The Lake County Board of County Commissioners met in regular session on Tuesday, May 26, 1992 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: Michael J. Bakich, Chairman; Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.
PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS
COMMISSIONERS
Ms. Carol Smith, Leadership Lake County, appeared before the Board and presented to Commr. Catherine Hanson a diploma from the Leadership Lake County Class of 1992, which is sponsored by the Leesburg Chamber of Commerce.
Ms. Smith further expressed her congratulations and appreciation to those present, who are serving and representing Lake County, for their courage and fortitude in serving their community.
CLERK OF COURTS
ACCOUNTS ALLOWED
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for payment of Warrant No. 151507 through Warrant No. 151910, for the following accounts:
Landfills Fire Districts
General Revenue County Transportation Trust
Section 8 Private Industry Council
Commissary Trust Fund Capital Outlay
Miscellaneous/Gas Fund Mosquito Control
Countywide Library Resort & Development Fund Tax
Emergency 911 Fund Law Library
Aquatic Weed Animal Shelter Trust Fund
Road Impact Northeast Hospital
Criminal Justice Trust Fund School Impact Fee Trust Account
PUBLIC HEARINGS
RIGHTS-OF-WAY, ROADS & EASEMENTS
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to present this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request to accept a Maintenance Map on 565A for the purpose of providing access to the property owners who are losing their existing access because of Road Closing, Petition Number 680.
ROAD CLOSINGS
PETITION NO. 680 JACK R. AMON CLERMONT AREA
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to present Road Vacation Petition No. 680 to vacate a portion of a County maintained road, at which time he explained this request.
Mr. Jack R. Amon, the applicant, was present in the audience with six (6) neighbors, to answer questions presented by the Board. No one present wished to speak in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved Petition No. 680 by Jack R. Amon to vacate a portion of a County maintained road, Clermont area, District 2, as advertised.
PETITION NO. 680 JACK R. AMON CLERMONT AREA
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to present the request to abandon maintenance on the vacated portion of Jack Underwood Road, Vacation Petition No. 680.
No one present wished to speak in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to abandon maintenance on the vacated portion of Jack Underwood Road
(#2-1630), Vacation Petition No. 680, Clermont area, District 2, as advertised.
CONTRACTS, LEASES AND AGREEMENTS/DEEDS/RESOLUTIONS
RIGHTS-OF-WAY, ROADS & EASEMENTS/ROADS-COUNTY & STATE
Mr. Don Griffey, Director of Engineering for Public Works, appeared before the Board to discuss the issues pertaining to a request to exchange property along O'Brien Road and Lewis Grove Road with S.E.S. Group - Lake County Associates, Ltd.
At this time, Commr. Bakich called for public comment, with no one wishing to discuss this issue with the Board.
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to review the agreements, resolution and deeds to be considered for approval or acceptance on the exchange of property between Lake County and S.E.S. Group - Lake County Associates, Ltd.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for adoption of a resolution authorizing the exchange of property owned by Lake County located at the intersection of O'Brien Road and State Road 19 with property owned by S.E.S. Group - Lake County Associates, Ltd.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for acceptance of Warranty Deeds from S.E.S. Group - Lake County Associates, Ltd. to Lake County for a one (1) acre parcel at O'Brien Road on SR.19; a sixty-six (66) foot right-of-way for realigned O'Brien Road; and a thirty-three (33) foot right-of-way on Lewis Road, subject to final approval by the County Attorney.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for acceptance of a temporary Non-Exclusive Easement Deed from S.E.S. Group - Lake County Associates, Ltd., subject to final approval by the County Attorney.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for conveyance by Statutory Quit Claim Deed from Lake County to S.E.S. Group - Lake County Associates, Ltd. of a 1.93 acre parcel, subject to final approval by the County Attorney.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for acceptance of Warranty Deed from Cole Whitaker Realty - Lake County Associates, Ltd. for a sixty-six (66) foot right-of-way south of
S.R. 19 at O'Brien Road, subject to final approval by the County Attorney.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the Surface Water Drainage Easement Agreement between S.E.S. Group - Lake County Associates, Ltd. and Lake County.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute the agreement between Lake County and Cole Whitaker Realty - Lake County Associates, Ltd.; and the agreement between Lake County and S.E.S. Group - Lake County Associates, Ltd.
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that Robert Varner and the solid waste group have terminated their association with Winston & Strawn. The group is now associated with Verner, Liipfert, Bernhard, McPherson and Hand.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board approved an agreement between Lake County and Verner, Liipfert, Bernhard, McPherson & Hand for professional services to be provided by Robert G. Varner, Esquire, for negotiations on the Ogden Martin Systems, Inc. Service Agreement.
Commr. Gregg was not present for the discussion or vote.
CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board approved the request for termination of the Agreement with Winston & Strawn for the professional services of Robert G. Varner, Esquire.
Commr. Gregg was not present for the discussion or vote.
RECESS AND REASSEMBLY
At 9:25 a.m., the Chairman announced that the Board would recess and reconvene at 9:30 a.m. for the Solid Waste Workshop.
TIMES CERTAIN - SOLID WASTE WORKSHOP
LANDFILLS
Mr. Pete Wahl, County Manager, appeared before the Board and stated that the Solid Waste Workshop will be presented in two parts, with the first addressing the solid waste disposal system. He stated that, in order to deal with what is perceived to be inaccurate perceptions of the public, staff is moving in the direction of referring to the total solid waste disposal system as opposed to any one of the component parts.
Mr. Wahl presented, for the Board's review, a set of graphics addressing the Solid Waste Disposal System and recommended that the Board use said graphics as a tool to enlighten the public on said issues. At this time, Mr. Wahl reviewed the graphics, which consisted of Commercial/Residential Waste, showing individual household and commercial waste collected and uncollected; Current Landfill Enterprise Fund Revenue, showing where monies come from and where the monies go; Solid Waste Disposal, showing each dollar collected; Recycling, showing each dollar collected; Hazardous Waste, showing each dollar collected; and $65.00 Solid Waste Disposal System Fee, showing where each dollar goes.
Commr. Swartz presented a question regarding the graph showing uncollected commercial waste and suggested that, as a condition for an occupational license, the applicant be required to have solid waste collection. He further suggested that staff look into this issue.
Mr. Wahl stated that the second part of the workshop would be an overview of the issues that are currently under discussion regarding the components which make up the solid waste issue. He stated that the Solid and Hazardous Waste Management Division staff would like the Board's concurrence, additional questions, or clarification and direction regarding said issues.
Mr. Wahl stated that, in addressing the issues, seven elements have been reviewed, consisting of the following: 1) Fairness and Equity; 2) Cost; 3) Environmental Benefit; 4) Program and Administrative Issues; 5) Reliability; 6) Promotion of the Public Health, Safety and Welfare; and 7) Synopsis of staff's current understanding of the direction that has been previously given by the Board or the direction that staff perceives the system is heading.
Mr. Wahl stated that municipal solid waste is known by the public as garbage and trash. Garbage is defined as waste that will decay in a short period of time, and trash is waste that will not decompose quickly. He stated that by the year 2010 Lake County will have to find a place to put a minimum of 269,000 tons of garbage each year, resulting in an increase of almost eighty-one (81%) percent.
Mr. Wahl stated that staff is been looking at ways to effectively and efficiently operate Lake County's solid waste management system to meet the immediate and future needs. In an effort to deal responsibly with these needs, the following four additional issues or elements are being reviewed: Mandatory Disposal Fees or Mandatory Collection & Disposal Fees; Landfill Mining and/or Groundwater Treatment at Astatula I; and Building a New Landfill at Astatula and/or Building a New Landfill at Site K. At this time, Mr. Wahl addressed each of these issues.
MANDATORY DISPOSAL FEES OR MANDATORY COLLECTION & DISPOSAL FEES
Mr. Wahl stated that staff has been working towards the creation of a mandatory solid waste disposal system fee and will be presenting to the Board a proposal for an ordinance which creates a solid waste disposal assessment program, scheduled to become effective October 1, 1992. He stated that the creation of this
system will allow staff to work towards effecting the "inequity" credit, which is addressed in the litigation settlement agreement with the City of Eustis. He further stated that there are approximately fifteen thousand (15,000) residential properties not paying a fee at this time.
Commr. Swartz stated that the focus has been to bring residential properties into the system that have not been in the system. He expressed his concern with putting a program in place which will bring non-paying residents into the system, but will result in a disproportionate cost to those who are currently in the system.
Discussion occurred regarding transfer stations, at which time Commr. Swartz suggested that staff look into the possibility of using monies received from recycling at the transfer stations as a means of paying for the cost of said stations. At this time, staff was directed to review the hours of operation at the transfer stations, with consideration being given to extending the hours of operation.
LANDFILL MINING AND/OR GROUNDWATER TREATMENT AT ASTATULA I
Mr. Wahl stated that past garbage disposal practices have caused contamination of the groundwater under the Astatula I landfill, and a clean up of this water is required. He stated that staff is recommending a landfill mining operation to the groundwater cleanup program in order to remove the sources of contamination before they leak into the ground. This option not only allows the buried material to be recycled and reused, but allows the site to be reused and recycled.
Mr. Wahl stated that an agreement to prepare for landfill mining is being initiated with Post, Buckley, Schul & Jernigan, Inc., and it is estimated that the project will start in July or August. He stated that Lake County will be mining an historic fill without the knowledge of what is buried and where it is buried; however, the consultants have addressed these issues with a detailed contingency plan to go into effect and mining activities to move to other areas of the fill if a problem area is uncovered.
Commr. Swartz recommended discussions with the County's haulers regarding individual haulers doing recycling rather than contracting recycling services. He further stated that alternatives that offer the lowest cost for recycling should be provided. Mr. Steve Hiney, Recycling Coordinator, stated that the contracts with the County's haulers are currently for processing and marketing control; however, staff will review this issue.
Commr. Bakich stated that the Board recognizes the benefits of landfill mining and directed staff to continue forward with the program.
BUILDING A NEW LANDFILL AT ASTATULA OR AT SITE K
Mr. Wahl stated that the reasons Lake County will need more space for disposal of garbage and trash is due to the closing of the Umatilla and Loghouse landfills, taking the Lady Lake landfill out of service, and the natural increase in the amount of garbage generated by Lake County's growing population. He stated that the Astatula property and the Site K property are suitable under the current governmental rules; however, the Astatula property contains only one hundred (100) acres with approximately eighty (80) acres available for development, while Site K contains over one thousand- three hundred (1,300) acres with approximately six hundred (600) acres available for development. He stated that Site K allows Lake County more flexibility in handling the County's garbage, recyclables and any other waste permitted.
Mr. Wahl stated that, in the course of the renegotiation of the contract with Ogden Martin Systems, Inc., staff has addressed the cost impact of developmental decisions on the overall solid waste system in regard to the short-term and long-term impact. On the short-term impact, it has been determined that, based upon the loading projections, a new ash monofill needs to be developed at Astatula. However, Mr. Wahl stated that it has also been
determined that the Board needs to move forward with the acquisition of Site K for future landfill purposes.
Commr. Bakich brought up for discussion the feasibility of a lease/option agreement to purchase Site K, to which Mr. Wahl responded the utilization of a lease/option agreement is an alternative that will be reviewed.
Discussion occurred regarding the increase in solid waste and the feasibility of a composting program, to which Mr. Wahl stated that staff has taken a look at composting as an option into the future and will look more toward composting, reuse, and recycling as a way of keeping the load factor in the landfill as low as possible.
Mr. Wahl stated that staff has begun to explore the concept of a regional approach to solid waste. He stated that, with the significant capital costs involved in addressing the systems problems, it makes sense for multiple jurisdictions to work together toward the resolution of common problems. He further stated that staff is continuing to work with surrounding counties in the development of regional answers to the issue of solid waste.
RENEGOTIATIONS
Mr. Wahl stated that throughout the renegotiation process with Ogden Martin Systems, Inc., guaranteed annual tonnage, equity and rate stabilization have been the major issues and goals.
Mr. Wahl stated that staff is attempting to recognize and address the problem of solid waste in an overall system configuration, and it is the overall and total system which will have impact on the long-term ability of Lake County to continue to address solid waste into the future.
RECESS AND REASSEMBLY
At 10:50 a.m., the Chairman announced that the Board would recess and reconvene at 2:00 p.m. for rezoning.
ZONING
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that, based on a recent ruling by the Third and Fifth District Court of Appeals, the Planning and Zoning meetings will be treated as quasi-judicial meetings. She stated that in implementing that process, all witnesses will be sworn in by the Deputy Clerk.
At this time, the oath was administered by the Deputy Clerk to Mr. Greg Stubbs, Director of Current Planning, and Mr. Jim Barker, Director of Pollution Control.
Mr. Stubbs appeared before the Board to explain each of the following cases before they were heard.
Mr. Stubbs stated that he has received a request for postponement of Petition No. 237B-89-3.
PETITION NO. 237B-89-3 EDGEWATER AT LITTLE LAKE HARRIS
Ms. Debbie Stivender, representing Dan Robuck, Attorney, who is representing the applicant, appeared before the Board to discuss this request, at which time the oath was administered by the Deputy Clerk. Ms. Stivender stated that Price Waterhouse is now the receiver of all of the John McNamara properties. She stated that the original intent was to request a six (6) month delay; however, she has just received a letter requesting that this petition be heard today as scheduled.
PETITION NO. 19-92-5 A TO R-1-5 JACQUELINE MARTIN
Ms. Jacqueline M. Martin, the applicant, appeared before the Board to address issues of concern regarding this request, at which time the oath was administered by the Deputy Clerk.
Mr. Vince Sansevere, property owner adjacent to property in question, appeared before the Board to discuss this request, at which time the oath was administered by the Deputy Clerk. Mr. Sansevere expressed his concern with the five (5) foot setback requirement, and the possibility of a mobile home being placed within ten (10) feet of his brick home.
Commr. Hanson asked Ms. Martin if one additional parcel would be adequate, to which Ms. Martin responded that she would prefer two additional parcels, but would agree to one if necessary.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to R-1-5 (Mobile or Mixed Residential), subject to a developer's agreement to limit the density on the site to no more than one (1) additional site for a total of two (2) dwellings, with a ten (10) foot setback.
PETITION NO. CUP#92/4/2-4 CUP IN A CORA KENNEDY
No one present wished to discuss this request with the Board.
No one appeared in opposition to this request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning for CUP in A (Agricultural) for the placement of a mobile home on site for the care of the infirmed.
PETITION NO. CUP#92/4/3-4 CUP IN A JIM L. WELLS
Mr. Steven Richey, Attorney, representing the applicant, was present in the audience to answer questions presented by the Board.
No one appeared in opposition to this request.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning for CUP in A (Agricultural) for brokering of agricultural products.
PETITION NO. 22-92-4 CP TO A ROBERT A. CHUBBOY
No one present wished to discuss this request with the Board.
No one appeared in opposition to this request.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from CP (Planned Commercial) to A (Agricultural) for growing of foliage with existing greenhouse.
Commr. Hanson declared a Conflict of Interest and abstained from the discussion and vote, as she is the real estate broker on the sale of subject property.
PETITION NO. 24-92-2 A TO C-1 MEMPHUS, INC.
No one present wished to discuss this request with the Board.
No one appeared in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to deny a request for rezoning from A (Agricultural) to C-1 (Rural or Tourist Commercial) for a tour office with bus and RV service and maintenance.
PETITION NO. 20-92-2 A TO AR V. GAYLORD ANDERSON
Mr. V. Gaylord Anderson, the applicant, was present in the audience to answer questions presented by the Board.
No one appeared in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to AR (Agricultural Residential) to rezone three (3) parcels on a twenty-five (25) foot wide easement.
PETITION NO. 21-92-3 R-1-7 TO CP WITH C-1 & C-2 USES
ARTHUR E. LINDBERG
Mr. Greg Stubbs, Executive Director of Current Planning, stated that a petition has been submitted to his office with twenty (20) signatures in opposition to this request. He stated that their main area of concern is the access on to their residential neighborhood street.
Ms. Dorothy Melville, representative for Arthur E. Lindberg, Executor of Ester Lindberg Estate, appeared before the Board to discuss this request, at which time the oath was administered to Ms. Melville by the Deputy Clerk.
Ms. Carmen Carroll, a local resident, appeared before the Board in opposition to this request, at which time the oath was administered to Ms. Carroll by the Deputy Clerk. Ms. Carroll stated that there are fourteen (14) children who play on Vista Avenue, and they are already experiencing a traffic problem. She
expressed her concern that no specific use has been designated for said property.
Discussion occur regarding rezoning of said property to CP (Planned Commercial), at which time Commr. Swartz suggested rezoning to CP and requiring the applicant to return at a later time with a request for the uses and site plan approval. Ms. Melville requested that she receive written copy of said discussion.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from R-1-7 (Urban Residential) to CP (Planned Commercial), with a restriction that access be limited to Radio Road, subject to site plan approval by the Board for future commercial use.
PETITION NO. 237B-89-3 MAJOR AMENDMENT TO PUD ORD#67-91
ROUTE 347 REALTY CORPORATION (CONTINUED)
No one appeared in opposition to this request.
Mr. Robert Whidden, Whidden and Associates, Inc., planners for the project, appeared before the Board to discuss this request, at which time the oath was administered by the Deputy Clerk.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for variance Section 696.20.B. (5b), Distance between Buildings: The minimum distance between buildings within the PUD shall be one-half (1/2) of the sum of the height of building, but in no case shall the distance be less than twenty (20) feet from multi-family concepts, or less than fifteen (15) feet for single-family residences.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for variance Section 696.20.B.(5c), Front Yard Setbacks: Setback distances from street rights-of-way shall be a minimum of twenty-five (25) feet for front yard setbacks, or fifteen (15) feet for side yard (corner lot) setbacks; in the event of a side entry garage, the non-entry side of the garage will be setback a minimum of fifteen (15) feet from the right-of-way line.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for variance Minimum Lot Widths: The minimum lot width shall be measured at the building setback line as opposed to the property line in order to compensate for curvature and cul-de-sac lots.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for variance Minimum Cul-de-sac Diameters: Since all roads are proposed as closed curb and gutter systems, the diameter of the cul-de-sac right-of-way shall be a minimum of one-hundred (100) feet; the paving diameter shall be a minimum of eighty (80) feet.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a major amendment to PUD ORD#67-91, with the conditions as outlined for construction of single-family residences, townhouses and commercial.
PETITION NO. 47B-87-2 MAJOR AMENDMENT TO PUD ORD.#30-90;
A AND PUD TO PUD PIERRE & DENISE GRIMM
Mr. Robert Whidden, Whidden & Associates, Inc., representing the applicants, appeared before the Board to discuss this request and stated that the applicants, Mr. and Mrs. Grimm, were present in the audience to answer questions presented by the Board. Mr. Whidden presented to the Board a revised preliminary PUD Amendment for their review.
Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated that, for the record, this request is consistent with the Lake County Comprehensive Plan. He further stated that one petition has been submitted to his office in support of this request.
Ms. Annette Star Lustgarten, County Attorney, stated that the PUD (Planned Unit Development) Ordinance does not reference compliance with the Green Swamp regulations, and language should be inserted to address this issue.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for a major amendment to PUD ORD#30-90 to add additional land, to add an additional nine holes of golf and driving range, replace seven (7) single-family lots with thirty (30) short-term rentals for ski and golf guests; provide permanent clubhouse facilities with parking, add a central maintenance facility and replace temporary structures, add eighteen (18) golf duplex villas; add fifty-nine (59) three-quarter (3/4) acre single-family lots; and add an additional ski lake.
Commr. Swartz voted "No".
Commr. Bailey declared a Conflict of Interest, and abstained from the discussion and vote.
PETITION NO. 25-92-2 R-1-15 TO RR WILLIAM & GRACE STOSBERG
Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated that the property in question is located within the Urban designation on the Land Use Plan Map, and the Future Land Use Plan Designation should be amended to reflect Urban and not Semi-Rural Future Urban, as designated.
No one appeared in opposition to this request.
In response to a question presented by Commr. Swartz, Mr. Stubbs stated that, if said property is five (5) acres or more, it will require a CUP (Conditional Use Permit) in the new Land Development Regulations; however, a greenhouse can be put in rural residential zoning even if it is less than five (5) acres in size. Ms. Annette Star Lustgarten, County Attorney, clarified that greenhouses or plant nurseries are listed as a permitted use in RR (Rural Residential); however, if the parcel is five (5) acres or more, a CUP (Conditional Use Permit) is required.
Ms. Cecelia Bonifay, Attorney representing the applicants, appeared before the Board to answer questions presented by the Board.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from R-1-15 (Residential Estate) to RR (Rural Residential) for a plant nursery and greenhouse.
PETITION NO. 31-92-4 A TO AR DONALD E. OLSON
Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated that a petition has been submitted to his office with twenty-three signatures in opposition to this request.
The applicant was present in the audience to answer questions presented by the Board.
No one appeared in opposition to this request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to AR (Agricultural Residential) for construction of a single-family residence.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS
Mr. Pete Wahl, County Manager, appeared before the Board to present the request for permission for County employees to participate in a corporate plan with Cellular One Systems. He stated that this corporate phone plan provides a fringe benefit for employees, and provides a "back-up" communication system in the event of emergencies with no financial liability to the County. He further stated that the only responsibility to the County would rest with notifying the company when employment terminates with Lake County.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a request to participate in a corporate phone plan with Cellular One Systems.
PLANNING & DEVELOPMENT
Mr. Pete Wahl, County Manager, appeared before the Board and presented a memo, dated May 26, 1992, regarding Procedure for Addressing Inconsistencies in Implementing Land Development Regulations. Mr. Wahl stated that the issue of handling development orders under the Land Development Regulations (LDRs), in which there may be inconsistencies with the adopted Comprehensive Plan, has been reviewed. He stated that, when the situation arises, those development orders will be brought back to the Board for discussion and action.
No action was necessary at this time.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:50 p.m.
__________________________________
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
______________________________
JAMES C. WATKINS, CLERK
MSF\5-29-92\5-26-92