BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 10, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, May 10, 1988, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: Thomas J. Windram; Claude E. Smoak, Jr.; James R. Carson, Jr.: and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, Assistant County Administrator; Robert L. Wilson, Finance Director; and Sandra Carter, Deputy Clerk.

James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Carson.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of May 3, 1988 (after considerable discussion regarding them, particularly the portion regarding the new Criminal Justice/Jail Facility site), as corrected.

PUBLIC HEALTH/STATE AGENCIES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Petition for Admission to A. G. Halley State Hospital, for James F. Hannah, Mr. Dora, and authorized the proper signatures on same.

ACCOUNTS ALLOWED/ASSESSMENTS/COURTS-JUDGES/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the following Satisfaction of Judgments, and authorized proper signatures on same: Ralph W. Johnson, in the amount of $50.00 - Case No. 87-26,118TT42; Johnnie A. Engram, a child, and Minnie L. Engram, his mother, in the amount of $50.00 - Case No. 88-186-CJ; Henry Cox, Jr., in the amount of $250.00 - Case No. 88-286-CFA-0101; Elvin Dale Willis, in the amount of $500.00 - Case No. 83-485MMA0142.

Included in the motion was approval of the following Satisfaction of Assessment Liens and authorization for proper signatures on same:

Highland Lakes Subdivision

Marshall H. Gaard $ 182.46

Mt. Plymouth Subdivision

Nancy Felder 586.00

Robert Grant Marschner 455.50

Woodland Hills Subdivision

Charles S. and Vera Kennedy 287.99

Forest Lake Subdivision

Pamela Mooreland 1.533.89

Sorrento Ranchos Subdivision

Georgianna and Stephen Witt 3,037.85

Springs Bath &. Yacht Club

Bette R. McCall 1,192.55

Sorrento Shores Subdivision

S & K Realty 2,593.86

Hilltop Subdivision

Eunice R. Hutcheson 568.30

St. Johns-Manhattan Subdivision

Wilburn N. Lofty and J. W. Thomas, Jr. 693.67

Wilburn N. Lofty and J. W. Thomas 102.55

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request by the County Administrator, to purchase a 1988 Chevrolet Celebrity, at a cost of $10,795.00, for use by the Assistant County Administrator, Mrs. Katherine McDonald.

ORDINANCES/PUBLIC HEALTH

The County Administrator, Michael C. Willett, requested the Board to postpone action regarding the possible adoption of an emergency ordinance concerning a problem with septic tank regulations, as his staff was able to work out some problems concerning this issue. He recommended the postponement in order to allow the Board time to review said ordinance, as well as allow staff time to follow-up on the proposed Bill regarding the ordinance. He stated that he would bring a recommendation back to the Board in a couple of weeks.

No action taken at this time.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved a request to accept County Bid No. 026-340-088, to purchase bunker gear and PBI, from the Municipal Equipment Company, at an approximate cost of $40,000.00; and to purchase jumpsuits, protective breathing apparatus and hose, from Delray Fire Extinguisher Services, Inc., at an approximate cost of $40,000.00.

APPRAISALS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved a request to appraise property located on Highway 561, between Highway 565-B and Highway 474, for the fire station site, in the South Lake Fire District.

LAWS & LEGISLATION/ENVIRONMENTAL SERVICES/RESOLUTIONS

Ms. Cecelia Bonifay, Attorney, representing the law firm of Cummins & Richey, appeared before the Board to discuss House Bill 1151 (relating to rural water and sewer services). She stated that some major amendments have been made to said Bill, based on concerns that both members of the Commission, as well as members of the Legislature, have expressed. There is proposed a model legislative act to guide any future development of both independent and dependent special districts.

Ms. Bonifay reviewed said amendments to House Bill 1151 with the Board, of which a copy of same was submitted to them prior to the meeting, for their review. Considerable discussion occurred regarding said amendments, at which time Ms. Bonifay, as well as Mr. Steve Richey, Attorney, Cummins & Richey, answered questions presented to them by the Board regarding same, such as how the membership of district governing boards (covered in the amendments) are comprised, what authority they will have, and the legal aspects of having members removed from said boards, should the need arise to do so.

Commr. Carson then questioned as to whether the "district" (rural water and sewer district), created by House Bill 1151, would be subject to a utilities fee or a utilities tax sometime in the future, should the Board of County Commissioners choose to use this as a method of raising funds.

The County Attorney, Chris Ford, stated that such a fee probably could be drafted into the Bill, for said funds to go back to the County.

At this time, Commr. Windram discussed three alternatives of said Bill with the Board, being:

1. It will allow for the County to get into the sewer business sometime in the future, should the Board choose to do so.

2. It would give the Board the authority to franchise someone in the private sector, should they choose to do so.

3. It would permit for a joint venture and is not tied to Hampton Hills or anyone else.

Discussion occurred regarding said alternatives.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved to draft a resolution endorsing, in general, House Bill 1151, as discussed and amended this date.

ORDINANCES

At 1O:lO a.m. the Chairman announced that the advertised time had arrived for a Public Hearing regarding a proposed Tree Ordinance for Lake County.

It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.

Ms. Pat Leonard, Chairman of the Tree Ordinance Committee, appeared before the Board to discuss said ordinance and request approval of same. She submitted, for the record, letters received by the Committee, in support of said ordinance, and listed several local garden clubs and committees that are also in favor of the ordinance. She briefly reviewed the ordinance with the Board, for the benefit of those in the audience who were not familiar with the aspects of it..Mr. Lou Tally, Attorney, Mt. Dora, representing the Tree Ordinance Committee, appeared before the Board to discuss some technical amendments to the ordinance. He stated that he had met with staff several days ago and discussed said amendments with them.

At this time, he reviewed the amendments with the Board, answered questions presented to him, and requested approval of said amendments.

Discussion occurred specifically regarding the removal of trees from property, be it by a developer or by a private property owner. Questions were answered by Mr. Tally, from the Board, regarding this concern. It was noted that developers (residential or commercial) must leave a certain amount of trees (covered in the ordinance), while developing property; however, private property owners may remove whatever trees they wish after purchasing property on which their home has been built.

Mr. Michael Szunyog, Director of Planning, appeared before the Board to discuss and answer questions concerning site plans, in regard to removal of trees.

Mr. Rudy Marchese, Director of Planning and Development, appeared before the Board to discuss and answer questions presented by the Board, regarding the possible need for additional staff to carry out certain aspects of the ordinance, regarding site plans, as well as what procedures will be followed in issuing building permits, regarding same.

At l0:30 a.m. the Chairman announced that a motion needed to be made to move the Public Hearing scheduled for l0:30 a.m. to l0:40 a.m., in order to enable those present to finish discussion regarding the Tree Ordinance.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request, as stated above, and moved the time for the Public Hearing, regarding the Tree Ordinance, to l0:40 a.m.

Considerable discussion occurred regarding the issuance of building permits, in relation to the removal of trees, and how the appeals process will be handled, if the request for a building permit is denied.

At l0:40 a.m. the Chairman announced that the Public Hearing scheduled for l0:30 a.m. would be further moved up to 11:00 a.m.

Ms. Jane Kramer, Mt. Dora resident present in the audience, appeared before the Board and stated that the purpose of this meeting was to approve or deny the Tree Ordinance (of which the majority wants approval) and that the mechanics of the ordinance could be discussed at a later date, after the ordinance has been approved.

Ms. Mary Garrett, President of the Azalea Garden Club, appeared before the Board and questioned as to whether the Board, as individuals, wish to be the hatchet man for the few who will make money, by giving permission to destroy what nature has taken hundreds of years to create, for the present, as well as future, generations. She stated that the public anxiously awaits the decision of the Board, regarding this issue.

Mr. Hubert Bell, resident of Lake County for many years, appeared before the Board and stated some concerns he has regarding the removal of trees on private property, and requested that the Board postpone action regarding this ordinance, until the issue of building permits regarding the removal of trees from property being developed, has been resolved.

Mr. Bob Clark, resident of Leesburg, appeared before the Board and stated that in January he planted 1,000 trees on some property he owns, and does not like the idea of having to acquire permission, in the future, for the removal of any of those trees, should he choose to do so.

At 11:lO a.m. the Chairman announced that the Public Hearing scheduled for l0:30 a.m. would have to be further moved up to 11:20 a.m.

Mr. Jim Denslow, representing the Lake County Conservation Council, appeared before the Board and submitted a letter (for the record) from the Council, addressing some concerns that the Council has regarding the Tree Ordinance.

Dr. Bernard Yokel, President of the State Audubon Society, appeared before the Board (as he stated) in two capacities; one being as the President of the Audubon Society, and the other as a resident of Lake County. He informed the Board that his background is in ecology and research, and stated that he moved to the area several years ago (Mt. Dora) due to the natural beauty of Lake County. He briefly discussed the Tree Ordinance and urged adoption of it.

A motion was made by Commr. Carson and seconded by Commr. Bailey to approve amendments to the Tree Ordinance, as submitted to the Board by Mr. Lou Tally, as well as an amendment to change Preferred trees on Appendix "B" to Approved trees.

Commr. Burhans suggested that palm trees be removed from the Non-Preferred or Non-Approved Trees list on Appendix "A" and be inserted on the Preferred or Approved Trees list on Appendix "B", one reason being that it appears on the State seal.

At this time Ms. Leonard again appeared before the Board and stated that the Tree Ordinance Committee did not feel that palm trees should be on the Approved list, due to the fact that they do not fulfill the qualifications of other types of trees that are on said list; however, if putting palm trees on the Approved list would help to get the ordinance passed, then the Committee will accept this request and do so.

Ms. Jody Stubbs, President of the Eustis Garden Club, appeared before the Board and stated that she was aware of the fact that palm trees are the State tree, however, is against the request to put palm trees on the Approved list as they offer very little shade and attract cockroaches.

Mr. Steven Vaughn, local contractor in Mt. Dora, appeared before the Board and gave an example of a single family home owner, who presents a site plan to the Building Department for building a home on his lot, and is turned down, due to a problem concerning the removal of trees on the lot. He questioned who would pay for the appeals process - the builder or the property owner. It was noted that the individual submitting the appeal would have to pay.

Mr. Chick Gregg, local contractor in Leesburg, appeared before the Board and stated that the Committee has been working on the Tree Ordinance for approximately one and one-half years and the reason for eliminating palm trees, as well as citrus, from the Approved list was due to maintenance problems involved with them, as well as the fact that they offer no shade to speak of.

At this time Commr. Carson reiterated what his motion covered, which did not include adding palm trees to the Approved list. The Chairman called for a vote on the motion, which was carried.

Commr. Burhans voted "No".

Commr. Smoak brought up for discussion Section 3 (h) Replacement Tree of the ordinance. He stated that a replacement tree is described as a four foot high tree, in a mimimum container of five to seven gallons. He would prefer to see a more substantial tree, in the ordinance, than the four foot tall tree, due to the fact that a four foot tall tree is a very, very young tree and would take a very significant length of time to make an impact.

Ms. Pat Myer, President of the Clermont Garden Club, appeared before the Board to discuss the issue brought up by Commr. Smoak. She stated that there had been a tremendous amount of discussion regarding this issue, because the contractors and landscape engineers felt that the Committee would be putting a tremendous amount of impact upon builders, by asking them to put large trees in their developments, due to the lack of care, at the time of development. A smaller tree will have a better chance of surviving.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to amend Section 3. (h) Replacement Tree, in reference to Section 7. Minimum Tree Requirements (where it states under (a) "Any new single family or duplex dwelling unit on a lot of 6,000 square feet or greater - not less than three (3) trees.") be amended to read "A preferred (or approved) tree which is not less than 1" in caliper, 6" above ground, and contained in a minimum five to seven gallon container, Florida #l grade or better."

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved to place the ordinance on the floor for its first and final reading.

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board adopted Ordinance No. 1988-6, on its first and final reading, as follows:

AN ORDINANCE RELATING TO PROTECTION AND REMOVAL OF TREES WITHIN THE UNINCORPORATED AREAS OF LAKE COUNTY: SETTING FORTH FINDINGS OF FACT: SETTING FORTH DEFINITIONS: REQUIRING A PERMIT FOR REMOVAL OF TREES; PROVIDING FOR APPLICATION PROCESS FOR PERMIT; PROVIDING CRITERIA FOR ISSUANCE OF TREE REMOVAL PERMITS: REQUIRING TREE REMOVAL PERMITS FOR NEW SUBDIVISION, NEW COMMERCIAL, INDUSTRIAL, OR MULTI-FAMILY DEVELOPMENT; PROVIDING SPECIAL RULES FOR NEW SINGLE FAMILY AND DUPLEX DEVELOPMENT; PROVIDING TREE PROTECTION DURING DEVELOPMENT AND CONSTRUCTION; PROVIDING FOR APPROVED AND NON-APPROVED TREES; PROVIDING FOR VARIANCE, APPEAL AND PENALTY; PROVIDING FOR EXCEPTIONS AND EXEMPTIONS; PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE.

RECESS & REASSEMBLY

At 11:35 a.m. the Chairman announced that the Board would recess for five minutes.

Before the Board recessed, Ms. Dorie Hostettler asked those present to please take a minute and review some pictures (winners from more than 400 entries) from the Save-A-Tree Contest, sponsored by the Lake County League of Women Voters.

ORDINANCES/SUBDIVISIONS

At 11:40 a.m. the Chairman announced that the Board would now hold the Public Hearing regarding an ordinance amending Appendix C, of the Lake County Code, entitled subdivision ordinance.

It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.

No one present wished to discuss the ordinance with the Board.

Mr. Dave Clapsaddle, Director of Development Coordination, appeared before the Board and briefly discussed what the ordinance entails.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved to place the ordinance on the floor for its first and final reading.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board adopted Ordinance No. 1988-7, on its first and final reading, as follows:

AN ORDINANCE AMENDING APPENDIX C OF THE LAKE COUNTY CODE ENTITLED SUBDIVISION ORDINANCE; PROVIDING THAT CONDOMINIUMS AND COOPERATIVE SHALL BE TREATED AS SUBDIVISION; ELIMINATING THE REQUIREMENT OF FINAL PLAT APPROVAL BY THE PLANNING AND ZONING COMMISSION; AMENDING SECTIONS 50.32, 50.43, 50.48, 50.51, 63.13, 73, 73.13, AND 82 OF SUCH CODE: REPEALING SECTIONS 63.14 AND 63.15 OF SUCH CODE; PROVIDING A SEVERANCE CLAUSE: PROVIDING AN EFFECTIVE DATE.

ORDINANCES/ZONING

At 11:45 a.m. the Chairman announced that the Board would now hold the Public Hearing regarding an ordinance amending Appendix B, of the Lake County Code, entitled Zoning Ordinance.

It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.

No one present wished to discuss the ordinance with the Board.

Mr. Dave Clapsaddle, Director of Development Coordination, appeared before the Board and briefly discussed what the ordinance entails.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved to place the ordinance on the floor for its first and final reading.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board adopted Ordinance No. 1988-8, on its first and final reading, as follows:

AN ORDINANCE AMENDING APPENDIX B OF THE LAKE COUNTY CODE ENTITLED ZONING ORDINANCE; PROVIDING THAT EXTENSIONS OF THE PRELIMINARY APPROVAL OF A PUD DEVELOPMENT PLAN ARE FOR A TWO (2) YEAR PERIOD; AMENDING SECTION 696.13 OF SUCH CODE; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

ACCOUNTS ALLOWED/ANIMAL SHELTER/PUBLIC HEALTH/CHECKS RECEIVED

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved a request from Health and General Services, to accept a check, in the amount of $10,398.32, from the Mathilde A. Brammer Trust, for the Lake County Animal Shelter.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LIBRARIES

GRANTS/STATE AGENCIES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the contract with HBW Associates, Inc., for a library planning study, in accordance with a grant received from the State Library, in the amount of $6,000.00, as requested by the Library Coordinator.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LIBRARIES

GRANTS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the contract with the Division of Library and Information Services, for the Lake County Library Services to Youth Grant, in the amount of $30,000.00, as requested by the Library Coordinator.

COUNTY EMPLOYEES/RESOLUTIONS/PERSONNEL

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Personnel, to adopt resolutions honoring the following fifteen (15) year employees:

Michael C. Willett Katherine A. McDonald Burgess Back

Emory Hickey, Jr. Thomas Ivey, Jr. Phil Silkey

Doris Taylor Lloyd Warren Othia Johns

Harvey Foglesong Colby D. Odum Harry Howard

COMMITTEES/DEVELOPMENT

Mr. Rudy Marchese, Director of Planning and Development, appeared before the Board to discuss and answer questions that the Board might have regarding a request to appoint the Citizens Advisory Committee for the Traffic Circulation Element of the Comprehensive Plan for Lake County. He stated that said committee would be comprised of fourteen (14) individuals, plus four (4) City Advisory Committee representatives, as listed on a handout submitted to the Board by Mr. Marchese.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved said request, as stated above.

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the final plat of Trimpi Place; accepted an Irrevocable Letter of Credit, in the amount of $6,162.00, for maintenance; and accepted the following road into the County maintenance system: Indian Ridge Drive (2-3123E).

BONDS/ZONING

On a motion by Commr. Bailey, seconded by Commr. Carson, and carried unanimously, the Board approved the request from the Zoning Department, to demand payment of the surety bond of Haywood Richardson, Leesburg Area, District #2.

MUNICIPALITIES/ROADS-COUNTY & STATE/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Public Works, to accept the following roads in Mt. Plymouth into the County maintenance system:

#4-4288C Glen Eagles Street #4-3989 St. Andrews Boulevard

#4-4189C Oakmont Avenue #4-3989A Aberdovey Avenue

#4-39898 Brae Burn Street #4-4089 Pinehurst Street

#4-4187 Niblic Street #4-4107A Teho Street

#4-3987A Seaforth Drive #4-4188D Flossmor Street

#4-3989C Shawnee Street #4-4090A Baird Avenue

#4-4189B Ridgewood Street #4-3889 Timuquana Drive

#4-3989D Vero Street #4-4190A Whitemarsh Street

#4-4190 Biltmore Street #4-39878 Albia Avenue

BIDS/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to reject the bid for Project No. 11-88, Mt. Homer Road, Kurt Street, Ardice Avenue, and Ruleme Street, and to readvertise for bids.

ACCOUNTS ALLOWED/DEEDS/MUNICIPALITIES/TAX COLLECTOR

PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request from Public Works, to accept a Quit Claim Deed from William J. Rees and his wife Ruby B. Rees, for a 15 ft. strip of land on Northern Avenue, #l-5239, in the Bassville Park area, and to redeem tax certificates, in the total amount of $48.27 (certificates, interest, and advertising).

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS/PUBLIC WORKS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Public Works, to accept the following right-of-way deed:

Geneva M. Morrone Hollandel Road #2-3215

LAWS & LEGISLATION/RESOLUTIONS

Commr. Carson brought to the attention of the Board the item of a resolution, recommended to the Lake County Board of County Commissioners, from Collier County, supporting the proposed mandates amendment to the Florida Constitution, which restricts the Florida State Legislature, or Florida State agencies, from mandating programs on city and county governments without providing adequate funding.

A brief discussion occurred regarding said resolution.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the adoption of a resolution (by Lake County) supporting the proposed mandates amendment to the Florida Constitution, as indicated above.

LAWS & LEGISLATION/ENVIRONMENTAL SERVICES

Commr. Windram brought to the attention of the Board the fact that he had met with Don Findell, Director of Environmental Services, and put together some information which was forwarded to Lake County's legislative delegation, concerning the waste management act now under consideration by the Legislature. A copy of same was copied to each commissioner, for their review. He requested input from fellow commissioners, should they feel the need to do so.

Commr. Bailey stated that he would talk to the legislative delegation, on behalf of the Board, regarding the issue.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved a request Erom the Sheriff's Department, for reimbursement of funds, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, in the amount of $1,314.15, for educational expenses incurred during the months of March and April, 1988.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved a Contract for Sale and Purchase, between the Lake County Board of County Commissioners and Mr. Richard Smith, for property located at 503 W. Main Street, in Tavares, for the purchase price of $16,000.00, and authorized the proper signatures on same.

RECESS & REASSEMBLY

At 11:55 a.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

ZONING

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the postponement of the following cases:

#16-88-4 Mt. Dora Springs Development Sept. 13, 1988

#61-88-2 T. E. Triplett July 12, 1988

LPA#88-1-3 John F. Lowndes/Indian Hills June 14, 1988

PUBLIC HEARING #37-88-4 LENA LAW

Mr. Glenn Tyre, Realtor, representing the petitioner, appeared before the Board and stated that the petitioner had agreed to additional screening on the west side of the property in question, which should alleviate a problem concerning the residents in the area.

Ms. Renee' Roberts, representing property owners in the area, appeared before the Board in favor of denial of the request, as recommended by the Planning and Zoning Commission. She stated that the property owners in the area feel that if the request is approved, all it will do is add to an already overcrowded Hwy. 44 East, as well as downgrade the neighborhood. She stated several other reasons why this request should not be approved and submitted pictures to the Board, for review, showing the present Superior Asphalt location and how it is maintained.

Mr. Craig Butterfield, representing Superior Asphalt, appeared before the Board and indicated what will actually be built on the property in question, as well as what will be housed there. He stated that he would also buffer the front of the property.

Mr. Tyre made further comments regarding the present site of Superior Asphalt, located in a residential area of Mt. Dora, stating that there have been no complaints received, as of yet, from any of the surrounding neighbors.

Considerable discussion occurred regarding the type of zoning for the area in question.

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial).

Commr. Smoak and Commr. Burhans voted "No".

At this time, Commr. Smoak requested the legal staff to submit to the Board, in writing, a definition of commercial versus industrial, and the uses thereof, for further guidance to the Board in the future.

PUBLIC HEARING #55-88-5 ARTHUR F. SCHOLZ

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to R-l-5 (Mobile or Mixed Residential), for mobile and conventional homes.

PUBLIC HEARING #53-88-5 CLARENCE AND HELEN CYR

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), for a home to be built on the property.

PUBLIC HEARING #58-88-5 J. KENT MERRILL

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

PUBLIC HEARING #52-88-5 GERALD AND KAREN HAYNES

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request Eor rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial), as conditioned, for a used car lot with an existing convenience store and auto repair shop.

Commr. Windram was not present for the vote.

PUBLIC HEARING #98B-84-4 CONWAY D. KITTREDGE

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a second one-year extension of an approved Preliminary Planned Unit Development - Ord. #65-84, to complete permitting prior to construction.

PUBLIC HEARING #45-88-4 MARK DOUGHERTY AND DIANE D. TYRE

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

PUBLIC HEARING CUP#88/4/2-4 G.M.H. PROPERTIES, INC.

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

PUBLIC HEARING #57-88-4 OMER SCHROCK AND KEITH SHAMROCK

No one present wished to discuss the 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 and Zoning Commission and approved the request for rezoning from RP (Multiple-Family Residential-Professional) to CP (Planned Commercial) with C-2 (Community Commercial) uses, to allow a veterinary clinic and other C-2 uses, with the exception of Occult Sciences.

PUBLIC HEARING #54-88-4 WILLIAM R. BENNETT

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

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RP (Multiple-Family Residential-Professional) to CP (Planned Commercial), for retail citrus and cut flowers and a variance of Sec. 69.123 of Lake County Zoning Regulations, for a setback of 27 ft. from the property line, instead of 50 ft. from the right-of-way of Bennett Drive.

PUBLIC HEARING #59-88-3 CARL LUDECKE

Ms. Glenda Mahaney, representing the Night Star Lounge, across the street from the property in question, appeared before the Board in opposition of the request. She requested postponement of this case in order to allow her time to review it and do some research, if needed. She questioned as to why every time a case comes before the P & Z Board, or the BCC, that she nor her mother are ever properly notified.

Mr. David Clapsaddle, Director of Development Coordination, informed the Board that staff notified everyone on the list that was submitted to the Zoning Department by the petitioner, listing anyone who owns property within 150 ft. of the property in question.

Mr. Lou Tally, Attorney, representing Ms. Zela Moore, a property owner adjacent to Ms. Mahaney's property, across the street from the property in question, appeared before the Board and questioned access to said property.

Mr. Carl Ludecke, the petitioner, appeared before the Board and informed those present how the property in question will be utilized. Some discussion occurred regarding the road right-of-way and access to the property.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to LM (Light Manufacturing) for the top half of the property, and R-1-10 (Medium Density Residential) for the bottom half of the property, for manufacturing and single-family homes.

PUBLIC HEARING #50-88-3 OKLAWAHA BASIN RECREATIONAL & WATER

CONSERVATION AND CONTROL

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

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) & RR (Rural Residential) to PFD (Public Facilities District), with a stipulation that a site plan, showing the proposed uses and buffering, is provided to the Planning and Zoning Commission for approval, prior to staff final site plan approval.

PUBLIC HEARING, #46-88-2 MAMIE M. KAHAN

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to R-l-5 (Mobile or Mixed Residential), to allow division of property and mobile homes.

PUBLIC HEARING #62-88-3 LEONARD H. BAIRD, JR.

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

PUBLIC HEARING #60-88-3 WILLIAM K. STRATFORD

Mr. William Stratford, the petitioner and owner of the property in question, and Mr. Jim Branch, an engineer, representing the buyer of the property, appeared before the Board to discuss the request and to answer any questions that the Board might have. Mr. Branch stated that his firm was proposing approximately 188 lots for residential homes, under R-1-10, which gives a density of less than two homes per acre. Mr. Branch reviewed a site plan map with the.Board indicating how the development will be laid out.

Commr. Smoak stated that the density of the property is too high for the area in question, for this type of development, and made a motion that the Board uphold the recommendation of the Planning and Zoning Commission and deny the request for rezoning from AR (Agricultural Residential) to R-1-10 (Medium Residential), which was seconded by Commr. Carson.

At this time, Mr. John Blanchard, owner of a piece of property located approximately 100 yards from the property in question, appeared before the Board in approval of denial.

Mr. Jim Branch then requested an R-1-15 type zoning, rather than an R-1-10, in order that the Board might approve the request.

At this time, the Chairman called for a vote, which was unanimous, to deny the request.

PUBLIC HEARING #51-88-2 MARVIN V. TATUM

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

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from AR (Agricultural Residential) to RR (Rural Residential).

PUBLIC HEARING #88/4/l-2 KIM SECHLER

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

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in M-l (Heavy Industrial), to place a caretaker's residence (mobile home) on the property.

PUBLIC HEARING #49-88-l MARTHA IRIS TURNER

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to R-1-10 (Medium Residential), to construct an additional home on the property.

PUBLIC HEARING #56-88-l FLORIDA POTTERY & SUPPLIES/ROLAND BELL

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) to MP (Planned Industrial), to expand the existing Ceramic Production, with sales and one existing residence.

PUBLIC-HEARING #47-88-l WILLIAM L. BENNETT

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates), to subdivide the lot into two parcels.

PUBLIC HEARING #48-88-l ACE HILLS GOLF COURSE

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for a golf course, with a conditional amendment to require a "Dead End" sign at the entrance to the Abacassus property, off Landfill Road.

PUBLIC HEARING #42-88-l EVERETT CHISHOLM

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RMRP (Mobile Home Rental Park Residential) to RM (Mobile Home Residential), to subdivide into one-half acre lots.

PUBLIC HEARING #43-88-5 HOWARD FERGUSON

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RM (Mobile Home Residential) to R-l-7 (Urban Residential District), to replace the existing mobile home with a single-family unit.

PUBLIC HEARING #9-858-4 LAKE PROCTOR CORPORATION

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a second one year extension of an approved preliminary development plan for PUD #21-85.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:35 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

SEC/5-13-88