A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 27, 2005

The Lake County Board of County Commissioners met in regular session on Tuesday, September 27, 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: Jennifer Hill, Chairman; Catherine C. Hanson, Vice Chairman; Debbie Stivender; Welton G. Cadwell; and Robert A. Pool.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; and Toni M. Riggs, Deputy Clerk.

INVOCATION AND PLEDGE OF ALLEGIANCE

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

            ELECTED OFFICIALS

            Commr. Hill recognized Mr. Scott Kearney, Mayor of the Town of Howey-in-the-Hills, who had two of his co-workers with him.

            AGENDA UPDATE

            Ms. Cindy Hall, County Manager, stated that staff would like to pull Tab 7, the request from Public Works for approval and signature on the Developer's Agreement between the Lake County Board of County Commissioners and The Villages of Lake-Sumter, Inc. for improvements to County Road 466.  This item will be rescheduled to the November 1, 2005 Board meeting.  She noted that the Board also has Addendum No. 1 with one consent item and one report.

            COUNTY MANAGER’S CONSENT AGENDA

            Commr. Pool requested that Tab 5 regarding the Lease Agreement with C & P Properties be pulled; he will not be voting on the item.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Items 1, 2, 3, 4, 6 and 8, as follows; pulling Tab 7 to be rescheduled; and pulling Tab 5 for a separate motion; and the consent item on Addendum No 1:

            Resolution/Budget/Federal Disaster Relief/State Disaster Relief/Hurricane Frances

 

            Request from Budget for Resolution 2005-156 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2004-2005 in the amount of $17,797,000.00 deposited into Federal Disaster Relief and $931,621.00 deposited into State Disaster Relief. The Resolution will provide appropriations for the disbursement for Overtime [$450,000.00], Professional Services [$4,100,000.00], Contractual Services [$15,019,142.00], Communications [$100.00], Repair and Maintenance [$90,000.00], and Operating Supplies [$1,000.00]. The County's obligation of five percent (5%) of the anticipated expenses will be funded from Economic Stabilization [($931,621.00)]. The revenue was received for Hurricane Frances assistance.

 

            Resolution/Budget/Federal Disaster Relief/State Disaster Relief/Hurricane Jeanne

 

            Request from Budget for Resolution 2005-157 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2004-2005 in the amount of $1,610,343.00 deposited into Federal Disaster Relief and $13,696.00 deposited into State Disaster Relief. The Resolution will provide appropriations for the disbursement for Overtime [$250,000.00], Contractual Services [$1,080,835.00], Communications and Freight [$700.00], Utility Services [$4,000.00], Rentals and Leases [$1,200.00], Repair and Maintenance [$300,000.00], Other Current Charges [$500.00], and Operating Supplies [$500.00]. The County's obligation of five percent (5%) of the anticipated expenses will be funded from Reserve for Contingency [($13,696.00)]. The revenue was received for Hurricane Jeanne assistance.

 

            Check Request/Sheriff’s Office/Florida Contraband Forfeiture Act

 

            Request from Budget for approval of Check Request (Direct Pay) from the Sheriff's Office for payment of Law Enforcement Trust fund costs, pursuant to the Florida Contraband Forfeiture Act. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $33,726.08.

 

            Check Request/Sheriff’s Office/Reimbursement/Automation Funds

 

            Request from Budget for approval of Check Request (Direct Pay) from the Sheriff's Office for reimbursement of invoice from automation funds. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $41,515.00.

 

Certification for Annual Report/Affordable Housing State Housing Initiative Partnership (SHIP) Program

 

            Request from Community Services for approval and signature on the Certification for the Annual Report for Affordable Housing State Housing Initiative Partnership (SHIP) Program for Fiscal Years 2002-2003, 2003-2004, and 2004-2005, and approval and signature on the Certification for Implementation of Regulatory Reform Activities, to become a part of the Annual Report.

 

First Amendment/Community Development Block Grant Partnership Agreement/Town of Astatula

 

            Request from Community Services for approval and signature on the First Amendment to the Fiscal Year 2004-2005 Community Development Block Grant Partnership Agreement between Lake County and the Town of Astatula to extend the Agreement to December 31, 2005.

 

            Self-Insurance Programs/A. J. Gallagher & Company

 

            Request from Employee Services for approval to renew the County's self-insurance programs with A. J. Gallagher & Company effective October 1, 2005 and continue Public Entity Package, Excess Workers' Compensation, Excess Property, Boiler & Machinery, Public Official's & Employment Practices Liability, Storage Tank Liability, and Railroad Protective Liability Insurance Programs for Fiscal Year 2005-2006.

 

First Amendment to Agreement/General Physics Corporation for Emergency Management Consulting Services/State Homeland Security Grant (SHSG)

 

            Request from Public Safety for approval and execution of the First Amendment to Agreement between Lake County, Florida and General Physics Corporation for Emergency Management Consulting Services relative to the State Homeland Security Grant (SHSG).

 

            Supplemental Agreement Number 4/South Clermont Connector Project

 

            Request from Public Works for approval and signature on the Supplemental Agreement Number 4 for the South Clermont Connector Project in the amount of $24,000.00.

 

            ADDENDUM NO. 1 –

 

Extension of Community Development Block Grant Partnership Agreement/Community Care Health Services, Inc.

 

            Request from Community Services for approval of the extension of the Community Development Block Grant Partnership Agreement with Community Care Health Services, Inc. to December 31, 2005.

 

            LEASE AGREEMENT/C&P PROPERTIES/COOPER MEMORIAL LIBRARY

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried by a 4-0 vote, the Board approved the request from Facilities Development and Management for approval and authorization to amend the Lease Agreement with C&P Properties in the amount of $18,794.0 for the Cooper Memorial Library relocation and approval of the associated budget transfer.

            Commr. Pool declared a conflict of interest and abstained from voting noting that Dan Pool is his brother.

            PUBLIC HEARINGS:  VACATIONS

PETITION NUMBER 1057 – R. E. OSWALT – GROVELAND AREA – COMMISSION DISTRICT 2

 

            Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Petition Number 1057 and the request for approval and execution of Resolution by R. E. Oswalt to vacate a right of way and cease maintenance on a portion of Jack Underwood Road (Number 1630), in the Plat of Groveland Farms, located in Section 15, Township 22 South, Range 25 East, in the Groveland area – Commission District 2.   Mr. Stivender explained that Underwood Road was parallel to the north side of the railroad track when the railroad track was moved; the clay road is maintained.  He explained that it used to run further to the east, and it has been vacated in a series of vacations over the years; staff is recommending approval of the vacation.  Staff does not show any rights-of-way, prescriptive rights, or ceased maintenance; it is currently a clay road.

            Commr. Hill opened the public hearing and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Petition Number 1057 and approval and execution of Resolution 2005-158 by R. E. Oswalt to vacate a right of way and cease maintenance on a portion of Jack Underwood Road (Number 1630), in the Plat of Groveland Farms, located in Section 15, Township 22 South, Range 25 East, in the Groveland area – Commission District 2.

            REZONING

            Mr. Jeff Richardson, Planning Manager, addressed the Board and stated that staff has a change to the rezoning agenda, to Agenda Item No. 6, Hartman Golf Course Management, PH#82-05-1.  Staff has received a written request for withdrawal of that case.

            In regards to Agenda Item No. 14, LPA#05/8/1-2, Tom Harb/Lake County Gateway, LLC, Plaza Collina, Commr. Cadwell stated that they were delayed by the Land Planning Agency (LPA) for 30 days, and he wanted to know if that will affect the Board’s action today.

            Mr. Richardson clarified that this does not affect the Board’s action today, because this is the Comprehensive Plan amendment at this point in time.

            Commr. Stivender disclosed Agenda Item Nos. 1, 6, 11, 12, 13, and 14 on both sides; Commr. Hill disclosed the same; Commr. Pool disclosed the same; Commr. Cadwell disclosed that he talked to one of the neighbors on Agenda No. 11; Commr. Hanson disclosed 11, 12, 13, and 14 but that 1 does not need to be included.  Commr. Hanson also disclosed that, on Tab 5, for clarification, Scotty Hanson is her son, but he no longer owns that property; he sold it a couple of months ago; and she will be voting on that item.

REZONING CASE PH#80-05-3 – FLORIDA MADE DOOR MANUFACTURING COMPANY – TRACKING #91-05-MP – A TO MP

 

            Ms. Jennifer Dubois, Planner, Planning and Development Services, presented Rezoning Case PH#80-05-3, Florida Made Door Manufacturing Company, Owner; Steven J. Richey, P.A., Applicant; Tracking #91-05-MP; a request to amend Rezoning Resolution #10-73 to add 23.54 acres presently zoned Agriculture to the existing MP (Planned Industrial District) zoned door manufacturing facility. The property is located in the Astatula area east of CR 561 approximately one mile north of the intersection of CR 561 and CR 48.  As reported in the Summary Analysis, the current operation and the proposed expansion area are in the immediate vicinity of several large industrial facilities including the Florida Concrete Pipe Corporation, and the Astatula Sand Mine.  It is the opinion of staff that the expansion of the operation would constitute a continuation of the development pattern of the surrounding area.  The request complies with applicable provisions of the Land Development Regulations (LDRs) but it is inconsistent with the Comprehensive Plan as seen in Policy 1-1.14(4) (f), which states that industrial uses shall be served by central utilities; however, the parcel is located in the Astatula area, and the Town of Astatula does not operate a municipal water and wastewater system; the existing facility is served by a septic system and well as the other industrial uses in the vicinity.  Any new or upgraded septic system or well associated with the expansion would require approval from the Florida Department of Health.  In accordance with Comprehensive Plan Policies 6A-2.5 and 6D-2.5, a connection to that system shall be mandatory, at such time that a public wastewater and/or water system become available.  Staff recommends approval to rezone from A to MP.

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and stated that, as noted, this business has operated at this location since the 1970s and this is an expansion.  Pursuant to the Economic Development Element of the Comprehensive Plan, he would respectfully request that the Board approve this; the Zoning Board approved it unanimously and there was no opposition at that meeting.  In response to Commr. Cadwell’s question, Mr. Richey noted that they do not plan to use any other access other than their existing one; they employ approximately 25 people; and they would have to go back through site plan review for any expansion there.

            Commr. Hill opened the public hearing and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#80-05-3, Florida Made Door Manufacturing Company, Owner; Steven J. Richey, P.A., Applicant; Tracking #91-05-MP, Ordinance 2005-76, a request to rezone from A (Agriculture District) to MP (Planned Industrial District), to expand the existing door manufacturing facility.

REZONING CASE PH#75-05-5 – RAYMOND JONES/PECS INTERNATIONAL, INC. – TRACKING #95-05-Z – R-1 TO R-3

 

            Ms. Jennifer Dubois, Planner, Planning and Development Services, presented Rezoning Case PH#75-05-5, Raymond Jones/PECS International, Inc., Owner/Applicant; a request to rezone from R-1 (Rural Residential) to R-3 (Medium Residential) 9.7 acres for the creation of a single family residential subdivision. The property is located in the Lady Lake area approximately one-half mile east of the intersection of U.S. Highway 27/441 and Edwards Road.  As noted in the Summary Analysis, even though the applicant obtained enough points through the utilization of the Urban Area Residential Density Chart corresponding to a maximum allowable density of six dwelling units per acre, if the zoning district density is less than the point system density, the maximum allowable density shall comply with the zoning district density; R-3 zoning permits a maximum of three dwelling units per acre and, therefore, takes precedence over that of the point system density.  The applicant states that potable water and sanitary sewer service will be provided by the Town of Lady Lake; the Town’s Public Works Director has verified that the project will be served by central utilities following the execution of a mutually acceptable developer’s agreement.  Staff is recommending approval of the request.

            Mr. Rob Ern of Farner Barley addressed the Board and stated that he is here representing the applicant and to answer questions of the Board.

            Commr. Hill opened the public hearing and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            Commr. Hanson stated that she had a question somewhat specific to this request.  She stated that there is an over capacity of students in Leesburg.  She knows that the County uses the same criteria that the School Board uses to figure capacity but obviously they do not include portables.  Her recommendation would be for the Board to consider developing their own criteria.  If they question the School Board’s criteria for capacity, then they may want to at least bring that into consideration, the location of portables, if they are being considered in this formula.

            Commr. Cadwell stated that this is going to be the biggest question when the Board looks at school concurrency.  He stated that he does not want to see the Board pre-establish their opinion today, because that is one of the things that they really need to work out with the School Board; how capacity is figured is going to be the key to whether they will really have concurrency.

            Commr. Hanson stated that she agrees with Commr. Cadwell but she believes that the Board should have that information when they say a school is under capacity or over capacity, and they need to look at the number of portables (student stations) at that school.

            Commr. Cadwell stated that, if they do that, then the Board goes into the meetings with the School Board with a pre-conceived notion that they are going to count portables when this Board has not even decided that.

            Commr. Hanson stated that she would like to have the information, not to make a decision one way or the other, but to base her personal decision on.

            Commr. Pool stated that he agrees 100%; it is nice to know the actual figures in terms of the number and location of those student stations.  He noted that Senator Carey Baker spoke last night, and it is very evident that, in the very near future, with this class size amendment, they are not going to reach that level; neither the Lake County School Board nor any other school board is going to reach that goal and objective, so they better start counting every student station.

            Commr. Hill stated that she did not know if the School Board counted portables within this request but two of three schools are under capacity; one is over capacity by two percent and that is the same school that the School Board had a discussion about whether they wanted to sell property around that school as surplus.  So it did not seem like that was an issue of concern with that school and that capacity number.  She felt that, in the future, the School Board should hold onto some of that property that they own around the schools for future needs.  It was noted that this issue was still under discussion with the School Board.

            Seeing as a School Board member did vote for approval of this request, Commr. Hill stated that she did not have a concern at this point.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#75-05-5, Raymond Jones/PECS International Inc., Owner/Applicant; Tracking #95-05-Z; Ordinance 2005-77; a request to rezone from R-1 (Rural Residential) to R-3 (Medium Residential) for the creation of a single family residential subdivision.

REZONING CASE PH#74-05-5 – JOSEPH E. AND CARRIE B. PREVEDEL – TRACKING #94-05-CFD – A TO CFD

 

            Ms. Stacy Allen, Senior Planner, Planning and Development Services, presented Rezoning Case PH#74-05-5, Joseph E. and Carrie B. Prevedel, Owner; David Lindstrom of DML Associates of Palm Beach, Inc. for Nextel Communications, Applicant; Tracking #94-05-CFD; to rezone Nextel Communications lease site from A (Agriculture) to CFD (Community Facility District) to bring the zoning district and existing uses (cellular communication tower, equipment shelters and associated accessory uses) into compliance and to allow for an additional 20’x30’ lease area for another equipment shelter.  As noted in the Summary Analysis, the site consists of portions of two parcels located in the Lady Lake area west of CR 25 (Alternate US Highways 27/441) and approximately 9/10 of a mile south of the Marion County line.  The uses on the site were permitted in 1994 and are an existing nonconforming use in the current zoning district (Agriculture).  In September 1997, the County adopted LDR Section 3.13.00 Wireless Antennas, Towers, and Equipment Facilities; therefore, the entire lease parcel must be properly zoned to CFD.  Staff is recommending approval of the request; the Zoning Board recommended approval with a 7-0 vote.  Staff has received written comments in opposition, two letters of concern from the same person, and a petition signed by 32 residents in the area.  The applicant is present today.

            Commr. Cadwell pointed out that, in the Zoning Board minutes, it indicates that the Zoning Board recommended approval to CFD with staff and the applicant meeting prior to this meeting to discuss additional buffering, and he wanted to know if this meeting took place with the residents.

            Ms. Allen explained that the applicant submitted a landscape buffer plan around their portion of the lease site.  During site plan approval the entire buffer will be addressed.

            Mr. Dave Lindstrom representing Nextel Communications addressed the Board and stated that he did not have anything to add to Ms. Allen’s comments; he was here to answer any questions of the Board or public.  He explained that there will be no additions whatsoever to the tower.

            Commr. Stivender stated that there is a petition in the backup, but it did not appear that anyone was at the Zoning Board meeting other than Mr. Gibson who had concerns against it.

            Commr. Hill opened the public hearing and called for public comment.

            Ms. Nancy Regero, Lady Lake, stated that she is not here for or against the petition, but she has some questions.  She wanted to know what exactly what would happen to the rest of the property, once the property is rezoned to CFD and the building is constructed on site, because it is huge pasture land and she wanted to know if it would be open to commercial development.

            Commr. Cadwell explained that an individual is required to have a site plan with a CFD zoning, so they could not put anything else on the property without coming to the Board at a full public hearing.

            Ms. Regero pointed out that the residents are concerned about the buffering of the buildings because, when the first building was built in 1996 or 1997, it was supposed to be buffered, but it has yet to be buffered.  They were hoping that everything could be done at one time when the equipment shelter is built.  Mr. Lindstrom did present a schematic of the landscaping that they will provide around their portion of the lease parcel.  It was explained that, when the site plan is submitted to staff, the entire parcel will have to meet the landscaping requirements.  Iit did not meet those requirements before because it was an existing tower when the Board enacted the new rules.

            Commr. Hill called for further public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#74-05-5, Joseph E. and Carrie B. Prevedel, Owners; Dave Lindstrom of DML Associates of Palm Beach, Inc. for Nextel Communications, Applicant;  Tracking #94-05-CFD; Ordinance 2005-78; a request to rezone Nextel Communications lease site from A (Agriculture) to CFD (Community Facility District) to bring the zoning district and existing uses into compliance and to allow for an additional 20’x30’ lease area for another equipment shelter.

REZONING CASE PH#84-05-4 – JACK CASSELL, OWNER – LESLIE CAMPIONE, APPLICANT – TRACKING #99-05-PUD – R-3 TO PUD

 

            Ms. Stacy Allen, Senior Planner, Planning and Development Services, presented Rezoning Case PH#84-05-4, Jack Cassell, Owner; Leslie Campione, Applicant; Tracking #99-05-PUD;  a request to rezone 34.77 +/- acres from R-3 (Medium Residential) and A (Agriculture) to PUD (Planned Unit Development), for a planned single family subdivision with open space or conservation based design.  As noted in the Summary of Analysis, the existing home site and accessory structures will remain along with portions of the orange grove, forested area, and wetlands near the lake.  The site is located on the corner of CR 44 and CR 44A in the Eustis area.  If approved, the request would actually downzone the property as 12 acres that is currently zoned R-3 allowing three dwelling units per acre, and the Urban Area Residential Density Analysis results would allow a maximum of 5.5 dwelling units per acre; however, development is capped by a maximum density allowed in the Urban Expansion Future Land Use category of four dwelling units per acre.  The applicant is proposing a residential density of less than one dwelling unit per acre.  As noted, the request is consistent with the Land Development Regulations (LDRs) and Comprehensive Plan, and the City of Eustis will provide the development with central water and sewer services. Staff is recommending approval of the request with mindful consideration/discussion of the Lake County Schools’ comment that “this rezoning will have an adverse impact on the elementary, middle, and high schools as they are currently over capacity.”  Staff has not received any written comments in opposition or support of this request.  The Zoning Board recommended approval with a 7-0 vote.  She noted that the applicant is present.

            Commr. Pool pointed out that, even though Ms. Allen noted that all of the schools are currently over capacity, Eustis High is under capacity, as shown in the backup.

            Commr. Stivender disclosed that she talked to Ms. Campione; Commr. Hill disclosed the same.

            Ms. Leslie Campione, Attorney on behalf of Mr. Jack Cassell, owner of the property, addressed the Board and stated that this is a design, as shown, that was actually formulated by Mr. Randall Arendt recently to incorporate the conservation based subdivision design.  It has about 50% of the property remaining as open space.  She stated that this will be modified a little bit, because they will need to plat the existing buildings into a lot, or they may actually do a few lots that incorporate those.  Ms. Campione stated that there is something that she overlooked that she would ask that the Board include in the Ordinance and that is that the agricultural uses would be permitted to remain on the property until the property is developed and thereafter that they would be permitted within the common space.  She knows that this becomes an issue sometimes in Mr. Ed Havill, Property Appraiser’s Office, that they actually include that language in the Ordinance.  The they would only be interested in citrus and possibly horses.  The School Board commented on the negative impact of this and yet the R-3 zoning already on the property would permit 48 units without a rezoning, so they are actually reducing the number of students that would be generated as a result of this subdivision.  If they had asked for a rezoning of the entire property to the R-3, they would be up to 136 units, so this is truly a down zoning and will have a lesser impact.

            Commr. Cadwell asked Ms. Campione about her logic to not go into the City of Eustis, since they are going to be pretty much surrounded by it.

            Ms. Campione stated that it is really an issue of timing; they met with the City of Eustis, and they are in the midst of making changes to their Land Development Regulations (LDRs) and Comprehensive Plan to incorporate the Wekiva provisions.  It was not an issue of not wanting to go through the City of Eustis, but they basically have a moratorium in place right now on processing applications.  They were directed by the City Manager to proceed through Lake County, and to get their zoning in place.  Then they will have to sign a covenant to annex at the time they connect to their water and sewer system.  The City of Eustis is asking that, as they formulate their plat, they meet with them and they incorporate the City’s LDRs into their plat.  She noted that this piece of property has never gone before their board.

            Commr. Cadwell wished that the City of Eustis was here today to make sure that they are all in agreement because, even though he has heard what Ms. Campione has said today, they have had people come to this Board to basically try and get around what the city wanted to do.

            Ms. Campione explained that the City of Eustis actually came to their Development Review Staff (DRS) meeting and, because this is a PUD, they have already had a meeting with County staff, and Mr. Alton Roane attended that meeting and provided comments; none of those comments were negative and the City of Eustis does not have a problem with this request.

            Commr. Cadwell stated that he knows that in that particular area, the City of Eustis is looking at maybe trying to do things a little different but if this is what they are trying to do then that is fine.

            Ms. Campione explained that this property is actually outside of what they are calling their conservation overlay where they are looking at as much as 40% to 60% open space areas in the Wekiva Basin.  This property is not within that area; that dividing line is over at Estes Road and CR 44A.  She can assure the Board that this is not a matter of going around the City of Eustis; it was going to delay them three or four months.  She affirmed that Mr. Roane thought this was consistent with what they are looking at in regards to their open space and consistent with their conversations.  In fact, this is going far beyond what they would request in this particular area but, as far as their discussions on their open space requirements, they exceed probably the most stringent proposal that is out there.  She noted that the PUD is requiring 25%; however, there are 34.77 acres and they are proposing 34 units.  They are looking at doing half acre to three-quarter acre lots, so the open space will be more than 25%; it could be as high as 50% if they go with half acre lots.

            Commr. Cadwell wanted to know if Ms. Campione would have any trouble putting some type of language in the PUD that would say another percentage other than 25% to insure that they have greater than 25%.

            Ms. Campione noted that they have not had the opportunity to do the engineering on the site, but she would have no problem with such language, but they might have instances where they want some of the lots to be a little bit larger and in other areas cluster more so it would be nice to have the flexibility.

            Commr. Hanson stated that the County PUD is set up for clustering, and there ought to be a higher standard for the open space requirements.

            Ms. Campione pointed out that the County’s standard right now for open space is 25%.  She feels that they are bringing in a very nice plan and, while they plan to go beyond the 25%, until they get to the next part of this, the preliminary plat, she would like to have some flexibility.

            Commr. Cadwell wanted to know if there was anything planned for the little piece of property that touches Lake Swatara, a boardwalk or something, but Ms. Campione explained that there are no plans right now, even though they might try to do a boardwalk, but it would be for passive recreational uses.

            Commr. Hill opened the public hearing and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            Commr. Stivender asked staff for clarification of what was actually said at the DRS meeting when Mr. Roane was in attendance, and she wanted to know if what has been explained to the Board is correct.

            Mr. Richardson stated that what has been explained to the Board by Ms. Campione is correct, but there is one issue they did not bring up in the Ordinance relating to setbacks.  They are going to add a provision for setbacks; the 30’ front, 10’side and 10’ rear being requested is fine by staff but, if they are going to do additional clustering, they may need to discuss that now to reduce those a little bit to make it work on smaller lots.  Staff does not agree with the wetlands setback for a minimum of 15’ and an average of 50’; it should be a 50’ setback as stated in the Code.

