A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 14, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, May 14, 1985, at 9:00 a.m. in the Board of County Commissioners' Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael c. Willett, County Administrator; Robert L. Wilson, Finance Director: and Mary C. Grover, Secretary.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Deems.

BONDS - CONTRACTOR

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the following Contractor Bonds:

NEW

383-85 Earl H. Evans d/b/a Delta Electric (Electrical)

536-85 Ronald I. Brown/Semco Electric Co., Inc. (Electrical)

1675-85 T. A. Youngblood (House Moving)

1869-85 Gregory R. Dowers (Building Contractor)

4262-85 Kelton Braxton d/b/a Kelton's Electrical Services (Electrical)

4263-85 Gary Swendsen d/b/a Swendsen Electric

Commr. Windram was not present for the vote.

BONDS/EDUCATION

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved and authorized the necessary signatures on the bonds for the following members on the District Board of Trustees for Lake-Sumter Community College:

Freddie K. Thornton

Beulah Savage

Tully C. Patrowicz

Commr. Windram and Commr. Smoak were not present for the

vote.

COUNTY ADMINISTRATOR"S AGENDA

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Carson and

carried, the Board approved the request for a Septic Tank Pumping

Franchise for Greg Meadows Tank & Sewer.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request for Kevin Hanley, Survey Party Chief, to attend the State Plane Coordinates Seminar to be held in Orlando, Florida, June 7 through June 8, 1985, at an anticipated cost of $275.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Carson and

carried, the Board approved the request for partial payment to Superior Asphalt Company, Inc. for Dora Avenue, Project No. 5-85, in the amount of $40,343.00.

Commr. Windram was not present for the vote.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the request for partial payment to Trac Roadbuilders, Inc. for Bay Road Drainage Improvement, Project No. 9-85, in the amount of $46,442.70.

Commr. Windram was not present for the vote.

DEEDS/RIGHT- P-WAYS ROADS & EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board accepted the following right-of-way deeds:

Donald J. & Gerty S. Mika - Griffin View Drive - #l-7212

Milowen Hollis Begue - Oswalt Road - #3-0840

Vahan K. & Agnes C Magarian - Oswalt Road - #3-0840

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/EMERGENCY SERVICES

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the request from Emergency Services to purchase a slide projector with audio capability at an estimated cost of $510.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/EMERGENCY SERVICES

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the request for Joe Stephany, Emergency Management Director, to attend two Professional Development Service Modules of the State Emergency Management to be held in Palm Beach, June 24, through June 28, 1985, at no cost to the County.

Commr . Windram was not present for the vote.

ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to add James Road to Picciola Island, Special Assessment Project #39. which includes Sydney Road, Albert Road, and Bryon Road, previously approved to bid on April 2, 1985, and May 7, 1985, as a change order.

CODE VIOLATIONS/DEEDS

Mr. Willett, County Administrator, addressed the Board to discuss a request from Stella Pharis for the County to accept ownership of a piece of property located in Fruitland Park. He stated that the property is under a code violation and that the lot is not buildable. He stated that the property owners will not clean up the lot and would like to give the County the property.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board accepted the deed on the property owned by Stella Pharis, described as follows:

Fruitland Park, the South 167 feet of the West 135 feet

of Lot 2 and the North 67 feet of the West 135 feet of

Lot 3, Block 35, northwesterly of highway.

Fruitland Park, the East 125 feet of Lot 2, Block 35,

northwesterly of highway C-468.

Commr. Windram was not present for the vote.

FAIRGROUNDS

Mr. Richard Huff, representing the Elks Lodges, addressed the Board and stated that the Elks Lodges, in conjunction with the Florida Cutting Horse Association, are sponsoring a cutting horse show to be held at the Lake County Fairgrounds May 18, and 19, 1985. Proceeds of this horse show are to go to the Harry-Anna Crippled Children's Hospital, which is sponsored by the Florida Elks Association. He requested that the Board waive the fees for this event.

Mr. Huff explained that the reason behind the request was that this is the first horse show of this type to be done in the State of Florida. He expressed concern on whether the show would be a successful operation and generate enough funds to cover expenditures.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved to grant the request of Mr. Huff to waive the fees for use of the Lake County Fairgrounds, subject to the event not generating enough funds to cover expenditures, but in the event the horse show does generate enough funds to cover expenses, then the Elks Lodges would pay the Fairground fees. Also included in the motion was the Elks Lodges would be responsible for the purchase of the necessary insurance, setting up the show, and cleanup after the show

Commr. Windram was not present for the vote

EMERGENCY SERVICES

Mr. Joe Stephany, Director of Emergency Services, introduced Mr. Dick Griffin, United Telephone, who was present to give a 911 audio visual presentation.

After the presentation Mr. Griffin answered questions that the Board had pertaining to a 911 system. Mr. Griffin explained that it would take approximately two years after the Board approved for a 911 system to be installed and to be implemented. He stated that the system would be leased from the Telephone Company.

Mr. Griffin then discussed the cost of the system. He stated

that the cost was based upon two factors:

1. One increment of cost is per 1,000 telephone subscribers (line) within Lake County.



2. Another increment of cost is based upon the number

of Public Safety Answering Positions (PSAP) in the

County that have the 911 equipment.

Mr. Griffin pointed out that every person which presently answers emergency calls does not have to have the equipment. Normally the Police Departments, and major Fire Departments have the equipment. He stated that 80% of the emergency calls are police related.

Mr. Stephany addressed the Board to discuss the unified addressing system that is being developed within the County. He stated that it will take approximately two years for the system to be implemented.

Discussion continued regarding the cost to implement the 911 system and the operational cost of the system. Commr. Smoak questioned if a user fee could be charged on each telephone connected in Lake County to pay for the cost of the lease program with United Telphone plus the operational costs of the system. Mr. Ford, County Attorney, stated that he felt it would have to go to the State Legislature as there is currently a bill being reviewed for a 5Oc user fee per telephone. Commr . Smoak stated that the proposed Bill on the 5Oc is just for one year for capital expenditure situation. Mr. Ford indicated that Represenative Kelly was trying to get the proposed bill revised so that the fee would be continuing and go towards operations.

Mr. Griffin stated that his company has not done a cost analysis. He stated that today's presentation is the beginning of the study. He stated that once the study has been completed, he will address the Board with a recommendation.

The Board directed Mr. Ford to research if the user fee can be charged to the local telephone bills in Lake County by a referendum.

PUBLIC WORKS/SUBDIVISIONS

Commr . Deems informed the Board that he; Jim Stivender, Public Works; and Mike Willett, County Administrator, had met with Mr. Jelsma in regards to Ebersole Road. He stated that the problems have been resolved and that the County should be receiving a deed from Mr. Jelsma and then a maintenance map can be filed. He explained that this will cut the spite strip in two enabling the residents to use the access.

ASSESSMENTS/BIDS

At 10:00 a.m. the Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #2O, Springs, Bath & Yacht Club.

Mr. Willett, County Administrator, informed the Board that Paquette Paving Company had submitted the low bid in the amount of $207,345.00. He stated that an additional amount of $7,300 would be added to a portion of the assessment in order to purchase additional pipe as the County could not get enough easements to have a swale. He stated that all the necessary permits have been obtained by the St. Johns River Water Management District.

No one present in the audience wished to object to the proposed assessment.

Mrs. Kathy McDonald, County Administrator's Office, informed the Board that three letters had been received and she had one telephone call objecting to the proposed assessment.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the assessment roll for Special Assessment #20, Springs, Bath & Yacht Club, awarded the low bid to Paquette Paving Company in the amount of $207,345.00, and approved the necessary changes to the assessment roll due to the additional amount of monies needed for additional pipe.

Mr. Paul Webb, President of the Springs, Bath & Yacht Club Association, expressed his appreciation to the Board and to the County staff for their assistance with the special assessment project.

RECESS & REASSEMBLY

At 1O:lO a.m. the Chairman announced that the Board would

recess until 11:OO a.m.

PUBLIC WORKS/ASSESSMENTS

Mr. Steve Richey. representing Mr. Carl Carpenter, addressed the Board to discuss the property which Mr. Carpenter is in the process of purchasing off Colony Barn Road. He presented each Commissioner with a copy of a map showing the location of the property. He explained that the property is zoned R-l-7. He stated that Colony Barn Road is in the County maintenance system. He stated that his client is willing to pave the road in front of his nine lot subdivision. He stated that the County's policy of paving all the road from his nine lot subdivision to Lake Nellie Road, approximately 2200 feet, is cost prohibitive. He requested the Board waive the paving policy to enable Mr. Carpenter to pave only that portion of the road in front of his nine (9) lot

subdivision and waive the requirement that Mr. Carpenter pave the entire road down to Lake Nellie Road.

Mr. Willett, County Administrator, stated that if the Board granted the request, he felt arrangements would have to be made to obtain right-of-way or obtain funds from Mr. Carpenter to bring the road up to County standards.

Mr. Richey stated that he recognizes the request violates the County policy and that they would be happy to contribute money towards future paving or upgrading through claying.

Discussion occurred regarding the precedent the Board would set if they were to grant the request.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board denied the request of Mr. Richey to waive the paving policy in regards to the nine (9) lots off Colony Barn Road.

Discussion occurred regarding approaching the property owners in that area to discuss the upgrading of the road.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to correspond with the petitioner informing him of the County's lien assessment program.

ASSESSMENTS/SUBDIVISIONS/PUBLIC WORKS

Mr. Michael Willett, County Administrator, addressed the Board to discuss the proposed mandatory special assessment for Highland Lakes Subdivision. Mrs. Kathy McDonald, County

Administrator's Office, presented the Board with the estimated cost of the total project.

Mrs. McDonald stated that they were researching the possibility of using Royal Trails as an access.

Discussion occurred regarding the County paying an additional $7,000 which remains on the collector road, after the County's portion and Mr. Gaard's portion of the cost is taken out, instead of assessing the property owners on the collector road. Commr. Carson expressed concern with the County paying more than the policy dictates on the County's portion of the project.

Commr . Burhans questioned if the County should maintain the road for four (4) years instead of paving the road. Mr. Ford stated that it would be legal for the Board to maintain the road.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized Kathy McDonald to proceed with the title searches for Highland Lakes Subdivision on the access road, and after the search has been completed, each of the property owners be approached and solicited for an easement for road construction purposes, at no cost to the property owner. The county further authorizes the County Administrator to negotiate with Mr. Gaard seeking approximately $7,200 for paving the collection road.

CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS

Mr. Harry T. Holmes, CATV-Telephone Communications, addressed the Board to discuss offering cablevision services to the Sorrento/ Mt. Plymouth area. He stated that he wanted the Board to know that the reason his canpany was not proceeding in installing cable in that area was that another company has also begun work in installing cable in that area. He explained that he has not contacted the other company to see if it was their intention to install cable in that area. The Board informed Mr. Holmes that he should contact the other canpany and discuss the situation with them.

ASSESSMENTS/SUBDIVISIONS/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Deems and

carried, the Board declared Highland Lakes Subdivision an

extraordinary situation and that is the purpose for the County exceeding the normal 50% County share that is required by County policy and also instructed Mr. Willett to negotiate with Mr. Vason, Mr. Gaard's attorney, for Mr. Gaard to pay the additional $7,000 for the paving of the collector road.

Commr . Windram was not present for the vote.

LANDFILLS/COMMUNICATIONS

Mr. Michael Willett, County Administrator, addressed the Board to discuss complaints received from Dr. Bowen in regards to the Astatula Landfill. He stated that Dr. Bowen is requesting that the County pay him damages or buy a 40-acre buffer zone from him.

On a motion by Commr. Smoak, seconded by Ccmmr. Carson and carried unanimously, the Board directed Mr. Willett to communicate with Dr. Bowen as to the price, terms, and conditions under which he would obligate the 40 acres to the County, and also on the balance of the property in which he owns in the area, without making any obligation on the property on behalf of the County.

RECESS & REASSEMBLY

At 12:OO noon the Chairman announced that the Board would recess for lunch. At 2:00 p.m. the Board reconvened for Rezoning.

ZONING

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved to postpone the following cases until June 11, 1985, at 2:00 p.m. or as soon thereafter as possible: Petition # Petitioner

#41-85-4 Clara Ludecke

#50-85-4 Advanced Energy Corp.

CUP #965-2 Lake Memorial VFW Post #4705

#51-85-2 Yalaha Community Church

CUP #922A-3 Robert J. Wade

Commr. Windram was not present for the vote.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board postponed the following case until July 9, 1985, at 2:00 p.m. or as soon thereafter as possible:

Petition # Petitioner

#39-85-4 Gunard Brautcheck

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted withdrawal of the following cases as requested by the petitioners:

Petition # Petitioner

#33-85-5 Henry Wayne Tucker

#20-85-l Larry Ringle and Elmer J. & Dorothy Givens

#41-85-l Rufus B. Ward

PUBLIC HEARING #24-85-3 R-l-7 to CP Stanley-Sowinski

No one present wished to discuss this rezoning request with

the Board.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) for a beauty shop, as amended.

PUBLIC HEARING CUP #964-4 CUP in RA Carl McCune

Mrs. Nancy Phelps and Mrs. Hazel Phelps addressed the Board objecting to the rezoning. Mrs. Nancy Phelps presented the Board with photographs of the area surrounding the well drilling business. She stated that she objected to a well drilling truck being parked on the property.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board overturned the recommendation of the Planning Commission and denied the request for a CUP (Conditional Use Permit) in RA (Ranchette) for parking of a well drilling truck for operating Carl's Well Drilling.

Mr. Carl McCune, applicant, addressed the Board to discuss the Board's denial. He stated that he could not afford to store the well drilling truck and necessary materials at another location.

PUBLIC HEARING #37-85-4 R-l-7 to C-l or CP -- Betty Guster

No one present wished to discuss this rezoning request with

the Board.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved rezoning from R-l-7 (Urban

Residential) to C-l (Rural or Tourist Commercial) for professional offices.

PUBLIC HEARING CUP #433-4 Revocation of CUP Development Staff

No one present wished to discuss this request with the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the revocation of the CUP (Conditional Use Permit).

PUBLIC HEARING CUP #966-4 CUP in A David L. Brown, et al.

Mr. David Brown, petitioner, was present objecting to the Planning Commission's recanmendation of denial. He stated that a clay pit has been in existence on that piece of property since 1924. He stated that the reason he wanted to open the clay pit was to sell clay and fill dirt for the purposes of obtaining capital to rehabilitate their citrus groves.

Mr. Brown stated that he had received several letters from surrounding property owners approving of the rezoning request. Commr. Smoak informed the Board that he had received a letter from Mr. Robert J. Hester, III stating he had no objection to the reopening of the clay pit operation. Mr. Brown also read a letter from another property owner in support of the request.

Mr. Bill Floyd, Jr., Leesburg, questioned Mr. Brown on the time frame for the removal of the clay from site. Mr. Brown stated that he intended mining the clay only as long as necessary to obtain the capital to rehabilitate the citrus groves. He stated that he could not give a definite time frame.

Mrs. Judy Schepp, Round Lake Road, addressed the Board and presented photographs of the clay pit and the surrounding area. She stated that the existing clay pit has not been used for years. She expressed concern for the traffic safety in the area should the request be granted. She also stated that a petition with 16 signatures had been submitted to the Planning Commission objecting to the rezoning request.

Mr. Zane Fuller and Mrs. Jane Mallory also addressed the Board objecting to the rezoning request.

Dr. John Schepp, Round Lake Road, addressed the Board to discuss the request. He stated that he had researched the history of the property and found that a Conditional Use Permit has never been approved by the Board for a clay mining operation on the property. He also requested the rezoning request be denied. Mrs. Kathy Turner, Round Lake Road, addressed the Board objecting to the proposed rezoning due to the noise and the dust that the mining operation might create.

Mr. Brown informed the Board that he had no objections to the ingress and egress from the property being on Round Lake Road instead of SR 46.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to add the following amendment to the proposed Conditional Use Permit:

I. Mining will be undertaken in no more than a maximum of 200 foot strips and those strips be reclaimed before beginning any additional mining strips including revegetation, meaning grassed and treed and plans submitted to the Director of Development prior to commencment.



On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved a CUP (Conditional Use Permit) in A (Agriculture) for a clay mine, as amended.

PUBLIC HEARING #45-85-5 A to AR John F. Ervin, Trust

No one present wished to discuss this rezoning request with

the Board.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to AR (Agriculture Residential).

Commr. Burhans declared a conflict of interest and abstained

from voting.

PUBLIC HEARING #46-85-5 A to AR Gary Rowe

No one present wished to discuss this rezoning request with

the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved rezoning from A (Agriculture) to AR (Agriculture Residential).

PUBLIC HEARING CUP #968-l CUP in C-2 Clifford Willoughby

No one present wished to discuss this rezoning request with

the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP (Conditional Use Permit) in C-2 (Community Commercial) for a caretaker's residence.

PUBLIC HEARING #52-85-5 R-l-7 to C-l George D. Gastfield

No one present wished to discuss this rezoning request with the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING CUP #119A-5 CUP in C-l George D. Gastfield

No one present wished to discuss this rezoning request with

the Board.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend CUP (Conditional Use Permit) #119-5 in C-l (Rural or Tourist Commercial) to include additional land.

PUBLIC HEARING CUP #969-l CUP in LM Frederick W. Froelich

No one present wished to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP (Conditional Use Permit) in LM (Light Manufacturing) for a mobile home as a caretaker's residence.

PUBLIC HEARING #42-85-2 A to M-l C. E. Smoak, Jr.

No one present wished to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to M-l (Heavy Industrial).

Commr. Smoak declared a conflict of interest and abstained from voting as he was the applicant.

PUBLIC HEARING #48-85-3 A to RM Edith Wikel

Mr. Jerry Sexton, Director of Development, informed the Board that the petitioner would like to change the rezoning request to AR (Agriculture Residential).

Mrs. Sarah Stallard addressed the Board and stated that she objected to the original rezoning request. She questioned what type of housing would be allowed in AR (Agriculture Residential). Mr. Sexton replied that the applicant would be allowed to place only single family residences on the property. He stated that mobile homes are not allowed in the AR (Agriculture Residential) zone. He further stated that he did not have any problems with rezoning the property to AR (Agriculture Residential).

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to rezone the property from A (Agriculture) to AR (Agriculture Residential).

PUBLIC HEARING #40-85-3 RR to R-1-15 Circle T Ranch

& Groves, Inc.

No one present wished to discuss this rezoning request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RR (Rural

Residential) to R-1-15 (Residential Estates).

PUBLIC HEARING #44-85-3 R-l-7 to AR Robert Brewton, et al.

No one present wished to discuss this rezoning request with

the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban

Residential) to AR (Agriculture Residential).

PUBLIC HEARING #43-85-3 A to RR Alma E. Spears

No one present wished to discuss this rezoning request with

the Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential)

PUBLIC HEARING #49-85-3 A to M-l Al Besade, Jr.

Mr. Zelek Wise, Orlando, was present objecting to the rezoning request. He also presented the Board with a letter from Mr. Louis Brander, also objecting to the rezoning.

Mr. Jerry Sexton, Director of Development, informed the Board that the Planning Commission recommended the property be rezoned to MP (Planned Industrial). Mr. Sexton indicated that a portion of the property would be rezoned to MP and that on the east side, the portion of the property which is connected to a County Road, is not being rezoned.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved that Section #3, Setbacks and Buffers be amended to read:

All structures shall maintain a fifty (50) foot setback from the boundary of the MP zoning district with the exception that the setback on the eastern boundary be increased to one hundred (100) feet. All structures shall maintain a minimum of a ten (10) foot setback from individual lot lines within the MP district and require a fifty (50) foot planted, maintained vegetative buffer, consisting of some type of fast growing tree-type structures, which will be approved by the Director of Development, start-ing at a point 1/4 of a mile south of Highway 50 which is 1320' off the road.



On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to MP (Planned Industrial).

PUBLIC HEARING - VARIANCE FOR PLANNED UNIT DEVELOPMENT #135- 84-2 Panacea Timber Co

Mr. Steve Richey, attorney representing the applicant, and Mr. Ted Wicks. Durden, Wicks & Associates, Inc., were present to discuss a request for a variance for PUD #135-84-2.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for a variance of Section 696.20, Paragraph B. 5c of the PUD Zoning Regulations to allow structure setbacks of 15 ft. from the property line on all minor streets in the PUD instead of the required minimum allowed twenty-five (25) feet from the property line and sixty-two (62) feet from the road centerline is to be kept on the major (1) road in the PUD.

LAWS & LEGISLATION/ZONING

Mr. Michael Willett- County Administrator, addressed the Board to discuss the request from the State Association requesting Counties contact their Senators to express opposition of the Group Home Bill. He stated that the Bill exempts group homes of six or less from the County zoning regulations. He stated that the Senate would be voting on the bill this week.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized Mr Willett to send a telegram to Senator Langley expressing the Board's opposition to the Group Home Bill.

COMMUNICATIONS/RESOLUTIONS/LICENSES & PERMITS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Thousand Trails, Inc. for a fireworks display for July 4, 1985, subject to Thousand Trails, Inc. meeting State and County regulations pertaining to fireworks display.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:50 p.m.

GLENN C. BURHANS, CHAIRMAN

JAMES C. WATKINS, CLERK

mcg/5-16-85