A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 9, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, July 9, 1985, at 9:00 a.m. in the Board of County Commissioner's Meeting Roan, 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 (arriving at 9:15 a.m.). Others present were: Michael C. Willett, County Administrator; Christopher C. Ford, County Attorney; Robert L. Wilson, Finance Director: and Mary C. Grover, Secretary.

Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.

RESOLUTIONS/ROADS , COUNTY & STATE/SIGNS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to place 25 m.p.h. speed limit signs on Central Avenue, #4-4286A, in Sorrento.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the right-of-way deed from Raymond L. Taylor, Oswalt Road, #3-0840.

BONDS/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to release the maintenance bond in the amount of $13,750.40 for Wolfbranch Estates and approved to release the maintenance bond in the amount of $13,000.00 for Plum Lake Estates.

COURTHOUSE

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the South Lake Annex office in Clermont to establish a $50.00 petty cash fund.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request of Marshall Pettrey, Pine Lakes Area, District #4, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bond being posted and with the understanding that the mobile home will be removed from the property upon completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved renewal of the mobile home bond for Richard Barnes, Astor Area, District #5, and approved cancellation of the mobile home bond for Elaine S. Wright.

ORDINANCES/TAX COLLECTOR

Mr. Michael Willett, County Administrator, addressed the Board to discuss increasing occupational license fees. He stated that the State has changed the law considerably, and if the County does not change the fees, then the County will lose money. He further stated Mr. Hall, Tax Collector, recanmended the increase in fees. He explained that the Board would have to adopt an ordinance by August 6, 1985, in order to implement the fees September 1, 1985.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board directed that an ordinance be prepared and advertised for public hearing to adopt an increase in occupational license fees.

BONDS - CONTRACTOR

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

carried unanimously, the Board approved the contractor bonds as follows:

NEW

3095-85 Amera El. Inc., d/b/a American Electric (Electrical)

4278-85 Douglas Ruadolph Price, Jr., d/b/a Electrical Service &

Maintenance (Electrical)

4279-85 Guy W. Stewartson (Electrical)

4280-85 Servair Heating & Air Conditioning (Heating & Air Conditioning)

4281-85 Adrian Lucas

CANCELLATIONS

1364 Richard E. Moreland d/b/a Central Florida Underground, Inc.

1501 Jimmy Glenn Miller d/b/a Wayne Construction

1767 Al Woods

4127 Clifton Consolidated Corp. et. al.

REPORTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending June 28, 1985 in the amount of $4,959.61

BUILDING DEPARTMENT/INSURANCE

Mr. Michael Willet, County Administrator, informed the Board that a letter had been received from Mr. Homer Royals requesting reimbursement in the amount of $11,946.00 for an error deriving from the issuance of a building permit. Construction of the building was begun and inspections noticed a mistake on the side street yard setback. Mr. Willett explained that Mr. Royals had appeared before the Board of Zoning Appeals requesting a zoning variance, which was deemed by the Board.

Mr. Willett recommended that the Board turn the request over to the insurance company for further action. Mr. Ford, County Attorney, stated that the request has already been sent to Kathy Barnett, Insurance Coordinator.

Mr. Homer Royals was present to discuss the request with the Board.

Discussion occurred regarding the cost list submitted by Mr. Royals. Mr. Ford stated he felt the driveway would not be a valid claim and did not recommend that the driveway be paid by the County.

Commr. Smoak made a motion, which was seconded by Commr. Windram to authorize the County Administrator to assist with the Insurance Department in working with Mr. Royals, as expeditiously as possible, to resolve the problem which has been created by erroneously issuing a building permit, and that Mr. Willett keep the Board informed of actions taken.

Mr. Paul Best, owner of the property, addressed the Board and stated that he needed a building as soon as possible as there are materials which need to be stored. The Board informed him that he could obtain a new building permit to build a garage on his own property at a different location.

Discussion occurred regarding the deed restriction which prohibits driveways from coming out on Waycross Avenue. Discussion also occurred regarding the procedure to remove deed restriction from a plat. The board requested Mr. Ford research if there is a way to remove deed restrictions from a plat.

The Board called for the question and the motion made by Commr. Smoak, seconded by Commr. Windeam was voted on and carried unanimously.