            Ms. Campione pointed out that this would be another reason to go with the 25% open space because they may have to enlarge those lots, even though that area, the 50’ setback, would not be usable.

            Commr. Hanson stated that there is going to be water and sewer and that is the perfect opportunity for even smaller lots and larger lots, but it gives them the opportunity to cluster even more.  She stated that the Board would like to encourage her to have greater than the 25% if possible.

            Mr. Richardson stated that, to encourage that in cluster, he would suggest going to the minimum as stated in the Code, which is 25’ from the property line on the front and 5’ side and 5’ rear; that allows for a smaller setback.  With a good size home with central water and sewer, they will not have to worry about septic and drain field and having to provide room for that so that should provide adequate space.  Staff will add a clause to the Ordinance for setbacks as established by the Board today.  He would suggest that, to encourage clustering, they should decrease the setbacks as they were proposed in the master development plan, 25’ front, 5’ side and rear, and 50’ from wetlands.  In looking at the proposed development plan that was discussed at DRS and the one that Mr. Arendt put together, there really should not be an issue with the wetlands anyway, because it is more less a setback from the lake itself.  In terms of the request for agricultural uses, staff can write a clause that agricultural uses may be pursued; agricultural uses shall include citrus, equestrian, or they could even just include it as pasture.

            Ms. Campione explained that what they are trying to do here is a very high end subdivision, a gated community, and they would like to have wide enough lots where they can have side entry garages.  She does not think this is sprawl in any means and, if they reduce the size of the lots, they may significantly impact their ability to address this particular market.  She thinks they will end up probably going to 35%; she just does not want to lock them into that at this point until they actually get it designed noting that 25% is more than what they can get in straight zoning; they could stay with the R-3 and cluster and leave everything open and double the number of lots.  She stated that this could really serve as a model for future projects, and they are hoping that this could set a standard.

            Commr. Hanson stated that she appreciates Ms. Campione going with the PUD, because that allows them to do a lot more things than they could do with straight zoning.

            Mr. Richardson stated that, if the Board is comfortable, staff can prepare the language as open space greater than 30%.        That allows them some flexibility but still provides more open space than the traditional planning and development.

            Commr. Hanson noted that the School Board member did vote for it and, even though the middle school is over capacity, she is assuming that 35% is in portables and, with the current zoning in place, without even coming to the Board, the applicant could get even a greater density.

            On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved PH#84-05-4, Jack Cassell, Owner; Leslie Campione, Applicant; Tracking #99-05-PUD; Ordinance 2005-79, a rezoning request from R-3 (Medium Residential) and A (Agriculture) to PUD (Planned Unit Development), with additions to the ordinance, as follows:  setbacks to be 25’ from the property line on the front; 5’side and rear; 50’ setback from the wetlands; agriculture uses that would include citrus, equestrian and/or pasture; and open space greater than 25%.

            Ms. Campione wanted to note on the record that she has presented a map and staff has a copy of it, but she is going to copy it and get it to the Clerk after the meeting.  The map was received and marked and entered as Exhibit A-1 for the applicant.

REZONING CASE PH#83-05-4 – DAVID BARTELS AND KYLE BURNETT – TRACKING #97-05-Z – A TO RP

 

            Ms. Stacy Allen, Senior Planner, Planning and Development Services, presented Rezoning Case PH#83-05-4, David Bartels and Kyle Burnett, Owners/Applicants; Tracking #97-05-Z; a request to rezone from A (Agriculture) to RP (Residential Professional), for a site that totals 0.13 acre and contains a single family residence; it is located in the Mount Plymouth area on SR 46.  As noted in the Summary of Analysis, the site is located in the UNC Wekiva Future Land Use category within a Neighborhood Activity Center.  The request is compatible with the surrounding land uses and development patterns in the area, and there will be minimal change in the intensity of use.  As further noted, due to increased traffic on SR 46, the site is no longer suitable as a residence.  Staff finds the request to be consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and recommends approval of the request; the Zoning Board recommended approval 7-0.  Staff has not received any written comments in opposition or support of this request and the applicants are present.

            Mr. Kyle Burnett, applicant, addressed the Board to answer any questions of the Board.

            Commr. Hill opened the public hearing and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#83-05-4, Kyle Burnett and David Bartels and Kyle Burnett, Owners/Applicants; Tracking #97-05-Z; Ordinance 2005-80; a request to rezone from A (Agriculture) to RP (Residential Professional).

REZONING CASE PH#78-05-4 – MILDRED M. HOBDY – TRACKING #89-05-CP – A TO CP

 

            Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, presented Rezoning Case PH#78-05-4, Mildred M. Hobdy, Owner; Solid LLC/Ben Champion, Applicant; Tracking #89-05-CP; a request to rezone from A (Agriculture District) to CP (Planned Commercial District) to allow limited neighborhood commercial uses such as professional office, banking, consumer services and repair, personal care service, church, and single-family dwelling unit.  As noted in the Summary Analysis, the property is located within the adopted Mount Dora Joint Planning Area (JPA), and the site will be served by individual well and septic.  Staff finds the request to be in compliance with applicable provisions of the Land Development Regulations (LDRs) and Comprehensive Plan.  He stated that this is a six acre parcel located between Mount Dora and Sorrento approximately 100 feet east of the intersection of SR 46 and Round Lake Road; it is within the Suburban land use designation; and it meets the policies for commercial location criteria for a neighborhood activity center.  Staff had no letters of support or opposition; the Zoning Board recommended approval by a 7-0 vote; staff is recommending approval of the request.

            Commr. Cadwell pointed out that, in the letter received from the City of Mount Dora, it sounds like they were pretty much on board other than a concern for single family dwellings, and Mr. Hartenstein explained that, in C-1 you can have single family dwelling connected with a business.

            Commr. Hill stated that, in looking at the letter from the City of Mount Dora, they would like the Board to delete consumer service and repair and single family dwelling; to include research, banking and medical services.  She also wanted to know if these uses can be put under professional office.

            Mr. Hartenstein stated that research and medical services is a specific category in the zoning ordinance and would not go under professional services.

            Mr. Jack Champion stated that he is a managing member of Solid LLC.  His son Ben Champion was mentioned as a representative; he was unable to be here today.  Mr. Champion stated that he will be glad to answer any questions of the Board.  To comment on the single family, Mr. Champione stated that they have no intentions of building single family residences there.  There is an existing single family residence on the property, and they have not decided for sure whether they will build a separate office building or remodel the existing structure.  If they build a separate office building, depending upon the availability of tenants, it might be advantageous for them, on a short term basis, to continue to use the single family residence to offset expenses.   They have no problem removing consumer service and repair; he would be opposed to any of those things going in adjacent to his office anyway.

            Commr. Hill opened the public hearing and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#78-05-4, Mildred M. Hobdy, Owner; Solid LLC/Ben Champion, Applicant; Tracking #89-05-CP; Ordinance 2005-81; a request to rezone from A (Agriculture District) to CP (Planned Commercial District), with the exception of consumer service and repair, veterinary clinic, and single family dwellings other than the dwelling that is currently on site.

REZONING CASE PH#76-05-4 – GEORGE AND TINA WEEKS – TRACKING #905-05-CP – R-6 TO CP WITH C-1 USES

 

            Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, presented Rezoning Case PH#76-05-4, George and Tina Weeks, Owners/Applicants; Tracking #90-05-CP; a request to rezone from R-6 (Urban Residential District) to CP (Planned Commercial District) with C-1 (Neighborhood Commercial) uses.  As noted in the Summary Analysis, the request is to rezone two lots to be compatible with their adjacent three lots that are already zoned C-1. 

            Commr. Hanson disclosed that she did discuss briefly this issue with Tina Weeks and asked her to come to staff for direction.

            As noted in the Summary Analysis, Mr. Hartenstein explained that the applicants have owned these five lots since 1982.  Mrs. Weeks has stated that they have a buyer for the properties and wish to sell all as commercial.  Staff has reviewed this application and finds this to be infill to an existing commercial area.  He pointed out that the whole designated area at the intersection has the future land use overlay of neighborhood activity center.  The two parcels are .14 acres located in the Mt. Plymouth/Sorrento area at the intersection of CR 435 and SR 46.  The proposed rezoning does not conflict with the Land Development Regulations (LDRs) within the Mount Plymouth/Sorrento Urban Compact Node Wekiva land use designation; and it is consistent with the Comprehensive Plan; it is situated within the Neighborhood Activity center, therefore, meets commercial location criteria.  The Zoning Board recommended approval with a 7-0 vote; staff received no letters of support of opposition; staff is recommending approval of the request subject to the conditions outlined in the attached Ordinance.

            Commr. Hanson wanted to know if Mr. Hartenstein had an opportunity to evaluate this area and determine how recently there has been a change to commercial.  Mr. Hartenstein noted that he has not seen too much commercial change right in that immediate intersection area, and these are about the same commercial enterprises that have always been there.

            Commr. Hanson stated that there has been very little commercial added to the area; it is in the Wekiva; and it may be a little premature but she thinks it is appropriate.

            Ms. Tina Weeks, applicant, addressed the Board and stated that, if the request gets approved by the Board, she wanted to how long will it take to get her paperwork on it.  It was noted that it usually takes seven to ten days.

            Commr. Hill opened the public hearing and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#76-05-4, George and Tina Weeks, Owners/Applicants; Tracking #90-05-CP; Ordinance 2005-82; a request to rezone from R-6 (Urban Residential District) to CP (Planned Commercial District) with C-1 (Neighborhood Commercial) uses.

REZONING CASE PH#81-05-5 – FREE METHODIST CHURCH OF NORTH AMERICA, INC. – TRACKING #92-05-CFD – R-6 TO CFD

 

            Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, presented Rezoning Case PH#81-05-5, Free Methodist Church of North America, Tracking #92-05-CFD, a request to rezone from R-6 (Urban Residential) + CUP #959A-5 to CFD (Community Facility District), a 5.9 acre parcel.  As noted in the backup, there is one building on site that is used as a church, and a mobile home on site being used as a parsonage.  The owner wishes to sell the church facility to the Faith Worship Center who wishes to continue the existing use as a church with the mobile home as the parsonage.  The Faith Worship Center wishes to add two modular classroom structures to the site to accommodate their children and youth programs, which would be classified as an accessory use.  Staff has found that the property is consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and recommends approval with conditions contained in the ordinance, and with the revocation of the CUP.  He noted that the property is located between Lisbon and Eustis off of SR 44 on Goose Creek Road.  Mr. Hartenstein stated that he made a site visit, and there appears to be open grassland around the property.  The project will be served by individual well and septic; there will be no impact to the school system; and the traffic patterns will closely resemble the current patterns.  The Zoning Board approved the request 7-0; there were no letters of support or opposition to the request.

            Commr. Cadwell wanted to know if the applicant has a clear understanding that the additional rooms are for Sunday school and church related activities; not a school.

            Mr. Hartenstein stated that there is nothing in the Ordinance that mentions a school; if they every wanted to have a school, they would have to come back before the Board with that request.

            Mr. Richard Lehman stated that he is here representing the Free Methodist Church of North America and the South Atlantic Conference, and they are very pleased to be able to have the Faith Worship Center look at this property and continue it as a church.  They are impressed with their positive attitude; they feel very strongly that they will be a very good influence for the area; and they are not new to this general area.

            Mr. Jim Ekberg, Keats Drive, stated that he can see the church building from his property, and he wanted to know what the applicant can do with her property under the CFD zoning.

            Commr. Cadwell explained that the CFD zoning is very specific in terms of what someone can do with their property.  If they want to do anything else other than what is being described today, a church and Sunday school classrooms, they would have to come back through a public hearing process.

            Mr. Ekberg stated that he wanted to clarify the discussions that have been taking place in the neighborhood.  He explained that the residents heard that the applicants could counsel sex offenders, or the criminal element, in that facility under this zoning.

            Commr. Cadwell explained that the applicant will be able to do any type of what you would consider a church activity, and he is certain that counseling is something churches offer.  There will only be classroom structures on the site, not residential structures.  The church will be a commercial type building, so they will have to comply with a lot of state and local regulations for the church building.

            Mr. Hartenstein explained that he received several phone calls about a petition that was being circulated through the neighborhood opposing the request because they thought that there was going to be a homeless shelter or some type of housing for sex offenders.

            Mr. Anthony Frazier stated that he represents Faith Worship Center as a Pastor, in a church that has been in this area for approximately nine years.  He has been the Pastor for three years, and they intend to use the property for minister reasons; they do not have any counseling services at this time especially offered to sex offenders, and they do not intend to.  They have asked for the modular buildings to use for their youth ministries and to expand the children’s church.  He will minister to all that he can but they intend to be a positive impact to the area and to continue to basically do the same things there.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved PH#81-05-5, Free Methodist Church of North America; Tracking #92-05-CFD; Ordinance 2005-83; a request to rezone from R-6 (Urban Residential) and revoke Conditional Use Permit (CUP #959A-5) to CFD (Community Facility District) subject to the provisions contained in the Ordinance.

REZONING CASE PH#79-05-2 – KATHLEEN D. PAGAN – TRACKING #93-05-Z – A TO AR

 

            Mr. John Kruse, Senior Planner, Planning and Development Services, presented Rezoning Case PH#79-05-2, Kathleen D. Pagan, Owner; Tracking #93-05-Z; a request to rezone from A (Agriculture District) to AR (Agricultural Residential).  As noted in the backup, the subject parcel is approximately 4.8 acres and located off of Johns Lake Road in the Clermont area; it does lie within the Clermont Joint Planning Area (JPA).  The owner wishes to split the property into two lots through the minor lot split process; AR zoning requires a minimum size of one dwelling unit per two acres.  Staff has reviewed the application and has found it to be consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and recommends approval; the Zoning Board approved it 7-0.  Mr. Kruse stated that the applicant sent an e-mail saying that she had to leave the area for an emergency and would not be present today.

            Commr. Hill opened the public hearing and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#79-05-2, Kathleen D. Pagan, Owner; Tracking #93-05-Z; Ordinance 2005-84; a request to rezone from A (Agriculture District) to AR (Agricultural Residential).

            RECESS & REASSEMBLY

            At 10:10 a.m., Commr. Hill announced that the Board will take a 20 minute recess.  The meeting was reconvened at 10:30 a.m.

REZONING CASE CUP#05/7/1-4 – ROBERT & SHIRLEY GRANTHAM, OWNERS – JIMMY CRAWFORD, APPLICANT – TRACKING #65-05-CUP – CUP FOR CONSTRUCTION & DEMOLITION (D&D) FACILITY

 

            Mr. John Kruse, Senior Planner, Planning and Development Services, presented Rezoning Case CUP#05/7/1-4, Robert and Shirley Grantham, Owners; Jimmy Crawford, Applicant; Tracking #65-05-CUP; to permit a construction and demolition (C&D) facility on an 11 +/- acre parcel located in the Light Zoning (LM) zoning district.  As noted in the backup, the property has previously and is currently being used as a C&D landfill.  The owners are seeking a CUP as a result of an order of a Code Enforcement Special Master decision (Case SM 2004-06-0238).   The owners wanted to expand the height of the landfill to 145’ msl over the original height of 133’ msl.  It was determined in this case that the owners were expanding a nonconforming use, as defined in Section 3.11.00 of the Land Development Regulations (LDRs).  The two options provided under this Special Master case were either to seek a CUP to increase the height of the landfill to 145’ msl, or to remove all fill above 133’ msl.  The owners have received a permit modification from the Department of Environmental Protection (DEP) to expand the height of the landfill not to exceed 45’ NGVD.  Mr. Kruse reviewed information provided in the Summary, as noted, and stated that, since the owners are seeking an increase in height of the landfill and would be expanding a nonconforming use, staff would recommend a 200 foot setback from residentially zoned property and a 50 foot setback from all other property lines to stay consistent with previous approved C&D landfills; however, it appears that the owners will not be able to meet this requirement and therefore, it would not be consistent when compared to other C&D landfills.  Staff is unable to support the applicant’s request for a CUP in LM to increase the height of the existing landfill since it would be an expansion of a nonconforming use without meeting the same requirements imposed on other C&D landfills.  The Zoning Board recommended approval 6-0 for a construction and demolition (C&D) debris landfill, with the suggestion to incorporate the termination dates of December 31, 2009 with a one year reclamation (December 31, 2010) that were part of the 2003 settlement agreement.  Staff is recommending denial of this request.

            Commr. Hanson explained that, back in the early 1990s, when the County eliminated all landfills in the County, this was an existing clay pit that had State permits, not necessarily County permits, and it has been an ongoing issue.  She has been to the site; it is an issue on the northern side where residential folks have nice homes; there is no way to make this go away; but they do need to look at those heights on the northern end.  During the hurricanes last year, they played a significant role in taking the trees that was blown over, but it is C&D, not environmental nor household garbage, but it is right in back of somebody’s backyard.

            Commr. Cadwell disclosed that Mr. Gene Bebber, one of the neighbors called him on this case a week or two ago and, over the years, he has talked to everybody out there about this site.  He pointed out that the rezoning request that they are asking for today was required in the settlement agreement, and he wanted to know if it does anything other than what it states in that settlement agreement.

            Mr. Kruse explained the two options outlined in the special master ruling, as noted above, and stated that it is his understanding that the applicants are currently greater than the 133’ msl.  The City of Mount Dora owns the property to the west which is currently being used for the wastewater treatment plant.  He noted that, if they go higher, it does extend the time to fill it.

            Commr. Hanson disclosed that she spoke to Mrs. Bebber during their break, and the only other person she has talked to during this timeframe has been Mr. Jimmy Crawford.

            Mr. Jimmy Crawford, Attorney with Gray Robinson, addressed the Board and stated that he represents Mr. and Mrs. Grantham.  Mr. Crawford stated that he gave a rather extensive history at the Zoning Board meeting, and he does not want to do that again, because the minutes are in the backup, so he will hit the high points, because there are a few things he needs to get in to the record.

            Mr. Crawford stated that the County issued a vesting letter in 1994 that vested this C& D pit.  The October 6, 1994 letter was signed by Peter F. Wahl, County Manager; in summary it states that “It is legal for the Grantham Pit to accept construction and demolition debris generated outside of Lake County.”  The letter was submitted to the Deputy Clerk and marked and entered as Exhibit A-1 for the Applicant.  Then some of the neighbors appealed the vested rights determination, which resulted in a Settlement Agreement dated February 12, 1996, which is part of the backup.  As noted, it was signed by Joe Woodnick, Bonnie Roof, Bernard J. Yokel, and Frances Yokel.  Mr. Crawford stated that the Settlement Agreement set forth terms and conditions, items a. through i, which he reviewed with the Board.  He stated that they are in compliance with all of those requirements but no where did it say anything about height.  In 2001, they went forward to apply for a height increase to the landfill with DEP; they asked for a permit to go to 162’.  The DEP issued a notice of intent to grant that permit; their neighbors challenged that again and took them through the administrative process with the DEP permit; that resulted in a meeting at the Orlando DEP Office in April 2003.  They attended that meeting along with representatives from the City of Mount Dora; the neighbors and their attorney; an assistant county attorney from Lake County; and Walter Wood from the County Water Resources Department.  They came out of that meeting with a verbal Settlement Agreement at that time, but it was not signed until several months later.  Mr. Crawford noted that the signed copy went into the records at the Zoning Board meeting.  He showed the Board an unsigned copy, which had other terms and restrictions including that the facility will accept no more debris of any type after December 30, 2009; the facility will complete all reclamation requirements on or before June 30, 2010; the peak elevation for the facility, including required cover and vegetation, shall not exceed 145’ NGVD, in accordance with Exhibit “A”; the north portion of the facility will be filled on a priority basis, and such north slope of the facility (to the 140’ level) shall be completed, covered and reclaimed, including required revegetation, on or before December 31, 2006; setbacks for the facility shall be 50’ on the north, 15’ on the west and south, and 10’ on the east.  He noted that the 10’ on the east line was a change from the 1996 County Settlement Agreement, and that was on the Mount Dora side by their sewer plant.  He noted that there is a DEP reclamation bond in place today; the County has a copy of it; and his engineer can testify to that matter.  After that meeting, he wrote the agreement and sent it to all parties and, about a month later, Lake County e-mailed him back and said they did not think they should sign the agreement because they are not a party to the challenge; it is a DEP challenge with the neighbors and them.  They agreed and had discussions about coming back in and modifying that 1996 agreement to take the setback from the 15’ to 10’ on the east side, because that was inconsistent.  The document was submitted to the Deputy Clerk and marked and entered as Exhibit A-2 for the Applicant.  In August 2003, he got a letter from Mr. Gregg Welstead, Deputy County Manager, which said they did not think that they could increase the height, because it is increasing a non-conforming use.  The next year they went through the Code Enforcement process; they had a hearing; and the Code Enforcement Officer agreed with the County’s position and said that they cannot increase the height beyond what was in the DEP permit when they signed it; they either have to take it back down to 133’ or get a CUP; they filed the present application; and they are here today.

            Commr. Hanson asked if they know what the height is on the northern boundary; Mr. Crawford explained that they can just go by an estimate from the engineer; the County had a survey showing about 140’ for the Code Enforcement hearing.  As noted, the Code Enforcement Special Master said to either take it back down to 133’ or get a CUP.

            Mr. Crawford stated that he has talked to the engineers and to Mr. Grantham, and they would agree to not take any more waste after October 1, 2007 and have it closed and completely reclaimed within six months of that date; this will take about two years off of the existing permit.  He understands that, at this point in time, the northern side is finished and pretty much reclaimed and they are working on the south side now.  Mr. Crawford asked Mr. Ted Wicks to address the Board.

            Mr. Ted Wicks stated that he is a registered professional engineer of the State of Florida, and he has designed several C&D landfills.

            Mr. Crawford explained that the staff report basically says that they are recommending denial because they are not complying with two County policies, a 200 foot setback from residentially zoned properties and putting a landfill back to its approximate topographical height.

            In response to Mr. Crawford’s questions, Mr. Wicks stated that he was not aware of these issues being addressed in the LDRs or Comprehensive Plan; generally they deal with those issues through the conditions of the CUP on a specific site by site basis.  Mr. Wicks explained that individual sites are evaluated on their own merits and physical settings.  In his opinion, they are very consistent with those policies and they can go back and look at previous CUPs and vesting and settlement agreements that make this consistent with what they are proposing.  Mr. Wicks stated that he went back through two or three of the projects that they are currently involved in to see how they had been dealt with them.  Mr. Wicks showed the Board Ordinance No. 2001-98, CUP#01/3/2-4, Don Codding, Codding Sand & Soil Inc., which was approved by Lake County in 2001.  He noted that it was also approved for Class 3 materials.  In terms of location, the Codding Sand & Soil Inc. is about half a mile east of them.  Mr. Wicks read the following from Ordinance 2001-98 into the record:

Page 5 – 4.  Setbacks:  Setback areas shall remain undisturbed except for approved access points, vegetation visual buffers or fencing.  The following minimum setbacks shall be provided, unless specifically modified by the Board of County Commissioners:

 

a. All operations shall maintain a setback measured from the beginning point of excavation or filling, or grade change from natural elevation of one hundred (100) feet from any public right-of-way or public or private easement for drainage, wetlands, utility or road purposes; two hundred (200) feet from churches, schools, parks, hospitals, residentially zoned property and properly used for public purposes, and fifty (50) feet from all other property lines.  Where the pit to be filled is within the setbacks shown above, it is permitted to fill those areas back to natural grade in compliance with other provisions of this CUP.

 

            Mr. Wicks stated that, as he had testified during the Zoning Board hearing, the C&D landfills are kind of unique in that they have been able to take old barrow pits and reclaim them using the material.  These materials have been proven to be fairly innocuous in terms of environmental harm, and it gives them a good opportunity to reclaim those barrow pits and put them back into some future better and higher use.  A lot of these older pits were actually excavated almost up to the property line; they pre-dated the mining ordinance; they pre-dated the CUPs and things that the County did while he was with the County to try to bring these into compliance; so they had a lot of them that were excavated to the property line with no setbacks.  In the Codding CUP, there are no other overriding requirements within it that precludes them from actually placing C&D materials beyond the specified setbacks.  He noted that several landfills were pre-existing pits that had excavated right up to their property line, and the Grantham pit was exactly the same case.  Mr. Wicks testified that the CUP with the setbacks that they have in it, and their DEP permit, are consistent with Lake County’s policy.  He submitted Ordinance 2001-98 to the Deputy Clerk, and it was marked and entered as Exhibit A-3 for the Applicant.

            Mr. Wicks explained that a lot of times, with the old pits, they do not have any topographic information to tell them historically what was there, so they can go to the USGS quadrangle maps and get a picture of what was there before the pit was there.  He showed the Board a proposed fill plan for a C & D pit for Robert Grantham, which indicates that, on the very western boundary, they have a contour that shows 140’ above msl and, as you move up slope from there across the Mount Dora wastewater site, the elevation there is 145’ and 150’.  It was obvious that the quad maps are five foot contour intervals so they could deviate 2 ½ feet either way.  As they talk about what they have been allowed to do, basically by policy, as they do these reclaimed barrow pit C & D landfills, they do not necessarily focus so much on the site but focus more along the local topography, which is what they did with the Grantham pit.  If they look east of them to Codding, their elevation is about 150’ msl; as they look west across the Mount Dora wastewater site, there are areas that are about 150’; so it seemed to blend in to the natural topography of the local area.  There was no intent, after they got the DEP permit at 145’, to go beyond 145’.   The Grantham proposed fill plan was submitted to the Deputy Clerk and marked and entered as Exhibit A-4 for the Applicant.

            Mr. Crawford asked Mr. Wicks if it was his testimony that they are consistent with that policy of returning it to its approximate natural grade in the surrounding topography, which Mr. Wicks indicated absolutely.

            Mr. Wicks testified that he is generally familiar with the CUP requirements for C & D landfills in Lake County and that the application before the Board now and the DEP permit are consistent with those requirements.

            Mr. Wicks reviewed the proposed grading plan for final closure of the Grantham landfill noting the location of the 145’ contour, which they felt was consistent with local contours and what the site originally looked like.  He testified that this is the one that is approved in the DEP permit, and in the settlement that they reached at the DEP Office with the neighbors.  The final proposed grading plan was submitted to the Deputy Clerk and marked and entered as Exhibit A-5 for the Applicant.

            Mr. Crawford stated that they were required as part of the DEP settlement agreement to fill the north side on a priority basis, and to be finished by December, 2006.

            Mr. Wicks stated that they are actually ready to do closure on the north side, so it is already close to the 140’; this means to accept no more material in that zone in that particular part of the landfill; to put the clay cap on it; and do the final closure with sod and start the long term care on it.

            Mr. Crawford explained that the 140’ includes the two feet of clay cap and the sod as well; the waste itself will be a little less than 138’.  Mr. Wicks pointed out that there is about two to two and a half feet of final closure elevation that you lose when you close out.

            Mr. Crawford stated that they do understand that their neighbors want them out of there; it is a C & D facility next to a neighborhood; and those are problems that only exist where they have those old original clay pits.  They have not done any new digging there; they are sloping away from them as quickly as possible; they are able to cut more than two years off of their permit height; and they thought they had an agreement with everybody more than two years ago, in April 2003.  He stated that, if the County had a problem with it, in their opinion, that was the time they should have said something about it, but it was five months later that the first letter came from the County saying that they thought they had a problem.  So they have complied and they are here asking for the CUP, and they are willing to give up the additional time.  If they do not get their CUP, as far as options, the law would say that they have to take it back to 133’; they want to finish it as quickly as possible pursuant to permit; reclaim it; and meet all monitoring well requirements, which they have done.  If they do not get a CUP, the most likely scenario is that Mr. Grantham will cap it, lock the gate, and let Code Enforcement proceed from there.

            Commr. Cadwell wanted to know if there is anything in the CUP they are looking at today that was not a part of that last settlement agreement when DEP, the residents, and the Granthams all sat down together.  He also wanted to know if they were strictly down to the height issue.  He stated that, at the end of the day, they want the landfill closed and they want to do it in a way that the residents agreed to.

            Discussion occurred regarding what has taken place up to this point in time, in terms of the Settlement Agreement; the ruling by the Special Master; Mr. Bebber’s testimony at the Zoning Board meeting; and the 1996 Settlement Agreement that reflected nothing about the height.

            Commr. Hanson asked about the bond, and Mr. Wicks stated that the financial security that is in place basically covers closure and long term care; it does not address height in regard that the bond actually says you can go to 145’ or 133’; it is simply more of a rider to the permit that DEP issues.  He explained that height was not an issue except that it figures in the calculation of how much money it takes to close it.

            Commr. Hanson stated that they have already begun closure on the northern boundary, and Mr. Wicks stated that they are about 80% clear and are finishing the fine grading and doing the stormwater, and they plan on closing it in phases.  They can reduce their financial obligation on the closure part of it as they close it and get that certified with both the County and DEP; they can reduce their bonding for closure at that point; and they will want to do that quickly.

            Commr. Hanson stated that, if they maintain the height as being consistent with the elevations around it, she would think that would be desirable.

            Mr. Wicks stated that it is important to realize that, once they get through with it, aesthetically it will not be that high rise that they see in some of the Class 1 landfills and, in this case, they are cross sloping it from west to east so that it is a usable piece of property when they are done with it.  If they go toward the houses, it will be almost back to the natural grade that was there prior to them excavating as best as they can tell.  Around the backyards of Lots 6, 7, 8 and 9, they are trying to grade back to match that natural grade at that point and, once they plant the vegetation, they will not see it.  On the north side, it slopes down the hill across those lots, so you are starting at an elevation of about 125’ to 126’.

            Mr. Crawford suggested the following language:  as of October 1, 2007, they will stop taking waste; within six months after that date, they will be completely reclaimed.

            Commr. Pool wanted to know about the monitoring, and Mr. Wicks stated that there has been no contamination; they do a quarterly analysis; and they are clean.  The old general permits did not require any type of groundwater monitoring and, since the rule has changed, they are in full compliance for the ground monitoring, with the new code.

            Mr. Gregg Welstead, Deputy County Manager/Interim Growth Management Director, addressed the Board and stated that he would like to clarify the issue with the elevation.  At the time the 1996 Settlement Agreement was signed they were required to go in for a DEP permit.  The closure plan associated with that approved permit had the elevation at closure at being 133’ with a two foot cap; anything above that permit that the County was a party to in that original 1996 agreement, is the expansion they are talking about.  As clarification, on that northern boundary, when he went out to the site from Mr. Yokel’s property, he did not realize it was a C & D pit until he got near the top of the hill, so it is very difficult to see it.  At one point in time, they were not providing adequate daily cover and there was wall board back there and, with the rain, it had caused a lot of odors, which was one of the complaints by the neighbors.

            Mr. Crawford clarified that the April, 2003 Settlement Agreement has the elevations in it; the 1996 Agreement does not mention height.  He stated that, in 1996, the DEP approved these by general permits; there was no height requirement.

            Commr. Stivender pointed out that, on Page 10 of the proposed Ordinance, 4. c. under Reclamation Standards, it states that the north slope of the facility will be completed by June 30, 2010.            Mr. Crawford pointed out that the June 30, 2010 date should be June 30, 2006 which is consistent with their DEP permit, and all reclamation will be completed by April 1, 2008.  He also noted that the reclamation on the first phase on the northern boundary could be completed by June 1, 2006.

            Mr. Wicks stated that, based on what they have seen so far, they have enough waste volume that they could certainly do that within that time period.  He would suggest that, if they agree to that, it would be closure with a cap and the sodding, so that they leave some room to tie that into future phases of closure.  He stated that they need to define the north end.

            In their discussion, it was pointed out that this language is already in the CUP, so they just need to change the date from December, 2006 to June 1, 2006 and they would like to have a little bit of time to get DEP to certify that it is actually closed and, if additional time could be granted, it would certainly be useable.

            Mr. Sandy Minkoff, County Attorney, addressed questions from Commr. Hill and explained that, when he first came to work for the County, this was one of the issues that was pending for them, and the original 1996 agreement was one that was done right after he arrived here.  When the department determined to go ahead and begin enforcement because they exceeded the 133’, the argument that they took was that the original agreement was intended to fill the hole back to ground level and ground level was argued to be 133’ and that is what the Code Enforcement Special Master found and that is why they were declared in violation; they exceeded filling the hole up and had gone higher.  He does not believe there is anything in the County’s LDRs or Comprehensive Plan that says a height maximum; they do not even have any general rules from the ground level up.  He did not feel that it really had anything to do with the height as much as it did the time, because the higher you make it, the longer they can operate, so the residents’ position was the lower you kept it, the quicker you would be finished.

            Commr. Cadwell stated that the residents that he talked to over the years wanted the facility closed and the quickest way to close it is with these changes.

            Commr. Stivender clarified the following changes with Mr. Kruse:

            Page 8, 3. a. Operation Standards – April 1, 2008

            Page 10, 4. a. Reclamation Standards – April 1, 2008

            Page 10, 4. c. Reclamation Standards – June 30, 2006

 

            Commr. Hill opened the public hearing and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            Commr. Stivender pointed out another change on the first page of the Ordinance, as follows:  1. the facility will accept no debris of any type after October 1, 2007.

            Commr. Hanson made a motion, which was seconded by Commr. Stivender, to uphold the recommendation of the Zoning Board and approve CUP#05/7/1-4, Robert and Shirley Grantham, Owners; Jimmy Crawford, Applicant; Tracking #65-05-CUP; Ordinance 2005-85; to permit a construction and demolition (C & D) debris landfill, with the following changes: the reclamation would be phased in and the first phase on the northern boundary would be completed by June 1, 2006; that there be no additional debris brought into the landfill after October 1, 2007; and that the reclamation on the entire pit be completed by April 1, 2008.

            Under discussion, Commr. Cadwell wanted to know if Mr. Crawford was confident that his client could adhere to those dates, and Mr. Crawford noted that he could.

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

REZONING CASE SLPA#05/8/1-2 – WOLFGANG DUEREN/LAKE SUSAN LODGE TRUST, OWNERS – JIMMY D. CRAWFORD, GRAY ROBINSON/STEVEN J. RICHEY, P.A., APPLICANTS – TRACKING #77-05-SLPA – TRANSITIONAL TO RIDGE

 

            Mr. Steve Richey, Attorney, addressed the Board and stated that he would like to continue indefinitely Rezoning Case SLPA#05/8/1-2, Wolfgang Dueren/Lake Susan Lodge, Trust, Owners; Jimmy D. Crawford, Gray Robinson/Steven J. Richey, P.A., Applicants; Tracking #77-05-SLPA; a request from transitional to ridge, which will take it off of the agenda.  If they need to come back and revisit that, then they will re-advertise and start that over again.

            Commr. Cadwell disclosed that, during the break, Mr. Richey and Mr. Jeff Richardson, Planning Manager, Planning and Development Services, were having a discussion about this case, and he overheard the discussion; he was not actually talking to them, and he did not understand what they were talking about.

            Mr. Richey stated that the contentious nature of this situation had more to do with the Comprehensive Plan from transition to ridge and rather than deal with that today, he would like to deal with the Planned Unit Development (PUD), and to indefinitely continue that and see if they can resolve it without any kind of Comprehensive Plan amendment.  He explained that, if they do a PUD and there is some issue with the State, and they want a Comprehensive Plan amendment, then they would deal with that at that time by re-advertising and starting over.

            Under discussion, it was clarified that, by postponing they would go through the re-advertising process again and not have to pay the application fee again; if the Board preferred for them to withdraw the case, they could address the fees.

            Commr. Hill called for public comment.  It was noted that it no one wished to address the Board regarding the request for withdrawal.

            No action was taken by the Board.

REZONING CASE PH#72-05-2 – WOLFGANG DUEREN/LAKE SUSAN LODGE TRUST, OWNERS – JIMY D. DRAWFORD, GRAY ROBINSON/STEVEN J. RICHEY, P.A., APPLICANTS – TRACKING #87-05-PUD – R-3 & R-1+CUP TO PUD

 

            Mr. John Kruse, Senior Planner, Planning and Development Services, presented Rezoning Case ph#72-05-2, Wolfgang Dueren/Lake Susan Lodge Trust, Owners; Jimmy D. Crawford, Gray Robinson/Steven J. Richey, P.A., Applicants; Tracking #87-05-PUD; a request to rezone from R-3 & R-1+CUP to PUD (Planned Unit Development) for the development of 21 age restricted town homes with the elimination of the current nonconforming uses, except for the existing restaurant on 6.6 acres.  As noted in the Summary of Analysis, the applicants are requesting this change under the direction of a Special Master’s recommendation (File No. SM-11-01).  The Lake Susan Lodge is a facility that borders the shore of Lake Susan and Lakeshore Drive, south of Clermont.  The subject parcel is located within the Clermont Joint Planning Area (JPA).  The lodge was developed in the 1940’s and has continuously operated since that time as a fish camp with cottages, a marina, a restaurant, and other mixed use facilities.  The applicants have indicated that the lodge currently features 15 cottage units and related accessory uses; staff has only been able to verify 10 cottages with a total of 12 living units.  More detailed information was included in the summary.  Since the lodge was developed prior to current laws and regulations, it exists as a legal nonconforming use; termination of this use would require the owner to comply with the present Land Development Regulations (LDRs) and Comprehensive Plan.  The owner wishes to replace the 15 cottage units with 18 town home/condominium units, and to construct three additional units on Mr. Dueren’s adjacent property, for a total of 21 units on 6.6 acres; and to keep the existing restaurant as part of the overall development plan.  Since the parcel lies in the Transitional future land use category, the density is limited to one dwelling unit per five acres, with an increase to one unit per acre, if the parcel meets the timeliness criteria established in Policy 1A-2.1 of the Comprehensive Plan; therefore, at best, they would be allowed up to six units on the subject parcel if the project meets timeliness assuming the removal of the restaurant; the density calculation would have to be lowered to accommodate the existing restaurant.  A timeliness study should have been conducted because, if the parcel met timeliness, the maximum allowable density would be one unit per acre.  A staff conducted GIS analysis shows that wetlands comprise approximately 1.3 acres of the parcel; about 2.1 acres lie within the 100-year floodplain.  The joint LDRs with the City of Clermont allow no alteration of the 100-year flood plain; therefore, a little over four acres could be used for development.  As noted, a PUD is the only zoning designation that would permit multifamily development; however, the LDRs requires a PUD to be 10 acres in size; the parcel has a gross area of only 6.6 acres; 60% open space is required with a PUD located in the Transitional future land use category or 40% open space in the Ridge future land use category.

            Mr. Kruse explained that the Special Master’s recommendation is only a recommendation and is not binding on the County’s part.  The proposal was summarized as 16 enumerated items; all parties unanimously endorsed at least 13 of the 16 items; items k, l, and m, which essentially proposes to construct 21 age restricted, adult only town home units on the lodge property and Dueren properties, are controversial.  The County and the Department of Community Affairs (DCA) are not against some units being constructed; it is the density that needs to be resolved.  None of the 16 items address a Comprehensive Plan amendment; and staff is opposed to the proposed number of town homes to be constructed and the dwelling type.  He further explained that the Special Master’s recommendation has merit especially in outlining the highest and best use of the subject parcel; however, the development of the property under the current future land use designation of Transitional, with the subject parcel meeting timeliness, appears to be the best use.  This determination is based upon the density of the surrounding single-family residences, the Comprehensive Plan, and the LDRs.  If the parcel was developed at a ratio of one dwelling unit per acre and clustered on the upland portion of the parcel, the density and intensity would be comparable to the existing single-family residences in the immediate area.  If the future land use is changed to Ridge, the density and intensity would be greater than that of the surrounding area; therefore, staff is unable to support the request based upon its incompatibility with the Comprehensive Plan and LDRs.

            Commr. Hill opened up the hearing to the applicant or the applicant’s representative.

            Mr. Steve Richey, Attorney, stated that he is representing the applicant.  At the Zoning Board meeting, they reduced the total number of units that they had requested to 15 town houses, which are adult only and, hopefully, to develop it better than what is there now and that was agreed to by everyone.  Mr. Richey consulted with Darin Gray, with the City of Clermont, and asked why they had not commented on this request, and their response was that what is being proposed would be better than what exists there now and, therefore, they did not comment.  Mr. Richey stated that he has worked on this project for eight years, because he is the one that negotiated the central sewer for the restaurant, and Mr. Jimmy Crawford, Attorney, has been working to resolve the issue with regard to the cabins.    He explained that historically there have been 15 cabins, but they were combined and built together to reduce the number.  Today they are asking for 15 town houses for adults only on the total piece of property, in addition to the CUP property.  They are also asking for approval of a PUD for less than 10 acres and, even though the rules say a PUD must be 10 acres, they are asking the Board to waive the 10 acre requirement in an attempt to do what is better than what exists there today.  He explained what exists there today, which included a restaurant, a boat ramp, a gas facility, 23 boat storage facilities, and 13 motel units.  He noted that, as he looks at the minutes from the Zoning Board meeting, he felt they pretty succinctly set it forth.

            Mr. Jimmy Crawford, Attorney, Gray Robinson, addressed the Board and stated that he is only here because he represented Lake Susan Lodge through this Special Master process, and he wanted to give a brief history of that.  In 2001, Tom Eison and Bob Davis were owners and operators of the facility together with Wolfgang Dueren.  They had complaints about the property as it became more run down, so they developed a plan for 32 town home units; they brought in to County staff; staff liked the idea but, because it is Green Swamp, staff wanted them to file a Special Master petition.  They ran into more problems in the Special Master process; the County did not like their number of units (32); and Rebecca Jetton and the Florida Department of Community Affairs (DCA) did not like it either.  They spent the next two and a half years having three mediation sessions trying to develop a plan that everybody could like and, in the end, they just could not get there, so they had Scott Gerken write his Special Master recommendation.  Mr. Crawford reviewed the Special Master Recommendation, items a – p, in the final proposal from the developer, as follows; and the document was submitted to the Deputy Clerk and marked and entered as Exhibit A-1 for the Applicant:

(a)  Remove all (15 existing, 18 permitted) motel units.

(b)  Removal of permitted package/convenience store.

(c)  Eliminate nonconforming wetland setbacks.

(d)  Eliminate direct stormwater runoff into Outstanding Florida Water (“OFW”)

(e) Treat all stormwater on the lodge property and the Dueren property to Outstanding Florida Water standards.

(f)  Connect all development on the lodge property and the Dueren property to central sewer.

(g)  No removal of protected trees.

(h)  Upgrade to code requirements all nonconforming parking and landscaping

(i)   Close nonconforming driveway entrance.

(j)   Close the permitted boat ramp

(k)  Construct 18 townhome units on the lodge property.  (This number has been reduced to 12)

(l)   Construct 3 townhome units on the Dueren property.

(m) All townhome units will be age-restricted, adult only.

(n)  Entirely landscaped in Florida-friendly, drought resistant landscaping, no turf grass.

(o)  No underground irrigation system.

(p)  Eliminate all paved areas within fifty feet of Lake Susan.

 

            Mr. Crawford explained that the Special Master Recommendation was approved by the County and, even though Mr. Kruse has indicated that it is not binding on the County, it was approved by a 5-0 vote by this Board; and DCA has approved it.  He reviewed a letter from Valier J. Hubbard, AICP, Director, Division of Community Planning, DCA, which modified the Special Master’s Recommendation, as follows, and the document was submitted to the Deputy Clerk and marked and entered as Exhibit A-2 for the Applicant:

“Accordingly, the Department modifies the recommendation to clarify that any proposed development must be consistent with the future land use element requirements in the Lake county Comprehensive Plan for the 100-year flood plain and open space.  If these requirements are met, the Department believes that the recommended density may be appropriate.”

 

            Mr. Crawford stated that they had objections to the land use plan amendment both from staff and others, and they have a letter of objection from Peggy Cox who says that Ridge is not an appropriate land use there.  He explained that Ridge land use requires 40% open space; Transition requires 60%.  He did not think that they could meet the 60% open space requirement, so he thought they had to go to Ridge.  Mr. Greg Beliveau is going to testify that, since they reduced the number of units, they can meet the 60%, so he does not believe that the land use amendment is required and the Board can approve it as a PUD.  He stated that it will go to DCA, if it is approved here, for their decision.

            Mr. Richey explained, if the Board approves it today, and there is an issue with regard to land use, then that issue will be dealt with independently; the Comprehensive Plan is a separate issue, which is why he withdrew it.

            Mr. Greg Beliveau, Land Planning Group (LPG), Mount Dora, addressed the Board and stated that they had been asked to do an analysis on the Lake Susan Lodge, and to look at several components; one is to fit three four-unit buildings and one three-unit building, a total of 15 units, to see if they can comply with the transition land use requirements in the Comprehensive Plan, as well as to do an analysis to verify timeliness on this location.  They performed both tasks and coordinated with Griffey Engineering to look at traffic impacts, which resulted in a lower impact because these are age restricted units.  Mr. Beliveau noted that they developed several exhibits, as shown, of the surrounding areas that are developed and a timeliness analysis, which were presented to the Deputy Clerk and marked and entered as Exhibits A-3 through A-6 for the Applicant.  The area is heavily developed and the densities average around 2 ¾ to 3 units per acre; everything to the west and north is developed subdivisions; the surrounding land uses appeared to show urban expansion and transition; the timeliness analysis shows that they exceed the requirement of 40% developable; there is 179.5 acres of wetlands within the one mile radius; Lake Susan Lodge is five acres; open water bodies are over 1,000 acres within that mile acreage; they have over 546 acres being developed in that area; and they meet timeliness.  He explained that, with 15 units, they can meet 64% open space on the site; they have no 100-year flood impacts; they have no wetland impacts; and it exceeds the transition requirement of 60%.  There were some requirements from some of the abutting property owners that the entry feature be equivalent to what are across the street at Osprey Pointe, and the wall has been included as a requirement.  They have no problem complying with the requirements that were in both the transition, as well as those raised by staff; and the density equates to a little over 2.3. 

            Mr. Crawford noted that Osprey Pointe HOA is here and wants to speak as well.

            Mr. Richey noted that, in this site plan, it has them retrofitting and taking out impervious service that was put there since the 1940s and bringing that into compliance.

            Mr. Beliveau submitted the proposed site plan to the Deputy Clerk, which was marked and entered as Exhibit A-7 for the Applicant.

            Commr. Cadwell wanted to make sure that right now the wastewater is to the restaurant, not to those other units, but that it will be provided to any additions.  Mr. Richey clarified that everything shown on the site plan will be on central water and sewer; they bought capacity for the 32 units that were originally proposed but they are down to 15 units today.

            Commr. Cadwell wanted to make sure that the applicant can engineer the stormwater with the restaurant in this location and Mr. Crawford noted that this is required as a condition of the PUD; if they cannot, they will have to reduce the number of units.

            Commr. Hanson pointed out that the applicant did a good job of clustering.

            Commr. Hill opened the public hearing and called for public comment.

            Mr. Bernie Woody stated that he is on the Board of Directors for the Osprey Pointe Homeowner Association (HOA).  He stated that the Association has been involved with the architectural design and environmental aspects of the modification and upgrading of Lake Susan Lodge, and they wholly support their activities.  They coordinated very well with them on their intentions for the entranceway; they are very sensitive to the water runoff; and they feel that the density is more than compatible with their residents across the street.  Mr. Woody submitted a letter from the Osprey Pointe Community Board of Directors dated September 26, 2005, which was marked and entered as Exhibit A-8 for the Applicant.

            Ms. Peggy Cox, Oak Island Lane, Clermont, stated that they are opposed to the land use amendment but, since that has gone away for awhile; she wanted to ask a few questions about the rezoning.  She is troubled by some of the things but she is also pleased to say that she believes the environmental improvements regarding stormwater and sewer should be taken care of; however, they absolutely could be done under the legal nonconforming use that now exists.  Ms. Cox stated that the County held a special master hearing that involved the owners, attorneys, County staff, and DCA, but no decision had ever been made rejecting or approving a rezoning of that property.  She stated that this was five or six years ago, and this whole process has excluded input in public hearings.

            Mr. Sandy Minkoff, County Attorney, clarified that the property owners came in and made a request of staff to build the units and staff turned them down.  Under the Bert-Harris Act, they claimed that this decision by staff was unfair and burdened their property, which brings in this special master process, which is a two step process.  The first part is a mediation type process and the second involves a recommendation by the special master to the Board of County Commissioners (Board). All of the adjacent property owners are notified and public participation is allowed and encouraged during that process.  In this particular case, as Mr. Crawford indicated, mediation sessions were held and there never was an agreement that could be reached that the staff and DCA felt comfortable agreeing to.  The ultimate recommendation by the special master was that the County did not act unfairly and did not burden this property and that no relief was warranted.  That recommendation was brought back to the Board, and the Board approved it which basically said that they get no relief under this act but it was not exclusionary.  The act requires that all adjacent property owners get notice and are allowed to participate.

            Ms. Cox stated that she thinks this is a fine develop, however, she tends to agree with the staff recommendation that, under transitional and meeting timeliness, the density should be what is allowed in single family homes.  Once you put that density there, as a variance, you are creating a variance to your PUD ordinance and to several other things.  She does not know that four or five single family homes in that area would be a detrimental development and you could certainly achieve the 60% open space and meet all of the other environmental requirements.  In looking at the conceptual drawing, the boatsheds were staying and that is a problem.  She wanted to know if they were going to be restricted only to the people who own the condo town homes or be rented out as part of the commercial restaurant business.  She explained that it would be difficult to have a boat rental/marina without having fuel facilities.  It would be different if it was for the owners of the condominiums which are to be built because they would have to provide parking for people who rent the boatsheds and deal with those environmental issues.  Ms. Cox stated that those are her objections to the rezoning, and she is glad to see that they are staying within the open space requirements of transitional and are correcting the environmental hazards.

            Ms. Nancy H. Fullerton stated that she is speaking for Alliance to Protect Water Resources. She agrees essentially with what Ms. Cox has said and she knows that the Board has read the comments from the Land Planning Agency (LPA) where she stated their concerns. The main one concern was the land use amendment and, since that hopefully has forever gone away it changes how they look at it.  She has made a trade-off list in terms of what the applicant has done, so he has not gone for his land use change; he has kept the density at the current rate of 15.  In regards to the boat ramp, if that is for any type of public use, it should not be allowed; if it stays for the residents, then that is another issue.  She noted that, when this is in front of the Board, then it is the issue of how much they change the Comprehensive Plan, and there is the question of whether they allow the variance of ten acres, or do they allow the nonconforming use density.  Since they are indicating that they meet timeliness, then she would ask why they do not go ahead and do their five or six single family units; she would like to hear them comment on why they are not going that route.  She stated that it is great that they are doing all of the environmental changes, but they would have to be done anyway because it would happen with any change.

            Mr. Eric Schwalbach stated that he lives on the canal and five houses down from the property.  He teaches middle school and he is here today to show the Board pictures that he took this morning of what is currently on the property.  He stated that he disagrees because, after talking to people, he has found out that it has continuously gotten worse and, if he thought it was getting better, then he would not be here today.  Mr. Schwalbach stated that he would like to see them get rid of the gas tank as much as he likes being able to get gas for his boat.  He submitted the 14 pictures to the Deputy Clerk, which were marked and entered as Exhibit A-9 for the Applicant.

            Mr. Crawford explained that currently there are 23 slips that exist there, and they are rented out to everyone in the neighborhood.  They are going to reserve 15 of those, if they get 15 units for the owners, and only eight will be rented out instead of the entire 23.  They are willing to give up the gas that exists there now, even though they felt like it offered a community service and it is in an enviro-safe tank but, if the County feels like it is an environmental detriment, they would remove the gas facilities they have there.

            In regards to the discussion about them using their timeliness density and building four or five units, Mr. Crawford explained that the restaurant/lodge itself is actually built almost entirely in the 100 year flood in the wetlands, and they would never be able to build it today.  The density is calculated on the uplands, so they could actually build the four or five units that they would get using timeliness, not touch the restaurant property at all, not make the environmental improvements, and the project would stay just like it is today.

            Commr. Hill wanted to know if there are any specific regulations to address the fuel consumption and fuel tanks if they do keep the tanks on site, and Mr. Kruse noted that there is an Administrative Code that addresses above ground fuel tanks and two County inspectors would look at that.

            Commr. Pool pointed out that there are currently three locations that sell gas, Cyprus Cove, Lake Susan Lodge, and Lake Minneola.  He had proposed, as the Clermont Mayor, a dry dock facility, and the environmental people fought dry dock storage.

            Mr. Richey reviewed the proposed Ordinance noting the following changes:

Page 2, Land Uses, A. 1. Residential - a. – a total of 15 age-restricted residential town homes

 

Page 2, Land Uses, A. 2. Commercial – a. – The use of the site for commercial use shall be limited to the existing restaurant and boat storage facility.  No expansion of the existing restaurant shall be allowed.

 

            Mr. Richey addressed the language that states there will be no expansion to the restaurant but noted that he was assuming they could upgrade that restaurant to make it nicer but not make it bigger.  They will be upgrading the quality of the place with the town houses, and the restaurant would automatically benefit from an upgrading of it.  They are proposing to do this without expanding the footprint of it.

            Mr. Minkoff explained that the problem with this facility is that part of it is inside and part of it is outside so, if you use footprints, you could enclose the outside area, for example, which would make it a very large restaurant.  He is not suggesting one way or the other but that the Board should put in the ordinance exactly what they mean so, at site plan approval, staff will not read it a different way.

            Discussion occurred regarding language that would be appropriate to clarify that there will be no expansion of the facility.   Mr. Richey proposed an expansion of the existing restaurant to allow additional seats.  He referred to the proposed Ordinance noting the following change

Page 2, A. 2. Commercial – a. – The boat ramp, convenience store, package store and gas shall be removed.

 

Page 3. C. Open Space – Sixty (60) percent shall be provided as open space because they are not changing the land use.

 

            Mr. Crawford stated that Susan’s Landing Homeowners Association is the immediately abutting subdivision to their southwest, and they have a letter of support that he would like to submit into the record.  The letter was submitted to the Deputy Clerk and marked and entered as Exhibit A-10 for the Applicant.

            Commr. Cadwell stated that, with 15 residents living there, and eight rental spaces, to take that gas system out, they may open it up to worse problems and, even though they can approve for them to do that, he does not know if it is going to make it any better.

            Commr. Pool stated that he appreciates the fact that they are willing to take it up but he wondered how they could aesthetically and environmentally and safely provide that service; it is exposed and it is not something that people want to see.

            Mr. Richey explained that they will be taking the ramp out and fixing all of that stormwater and, therefore, alleviating the concern with that gas facility.

            Commr. Cadwell stated that it seems that they just make it harder and harder for folks that do not live on the water to actually enjoy the water.

            Discussion occurred regarding making the area safe and aesthetically pleasing because the residents do not want to look at the gas system.  It was noted that, if they leave it there, then it will have to be landscaped nicely and the applicant asked that this be left up to them at site plan approval.

            Commr. Hill noted that the public hearing had been closed.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#72-05-2, Wolfgang Dueren/Lake Susan Lodge Trust, Owners; Jimmy D. Crawford, Gray Robinson/Steven J. Richey, P.A., Applicants; Tracking #87-05-PUD; Ordinance 2005-86; a request for rezoning from R-3 and R-1+CUP to PUD (Planned Unit Development) for the development of town homes with the elimination of the current nonconforming uses, except for the existing restaurant, as follows: for 15 town homes all adult only (A. Land Uses: 1.a.) dealing with all of the issues brought forward including the stormwater; the boat launch being closed; the 60% open space, the restaurant not being allowed to expand its existing square footage or footprint; but leaving the gas option open and allow the owners to try and make the system aesthetically pleasing and not a detriment to the area.

            Mr. Kruse asked for clarification on the restaurant, and it was clarified that the capacity of the restaurant is currently there, inside and outside dining, and they are not going to expand the existing restaurant beyond its current footprint and no additional seating.

            RECESS & REASSEMBLY

            At 12:20 p.m., Commr. Hill announced that the Board will recess for ten minutes.

REZONING CASE LPA#05/8/1-2 – TOM HARB/LAKE COUNTY GATEWAY, LLC/PLAZA COLLINA/RON MANLEY, VP CANIN ASSOCIATES – TRACKING #10-05-LPA

 

            Mr. Alfredo Massa, Senior Planner, presented Rezoning case LPA#05/8/1-2, Ron Manley, Agent; Tom Harb, Lake County Gateway, LLC, Owner; a request for a Future Land Use Amendment from Urban Expansion (four dwelling units per acre) with an Employment Center and Community Commercial Overlay to Urban Expansion (4/1) with Regional Commercial (132 acres) and Public Resource Lands (10 acres conservation) Overlays.  The property is located on the north side of SR 50 East and West of the Florida Turnpike Interchange.  The total acreage is approximately 142 acres; the existing zoning is planned industrial and planned commercial; it falls in the Clermont Joint Planning Area (JPA).  The future land use amendment application under review is to change the future land use focus from light industrial/manufacturing to a program of commercial development that includes 1,200,000 square feet of “big box” retail, restaurants, shopping, personal services, offices, and business uses.  The Development of Regional Impact (DRI) application which was filled by the owner/developer with the Department of Community Affairs (DCA) and the East Central Florida Regional Planning Council (ECFRPC) also includes up to 200 residential units.  Mr. Massa reviewed the existing land uses in the surrounding area, as noted in the backup.  As further noted, the Clermont JPA Future Land Use Map designation for the site under review is Commercial/Services which is in keeping with the applicant’s request to change the County’s land use designations to Regional Commercial from the current future land use of Employment Center and Community Commercial.  The applicant is also seeking to add the Public resource Lands (conservation) designation to a portion of the site under review (+/- 10 acres) which will help to protect and save a wetland area.  According to the Clermont JPA Future Land Use Map, the overwhelming majority of the lands along the northern and southern borders of the site under review are classified as residential and residential professional mixed use.

            Mr. Massa noted the Review of Applicable Policies, Lake County Comprehensive Plan, and where the applicant was inconsistent and consistent with the Future Land Use Policies, and pointed out that, in terms of Education, the Lake County School Board sent correspondence dated August 8, 2005 that indicated it has the potential to add 200 new single family dwelling units that will contribute 82 new students to the school system, and it will adversely impact schools that are already over or nearly over capacity; in terms of Police Services, the Sheriff’s Office sent a letter dated August 22, 2005 noting that current assets and funding for their office would probably be inadequate to patrol and serve the full capacity of the Plaza Collina property.  In the Staff Conclusion (Page 12 of 12), it was pointed out by Mr. Massa that staff cannot recommend approval of this request for a future land use amendment based primarily on the aforementioned policies of the Lake County Comprehensive Plan currently in effect.  The applicant is urged to continue to work with County staff through the remainder of the Comprehensive Plan rewrite.  He noted that, when he wrote the report, staff had not received official comments from the City of Clermont, or the East Central Florida Regional Planning Council (ECFRPC) but, since then, staff has received a written recommendation from the City of Clermont saying that they did not officially oppose the development; however, the ECFRPC continued their meeting to a later date.  The Local Planning Agency (LPA) voted to approve it by a 4-3 vote.

            Commr. Hanson stated that the Board did have several land plan amendments previously that they postponed until the Comprehensive Plan was completely amended.  She wanted to know if staff’s recommendation would be any different as they move forward with the Comprehensive Plan revisions, and it was clarified that this would be a density issue at this point in time.

            Ms. Cecelia Bonifay stated that she is here today on behalf of the owners and developers of the property.  She noted that Mr. Ron Manley with Canin Associates is here, and there are members of their consulting team here today who have been working on the project through its inception.  Ms. Bonifay noted that, for their edification, she thinks that everyone was provided a transcript from the Land Planning Agency (LPA) meeting held on September 15, 2005.  (The Board Office provided a copy to the Clerk for the backup).  She explained that the underlying land use is the urban expansion; over that they have a community commercial overlay; they also have an employment center overlay; and it also has PD and CP zoning underneath.  In working with County staff, they found it consistent to use existing Comprehensive Plan designations, since they can do a Comprehensive Plan Amendment in conjunction with a DRI and not use one of the County’s twice a year cycles; they are following the provisions that are in the current Comprehensive Plan, which must stay in effect until such time the Board has adopted a new Comprehensive Plan.  Also, in working with the City of Clermont, they have looked at this site and proposed it for commercial retail development given its vantage point along SR 50.  They did take a continuance at the ECFRPC and it will come back to them on October 19, 2005; both Commr. Pool and Commr. Cadwell sit on that Council.  Those recommendations and comments will really be the substance of the DRI development order, as well as what goes into their Planned Unit Development (PUD) zoning.  They will be going to the Zoning Board with that the first Wednesday of October and then back to this Board with all of these issues in December.  Their goal is to get the Comprehensive Plan transmitted at this time while they continue to work on those conditions, which are really the regional and local issues.  They have set up a series of meetings involving the staff from the ECFRPC, County staff, other affected local governments, Orange County, Florida Department of Transportation (FDOT), to work through those because primarily the issues are in the area of transportation.  They continue to do this with a commitment to the ECFRPC that they will have those to them finalized and with new conditions well in advance of their meeting on October 19, 2005.

            Commr. Hill stated that she knows that this is a request to transmit to the Department of Community Affairs (DCA) but routinely, under their DRI rules, they like to have residential included in the DRI.  She wanted to know if, at some point, they will be excluding the residential or does it have to be transmitted with the residential in there.

            Ms. Bonifay explained that they think they should include it, because everything else including transportation was done based on this mix of uses; however, when this comes back either through the development order conditions or through the PUD, they can either put the residential in a later phase, or condition it to say that it cannot go forward unless capacity is available in the school system, but it was really put in there at the urging of County staff as well as the regional planning folks in the surrounding communities to be a truer mix use development.

            Commr. Pool stated that he wants to make sure it is clear that the Board is not supporting the 200 units; they are transmitting it but with the option and opportunity to deny or postpone or condition it. 

            Mr. Minkoff explained that this comprehensive plan change does not affect residential units at all; this is strictly allowing the density or the intensity of the commercial use on the property.  What they are doing today would not increase or decrease residential possibilities on the property.

            Ms. Bonifay clarified that they are really just changing the community commercial overlay and the employment center overlay to a regional commercial center overlay to allow for the additional commercial square footage that they want on the site.

            Commr. Stivender noted that one of the members of the LPA had expressed to her a concern about the scenic byway where it comes in at Old 50 and CR 455, and those are still items that will be addressed when it comes back to the Board.

            Ms. Bonifay explained that it will all come back to the Board at one final hearing for them to consider the Comprehensive Plan amendment, DRI development order, and then the PUD, and that is where they will get into all of the specifics, and they will be having other meetings to work out those conditions.  She pointed out that, in the transcript, even the three people that voted against it (LPA members), both Ms. Nadine Foley and Mr. Michael Carey who was the original mover of the motion supported the project; they just did not feel it was appropriate to get into all the details, so that is why they voted against it.  There was only one person who wanted to get into the details, and the rest of the group wanted to move forward.

            Commr. Cadwell stated that, once this process is over, then they will have the DRI process and the zoning.  In between now and then, there are other developments that this group,  Canin Associates, has done and he asked that someone give him that information so that he can visit them on his own.

            Commr. Hill called for further public comment.  There being none, the public hearing portion of the meeting was closed.

            Commr. Pool stated that he appreciated the City of Clermont taking a position and making the issues clear.  The ECFRPC will be reviewing this and it will all come back to the Board for them to make some good decisions.  He does know that everybody in the South Lake County area currently spends their dollars in Orange County, and he thinks it is important that they try their best to capture the sales tax, the ad valorem tax, the gas tax, and the job opportunities here, and it is all something that they will review in the future.  He appreciates the group giving up the ROW for the trail, which will help complete that segment of it.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to transmit LPA#05/8/1-2, Tracking #10-05-LPA, Ron Manley/Tom Harb, Lake County Gateway, LLC, Agent/Owner; Ron Manley, VP, Canin Associates; Future Land Use Map Amendment from Urban Expansion (4/1) with Employment Center and Community Commercial Overlay to Urban Expansion (4/1) with Regional Commercial (132 acres) and Public Resource Lands (10 acres conservation) Overlays.

            REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT #1

            BEREAVEMENT NOTICE

            Commr. Hill informed the Board that they had received word today that “Mr. Bill” Horan passed away last night, and he is going to be very missed by this County.  He was a very dear friend and their thoughts and prayers are to his family.  She stated that they have lowered the flags to half mast in respect for all his service in this County and the community alike.

            REPORTS – COUNTY ATTORNEY

            CONSERV II DISCUSSION

            Mr. Sandy Minkoff, County Attorney, stated that he would like to schedule the Conserv II discussion for the next Board meeting.

            REPORTS – COUNTY MANAGER

            BOARD CALENDAR

            Ms. Cindy Hall, County Manager, noted that she had handed out a calendar that has some events coming up in the next few months.  A couple of them are on the work sessions that they scheduled for Tuesday.   On page 2, there are some items that she needs some action or direction from the Board.  She stated that the October 18, 2005 meeting is when the Sales Tax Oversight Committee would like to present its report to the joint Board, School Board, and cities for approval.  It was noted that this will be scheduled for 9 a.m.

            By consensus, the Board directed Ms. Cindy Hall, County Manager, to cancel the December 27, 2005 and January 3, 2006 Board meetings, and to schedule rezoning hearings for December 20, 2005.   Board meetings will be held December 6, 13 & 20; and January 10, 17 & 24.

            In regards to a floater day during the holidays, it was pointed out by Ms. Hall that this would be an option of the staff members.

            REPORTS – COMMISSIONER CADWELL – DISTRICT #5

            IMPACT FEE TASK FORCE/LEGISLATIVE CONFERENCE

            Commr. Cadwell reported that the Florida Impact Fee Task Force met in Orlando on Friday.  The homebuilders made a presentation along with the School Board; the League of Cities’ representative had to leave so they were not able to make a presentation.  The Task Force is going to have several more meetings, and they are going to have more public comment at those meetings.  He will get the Board members the dates for the meetings.  He stated that, as the Board members are out talking to residents of the County, they should be letting them know that there is a good chance that they could lose the right to do this in the legislature this year, and they need to start mentioning this to their State representatives.

            Commr. Cadwell informed the Board that next week is the Legislative Conference, in Nassau County, and they will be starting their legislative process, and the work product from the committee that Mr. Minkoff and Commr. Hanson was on will be brought forward at that meeting in front of the policy groups.

            REPORTS – COMMISSIONER POOL – DISTRICT #2

            ROAD PROBLEM/RAGAN’S RUN

            Commr. Pool asked that staff look at the road problem that has been relayed to him by Mr. Dennis Ruby who lives on Ragan’s Run.  He has expressed concern about speeding issues in that neighborhood off of Oswalt Road.  He sent out 34 questionnaires and got back 22 and every one of them felt that a speed bump or some device would help including a stop sign in between those areas.  The Sheriff is doing an adequate job but he just cannot be there every day all the time to enforce these rules.  Mr. Ruby would like a sincere effort by the Board to look at the three-tenths of a mile, which is a dead end road, where there are problems.

            REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT #1

            CONGRATULATIONS/LOCAL FOOD BANKS

            Commr. Hill wanted to extend her congratulations to Commr. Stivender for being a grandmother again and also to thank staff for all of their outpouring help in restocking the local food banks; they did a wonderful job.

            REPORTS – COMMISSIONER HANSON – DISTRICT #4

            WEKIVA COMMITTEE/SEPTIC TANK ISSUE

            Commr. Hanson noted there was a meeting last week of the federal appointed Wekiva Committee, one of which she was unable to attend because their budget hearing was going on that evening, but it was attended by Ms. Blanche Hardy, Director of Environmental Services.  Then there was a meeting last Thursday of the Wekiva Commission, the State committee, where it was noted that the concern was still septic tanks.  There was not a motion made to delay but she thinks that is what is going to happen; there was a significant concern for not having a site specific study on the true impact of nitrates to the Wekiva Springs, and the river.  She has mentioned to Ms. Cindy Hall, County Manager, and Ms. Hardy that they may want to look at doing a study for Lake County, which could be expensive, to determine how those nitrates flow, and if they do flow.  There seems to be other alternatives, if there is a problem, but they do not know if there is a problem in Lake County, because they have such low density in the area but, if there is a problem, then the agencies need to look at other alternatives besides just this tank that could cost $15,000 when you look at replacing the old septic tank drain field and putting in a new one plus the operations of the tank and the high maintenance required of the tanks that they recommended.   She thinks they will be looking at other alternatives; sometimes just replacing drain fields can help resolve the issue.  She asked for this to come back to the Board to evaluate it and determine what their intent would be to accomplish this and what the need is because, if there is not a problem or a need, then requiring their citizens to pay that kind of money could be futile.   Also, if there is a problem in areas of higher density, then perhaps the answer is a sewer system as opposed to replacing septic tanks that are very close together with the different alternative septic tanks.  She thinks that they will determine that the areas around Eustis and Mount Dora actually flow the other way as opposed to the Wekiva.  Either way, if there is a problem, it needs to be addressed.  They have always said from the very beginning on the Wekiva Commission that whatever was recommended would be based on science, and the science right now is coming from Manatee County and Monroe County.  She is hoping for comments on it and noted that there is a time crunch.

            Mr. Sandy Minkoff, County Attorney, stated that the Department of Health rule that had been submitted had been pulled back and they are reworking that rule to look at this whole issue.  Another thing that came out of the meeting was that the Department of Community Affairs (DCA) is going to be preparing model comprehensive planning provisions for the Wekiva that hopefully they will be able to use as they rewrite the plan.  They are trying to make the provisions uniform throughout the entire Wekiva area.

            Commr. Cadwell stated that he does not want the Board to do anything that is going to be perceived that they are trying to hold this up because they have always been a leader in this discussion and, if the science shows the need is there, then he wanted to know if there has been any discussion about some type of financial aid to those affected by this change.

            Commr. Hanson indicated that there was no agreement from the agencies realizing that most of the folks on the Wekiva Commission are agencies; there are three Commissioners, two from Seminole County and herself.  They want to make sure that they meet the maximum level of nitrates in the water.

            Commr. Pool pointed out that, when you do a central sewer plant, they have a monitoring system, and there are existing wells out there, and he wondered if they ever check their own water for nitrates without digging new holes.

            Commr. Hanson stated that they have to look at how the flow occurs from there to the river, or to the springs.  To go forward without that information from a study, they are looking at a significant amount of money to individuals in the County.

            Mr. Minkoff noted that the State Health Department has meetings in November and December where they are hoping to redo the rules; the next Wekiva meeting was set in December, so they should come back together about the same time, but it was pointed out during the discussion that there was no way a study could be done between now and December.  Mr. Minkoff explained that there are about 80,000 impacted septic tanks in the study area; 50,000 of them are in Orange County; 19,000 in Lake County and many of those are near Eustis and Mount Dora or are very low density in the Wekiva.  The greatest impact appears to be in Orange County, in terms of actual numbers of tanks.

            ADDENDUM NO. 1

REPORTS – COMMISSIONER STIVENDER – DISTRICT #3

APPOINTMENTS - MPO/TAC COMMITTEE

BEREAVEMENTS

 

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request to appoint Fred Schneider as the Alternate member on the MPO/TAC Committee.

            Commr. Stivender stated that she talked to “Mr. Bill” Horan’s daughter yesterday before he passed and noted that he was one of a kind.

            DEPARTMENT OF COMMUNITY AFFAIRS/EDUCATION ELEMENT

            Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, reminded the Board that October 10, 2005 is the first meeting where the Department of Community Affairs (DCA) will be giving them an outline of what is expected for the Education Element, at Lake Receptions, 10 a.m. to 12 noon.

            TRANSPORTATION INITIATIVES

            Commr. Pool noted that October 6, 2005, at 10 a.m., is the announcement for the Transportation Initiatives for District Five at the Ocoee City Hall.

            REPORTS – COMMISSIONER HANSON – DISTRICT #4

            WEKIVA COMMITTEE/SEPTIC TANK ISSUE (CONTINUED)

            Commr. Hanson referred back to the previous discussion on septic tanks and noted that the recommendations say “where appropriate” for the requirements for those septic tanks, so the question is how to determine “where appropriate”.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting adjourned at 1:20 p.m.

 

 

 

__________________________

JENNIFER HILL, CHAIRMAN

 

ATTEST:

 

 

 

__________________________

JAMES C. WATKINS, CLERK