Plan. He
stated that switchbacks a la Disney do not make any sense. He stated that the
School Board should do a better job of reporting on the animals in the back
yards and the environmental issues. He stated, for the record, that he hopes
the Commissioners are not simply taking a survey count of the yeas and nays. He
stated that he would like to see the Florida Code used for our benefit. He
stated that many sections of the Comprehensive Plan should address school
siting issues.
Mr. Ed Havill, Lake County Property
Appraiser, stated that property values have soared all over Lake County. He
stated that buying this property was a bad business decision by the Lake County
School Board. He stated that, according the media, the district thoroughly
explored other sites but the School Board did not contact the Property
Appraiser’s Office or the Tax Collector. He stated that Chairwoman Hill did contact
him and Bob McKee a couple of weeks ago and asked if it is true that no sites
are available in Lake County. He showed a map of 80+ acre pieces (one owner per
parcel); along with a 30-page printout for properties in Ranges 25 and 26 (the
map/printout are marked Exhibit O-1 for the Opposition). He asked the Board to
vote no.
Ms. Elaine Renick stated that this is
awkward because she has been a VOICE supporter and many of the people who are
for this site are VOICE supporters. She stated that she is a member of the
Windy Hill Student Advisory Committee. She stated that this school was needed
years ago but the hearing is about this site and whether it is what we need.
She opined that everyone has the same goal which is to get a school as soon as
possible. She stated that it is not easy to acquire right of way even when
people are willing to give it up. She stated that these people know that if
they give the right of way they will ruin their homes and they will put up a
fight which will take time. She stated that the environmental issue is a time
issue. She stated that she has some experience with land use decisions and,
even with initial approvals, until it is on the ground it is not there.
Commr. Hill read the following statement
by Mr. Dave Nollmeyer, a resident who had to leave early, “It seems that
whenever a developer or politician wants to “sell” an idea they inevitably
resort to “It will be good for Grandma” or “It will be good for the children.”
The site will eventually serve only the vast quantity of homes the
development brings - vote no.”
There being no further public
comment, Commr. Hill closed the public hearing portion of the meeting. She
noted that the applicant will be allowed rebuttal time at this point.
Mr. Morrison reiterated that it is
not the School Board’s charge to pick the best site; they are charged with
picking an appropriate site. Regarding eminent domain, he stated that, as far
as the School Board is concerned, there is no intention of exercising eminent
domain on Sullivan Road or the properties that feed off it. He stated that they
would be willing to explore alternatives with the County and the residents,
like a cul-de-sac or some other way of restricting access. He facetiously thanked
Mr. Baker for filing false reports of toxic waste dumping with the EPA because
that gave them the opportunity to interact with their bureaucrats. He stated
that calls his (Mr. Baker’s) credibility into question and he would like to
meet with Mr. Baker to get the address of the person who counted Scrub-Jays so
that they can inform her it is trespassing to be on someone’s property without
permission.
Regarding the three-minute time limit
for public comments, Mr. Morrison stated that he fells compelled to respond
that the County Attorney’s presentation suggested anybody who wanted to could
file a notice of appearance and participate in this hearing as a party. If
anyone had done that, they would have had the same right the School Board has
to present at length. Mr. Morrison stated that habitat is a site planning issue
and there has been no competent evidence presented that there is a habitat
problem.
Mr. Morrison stated that he has lived
here all his life and he noted significant development which has taken place in
Lake County. He stated that the only constant in Florida is change. He stated
that change is coming to the area where the school site is and the map is a
graphic demonstration of that. He stated that, if you move to Florida and you
pick a particular area because you like some aspect of it, you should either be
able to afford to buy it or be prepared to kiss it goodbye because, eventually,
somebody will develop it. He stated that he sympathizes with those who will be
affected by the growth but, if not schools, it will be rooftops. He stated that
schools are needed and would benefit a large number of people in Lake County
and not just add to the school crowding problem.
Commr. Pool asked if Minneola City Council’s
support was given in a public meeting.
Mr. Morrison stated that they have
made assurances to School Board staff and to School Board Member Jimmy Conner
that they were in support of this and they have provided assistance in terms of
being willing to extend utilities to the site.
Commr. Pool concurred that continued
growth will be seen wherever we are in Florida. He stated that he vacillated pro
and con on this. He opined that there are conditions that everyone may or may
not want to add to the request, should this Board decide that this may be the
proper site based on the information at hand. He stated that he was told by Mr.
Conner that this is one of the flattest sites the School Board could find. He
asked Mr. Morrison if they are taking down some hills to build this school.
Mr. Morrison replied that he is not a
designer but does know, by looking at the topo (topographic map) for this site
and other sites, that the change in elevation from the highest to the lowest on
this site, excluding the depression, is slight. He added that the depression
might be a natural location to put the stormwater.
Commr. Pool remarked that whatever is
built there, the stormwater has to remain on site to be perced (percolated) down
to the aquifer.
Mr. Morrison concurred and stated
that Mr. Fix confirmed that, in general, school sites, particularly co-located
school sites with athletic fields, will provide more green space per the 115
acres than a residential development.
Commr. Cadwell asked if Minneola
staff said they would support the utility customers or if the Council said they
would support the site. He asked Minneola Vice Mayor Shane Perreault if their
board took action supporting this rezoning.
Vice Mayor Perreault stated that his
board has not taken a vote on rezoning but the majority of the Council, from
discussion, does believe this will be a good site for a school. He stated that
he believes the wastewater treatment plant and sewer lines are going to be run
toward the area. He advised that there is a discrepancy of about 600 feet that
was not going to be installed and that was an issue.
There being no further questions for
Mr. Morrison, Commr. Hill noted that the Board will now make statements,
comments or motions.
Commr. Hanson commented that this is
a no-win vote. She stated that she has listened intently to all the comments
and she thinks the site is ahead of its time and that it does little to address
the existing deficiencies for south Lake as a whole. She stated that it does
deal with future needs but it probably will create much need for busing in the
near future and for several years. She stated that many of the developments are
proposed, not approved. As seen on the map, some zonings have been approved a
long time but were never developed and have kind of gone away, or they found
another design. Commr. Hanson stated that it is important to find other sites.
They can be found quickly, they can be smaller and there can be more of them.
She opined that it is important to look for neighborhood schools. She stated
that she thinks the site is probably a good location for the future, that there
are several environmental issues and the right of way issues could take time
and be expensive. She remarked that those issues will slow the process and that
she mentioned them for discussion.
Commr. Cadwell stated that this has
been hard but the Board is responsible to the citizens of this County in
letting them get to work and school. He remarked that there was a similar
problem with East Ridge and they had to put off some projects that should have
been done. He stated that all processes when buying property are hard and do
not seem fluid. He stated that he is looking at the purchase of that property
from a pure land use side and a transportation side. He stated that the
transportation network cannot handle that school and other projects in the plan
cannot be put off. The transportation network is needed for this school site.
He stated that we will do everything we can to help find a site but, with the
evidence presented by staff today regarding the compatibility with the
surrounding area and the transportation needs, he would tend to vote against
it.
Commr. Pool stated that he has
listened to everybody. He stated that transportation is a key issue and that
Sullivan Road should absolutely be cul-de-saced. He opined that, if Sullivan
Road were cul-de-saced, some of those here tonight probably would not have that
much of heartburn if they knew traffic would never come down that road. He
stated that suggestion was not brought forward in public but it would protect
many of the rights. He stated that tonight’s decision is going to pain
somebody, either the School Board, children or residents of the area, every day.