RECESS AND REASSEMBLY

At 9:50 a.m. the Chairman announced that the Board would recess until 10:00 a.m.

CODE VIOLATIONS/ORDIANCES

At 10:00 a.m. the Chairman announced that the advertised time had arrived for a public hearing to discuss an amendment to the Code Enforcement Ordinance, 1982-19.

It was noted that the proper proof of publication was on hand as it appeared in the June 19, 1985, and July 2, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Jerry Sexton, Director of Development, addressed the Board and stated that the proposed ordinance amended Ordinance 1982-19 in order to come into compliance with the Florida Statues in regards to the membership on the Code Enforcement Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved to place the following proposed ordinance on the floor for its first and final reading by title only:

AN ORDINANCE AMENDING THE CODE ENFORCEMENT ORDINANCE OF LAKE COUNTY, FLROIDA, ORDINANCE 1982-19, AS AMENDED TO DATE, BY AMENDING SECTION 3 (1) COMPOSITION OF CODE ENFORCEMENT BOARD, PROVIDING A SEVERANCE CLAUSE, PROVIDING AN EFFECTIVE DATE.



Commr. Windram was not present for the vote.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board adopted Ordinance 1985-14 as read on its first and final reading by title only.

Commr. Windram was not present for the vote.

COURTS-JUDGES/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved and authroized the necessary signatures on the Criminal Conflict Agreement.

Commr. Windram was not present for the vote.

COURTS-JUDGES/LAWS & LEGISLATION

Mr. Ford, County Attorney, addressed the Board to discuss a bill passed by the Legislature regards to the following:

Mr. Ford stated that he would obtain a copy and review the bill.

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Willett presented the Board with a copy of the letter being sent to the property owners informing them of the structure tax for fire protection. It was noted that a public hearing would be held July 30, 1985, to discuss question the public might have regarding the tax.

ORDINANCES/PUBLIC WORKS

At 10:30 a.m. the Chairman announced that the advertised time had arrived for a public hearing to discuss a proposed ordinance imposing an additional 2-cent (two) local option gas tax.

It was noted that the proper proof of publication was on hand as it appeared in the June 21, 1985, and July 2, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Ford, County Attorney, stated that he had prepared the proposed ordinance with a ten year duration for such additional tax. He stated that the proposed ordinance could be prepared for a thirty year duration.

Discussion occurred regarding the ten year duration. Commr. Smoak stated that he felt the Board should leave the ordinance as prepared with the 10 year duration. Commr. Carson pointed out that if the Board amended the proposed ordinance to 30 years, there would be bonding money available to the County and municipalities. If the Board stays with 10 years, the money cannot be bonded. Commr. Smoak also stated that he felt the municipalities should have the opportunity to review the ordinance every 10 years. Mr. Ford stated that the duration could be set for 30 years and that the Interlocal Agreement with the municipalities could be amended to be more equitable during that 30-year period.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend the proposed ordinance as follows:

Title and Section 1- Change 10 years to 30 years in the Title and chance the sentence in Section 1 to read as follows: "...for a period of thirty years until August 30, 2015....".

Section 3- Add the following language at the end of the existing paragraph: At the termination of the existing Interlocal Agreement, the funding formula will be reviewed according to Florida Statues or by majority agreement between the municipalities and the County.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to place the proposed amended ordinance on the floor for its first and final reading by title only:

AN ORDINANCE ADOPTED PURSUANT TO FLORIDA STATUE 336.025; IMPOSING AN ADDITIONAL 2-CENT (TWO) LOCAL OPTIONS GAS TAX TO MAKE A TOTAL OF 4- CENTS (FOUR) LOCAL OPTION GAS TAX UPON EVERY GALLON OF MOTOR FUEL AND SPECIAL FUEL SOLD IN LAKE COUNTY, FLORIDA, AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUES; ESTABLISHING A DURATION OF THIRTY YEARS FOR SUCH ADDITIONAL TAX; PROVIDING FOR AN APPLICABLE METHOD OF DISTRIBUTION OF SUCH ADDITIONAL TAX BETWEEN LAKE COUNTY AND ELIGIBLE MUNICIPALITIES LOCATED IN LAKE COUNTY; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board adopted Ordinance 1985-15, as amended, as read on its first and final reading by title only. RECESS & REASSEMBLY

At 11:05 a.m. the Chairmen announced that the Board would recess until 11:30.

POLLUTION CONTROL/WATER RESOURCES

Ms. Paulette Muller, Pollution Control, addressed the Board and stated that she was present on behalf of the Lake County Pollution Control Board to discuss House Bill 251 which is known as the Lake Restoration Act. She stated that the Bill went into effect July 1, 1985. She explained that the first priority for the expenditures of funds provided by this Bill is for the restoration of Lake Apopka. She stated that the Pollution Control Board has several concerns with the Bill and the restoration of Lake Apopka for the following reasons:

1. In the bill, Orange County Commission has been designated the lead agency fir the restoration of Lake Apopka. There is no mention in the Bill of Lake County having any involvement with the projcect. Mrs. Muller pointed out that Lake County also borders Lake Apopka and the water from Apopka flows into Lake County's chain of lakes.

Mrs. Muller stated that the only plan that she has seen outlined was located in a newspaper. The proposed plan is to build an artificial wetlands using muck from the bottom of the lake and to discharge treated effluent into the wetlands. The effluent would be treated even more in the wetlands and this ins turn would dilute the water in Lake Apopka and help clean it up. She stated that she felt the water would be diluted in one area and then the pollutants would be flushed in Lake County's direction. She explained that the Plan has to be approved by the Department of Environmental Regulations.

Mrs. Muller stated that it was feeling of the Pollution Control Board that the Board should communicate Lake County's concerns to the Orange County Commission and to the Department of Environmental Regulations.

Mrs. Muller further stated that it was the feeling of the Pollution Control Board to continue efforts in documenting the amount of pollutants that are being discharged in Lake County from Lake Apopka.

Mrs. Muller then read a portion of a letter written by Dr. Christman, University of Florida, outlining a two-year plan for bottom studies of Lake Apopka and the chain of lakes. She stated that the grant would be submitted to U.S.G.S. and if approved U.S.G.S. would fund 50-60% of the project. She stated that the Lake County Water Authority and the Game and Fresh Water Fish Commission have responded favorable towards the project.

Mr. Lonnie Strickland, Director of Health & General Services, addressed the Board to discuss problems with the possible draw down of Lake Apopka. He stated that studies from the Lake Griffin draw down show that any type of fluctuation of water levels will increase the Aquatic Weed Control's work load in aquatic weeds. He also stated that Lake County has the water hyacinths under control, and it is his concern that mate will begin drifting back into the lakes from Lake Apopka.

Mr. William Dailey, Clermont, addressed the Board to discuss the problems of nutrients coming from Lake Apopka to Lake County. He made the following recommendations:

1. Lake County Protect itself by determining the actual amount of nutrients from Lake Apopka to Lake County's Oklawaha Chain of Lakes at Lake Beauclaire over a total time of at least one year, with extension to two or three years if the information obtained so indicates.



2. This work be done by the Lake County Government and the Lake County Water Authority, and that the Lake County Attorney be kept up to date on all data acquired and on all activities contemplated or underway.



On a motion by Commr. Smoak, second by Commr. Carson and carried unanimously, the Board directed the Lake County Pollution Control Board, working with the County Attorney's Office, to develop a plan for documentation of water quality coming from Lake Apopka, and present the plan to the Board of County Commissioners for consideration.

On a motion by Commr. Smoak, second by Commr. Windram and carried unanimously, the Board approved to request representation on the Restoration Committee and that a letter be sent to the Governor's office requesting that a position for Lake County will be kept fully informed and involved in the formulation and the review of the project.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board directed that correspondence be sent to the Orange County Board of Commissioners indicating Lake County's concerns with the restoration of Lake Apopka and communicate the Orange County that the Board feels that any action formulated for the restoration of Lake Apopka not have a serious effect on the surface waters of Lake County.

RECESS & REASSEMBLY

At 12:10 p.m. the Chairmen announced that the Board would recess for lunch. The Board reconvened at 2:00 p.m. fore Rezoning.

ZONING

On a motion by Commr. Deems. Seconded by Commr. Carson and carried, the Board approved postponement of the following rezoning cases until August 13, 1985, at 2:00 p.m. or as soon thereafter as possible:

PETITION # PETITIONER

#39-85-4 Gunard Brautcheck

CUP #981-5 H. O. Williams, Jr.

#91-85-4 Diane Sealie

CUP #984-4 Lynn Crowe

CUP #682-4 Lynn Crowe

Commr. Smoak was not present for the vote.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved postponement of the following rezonging case until September 10, 1985 at 2:00 p.m. or as soon thereafter as possible:

PETITION # PETITIONER

#74-85-4 Oscar Towne

Commr. Smoak was not present for the vote.

On a motion by Commr. Casron seconded by Commr. Deems and carried, the Board accepted withdrawl of the following cases as requested by the applicant:

PETITION # PETITIONER

#88-85-5 City of Umatilla

CUP #983-2 Rebecca. K Sloan

Commr. Smoak was not present for the vote.

Public Hearing # 71-85-5 C-2 & A to PUD or RM Jim Page

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

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board upheald the recommendations of the Planning Commission and approved rezoning from C-2 (Community Commercial) & A (Agriculture) to PUD (Planned Unit Development).

Commr. Smoak was not present for the vote.

Public Hearing # 72-85-3 A + CUP #211-3, #305-3, #338-3 & #413-3 to PUD or RM Bruce. G. Goren

Mr. Jerry Sexton, Director of Development, requested that this rezoning case be postponed until the last item of the agenda as the request would also require an amendment to the Comprehensive Land Use Plan.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved to postpone this case until the last item on the agenda.

Commr. Smoak was not present for the vote.

Public Hearing #66-85-2 A to RR Dorthy C. Heald & Dorthy Oldham

No one present wished to discuss this 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 A (Agriculture) to RR (Rural Residential).

Public Hearing CUP #975-3 CUP in A Kenneth Boykin & Betty Riffle

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

On a motion bo Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the reccomendation of the Planning Commission and denied the request for a CUP (Conditional Use Permit) in A (Agriculture) for a nursey with a peat processing facility.

Public Hearing #77-85-4 A to CP Herman & Alice Flootmen

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 recommendation of the Planning Commission and approved rezoning from A (Agriculture) to CP ( Planned Commercial) to bring the existing auto radiator repair shop into compliance with the Zonging Ordinance, as amended.

Public Hearing # 980-4 CUP in A William A. Rashaw

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

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board upheld the recommentation of the Planning Commission and approved the request for a CUP (Conditional Use Permit) and A (Agriculture) for special housing for an existing agricultural operation.

Public Hearing # 84-85-4 C-1 to PFD Richard W. Moss

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning Commission and approved rezonging from C-1 (Rural or Tourist Commercial) to PFD (Public Facilities District)for a telephone switching facility.

Commr. Carson abstained from discussion and voting as he is on the Board of Directors of United Telephone.

Public Hearing #76-85-4 RM to A Robert R. Hogsette, III

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 recommendation of the Planning Comission and approved rezonging from RM (Modile Home Residential) to A (Agriculture).

Public Hearing # 89-85-5 C-1 to C-2 Fred & Lois Smith

No one present wished to discuss this 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 rezoning from C-1 (Rural or Tourist Commercial) to C-2 (Community Commercial).

Public Hearing # 85-85-5 RP + CUP #542-5 & #542A-5 to PFD George & Corrie Verkaik

Commr. Carson made a motion, which was seconded by Commr. Deems to uphold the Planning Commission;s recommendation of approval on the rezoning case.

It was noted that the Planning Commission approved the request with the following amendment:

1. The applicant shall provide a twenty-five (25) foot wide vegetative buffer along the north and south sides of the property. The buffer shall be sodded and properly maintained.

Mr. George Verkaik, applicant, addressed the Board to discuss the buffer zone. He stated that he would perfer to erect a fence instead of the vegetative buffer not to be required on the south side.

Mr. Sexton, Director of Development, informed the Board that the Planning Commission did not put a limit on the width of the buffer. He stated that the buffer should be at least one row three feet wide. He stated that vegetation reduces noise more so than a fance.

Commr. Carson withdrew his motion and Commr. Deems withdrem his second. Discussion continued.

On a motion by Commr. Windram, seconded by Commr. Carson and and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RP (Multiple-Family Residential- Professional) + CUP #542-5 and CUP #542A-5 to PFD (Public Facility District) by eliminating the 25 foot buffer as requested by the Planning Department and instructed Mr. Verkaik to provide a vegetative buffer and a wooden fence on the north side of the property on a new lot.

Public Hearing # 80-85-5 R-1-7 to A Ray G. McIntyre

No one present wished to discuss this 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 rezonging from R-1-7 (Urban Residential) to RR ( Rural Residential).

Public Hearing # 86-85-1 R-1-7 to CP Frankline & Helen Loehr

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation on the planning Commission and approved rezonging from R-1-7- (Urban Residential) to CP (Planned Commercial) for professional offices.

Public Hearing # 79-85-5 Amend CP Joe Swiderski

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation on the Planning Commission and approved to amend the CP (Planned Commercial) to include a grocery store, produce, seafood, and meat market.

Public Hearing #978-1 CUP in RR Joseph Gonczy

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation on the Planning Commission and approved the request for Classification of Uses and a CUP (Conditinal Use Permit) in RR (Rural Residential) for a home occupation (woodcraft & sign shop).

Public Hearing # 979-2 CUP in A Howard H. Hewitt

No one present wished to discuss this 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 the request for a CUP (Conditional Use Permit) in A (Agriculture) for a borrow pit.

Public Hearing #83-85-3 A to LM or MP Davie G. Gurney

Commr. Smoak questioned why the Planning Commission had approved the LM (Light Manufacturing) zoning instead of the MP (Planned Industrial). He stated that he would prefer to see the zoning changed to MP ( Planned Industrial) because of the specific conditions under usage.

Mr. Leonard Baird, attorney representing the petitioner, addressed the Board and stated that his client had requested LM (Light Manufacturing) zoning and not the MP (Planned Industrial) zonging.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved rezoning from A (Agriculture)to MP (Planned Industrial) for an office and warehouse with the facility fronting on Grassy Lake Road.

Public Hearing # 75-85-3 A to C-2 or CP George W. Quigley

Mr. Charles Fields, Jr., Winter Haven, addressed the board and stated that the company he represents was the potential buyer of the property. He stated that he objected to the Planning Commission's recommendation that the structure be restricted to a 4,000 square foot center. He requested that it be amended to 8,000 square feet. Mr. Jerry Sexton, Director of Development, stated that he had no problem with omitting the square footage. Commr. Smoak expressed concern regarding strip zonging.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board overturned the recommendation of the Planning Commission and denied rezoning from A (Agriculture) to CP (Planned Commercial).

Commr. Windram voted "No".

Public Hearing #82-85-3 CP & R-1-7 to A Beatrice Ettinger

Public Hearing CUP #982-3 CUP in A Beatrice Ettinger

Commr. Smoak informed the Board that he is part owner of the property immediately to the east of the rezoning request and declared a potential conflict of interest.

Commr. Smoak, adjacent property owner, addressed the Board and stated that he did not object to the rezoning request. He informed the Board that only 80 feet of the property would be able to be excavated if the conditions were followed in the CUP (Conditional Use Permit). He stated that the Board has previously approved another Conditional Use Permit on the property immediately to the west of this request. He requested the Board to consider postponement of this request only for the purpose of trying to resolve the removal of the barriers between the property owners so that there is contiguous instead of three different berms.

Mr. Tom Dougherty, attorney representing the applicant, was present to discuss the request with the Board. He stated that his client has an understanding with the property owner to the west that the berm will be jointly lowered. He requested that the Commission not postpone the request, but subject the Conditional Use Permit to this agreement.

Mr. Ford, County Attorney, stated that he felt the agreement was a good idea so there would not be any slopes and calleys and that the land would be level.

On a motion by Commr. Cason, seconded by Commr. Deems and carried, the Board postponed the rezoning cases until August 13, 1985, at 2:00 p.m. or as soon thereafter as possible.

Commr. Smoak abstained from voting as he is an adjacent property owner.

Public Hearing # 81-85-2 A to RP Rudy & Janie Geraci

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

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendations of the Planning Commission and approved rezoning from A (Agriculture) to RP (Multiple-Family Residential-Professional).

Public Hearing # 90-85-3 A to R-1-7 B.G. Harmon Fruit Co., Inc.

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

Mr. Jerry Sexton, Director of Development, informed the Board that a petition had been received at the Planning Commission objecting to the R-1-7 (Urban Residential) zoning.

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

Public Hearing # 78-85-3 A to AR Lonnie B. & Louise H. Stewart

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

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

Public Hearing # 87-85-2 RMRP + CUP #314-2 & A to PUD

Lakewood Development Partnetship

Mr. Ted Wicks, engineer for the project, and Mr. Steve Richey, attorney representing the petitioner, were present to discuss the 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 the request for rezoning from RMRP (Mobile Home Rental Park Residential)+ CUP #314-2 & A(Argiculture) to PUD (Planned Unit Development) with a variance from the required site development standards as contained in Section 696.20 (B) (5) of the Zoning Regulations:

696.20 (B) (5) (a)- A setback distance of 10 feet between buildings in lieu of 20ft.

696-20 (B) (5) (c)- A setback distance of 15 ft. from the right-of-way for building in lieu of 62.ft from the centerline or 25ft. From property line.

696.20 (B) (5) (d)- A setback distance of 25 ft. from the normal high water elevation of water bodies is requested in lieu of 50 ft. This variance is for the internal lakes system only. The 50 ft. setback will be observed for the Palatlakaha River and adjacent flood plains.

Public Hearing #92-85-1 RR tp RP Ralph & Alegra Haber

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planned Commission and approved rezoning from RR (Rural Residential) to RP (Multiple-Family Residential-Professional).

RESOLUTION/ZONING

Mr. Jerry Sexton, Director of Development, informed the Board that before the rezoning request, #72-85-3, Bruce Goren, could be approved a Resolution needed to be adopted amending the Comprehensive Land Use Plan to expand the Bramalea Urban Node, whish was created last year by including that portion of Section 22, 23, 24, 25, 26, 35 & 36, Township 24S, Range 26E. He stated that the west side of U.S. 27 was not included because it would have to be presented to the Department of Community Affairs and it might be months before the whole urban node would be recognized.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried anonymously, the Board approved the Resolution amending the Land Use Plan Element of the Comprehensive Plan, adopted February or 1977, to delineate that portion of Section 22, 23, 24, 25, 35 & 36, Township 24S, Range 26E, lying east of U.S. 27, all in Lake County, Florida as the Bramalea Urban Compact Node, consistent which Chapter 163.3187 of Florida Statues and directed that the Development Staff communicate with the Department of Community Affairs regarding the inclusion of the west side of U.S. 27 in the Bramalea Urban Node.

Public Hearing # 72-85-3 A + CUP #211-3, #305-3, #338-3 & #413-3 tp PUD or RM Bruce G. Goren

No one present wished to discuss this 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 A (Agriculture)+ CUP #211-3, #305-3, #338-3 & #413-3 to PUD (Planned Unit Development) which a variance from the required site development standards as contained in Section 696.20 of the Zoning Regulations:

1. 15 ft setback from the edge of road right-of-way for mobile homes in lieu of 62 ft. from the centerline or 25 ft. from the road right-of-way.



2. 10 ft. minimum distance between adjacent mobile homes in lieu of 20 ft. minimum.



3. 10 ft. setback along the North property line only ( a side lot line), in lieu of 25 ft. setback.



The approval of the PUD (Planned Unit Development) was subject to a new legal being submitted deleting the existing travel trailer park.

PUBLIC HEARING #75-85-3 a TO C-2 TO CP George W. Quigley

Commr. Smoak requested that the Board reconsider this case which had been previously denied. He stated that unless it is going to be the Board's policy to follow the Comprehensive Plan, then it needs to be done on a county wide basis. Discussion occurred regarding strip zoning.

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 A (Agriculture) to CP (Planned Commercial) for tractor sales and service, based upon the fact that the Development Staff, the Planning Commission, and Board will review the Comprehensive Land Use Plan and that this should be a major topic of discussion at that time.

ACCOUNTS ALLOWED/ SHERIFF'S DEPARTMENT

On a motion by Commr. Carson,. Seconded by Commr. Deems and carried unanimously, the Board approved the request from Sheriff Griffin to transfer $1,295.00 from the Sheriff's contingency account to the equipment account which will allow for the purchase of a DME for the Sheriff's aircraft, subject to the funds being available in the proper account.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:25 p.m.



GLENN C. BURHANS. CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

mcg/7-11-85