DRAFT MINUTES LAKE COUNTY LOCAL PLANNING AGENCY … · LAKE COUNTY LOCAL PLANNING AGENCY FEBRUARY 23, 2007 The Lake County Local Planning Agency met on THURSDAY, FEBRUARY 23, 2007

DRAFT MINUTES

LAKE COUNTY LOCAL PLANNING AGENCY

FEBRUARY 23, 2007

The Lake County Local Planning Agency met on THURSDAY, FEBRUARY 23, 2007 at 9:00 a.m. in the Commission Chambers on the second floor of the Round Administration Building in Tavares, Florida. The Lake County Local Planning Agency considers comprehensive planning issues including amendments to Lake County’s Comprehensive Plan and the Land Development Regulations. Members Present:

David Jordan, Vice-Chairman District 1 Rob Kelly District 2 Michael F. Carey District 3 Peggy Belflower District 4 Nadine Foley, Chairman District 5 Keith Schue, Secretary At-Large Representative Vicki Zaneis At-Large Representative Members Absent: Cindy Barrow School Board Representative Sean Parks At-Large Representative Staff Present:

Lechea Parsons, Assistant County Attorney Brian Sheahan, AICP, Chief Planner, Planning & Community Design Alfredo Massa, Senior Planner, Planning & Community Design Walter Wood, Senior Hydrogeologist, Environmental Services Francis Franco, Senior GIS Analyst, Planning & Community Design Donna Bohrer, Public Hearing Coordinator, Planning & Community Design

Nadine Foley, Chairman, called the meeting to order at 9:03 a.m. and noted that a quorum was present. She confirmed that Proof of Publication was on file in the Comprehensive Planning Division and that the meeting had been noticed pursuant to the Sunshine Statute.

LOCAL PLANNING AGENCY FEBRUARY 23, 2007

TABLE OF CONTENTS

AGENDA DESCRIPTION PAGE NO. Wekiva Ordinance 3 & 15 Tavares Land Use Recommendations 13 & 16

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CHANGES TO THE AGENDA Brian Sheahan, AICP, Chief Planner, said staff was requesting to continue the Heavy Industrial Ordinance and the Rural Support agenda items. He said staff had not been contacted by the City of Eustis regarding their future land use recommendations. He suggested after review of the Wekiva Ordinance, that the LPA continue to review the Future Land Use Map (FLUM). It was decided to schedule additional meetings on March 23, March 29 and March 30, 2007. PUBLIC COMMENT Robert Curry thought some of the transmitted elements would need to be edited before the Board of County Commissioners’ (BCC) workshop and suggested those edits be placed on the March 15, 2007 agenda. There was discussion about those Comprehensive Plan elements and Alfredo Massa, Chief Planner, said many of the items mentioned by Mr. Curry were simple editorial corrections. He said substantive items would be brought back at the March 15th meeting. Mr. Massa said the BCC workshop would include a review of the statutory requirements for the Plan update and the schedule to review the transmitted elements. Philip Leary, representing the Farm Bureau, said the Bureau’s issues with the Wekiva Ordinance have been addressed and said only a few issues remained for discussion. Rob Kelly discussed the resolution passed at the last meeting and thought their intention to move toward completion expeditiously should be put in writing. Staff said although the LPA can not adopt resolutions, a letter could be written by the Chair to the BCC. MOTION by Michael Carey, SECONDED by Keith Schue to send a letter to the Board of County Commissioners (BCC). Peggy Belflower wanted to be sure the letter stated a resolution had been passed at that meeting and what the resolution was. David Jordan said it was his understanding that this Board does not have the authority to make resolutions. Chairman Foley said the letter would reflect the content of the resolution previously discussed and noted that it passed unanimously. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 Keith Schue said he wanted to thank staff, particularly Mr. Sheahan, for all of the work on the Wekiva Ordinance. WEKIVA ORDINANCE Staff suggested reviewing the ordinance in order and accepting by motion the edits and changes to the previous pages. Mr. Sheahan said Walter Wood, Senior Hydrogeologist

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and staff from the Department of Health had been very helpful in reviewing and drafting the Wekiva Ordinance. MOTION by Keith Schue, SECONDED by David Jordan to accept pages 1-4 as presented. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 MOTION by Keith Schue, SECONDED by David Jordan that the box titled “Conservation” on the Wekiva Study Area (WSA) and Wekiva River Protection Area (WRPA) map shown as Figure 1, be renamed as “Public Conservation Land of January 2007” and to accept page 5. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 There was agreement that unless a member disagreed, the motions would be considered unanimous. There was discussion on definitions suggested by Mr. Schue which had been previously approved by the LPA as part of the 2025 Plan. MOTION by David Jordan, SECONDED by Rob Kelly to accept the definitions submitted as discussed, approving up to page 6. Michael Carey suggested deleting the word “means” from the definition of Aquifer Connection because, in this circumstance, the term was not used in the following paragraph. MOTION WITHDRAWN. MOTION by Keith Schue, SECONDED by Rob Kelly to accept the definitions through page 13, line 19. Mr. Woods suggested eliminating the term “borrow pit” because mines and burrow pits are essentially the same. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 MOTION by David Jordan, SECONDED by Michael Carey to accept page 13

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beginning with line 20 through page 39. MOTION withdrawn. MOTION by David Jordan, SECONDED by Rob Kelly to accept page 13 beginning with line 20 through page 34. PUBLIC COMMENT Robert Curry referred to page 35, Policy 1-20.11, line 30 and asked if it was one district or multiple districts. Staff suggested making district plural and to change “is” to “are.” Jeanne Etter said the SR 46 and CR 437 intersections listed under that policy are part of the Mt. Plymouth Sorrento Planning Area and are included in those policies. Mr. Sheahan explained that this ordinance amends the adopted Plan and the Mt. Plymouth Sorrento Planning Area policies will be part of the 2025 Plan. Mr. Schue referred to item “A” in Policy 1-20.11 and suggested “commercial zoning districts within the WRPA in private ownership” because some of those lands had been purchased for preservation. Mr. Sheahan said the County Attorney may want to address the legal issue of discriminating between those land uses allowed on public lands as opposed to those on private lands. LeChea Parson, Assistant County Attorney, said she would research that issue. MOTION WITHDRAWN. MOTION by David Jordan, SECONDED by Michael Carey to accept changes up through page 35. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 MOTION by Peggy Belflower, SECONDED by David Jordan to remove the reference to “SR 44 in the vicinity of Royal Trials subdivision” from the list of possible commercial sites in Policy 1-20.11. MOTION withdrawn by Peggy Belflower. MOTION by Peggy Belflower, SECONDED by David Jordan to accept pages 36 and 37 with the deletion of line 1 on page 36 referring to Royal Trails subdivision in Policy 1-20.11. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow

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AGAINST: None MOTION PASSED: 7-0 MOTION by David Jordan, SECONDED by Rob Kelly to accept pages 38 and 39. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 MOTION by David Jordan, SECONDED by Michael Carey to combine Policy 1.21.4 with the following policy, to add “and Conservation” to the title of Policy 1.21.5 and to accept page 40 with those changes. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 Mr. Wood said the LDR definition of mining would effectively eliminate borrow pits and the paragraph beginning on line 37 of page 41 in Policy 1-21.9. He recommended removing “borrow pits” and “borrow activities” and to include language similar to “small public purpose mines.” Mr. Kelly preferred eliminating the term “mining” because of the scale issue. Mr. Schue discussed the definition of excavation and how to differentiate between mining, borrow pits or borrow activities. Mr. Carey agreed with Mr. Schue’s definition because the general perception was that mining is a large-scale commercial endeavor. Chairman Foley said the language on page 41 is what was agreed upon. MOTION by Michael Carey, SECONDED by Peggy Belflower to accept the language as shown on page 41. PUBLIC COMMENT Steve Adams, Local Planning Group (LPG), agreed with the sufficiency of this language and said that mining products are processed and permitted through the Florida Department of Environmental Protection (FDEP). He said borrow pit products are not processed and are permitted through the Water Management District (WMD). FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 MOTION by David Jordan, SECONDED by Rob Kelly on page 42, Policy 1-22.3 to remove the word “Based” and to correct “Recreational.” MOTION Amended to add “only” before “urban areas.” FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow

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AGAINST: None MOTION PASSED: 7-0 MOTION by Vicki Zaneis, SECONDED by David Jordan to have policy 1-23.2 read “Lake County shall protect the quantity, quality, and flow of ground and surface waters, associated with resources of Federal, State and regional concern….” on page 43. PUBLIC COMMENT Jeanne Etter said she was representing the Mt. Plymouth-Sorrento Planning Advisory Committee (MPSPAC) and referred to Policy 1-23.1, lines 10 on page 43 and Policy 1-24.1, line 44 on page 43 and asked if the reference to Mt. Plymouth Sorrento Community Urban Compact Node should be deleted. Mr. Schue said this ordinance amends the current adopted Plan. Mr. Sheahan said because zonings are tied to the Urban Compact Node classification, that the reference should remain to support the LDRs. Ms. Etter said that in Policy 1-25.2 beginning on page 46 the “Main Street District” was referenced and it is not part of the current Plan. Mr. Sheahan said staff had elected to leave that reference in because it does not affect the existing LDRs or Comprehensive Plan. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 Ms. Zaneis said that in Policy 1-25.2 on page 45, line 8 the “and” should be deleted and “and intensity” should be added after “size”. Also, the next sentence should begin with “The report and analysis…” plus the addition of “and contaminate reduction both on and off-site.” MOTION by David Jordan, SECONDED by Rob Kelly to incorporate the comments described above from Ms. Zaneis on page 45. MOTION AMENDED to substitute “pollutant” in place of “contaminate” in Poilcy 1-25.1 per staff’s suggestion. PUBLIC COMMENT Robert Curry said location should be plural in Policy 1-25.1 on page 45, line 16. Mr. Schue suggested replacing “contaminants” with “nutrients and pollutants” in line 16. There was general agreement that minor changes to grammar and punctuation would be addressed as the document was reviewed. A comma was inserted in Policy 1-25.1 on

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page 45 line 21 after “state.” The LPA voted to approve pages 44 and 45 as corrected and shown on the screen. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 On page 47 and 48 minor changes to punctuation and grammar were made. PUBLIC COMMENT Robert Curry said the colon should be removed in Policy 1-25.6 on page 49, line 9. MOTION by David Jordan, SECONDED by Peggy Belflower to accept pages 46 through 49 with the agreed upon changes, shown on the screen and enumerated above. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 After a short break the meeting reconvened at 10:40 a.m. Punctuation and grammar corrections were made to page 50. PUBLIC COMMENT Robert Curry said in line 15, that “Prohibit” should be “Prohibition of.” MOTION by David Jordan, SECONDED by Peggy Belflower in Policy 1-25.8 on page 50, line 15, that “Prohibit” should be “Prohibition of”, and in Policy 1-25.10 to add “and pollutants” after nutrients on page 50 in line 39 and to incorporate the punctuation and grammar corrections. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 MOTION by David Jordan, SECONDED by Peggy Belflower to include language shown on screen regarding invasive/exotic plant species on page 51 and to accept pages 52 and 53. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 There was discussion on Policy 7-4A.3 and agreement was reached to add “to” after

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“required” on line 12 on page 54 and to modify line 17 to read “… shall be adopted to specify the required practices.” There were grammatical changes on page 55, line 38 of Policy 7-4A.10 to read “… include intense animal operations…” On page 56, Policy 7-4A.11 it was agreed to remove “to” from line 8, and in Policy 7-4A.14 on line 40 to change “prohibit” to “prohibition of…” On page 57, Policy 7-4A.18 line 37 it was agreed to make “system” plural. Mr. Wood suggested adding “or as appropriate to comply with adopted rules” to the end of line 38. Russ Melling, with Lake County Department of Health, said he would like to have these changes reviewed by the State Department of Health. MOTION by David Jordan, SECONDED by Keith Schue to accept changes to page 57 with the “five year” reference removed. MOTION withdrawn. MOTION by Rob Kelly, SECONDED by David Jordan to accept the changes to Policy 7-4A.18, page 57 which is the addition of “or as appropriate to comply with State rules” and to accept pages 54 through 57. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 Mr. Schue discussed “such as” in Policy 7-4.18, line 35, page 57 and the addition of “or County” before “rule” in line 31. MOTION by David Jordan, SECONDED by Peggy Belflower to remove “or County” from line 31 on page 57, Policy 7-4A.18. Mr. Melling referred to line 38 and explained there were no State applicable rules. Mr. Carey suggested ending the policy after “within the WSA.” Mr. Melling said the five-year pump out was a generally accepted standard and Mr. Sheahan said DCA wants language referencing the Green Swamp program. MOTION by David Jordan, SECONDED by Rob Kelly to remove “or County” from line 31 on page 57, Policy 7-4A.18 and to return to the original language at the end of Policy 7-4A.18, ending that policy with “within the GSACSC.” FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 MOTION by David Jordan, SECONDED by Vicki Zaneis to approve pages 58, 59 and 60 as presented. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis

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ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 PUBLIC COMMENT Steve Adams, Land Planning Group (LPG), thought item 2 under Policy 7-7.12 could make Lots of Record (LOR) in some areas subject to application for a permit for an incidental take. He said one example would be LORs in the Royal Trails subdivision because there are a number of Scrub Jays in that area. Mr. Jordan and Mr. Adams discussed a possible concern regarding a regulatory taking situation. Mr. Adams agreed with staff’s suggestion to insert “or other agency having jurisdiction.” There was discussion on Mr. Schue’s suggestion to include the names of specific agencies. MOTION by Michael Carey, SECONDED by David Jordan to include “or other agency having jurisdiction” in item “2” in Policy 7-7.12 and to approve page 61 as shown. FOR: Foley, Carey, Belflower, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: Schue, Kelly MOTION PASSED: 5-2 On page 62, Objective 6Aj-5, there was agreement the first word on line 34 should read “environmentally.” MOTION by Keith Schue, SECONDED by David Jordan to insert Mr. Schue’s suggested language, which is attached and incorporated by reference in Policy 7-17.4 and to approve page 62. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 PUBLIC COMMENT John Pospisil, in reference to page 49, asked about people wanting to fertilize pastures and would that be affected by policies on chemical applications. Mr. Sheahan commented the item under question was under Policy 1-25.6, Development Design Standards and consequently it would not apply to either farmers or individuals with five acre homesteads. There was discussion regarding a subdivision of five-acre lots and the development process. Mr. Schue page 63, line 30 suggested “onsite wastewater disposal” in place of “onsite wastewater treatment.” He said Total Maximum Daily Load (TMDL) did not apply to groundwater and suggested substituting “achieve discharge limits established by DOH.”

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Russ Melling said the DOH agreed with that change in language. He said “advanced” was a defined term and “enhanced” was not. There was some discussion regarding “Advance and Enhanced.” MOTION by David Jordan, SECONDED by Vicki Zaneis to substitute “Advanced/Enhanced” in place of “Enhanced” in the title of Policy 6A-5.15 and in line 39 on page 63 and to accept page 63. PUBLIC COMMENT Robert Curry said “Federal” and “State” on page 63, line 29 and in other locations in this document should be capitalized. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 MOTION by David Jordan, SECONDED by Keith Schue to approve page 64 through the end of the document. FOR: Foley, Schue, Carey, Belflower, Kelly, Jordan, Zaneis ABSENT: Parks, Barrow AGAINST: None MOTION PASSED: 7-0 Mr. Sheahan said the ordinance would be presented to the BCC as it appears at this time with the colors. He said an errata sheet will accompany it discussing the changes made policy by policy. If BCC approves renumbering the document, then staff will do that before transmittal. Mr. Sheahan said the County Attorney has recommended this format. There was general agreement with Mr. Schue’s suggestion to include a clean copy for the BCC. Ms. Zaneis’ grammar and punctuation comments were reviewed. Mr. Sheahan said no change could be made in the title at this time because of the legal advertisement. There was agreement to accept the following corrections by Ms. Zaneis:

• Page 3, line 14 “that it would” • Definition of Aquifer Connection, Page 6, line 19 “determined” past tense, line

22, change “their” to “the” comma after sensitive, change “they” to “the applicant”

• Definition of environmentally sensitive, Page 7, line 42 change line 42 to “Descriptive of lands including but not limited to”

In the definition of environmentally sensitive, Page 7 line 44, Mr. Schue suggested including “rare habitat” before the “and”

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David Jordan left the meeting at 11:55 a.m. MOTION by Keith Schue, SECONDED by Vicki Zaneis to change the definition of Environmentally Sensitive to include “Descriptive of lands including but not limited to” and “sensitive uplands habitat.” FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 MOTION by Rob Kelly, SECONDED by Peggy Belflower to accept the punctuation and grammar corrections on page 3, 6 and 7. FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 There was discussion about including the definition of “Sensitive Uplands (or Natural) Habitat” from the “Guidelines for Preparing Comprehensive Plan Amendments for the Wekiva Study Area. There was agreement to add a definition of “Sensitive natural habitats” to include longleaf pine, sand hill, sand pine and xeric oak scrub.” as the definition. FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 There was agreement to accept the following correction to the definition of Springshed protection Zones on page 10:

• line 31 drop the “s” from include • line 35 to add “that are” and removing the first occurrence of “but” • line 34 to change “land” to “area”

MOTION by Vicki Zaneis, SECONDED by Rob Kelly to accept the definition of springshed protection zones as shown on the screen. FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 MOTION by Rob Kelly, SECONDED by Michael Carey in Policy 1-20.3 on page 14, line 7 and 19 to insert a comma after the date 1990. FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None

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MOTION PASSED: 6-0 MOTION by Rob Kelly, SECONDED by Michael Carey in policy 1-20.13 on page 37, line 37 and 38, to change the “are” to “is” and change to “…as a beneficial uses of flood…” FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 MOTION by Rob Kelly, SECONDED by Peggy Belflower on in Policy 1-20.11 on page 35, line 41 to change the tense of “provide” to “provided.” FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 The meeting reconvened at 1:25 p.m. after a lunch break. There was agreement to review the FLUM in the Tavares area and return to the Wekiva policies later. Chairman Foley said there were people present who had attended several meetings waiting to address their concerns regarding the area east of Eustis and she suggested taking their comments at this time. PUBLIC COMMENT Linda Landry said the people at this meeting all together own several hundred acres east of Eustis. They want the future land use in their area to remain at one dwelling unit per five acres. Ms. Landry identified the location of their neighborhood on the map and shown on the screen. She discussed the impact of the development being proposed by Merry Gro Farms, particularly on the crowded schools and the traffic on State Road 44. Shane Connolly said she lived east of Merry Gro Farms and she supported the plan proposed by the LPA. Ronald Hubstenberger also supported the one dwelling unit per five acre density particularly in the Wekiva Basin. Staff referred to discussion on how some densities would appear on the ground and he presented the LPA visual pictures of some densities. TAVARES LAND USE RECOMMENDATIONS There was brief discussion on the development occurring close to Woodlea Road. The LPA proceeded to review future land uses in the Tavares area. Some changes to the draft FLUM were agreed to without formal motions, by general consensus as depicted on Map Motion 1-15. MOTION by Keith Schue, SECONDED by Michael Carey to designate the

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highlighted area Medium Density Residential as depicted in Map Motion 1-15. FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 MOTION by Keith Schue, SECONDED by Michael Carey to designate the highlighted area Medium High Density Residential as depicted in Map Motion 1-15. FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 The following FLUM changes were agreed upon with six in favor (Foley, Schue, Carey, Belflower, Kelly, Zaneis) and None in opposition, unless otherwise specified. The LPA agreed to designate the highlighted area Low Density Residential as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Medium Density Residential as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Medium High Density Residential as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Recreational as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Medium High Density Residential as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Commercial as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Commercial as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Medium High Density Residential as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Low Density Residential as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Public/Quasi-Public as depicted in Map Motion 1-15.

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The LPA agreed to designate the highlighted area Medium High Density Residential as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Commercial as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Medium Density Residential as depicted in Map Motion 1-15. The LPA agreed to designate the highlighted area Medium Density Residential as depicted in Map Motion 16-25. Mr. Carey said there would not be too much of a transition area to the City limits, especially along the lakeshore. The LPA agreed to designate the highlighted area Medium Density Residential as depicted in Map Motion 16-25. The LPA agreed to designate the highlighted area Industrial as depicted in Map Motion 16-25. The LPA agreed to designate the highlighted area Industrial as depicted in Map Motion 16-25. MOTION by Keith Schue, SECONDED by Vicki Zaneis to change the highlighted Parcel zoned as R-1 to Industrial as depicted in Map Motion 16-25. FOR: Schue, Belflower, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: Foley, Carey, Kelly MOTION FAILED: 3-3 The recommended Future Land Use remains Medium Density Residential. There was discussion about parcels with split land uses and consistency between future land use and zoning. Mr. Sheahan said creating some non-conforming uses would be unavoidable and noted that this will be addressed during discussion on commercial location criteria. There was a short break and the meeting reconvened at 3:15 p.m. Chairman Foley suggested the LPA hear public comments from Mr. Baleu. PUBLIC COMMENT David Baleu said he would like a future land use allowing R-2 zoning on his thirty acres in the Clermont area. In support of his request, he said the property was adjacent to a Planned Unit Development (PUD) with R-3 zoning and close to a four lane highway with sidewalks, central water and sewer.

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The LPA noted that Clermont requested this area be part of a rural buffer and said this request would remain under consideration dependant on completion of the FLUM and the County’s population allocation. Mr. Franco said the future land use on this parcel has remained Rural on the draft FLUM. VOTE ON WEKIVA ORDINANCE Ms. Parson addressed the legal question raised earlier regarding Policy 1-20.11 and said there was no legal reason to prohibit Mr. Schue’s suggestion about commercial uses and private ownership in the Wekiva. She said generally State agencies prefer the allowable uses on their land not to be changed because it affects the value. Mr. Sheahan said frequently the State rezones land after purchase, which means many of those rights disappear without a vested rights determination. There was discussion about the possibility of vested rights continuing after the rezoning, the appraised value of land and other possible scenarios. Mr. Schue said he was concerned with vesting not zoning. There was discussion on drafting language to address these concerns and staff suggested inserting “unless acquired for conservation” after the date of “1990” in line 31. MOTION by Michael Carey, SECONDED by Keith Schue to approve the language shown on the screen, page 35, item “A” under Policy 1-20.11. FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 MOTION by Keith Schue, SECONDED by Rob Kelly to transmit the Wekiva Ordinance to the Board of County Commissioners with a recommendation for approval. FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 TAVARES LAND USE RECOMMENDATIONS - CONTINUED The LPA complimented staff on their hard work on the Wekiva Ordinance and continued to review the FLUM in the area of Lake Dora. Staff said, in general practice, vacated right-of-ways default to the adjacent future land uses. Mr. Franco and Mr. Schue discussed how to resolve the issue of parcels that do not have a future land use shown on the GIS-based FLUM. There was discussion on Heavy Industrial uses including how they have been designated on the FLUM to this point in time. MOTION by Keith Schue, SECONDED by Michael Carey to designate certain parcels shown as Planned Industrial District (MP) the same as the adjacent parcels as depicted in Map Motion 16-25.

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FOR: Foley, Schue, Carey, Belflower, Kelly, Zaneis ABSENT: Parks, Barrow, Jordan AGAINST: None MOTION PASSED: 6-0 The LPA agreed to designate the highlighted area Light Industrial as depicted in Map Motion 16-25. The LPA agreed to designate the highlighted area Medium High Density Residential as depicted in Map Motion 16-25. The LPA agreed to designate the highlighted area Medium Density Residential as depicted in Map Motion 16-25 unless the zoning has a higher density. The LPA agreed to designate the highlighted area Medium Density Residential as depicted in Map Motion 16-25. MOUNT PLYMOUTH/SORRENTO PLANNING AREA Mr. Schue discussed the future land uses applicable to this area and identified the area included in the Main Street future land use category. The LPA agreed to designate the highlighted area as the Mt. Plymouth-Sorrento Main Street Future Land Use Category (FLUC) as depicted in Map Motion 26-28 consistent with the Mount Plymouth/Sorrento Policies. The LPA agreed to designate the highlighted area as the Mt. Plymouth-Sorrento Neighborhood Proper Future Land Use Category as depicted in Map Motion 26-28. The LPA agreed to designate the highlighted area Rural Transition as depicted in Map Motion 26-28. The Chair adjourned the meeting at 4:35 p.m. _______________________________ ____________________________ Donna R. Bohrer Keith Schue Public Hearing Coordinator Secretary

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DRAFT MINUTES LAKE COUNTY LOCAL PLANNING AGENCY … · LAKE COUNTY LOCAL PLANNING AGENCY FEBRUARY 23, 2007 The Lake County Local Planning Agency met on THURSDAY, FEBRUARY 23, 2007

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