A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
APRIL
25, 2006
The Lake County Board of County Commissioners met in regular
session on Tuesday, April 25, 2006, at 9:00 a.m., in the Board of County
Commissioners’ Meeting Room, Lake County Administration Building, Tavares,
Florida. Commissioners present at the meeting were Catherine C. Hanson,
Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool. Commissioner
Welton G. Cadwell, Vice Chairman, was not present. Others present were Sanford
A. “Sandy” Minkoff, County Attorney; Cynthia W. “Cindy” Hall, County Manager;
Wendy Taylor, Executive Office Manager, County Manager’s Office; and Judy
McAuley, Deputy Clerk.
INVOCATION
AND PLEDGE
Mr.
Ken Harley, Lake County Public Transportation Manager, gave the Invocation and
led the Pledge of Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, asked to pull Tab 2 (agreement for network services
with the City of Leesburg) for further research.
Commr.
Hanson noted that Commr. Cadwell is in Tallahassee for an emergency meeting of
the Florida Association of Counties.
COUNTY
MANAGER’S CONSENT AGENDA
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by
a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tab 1,
as follows:
Employee
Services
Request for approval of an offer to
settle Travis Parker's claim for property damage (County vehicle accident on
March 20, 2006), subject to the County Attorney's review and approval.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS
PUBLIC HEARING
PUBLIC
WORKS - MAINTENANCE MAP
Mr. Jim Stivender, Jr., Public Works
Director, presented the request to accept a Maintenance Map for portions of
Lane Park Cutoff Road (Number 3444) located in the Tavares, Florida, area,
Sections 5 and 6, Township 20 South, Range 25 East, Commission District 3.
Commr. Hanson opened the public
hearing. There being no public comment, the public hearing was closed.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board
approved the request to accept a Maintenance Map for portions of Lane Park
Cutoff Road (Number 3444) located in the Tavares, Florida, area, Sections 5 and
6, Township 20 South, Range 25 East, Commission District 3.
PUBLIC HEARINGS
ROAD VACATION PETITION NO. 1069 - EARL DAWDRY
REPRESENTATIVE WICKS CONSULTING -
SOUTH CLERMONT AREA
Mr. Jim Stivender, Jr., Public Works
Director, presented the request for approval of Road Vacation Petition Number
1069 by Earl Drawdy, Representative Wicks Consulting, to vacate platted right
of way in the Plat of Groveland, located in Section 6, Township 23 South, Range
25 East, in the South Clermont area, Commission District 2. Mr. Stivender showed
the site, off County Road 33, on the map and added that staff recommends
approval of the request to vacate.
Commr. Hanson opened the public
hearing.
Mr. Ted Wicks, Wicks Consulting,
stated that he represents the petitioners.
There being no public comment, the
public hearing was closed.
On a motion by Commr. Pool, seconded
by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board
approved Resolution 2006-70 for Road Vacation Petition Number 1069 by Earl
Drawdy, Representative Wicks Consulting, to vacate platted right of way in the
Plat of Groveland, located in Section 6, Township 23 South, Range 25 East, in
the South Clermont area, Commission District 2.
ROAD VACATION PETITION NO. 1076 - BANYAN HOMES
REPRESENTATIVE FRANK GAMMON - CLERMONT
AREA
Mr. Stivender presented the request
for approval of Road Vacation Petition Number 1076 by Banyan Homes,
Representative Frank Gammon, to vacate platted right of way, in the Plat of
Monte Vista Park Farms, in conjunction with the re-plat to be known as
Timberlane, Phase II, located in Section 6, Township 23, Range 26, in the
Clermont area, Commission District 2. Mr. Stivender showed the site, near the
Southern Connector, on the map. Staff recommends approval of the request to
vacate.
Commr. Hanson opened the public
hearing. She noted that Mr. Frank Gammon, representing the petitioner, is
present.
There being no public comment, the
public hearing was closed.
On a motion by Commr. Pool, seconded
by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board
approved Resolution 2006-71 for Road Vacation Petition Number 1076 by Banyan
Homes, Representative Frank Gammon, to vacate platted right of way, in the Plat
of Monte Vista Park Farms, in conjunction with the re-plat to be known as
Timberlane, Phase II, located in Section 6, Township 23, Range 26, in the
Clermont area, Commission District 2.
ROAD VACATION PETITION NO. 1077 -
DALE J. LADD - CLERMONT AREA
Mr. Stivender presented the request
for approval of Road Vacation Petition Number 1077 by Dale J. Ladd, to cease
maintenance and vacate a portion of County maintained Suggs Road (Number 0739)
and to vacate a portion of platted right of way as shown on the Plat of
Groveland Farms, in conjunction with plats to be known as Vista Grande, Phase I
and II, located in Section 13, Township 23 South, Range 25 East, in the
Clermont area, Commission District 2. Mr. Stivender showed the site on the map
and stated that this action will cease maintenance on Suggs Road, a clay road.
Residents of the subdivision will use paved subdivision roads to access County
Road 561. Staff recommends approval of the request to vacate.
Commr. Hanson opened the public
hearing.
Mr. Harry Suggs stated that he is for
the closing of Suggs Road but he asked for clarification regarding title to the
property. He stated that he is not willing to give Lake County title to Suggs
Road. Mr. Sandy Minkoff, County Attorney, clarified that, by operation of law,
once the County vacates it, the County will no longer claim it. It will then go
to whoever originally dedicated it to the County. He stated that the property
will not be conveyed to Mr. Suggs but it is likely he will become the owner of
it. Mr. Stivender added that there is no right of way, it is prescriptive
rights, and Mr. Suggs is the underlying owner.
There being no further public
comment, the public hearing was closed.
On a motion by Commr. Pool, seconded
by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board
approved Resolution 2006-72 for Road Vacation Petition Number 1077 by Dale J.
Ladd, to cease maintenance and vacate a portion of County maintained Suggs Road
(Number 0739) and to vacate a portion of platted right of way as shown on the
Plat of Groveland Farms, in conjunction with plats to be known as Vista Grande,
Phase I and II, located in Section 13, Township 23 South, Range 25 East, in the
Clermont area, Commission District 2.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)
COMMUNITY
SERVICES - SHELTER PLUS CARE PROGRAM
Commr.
Hanson noted that the
Resident Member of the Public Housing Assistance (PHA) Governing Board was
unable to attend today’s meeting.
Mr.
Fletcher Smith, Community Services Director, presented the request for approval of the development and
submission of a Housing and Urban Development Shelter Plus Care Program project
application, and authorization for the Chairman to sign and certify for
submission as a project in the Continuum of Care application. The application
is for eight additional Section 8 housing vouchers and will provide some funds
for the residential shelter in Eustis. Lake County would administer the rental
assistance and LifeStream Behavioral Center would provide supportive services.
Commr. Stivender asked if the
homeless shelter in Groveland/Mascotte can become part of this. Mr. Smith
agreed that it can. He added that they have attended some of the Homeless
Coalition meetings and the County is encouraging them to become members of the
Coalition.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board
approved the request for approval of the development and submission of a Housing and
Urban Development Shelter Plus Care Program project application, and authorized
the Chairman to sign and certify for submission as a project in the Continuum
of Care application.
PUBLIC HEARINGS - REZONINGS - REQUEST
FOR POSTPONEMENTS
REZONING CASE PH#38-06-4 - SORRENTO VILLAGE - JAY E.
FOLK, VP
MCINTOSH & ASSOCIATES - TRACKING NO. 49-06-PUD;
AND
REZONING CASE PH#13-06-4 - SORRENTO HILLS, INC. - JOHN
GRAY, JR.,
MANAGER, EAGLE DUNES - TRACKING NO.
13-06-PUD
Mr. Rick Hartenstein, Senior Planner,
Planning and Development Services, Department of Growth Management, announced
that Attorney Leslie Campione, representing approximately 100 property owners
(Notice of Appearance letter dated April 19, 2006, submitted to the Deputy
Clerk and marked as Exhibit LC-1 for Lake County), has submitted a written
request for postponement (letter dated April 24, 2006, submitted to the Deputy
Clerk and marked as Exhibit LC-2 for Lake County) of Rezoning Case PH#38-06-4,
Sorrento Village, Jay E. Folk, VP, McIntosh & Associates, Tracking No.
49-06-PUD, and Rezoning Case PH#13-06-4, Sorrento Hills, Inc., John Gray, Jr.,
Manager, Eagle Dunes, Tracking No. 13-06-PUD. The request to postpone is being
made because one Commissioner is absent.
Commr. Hanson suggested, if the
request to postpone is approved, that Case PH#38-06-4, Sorrento Village, be
heard on May 16, 2006, and that Case PH#13-06-4, Sorrento Hills, be heard on
May 2, 2006. Commr. Stivender noted a conflict on May 16.
Commr. Hanson opened the public
hearing and called for public comment on the postponement.
Ms.
Leslie Campione, Attorney, stated that she understands that representatives for
the applicant do not oppose a postponement. Mr. Jimmy Crawford, Attorney, Gray
Robinson, agreed that the applicants do not oppose a postponement. Mr. Sandy
Minkoff, County Attorney, suggested that both cases could be scheduled for
Tuesday, May 2, 2006, at 2:00 p.m.
There
being no further public comment, the public hearing, relating to the request
for a postponement, was closed.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 4-0, the Board approved the request for the postponement, until
2:00 p.m., Tuesday, May 2, 2006, of Rezoning Case PH#38-06-4, Sorrento Village, Jay E. Folk, VP,
McIntosh & Associates, Tracking No. 49-06-PUD, and Rezoning Case
PH#13-06-4, Sorrento Hills, Inc., John Gray, Jr., Manager, Eagle Dunes,
Tracking No. 13-06-PUD.
PUBLIC
HEARINGS - REZONING CONSENT AGENDA
Mr. Rick Hartenstein, Senior Planner,
Planning and Development Services, Department of Growth Management,
announced that Consent Agenda Number 9, Case PH#39-06-3, Theo & Diane Carson, Danny Seifried,
Tracking No. 47-06-CP, will be removed from the Consent Agenda and placed on
the regular agenda, in numerical order, because of a request to speak on the
case.
Commr. Hanson stated that Rezoning
Agenda Numbers 1, 5 and 6 on the Consent Agenda. No one in the audience wished
to speak on any of those three cases.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board
upheld the recommendations of the Lake County Zoning Board and approved three
cases on the Rezoning Consent Agenda, as follows:
·
Ordinance
2006-40, CUP#06/4/1-5, Vantaggio Investment Group, Imilsis “Amy” Velazquez,
Tracking No. 41-06-CUP, a request for a Conditional Use Permit (CUP) in the Agriculture
zoning district to allow a 116-foot monopole communications tower inside a
100’x100’ compound within the vacant three-acre parent parcel; and
·
Ordinance
2006-41, PH#44-06-3, Michael Marder, US Highway Twenty-Seven, LLC, Robert
Johnson, Tracking No. 50-06-CP, a request to rezone properties from RM (Mixed
Home Residential) + Conditional Use Permit (CUP) #87/2/5-2 and HM (Heavy
Industrial) to CP (Planned Commercial); and
·
Ordinance
2006-42, PH#45-06-4, David Hurley, Keith and Anne Ryan, Michael and Christian
Mosler, Lake County Customer Service Division of the Department of Growth
Management, Terrie Diesbourg, Tracking No. 44-06-Z, a request to rezone an
11.97-acre parcel, presently zoned PUD and designated Urban Expansion on the
Future Land Use Map, to R-1 (Rural Residential) in order to construct their
single-family residences.
PUBLIC HEARINGS
REZONING CASE PH#43-06-5 - GREEN ACRES LAND
DEVELOPMENT, INC. -
MAX FREI - TRACKING NO 42-06-Z
Mr. Rick Hartenstein, Senior Planner,
Planning and Development Services, Department of Growth Management, presented
Rezoning Case PH#43-06-5, Green Acres Land Development, Inc., Max Frei,
Tracking No. 42-06-Z, a request to rezone the 31.25-acre parcel, from R-1
(Rural Residential) to R-3 (Medium Residential) for the creation of a
single-family residential subdivision. He showed the aerial photograph of the
subject property which is located in the Lady Lake area, southeast of the
intersection of Grays Airport Road and S. Lake Hiawatha Drive. Mr. Hartenstein
read from the Summary of Analysis (included in the backup material). He stated
that staff recommends denial of the request to rezone. The Lake County Zoning
Board recommended denial by a vote of 7-0.
Commr. Hanson opened the public
hearing.
Mr. Max Frei, the applicant,
addressed the Board and requested that this case be withdrawn.
REZONING CASE PH#40-06-2 - DR. GEORGE M. MATHEW -
“ROYAL RIDGE” -
GREG A. BELIVEAU, LPG URBAN & REGIONAL PLANNERS,
INC. -
TRACKING NO. 43-06-PUD
Mr. Rick Hartenstein, Senior Planner,
Planning and Development Services, Department of Growth Management, presented
Rezoning Case PH#40-06-2, Dr. George M. Mathew, “Royal Ridge”, Greg A.
Beliveau, LPG Urban & Regional Planners, Inc., Tracking No. 43-06-PUD, a
request to rezone the 56.68-acre subject parcel, presently zoned Agriculture,
for the creation of a Planned Unit Development (PUD). He showed the aerial
photograph of the subject property which is located in the Groveland area, west
of the intersection of State Road 19 and South O’Brien Road. The Lake County
Zoning Board recommended development scenario three of the four that were
submitted by the applicant. Mr. Hartenstein showed the Conceptual Development
Plan for Royal Ridge, scenario three (submitted to the Deputy Clerk and marked
as Exhibit LC-1 for Lake County) which is the mixed use scenario. He read from
the Summary of Analysis (included in the backup material) which notes that the
third scenario permits up to 44 conventional single-family units, 194
multi-family units and 71,100 square feet of commercial space; and that the
proposed rezoning has the potential to add 98 new students to the severely
overcrowded Lake County school system. Astatula Elementary School, Cecil E. Gray
Middle School and South Lake High School are currently over capacity.
Therefore, staff recommends that the school concurrency language remain in the
ordinance. He stated that the Lake County Zoning Board approved the request by
a vote of 7-0 with the following conditions (1.) The project shall be limited
to the mixed-use option only with 44 single-family units, 194 multifamily
units, and 71,100 square feet of commercial as long as it does not exceed the
500,000 square feet allowed in the region. (2.) The language regarding schools,
as stated on Page 3 of the proposed PUD Ordinance, shall remain.
Mr. Hartenstein stated that the
applicant has suggested “Alternative Language” as follows: “1.&2.a. The
site may be developed in accordance with a mixed-use concept not to exceed 396
dwelling units and/or 71,000 square feet of commercial not to exceed 500,000
square feet allowed in the region.” (“Alternative Language” was presented to
the Deputy Clerk and marked as Exhibit A-1, for the applicant.) He stated that
staff would support that request.
Commr. Hanson opened the public
hearing.
Mr. Steve Richey, Attorney, stated
that he represents the applicant. Mr. Greg Beliveau, AICP, LPG Urban &
Regional Planners, Inc., stated that he represents Dr. Mathew. Mr. Beliveau confirmed
for Mr. Richey that option three is acceptable to his client and that the other
options should be withdrawn from the request. Mr. Beliveau explained that the
“Alternative Language” is to allow them to float the mix of units rather than
trying to fix the numbers. He stated that they do not have a problem with the
500,000 square foot cap and they will adjust the commercial to whatever the
adjoining properties develop. He stated that they are supportive of the school
concurrency language.
Answering a question by Commr.
Stivender, Mr. Beliveau stated that the City of Groveland has agreed to serve
the site with utilities. In response to questions by Commr. Hanson, he stated
that open space on the project is almost 30% and there will be some clustering.
He confirmed that they have received, and will use, information from the St.
Johns River Water Management District on water conservation measures within the
homes as well as Florida Friendly Landscaping. Mr. Richey stated that Groveland
requires moisture sensors wherever they provide utilities and they do not have
a problem incorporating the STAR requirements inside and out. Regarding
retention areas, Mr. Beliveau confirmed that shallow areas that are not wet are
recommended to be used as passive and active recreation space if possible.
Those areas would be included in the open space percentage. Mr. Beliveau stated
that trails were not considered because there were none in the immediate area
but there is a 25-foot buffer along State Road 19 (SR 19). He stated that, if
trails become available, they can be incorporated on the SR 19 frontage which
will eventually be landscaped, almost becoming opaque.
Ms. Julia Valois, a neighboring
property owner, stated that her home is on ten acres. Before moving to the property,
she stated that the Future Land Use indicated that there would be transitional
zones. Her ten acres, with cows, now sits next to town homes and apartments.
Another concern is the lack of services with the schools. She stated that it
seems like a lot of growth for a rural area. In indicating her property on the
maps, she explained that they improved an access, which was a vacated County
road, off O’Brien Road, along the southern border of the subject property. She
expressed concern that new neighbors, in high density homes, may complain about
noise and smell from her chickens and cows.
Mrs. Peroni stated that she owns
property, with a barn, on the east side of Ms. Valois’ property and she plans
to build a home within a year or two. She expressed concern about the
clustering development in that area and all over. She expressed concern that SR
19 will be unsafe because of new developments and existing heavy truck traffic.
Commr. Pool stated that it is only a
matter of time until housing projects are built around the employment centers.
He stated that, with central water and sewer from Groveland, the area will grow
more urban rather than rural.
Addressing citizen concerns, Board
members stated that the buffering will be increased.
Mr. Beliveau stated that this area is
designated Urban on the Future Land Use Map. He stated that they will expand
the buffer from 25 feet to 50 feet on the southern border and will terminate
the southern access, substituting a cul-de-sac. He advised that the City of
Groveland has annexed two parcels to the west and growth is coming. Mr. Richey
confirmed that they signed an annexation agreement with the City for utilities
and annexation may happen when a contiguous parcel is annexed. He stated that
they have asked Groveland to provide access to the charter school as part of
the utility agreement but the wording in the ordinance states that they have to
comply with concurrency. He stated that will have to be worked out with the
School Board. Mr. Richey and Mr. Beliveau confirmed for Commr. Stivender that a
berm, with plantings on top, can be part of the buffer requirement.
Further discussion occurred on
buffering and Mr. Richey and Mr. Beliveau agreed to meet with staff to work out
specifics.
RECESS & REASSEMBLY
At 9:55 a.m., Commr. Hanson announced
a ten minute break.
REZONING CASE PH#40-06-2 (CONTINUED)
Mr. Hartenstein announced that a
resolution has been reached in reference to the landscaping and buffering
requirements for Rezoning Case PH#40-06-2. Suggestions are a Type C landscape planting
buffer with a width of 25 feet along the State Road 19 corridor (within the 25
feet, if a trail system goes that direction, it will be included); a Type C
landscape planting buffer with a width of 50 feet along the south property line
with a 6 foot berm; a Type B landscape planting buffer with a width of 15 feet
along the eastern boundary along the South O’Brien Road area; with a cul-de-sac
at the south boundary with no public roadway access along the south border,
with the option that a lock gate, crash gate or similar system could be used
for emergency access in the future.
There being no further public
comment, the public hearing was closed.
A motion was made by Commr. Pool and seconded
by Commr. Stivender to uphold the recommendation of the Lake County Zoning
Board and approve Ordinance 2006-43, Rezoning Case PH#40-06-2, Dr. George M.
Mathew, “Royal Ridge”, Greg A. Beliveau, LPG Urban & Regional Planners,
Inc., Tracking No. 43-06-PUD, a request to rezone from Agriculture to Planned
Unit Development, with the following conditions as presented by staff:
Regarding open space at 30%, Mr.
Beliveau noted that it grew. Commr. Hanson asked if it can grow a little more
and Commr. Stivender noted that there is a motion and a second.
Commr. Hanson called for a vote on
the motion which carried by a vote of 3-1.
Commr. Hill voted “no.”
REZONING CASE PH#42-06-5 - EMMER DEVELOPMENT
CORPORATION -
LESLIE CAMPIONE, P.A. - TRACKING NO.
51-06-PUD/AMD
Ms. Stacy Allen, Senior Planner, Lake
County Planning and Development Services, presented Rezoning Case PH#42-06-5,
Emmer Development Corporation, Leslie Campione, P.A., Tracking No.
51-06-PUD/AMD, a request to amend (Urico Golf) PUD Ordinance 2004-70 to
recognize a minimum lot size of 9,200 square feet (there will be no change in
land use or density), a side setback of 7.5 feet, and a street side setback of
15 feet. She showed the aerial photograph of the property which is located in
the Lady Lake area, between U.S. Highway 27/441 and the Sumter County boundary
and between County Road 466 and Lake Ella Road, on the east and west sides of
Rolling Acres Road. Staff recommends approval of the request. The Lake County
Zoning Board recommended approval by a vote of 7-0.
Commr. Hanson opened the public
hearing.
Ms. Leslie Campione, P.A.,
representing Emmer Development Corporation (and Lugano LLC, the record owner),
explained that the owner is proposing 80-foot-wide lots. Five lots are 160 feet
wide as they abut the existing subdivision on the east side of the road in
order to keep as many trees as possible. They are negotiating with the Town of
Lady Lake for a water and sewer agreement and anticipate annexation in the
future. She confirmed that the decrease in lot size will have the effect of
increasing the amount of open space. Clubhouse and recreational facilities are
planned for the east and west sides of the project. A certain degree of
clustering will be done and multi-family type homes will be considered. Ms.
Campione showed the Lugano East development plan (a copy was submitted to the
Deputy Clerk and marked as Exhibit A-1, for the Applicant) and explained that
the east side will be the first phase.
Commr. Stivender expressed concern
about adequate buffering beside the agricultural zoning. While the plan is not
ready, Ms. Campione stated that will definitely be kept in mind. She stated
that it makes perfect sense to put the open space along the perimeter and would
be a logical place if a trail system were to be incorporated. That would
provide a buffer between those two land uses. Commr. Stivender stated that, while
growth is coming, she wants to be sure to protect the lifestyles of the current
residents and she wants the additional buffer.
Commr. Hanson asked Ms. Campione if
she a supporter of the clustering concept. Ms. Campione stated that her
personal opinion is that it has its’ place and serves a benefit and has to be
looked at in light of the community as a whole and what is trying to be
achieved. She stated that when clustering is used to create large swaths of
green areas, impacts on surrounding larger tracts can be minimized to a certain
degree. She added that it has to be done in a way that real, usable open space
is created. She opined that every situation has to be looked at on its own.
Commr. Hanson stated that she does
not have a problem with the request to change the lot sizes and Commr. Pool
recognized the effort to preserve trees.
There being no public comment, the
public hearing was closed.
On a motion by Commr. Hill, seconded
by Commr. Pool and carried unanimously, by a vote of 4-0, the Board upheld the
recommendation of staff and the Lake County Zoning Board and approved Ordinance
2006-44, Rezoning Case PH#42-06-5, Emmer Development Corporation, Leslie
Campione, P.A., Tracking No. 51-06-PUD/AMD, to recognize a minimum lot size of
9,200 square feet, a side setback of 7.5 feet, and a street side setback of 15
feet, with the caveat that possibly, during design, additional buffering will
be considered.
REZONING CASE CUP#06/4/2-4 - MARY JANE REYNOLDS -
TRACKING NO. 45-06-CUP
Mr. John Kruse, Senior Planner,
Planning and Development Services, Department of Growth Management, presented
Rezoning Case CUP#06/4/2-4, Mary Jane Reynolds, Tracking No. 45-06-CUP, a
request for a Conditional Use Permit in Agriculture to breed and sell Miniature
Daschunds. He showed the aerial photograph of the 2.06 +/- acre subject
property which is located in the Sorrento area on Thoroughbred Trail near
Shetland Trail. He explained that the owner’s request is to be able to keep up
to ten females and three males on the property along with the litters which
range from two to four puppies. The owner plans to sell the puppies when they
are eight weeks old and this poses the potential for up to 53 dogs on the
property at one time. Mr. Kruse continued reading the Summary of Staff Determination
(included in the backup material) and showed the site plan indicating that
there are two fenced areas for the dogs to occupy. His understanding is that
the dogs will reside in the home at night. The owner indicated that the waste
will be disposed of by using the current septic system. They will have to get
appropriate permits from the Lake County Health Department for this type of
waste disposal. Since the proposed use is allowed in the agriculture zoning
district, staff is able to support the request, however, with the proposed
number of dogs that may be permitted on site, staff would like the owners to
come back before the Board of County Commissioners in three years. The Lake
County Zoning Board recommended approval, by a vote of 6-1, with the following
conditions: (1) Up to seven adult dogs shall be permitted on the site at one
time. The language in the ordinance regarding 53 dogs shall be deleted. (2)
This Conditional Use Permit shall be reviewed six months from today’s date
(October 2006).
Commr. Hanson opened the public
hearing.
Ms. Mary Jane Reynolds, owner, stated
that she would like to keep most of her dogs but she is thinking of getting rid
of a couple of them. Mr. Kruse confirmed that this was not a code enforcement
issue. Ms. Reynolds explained that she has seven adult dogs and four puppies
and that she has advertised to sell the puppies.
Commr. Hanson called for public
comment.
Mr. Scott Taylor, State Road 46,
Sorrento, stated that he owns Miniature Daschunds and that he is part of Daschund
Rescue. He asked the Board to make sure this is not a puppy-mill type operation
as opposed to a breeder of standard that possibly is registered with the AKC
(American Kennel Club). He stated that he would not expect internet sales to be
considered by a good breeder.
Mr. Joe Beach, Thoroughbred Trail,
Sorrento, stated that he lives directly across from the Reynolds and that they
are real good neighbors. He stated that he has a problem with the dogs’ night
time noise, which is increasing, and with smell. His bedroom is about 300 feet
from the kennel.
Ms. Betty Ann Christian stated that
she lives diagonally across from the Reynolds. She stated that she and her
neighbors live on 1.5 and 2.5 acre parcels and their homes are on wells and
septic tanks. She stated that seven adult dogs is a lot of adults for 2.5
acres. She stated that she does not believe a kennel belongs in a neighborhood
where homes are very close to each other. She stated that the dogs are an
annoyance very day and night. If the next review is six months away, the summer
months will be gone and they will have had to live like captured neighbors. She
asked the Board to deny the request because of the closeness of the homes and
the noise at all times.
Ms. Sharon Smith stated that she
lives next door to the Reynolds and that her bedroom window is about 200 feet
from the subject property. She stated that the noise level is rising and the
smell is getting bad. Her main concern is that her two small daughters play in
the yard and a high number of dogs could cause a problem.
Ms. Maren Anderson stated that she
lives catty-cornered to the Reynolds. She stated that she cannot work in her
front yard or go to her gate without hearing the barking. She stated that the
Reynolds’ dogs’ barking causes her dogs to bark. She stated that her main
concern is the cleanliness of a kennel. She confirmed that she has four dogs,
four birds and a horse. She opined that a kennel is not right for this area
because of septic tanks and water problems.
In rebuttal comments, Ms. Reynolds
stated that she has an existing small area in back, with a small chain-link
fence, where she plans to put a concrete floor to keep the dogs at night when
they have puppies or are in heat. She confirmed that she has had several dogs,
some AKC and some CKC (Continental Kennel Club) or both, over a period of time
and that she got a boy dog about four months ago for breeding purposes.
There being no further public
comment, the public hearing was closed.
Commr. Hanson stated that there are
problems in this agriculture-zoned area. She opined that it is too intense and
the property is too small and that it probably is too small for two horses. Big
concerns would be the irritating barking and being so close to neighbors.
A motion was made by Commr. Stivender
and seconded by Commr. Pool to deny the request for Rezoning Case CUP#06/4/2-4,
Mary Jane Reynolds, Tracking No. 45-06-CUP, per comments made by the Board and
staff.
Under discussion, Commr. Pool noted
that an acceptable number of dogs is the key in this case. He agreed that it is
in close proximity to neighbors who would be impacted by any operation. If this
request is not approved, the allowance would be dropped down to four dogs, per
Lake County’s ordinance. Regarding time for compliance, Mr. Sandy Minkoff,
County Attorney, explained that Code Enforcement typically will give folks some
time to get into compliance. He clarified that residents are allowed to have
four dogs but not a commercial business.
Commr. Hanson called for a vote on
the motion which carried unanimously, by a vote of 4-0, whereby the Board overturned the recommendation of the Lake
County Zoning Board and denied the request for Rezoning Case
CUP#06/4/2-4, Mary Jane Reynolds, Tracking No. 45-06-CUP, a request for a
Conditional Use Permit in Agriculture to breed and sell Miniature Daschunds.
REZONING CASE PH#24-06-3 - JIM LYDEN AND DON NICHOLSON
-
CRAIG J. KOSUTA - TRACKING NO.
26-06-Z
Mr. John Kruse, Senior Planner, Planning
and Development Services, Department of Growth Management, presented Rezoning
Case PH#24-06-3, Jim Lyden and Don Nicholson, Craig J. Kosuta, Tracking No.
26-06-Z, a request to rezone from “A” (Agriculture) to “C-2” (Community
Commercial) to allow for commercial uses to support the market conditions in
the area. He showed the aerial photograph of the 10.5 +/- acre subject property
which is located between the City of Leesburg and Florida’s Turnpike
interchange off U.S. Highway 27. He read from the Summary Analysis (included in
the backup material) noting that the requested C-2 zoning and the intensity are
not compatible with the Neighborhood Activity Center designation overlay. Staff
finds that the request to rezone is inconsistent with the policies of the Lake
County Comprehensive Plan and the Land Development Regulations and recommends
denial of the request. The Lake County Zoning Board voted 6-0 for approval.
Mr. Kruse showed an aerial photograph
(submitted to the Deputy Clerk and marked as Exhibit LC-1 for Lake County) of
the Small Area Study of 1,715 acres (658 acres in the floodplain or wetlands)
for the Golden Fleece PUD, done in 2002, and which has come in for an
amendment. Staff suggested the Small Area Study to get a plan in place since there
is so much vacant land near the Turnpike interchange. Regarding the City of
Leesburg, Mr. Kruse confirmed that their verbal concern is that this is the
gateway to their City.
Commr. Stivender stated that, when
this was discussed the last time, she made it clear that this area had been
designated for this. She stated that we had talked about going to CP so that we
could take out the things that we did not want because it is going to end up
commercial. She asked if the applicant came back with a laundry list of things.
Mr. Kruse advised that he has not received anything from the applicant but he
has a meeting with him tomorrow. He noted that the applicant and the owners are
not present.
Commr. Hanson asked if this would be
the proper boundary for a sector study. Commr. Stivender stated that is what
she wants to talk to the applicant about today. Mr. Kruse confirmed that this
is a proposed boundary and that section lines were used to draw the lines.
Commr. Hanson stated that she strongly believes that a sector study should be
done, working with the City of Leesburg.
Commr. Stivender stated that she
wants to postpone the request.
Commr. Hanson opened the public
hearing. The applicant was not present. There being no one who wished to speak
for or against the request, the public hearing was closed.
A motion was made by Commr.
Stivender, and seconded by Commr. Pool, to postpone Rezoning Case PH#24-06-3,
Jim Lyden and Don Nicholson, Craig J. Kosuta, Tracking No. 26-06-Z, a request
to rezone from “A” (Agriculture) to “C-2” (Community Commercial) to allow for
commercial uses to support the market conditions in the area, for 30 days so
that she can meet with staff and come up with a plan.
Under discussion, Commr. Hanson asked
if the board would want to deny the request in order to move forward with the
sector study. Commr. Stivender stated that she thinks we could do that anyway
and she does not want to cost the applicant more money to come back in and do
an amendment because this is more of a CP-type thing.
Regarding the sector study, Mr. Kruse
advised that the Golden Fleece study might be brought to the Board in July.
Commr. Pool opined that staff
recognizes the potential and that something is going to happen at this major
interchange. How it is designed and developed is important. He suggested that
perhaps 60 days would be more appropriate.
Commr. Stivender amended her motion
to postpone the case until July 2006 and Commr. Pool amended his second.
Mr. T. K. Carson addressed the Board
and stated that his rezoning request (PH#39-06-3) is next on the agenda. He
showed his property on the aerial photograph.
Commr. Stivender noted that Mr.
Carson’s request is for CP and asked how that relates to putting CP on the
other side. Mr. Kruse remarked that could be addressed in the results of the
Small Area Study. He added that, although approximately 800,000 square feet of
employment centers are available in the Golden Fleece PUD to the west, nothing
has materialized on the other side. He explained that the Study boundary could
be moved up and not include Mr. Carson’s property. Commr. Hanson stated that
Mr. Carson’s property could be included in the sector study.
Commr. Stivender asked how that is
different from the current case being changed to CP. Mr. Kruse replied that there
is nothing out there now and the decision is up to the Board.
Ms. Carol Sticklin, Growth Management
Director, stated that the subject site in the current public hearing
(PH#24-06-3) is adjacent to another pending petition and across the street from
a third one, Golden Fleece. Because of the proximity of the other two cases,
and the direct roadway frontage on U.S. Highway 27 (US 27), staff felt it was
much more critical to take a closer look at the CP rezoning. Mr. Carson’s
property is well away from US 27 and is somewhat isolated and they did not see
the critical issue in terms of its use as is seen on the northern pieces.
Commr. Hanson reopened the public
hearing on the motion to postpone.
Mr. Egor Emery stated that it is
clear that the applicant is speculating because they are not present to ask for
a postponement. He asked the Board to take a look at this parcel. He stated
that the Board has a staff recommendation and he asked the Board to vote on the
request.
Commr. Stivender stated that staff
made one recommendation but the Lake County Zoning Board approved it at C-2.
There being no further public
comment, the public hearing was closed.
Commr. Hanson called for a vote on
the motion, which carried unanimously, by a vote of 4-0, to postpone, until July
2006, Rezoning Case PH#24-06-3, Jim Lyden and Don Nicholson, Craig J. Kosuta,
Tracking No. 26-06-Z, a request to rezone from “A” (Agriculture) to “C-2”
(Community Commercial) to allow for commercial uses to support the market
conditions in the area.
REZONING CASE PH#39-06-3 - THEO AND DIANE CARSON -
DANNY SEIFRIED
TRACKING NO. 47-06-CP
Mr. Rick Hartenstein, Senior Planner,
Planning and Development Services, Department of Growth Management, presented
Rezoning Case PH#39-06-3, Theo and Diane Carson, Danny Seifried, Tracking No.
47-06-CP, a request to rezone 62 +/- acres from A (Agriculture) to CP (Planned
Commercial) to allow a Recreation, Commercial use, specifically, a private golf
academy. He showed the aerial photograph of the subject property which is located
in the south Leesburg area, south and east of the northern Turnpike
interchange, off U.S. Highway 27 on Blue Cedar Road, and showed the photograph
of Teamcason Golf Academy. Mr. Hartenstein read from the Summary of Analysis
(photographs and Summary are included in the backup material), noting that the
maximum number of students will be limited to twenty. There will be a landscape
buffer and safety netting along the northern boundary of the project, adjacent
to the Turnpike. Even though this area has the potential of being a regional
center, the underlying land use is Suburban without the designation of the
regional center, and staff recommends that total commercial square footage be
limited to a maximum of 5,000. Mr. Hartenstein stated that the applicant does
not have a problem with that limit at this time. Staff recommends approval. The
Lake County Zoning Board recommended approval by a vote of 7-0.
In response to questions by Board
members, Mr. Hartenstein clarified that the golf academy is not open to the
public but it will follow the County’s applicable golf course ordinance
provisions, such as landscaping and water conservation. He stated that he is
not aware of any comments from the City of Leesburg regarding the request. He
confirmed that, if this property were to be sold, new owners would have to come
to this Board for approval of another CP use.
Commr. Hanson opened the public
hearing and noted that the applicant was present. There being no public
comment, the public hearing was closed.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 4-0, noting
staff’s recommendation that this is different than the other case (Rezoning
Case PH#24-06-3), the Board upheld the recommendation of the Lake County Zoning
Board and approved Ordinance 2006-45, Rezoning Case PH#39-06-3, Theo and Diane
Carson, Danny Seifried, Tracking No. 47-06-CP, a request to rezone 62 +/- acres
from A (Agriculture) to CP (Planned Commercial) to allow a Recreation,
Commercial use, specifically, a private golf academy.
OTHER BUSINESS
APPOINTMENTS - COMPREHENSIVE HEALTH
CARE COMMITTEE
On a motion by Commr. Hill, seconded
by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board
reappointed Cynthia B. Nash to the Comprehensive Health Care Committee, as
Lake-Sumter Medical Society's alternate member representative, and
appointed Shelley C. Glover, M.D., as Lake-Sumter Medical Society’s member
representative, for terms beginning May 1, 2006, and ending April 30, 2007.
REPORTS - COUNTY ATTORNEY
COUNTY HEALTH DEPARTMENT SPACE LEASE
-MOUNT DORA
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board
approved the First Amendment to Lease Agreement between Lake County and
Delaporte Properties for County Health Department space at 17580 Highway 441,
Mount Dora, Florida, for approximately 5,000 square feet at $15.74 per square
foot on a two-year lease with two additional one-year options.
COUNTY HEALTH DEPARTMENT SPACE LEASE
- CLERMONT
Commr. Pool announced, for the
record, that he will abstain from the vote on the approval of the Lease
Agreement between Lake County and the Louis J. Formato Trust for County Health
Department space in Clermont, Florida, because his brother bought a restaurant
from Mr. Formato. (Form 8B Memorandum of Voting Conflict for County, Municipal,
and Other Local Public Officers was submitted by Commr. Pool and is included in
the backup material.)
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried, by a 3-0 vote, the Board approved the
Lease Agreement between Lake County and the Louis J. Formato Trust for County
Health Department space at 835 7th Street, Building B, Suites 3 and 4,
Clermont, Florida, for approximately 2,200 square feet at $17.46 per square
foot on a one-year lease with a one-year renewal.
Commr. Pool abstained from the vote.
MONTVERDE ACADEMY - INDUSTRIAL
DEVELOPMENT REVENUE BONDS
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board
approved Resolution 2006-73 (as reviewed by bond counsel) regarding the
issuance, not to exceed $2,500,000, of Industrial Development Revenue Bonds by
Florida Development Finance Corporation, on behalf of Montverde Academy, to
allow a 28,000 square foot expansion at the school.
REPORTS - COMMISSIONER HILL -
DISTRICT #1
PROCLAMATION - CRIME VICTIMS’ RIGHTS
WEEK
On a motion by Commr. Hill, seconded
by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved
Proclamation 2006-69 declaring April 23 through 29, 2006, as Crime Victims'
Rights Week.
CENTRAL FLORIDA MPO ALLIANCE
Commr. Hill reported that she
attended the Central Florida MPO Alliance (CFMPOA) meeting Friday, April 21,
2006. She will provide information from that meeting.
REPORTS
- COMMISSIONER POOL - DISTRICT #2
CENTRAL FLORIDA MPO ALLIANCE
Commr. Pool reported that he also
attended the CFMPOA meeting April 21, 2006.
EAST CENTRAL FLORIDA REGIONAL
PLANNING COUNCIL
Commr. Pool reported on the two-day
East Central Florida Regional Planning Council’s regional strategic summit at
Stetson University-Celebration on April 18-19, 2006. The intense summit
included speakers from Atlanta, Georgia, and Washington, D.C. He noted that, of
the member counties on the Council, Lake County will have the lowest population
in the year 2030 according to the BEBR (Bureau of Economic and Business
Research) report. According to the report, Lake County will have 200,000 new
residents in the next 25 years while Orange County will have 600,000 new
residents.
REPORTS - COMMISSIONER STIVENDER -
DISTRICT #3
MOCK CRASHES
Commr. Stivender reported that she is
on the Lake County Safe Climate Coalition which is conducting mock crashes at
schools prior to proms to assist the students in not drinking and driving. She
has requested that staff prepare posters for the upcoming educational events
which will be held on Friday, April 28, 2006, in Leesburg; and May 12, 2006, at
Tavares High School.
WORLD’S LARGEST BABY SHOWER
Commr. Stivender announced that she
and Ms. Kyleen Fischer, Lake County School Board, will handle a booth at the
World’s Largest Baby Shower tonight at 5:30 p.m. at Lake Receptions in Mount
Dora, Florida. Commr. Hanson will be present to welcome attendees.
LAKE COUNTY BOATING AND WATERWAYS
WEEK
Commr. Stivender announced that the
Lake County Boating and Waterways Week begins tomorrow at Wooten Park in
Tavares, Florida, at 9:00 a.m.
REPORTS - COMMISSIONER HANSON -
CHAIRMAN & DISTRICT #4
PANDEMIC FLU SYMPOSIUM
Commr. Hanson announced that the
pandemic flu symposium at Lake-Sumter Community College on April 21, 2006, was
well attended by elected officials, the school system and members of the
public. She expressed appreciation to the Health Department, the EMS and other
County staff for helping organize the event.
SECTOR STUDIES - POLICIES
Commr. Hanson stated that policies
for sector studies need to be developed and areas should be looked at from the
bigger picture. She stated that there should be some consistency, recognizing
that each sector study will be unique. She advised the Board that she has asked
the County Manager to contact Mr. Bruce McClendon, Director, Planning &
Growth Management, Hillsborough County, regarding sector studies.
CONSERVATION EASEMENTS - POLICY
Commr. Hanson suggested that the
policy on conservation easements should be expanded. She noted that the LPA
(Lake County Local Planning Agency) has been discussing the issue. She stated
that we need some definition in place relatively quickly without stepping on
the toes of the LPA. She stated that one size will not fit all and there may be
several different methods that can be used.
PROCLAMATION - LAW ENFORCEMENT MONTH
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board
approved Proclamation 2006-74 declaring the month of May 2006 as Law
Enforcement Month.
LAW DAY
Commr. Hanson reminded the Board that
Law Day is Tuesday, May 2, 2006, at noon.
REPORTS - COMMISSIONER STIVENDER -
DISTRICT #3 (CONTINUED)
MAY BOARD MEETINGS
Commr. Stivender suggested cancelling
the May 9, 2006, meeting because of the Board’s busy calendar for May. Per
Commr. Hanson’s request, Ms. Hall will reschedule the Parks & Trails
presentation for the regular meeting on May 16, or the Budget Retreat on May
19, so that the May 9 meeting can be cancelled.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 11:15 a.m.
__________________________________
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK