The Lake County Board of County Commissioners met in regular session on Tuesday, August 15, 1989, 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: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk and Acting County Manager; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.
MINUTES
The Board postponed action on the Minutes of July 24, 1989 (Budget Workshop), July 25, 1989, (Budget Workshop), and August 8, 1989, in order to review in detail.
CLERK OF THE COURTS CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request for payment of Warrant #97173 to Warrant #17596, for the following accounts:
Countywide Fire District Landfills
County Transportation Trust Mt. Plymouth Fire District
General Revenue
Mosquito Control Northwest Fire District
Pasco Fire District Aquatic Weed
Bassville Fire District Private Industry Council
South Lake Fire District Fine & Forfeiture
Paisley Fire District Capital Outlay
Revenue Sharing Section 8
Eustis Section 8 Road Impact
Emergency 911 Fund Law Enforcement Trust Fund
Law Library Northeast Ambulance
Northwest Ambulance
Request for payment for the following indigents:
Florida Power, Inc. for Barbara J. Dail/$50/District #l
Ethel Rogers for Raejeanna Jeffery/$50/District #l
Margaret M. Esorey for Robert W. Ritch/$50/District #3
John E. Manigault for Annie Ruth Williams/$50/District #3
Accounts Allowed/Reports
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases for the Month Ending July 31, 1989, in the amount of $130,399.48.
State Agencies
Request to acknowledge receipt of the State of Florida, Department of Transportation, Planning and Public Transportation, Notice of Intent, "Proposed Private Seaplane Base", stating that a seaplane base site approval will be issued on or after August 18, 1989, unless cause is shown in writing why it should not be granted.
Jails/Municipalities/Resolutions
Request to acknowledge receipt of Resolution 89-05-02 received from the Town Council of Howey-in-the-Hills, in opposition to the location of a Federal prison in/near the Town of Howey-in-the-Hills, or Lake County, in support of other communities in Lake County who take a similar posture toward this proposal.
Committees/Jails/Municipalities/Resolutions
Request to acknowledge receipt of Resolution No. 89-21 received from the City Commission of the City of Eustis, promulgating to the Lake County Prison Site Selection Commission its support, encouragement, and desired direction in the selection of a site for the construction of a federal prison facility in Lake County, Florida.
Accounts Allowed/County Property
Request to delete eight items from Fixed Assets, in the amount of $14,359.26, per Mr. Don Gullickson, Property Records Department.
Contracts Leases & Agreements/Courts-Judges
Request to approve the Criminal Conflict Contract between Lake County, William A. Stone, P.A., and the Public Defender's Office.
Accounts Allowed/Assessments/Subdivisions
Request for signatures on the following Satisfaction of Assessment Liens:
Parcel 51, Further Described
Loren Lee & Angela Liston $1,822.80
Parcel 52, Further Described
Lonnie Leon & Lisa Liston $1,265.80
Silver Lake Estates
Kathy L. Carver $ 977.82
Mt. Plymouth
Thomas G. Euch $ 514.42
Highland Lakes Subdivision
Marshall H. Gaard $1,169.82
Western Shores
George & Carol Leonard $ 368.56
Hilltop Sorrento Subdivision
Carl W. Roller $3,601.94
Hilltop S/D
Hubert K. & Berda L. Williams $ 788.41
Gary E. Gracemyer $1,724.42
Astor Forest Campsites
Carter L. & Josephine H. Meadows $1,145.25
Steve C. & Gertrude Snedegar, Sr. 1,168.22
Clinton c. & Betty Crawley 944.14
Clinton C. Crawley 944.14
Joseph A. & Janet Jackson 1,288.16
Thomas J. & Wilma P. Adams -0-
Budget Transfers/Sheriff's Department
The Board postponed action on the request for the following transfers, in the 1988-89 Sheriff's budget, until clarification can be made:
From To
Jail/Correction Operating $48,000 Law Enforcement Oper. $48,500
Sheriff's Contingency 27,000 Law Enf. Capital Outlay 26,500
Total $75,000 $75,000
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
ADMINISTRATIVE SERVICES
Contracts, Leases & Agreements/Municipalities/Purchasinq
Department
Request for an Interlocal Agreement for Cooperative Purchasing between Lake County and the City of Leesburg.
ENVIRONMENTAL SERVICES
Accounts Allowed/Bids/Environmental Services
Request for authorization to award the bid for Total Organic Carbon Analyzer to Rosemount Inc., Dohrman Division, at a total cost of $20,031.00.
HEALTH AND GENERAL SERVICES
Contracts, Leases & Agreements/Fairgrounds
Request for the renewal of the Fair Management Agreement.
Fire Protection
Request from the Paisley Fire District to donate back to Mr. Bob Vanderpool a 1967 Buick sedan.
Accounts Allowed/Contracts, Leases L Ageements/Libraries
Grants
(1) Request for signature on the Library Services and Construction Act (LSCA) Grant Agreement #DLIS-89-1-02-E-06, Service to Youth, in the amount of $45,000.00.
(2) Request for signature on the Library Services and Construction Act (LCSA) Grant Agreement #DLIS-89-1-10-D, Services to the Elderly, in the amount of $30,000.00.
(3) Request for signature on the Library Services and Construction Act (LSCA) Grant Agreement #DLIS-89-1-12-C, Literacy Programs, in the amount of $20,000.00.
(4) Request for signature on the Library Services and Construction Act (LSCA) Grant Agreement #DLIS-89-1-02-F-05, Library Services through Technology (Automation), in the amount of $55,000.00.
Accounts Allowed/Libraries/Municipalities
(1) Request for reimbursement of expenditures made on behalf of the Eustis Library, for July, 1989, to the City of Eustis, in the amount of $2,039.31.
(2) Request for reimbursement to the City of Mt. Dora for salaries and benefits for the Mt. Dora Library, for July, 1989, in the amount of $5,682.61.
Accounts Allowed/Public Health
Request for authorization of payment for the monthly Medicaid Nursing Home bill, in the amount of $25,047.22; Medicaid Nursing Home Re-Bill, in the amount of $495.00; and the Medicaid Hospital bill, in the amount of $23,114.86.
PLANNING AND DEVELOPMENT
Planning and Development/Subdivisions
Request for preliminary approval of Apshawa Acres Subdivision.
Accounts Allowed/Bonds/Resolutions/Roads-County
and State/Subdivisions
Request for final approval of Oak Glen Subdivision: acceptance of a maintenance bond, in the amount of $2,167.00; and acceptance of the following road into the County maintenance system: Oak Glen Way (3-40588).
Accounts Allowed/Bonds/Subdivisions
Request for final approval of The Vistas, First Addition and acceptance of a performance bond, in the amount of $211,758.00.
Bonds - Mobile Home
Request for the cancellation of the following mobile home bonds:
D. Brinson - Bassville Park Area - District #l
Marie Miller - Fruitland Park Area - District #l
PUBLIC WORKS
Road Closings - Permission to Advertise
(1) Request to advertise Road Vacation Petition No. 555, from John R. Prickett, Jr., to vacate unnamed street and lots, Barclay's Addition to Lane Park, Tavares Area.
(2) Request to advertise Road Vacation Petition No. 557, from Arthur E. and Brenda J. Ens, to vacate unnamed road Sec. 3, Twp. 22 S., Rge. 26 E., Vinola Gardens in the Montverde Area.
Accounts Allowed/Bids/Road Projects
(1) Request for payment #7 to Trac Roadbuilders, Inc., for Project #6-68, C-473 Widening and Resurfacing, in the amount of $67,785.53.
(2) Request to award Project #8-89, C-44C, Eudora Road, Design-Build Construction Lump Sum Bid Project, to Paquette Paving co., Inc., in the amount of $219,880.00 - low bid.
(3) Request to award Project #7-89, S. Quarter Road #2-3109, Main Street #2-3109A, Haywood Worm Farm Road "Part" #2-3110, and Hollandel Road #2-3215, to Trac Roadbuilders, Inc., in the amount of $312,236.55 - low bid.
Municipalities/Public Works/Right-of-Ways, Roads & Easements
Request to execute a utility easement, to the City of Tavares, for the Wastewater Diversion Project.
Accounts Allowed/Bids/Public Works
Request to purchase an EM2200 Generator from Honda of Leesburg, at a cost of $842.00 - low bid.
Deeds/Municipalities/Right-of-Ways, Roads & Easements
Roads-County and State
Request to release the following Murphy Act Deed Reservations:
#557 Reserve Right-of-Way on railroad and 56 ft. dedicated road right-of-way, as shown on Northshore Subdivision plat -City of Eustis - Charles G. Aschmann, Jr.;
#287 Retain 56 ft. dedicated right-of-way, as shown on Northshore Subdivision plat - City of Eustis - Charles G. Aschmann, Jr.;
#648 Release all reservations - Royal Trails Area - Springwood Acres Inc.;
#l005 Release all reservations - Royal Trails Area - Springwood Acres Inc.;
#1872 Reserve 33 ft. from centerline on Lake Ella Road #l-6604 - Southwest of Lady Lake - Patricia A. Harden.
Roads-County & State/Right-of-Ways, Roads & Easements
Request to accept the following Non-Exclusive Easements:
Albert H. Bryant, Jr. and Patty Jo Deubel - Robbins Road
Dorothy Giordano - Robbins Road
Accounts Allowed/Bids/Budgets/Public Works
(1) Request to advertise for bids for five (5) 1990 3/4 ton diesel pickup trucks, at a total estimated cost of $75,000.00 ($15,000.00 each), as approved in the 1989/90 budget workshop.
(2) Request to advertise for one (1) 1990 one-ton diesel cab and chassis, at an estimated cost of $16,000.00, as approved in the 1989/90 budget workshop.
(3) Request to advertise for bids for one (1) 1990 Diesel Crew Cab with a dump body, at an estimated cost of $40,000.00, as approved in the 1989/90 budget workshop.
(4) Request to advertise for bids for three (3) 1990 eight c.y. diesel dump trucks, at a total estimated cost of $111,000.00 ($37,000.00 each), as approved in the 1989/90 budget workshop.
(5) Request to advertise for bid for one (1) 14 c.y. Diesel Dump Truck, at an estimated cost of $70,000.00 (Landfill Enterprise Fund), as approved in the 1989/90 budget workshop.
COUNTY MANAGER DEPARTMENTAL BUSINESS
COUNTY MANAGER/COUNTY POLICY/RESOLUTIONS
Discussion occurred regarding the County Division fees for 1989-90.
Commr. Gregg questioned the Stormwater Management System Review fee, and the following proposed increases: Commercial - $75.00 to $250.00 for Commercial, and Residential - Small, $50.00 to $175.00.
Mr. Don Findell, Director of Environmental Services, addressed Commr. Gregg's questions by stating that the proposed increases are in order for the department to try and recoup its costs for the total review, with the costs being an average amount based on the survey of twelve other agencies. Mr. Findell stated that there have been no public notices, as far as the proposed increases, and that the previous fees were set by resolutions approved by the Board.
Commr. Gregg stated his concerns with the increases in the Stormwater Management System Review fees, and suggested charging on impervious area, rather than charging a set fee.
Commr. Swartz questioned the proposed increase in the impoundment fee, presented in the schedule from Animal Control.
Ms. Frankie Thorpe, Director of Animal Control, addressed Commr. Swartz's questions by stating that the proposed increase from $5.00 to $15.00 for impoundment is proposed for the consideration of owners for first time impoundments, but a higher fee could be justified.
Commr. Swartz suggested that Ms. Thorpe reevaluate the proposed impoundment fees, and bring back to the Board resolutions supporting the increase in fees. He further suggested that the public be informed of these proposed increases.
Commr. Swartz discussed the compliance on the purchase of animal tags, with Ms. Thorpe stating that most of the sales of tags are handled through the veterinarian offices, but with the veterinarians not assisting with the enforcement of the County ordinance. At this time, Commr. Swartz requested that Ms. Thorpe come back to the Board with recommendations for better compliance for the purchase of animal tags.
Commr. Gregg, once again, indicated that he would like to see a set minimum fee for Stormwater Management System Review, based on square footage of impervious area.
Mr. Findell stated that the Department of Environmental Regulations has a sliding scale of $100.00 to $500.00, for the reviews, with the St. Johns River Water Management District following the same type of scaling.
Commr. Swartz suggested a minimum fee of $175.00, and an additional amount per square footage.
Commr. Gregg postponed further discussion on the proposed fees, in order to hear the public hearings scheduled for a time certain.
ROAD CLOSINGS - PUBLIC HEARINGS
PETITION #551 - Arnold & Pearl M. Jackson - Lisbon Area
At 9:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on Petition No. 551.
It was noted that the proper proof of publication was on hand as it appeared in the July 27, 1989, and August 3, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
No one present wished to discuss the request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the request to vacate an easement, Jackson's River Country Estates, Lisbon Area, as advertised by Arnold and Pearl M. Jackson.
PETITION #552 - James K. or Dorothy C. Best - Lake Jem Area
The Chairman announced that the advertised time had arrived for the public hearing on Petition No. 552.
It was noted that the proper proof of publication was on hand as it appeared in the July 27, 1989, and August 3, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
Mr. Jim Stivender, Director of Public Works, addressed the Board on the request to vacate a road and boathouse lots. Mr. Stivender stated that this request involves a very old subdivision plat..Admiral Paul G. Prins, owner of boat lot #13 on Lake Jem, appeared before the Board and stated that he has never seen a certified survey, and presented to the Board a survey, which shows boat lots #l-10 that take over boat lots #ll-16. Admiral Prins stated that there was a proposed road, which would run to Lake Jem, but it was never constructed. The Board reviewed the record plat presented by Mr. Stivender.
Mr. Lonnie Leonard appeared before the Board to address the issue and stated his concerns.
Admiral Prins and Mr. Leonard stated that they do not object to the vacation, but wanted to make sure that they would not be losing their interest in the property.
Mr. Robert Vason, Attorney representing the applicant, appeared before the Board, and stated that he understood that the plats are very old, and do not show dedications or dimensions. Mr. Vason stressed that his client was not requesting to vacate any portion of the plat, or any portion of the road that fronts on anyone else's property, other than his clients. Mr . Vason requested that the petition be granted, and let a private civil matter determine where the line lies.
Mr. Leonard stated that the surveyor has placed a concrete marker in the wrong place, for lots l-10, with the plat showing lots l-15 on the west side, and lots 16-30 on the east side.
Mr. Vason presented a survey that bears the seal of Howard Durden that shows ten lots.
Mr. Stivender discussed the survey that shows lots l-10, with a plat drawing that shows lots l-15, which occupy the same space.
Mr. Vason stated that the request is to vacate according to the original plats.
Mrs. Helen S. Prins appeared before the Board to comment on the process of vacating property that has not been surveyed.
At this time, the Chairman announced that the Board will postpone the discussion on Petition No. 552, in order for the County Attorney, Mr. Chris Ford, to review.
PETITION #553 - Jimmyor Verlene Wallace - Okahumpka Area
It was noted that the advertised time had arrived for the public hearing on Petition No. 553.
It was noted that the proper proof of publication was on hand as it appeared in the July 27, 1989, and August 3, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
No one present wished to discuss the request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Windram carried and unanimously, the Board approved the request to vacate road parts of Second Street, between Blocks F & I, Okahumpka Area, as advertised by Jimmy or Verlene Wallace, in Petition No. 553.
PETITION #552 (CONT'D.) - J. K. or D. C. Best - Lake Jem Area
After review of the information presented in Petition No. 552, Mr. Chris Ford, County Attorney, stated that there appears to be an error in the plat, or in the survey, and recommended postponing the request until Mr. Stivender can meet with Mr. Durden, who prepared the survey, to try and rectify the location of the line.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the request to vacate road and boathouse lots, Lake Jem Villa Subdivision, and Lake Jem Villa Properties Subdivision, Lake Jem Area, as advertised by James K. or Dorothy C. Best, Petition No. 552, until September 5, 1989, at 9:30 a.m.
COUNTY POLICY COUNTY MANAGER (CONT'D.)
Discussion continued regarding the proposed County division fees for 1989-90, with the Board reviewing the information and asking questions of the Department heads.
Mr. John Swanson, Director of Development, informed the Board that he has submitted the proposed Building Permit Fee Schedule to the Executive Committee of the Homeowners Association, with the Association being in almost total agreement except for section (F), Page 2, which indicates that, for purposes of determining values on building single family residents, a cost of $30.00 per square foot shall be presumed. The Association suggested $15.00 per square foot.
Mr. Jack Bragg, Building Official, and Mr. Greg Stubbs, Principal Planner, were present to discuss the proposed fee schedules with the Board.
Commr. Gregg stated that, it was the consensus of the Board for the fees discussed to be modified, with direction being given to staff to bring back resolutions supporting the changes.
ACCOUNTS ALLOWED/MUNICIPALITIES/PUBLIC WORKS/JAILS
Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board to discuss the request for payment to the City of Tavares, for the Wastewater and Water Capital charges for the proposed new County Jail, at an estimated impact of $407,520.00.
Mr. Anderson stated that the City of Tavares, under City Ordinance 87-60, has established a water and wastewater capital charge to be assessed by the City to defray a proportion of the capital improvement expenses necessary to provide the capacity required for new water and wastewater connections. Wastewater charges and water charges are scheduled to increase 6% per year effective October 1, 1989, and each year thereafter.
Mr. Anderson stated that, presently, the City allows reservation of wastewater fee only, however, due to the size of this project, the City is considering the reservation of water fees as well. In addition, they are considering accepting an allowance fee for the new courthouse, if an acceptable fee adjustment can be worked out based on preliminary space study versus final design drawings.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for payment to the City of Tavares, as stated above, prior to the October 1, 1989, escalation of fees.
ACCOUNTS ALLOWED/PUBLIC HEALTH/MUNICIPALITIES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to collect liquidated damages of $1,750.00 against the Certificate of Completion of the Health Care Unit in Umatilla, to be deducted from Mark Cook Builders, Inc.'s final pay request.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to increase Jammal & Associates' contract, for additional soil and groundwater testing south of Main Street, at a cost not to exceed $4,160.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board approved the request to amend the existing HOK Contract, for the design of the new Prelude Project. The fee is to be 7.25% of the construction cost, which is approximately $152,250.00.
Commr. Windram was not present for the vote.
COMMITTEES/ZONING
Mr. Chris Ford, County Attorney, discussed a variance request for Robert L. Smith. On May 25, 1989, the Board of Zoning Appeals heard BZA Case #89-27, submitted by Robert L. Smith. Mr. Smith was requesting a variance for a twenty (20) foot setback from the right-of-way to permit his carport to remain on the parcel as constructed. The Board of Zoning appeals denied the variance request: however, they are recommending to the Board of County Commissioners that the owner be compensated for all expenses, including labor and material, for the construction anti demolition of the carport, since the permit was issued in error.
Mr. John Swanson, Director of Development, addressed the Board and stated that the BZA Minutes reflect that Mr. Ludecke said he felt the County should never have issued the building permit and should be liable for the expense of constructing and tearing down the carport. MS. Denise Bleau, County Attorney's Office, said this Board does not have the jurisdiction to require the County to pay these expenses.
Mr. Ford stated that his legal staff's opinion is that the issue could be some responsibility on the part of the County, and is very minor, and that it is as much of an economic recommendation as anything else, for the Board to approve the costs of $425.00, in order to avoid a lawsuit. Mr. Ford stated that he did not feel that the County is at fault, but an argument could be presented. He felt that this could be an inexpensive settlement to an alternative being a potential lawsuit.
Discussion occurred regarding the Code Enforcement Board reviewing the issue, with Mr. Ford stating that the Code Enforcement Board does not have the power to award, or recommend, a settlement. He further stated that the Board of Zoning Appeals made the recommendation for the Board to compensate the owner for all of the expenses, including labor and materials.
Ms. Lorraine Smith appeared before the Board to discuss the issue and reviewed the steps taken to build the carport.
Commr. Gregg, Commr. Windram, and Commr. Swartz stated that they did not wish to set a precedent to pay these expenses.
The Board members reviewed the survey and information presented by Mr. Swanson. After further discussion, Commr. Gregg stated that he had a different opinion as to the County's responsibilities.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the payment of $425.00, to Mr. Robert Smith, in relation to the above, and as recommended by the County Attorney, and with the appropriate budgetary transfers being made.
Commr. Swartz requested that the Planning and Building staff sign off on the required site plans, assuring that they meet the necessary setback requirements.
PUBLIC HEALTH/ORDINANCES/RESOLUTIONS
Commr. Gregg discussed the proposed Alcohol Training Ordinance and Resolution, and stated that Mr. Bill Steam, County Attorney's Office, indicated that he had a problem with the Ordinance specifying any particular program and having to bring it back and to certify a program.
Mr. Chris Ford, County Attorney, suggested scheduling a hearing for the Ordinance and Resolution, in order to address public input.
Discussion occurred regarding vendors and servers, with Mr. Ford stating that he understood that, in those areas where there are definitions, the Board wants to specify that it pertains to those establishments that have on premise consumption, and not where it is just retail sales for off premise consumption. Mr. Ford stated that this would be his recommendation.
Commr. Gregg suggested that a public hearing be scheduled, and requested that Mr. Stearn communicate with Mr. Jeff Herlong, regarding the training program.
It was the consensus of the Board that the above issue be scheduled for a workshop, at a time certain, rather than a public hearing, with advertisement being made other than the agenda.
APPOINTMENTS-RESIGNATIONS/PUBLIC HEALTH
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the request for the appointment of Ms. Nancy Taylor, Administrator of LRMC's nursing facility, as a Lake County provider position on the Board of Directors of the North Central Florida Health Planning Council.
Commr. Windram was not present for the vote.
ACCOUNTS ALLOWED/MUNICIPALITIES/OUTDOOR RECREATION
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the request for recreational funding to the Cities of Mascotte and Groveland, in the amount of $6,500.00 each.
Commr. Windram was not present for the vote.
ENVIRONMENTAL SERVICES/ORDINANCES
Discussion occurred regarding the request for approval to advertise the proposed amendments to the Solid Waste Flow Control Ordinance. Mr. Chris Ford, County Attorney, suggested that copies of the amendments be distributed to all parties who have an interest in the Ogden Martin project.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved to advertise the proposed amendments to the Solid Waste Flow Control Ordinance.
Commr. Windram was not present for the vote.
ANIMAL CONTROL/ORDINANCES
Commr. Bakich informed the Board that staff has reviewed and developed a revision to the present Animal Control Ordinance.
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that one of the concerns involves the establishment of an Animal Control Board. Mr. Findell stated that staff was seeking further direction from the Board.
Discussion occurred regarding the need for an Animal Control Board, with Commr. Swartz stating that he felt it would be advantageous to have this Board. He further stated that he felt the Animal Control Board would serve a useful purpose working between the Animal Control staff and this Board on appeals.
Mr. Ford stated that the Board should carefully consider using the Code Enforcement Board to deal with the vicious animal disputes. He further stated that he is not of the opinion that there is a need for the Animal Control Board, because of the infrequency of the animal cases. Mr. Ford suggested that some of the County staff and Board members may want to contact Seminole County to discuss their experiences with the use of an Animal Control Board. Some of the members of the Board indicated that they did not feel the need for the creation of another Board, with Mr. Findell stating that it was also the staff's opinion not to create another Board.
Commr. Bakich stated that he would like to direct staff to work with the County Attorney's staff, in the revision of the ordinance, and to come back with recommendations.
Ms. Susan Roberts, representing the Lake Kennel Club, appeared before the Board and stated that the Club presented the Seminole County Ordinance to Lake County for consideration. Ms. Roberts stated that the club supports the Seminole County Ordinance and recommends that Lake County approve an ordinance in same. She further stated that the Seminole County Ordinance has been on the books 17 years and has been court tested. She further stated that Orange County tried to develop such an ordinance, by revising the wording established within the Seminole County Ordinance, but was unsuccessful.
Ms. Roberts continued by saying that the creation of the Animal Control Board would alleviate the problems coming to the Board of County Comissioners, and that she knew people willing to serve on this Board.
Mr. Lonnie Strickland, Director of Health and General Services, stated that several years ago, the County staff did meet with the different agencies in the area, to discuss the development of a new ordinance, and at which time, the decision was made not to utilize the Code Enforcement Board, to consider vicious animal complaints.
Commr. Swartz stated that having a citizen review Board would he one of the best things that the County could have, in order to hear complaints first hand, with the problems that cannot be resolved by this Board. He further stated that the creation of the citizens Board could assist with the Animal Control budget, and other items within the area of Animal Control.
Commr. Bakich stated that the main attempt being made, with the upgrading of the Animal Control Ordinance, is to address vicious animals.
Ms. Blaire Barrett, Obedience Trainer, Lake County Kennel Club, appeared before the Board and stated that the creation of the Animal Control Board is to assist in making Ms. Frankie Thorpe's job easier. The Board would meet four times a year, and the members would be knowledgeable in the animal field.
Ms. Frankie Thorpe, Director of Animal Control, appeared before the Board and stated that, if the present ordinance is modified to include vicious animals, a provision will need to be established for the impoundment. She stated that, should an animal need to be impounded for a long period of time, consideration needed to be given to the time frame for the citation hearings to come before the court.
Mr. Ford stated that those cases would have to be placed for advanced hearings before the court.
Commr. Gregg stated that he feels the County has a problem with dangerous animals, and it needs to be resolved, but that he did not feel that the County was in the position to go beyond this point, because of the budget being proposed by the County.
Commr. Bakich suggested contacting Seminole County to obtain the costs entailed with the establishment of an Animal Control Board, in relation to staffing, etc.
Mr. Ford stated that the staff, and the County Attorney's legal staff, determined that the Animal Control Board could be used in the appeal process, for determinations of vicious animals, but other areas should continue under Animal Control, and probably be removed from the ordinance.
Commr. Gregg stated that it is the feeling of the Board to have staff work with the local people, to contact Seminole County, and to redraft the present ordinance.
Commr. Swartz reiterated the need for the Animal Control Board, and stated that he felt what was being proposed by staff today was better than what presently exists in the Animal Control Ordinance.
Mr. Findell stated that he had previously recommended taking the current ordinance, addressing the vicious animal issue, and any other issue that needed to be addressed, and to merge the changes into the existing ordinance, and bring it back to the Board with recommendations.
Commr. Gregg stated that it is the consensus of the Board for staff to work with the local people involved, in order to resolve the problems reported in the past.
RECESS & REASSEMBLY
At 11:40 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for rezoning.
ZONING
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the following postponements and withdrawal:
Postponements
#139-89-3 Robert Burke 9-19-89
CUP#89/5/4-4 Lloyd Lexius 10-17-89
#67-89-4 M. K. Citrus 9-19-89
#68-89-4 M. K. Citrus 9-19-89
#137-89-5 W. P. Parrish 10-17-89
#96-89-4 Mark Carson/Ramapo Ranch 9-19-89
#97-89-4 Peter Neubauer/Mark Carson 9-19-89
CUP89/5-5-4 Ernest Maddy 9-19-89
#98-89-4 Mark Carson & Canteen Foods 9-19-89
#99-89-4 Bahata Fruit Co., et al 9-19-89
#lOO-89-4 Mark Carson/Bahata Fruit Co. 9-19-89
Withdrawal
#146-89-3 Joan F. Kennedy
PUBLIC HEARINGS REZONING
PETITION #36-89-4 A to CP Freddie N. Richards
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request. He stated that he was before the Board 60 days ago and presented a site plan on thirteen (13) acres, which has been reduced to a five acre parcel, with the balance of the property going to the County for the siting of a fire facility and park, and open space area. The request was postponed, in order for him to check with the Lake County School Board on their ideas relating to the site. The land in question is located next to the new Elementary School. Mr. Richey stated that the existing homes in this area justifies the need for the Elementary School, and also justifies a CP (Planned Commercial) with C-l uses.
Commr. Windram made a motion, which was seconded by Commr. Bailey to overturn the denial and approve the request for rezoning from A (Agricultural) to CP (Planned Commercial), to permit the establishment of a neighborhood shopping center.
Under discussion, Commr. Swartz stated that he felt this request should have been turned down 60 days ago, due to the staff's position on the Comprehensive Plan, and the information that had been presented previously, that this is not something that might be beneficial to a school.
Commr. Windram stated that there is a substantial number of homes in this area, which justifies the need for the school.
The Chairman called for the question, with the Board denying the request. Commr. Swartz, Commr. Bailey, Commr. Bakich, and Commr. Gregg voted "no".
CONSENT AGENDA
At this time, Mr. Greg Stubbs, Principal Planner, published the following list from the consent agenda:
#151-89-4 E. Duane & M. Eisnor
#140-89-4 Arthur F. Kopisch
#131-89-2 Jerry M. McGregor
#128-89-4 George E. Eaton
#132-89-4 Kenneth F. Jorgensen
#125-89-5 Dino Aliberti
The Chairman asked if anyone in the audience had questions regarding the above.
Ms. Barbara Kent appeared before the Board and stated that she would like to address Petition #140-89-4, Arthur F. Kopisch.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the above list, with the exception of Petition #140-89-4.
PETITION #140-89-4 RR to RE Arthur F. Kopisch
Ms. Barbara Kent appeared before the Board to address this request. She stated that she is an adjoining property owner, who would like to protect and preserve her 273 acres, which has protected species on it.
Mr. Kopisch, applicant, was present to answer questions.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to RE (Rural Estates), to allow 30,000 square foot residential homesites.
Commr. Swartz voted "no".
PETITION #50-89-4 A to CP with C-l or C-2 uses Leonard Wiener
Mr. Greg Stubbs informed the Board that the request had been postponed, in order to allow the applicant time to secure railroad right-of-way, to continue the request north of the railroad. The recommendation had been south to the railroad only.
Ms. Catherine Hanson stated that the closing for the railroad is a couple of days away, but is under contract at this time.
On a notion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, with the condition that the area from the railroad right-of-way south to SR 46 be rezoned, and should the applicant and owner finalize the purchase of the railroad right-of-way, that the property north of the railroad will be rezoned.
Commr. Windram was not present for the vote.
PETITION #84-89-5 A TO CP L. R. Donnell, Tr.
Mr. Lee Donnell, applicant, appeared before the Board in opposition to the denial of the request. Mr. Donnell stated that there were a couple of pertinent issues that should have been considered by Planning and Zoning. He stated that he has approximately 40-50 letters in support of the request, which include letters from large surrounding developers. He further stated that he might have had an error in his application, where he indicated Phase II, which included 12,000 square feet of retail professional area. Mr. Donnell requested that the Board approve the application Ear the convenience store, CP zoning with the store on the front, and retail professional not being scaled in the 12,000 feet.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to CP (Planned Commercial) for a convenience store, retail shops and professional offices.
Commr. Windram was not present for the vote.
PETITION #53-89-5 R-l-7 to RR Jack K. Austin
Mr. Robert Vason, Attorney representing the applicant, appeared before the Board and requested that this case be postponed until later in the afternoon, in order for it to be considered with Mr. Austin's other cases. The Board granted the request.
PETITION #83-89-2 A to RR McLin & Burnsed (Terry W. Edwards)
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and stated that there were five letters submitted in support of the request. He stated that the applicant is respectfully requesting approval of the original request for RR zoning, instead of the AR zoning, as recommended by the Planning Commission. He further stated that this is a low density area, which complies with the Small Area Study for this area.
No one appeared in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), as originally requested.
Commr. Swartz voted "no", and Commr. Windram was not present for the vote.
PETITION #107-89-4 A to CP Phillip E. Rollins
Ms. Catherine Hanson appeared before the Board and stated that the purchase of the railroad is under contract and will be completed within a couple of days. She further stated that the applicant has no problem with the C-l uses.
No one appeared in opposition to the request.
Commr. Bailey made a motion, which was seconded by Commr. Swartz to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) uses.
Commr. Bailey amended the motion to include the condition that the approval is upon the acquisition of the railroad right-of-way.
The Chairman called for a vote on the motion, which was carried.
Commr. Windram was not present for the vote.
PETITION #106-89-3 RR to CP Robert Seidle
Mr. Dennis Horton, Attorney representing the petitioner, appeared before the Board in opposition to the denial of the request. Mr. Horton stated that the location of the property is on Highway 27, which is not suitable for residential, because of the highway frontage. Mr. Horton discussed the surrounding zoning, and the future developments being placed in this area. He stated that his client would like to make this light retail or professional, and felt that this would be compatible with what is being developed in this area. He further stated that, should the Board not approve the request with C-l uses, he would like the Board to approve CP, to be used for offsite signs.
Mr. Greg Stubbs, Principal Planner, informed the Board that RR zoning would not qualify for outdoor advertising, but would be allowed in agricultural, or commercial zoning.
No one appeared in opposition to the request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to CP (Planned Commercial), to be restricted to offsite sign usage.
Commr. Bakich voted "no", and Commr. Windram was not present for the vote.
PETITION #94-89-3 A to RR Highland Grove Partnership
Ms. Tracie Sutherland, President of the Homeowners Association, Trails of Montverde, appeared before the Board and stated the homeowners are not opposed to the request for rezoning, but do want to make the Board aware of potential problems with access and the increase in traffic flow, and another concern is security within the Trails of Montverde. If access is given through the Trails, this would turn Thoroughbred Lane into a collector street. Ms. Sutherland stated that she sees no justification in the shortcut, with the developers already having a viable access off of Fosgate Road. She further stated that the homeowners are requesting that the developers assume the same development responsibilities as the developers who constructed the Trails. The roads in the Trails are County roads, with the lot owners paying for them through the developer's construction. Ms. Sutherland stated that, in view of the considerations, the Association is asking for a public recommendation, that regardless of the determination of the request for rezoning, the Board will require the principal access for future development to be from Fosgate Road.
Ms. Cecelia Bonifay, Attorney representing Lykes Development Corporation, appeared before the Board and stated that her client owns the parcel adjacent to Highland Groves. She stated that her concern also involved access. She stated that Thoroughbred Lane extends to the edge of the platted portion of Trails of Montverde. She further stated that she understood their concern for not wanting the additional traffic, through a nice residential development, but on the other hand, these are County roads.
Mr. Claude Smoak, representing the Trails of Montverde developers, appeared before the Board to discuss the request. He stated that, in most counties, subdivisions are constructed so that you have exterior walls, and those exterior walls are required so that you do not create collector roads out of interior subdivision roads. At this time, Mr. Smoak reviewed the aerial map with the Board and explained the request that is being made. He further discussed the deed restrictions within the Trails development, and the surrounding acreage. Mr. Smoak stated that he supports the request from a land use standpoint, but objected to the utilization of a residential street for access to another development.
A Deputy Sheriff from Orange County, property owner on Thoroughbred Lane, appeared before the Board and stated that he does not object to the rezoning, but felt opening Thoroughbred Lane would decrease the value in his property, and he is totally against doing this.
Mr. Chris Ford, County Attorney, stated that, in the past, the staff has required the roads to touch adjoining properties when they were landlocked. He further stated that a problem will most likely arise in a platting situation.
Commr. Gregg questioned, if the Board approved the rezoning, and then immediately advertised to vacate that small portion of right-of-way, would that solve the problem.
Commr. Smoak stated that he has a petition prepared and is ready to file this with the County.
Commr. Swartz stated that, on any subdivision that the Board approves, if there is an intent for any roads to be collector roads, developers need to be made aware of this, with certain conditions being made, with the roads being planned, if they are collectors.
In the cases where this would not be true, staff needs to make sure that situations like this are not created.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), and to send to the County's Subdivision and Advisory Committee the Board's concerns about what is not a collector's street, and that the primary access be on Fosgate Road, with the policy being reviewed on future cases.
Commr. Windram was not present for the vote.
PETITION CUP#89/6/4-1 CUP in RMRP Del Thomas
Mr. Greg Stubbs, Principal Planner, stated that the Board had directed its staff to check the existing package treatment plant, with Pollution Control reporting that the field investigations indicate the facility is in violation of the Lake County Pollution Control Board.
Mr. Ted Wicks, representing Mr. Del Thomas, appeared before the Board and stated that the indicated violations have been cleared, with a permit being issued stating that the park is in full compliance. He further stated that there have been no violations within the last six months, and that the Department of Environmental Regulations has issued a valid operating permit for the wastewater facility. Mr. Wicks stated that he felt the facility is capable of supporting the additional RV sites, and in granting the approval, it will require the applicant to go back through the master park plant approval process, in order to give the County staff an opportunity to look at the park in more detail. Plans have been made to upgrade the park and roads, with an engineering study being made now to correct the problems with the roads.
Ms. Pansy Stevenson, past President of the Homeowners Association, appeared before the Board and presented pictures for the Board's review. She stated that, if the Board approves the request, she felt Mr. Thomas will not correct the existing problems, and that 38 more RV's will multiply the problems with water and sewage.
Ms. Loretta Woods, resident in the park, appeared before the Board and stated that she did not feel that Mr. Thomas will upgrade the park.
Commr. Gregg explained the conditions of the CUP to the audience, and stated that all of the concerns mentioned will have to be addressed before additional RV's can be added to the park. He also explained the means of enforcing the CUP.
Commr. Swartz stated that he did not feel that this is an appropriate land use.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in RMRP (Mobile Home Rental Park Residential), for a RV park, with all conditions for water, sewer and transportation systems being brought up to code.
Commr. Swartz vote "no", and Commr. Windram was not present for the vote.
PETITION #82-89-4 A to MP David R. Richards
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and requested that the Board approve his request to readvertise, in order for the Board to consider CP zoning, based on the recommendation of the Planning and Zoning Commission.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board approved the request for readvertisement for CP zoning, as requested by Mr. Steve Richey, Attorney.
Commr. Windram was not present for the vote.
PETITION #53-89-S R-l-7 to RR Jack K. Austin
PETITION #53-89A-5 R-l-7 to AR Jack K. Austin
PETITION CUP#904A-5 Amend CUP#904-5 Jack K. Austin
Mr. Jack Austin, applicant, appeared before the Board and stated that he was requesting an amendment to the original CUP. Mr. Greg Stubbs, Principal Planner, stated that the following amendments were approved by the Planning and Zoning Commission: All engines utilized in vehicles or utilized for blowers or the pumping of water, are only to be operated during daylight hours, Monday through Friday; and shall be so muffled as not to be determined a noise nuisance to the neighborhood.
Mr. Austin stated that the request was due to additional acreage, and that there are no violations on record, in regards to the conditions of the CUP. He then addressed the engine noise, and stated that he would like to use electric power rather than diesel. He currently has one diesel pump.
Mr. Jessie Moore appeared before the Board in opposition to the request.
Mr. Moore discussed the water level problem, and the chemical contamination of the water. He further stated that the noise from the pump is also a problem, which the applicant runs at night.
Mr. T. H. Poole appeared before the Roard and stated that Mr. Austin was to meet with the surrounding property owners, but failed to do so. Mr. Poole stated that the pump runs at night, and is offensive to the neighborhood. A petition was drafted by the community.
Mr. Austin appeared to repond to the comments made, and stated that he has been permitted for a well by the St. Johns River Water Management District. He further stated that he is aware of the water problems, but is in compliance with St. Johns. Mr. Austin stated that he will take the necessary steps to correct the pumping. He further stated that the right-of-way on Church Street has been deeded, in order for the County to pave it. He stated that he could not deed the rest of the street, because he does not own it. Mr. Austin stated that he would agree to research a new type of muffler for the engines.
Mr. Robert Vason, Attorney representing Mr. Austin, appeared before the Board and stated that no one appeared in opposition to the request at the Planning and Zoning Commission.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board overturned the recommendation of the Planning and zoning Commission and denied Petition #53-89-5, the request for rezoning from R-l-7 (Urban Residential) to RR (Rural Residential).
Commr. Windram was not present for the vote.
Commr. Bakich made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission and approve Petition #53-89A-5, the request for rezoning from R-l-7 (Urban Residential) to AR (Agricultural Residential).
The motion included approval of Petition CUP#904-5, with the following conditions: hours of operation from 7 a.m. to 6 p.m., and during freeze conditions, Monday through Friday, and shall be so muffled as not to be determined a noise nuisance to the neighborhood.
Commr . Bakich urged Mr. Austin and the community to meet and address the concerns stated today.
The Chairman called for a vote on the motion, which was carried.
Commr. Windram was not present for the vote.
PETITION CUP#89/7/1-5 CUP in A Dallas W. Dickerhoff
No one present wished to discuss the request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), to place a second mobile home on the site for a caretaker's residence.
Commr. Swartz and Commr. Windram were not present for the vote.
PETITION #144-89-5 RR to A Donald L. Currier
No one present wished to discuss the request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to A (Agricultural), to allow the establishment of five acre single-family homesites.
Commr. Swartz and Commr. Windram were not present for the vote.
PETITION #72-838-4 Amend CP Ord. #17-89 Walter, Barber
Mr. Barber was present and stated that he had no problem with the conditions placed on the request.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CP Ordinance #17-89, to include the following: A. Land Uses: "...Outdoor display may be used only during hours of operation...".
Commr. Windram as not present for the vote.
PETITION CUP#89/7/2-4 CUP in A Lawrence C. Towne
Mrs. Lawrence Towne, applicant, was present to discuss the request with the Board.
Mr. Greg Stubbs, Principal Planner, stated that the applicant is presently going through the Board of Zoning Appeals for a variance to the 250 foot setback requirement for agricultural zoning.
Ms. Barbara Kent appeared before the Board and questioned the restrictions on the request, and code violations. Ms. Kent stated that one of her groves abutts the property, and that there will be problems. She felt that the County needed to enforce the code violations, and the restrictions of the uses under the zoning.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to allow boarding and training of horses.
Commr. Windram was not present for the vote.
PETITION #148-89-4 R-l-7 to CP Joe B. Shelter
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendati on of the Planning and Zoning Commission and denied the request for rezoning from R-l-7 (Urban Residential)) to CP (Planned Commercial), with C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, and a variance to allow a 15 foot setback on the West side of the property, to allow commercial uses on the site.
PETITION #149-89-4 A and C-l to CP Jordan Iserman
No one present wished to discuss the request with the Board.
Commr. Bailey made a motion, which was seconded by Commr. Swartz to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) and C-l (Rural or Tourist Commercial) to CP (Planned Commercial) with C-l and C-2 (Community Commercial) uses, to allow commercial uses on the site.
Commr. Swartz stated that the problem he had with the request is that it is not located on a collector arterial road, and does not connect with SR 46..MS. Catherine Hanson, representing the applicant, appeared before the Board and stated that the applicant indicated that he would pave the road back to the property, when required, which will alleviate some of the commercial off of SR 46.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved to amend the request to strike C-l and C-2 uses, until the applicant comes back with specific uses, and in order to review the road improvements.
Commr. Windram was not present for the vote.
The Chairman called for a vote on the first motion, which was carried, as amended.
Commr. Windram was not present for the vote.
PETITION #129-89-4 R-l-7 to CP T. T. Philips, Jr.
Mr. Greg Stubbs, Principal Planner, suggested that, should the Board choose to approve the request, it be combined with the existing CP site.
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) uses, adding this parcel to the parcel immediately to the north side.
Commr. Windram was not present for the vote.
PETITION #136-89-4 A to CP Victoria Stewart
No one present wished to discuss the request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) uses.
Commr. Windram was not present for the vote.
PETITION #145-89-4 R-l-7 to C-l Robert&t Horvatits & Karen
Huffman
Mr. Robert Horvatits, applicant, stated that he had no objections, at this time, for RP zoning.
No one appeared in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to RP (Multiple-Family Residential-Professional).
Commr. Swartz voted "no", and Commr. Windram was not present for the vote.
PETITION #143-89-4 A to RR Anna Belitz
No one present wished to discuss the request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to RR (Rural Residential), to allow one acre residential homesites.
Commr. Windram was not present for the vote.
PETITION #135-89-4 R-l-5 to CP - Edmund Lavangie
Mr. Edmund Lavangie, applicant, stated that he had no objection to the amendment restricting the sign size.
No one appeared in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-5 (Mobile or Mixed Residential) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) uses, as amended, to restrict the sign size to two feet by three feet, and to allow a CPA office to be operated out of an existing single-family residence.
Commr. Windram was not present for the vote.
PETITION #130-89-4 RR to ER Fertakis International Cons. Co.
Mr. Nicholas Fertakis, applicant, appeared before the Board and requested a continuance, in regards to his ten acres. He stated that there were two applicants, and one has withdrawn his ten acres from the request.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from RR (Rural Residential) to ER (Estate Residential), without prejudice.
Commr. Windram was not present for the vote.
PETITION #134-89-4 A to RE Walter H. Chiles
Mr. Greg Stubbs, Principal Planner, stated that the staff informed the Planning and Zoning Commission that it was going to recommend postponement on this request, due to the fact that letters were not sent to the surrounding property owners on time, but the Planning and Zoning Commission acted on the request and recommended denial.
Mr. Chris Ford, County Attorney, recommended that the request be continued, in order for proper notification to be given to the property owners.
Mr. Greg Beliveau appeared before the Board and stated that he would like to request a 30 day continuance, due to the fact that he, nor the applicant, have not had the opportunity to state the case to the Planning and Zoning Commission.
Ms. Shirley Barnes stated that the property owners did receive their letters, with Mr. Stubbs stating that they received them late.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved to postpone the request for rezoning from A (Agricultural) to RE (Rural Estates) or RR (Rural Residential), for proper notification to be given to property owners.
Commr. Windram was not present for the vote.
PETITION #141-89-3 A to RR Lottie H. Collins
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to create one acre residential homesites.
Commr. Windram was not present for the vote.
PETITION #138-89-3 R-l-7 to A Myron Heath
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to A (Agricultural), to allow agricultural uses on the site.
Commr. Windram was not present for the vote.
PETITION #142-89-A AR to R-l-5 Daniel Gooden
Ms. Linda Gooden, applicant, appeared before the Board to discuss the request. She stated that the request is to place a mobile home on each 2 l/4 acre lot in this parcel. Staff recommended denial, due to the site not being located within an urban area, nor does this site border a municipality.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from AR (Agricultural Residential) to R-l-5 (Mobile or Mixed Residential), to allow two single-family residences.
Commr. Windram was not present for the vote.
PETITION #147-89-3 A to M-l or MP Nestle Enterprises, Inc.
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and stated that the applicant has no problems with the amendments placed on the request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to MP (Planned Industrial), to allow land equipment sales and a repair facility, as amended: A. Land Uses: (shall read) - "Use of the site shall be limited to that of an equipment sales and repair facility...."; Delete (C) Screening/Buffering: Change D - "Permitting" to C; create "D" to read "Adequate retention ponds must be provided to retain run off on the property."
Commr. Windram was not present for the vote.
PETITION #133-89-5 A to RM Timothy Walden
No one present wished to discuss the request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-l-5 (Mobile or Mixed Residential), to subdivide subject parcel to allow a total of four mobile homes on the site.
Commr. Swartz voted "no", and Commr. Windram was not present for the vote.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:55 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK
TMA/8-30-89-BCC