He stated that he has tried to argue both sides of this issue and he feels that
a school is important. He stated that, with 5,384 units approved, people in
this area are not going to go away. Those are really going to come. He stated
that Sullivan Road should be closed regardless of tonight’s decision and the
hills should be left intact. He stated that they have that power to do just
that. They have closed two roads in south Lake County for traffic reasons. He
stated that the location of the school site should be away from those residents
who live right there and a 115-acre site would allow that to take place. He
stated that eminent domain is a very, very touchy subject. Nobody wants to use
eminent domain for anything other than the good of the public. He stated that
the Board is not going to do it for shopping centers or developers but, if the
School Board feels so strongly about this site, the School Board, not this
Board of County Commissioners, should use their eminent domain powers for right
of way issues. He stated that he was not elected to take property unless it
absolutely is necessary. But, he opined that this school site is vitally
important for the future of Lake County and especially south Lake County. He stated
that he does not know how quickly another site can be found. He stated that Mr.
Havill’s map included Lake Louisa State Park and Hilochee (Wildlife Management
Area) and thousands of acres that do not fit the bill.
Commr. Pool stated that he supports
the school site and will make the motion to rezone the site.
Commr. Hill asked to make comments
before the motion and Commr. Pool agreed that was acceptable.
Commr. Hill thanked Mr. Havill and
Mr. McKee for the research that may be of use to the School Board. While every
site on that map may not fit, perhaps 50 sites do. She remarked that she had
heard that this was the only site and it was either do or die with this site
alone. She stated that this Board is responsible to all taxpayers in the
County, not just parents with children. All taxpayers have the right to demand
that their dollars are spent wisely and carefully. She stated that staff gave a
compelling case that will show the amount of dollars required to make this site
accessible and it will cost the taxpayers millions, even without the properties
that are to be condemned, which could result in a lengthy court battle and much
more cost. She stated that the applicant has made a bargain with one of the
biggest developers in this region. If the request is approved, and once the
roads and the other infrastructures are complete, it would give the developers
carte blanche to develop even more subdivisions and, once completed, this
school will be overcrowded. She explained that when she voted against the treatment
plant in 2003, she and Commr. Cadwell said it will be a major catalyst for
development in this area and it has been. She opined that this taxpayer
boondoggle will very likely do the same thing and, if approved, will encourage
more development.
Commr. Stivender stated that she met
last year with the School Board in efforts to come up with sites. There was a
site selection committee and there probably are other sites like those
mentioned by Mr. Havill. She stated that, however, the site before them tonight
has already been purchased and they have done their due diligence and there
needs to be a school. She stated that she has been moving forward with the
School Board to get schools built because they are overcrowded. She stated that
she understands VOICE’s side of the issue because she has two children in
schools that are overcrowded. She stated that she understands the people who
live out there. She opined that if enough requirements are put on it, with the
berm guarding them, not letting them go down Sullivan Road, making them
responsible for paying for the road, not the Board of County Commissioners, there
would not be a problem with putting it there. She agreed with Commr. Hanson
that this is a site they would need in five years but she thinks they are going
to need it sooner than that with what is already there. She stated that whether
or not we approve anything for the
biggest developer in Lake County there are already approved units that will
fill that school.
Commr. Stivender seconded Commr.
Pool’s motion.
Commr. Pool stated that his motion
will be to uphold the recommendation of the Lake County Zoning Board and approve
Rezoning Case PH#50-05-2; Lake County Public Schools; Harry Fix, AICP; Tracking
No. 56-05-CFD, a request to rezone a 115 +/- acre parcel from an existing PUD
(Planned Unit Development) to CFD (Community Facility District) with the
following conditions: eminent domain powers to the School Board only; that
Sullivan Road be cul-de-saced and not used in any way, shape or form at the end
of it; and that the school be positioned on the site the furthest away from the
residents that live there.
Commr. Stivender seconded the motion
as amended.
Commr. Hill noted that there is a
motion and a second. She called for any other comments or questions.
Under discussion, Commr. Stivender commented
that she is not sitting here so that she can get re-elected in 2008. She stated
that she is trying to do the best thing that is going on for Lake County and
that is why she is voting the way she is voting.
Commr. Hill called for a vote on the
motion which failed by a vote of 2-3.
Commissioners Cadwell, Hanson and
Hill voted “No.”
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 9:25 p.m.
__________________________
JENNIFER HILL, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK