A REGULAR MEETING OF THE BOARD
OF
NOVEMBER 25, 2008
The Lake County Board of
INVOCATION AND PLEDGE OF
ALLEGIANCE
Mr.
Sandy Minkoff,
INTRODUCTION
Commr. Stewart introduced Ms.
Chai Karve, an independent real estate broker in Lake County, noting that Ms.
Karve was shadowing her for Leadership Lake County.
AGENDA UPDATE
The County Manager announced
that there was an Addendum No. 1 to the Agenda, containing a request to award
the Industrial Real Estate Broker RFP to CB Richard Ellis, Inc.; and the County
Attorney pulled Tab 25, under his Reports, a request for approval of a
Commercial Lease with Option to Purchase, for property located at 2900 Kurt
Street, in Eustis, for Fleet Management, to be brought back to the Board for
approval at a later date.
Commr. Cadwell informed the
Board that he had a couple of items to place on the Agenda, under his Reports,
that would require Board action.
On a motion by Commr. Stewart,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved
to place said items on the Agenda.
Mr. Minkoff reminded the Board
about a Closed Session, scheduled for 11:00 a.m. this date.
On a motion by Commr. Hill,
seconded by Commr. Conner and carried unanimously, by a 5-0 vote, the Board
approved the County Manager’s Consent Agenda, as follows:
Budget
Request for approval of the following:
Budget Transfer - County
Transportation Trust Fund, Department of Public Works. Transfer $4,156 from Reserve for Operations
to Roads -
Resolution
No. 2008-193, to amend the General Fund, in order to receive
unanticipated revenue for Fiscal Year 2008/09, in the amount of $30,000,
deposited into LAP Projects; and to provide appropriations for the disbursement
for LAP Projects, to be used in the design of the Mt.
Community Services
Request for approval and authorization for the Chairman of the Board of County Commissioners to sign the LCC-43 Policy name change.
Conservation and Compliance
Request for approval of Satisfaction and Release of Fine - Property Owner: Daniel T. Gooden, Linda A. Gooden, Vincenza Leonardo, Michael C. Leonardo, and Cathy Leonardo, Case No. 2007090294 - Commission District 3.
Request for approval of Satisfaction and Release of Fine - Property Owner: William A. Ziegler, Trustee, Case No. 2006040347 - Commission District 3.
Employee Services
Request for approval of new Sexual Misconduct and updated Harassment (Including Sexual Harassment) Policies.
Environmental Utilities
Request for approval of Addendum to Petroleum Cleanup Participation Program (PCPP) Agreement with the State of Florida, which provides for an increase in the amount of the State funding cap to Lake County from $300,000 to $400,000, per Chapter 2008-153, Laws of Florida - Commission District 3.
Procurement Services
Request that the Board (1) declare items on submitted list(s) surplus to County needs; (2) authorize the removal of all items on submitted lists from the County’s official fixed asset inventory system records; and (3) authorize the Procurement Services Director or designee to sign vehicle titles.
Request that the Board approve a single source determination with Honeywell International, Inc., to provide annual services and/or repairs, including parts for the County HVAC system.
Public Works
Request for approval and signature on
Resolution No. 2008-194, authorizing a reduction in the speed limit on Greater
Pines Boulevard (1253), from
Request for authorization to release a maintenance bond, in the amount of $29,754.91, posted for Harbor Pines. Harbor Pines consists of 42 lots and is located in Section 21, Township 19 South, Range 27 East - Commission District 4.
Request for authorization to amend the Developer's Agreement between Lake County and Ginn-Pine Island GP, LLC, to extend the term by one year. Bella Collina North Entrance consists of 0 lots and is located in Section 11, Township 22 South, Range 26 East - Commission District 2.
ADDENDUM NO. 1
Procurement
Request for authorization to award RFP 08-0257, Industrial Real Estate
Broker, to CB Richard Ellis, Inc. (CBRE).
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Renick,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the
Request for approval of Perpetual Utility Easement to SECO for Buckhill Communications Tower Site, located at southwest corner of CR455 and South Buckhill Road; and authorization for Chairman to execute necessary easement document - Commission District 3.
Request for approval to advertise Ordinance pertaining to Standards for
Vertical Control Surveying.
Request for approval of Lease Agreement between Lake County and Etheredge Limited Partnership for Health Department Lease Space; approval of Interlocal Agreement between Lake County and Lake County Health Department for Reimbursement to Lake County for Health Department Lease Space; and approval of Resolution No. 2008-195, to receive unanticipated revenue - Commission District 1.
PRESENTATIONS
NEIGHBORHOOD STABILIZATION PROGRAM APPLICATION
Mr. Bill Gearing, Community
Enhancement Coordinator, Department of Community Services, addressed the Board
and presented an update on what staff hopes are the final changes to the
County’s Neighborhood Stabilization Program, which was established as part of
the Housing and Economic Recovery Act (HERA) of 2008, under the Department of
Housing and Urban Development (HUD), so that the application for the program
can be presented to HUD on or before December 1, 2008. Nationally, $3.9 billion was allocated for
this program, based on the number/percent of foreclosures, sub-prime mortgages
and mortgage defaults, and delinquencies.
As a Community Development Block Grant (CDBG) entitlement community,
Suggested Strategies
· Work with lending institutions on financing mechanisms to assist homebuyers in making mortgages affordable and to rehabilitate foreclosed homes.
· Work with non-profits, such as Habitat for Humanity, to purchase and rehabilitate foreclosed homes.
· Work with non-profits, such as LifeStream, to create permanent supportive housing.
Top Priority Foreclosed Property Targets
Altoona (1)
Astatula (1)
Clermont (21)
Dona Vista (1)
Eustis (28)
Fruitland Park (2)
Grand Island (2)
Groveland (11)
Howey in the Hills (3)
Leesburg (28)
Mascotte (7)
Paisley (1)
Umatilla (7)
Housing Units to be Provided
Activity Income Level #Units Avg. Cost Total
Single Family Low 8 $120,000 $ 600,000
Single Family Moderate 11 $100,000 $1,100,000
Single Family Middle 6 $100,000 $ 600,000
Community
Residence with
Supportive
Services Low 3 $ 75,000 $ 523,000
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously, by a 5-0 vote, the Board approved the Neighborhood Stabilization Program and strategy, as outlined, with the program’s application to be submitted to HUD, prior to December 1, 2008.
2009 LEGISLATIVE POSITIONS
Ms. Cindy Hall, County Manager, reviewed the Legislative Positions that staff identified for presentation to the County’s legislative delegation in December, as well as one additional position for consideration, requesting their support of same, as follows:
Social Services
Fund
Fund Eligible State Construction Match for Cooper Memorial Library Joint Use Library with LSCC and UCF
Finance and Taxation
Oppose Any Cost Shift of State Programs to Counties
Support Property Tax Reform that is Fair and Balanced
Request Improved Funding Structure and Pre-Audit Process for the Function of Juvenile Detention Services
Transportation
Request for Funding for New Mobility Center for Lake County Public Transportation
Funding for the Transportation Disadvantaged Program
Ensure that State Agencies Adhere to Chapter 427.0135 under the Transportation Disadvantaged Program
Support Funding for Medicaid Non-Emergency Transportation Program
Support Funding for
Support Funding for
Support Funding for
Support Funding for CR 47/470
Establish Dedicated Funding Source for the Construction of Trails
Environmental
Request Changes to Water Resource Legislation Prohibiting Irrigation Wells Where Other Public Water Supply is Available
Additional Legislative Position
Request or Support Statutory Changes to Require Water Management Districts to Allow Implementation of More Stringent Water Conservation
Restrictions
Commr. Conner interjected that, in the future, if the Board is going to be asked to vote on a particular issue, he would appreciate them receiving information regarding the matter prior to the meeting.
Regarding Legislative Position No. 18, Changes to Water Resources Legislation, which is requesting support for statutory changes to prohibit installation of irrigation wells where other public supply or reuse/reclaimed water sources are available, Commr. Renick questioned whether the Board would want to ask the Legislature to enact legislation that would permit local governments within the Central Florida coordination area to ban water bottling.
Commr. Cadwell suggested that Commr. Renick work with Mr. Gregg Welstead, Conservation and Compliance Director, or Mr. Sandy Minkoff, County Attorney, and bring language regarding that legislative position back to the Board at the December 2, 2008 Board Meeting, for action.
Commr. Renick pointed out an error pertaining to the project location for Legislative Position No. 15, the Lakeshore Drive Bridge Replacement Project, noting that Lakeshore Drive is located in south Lake County and does not involve Picciola Road, as indicated in the backup for that Position. She noted that, apparently, staff repeated the project location from Legislative Position No. 14, which does involve Picciola Road.
Commr. Conner commended staff for a job well done, with regard to the Legislative Positions, at which time he discussed Legislative Position No.18 and the issue of low water users having to pay a high minimum fee. He suggested that the municipalities look into devising a fee structure that would reward low water users.
Commr. Renick commented that there are a number of cities that do and that it is something the Water Alliance will be working on, as well as the issue of private unmetered wells.
At this time, Commr. Cadwell distributed to the Board the legislative packet that was approved by the Florida Association of Counties (FAC) at their last legislative conference, for their perusal, to be added to the Agenda for approval at the December 2, 2008 Board Meeting. Commr. Stewart stated that, with regard to Legislative Position No. 6, she was a little concerned about the Save Our Homes amendment, noting that the Save Our Homes legislation was voted on by a vast majority of Floridians and she would hate for this County to look like it is going to support anything that would undermine said legislation. She feels, until something changes regarding the matter, the Board needs to support the citizens’ choice.
Ms. Cindy Hall, County Manager, interjected that the second sentence, in the paragraph under POSITION, which starts with the word “Further”, could be deleted, as well as the second sentence under BACKGROUND/JUSTIFICATION, which starts with the word “Inequities”.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved the 2009 Legislative Positions presented this date, as amended, deleting language pertaining to the Save Our Homes amendment, as indicated, under Position No. 6, Support Property Tax Reform that is Fair and Balanced; with Legislative Position No. 19, Request or Support Statutory Changes to Require Water Management Districts to Allow Implementation of More Stringent Water Conservation Restrictions, to be voted on at the December 2, 2008 Board Meeting.
GOLF CART PARKING AREA AT
Mr. John Drury, City Administrator, City of Tavares, addressed the Board and requested approval for the creation of a temporary small pocket parking area, for up to three (3) golf carts, to be located at the Lake County Judicial Center, in Tavares, for the purpose of allowing local attorneys and other individuals to leave their vehicles at their offices and drive golf carts back and forth to the Judicial Center, reducing the impact on the environment, with the City to pay any costs involved with the creation of said parking area. He stated that the City is trying to create a sustainable community in all areas, from their multimodal transportation plan of sea planes, water taxis, trails, and trains to an annual Green Fair that is held in the downtown area, in partnership with the County, to its community gardens and Golf Cart Ordinance. He commented that Tavares is one of the few cities in the State of Florida that passed such an Ordinance, allowing golf carts on city streets and in the downtown area, however, noted that the speed limit must be 35 mph, according to the Statutes, and the City requires that the golf carts have brake lights, blinkers, horns, and headlights. He indicated that, in order to move forward with the Ordinance, they are creating pocket parking areas throughout the City and would hope that the County will incorporate some of the “green” initiatives into its renovation plans of the Judicial Center, including charging stations, as will be done around the City.
A brief discussion occurred regarding the matter, at which time it was noted by Mr. Drury that the City was creating two crossing areas this year, one being north of Hwy. 441 and the other being east of Disston Avenue, with the goal being to connect those two neighborhoods with the downtown area.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the City of Tavares’ request for the creation of a temporary small pocket parking area, for up to three (3) golf carts, to be located at the Lake County Judicial Center, in Tavares, as presented by the City Administrator, Mr. John Drury.
PUBLIC WORKS
COOPERATIVE SERVICE AGREEMENT
BETWEEN
Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that there is a feral hog problem at the Ferndale Preserve, noting that they are causing a lot of problems and damage to the Preserve, and that staff has gotten with the USDA (United States Department of Agriculture) about trapping and managing the hogs, for an amount not to exceed $35,000.
A brief discussion occurred regarding the matter, at which time Commr. Conner questioned whether there was a wiser way to eradicate the hogs than paying $35,000 to do so.
Mr. Stivender stated that the County did not want a free for all at the site, in that it is a Preserve, and they did not want a lot of people tramping through it and damaging the vegetation. He noted that the firm that will be used to remove the hogs from the Preserve will monitor them, as well.
Commr. Renick suggested that the amount be reduced from $35,000 to $20,000 and, if the USDA did not agree to it, to bring the request back to the Board at a later date.
On a motion by Commr. Renick, seconded by Commr. Conner and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works to accept a Cooperative Service Agreement between Lake County and USDA (APHIS) (WS), not to exceed $20,000, for two (2) years, for the monitoring and removal of feral hogs from the Ferndale Preserve - Commission Districts 3 and 5.
PROJECTS FOR FEDERAL FUNDING CONSIDERATION
Mr. Jim Stivender, Jr., Public Works Director, informed the Board that a list of recommended projects to be considered for federal funding was contained in the packet that will be presented to the State, mainly to obtain support from the Representatives, the Senators, and the Department of Transportation on the County’s federal requests, which includes three bridges, two of which are permitted and one that is in the design phase. He stated that the federal funding will become available in 2009, noting that it only comes up every six years, and, according to the County’s lobbyist, the County is well on its way to getting all the information together that it will need to pursue the revenue in Washington, D.C. He reviewed the proposed projects, as follows:
Highway/Bridge Projects
Currently in design phase – would like to move to construction phase.
Amount requested: $3,200,000
Lakeshore Bridge (replacement of bridge)
Currently in design phase – would like to move to construction phase.
Amount requested: $2,800,000
Currently in design phase – would like to move to construction phase.
Amount requested: $2,000,000
CR470/CR 48 (add lanes from Royal Palm Drive to CR 33)
Currently in right of way acquisition phase – would like to move to construction phase.
Amount requested: $15,000,000
Transportation Enhancement
Projects
Minneola Trail 3 and 4 (bike trail
from Clermont to Van Fleet Trail in
Currently in PD&E Phase – would like to move to right of way acquisition and construction phase.
Amount requested: $12,500,000
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of the list of recommended projects to be considered for federal funding, as presented; and authorized the Chairman to sign a letter supporting said list - Commission Districts 1, 2, and 3.
PUBLIC
HEARINGS
VACATION PETITION NO. 1144 –
INTERLACHEN INVESTMENTS LLC – CLERMONT
Mr. Jim Stivender, Jr., Public Works Director, informed the Board that this was a request to vacate the right of way, in the Plat of Monte Vista Park Farms, in the Clermont area. He stated that the area in question is Drew’s Landing, a subdivision plat that has already been approved. He indicated that, under the subdivision plat law, one can plat and not show the underlying easements, because the plat law gets rid of them, but the title law does not, so the developer is vacating the old, non-used ingress and egress tracts to clear title, and the Board had before them remnants that were left over. He commented that staff was recommending approval of the request.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
Commr. Renick questioned why the Board had in their backup material a letter from Utilities, Inc. of Pennbrooke and Lake Utility Services, Inc. stating that they objected to the vacation request.
Mr. Stivender interjected that staff had received revised letters from said utility companies indicating that they did not object to the request, after a second review of the site and realizing that their utility lines were not in the right of way in question.
Commr. Conner questioned why said letter was not in the Board’s backup material and was told that it should have been. He stated that this was the second time at this meeting that the Board was being asked to vote on something when documentation had not been provided to them, prior to the meeting, and emphasized the fact that, as a matter of record, the County Manager and staff needs to make sure that documents are given to the Board in advance of the meetings, to allow them time to read them.
The
Commr. Stewart concurred with Commr. Conner’s comments.
Commr. Renick stated that it was staff’s error and they had accepted responsibility for it. She stated that her concern was whether or not the County had actually received approval of the request from the utility companies.
Ms. Glenda Mahaney, a resident of Tavares, addressed the Board and questioned whether the right of way in question had ever been dedicated to the public, noting that she has noticed lately that the County has been closing roads that were never dedicated to the public, and she does not believe by Statute they have a legal right to do so, which she elaborated on.
On a motion by Commr. Renick, seconded by Commr. Conner and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2008-196 - Vacation Petition No. 1144, Interlachen Investments, LLC, to vacate rights of way in the Plat of Monte Vista Park Farms (PB2, Pg27), located in Section 6, Township 23 S, Range 26 E, in the Clermont area - Commission District 2, as presented.
VACATION PETITION NO. 1145 –
JOSEPH ZAGAME –
Mr. Jim Stivender, Jr., Public Works Director, explained this request, stating that it was a request to release a performance bond, because the entire plat was being vacated for construction improvements for the subdivision known as St. James Place. He stated that the construction improvements were approved and the plat was put in place, however, because of the situation with the economy, it was being dropped off the books. He informed the Board that staff was recommending approval of the request.
The Chairman opened the public hearing.
Ms. Vicki Cash, the owner of a 40 acre parcel, with 1,320 feet of said parcel being contiguous to the property in question, addressed the Board stating that she was not opposed to the vacation, but wanted to make sure that a requirement requiring that anything being developed in the area have city water, or a community water system, remain in place, should the property be developed at a later date.
Mr. Sandy Minkoff, County Attorney, interjected that the zoning classification would remain the same, but, if the applicant were to come back to the County with a new subdivision plat at a later date, he would have to go through the entire zoning process and, if water and sewer are available at that time, he will be required to hook up to it.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2008-197 - Vacation Petition No. 1145, Joseph Zagame; and authorized the release of a performance bond, in the amount of $7,757,514, that was posted for construction improvements for a subdivision know as St. James Place - Commission District 5, as presented.
VACATION PETITION NO. 1133 –
GROVELAND
Mr. Jim Stivender, Jr., Public Works Director, informed the Board that this request was for approval to vacate tracts and rights of way in the Plat of Groveland Farms Subdivision and a portion of county owned property, as part of the right of way for Lake Erie Road. He stated that the Groveland Farms Plat does not include the entire property, just the tracts in question, which are 10 acre tracts. Any easements that were felt would be needed for ingress/egress were left in place, but all the other tracts would be vacated, as well as all the lots in the Plat of Groveland Farms, creating one large parcel. Staff was recommending approval.
The Chairman opened the public hearing.
Mr. Phillip Kuharske, the owner of several tracts of land located to the northwest of the property in question, addressed the Board stating that he was concerned about his access to the property, noting that, prior to the applicant’s acquisition of said property, his family owned all of it and would access it from Lake Erie Road by way of an old tram road, or they would access it by way of an easement from the west side of the property. He questioned how he was going to have access to his property, if the Board approved the vacation request.
Mr. David Hansen, Public Lands Manager, Public Works Department, addressed the Board stating that it was his understanding that Mr. Kuharske was accessing the property from the west, noting that no one has tried to access it from the north side of the road. It was explained to him that the easement that runs north and south is on the east side of the section line, so they are not connected – it is like jumping across a point.
Commr. Renick suggested postponing this request until a later date, to allow staff to provide the Board with information they need about the request, as they were not given all the information they needed, prior to the meeting.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Renick, seconded by Commr. Conner and carried unanimously, by a 5-0 vote, the Board approved to postpone Vacation Petition No. 1133, Lake County Environmental Lands, to vacate tracts and rights of way; and a request for approval and execution of a Resolution declaring a portion of county owned property as part of the right of way for Lake Erie Road (0613) - Commission District 2, until a later date.
Mr. Stivender interjected, for the record, that the rights of way involved with the request are paper rights of way. He stated that Mr. Kuharske wants an ingress/egress across the property in question, which has nothing to do with the road vacation, but is something that needs to be addressed.
VACATION PETITION NO. 1135 – TONY
LAMBERT/REPRESENTATIVE LESLIE
CAMPIONE, ATTORNEY –
Mr. Jim Stivender, Jr., Public Works
Director, explained that this was a request for approval to vacate rights of
way in the Plat of Lake King Gardens, in the
The Chairman opened the public hearing.
Mr. Jim Condon, a property owner in the area of the property in question, addressed the Board stating that his property was going to be affected by the proposed vacation, noting that, if they approved the request, he would not have access to the lake behind his property, which he currently accesses by way of Abernathy Street. He informed the Board that he had previously filed a complaint with Code Enforcement about the gate on Abernathy being locked and was informed that it was in violation, however, noted that the gate remains locked.
Ms. Leslie Campione, Attorney, representing the applicant, addressed the Board and reluctantly requested a postponement of the request, noting that the applicant has been trying to get the matter cleaned up for some time. She stated that she felt a postponement would be the thing to do, to give the applicant time to try to work out an arrangement with Mr. Condon, where he could be given a private easement to the lake, which would eliminate the need for a public access.
Mr. Condon was asked whether he would be in agreement to having a private easement to the lake and responded that he would.
Mr. Ben Champion, a local realtor who is working with another property owner, Mr. Vernon Lee Smith, the owner of a parcel of property on the east side of Abernathy Street, addressed the Board stating that Abernathy Street does not have access to the lake. He stated that, if the Board looked at it carefully, they would see that perhaps a tiny corner of it meets the swamp near the lake, but one cannot launch a boat there.
Commr. Cadwell commented that the motion could contain language indicating that the request would be approved, contingent upon having a written agreement between the applicant and Mr. Condon, granting Mr. Condon a private easement to the lake.
Mr. Sandy Minkoff, County Attorney, interjected that the Board did this once before and they are still fighting over the agreement, therefore, felt it would be better to postpone the request and bring it back to the Board at a later date, after the applicant has had a chance to meet with Mr. Condon and work out some type of an agreement.
Mr. Vernon Smith, the owner of several parcels of land located east of Abernathy Street, addressed the Board stating that there is no way that one can access the lake by way of Abernathy Street, because the shoreline is covered with growth and is classified as wetlands down to the lake.
Ms. Campione informed the Board that she would support postponing the request and bringing it back next month and, in the meantime, they can get to the bottom of some of the issues involved with it.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Stewart,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved to postpone Vacation Petition No. 1135, Tony Lambert/Rep. Leslie
Campione, to vacate rights of way in the Plat of Lake King Gardens, in the
VACATION PETITION NO. 1146 – R.
NEIL BRITT/REPRESENTATIVE ANITA R.
GERACI, ESQUIRE – CLERMONT
Mr. Jim Stivender, Jr., Public Works Director, informed the Board that this was a request to vacate the entire plat of John’s Lake Plaza, in Clermont. He stated that he was aware of the car dealership issue, but, at this time, there are plats and easements on that piece of property that the applicant is asking to vacate. He stated that staff was recommending approval of the request.
The Chairman opened the public hearing.
Ms. Anita Geraci, Attorney, representing the applicant, addressed the Board stating that she was present on behalf of Mr. R. Neil Britt, as well as her client, Headquarter Orlando, LLC, who is the developer for the Honda project, which is involved with a rezoning case that is scheduled to come before the Board later on in the meeting. She stated that they are required to vacate the current plat on the property in question, which consists of nine (9) platted lots that have been approved for 80,000 square feet of commercial, retail/professional office, and medical uses. There is a roadway that enters the property off of SR 50; however, it does not lead to any residences or other properties, so there is no issue with vacating the roadways that are platted, which is a private easement. There are utility providers and the applicant has worked out an easement agreement with Lake Apopka Utilities.
The Chairman stated that he did not think the applicant would want to vacate the plat, until it was known whether or not the rezoning request was going to be approved, therefore, suggested that this request be heard after the rezoning case is heard.
PUBLIC HEARINGS: REZONING
Mr. Brian Sheahan, Planning and Community Design Director, Growth Management Department, addressed the Board stating that the County had received two requests for continuances under the Rezoning Consent Agenda, which he reviewed.
A motion was made by Commr. Hill and seconded by Commr. Stewart to approve the Rezoning Consent Agenda, as presented.
Under discussion, Commr. Renick asked that Tab 5 be pulled and discussed separately.
A brief discussion occurred, which caused a little confusion, at which time Commr. Hill withdrew her motion and Commr. Stewart withdrew her second to the motion.
On
a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by
a 5-0 vote, the Board approved the Rezoning Consent Agenda, as follows:
Patrick and Barbara Henes/Janet Christoff
Christoff Kennels
Rezoning Case No. CUP08/11/2-2
(Continuance to BCC Meeting of 12/16/08)
Clermont-Falls Creek
Development,
Magnolia
Property Associates LLC,
and B & L Properties
LLC
Magnolia Property
Associates LLC/Magnolia Office Park
Rezoning Case No.
PH51-08-2
(Withdrawn)
Ordinance No. 2008-74
City of Leesburg/Ray Sharp
Environmental Services Director
City of Leesburg/Pump Station
Rezoning Case No. PH50-08-3, as presented.
Glen and Sharon Treadwell
G. C. Bogardus
Rezoning Case No. CUP08/11/1-4
(Continuance to BCC Meeting of 12/16/08)
United Southern Bank
Leslie Campione, P.A.
United Southern Bank – Astor
Rezoning Case No. PH52-08-5
(Withdrawn)
Catherine Hanson
Leslie Campione, Esquire
Rezoning Case No. PH44-08-4
(Withdrawn)
REZONING CASE NO. PH47-08-2 – G
& A REAL ESTATE OF DAVIE, INC.-
CECELIA BONIFAY, ESQUIRE - CLERMONT
Commr. Renick informed the Board that she asked that this request be pulled from the Rezoning Consent Agenda, for discussion, because the City of Clermont asked that it be postponed until a later date, since it is in their JPA. She stated that they issued a recommendation of denial, because they did not receive sufficient information about the request - not even a rough site plan.
The Chairman opened the public hearing.
Commrs. Hill and Cadwell disclosed, for the record, that they had spoken with the applicant’s legal counsel, prior to the meeting.
Mr. Brian Sheahan, Planning and Community Design Director, Growth Management Department, informed the Board that this meeting had been properly noticed.
Mr. Steve Green, Chief Planner, Planning and Community Design, Growth Management Department, presented this request, stating that the applicant was G & A Real Estate of Davie, Inc. He stated that it was a request to amend Ordinance No. 2003-81, to allow some C-1 and C-2 commercial uses within the Planned Commercial (CP) District, including, but not limited to, automobile sales and service. The property has an Urban Expansion land use designation, and the Zoning Board approved staff’s recommendation for approval, in that it meets all the requirements of the County’s Land Development Regulations and Comprehensive Plan.
It was noted that the request was on the Zoning Board’s Consent Agenda, for approval.
Ms. Cecelia Bonifay, Attorney, representing the applicant, addressed the Board stating that the request was on the Zoning Board’s Consent Agenda, because there was no opposition to it. There were no letters for or against the request and no one from the City of Clermont was present at the Zoning Board meeting. It is a straight forward use of the property, which is currently zoned CP (Planned Commercial), and is part of an automotive dealership. Where the dealership is currently located (Clermont Dodge) is a parcel that has been sold to the County for the Sheriff’s substation. The property was only being used as a parking lot, so the applicant needed to amend the parcel, to add C-1 and C-2 uses. Automotive uses are allowed and the applicant has a list of uses for the CP zoning district. It is located on the north side of SR 50 and is one of three tracts, consisting of a little over 18.9 acres, all zoned CP and used for automotive retail purposes. The applicant is just adding C-1 and C-2 uses to the seven acre parcel that was just being used for automotive parking, as part of an existing dealership. The applicant wants to relocate the sales center to the site and has submitted what is required under the County’s Zoning Regulations and the Joint Planning Area (JPA) Agreement with the City of Clermont, which, at this point, only requires that the applicant turn in a Conceptual Development Plan. The applicant has done a Traffic Analysis, but will have to do intersection improvements, turn lanes, etc. and will probably have to enter into some kind of proportionate share agreement, which is a state mandate for all projects, if they do not meet concurrency, or they have to mitigate, whether they are a DRI or not. There are no environmental issues, since the site has already been developed and used as part of the overall compound consisting of 18 acres.
Ms. Bonifay stated that the applicant has the correct land use and zoning, but they did not do a detailed site plan, because it would be impossible to do one at this stage, in that the applicant does not know what the Nissan dealership is going to want to do, how they are going to lay out their building, exactly what it is going to look like, and the applicant cannot encumber the property, prior to their being able to do that, so they did the Conceptual Plan, as required by law. The property is also located within the City’s Chapter 180 Water and Sewer District, which means that (1) when a final site plan is done, pursuant to the JPA, the City of Clermont will be provided with it, and (2) as required in the Ordinance, it has to connect to central water and sewer. The utilities are already in place and many times the City has addressed land use and other conditions that it wants to put in there that the applicant or owner is willing to agree to. The reason the City gave for not approving the request is that they wanted a final site plan and did not want to approve anything, until it was exactly the way they wanted it, through a final site plan, which is not appropriate at this time, in that is not what the County’s Code or JPA requires.
Ms. Bonifay stated that she feels having something that is already zoned that has the land use and everything that is needed and an automotive dealer that wants to come forward and build a new dealership and employ people and offer jobs is a pretty exceptional opportunity, and she hopes the County will not lose it. She stated that the applicant has certain obligations to Nissan and, if a postponement is granted, it may end the negotiations, noting that they would like to close the second week of December and move forward with the final site plan.
Mr. Wayne Saunders, City Manager, City of Clermont, addressed the Board and presented the City Council’s unanimous recommendation for denial of this request, noting that it was mainly because they did not know what was going to be happening on the site. He pointed out the fact that the property is located at a site that is the entrance to the City and the City Council has spent a lot of time over the years trying to be sure that it maintains a good entrance to both the County and the City and they felt they did not have enough information regarding the request. He indicated that the City was not given any conceptual site plans or traffic studies – they were not provided with any information other than the request for the change. He stated that the City was respectfully asking that the Board deny the request, but he felt they would be happy with a postponement, until additional information they need could be provided.
Mr. Scott Coffman, an independent commercial real estate broker in the Clermont area, representing the subject property, addressed the Board stating that the State of Florida just announced a $2 billion budget deficit, and it has the worst unemployment rate that it has had in 15 years. He stated that he takes great pride in the City of Clermont and how it is developed and asked that the request be approved, noting that it will be a first class facility and one that will bring as much as $5 million in annual wages, salaries, and associated taxes into the economy.
Mr. Charlie Krause, a local resident, addressed the Board and questioned the closest residential neighborhood to the property in question, to which Ms. Bonifay responded that there are no residential homes abutting the property.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
Commr. Cadwell stated that the property is already zoned for a car lot, it is located within the JPA, and the request complies with the County’s Land Development Regulations and Comprehensive Plan, so he feels it should be approved.
Commr. Stewart concurred, stating that she agreed that the request should be approved.
Commr. Renick stated that nobody is trying to stop business from coming into the City of Clermont, and she realizes how hard the times are, but that has never been the issue with the request. She stated that the only issue involving this request is that the City did not get a final site plan - they did not get anything, and their policy has always been to have at least a rough site plan, so they were not comfortable with approving the request.
Commr. Hill stated that she felt there were some things that needed to be worked out with the City of Clermont.
Commr. Renick stated that she did not feel it was asking too much for the City to be provided with a conceptual site plan, but that she would support the request.
A motion was made by Commr. Renick
and seconded by Commr. Stewart to uphold the recommendation of the Zoning Board
and approve Ordinance No. 2008-75, G
& A Real Estate of Davie, Inc., Cecelia Bonifay, Esquire, Rezoning Case No.
PH47-08-2, as presented.
Under
discussion, Commr. Conner stated that he would urge the Board to take to heart
what Mr. Coffman said about the economic impact of the request and that he was
surprised that there was not a stronger emphasis from county staff on the
economic development component of this issue, noting that he feels it is one
that is so significant that he would have liked to have heard it from staff,
not just from Mr. Coffman. He commented
that the applicant’s representative did not even discuss the economic impact of
the request and more and more it is being seen that the County needs good
paying jobs and businesses. He stated
that he feels, as a Commission, they need to understand that there are people
out there that are unemployed and need work and the proposed dealership would
be a very good opportunity for them.
Commr.
Renick interjected that everybody acknowledges the tough, economic times that
the Country is in, but it does not warrant throwing out the City of Clermont’s
standards, noting that the City is not suggesting that it does not want the
dealership, they just want to make sure that it is done right.
Commr.
Stewart stated that every Commissioner on the Board is dedicated to bringing
jobs into the County and to the economic development of the County, noting
that, not only have they said it orally, but they are backing it up with
action.
The
Chairman called for a vote on the motion, which was carried unanimously, by a
5-0 vote.
RECESS
AND REASSEMBLY
At
10:50 a.m., the Chairman announced that the Board would recess for 10 minutes,
after which they would reconvene and then recess again for a Closed Session.
CLOSED
SESSION
Mr. Sandy Minkoff, County Attorney, informed the Board that they recently approved a request from him to hold a Closed Session to discuss pending litigation, which he noted would be confined to settlement negotiations or strategy sessions. He stated that a Court Reporter would record the entire session, none of which can be off the record, and would include the names of all those in attendance. Those notes will then be transcribed and become public record, once the litigation has ended. He indicated that the County was required to give public notice of the Closed Session and that he had a copy of the advertisement. In addition to the Board, he noted that he; Ms. Cindy Hall, County Manager; Ms. Erin Hartigan, Assistant County Attorney; and the County’s two outside counsel attorneys, Mr. Ed Baxa and Mr. Duke Woodson, would be in attendance. He anticipated that the Closed Session would take approximately forty-five minutes to an hour.
RECESS AND REASSEMBLY
At 12:30 p.m., the meeting was reconvened, at which time the Chairman announced that there would be a 10 minute recess.
REZONING (CONT’D.)
REZONING CASE NO. MSP08/7/1-3 –
MINING SITE PLAN (MSP) IN A –
DIRTWORX EXCAVATING, INC. -
MASCOTTE
Mr. Steve Green, Chief Planner, Planning and Community Design, Growth Management Department, presented this case, stating that it was brought before the Board on August 26, 2008, at which time they were to consider a recommendation of approval by the Zoning Board. When the matter first came before the Board in August of 2008, a continuance was granted, and then another continuance was granted when the matter was brought before the Board again in September of 2008, to allow the applicant to meet with adjacent property owners, to work out some site development issues. In October of 2008, staff was ready to present the case to the Board again, but, at that time, Ms. Amanda Prevatt, an adjacent property owner mentioned that she had not been informed about the meeting and was not party to those arrangements, so the Board directed staff to meet with Ms. Prevatt concerning some issues that she had about the request, which they did and conveyed Ms. Prevatt’s concerns to the applicant, who revised the Ordinance accordingly. He stated that, from what he can gather, one of the most prevailing concerns is that Phase I and Phase II be completed first. He stated that issues of concern have been worked out between the applicant and the adjacent property owners and staff was recommending approval, as the request is consistent with LDR Chapters 3 and 6 and the Future Land Use and Conservation Elements of the Comprehensive Plan.
The Chairman opened the public hearing.
Mr. Steve Richey, Attorney, representing the applicant, addressed the Board stating that he had been asked to meet with Ms. Prevatt regarding concerns she had about the request, but that she had met with county staff, before he had a chance to meet with her, and had indicated to them several things that she would like to have added to the site plan, in addition to some things that had been discussed, in meeting with adjacent property owners to the north of the property in question. He stated that the last continuance was granted, to allow the applicant an opportunity to enter into a private Settlement Agreement with those property owners, and the applicant incorporated Ms. Prevatt’s concerns in their revised final site plan.
Mr. Ted Wicks, Wicks Consulting Services, representing the applicant, addressed the Board and answered questions from Mr. Richey about Phases I and II of the proposed project. It was noted that Phases I and II will have to be completed within a five year time frame; however, there is no time limit for the remaining three phases of the project, which will be done based on the market. In addition, the applicant has proposed a 150 foot buffer on the north property line, with a vegetative berm and some plantings of red cedar, which has been included in the MSP (Mining Site Plan), as well. The other property owners requested that pine trees of a certain circumference and size be planted in the berm, in lieu of the red cedar that the property owners to the north agreed to. The hours of operation have been modified from 7:00 a.m. to 5:00 p.m., five days per week, with no trucks going in and out of the property on weekends, and a requirement that the material be covered, to ensure that it is not blown around, was added to the Ordinance, as well. The applicant entered into a private Developer’s Agreement with the property owners to the north, which will be recorded in the County’s public records, that will limit the project to five years, which the County will be able to enforce, based on the MSP. There is no access to Lake County roads from the mining operation, in that the applicant has an agreement with Sumter County to utilize and maintain a road that goes into Sumter County, which is renewed annually. The MSP prohibits the applicant from using any other roads in Lake County, so, if they do not maintain the road in question to Sumter County standards, the operation will be shut down, because they will not be able to use that road and not be able to complete the mining site plan operation, based on Lake County’s limitations on access.
Mr. Brent Spain, Attorney, Theriaque Vorbeck & Spain, representing the property owners to the north, B & S Groves, Inc., addressed the Board and submitted, for the record, a copy of the private Settlement Agreement that was entered into between the applicant and his client, B & S Groves, Inc. (Opposition’s Exhibit A), which Mr. Richey alluded to, at which time he thanked Mr. Richey for taking the time to negotiate with his client, in trying to reach an amicable resolution to concerns involving this case. He thanked the Board for its patience, in allowing several continuances regarding this case, as well.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Conner, seconded
by Commr. Hill and carried unanimously, by a 5-0 vote, the Board upheld the
recommendation of the Zoning Board and approved Ordinance No. 2008-76, Dirtworx Excavating, Inc./Robert J. Merritt,
Rezoning Case No. MSP08/7/1-3, as presented.
REZONING
CASE NO. PH28-08-2 – R-4 TO A – JOHN ARNOLD PROPERTY AND
REZONING
CASE NO. CUP08/10/1-2 – CUP IN A – JOHN ARNOLD RESIDUAL
FACILITY
- CLERMONT
Mr.
Rick Hartenstein, Senior Planner, Planning and Community Design, Growth
Management Department, presented these two cases. Due to the fact that they involved the same
individual, Mr. John Arnold, and the same parcel of property, they were being
addressed together. He displayed aerials,
site plans, and various photographs (contained in the Board’s backup material)
of the applicant’s property and agricultural operation, which he reviewed with
the Board, noting that signs of the proposed rezoning and CUP request were
properly posted, as shown in the photographs.
He stated that the applicant was requesting to rezone a 40 acre tract
from Medium Suburban Residential (R-4) to Agriculture (A), to expand his
agricultural operations, and a Conditional Use Permit (CUP), to allow him to
construct and operate a Residual Management Facility (Wastewater Treatment
Plant and Composting Facility), converting treated Class “B” biosolids into
Class “AA” reclaimed water, for irrigation, and to create fertilizer meeting
Class “AA” standards, for use with citrus and hay production. He commented that, prior to the Zoning Board
Meeting, staff received a complaint that there were some code violations
pertaining to the operation of the pilot program, noting that the applicant
developed a small green house in the corner of the project, for the purpose of
testing, with regard to the composting aspect of the project, and was cited by
Code Enforcement for said activity. He
informed the Board that he had an opportunity to view the type of machinery
that would be used at the facility and found it to be very quiet and there were
no noticeable odors detected coming from it.
On October 30, 2008, he viewed the site in question with other members
of staff and saw first hand the operation that was being proposed, at which
time he read into the record the contents of a memorandum (County Exhibit A) from
Ms. Dottie Keedy, Lake County Economic and Redevelopment Director, indicating
that staff was recommending approval to rezone the 40 acre parcel in question
from R-4 to A and approving, with conditions, CUP08/10/1-2, for the
construction and operation of a Residual Management Facility in the
Agricultural zoning district, as set forth in the Ordinance. He stated that staff received seven letters
of opposition, prior to preparation of the Rezoning Agenda packet, and one
additional letter of opposition (County Exhibit B) since then, which he
submitted, for the record. He commented
that the Zoning Board recommended approval of the request, by a 7-0 vote, with
a condition that no spreading would be allowed on the 40 acre parcel.
The
Chairman opened the public hearing.
Mr.
Steve Richey, Attorney, representing the applicant, Mr. John Arnold, addressed
the Board and called Mr. Arnold to the podium, at which time he asked him to
describe how the proposed operation would work and what it would entail. Mr. Arnold responded that there are numerous
facilities all over Europe that are using said “green” technology, which has a
zero carbon footprint. He stated that
his family owns a 2,500 acre parcel of property that they have been utilizing
for land applications, long before any of the surrounding subdivisions were
developed, and they generally do not have a problem, until there is a heavy
rain or a brisk wind blowing towards the residential areas, after he has been
land applying for two or three months.
He gets reported to Code Enforcement for being in violation, only to
have Code Enforcement or the Department of Environmental Protection find that
he is operating in compliance. He
informed the Board that he has one of Central Florida’s largest agro-tourism
businesses, along with a U-Pick citrus operation, growing over 50 varieties of
citrus, and he does eco-tours, as well as owns a gift shop that is located on
his property. He stated that tens of
thousands of people come to his property, either for the U-Pick citrus, or for
the tours, which he has successfully been operating for over 20 years.
Mr.
Arnold briefly discussed the entrance to his ranch and the fact that trucks
have been using the road for 25 years, bringing biosolids to the ranch. He stated that ingress/egress to the proposed
operation will be down said road, which is a combination of public and private,
however, noted that it is gated. He
indicated that they are not trying to drive any trucks through Tradds Landing,
an adjacent subdivision, however, noted that he has deeded access to his orange
grove, which is surrounded by Tradds Landing and Sawgrass Bay, but it is just
to get the fruit trucks in and out. He
negotiated with the developer, regarding the easement and having access to his
grove, which he had before the developers ever came to town. They moved the easement around to accommodate
Harvest Boulevard, which is known for such, because it is the road that they
use when harvesting their fruit. It is
the only reason said road is utilized – their access to the site is down a clay
road, as shown in a photograph that was displayed to the Board. He submitted, for the record, a binder
(Applicant’s Exhibit A) containing various photographs and information pertaining
to his operation, which he displayed and discussed with the Board. The photographs show a buffer of various
types of densely vegetated trees that exists between Tradds Landing and his
property, as well as photographs of various pieces of machinery that he uses in
his operation, explaining how the machinery is used, and of the material that
the trucks deliver, noting that he does not receive any untreated material on
his property – it is fully treated. He
stated that, after it comes out of a wastewater treatment plant, it is brought
to his ranch in tanker trucks and applied to his citrus, hay, sod, and pasture
land. He indicated that it contains
nutrients and water and is what he needs, as a farmer, noting that the
nutrients and water is what the utilities have that they have to get rid of, so
the private/public partnership that he has with them is a great one and shows
the importance of agriculture being a recipient of the recycling
requirements. He stated that it is not
something that is optional, noting that at some point it has to be reintroduced
into the environment, and it has to be done in an environmentally responsible
way. He informed the Board that he is
doing it in full compliance and is proposing to do it to the highest and best
possible level of treatment. He noted
that his ranch only receives the wastewater after it has been fully treated, at
which time they perform the operations he discussed with the Board.
Upon
questioning by Mr. Richey, it was determined that Mr. Arnold has a CUP that
goes back to 1986; he filed an Operations Plan at that time and has added
additional land to it; and he is in full compliance with his Conditional Use
Permit. His operation is inspected
annually by the County and even more often by the Department of Environmental
Protection and has never been cited or fined for a violation. It was further determined that Mr. Arnold
built the facility in an R-4 zoning district, which was not permitted, but he
did it at his own risk, understanding that it would have to be moved or
permitted, if the request before the Board is approved or not approved. He built the facility as an educational
tool. It was noted that a lot of the
residents in Tradds Landing, who were originally opposed to the operation, are
now in favor of it. A number of
petitions were submitted to the County from residents who had admitted to
signing the opposition’s petition, but, after visiting the applicant’s ranch
and seeing how the operation will work, liked what they saw and feel that it is
a good thing and something that needs to happen, so now they are in favor of
it. He displayed photographs (contained
in the binder that he submitted) of his green house and the end result of the
process, explaining how it works. He
asked the Board to question staff and representatives from DEP, who were
present in the audience, as to whether they encountered any odors from the
facility, or the process, when visiting the site, noting that there are none.
Mr.
Arnold informed the Board that his operation is not a noisy one, it emits no
odors, there are no pests associated with it, there are no health concerns, and
he felt it was important for him to point out the fact that they have been
meeting the needs of the community, in response to an allegation that they were
not serving the community’s needs. He
noted that the request, if approved, will phase out the land application that
so many people find to be objectionable, it will fix a problem that exists in
the area, and it is going to help him preserve his farm. He stated that a lot of people in the wastewater
industry are watching his operation, so he feels it is an opportunity for the
County and policy makers to deal with the wastewater industry.
Mr.
Richey asked that the Board look at the Staff Report (contained in their backup
material), which deals with the criteria that the County is required to look
at, as part of the CUP.
Commr.
Renick stated, for the record, that she has seen the applicant’s operation
first hand and has talked with some of the residents from Tradds Landing,
because shortly after she was elected she started getting calls from them.
Mr.
David Theriaque, Attorney, Theriaque Vorbeck & Spain,
representing the Tradds Landing Homeowners’ Association, an adjacent
subdivision containing 321 homes, addressed the Board and cross-examined the
applicant, Mr. John Arnold, regarding whether there were any other locations in
the State of Florida where an operation the volume of his was occurring (Miami
- outdoors, Largo – outdoors, Disney World – partly indoors, partly outdoors,
and Leesburg – outdoors); the issue of odor management; the fact that he did
not obtain appropriate county approval for his pilot project; the fact that he
had received notices of violation regarding his property (some cows had gotten
loose a few years ago, when a tree fell on a fence after a storm; an employee
burned some cardboard boxes on the edge of the parking lot, due to the dumpster
being full during their busy season; and a screened shelter with restrooms was
constructed, without first obtaining a permit – later found to be in full
compliance); the fact that he was cited about the CUP, due to failing to
provide an Operations Plan, as well as applying residuals without a valid
Operations Plan, applying residuals within the jurisdictional wetlands
setbacks, and allowing cattle to access residuals and storage areas and
stockpiling residuals (applicant did not agree to accusations). He submitted, for the record, copies of said
violations (Opposition’s Exhibit A).
Mr.
Theriaque questioned Mr. Arnold as to how many green houses he planned to
build, should the Board grant approval of his request (approximately 16); the
fact that the one that was built for the applicant’s pilot program would be the
width of said green houses, but the length would be longer; how many gallons of
water were used as part of the pilot project (none); the fact that part of the
project would utilize 300,000 gallons of water per day, with a maximum of 93
million gallons of water per year (for beneficial reuse); the fact that the
pilot project was presented as a good thing, but the comparison was not apples
to apples, in that none of the water that would, ultimately, be used during the
process was used in the pilot project; what the volume of the “cakes” that were
laid out in the pilot project were measured at (10 semi-tractor trailer loads,
at 40,000 lbs. each, for a total of 400,000 lbs.); how long those pounds have
been on the property (approximately 5 weeks); what the turnover rate would be
(once technique is developed, there would be approximately three weeks of
absolutely no odor); the fact that, if the “cakes” get wet, there is an odor
emitted from them; whether the applicant owns the 40 acre parcel in question
out right (100%); who owns the entity know as Arnold Groves and Ranch LTD
(limited partnership consisting of members of the family, as well as extended
members of the family); how much of the 2,500 acres under Arnold Groves and
Ranch LTD the applicant own (13%); who is Showcase of Citrus, Inc. (business
entity that applicant owns 100%); and why the operation in question could not
be located somewhere else on the 2,500 acres that the family owns (applicant
does not want to invest several million dollars in green houses on property
that he only owns 13% of, which could create problems with the remaining family
members, upon his father’s death). He
noted that, what was submitted to the County regarding the proposed facility
states that the applicant is John Arnold, but what was submitted to DEP for said
facility states that the applicant is Arnold Groves and Ranch LTD, which is
owned by the family entity, and questioned the disparity between the two.
Mr.
Arnold stated that he felt the reason Arnold Groves and Ranch LTD was listed as
the applicant was because they are going to be the primary recipient of the
reuse water. He noted that the location
for the facility was chosen, because it is centrally located and he owns the
property.
At
this time, Mr. Theriaque submitted a binder (Opposition’s Exhibit B) containing
the following exhibits: Rezoning
Application (PH28-08-2), dated April 16, 2008; CUP Application (CUP 08/10/1-2),
dated April 16, 2008; Staff Report for Rezoning Application (PH28-08-2) (w/o
Exhibits); Staff Report for CUP Application (CUP08/10/1-2) (w/o Exhibits);
Proposed Ordinance for CUP 08/10/1-2; Excerpts from Lake County Land
Development Regulations; Excerpts from Lake County Comprehensive Plan;
Ordinance No. 2003-57 (CUP03/4/1-2), dated June 24, 2003; Staff Report for 2004
Rezoning (PH49-04-2) (A+CUP03/4/1-2 to R-4); Ordinance 2004-62 (PH49-04-2),
dated August 24, 2004; 2008 Aerial Photograph of Tradds Landing Subdivision;
Color Diagram Depicting CUP Boundaries of Arnold Grove & Ranch; Conceptual
Plan for Proposed Water Treatment Facility; Conceptual Plan with Future Phases,
received October 27, 2008; Senate Bill 392; Chapter 62-640 (Biosolids) (Working
Draft, dated 5-16-08); DEP Fact Sheet on Domestic Wastewater Residuals and EPA
Fact Sheets on Biosolids and Odors; Proposed Future Land Use Map, dated October
9, 2008; Overview of Issues; Resume of Laura J. Dedenbach, AICP; and Transcript
of Planning and Zoning Board Hearing held on November 5, 2008, which he
reviewed with the Board. He informed the
Board that, prior to purchasing their properties in Tradds Landing, the
residents did their due diligence and found that the 40 acre parcel before the
Board this date was rezoned by Mr. Arnold in 2004 to R-4, with the purpose
being to use it as an extension of the current Tradds Landing subdivision. He stated that the applicant asked for a
rezoning and the CUP expired for the 40 acre parcel, when the rezoning
occurred, thus, the reason the residents contend that the land application is
illegal. He commented that another of
the exhibits contained in the binder that he submitted, for the record, was a
letter from one of his experts containing some legal issues that they feel
support a denial of the request, noting that approval of same would have an
adverse impact on the property values of Tradds Landing, whose residents relied
upon the rezoning that occurred in 2004.
He stated that the residents did not move next to an Agricultural zoning
classification, they moved next to a Residential zoning classification that Mr.
Arnold himself rezoned, so they had a right and expectation that the 40 acre
parcel would be used for residential purposes, in fact, would contain
approximately 288 additional single family homes that would be constructed on
the site. He informed the Board that the
residents of Tradds Landing are not opposed to Mr. Arnold, or what he is
proposing, but are opposed to the location of it. They feel that, whether it is a good idea or
not, it is in the wrong location. He
suggested that, if the Board was going to approve Mr. Arnold’s request, they
require him to move it away from the residential neighborhood. He stated that Mr. Arnold is trying to
operate a business, but his clients have spent a lot of money on their homes,
and they do not need another reason for their home values to be reduced.
Ms.
Laura Dedenbach, AICP, President of Plan-it U.S., LLC, in Gainesville,
addressed the Board as an expert witness for the opposition, stating that she
has been a practicing certified planner for twelve years and that three years
ago she opened her own planning firm, with the majority of her clients being
from local governments, at which time she answered questions from Mr. Theriaque
about the applicant’s application for a rezoning and a CUP and their
compatibility with the surrounding neighborhood. She was then cross-examined by Mr. Richey,
the applicant’s attorney, regarding various aspects of the request.
Mr.
Michael Hennen, Attorney, representing the developer of the Greater Lakes
subdivision, Sawgrass Bay, which is located approximately 1,400 feet to the
south of the 40 acre parcel involved with the CUP and rezoning request,
addressed the Board stating that, to the extent that the Board is inclined to
approve the request, his client has some concerns and additional conditions
that they would like to see added to any approval of the request, noting that
their main concern is that they do not want to see the site turned into a
commercial development. He stated that
he and Mr. Richey had discussed adding a condition that any of the liquid
residuals and “cake” solids would be limited to the 2,500 acre ranch and that
there would be a prohibition of selling any of it to third parties. He stated that his client would appreciate
having that condition added to the request, should the Board approve it. Another condition that they would like to
have added, should it be approved, pertains to the odor emitted from the site,
during the drying process, which is very dependent upon the type of filler that
is used, is to restrict the maximum moisture content and prohibit lime
stabilized septage, which can increase the odor. He noted that the applicant has indicated
that he does not have a problem with adding to the Ordinance the same condition
that Osceola County added to theirs, being that the biosolids that they accept
be of no less than 8% of the total solids and that no lime stabilized septage
be accepted at their facility. He stated
that his client would like to see a requirement that whatever spreading is done
at the site will only be Class “A” bio-solids, if the request is approved.
Ms.
Nancy Foryan, a resident of Tradds Landing, addressed the Board in opposition
to the request, indicating that the residents of her subdivision were not
against Mr. Arnold’s operation, they were just opposed to the location of it,
because they are concerned that their property values are going to be
affected. They feel that his operation
could be located on some of the other acreage that he and his family own. She submitted, for the record, a petition
(Opposition’s Exhibit C) containing approximately 800 signatures of individuals
who are opposed to the applicant’s request and ask that the Board protect their
neighborhood and deny it.
Mr.
Steven Taylor, a resident of Osceola County, who lives within three miles of a
site being proposed for the same type of operation as the one being proposed
this date, addressed the Board stating that he did not feel the applicant was
being truthful with them, just as he does not feel he was truthful with the
Osceola County Board of County Commissioners, when he presented his request to
them. He stated that Mr. Arnold told the
Osceola County Commission that no one in Lake County was against his proposed
operation and that was the reason why he and several other residents of his
neighborhood were present at this meeting, to see who was actually for it and
who was against it. He wondered what the
applicant was not telling the two Boards, noting that he just wants the truth
about the proposed operations to be told.
Ms.
Laura McPhillips, a resident of Tradds Landing, addressed the Board, in
opposition to the request, at which time she read into the record a quote from
the United States Environmental Law, which states that its purpose is to ensure
a quality of life and a standard of living.
She stated that Mr. Arnold indicated that the residents of Tradds
Landing were creating issues about his proposed operation, when they did not
actually know what would happen – they were basing them on an assumption. She asked the Board to not assume that their
quality of life and standard of living would not be affected.
Ms.
Jacqueline London, a resident of Tradds Landing, addressed the Board, in
opposition to the request, stating that she and her family relocated from North
Carolina to an area that they felt was one of the happiest places on earth,
noting that they were grieving the loss of one of their children and wanted to
start their lives over. When they
purchased their property in Tradds Landing in 2004, there was nothing there but
roads and empty lots. They were told
that the orange grove located behind the subdivision would be cut down, to make
room for additional homes to be constructed.
She feels that it is wonderful that the applicant wants to go “green”,
noting that she recycles everything and tries to be as “green” as she can, but
she feels the proposed operation needs to be moved away from her
subdivision. She commented that the only
thing going for her is the hope that the housing market will change and that
there will come a day when she will be able to recoup all that she has lost,
due to the current economy, but she feels that she will lose her home, if this
request is approved.
Mr.
Norman Godde, a resident of Tradds Landing, addressed the Board, in opposition
to the request, stating that he felt the applicant’s going “green” plan was
admirable and, in principle, he applauded him and had no objections to it, if
it was situated much further back on the applicant’s property, rather than at
his back yard. He hoped the Board, as
elected officials for the County, in hearing the evidence presented this date,
would reject the applicant’s application.
Mr.
Doug Sweeney, a resident of Tradds Landing, addressed the Board, in support of
the request, stating that he was alarmed by the information provided to them by
the Tradds Landing Homeowners’ Association, as were many of the residents of
his subdivision, and that he had signed the petition alluded to earlier by Ms.
Foryan, which was submitted, for the record, but, after touring the facility,
reviewing what the applicant’s plans are for the site in question, and doing
his own research, he became convinced that he needed to speak up in support of
the request. He informed the Board that
he firmly believes what the applicant is proposing is the right thing to do,
environmentally, which he elaborated on, and feels that it will actually
improve the air quality of the community, rather than diminish it. He encouraged the Board to support the
request.
Mr.
Lee Isbell, a resident of Tradds Landing, addressed the Board, in opposition to
the request, stating that he moved into the subdivision with the understanding
that it was a residential area. He has
several small children, one a newborn, and is worried about the air quality and
what will be generated from the proposed operation. He stated that the residents have dealt with
the smell from the applicant’s operation for the past three years and feels
that it needs to go away. He stated that
he agrees with going “green”, in that it is all well and good and everybody
needs it, but he does not feel the operation should be located right next to
their houses and questioned whether there was not a more appropriate place for
it.
Mr.
Rick Gonzalez, a resident and realtor in the Clermont area, addressed the
Board, in support of the request, stating that a friend of his has a contract
with the City of Jacksonville, where he produces fertilizer from their
biosolids. He stated that it is
something that Lake County could be doing and that he has talked to people in
the County about the idea of a regional facility for biosolids management. He applauded the applicant’s proposed
operation and feels his request should be approved. He feels 700 feet is more than enough of a
buffer between the proposed operation and Tradds Landing and that it in no way
is going to affect the subdivision’s property values. He feels the applicant has come up with a
very innovative way of dealing with something that every city and county in the
State is going to have to deal with at some point and time in the future.
Ms.
Maria Dancsak, a resident of Tradds Landing, addressed the Board, in opposition
to the request, stating that she did not know where a stinky odor in her
neighborhood was coming from, until someone pointed it out to her. She noted that she is also a realtor and
feels it is a shame that the proposed operation will be located right next to
her subdivision. She informed the Board
that, in Osceola County, there is a 2,000 foot setback for the same type of
operation and questioned why the applicant could not move the Lake County
operation to his portion (13%, or 192 acres) of the 2,500 acres that is owned
by his family, rather than the 40 acre site where he is planning to locate the
proposed operation. She asked the Board
to consider that fact.
Ms.
Iris Rivera, a resident of Sawgrass Bay, a subdivision located next to Tradds
Landing, addressed the Board, in opposition to the request, stating that the
residents were not against what the applicant wants to do, they are just
against where he wants to put it – in their back yards. She thinks going “green” is a great idea, but
does not want the operation in her back yard.
Mr.
Theriaque, Attorney, representing the Tradds Landing Homeowners’ Association, gave
his closing remarks, at which time he submitted, for the record, a copy of the
application (Opposition’s Exhibit D) that was submitted to the DEP by the
applicant, pointing out a couple of errors that it contained, according to the
applicant. He then read an excerpt from
Tab 17, a DEP Fact Sheet on Domestic Wastewater Residuals and EPA Fact Sheets
on Biosolids and Odors, contained in the binder that he submitted to the Board,
for the record, earlier in the meeting.
He asked the Board to protect his clients’ property values and quality
of life and to protect the applicant’s ability to proceed, because the proposed
operation is a great concept and “green” is good, but it is in the wrong
location. He asked the Board to have the
applicant go back to the drawing board and work out another location within the
2,500 acres that is owned by his family and respect his clients’ investments.
Mr.
Richey, Attorney, representing the applicant, gave his closing remarks, noting
that the property that is zoned Agriculture, which is part of the overall 2,500
acres, would be closer and probably more noxious than the proposed site,
because of the dense buffer that exists between it and Tradds Landing, which is
approximately 700 feet wide. He stated
that, if there was a problem with the perception of odors in the area, caused
by the land application, it was going to be done away with, and the proposed
operation cannot help but benefit everybody that has come before the Board this
date and raised concerns about it. He
further explained why the applicant chose to locate his operation on the 40
acres in question, at which time he noted that, with the conditions that were
discussed and the limited uses that are on the site plan, he feels the Board’s
vote of approval, providing for the CUP’s use, under the terms and conditions
that staff suggested to the Board, with the requirement that no lime be used in
the operation, protects the neighborhood and allows the applicant to improve
the situation that could go on for years.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
Commr. Renick stated that she had some concerns about the request, at which time she questioned Ms. Denise Judy, Program Manager, Domestic Waste Permitting Section, Orlando Central District Office of the Department of Environmental Protection (DEP), about what could be done regarding the odor problem and questioned whether the residents could be assured that there will be no off site odor emitted from the operation, to which Ms. Judy responded that the pilot study that she visited had no odor. She stated that problems with compost facilities in the past has been due to the composting of food waste, which causes very noxious odors, and some other problems that some of the facilities had were associated with rainfall, but, since the proposed operation will be under cover and completely isolated from rainfall, it should not produce any odors. She further elaborated on the matter, noting that the pilot program for the dewatering and treatment of the wastewater involves pretty standard technology and the DEP would expect it to be permitted, before it is put into operation, which should alleviate any concerns about it. She informed the Board that the way land application of residuals is currently being done was started in 1991, noting that, before that, they were permitted through the Solid Waste Department. Since then, the DEP has gradually been adopting regulations that provide the kind of protection and assurances that people need for the environment and public health, especially as agricultural lands are encroached upon by development.
A brief discussion occurred regarding Senate Bill 392 and what it requires, at which time Ms. Judy stated that, when it was adopted last year, it was designed to prevent phosphorus loading within the St. Lucie/Caloosahatchee/Okeechobee water sheds, and the north end of that water shed encompasses part of the applicant’s property. She stated that the Bill requires, as of January 1, 2008, that any new AUPs (Agricultural Use Plans) could not be approved within the Basin, unless they showed no net phosphorous loading, which means that any phosphorous that is brought on to the site in a residual product must be removed from the site, which she elaborated on. She noted that all their permits are for five years, which means that it would gradually be phased out, starting with January 1, 2009, unless they do the no net loading demonstration, or if the residuals are treated to the Class “AA” standard and then registered as a fertilizer, in that fertilizer can still be used in the Basin.
Further discussion occurred regarding the request, at which time Commr. Renick, as well as Commr. Stewart and Commr. Hill, noted some concerns they have about the request.
Commr. Renick suggested postponing the CUP portion of the request and have it come back before the Board with any changes being requested this date in the Ordinance, so that the Board would have it in front of them and know that all the protections for the residents were in it.
Mr. Sheahan interjected that, if the Board was inclined to approve the request with some additional conditions, all the people necessary to make those changes were present, so they could be made and the people that were present could see the final Ordinance.
RECESS AND REASSEMBLY
At 3:30 p.m., the Chairman announced that the Board would recess for 10 minutes, to allow staff to make changes to the Ordinance, as suggested.
REZONING CASE NO. PH28-08-2 – R-4 TO A – JOHN ARNOLD PROPERTY AND
REZONING
CASE NO. CUP08/10/1-2 – CUP IN A – JOHN ARNOLD RESIDUAL
FACILITY
– CLERMONT (CONT’D.)
The
Chairman reconvened the meeting.
Mr. Sheahan informed the Board that he met with the attorneys for both sides, as well as with staff and the DEP consultant, Ms. Judy, and came up with some additional conditions to be placed in the Ordinance, which he reviewed with the Board.
Commr. Renick suggested that language be put in the Ordinance stating
that there shall be no off site odors and that, if the applicant does not abide
by said requirement, the Board will be able to revoke the CUP, to give the
residents of Tradds Landing some protection.
She asked that the CUP also be required to be brought back before the
Board in one year.
On
a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by
a 5-0 vote, the Board upheld the recommendation of the Zoning Board and
approved Ordinance No. 2008-77, John R. Arnold, Trustee, Richey & Cooney,
Rezoning Case No. PH28-08-2, a request to rezone the applicant’s property from
Medium Suburban Residential (R-4) to Agriculture (A), to expand his
agricultural operations, with additional conditions being placed in the
Ordinance, as follows:
1. The buffer shall be placed in a
conservation easement, to ensure that it is not cleared, or trees removed.
2. Only pretreated materials from a
Department of Health or Department of Environmental Protection certified
wastewater facility can be accepted.
3. Materials accepted shall not contain
bulking agents or lime.
4. The applicant agrees to an amendment of
existing CUPs (89/10/1-3, 03/4/1-2, 00/8/2-2, and 95/1/2-2) east of Hwy. 27, to
sunset within 12
months
of initiation of operation of residual management facility, as granted in this
CUP, with amendment to be brought back before the
Board
for approval.
5. Access to the facility will be from
Frank Jarrell Road only.
6. No odors produced by the facility to go
offsite.
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously,
by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and
approved Ordinance No. 2008-78, John R. Arnold, Trustee, Richey & Cooney,
John Arnold Residual Facility, Rezoning Case No. CUP08/10/1-2, a request for a
Conditional Use Permit (CUP) for property in the Agriculture (A) Zoning
District, to allow the construction and operation of a Residual Management
Facility (Wastewater Treatment Plant and Composting Facility), converting
treated Class “B” biosolids into Class “AA” reclaimed water for irrigation, and
create fertilizer meeting Class “AA” standards, for use with citrus and hay
production, with the same additional conditions being placed in the Ordinance
that were placed in Ordinance No. 2008-77.
REZONING
CASE NO. PH49-08-2 – AMEND ORDINANCE NO. 2002-32 – ROOM 4,
INC.
AND JOHNS LAKE PLAZA HOA, INC./ANITA R. GERACI, ESQUIRE, ON
BEHALF
OF HEADQUARTER ORLANDO, LLC – CLERMONT
Mr.
Brian Sheahan, Planning and Community Design Director, Growth Management
Department, presented this request, stating that the site in question is
located east of the City of Clermont, on the south side of SR 50, approximately
one-quarter mile west of the Lake/Orange County line, at which time he
displayed an aerial of the site (contained in the Board’s backup material),
which he reviewed with the Board. He
indicated that the request was to develop a car dealership, in addition to the
Planned Commercial (CP) uses already allowed in the Ordinance, which is
approved for up to 80,000 square feet of retail/commercial/professional
office/and medical uses, permitted through Ordinance No. 2002-32 and platted as
Johns Lake Plaza. In order to develop
the property as a car dealership, the amendment before the Board this date was
required. The site is located within the
Urban Expansion, Community Activity Center, and Employment Center Future Land
Use Category, located within the Lake Apopka Basin. The proposed use is allowed in the Urban
Expansion Future Land Use Category and Community Activity Center. The concept plan shows the proposed layout of
the dealership and the request is consistent with the County’s Comprehensive
Plan and Land Development Regulations.
He noted that staff had forwarded the Board a memorandum containing some
additional conditions, based on concerns raised by adjacent property owners,
which have been discussed with the applicant and are amendable, as
follows: Service bay ingress and egress
doors shall only face east and west; water conservation measures will be added
for all landscaping; the building shall be certified as a LEEDS “green”
building; any fuel tanks shall be above ground and located a minimum of 240
feet away from any private water well line south of the property; any fuel
tanks shall meet all state and federal regulations related to permitting; hours
of operation shall be limited from 7:00 a.m. to 9:00 p.m., with service hours
being limited from 7:00 a.m. to 6:00 p.m.; deliveries of material and/or
vehicles shall not occur between the hours of 7:00 a.m. and 7:00 p.m.; delivery
trucks shall not idle on the site between the hours of 7:00 p.m. and 7:00 a.m.;
there will be no deliveries after 6:00 p.m.; a 6 foot masonry wall shall be constructed
along the rear south boundary, which shall measure 6 feet high from the crest
of Jefferson Street; landscaping shall remain on the outside of the wall;
on-site lighting levels shall be reduced 50% during non-operation hours and, in
accordance with photometric plan, which requires that they be “dark sky”
compliant, to prevent light from trespassing onto the residential uses; site
lighting shall also be consistent with Clermont JPA requirements; there shall
be no outdoor public address system, outdoor amplification system, or outdoor
loud speakers; and there shall be no vehicular access from Jefferson
Street. He stated that, with the added
conditions, staff was recommending approval of the request.
The
Chairman opened the public hearing.
Ms.
Anita Geraci, Attorney, representing Headquarter Orlando, LLC, addressed the
Board stating that her clients have been meeting with county staff for over
eight months, working on this project.
She stated that they have been in the car dealership industry in excess
of 35 years and have dealerships located in south Florida, with good customer
relations and a good track record, thus, the reason Honda agreed to grant them
a Letter of Intent, which was approved by the Board in the Spring of 2008. It is a family owned business and they will
be moving members of their family to the Lake County area and enrolling them in
the County’s schools. It is not a
project that will be built and then the owners move away and not monitor what
is going on – they want to be good citizens and neighbors. She discussed what the proposed dealership
will bring into the County, noting that there will be state and local tax
contributions in excess of $3 million per year; it will create 80 to 100 jobs,
which will not be jobs that will be created from the construction and site
development of the property; it will create approximately $5 million in
salaries and wages; preference will be given to local builders and
sub-contractors; and it meets all the County’s Land Development Regulations (LDRs)
and the Joint Planning Area’s (JPA) LDRs.
She commented that, comparing what is currently permitted and approved
for the site with what the applicants will be providing to the County, they
could place an 80,000 square foot retail/commercial/professional office/medical
use at the site, but, instead, are proposing a 48,000 square foot use. She discussed the amount of trips that will
be generated by the proposed dealership, versus what is currently generated
from the site; the fact that there will only be one tenant, versus
approximately 27 to 36 tenants, which is what a different use would allow under
the zoning classification; and what the setback for the building from Jefferson
Street would be; the fact that the applicant will use public sewer and water,
as opposed to the nine septic tanks that would be allowed, as currently zoned;
the fact that they are implementing LEED standards and seeking certification at
the platinum level, noting that there is currently no requirement that the
project be developed with LEED standards; there will be a 6 foot high wall
buffering the residential area, noting that there is currently no requirement
for same, so the residents would be facing a metal building, with four bay
doors.
Ms.
Geraci informed the Board that she and the applicant met with the citizens,
prior to attending the City of Clermont Council Meeting, to try and understand
what their concerns were, in the hope that they could be addressed, and they
met with approximately 10 to 15 homeowners and went over the site plan that was
submitted to the County in November of this year and let them know that a lot
of their issues have been addressed, however, pointed out the fact that they
did make some additional concessions. With
regard to noise and deliveries, she noted that the time period for same has
been limited; the service area that will be built has a high speed insulated
roll up door, but it will be kept closed, because it will be an air conditioned
building. She discussed the construction
materials that will be used and the fact that they exceed local building
requirements and the Florida Building Code, which will help keep the noise
within the building and not affect the residents. She commented that there will be a PA system,
but, because the owner does not like to use one, she could guarantee that it
will not be used, even if it were not a part of the Ordinance. She discussed the issue of privacy and the
fact that there will be landscaping planted along the wall, along with some
landscaping that currently exists there.
She discussed issues that the residents had about the proposed
dealership and elaborated on the list of conditions that Mr. Sheahan reviewed
with the Board. She noted that the
residents also had a concern, with regard to a traffic signal being located at
Lake Boulevard and SR 50, which is an issue with the Florida Department of
Transportation (FDOT), however, noted that she did confirm with them that a
signal will be installed at that location.
Ms.
Geraci stated that the applicant is currently going through a process with the
Lake-Sumter Metropolitan Planning Organization (LSMPO), FDOT, and the County,
regarding transportation concurrency, and will have to meet any of those
conditions. Concerns that the residents
have about water on the road currently exists and the applicant cannot do
anything about it – hopefully, FDOT will rectify it as they widen SR 50. She pointed out the fact that the proposed
project will have a water reclaiming system, reclaiming water from the roof of
the facility, as well as from the air conditioning system, which will be used
in the restrooms and for irrigation. The
facility will have solar panels that will provide electricity for 15% of the
total energy consumption for the building and the use and there will be
numerous internal monitors and controls that will regulate the interior
lighting levels, as well as the heating and cooling system, which will maximize
energy efficiency for the building. The
20 foot wide landscaped buffer will be along SR 50 and there will be no
vehicles in the right of way, as there are with other projects along the
highway, and they will be using Florida Friendly Landscaping Principles, as
well as a micro-drip irrigation system.
She stated that she had over 50 letters of support from residents and
business owners in Lake County (Applicant’s Exhibit A), which were submitted,
for the record, and the applicants have done everything they can to meet the
residents’ concerns and shield them from the proposed dealership. She commented that the proposed project has
also received unanimous approval from the Zoning Board, as well as from the
City of Clermont, with the conditions that were forwarded to the Board, and she
believe it is an excellent project that should be the model for future development
in the County.
Mr.
Tony Jimenez, the architect for the proposed project, addressed the Board and
discussed the issue of lighting for the dealership, noting that the JPA
requirement is 1.0 foot candles at the perimeter of the property line, but the
dealership will have 0.2 foot candles, which is a great reduction in the
lighting. He noted that one hour after
the shop closes, there will be a 50% reduction in the lighting, so there should
not be any lighting intrusion on the surrounding neighborhood, or into the sky.
Ms.
Gayle Harris, a resident of the area, addressed the Board, in opposition to the
request, stating that there was not only the rezoning issue, but an issue
involving the vacation of the plat, which the Board had started to address earlier
in the meeting, but put on hold until the rezoning could be addressed. She noted that, during that discussion, Ms.
Geraci indicted that she represented Mr. Neil Britt, but in being asked by the
Board as to who she was representing, she stated that she was representing
Orlando Headquarters, LLC. She informed
the Board that Ms. Amy Wright, who was instrumental in a lot of things that
happened involving the Prestige Concrete case that came before the Board, was
unable to attend this meeting, but had sent a letter (Opposition’s Exhibit A)
in opposition to it, which she read into the record. She indicated that Ms. Wright had attached to
her letter a copy of the Petition to Vacate the Plat of John’s Lake Plaza,
pointing out the fact that it had not been notarized; therefore, the County did
not have proper authorization from the owner to vacate it, so she felt the
Board should deny the request. She
commented that she had attended every meeting involving the proposed Honda
dealership and Mr. Britt was not present at any of those meetings. She informed the Board that several of the
residents in her neighborhood are opposed to the proposed dealership, because
there is zero clearance between their neighborhood and where the dealership is
supposed to be constructed.
Mr.
Al Kemlines, a resident in close proximity to the proposed dealership,
addressed the Board, in opposition to the request, stating that he preferred to
have on the site one of the other allowed uses, being a professional office, a
medical building, etc., rather than a car dealership, in that he feels it
limits the amount of people, the amount of traffic, and the hours of
operation. He feels there are a number
of other sites along SR 50 that are available, which are already zoned for this
type of business, where the dealership could be located, without there being
any neighborhood intervention and it being a burden to the nearby
residents. He stated that the residents
were also worried about the issue of “vehicular sales”, noting that it did not
give them any safeguards, if the applicant chose to put in some other type of
vehicular sales, other than a Honda dealership, as proposed. He commented that “vehicular sales” could
mean anything and, in order to protect the residents, they would request that
certain measures be taken, which he reviewed with the Board, contained in a
seven page document that was submitted, for the record, in a packet
(Opposition’s Exhibit B) containing a list of names of people who were opposed
to the request. He noted that the
residents would like to have the assurances that he reviewed with them in
writing.
Mr.
Charlie Krauss, a resident of the area, addressed the Board, in opposition to
the request, and questioned how the applicant planned for their ingress/egress
to be located on the site, noting that, as he saw it, there was only one access
available, which he was informed would be off of SR 50. He addressed concerns that he and other
residents have about the issue of the fuel tank; lighting, and the fact that
they would like to have the “dark sky” requirement implemented; and the fact
that they would like the applicants to only do what they are proposing to do,
which is to put in a Honda dealership, and nothing else.
Ms.
Doris Powell, a resident of the area, addressed the Board, in opposition to the
request, stating that she probably lives at the highest point on Jefferson
Street and that something that is very important to her is that her
neighborhood be protected, noting that the Board is all they have to provide them
with that protection and help them keep their neighborhood the nice
neighborhood that it is.
Ms.
Glenda Mahaney, a resident of Tavares, addressed the Board stating that a few
years ago an individual who sells and repairs cars located his business next door
to where she lives and the residents in the area were promised that the
business would be restricted to certain opening and closing hours; however, the
owner did not abide by those hours, but nothing was done about it, due to the
fact that the County’s Code Enforcement Department was not accessible on the
weekends, or after hours, and she felt the residents involved with this case
should be given a number that they can call to get code violations reported on
the weekend.
It
was noted that the regular Code Enforcement number is now available on the
weekends.
Mr.
Jimmy Crawford, Attorney, representing Schmidt Construction and Development, a
large commercial developer whose headquarters have been in the Clermont area
since 2002, addressed the Board, stating that they are fully LEED certified and
a member of the U.S. Green Building Council, with approximately 25 employees
and 200 to 300 subcontractors working in Lake County. He stated that the economy is killing them,
noting that they are lucky that they have enough on the books next year to
equal what they have done this year, but after that they have nothing on the
books. New construction is drying up
around them, so, when a development comes along that is of the quality of the
proposed Honda dealership, they feel that the things that have been offered by
same takes commercial construction in the County to a new level and they are
glad to see it. He stated that, as a
reformed land use attorney, he understands the neighbors’ concerns, but he
feels what they are afraid of is the unknown and the fact that they have been
lied to in the past. He informed the
Board that they have the power to make sure that the promises that have been
made is enforced, which the County has not always done a great job of in the past,
but he knows they know how to do it - write it in black and white in the
Ordinance. He testified to the fact that
all the things that the residents are requesting, such as “green” building,
buffers and walls, gas tank separation, no outside speakers, “dark sky”
standards, and limited hours of operation, are all things that they would not
get with a straight zoning. He displayed
the currently approved site plan (Applicant’s Exhibit B) for Johns Lake Plaza,
Lot 8, pointing out the area where the homes of the residents that have come
before the Board in opposition to this request are located, at which time he
addressed what has happened in the past that has caused the residents some
concern. He informed the Board that he
is in favor of the proposed dealership being constructed in south Lake County.
Ms.
Geraci, Attorney, representing the applicant, readdressed the Board and gave
closing remarks, noting that included in the Board’s packet was an Owner’s
Affidavit, executed and notarized by Mr. Britt, authorizing her to represent
him on the rezoning request. She stated
that she told the owners that she does not represent Mr. Britt and has not done
so; however, there was an issue that was raised recently, with regard to the
vacation petition. She indicated that,
in an abundance of caution, she had Mr. Britt give her the power of attorney
(Applicant’s Exhibit C) to represent him on the vacation petition this date,
which she submitted, for the record. She
stated that her clients (Headquarter Orlando, LLC) were granted the project,
because they have a good sales history and the capital to build the
dealership. They did the demographics
and determined that south Lake County was the appropriate site for the
dealership and she feels, to have to find another site at this late date in the
process, would jeopardize the project.
She commented that it is going to be LEED certified, which is a very
expensive process, so it would not be cost effective for them to change it from
a “new” car dealership. They are going to
seek “platinum” certification and are going to do everything they can to
achieve it and hope to do so, but it is not up to them – it is based on
points. She stated that they cannot
guarantee “platinum” certification, but the project will be LEED certified. She commented that the City of Clermont
indicated that they will not require the residents and property owners to
connect to city water and sewer, even though it will be available in that area
in the near future. With regard to the
zero foot clearance, under the current site plan, it is a 68 foot setback and
the project well exceeds that, so it will be located a good distance from the
residents. She briefly discussed the
pedestrian access gate and the reason why it was located in the wall that will buffer
the dealership from the residents.
There
being no further individuals who wished to address the Board, the Chairman
closed the public hearing portion of the meeting.
Commr.
Renick informed the Board that she had compiled a list (County Exhibit A) of
some things that the City of Clermont had asked for and what she had gotten
from different emails and thoughts that she had about the proposed project,
which she distributed to the Board, for their perusal, and submitted, for the
record. She stated that the property
currently contains the infrastructure for nine businesses, so, if the site was
left as is, 80,000 square feet of commercial uses could be put there, versus
the 48,000 square feet that is being proposed by the applicant for the Honda
dealership. At this time, she reviewed
said list, which contained thirteen (13) conditions, the thirteenth being a
request from the City of Clermont asking that the dealership be built
specifically to the City’s LDRs, which she noted Ms. Geraci had indicated would
not be a problem.
Ms.
Geraci interjected that her client had agreed to the JPA’s LDRs, noting that
they had not addressed the City’s LDRs.
Upon having it pointed out to her that the City indicated in their
letter that her client had agreed to their LDRs, she stated that she thought
they were agreeing to the JPA’s LDRs – she did not realize it meant the City’s
LDRs.
Commr.
Renick stated that, with all that the adjacent neighborhood has been through,
she did not feel that Condition No. 12, which requires that the Board see the
final site plan, was too much to ask, in that the project is a large one and it
is very important to the area that the Board see it, to ensure that everything
that is put in place today is in the plan.
Discussion
occurred regarding the list of conditions, at which time Commr. Cadwell noted
some changes that he felt needed to be made in the list and the reason for said
changes.
With
regard to the hours of operation, Ms. Geraci indicated that her client had
agreed to the service hours of operation being 7:00 a.m. to 7:00 p.m. She stated that, regarding the fuel tank
issue, her client is required to stay away from potable wells by 100 feet; they
are agreeable to 240 feet for wells that are located south of the proposed
site, noting that they cannot agree to 250 feet across the board, but they will
meet the requirements of the Department of Environmental Protection; they
cannot agree to Condition No. 6, which requires that all hydraulic lifts be
above ground, noting that some fluid is going to be on site; nor can they agree
with Condition No. 8, that only a franchised dealership will be allowed, noting
that they are willing to abide by it for a certain number of years, but they
cannot guarantee it for the life of the ownership of the property.
It
was suggested that the language pertaining to Condition No. 8 be changed to
read, “Only a franchised dealership will be allowed for the first ten years of
operation, but used car sales as an accessory use is permissible.”
Ms.
Geraci stated that, with regard to the LDRs, her client feels they meet the
intent of the City’s LDRs.
Mr.
Jimenez informed the Board that, with regard to Condition No. 6, regarding the
hydraulic lifts, all the new systems are self-contained, so nothing will leak
out onto the ground.
Commr.
Conner stated that he was a little confused as to who Ms. Geraci was actually
representing, at which time he questioned her regarding the matter.
Ms.
Geraci responded that she was representing Headquarter Orlando, LLC, who is the
developer that will construct the building and operate the business. She stated that Mr. Britt, whose business is
Room 4, Inc, is the owner of the property, and Headquarter Orlando, LLC has a
contract to purchase it from Mr. Britt, with the closing scheduled to be held
next week, if the request before the Board this date gets approved.
Commr.
Conner stated that he was impressed with the request before him and that he
felt the Board could not overlook the economic impact that this request will
have on Lake County, which is a very positive one. He noted that he would be in support of the
conditions that Commr. Renick presented to the Board, for approval.
Commr.
Renick informed the Board that the neighbors did not bring up the issues of the
hydraulic lifts, or the storage of fuels, that they were conditions that she
added and, since there is new technology that will give the neighborhood some
protection regarding them, she would be willing to delete them from the list of
conditions. She questioned whether the
deadening wall, addressed in Condition No. 4, needed to be 8 feet tall, rather
than 6 feet, if it is built from the crest of Jefferson Street.
It
was determined that the wall would be 6 feet tall, rather than 8 feet, due to the
fact that, at the highest point of Jefferson Street, if the wall is constructed
6 feet above the crown in the road, it will be 10 feet high.
Commr.
Renick stated that, although Ms. Geraci had not had time to review the City’s
LDRs, she did not feel they would contain much more, in the way of
restrictions, than what there would be with the JPA’s LDRs, to which Mr. Jimmy
Crawford, Attorney, interjected that he had been through that process several
times and that he felt, although they might not be that much more intrusive, he
felt it would be difficult to ask the applicant to agree to them this date, not
knowing what they actually require, which he elaborated on. He questioned what the JPA standards were
for, noting that they do not mean anything, if nothing is ever built to them,
commenting that, if every time anything being proposed within the JPA comes
with the City of Clermont’s comments that they want it built to their
standards, then three years of going through the negotiation process were
wasted. He informed the Board that he
felt they should not be required to go beyond the JPA’s standards, which is
what was adopted by the County, especially in light of everything else that
they have given up.
It
was noted that, even though Commr. Renick would prefer that the applicant
adhere to the City of Clermont’s LDRs, she would agree to them adhering to the
JPA’s LDRs.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2008-79, Room 4, Inc. and Johns Lake Plaza HOA, Inc., Anita R. Geraci, Esquire, on behalf of Headquarter Orlando, LLC, Rezoning Case No. PH49-08-2, with additional conditions being placed in the Ordinance, as follows:
1. Orientation of building: Service bay doors shall face east and west, away from the residential neighborhood.
2. Hours of operation shall be from 7:00 a.m. to 7:00 p.m.
3. No delivery trucks after 7:00 p.m. or before 7:00 a.m. Delivery trucks may not unload in the rear of the property next to the residential
neighborhood.
4. A sound deadening wall 6 feet tall shall be constructed along the rear of the property, to be measured from the crest of Jefferson Street and snake
around the already established trees.
5. If a fuel tank is allowed, it must be above ground and located 240 feet from any private well to the south and must abide with state and federal
regulations everywhere else.
6. Only new buildings are to be constructed – no portables.
7. Only new car vehicular sales will be allowed for the first 10 years of operation, but used car sales as an accessory use will be permissible.
8. No ingress or egress off residential streets allowed. No parking of cars allowed in landscape buffer or right of way.
9. Lighting will be “Dark Sky” lighting.
10. The final site plan, upon completion, shall be brought back to the Board for review, as a courtesy to the residents of the area, who have been
seriously disappointed in the past.
11. The JPA’s Land Development Regulations shall be abided by.
VACATION PETITION NO. 1146 – R.
NEIL BRITT/REPRESENTATIVE ANITA R.
GERACI, ESQUIRE – CLERMONT
(CONT’D.)
The Chairman reopened the public hearing pertaining to this vacation petition, which had been briefly discussed earlier in the meeting, but then postponed until after the rezoning request could be addressed, since the rezoning request involves the same parcel of property.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2008-198 - Vacation Petition No. 1146, R. Neil Britt/Representative Anita R. Geraci, Esquire, to vacate the entire Plat of John's Lake Plaza, in the Clermont area - Commission District 2, as presented.
REZONING (CONT’D.)
REZONING CASE NO. PH59-06-3 –
REZONE FROM MP, LM AND R-6 TO PUD –
HORGO SIGNATURE HOMES – TAVARES/MT. DORA
Mr. Brian Sheahan, Planning and Community Design Director, Growth Management Department, presented this case, stating that the applicant was requesting to rezone property from Planned Industrial (MP), Light Manufacturing (LM), and R-6 Zoning Districts to a Planned Unit Development (PUD), to allow a mixed use development, consisting of a maximum of 70 townhouses, with recreational facilities and 9,000 square feet of commercial space. The site is located on Old Hwy. 441/Alfred Street, between the Cities of Tavares and Mt. Dora, more specifically between Lakeview Street and Saunders Circle, on Lake Saunders. It is located within the Employment Center - Old Hwy. 441/Alfred Street Corridor, as defined in the County’s Comprehensive Plan. The request is not consistent with Comprehensive Plan Policy 1-1.15:5, which prohibits residential uses within an Employment Center designation; therefore, staff was recommending denial of the request. The applicant requested from the Zoning Board an additional continuance, but staff recommended against that continuance, due to the fact that 120 days had already been granted and it is not going to change the fact that the request is inconsistent with the Comprehensive Plan. He stated that the Zoning Board recommended denial, without prejudice, by a 7-0 vote.
The Chairman opened the public hearing.
Mr. Phil Horvath, Managing Partner for GHL Development, LLC, the owner of the property in question, addressed the Board stating that in the Fall of 2005, he approached the Zoning Board about rezoning the property, which he did not own at the time, and was informed by the County as to what he needed to do to change the zoning on the property. He stated that he was a professional homebuilder and purchased the property with the intention of building affordable townhouses on it. He stated that he spent $1.1 million on the property, only to be told two days before the meeting that the zoning classification on the property would never be able to changed, because its future land use classification was for an employment center. He stated that there were three things that he was required to do, in order to be able to build on the property, and the only thing that is holding him up is the County’s inability to change the zoning classification. He stated that the chances are very good that the property is going to revert back to its original owner and, if it does, he and his partners will lose $420,000. He did not understand losing that kind of money, when he had done his due diligence, and, because of someone else’s mistake, will have to eat that cost. He asked that the Board grant him another continuance, to allow him time to try to obtain some additional money, noting that the cost to clean up the property at this time is $90,000, so the chances are, if something cannot be worked out, the County is going to own the property and then the Board is going to have to answer to the taxpayers about fixing the benzene contamination that exists on approximately one-third of the property, from car lifts. He stated that the property is an eyesore and has been for many years, so county staff loved his conceptual plan, which would have beautified the area. He stated that the County made a grievous error, noting that he originally met with county staff in March of 2006 and, at that time, they should have informed him that he would never be able to change the zoning on the property to what he would like for it to be and he would have walked away, but they misled him for one and a half years.
Commr. Conner questioned why Mr. Horvath did not purchase the property contingent upon it being approved by the Board, to which Mr. Horvath replied that that was a mistake on his part. He noted that the County offered to help him, if he wanted to do something else with the property, but with that would come more costs for a new conceptual plan.
Ms. Glenda Mahaney, a resident of the property adjoining Mr. Horvath’s property, addressed the Board and asked that they deny the request, because of the amount of townhouses that are being proposed to be constructed on the property, noting that she did not want to live next to 75 units on Lake Saunders, further polluting the lake. She stated that another problem exists with the request, in that Mr. Horvath does not have a full ten acres to build on, and there is a problem with the section lines, as well, which needs to be corrected. She stated that there is a boundary discrepancy involving not only the property in question, but on some surrounding properties, which occurred a number of years ago and has been perpetuated by county staff and by the people who drew the section lines for the GIS mapping system. She stated that those lines are required by federal law to stay where they were drawn by the original surveyors, but there is proof that section lines in the County have been moved, not just involving this property, but other properties, as well. She commented that she felt the Board should call a moratorium on rezoning until the section line issue is straightened out. She indicated that it was implied in the application that sewer and water would be provided by the City of Tavares, however, noted that was not accurate, in that the City offered them a water hookup, but sewer services would not be available, in that the City of Tavares has no plans to do that. She informed the Board that the City recommended denial of this request, noting that they cannot go across her property with their lines and there is no road right of way available to them.
Ms. Corinne Garrett, a resident of the area in question, addressed the Board stating that she concurred with the findings of staff and was opposed to the request, noting that 75 townhouses amounts to 75 apartments, which amounts to a negative impact on a 325 acre lake that cannot sustain 75 more families and maintain the eagles, sand cranes, red tail hawk, and black hawk that live on the lake and rely on it for sustenance and on the stand of Australian pines that borders one of the perimeters of the lake. She informed the Board that she felt bad about what happened to Mr. Horvath, but that she and her husband have a vested interest in the lake, as do the other single family homeowners that live on the lake. She stated that Mr. Horvath is a builder, so he could build a nice strip mall, or doctor’s offices, or a restaurant – something with a lower density and still make money on the property and not impact the ecology. She feels he could even sell condominium space to doctors, lawyers, accountants, or professionals and still recover money that he has lost on the property.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and denied, without prejudice, Rezoning Case No. PH59-06-3, GHL Development, LLC, Horgo Signature Homes, a request to rezone properties from the MP, LM, and R-6 Zoning Districts to a Planned Unit Development (PUD), to allow a mixed use development, consisting of a maximum of 70 townhouses, with recreational facilities and 9,000 square feet of commercial space.
REPORTS – COUNTY MANAGER
BUDGET
BOOKS AND UPCOMING AGENDA
Ms. Cindy Hall, County Manager, informed the Board that the Budget books were distributed to them, which she feels they will find very informative; and the Agenda for the December 2, 2008 Board Meeting was ready for their perusal, as well.
REPORTS – COMMISSIONER CONNER – DISTRICT 3
FLORIDA ASSOCIATION OF COUNTIES
Commr. Conner stated that he attended the recent Florida Association of Counties (FAC) meeting and was impressed with the networking and good reputation that the Chairman, Commr. Cadwell, has with the FAC, which he benefited from.
REPORTS – COMMISSIONER CONNER –
DISTRICT 3
LEESBURG PARTNERSHIP BOARD
Commr. Conner informed the Board that he was asked by the Leesburg Partnership to serve on their Board and received the Board’s support to do so.
REPORTS – COMMISSIONER CONNER – DISTRICT 3
DECORATING OF BOARD OFFICE
Commr. Conner thanked his wife for taking the time to decorate his new office, noting that she put a lot of hard work into it, which he appreciated, and that he was very proud of it. He noted that he would also like to thank everyone for the warm welcome and support that he has received, since taking office as Commissioner of District 3.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 1
BOY SCOUTS OF AMERICA’S EAGLE
DINNER
Commr. Cadwell stated that each year the Boy Scouts of America tap one of the Commissioners to host their Eagle Dinner and that he has been asked to do so this year and wanted to obtain Board approval to use county stationery for the cause.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved for Commr. Cadwell to use county stationery, with regard to the request from the Boy Scouts of America.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 1
MEETING WITH REPRESENTATIVES FROM
CITIZENS FOR BETTER
GOVERNMENT AND HOME BUILDERS
ASSOCIATION OF LAKE COUNTY
Commr. Cadwell informed the Board that he had received a request from a member of the group, Citizens for Better Government, asking that he meet with said individual, along with representatives from banking, mortgage companies, realtors, building companies, commercial building companies, supply companies, trade companies, labor companies, development companies, realty attorneys, property appraisers, and, hopefully, the new Lake County Superintendent of Schools, Ms. Susan Moxley, regarding some issues of concern, as well as with an individual from the Home Builders Association of Lake County, who has also requested that he meet with him, and asked whether the Board was interested in him doing so and discussing issues they have with the County.
Commr. Stewart stated that she had an alternative idea, being that the Board meet with some private entities that are creditable and respected, such as the Home Builders Association, the Chamber Alliance, Community Services, the Growth Management Department, the Affordable Housing Committee, some non-profits, such as Habitat for Humanity, Homes in Partnership, etc., noting that housing is a big issue and is a concern that the County needs to be dealing with, however, she has a real problem meeting with the group that Commr. Cadwell alluded to, in that she feels it would be giving validity and credibility to said group, which she feels has maliciously and falsely accused a few Commissioners.
Commr. Renick stated that she would encourage a Housing Summit and that, if it were held in the Board Chambers, it could be televised.
Commr. Hill interjected that, if the Board did have a workshop, where they did include the Home Builders Association and had them give the Board a presentation, she would like to know what would be on the Agenda – whether it would be housing and only about new construction housing, or whether it would include affordable housing, as well.
It was noted that the meeting would not be about the issue of housing, but about jobs.
Commr. Conner commented that he would agree with the Board, in that they would like to have a civil dialogue and not personal attacks, but that he felt the request was too narrow. He stated that, if the Board was going to host something like that, it should not be limited to just housing, but to jobs and being more business friendly, noting that he felt limiting it to just housing would be too restrictive.
It was determined that Commr. Cadwell would meet with said individuals, as requested, and report back to the Board at a later date, at which time they can make a decision about what they want to do.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:55 p.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK