A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 12, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, June 12, 1984, at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Thomas J. Windram (arriving at 9:40 a.m.). Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Toni M. Austin, Secretary.

Mr. Watkins gave the Invocation and Commr. Carson led the

Pledge of Allegiance.

MINUTES

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

carried unanimously, the Board approved the minutes of June 5,

1984, as amended.

CONTRACTS, LEASES AND AGREEMENTS/CLERK/BUILDING COMMITTEE

Mr. Watkins, Clerk, informed the Board that the Building Committee had received recanmendations from Jim M. Hoskinson, Coordinator of Lake County Probation, for the rental of office space. Mr. Watkins stated that Mr. Hoskinson was recommending the Dillard Building which is the least expensive per square footage and which has the necessary space to operate.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board, upon the recommendations of Mr. Watkins, granted the authority to the County Attorney to negotiate a lease with Emery Dillard, Jr., for the rental of the Dillard Building for $485 per month for a three year period, and to include a renewal/cancellation clause.

BONDS - CONTRACTOR

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

New

1246-84 Harry D. Hayes (Plumbing)

1343-84 Vicki Pinnell (Aluminum)

4136-84 Michael Dale Davis d/b/a Florida Regional Electric, Inc.

4137-84 Richard J. Dose (Lake County)

REPORTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the weeks ending May 25, 1984, ($9,339.13) and May 31, 1984, ($6,256.50).

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

carried unanimously, the Board acknowledged receipt of the Florida Department of Law Enforcement Medical Examiners Commission, 1983 Annual Report.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to release to Town and Country Refuse, Inc. their landfill escrow in the amount of $2,000.

ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the

signatures of the Clerk and the Chairman on the following Satisfaction of Assessment Liens:

Joleen Estates Subdivision

Philip W. Bresette & Shelly D. H/W $ 646.40

Jeffrey L. Dykes & Beverly L. H/W 1,292.80

Ethel D. Enz 646.40

Lake View Heights 2nd Addition

Darrell R. Hartsock 331.68

Dora Park Estates

Richard A. Vail 435.48

LICENSES AND PERMITS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the following gun permits

and bonds:

New

Elbridge Bradley Jent

Renewals

Clarence Herbert Williams Steven Wayne Parramore

Gerard K. Kelch James Edward Denman

Additions

Lawrence E. Hoag

Donna Glenn DeVoe

BUDGETS

Mr. Watkins, Clerk, discussed with the Board the tentative dates scheduled for the budget workshops. Mr. Watkins stated that he would be meeting with Mike Willett, County Administrator, and Don Smalt, Administrative Services Director, to discuss the format of the budget to be presented to the Board.

At this time the Board confirmed the dates of June 21, 1984, and June 26, 1984, as the budget workshop dates.

Discussion occurred regarding an overall budget workshop being held June 21, 1984, and the constitutional officer's budget workshop being held June 26, 1984.

MUNICIPALITIES/RIGHT-OF-WAYS, ROADS, EASEMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the City of Eustis to utilize road right-of-ways on the proposed extension of 452-A east from State Road 19 for the purpose of constructing an access road a distance of about 3,000 feet to provide access for the construction of a Life Care facility and at the expense of the City of Eustis.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, in pursuant to Florida Statute 943.25(8)A, Lake County Ordinance 1982-1, for monies in the amount of $292.00, $240.00 which was paid to Mid-Florida Technical Institution/Law Enforcement Fund as tuition for the Agricultural Crime Training Seminar and $52.00 which was paid as per diem.

Included in the motion was approval of the request from Noel E. Griffin, Jr., Sheriff, in pursuant to Florida Statute 943.25(8)A, Lake County Ordinance 1982-1, for monies in the amount of $180.00, which was paid to Shady Oak Shooting Supplies for training ammunition.

COUNTY ADMINISTRATOR'S AGENDA

FAIRGROUNDS/COMMUNICATIONS

Michael C. Willett, County Administrator, discussed with the Board a letter received from the Lake County Council of Garden Clubs requesting the use of the Ashford Building at the Lake County Fairgrounds. Mr. Willett stated that the request was to be exempt from the fee schedule and the use of the building March 15-18, 1985. He further stated that he felt that the only concern of the Board would be the waiver of the fee.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved that the fees be waived and that the Lake County Council of Garden Clubs be able to choose the time in accordance with the Lake County Fairground's schedule for the use of the Ashford Building.

ORDINANCES

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

carried unanimously, the Board approved to advertise the ordinance

for the local option gas tax for public hearing on July 10, 1984.

DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS

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

carried unanimously, the Board accepted the following Right-of-Way

Deeds:

1. Jerome J. Bornstein - Laws Road #2-0528

2. John Stephens Isaacs - Micro-Race Track Road #l-5702

3. Robert E. & Evelyn A. Bailey - Micro-Race Track Road #l-5702

Included in the motion was acceptance of the following Non- xclusive Easement on Huff Road #4-5890:

1. Guenter and Joleen Kabel

ACCOUNTS ALLOWED/WELFARE DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for Myra A. Smith, Director of the Welfare Department, to attend the Florida Association of County Welfare Executives Meeting in Key West, Florida, June 14-17, 1984, at an anticipated cost of $360.00.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved for the following to travel to the Broward County Planning Department in Ft. Lauderdale to obtain computer programs on June 14-15, 1984 at an expected cost of $250 total:

Paulette Muller, Director of Pollution Control

Lanny Harker, Assistant Planner

Jim Stivender, Director of Engineering & Survey Services ORDINANCES

Discussion occurred regarding the duration of the optional gas tax for the advertisement.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the advertisement for public hearing on the optional two-cent gas tax for the duration of ten years.

ASSESSMENTS/REPORTS

Michael C. Willett, County Administrator, reported to the Board that 18.2 miles of road have been completed under special assessments in less than two years. Mr. Willett stated that there are approximately seven projects still pending for approval.

Kathy McDonald, Assistant to the Public Works Director, informed the Board that the Springs is being detained because of the drainage study, and that all projects listed in the Memorandum are expected to be completed within the fiscal year, with the exception of the Springs.

MEETINGS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board authorized travel for Michael C. Willett, County Administrator, or a designee, to the Fifth Annual Florida Industrial Development Workshop in Tallahassee July 22-25, 1984.

Commr. Windram was not present for the vote.

RECESS & REASSEMBLY

At 9:45 a.m. the Chairman announced that the Board would recess until 1O:OO a.m. when the public hearing on Special Assessment #23 -Laurel Lea Subdivision would be heard.

ASSESSMENTS/BIDS

At 10:00 a.m. the Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #23 -Laurel Lea Subdivision.

Kathy McDonald, Assistant to the Public Works Director informed the Board that she had received a call from Mr. Brent Houston, #3 on the Assessment Roll, objecting to the project. Mrs. McDonald stated the percentage of property owners who signed the petitions.

Helen Barkhau, Owner of Lots 6 and 7, appeared before the Board to object to the assessment. Mrs. Barkhau stated that she did not feel she should have to pay for something she did not want.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Special Assessment Roll #23-Laurel Lea Subdivision and awarded the low bid to Superior Asphalt Co., Inc. in the amount of $24,430.80.

CONTRACTS LEASES AND AGREEMENTS/JAILS

Chris Ford, County Attorney, discussed the Lake County Jail Study Agreement with the Board and the present status of the Architectural firm.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the signa- ures of the Clerk and the Chairman on the Lake County Jail Study Agreement.

MENTAL HEALTH

Discussion occurred regarding the legislative action concerning the abolishment of the District Mental Health Boards.

Discussion occurred regarding the budget request made by the North Central Florida Planning Council. Commr. Burhans stated that he had referred the request to Mr. Willett.

RECESS & REASSEMBLY

At 10:20 the Chairman announced that the Board would recess until 10:30 a.m. at which time the public hearing of the

designaion of a Storage Facility of Solid Waste would be heard.

LANDFILLS

At 10:30 a.m. the Chairman announced that the advertised time had arrived for the public hearing on the Designation of the Astatula Landfill as the Storage Facility for Solid Waste.

Mr. Joe Stephany, Emergency Services Director, addressed the Board to defer the designation of a storage facility for hazardous waste until the public could be better acquainted with the provisions of the Water Quality Assurance Act of 1983 and the County's responsibilities. Mr. Stephany stated that he reviewed hazardous material in four categories, those that are ignitable, corrosive,.reactive and toxic. He further stated that there are four components in the Water Quality Act:

1. Identification of small quantity generators

2. Identification of abandoned dump sites

3. Designation of a small quantity storage facility

4. Investigation of waste management practices

Mr. Stephany stated that eight locations had been investi- ated as possibilities as temporary designated areas for hazardous waste. He further stated that only one area was required by Law.

Paulette Muller, Director of Pollution Control, appeared before the Board to review a diagram of the sites investigated as temporary locations for hazardous waste.

Mrs. Muller stated that the following criteria was considered for the sites:

1.County controlled property

2.Access for transportation

3.Flood plains

4.Soil acceptability

5.Aquifer potential

6.Public water distribution

7.Land use plan

a.visibility

9.Popu lation

10.Aquatic system

11.Security

12.Location

Mrs. Muller stated that the following areas had been considered for the temporary hazardous waste site:

1. Umatilla Landfill

2. Paisley

3. Astor Transfer Station

4. Leesburg Airport

5. Astatula Landfill

6. Log House Landfill

7. Lady Lake Landfill

a. Clay pit - Sandy Road

Mrs. Muller stated that the Astatula Landfill met most of the criteria required for the site.

Mr. Aaron Dowling, Assistant Executive Director of the East Central Florida Planning Council, appeared before the Board and stated that they assisted in helping to evaluate the areas for acceptability and evaluate the data received from the

questionnaires that were sent to the various potential hazardous waste generators.

Mr. Dowling stated the following as major types of hazardous waste in the County and being between 75-80% of the waste in the County:

1.Waste oil (largest category of hazardous waste)

2.Lead acid batteries

3.Empty pesticide containers

4.Cleaning solvents

5.Photographic waste

6.Filtration of residues from dry cleaners

7.Alkaline waste

8.Solvent still bottoms

9.Washing and rinsing solutions containing pesticides

10.Waste pesticides

11.Wash and rinse containing heavy metals

Mr. Dowling stated that the largest amount of the hazardous waste was recycled, a small amount was burned on site, and the least of it was transported to landfills. He further stated that the Law requires the County to identify two areas for potential use, and there is only one storage facility in Florida at the present time which is in Pompano Beach.

Mr. Howard Simpson, resident in Astatula, appeared before the Board in opposition of the designation of the Astatula Landfill as a temporary hazardous waste area. Mr. Simpson stated that he has a public well one mile from the Landfill. He further stated his concern with the other 20% of the hazardous waste that Mr. Dowling did not mention. Mr. Simpson questioned the necessity of the project and the control of it.

MUNICIPALITIES/ZONING

At 11:OO a.m. the Chairman announced that the public hearing on the rezoning request from the City of Eustis would be postponed until 11:30 a.m.

LANDFILLS (CONTD. )

Mr. Douglas Harrison, Mayor of Astatula, appeared before the Board and requested a public hearing be held with the residents in Astatula to discuss the hazardous waste situation in the County.

Mr. H.B. Horgan, Lake Harris Shores, representing the Little Lake Harris Shores Civic Association, appeared before the Board in opposition to the installation and operation of a hazardous waste site at the Astatula Landfill. Mr. Horgan stated the concerns being the water supply in the area and the devaluation of the property surrounding the area.

At this time Mr. Horgan presented a petition signed by the residents in the Little Lake Harris Shores Civic Association and a petition from the residents of East Lake Harris Estates.

Mr. Dowling informed the Board and the public that the legislature passed a new State Law extending the time frame for the local evaluations until December 31, 1984.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for Mr. Stephany and staff and Mrs. Muller and staff to continue to seek other sites to be discussed, and public hearings to be held in connection with the selection of a site, for the disposal of these materials, and indefinitely postpone action on the selection of a hazardous waste site.

Mrs. Jacklin Parsons, resident in Astatula, addressed the Board in opposition of the hazardous waste site being the Astatula Landfill. Mrs. Parsons submitted a petition to the Board from the residents in the area and stated she was concerned with protection of the children, and an evacuation route for the residents in the area.

Mr. Ralph L. Kron, resident of Lake Harris Shores, appeared before the Board in opposition of the hazardous waste site being the Astatula Landfill. Mr. Kron stated that the primary problem that he and his wife have is the selling of their home because of the shameful blight created by the industrial trash bordering County Road 561 extending south from Highway 19 to just north of the Sand Mine areas He requested that the Board deny the use of the landfill for hazardous waste storage so as to prevent the potential for physical and more visual pollution to the community. At this time Mr. Kron presented the Board with his written testimony.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved for a public hearing to be scheduled at the Community Building in Astatula, inviting the legislators and representatives of the Department of Environmental Regulations to explain what is being mandated regarding the hazardous waste problems and set the schedule for public hearing based on State officers ability to attend.

Discussion occurred regarding the area designated for the public hearing

At this time Commr. Smoak amended the motion to state a public hearing scheduled at an acceptable place for the public to attend.

Richard Hennings, Attorney for the Town of Astatula, questioned the formal recommendations of the Astatula Landfill being the most likely area for the hazardous waste site and requested information regarding the evaluation of the sites and other research be submitted to the Clerk of Astatula prior to the public hearing.

MUNICIPALITIES/ZONING

At 11:30 a.m. the Chairman announced that the time had arrived for the public hearing on the request from the City of Eustis regarding the rezoning of property from RR to PD with R-5 use that was annexed May 4, 1984.

Mr. Frank Gaylord, Attorney for the City of Eustis, addressed the Board regarding the rezoning request. Mr. Gaylord stated that the property is zoned PD (Planned Development) with an eight unit density with R-5 uses. He further stated that the project has been approved by the Planning and Zoning Commission and has been through the appropriate public hearings. Mr. Gaylord stated that the negotiation with the City included an eight unit per acre agreement along with the creation of a three acre site for a well.

Discussion occurred regarding the recommendations made by the Development staff concerning their feelings that the feasibility of Eustis taking over the maintenance of Washington Avenue and dedication of right-of-way on all properties owned by the developer along Abrams Road be taken into consideration.

Mr. Steven Richey, Attorney for Equidev, Inc., appeared before the Board and stated that the the Developer is prepared to promise a right-of-way, 33 feet from the centerline along Abrams Road and Washington Avenue at the point where the subject property fronts these roads, in consideration for the County waiving the two-year zoning moratorium on the subject property.

Mr. Fred C. Rohrdanz, Equidev, Inc., appeared before the Board and explained the overall development of Washington Square. He stated that it would involve a maximum of 124 units on a 16 acre parcel.

Mr. Steve Kurtz, City Commissioner, appeared before the Board in support of the rezoning by the City.

Mr. Doug Walker, resident at Lake Joanna Drive, appeared before the Board to discuss the development of Washington Square. Mr. Walker stated that he was not personally opposed to the development, but was concerned about the density impact on the area and the project not selling because of other developments that have been constructed in the same area who have ceased development because of the lack of sales. He further stated his concern regarding the traffic becoming a hazard in the area. Mr. Walker also discussed the City and County Land Use Plans. At this time Mr. Walker presented to the Board several petitions signed by the residents in the area.

Dr . Tully Patrowicz, East Crooked Lake, appeared before the Board to discuss the development that has taken place in and around the area discussed. Dr. Patrowicz stated that he felt the Washington Square development was not in conformity with the present development in the area. He further requested that the developer reconsider their project for the lower density structuring.

Mr. Wesley Porak, Del lwood Drive, appeared before the Board to state his concerns regarding the traffic becoming a hazard at the intersection of Abrams and Washington Avenue. Mr. Porak stated that there are seven subdivisions which access to Abrams Road, and after conducting a survey within the subdivisions, he found that there are 100 vacancies, including vacant lots and homes under construction. He further stated that Abrams was a short cut to Highway 441 and the City of Mount Dora. Mr. Porak recommended that the Board postpone any action until the next meeting so that more of the public could be present to present rebuttal. He also stated that a new well would not solve the City's water problem.

Mrs. Janet Sarzynski, resident along Washington Avenue, appeared before the Board not to object to the development of Washington Square, but to stress her concerns regarding the traffic on Washington Avenue and the devaluation of the homes within the area. Mrs. Sarzynski stated that she would like to see the same type of development that currently exists.

Discussion occurred regarding the City of Eustis requesting a three acre parcel of land for a well and clarification was presented of all City Commission and Planning and Zoning hearings that have been held prior to this rezoning request.

Elsa Gordon, Lake Joanna Estates, appeared before the Board

not to object to the development of Washington Square, but to the

way the City Commission holds public hearings without the public

ever being aware of them.

Mr. Gaylord stated that the only way that the City of Eustis can afford the prescriptive road into the road system was through development and the water problems can only be eliminated through development.

Commr. Smoak stated that he supported City Commr. Kurtz and that the city should be in control of the density within the City, but that the traffic problem should be researched and reviewed for the public's best interest.

Jerry Sexton, Director of Development, stated that the ccmprehensive plan guides the growth, and if the density increases within an area, the roads need to be widened. Mr. Sexton stated that a 7.9 unit per acre has been recommended.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the request from the City of Eustis to relinquish the County RR zoning and to approve the R-l-5 with a Planned Development which allows 7.9 units per acre with the condition that the developer dedicate right-of-ways on Abrams Road and Washington Avenue to the County, that the City of Eustis maintain Washington Avenue and that the City of Eustis obtain right-of-way on Abrams Road within the City limits.

Commr. Carson was not present for the vote and Commr. Burhans voted "no".

AGRICULTURE CENTER

Dr. Earl Kelly, Director of Extension Services, appeared before the Board to discuss the request from Charles Youtsey, Florida Department of Consumer Services, for the greenhouse frames

The Board directed Dr. Kelly to consult with the overall Advisory Committees regarding the greenhouse materials and delayed action until Dr. Kelly could consult with the new agriculture agent.

RECESS & REASSEMBLY

At 1:lO p.m. the Chairman announced the Board would recess for lunch. The Board reconvened at 2:00 p.m. for Rezoning.

COMMISSIONERS

Commr. Windram was absent from the afternoon meeting.

REZONING

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the postponement of the following rezoning cases by the Planning and Zoning Commission:

CASE NO. PETITIONER POSTPONED TO

#74-84-4 Andrew Wawrzycki June 27, 1984

#68-84-l W. E. Golden July 25, 1984

#76-84-l W. E. Golden July 25, 1984

CUP #911-5 Judith Albertson, Et al June 27, 1984

#64-84-3 John W. Cabaniss June 27, 1984

#66-84-3 Zella & Lonnie Moore, Jr. June 27, 1984

#61-84-3 Florida Mining & Material Corp June 27, 1984

CUP #907-l Lyle E. Freitag June 27, 1984

#72-84-2 Equity Star, LTD. & Saul Paster June 27, 1984

CUP #234A-2 Eleanor Jean Watkins June 27, 1984

CUP #909-2 James & Naomi Fredricks July 25, 1984

PUBLIC HEARING #55-84-4 Amend Site Plan in MP JIFFY INDUSTRIES

Paulette Muller, Director of Pollution Control, appeared

before the Board and stated that she did not object to the process of Jiffy Industries, but informed the Board that she had received correspondence from the State, along with complaints and petitions from the Pasco County Zoning Department, stating that the reputation of Jiffy Industries has been one of not following the existing County guidelines. Mrs. Muller stated that should the industry be placed in the County, specific guidelines are needed.

Jerry Sexton, Director of Development, discussed the site plan with the Board.

Mr. Newman Johnston, President of Jiffy Industries, appeared before the Board and discussed the problems existing in Pasco and Hernando Counties and stated that the company is working with the Department of Environmental Regulations to correct those problems. Mr. Johnston requested a 30 day postponement so that he could work with his site engineers in accommodating the road to the back subdivision. He stated that no land spreading would be taking place at all.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the petitioner to postpone this rezoning case until July 10, 1984, at 2 p.m. or as soon thereafter as possible.

PUBLIC HEARING #62-84-5 A to C-l IRENE LOWRIE

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to CP (Planned Commercial) for retail stores and office space.

PUBLIC HEARING CUP#635A-5Amend CUP in A JAN G. STUY

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

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend CUP in A (Agriculture) for the existing fish camp to include a marina and a boat building and repair facility.

PUBLIC HEARING #67-84-4 A to RR MARGARET CAMMACK

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

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

RR (Rural Residential).

PUBLIC HEARING #73-84-4 A to AR HERMAN J. HEIDRICH & SONS

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

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to AR (Agricultural Residential) for a low density subdivision.

PUBLIC HEARING #75-84-4 Amend CP FLORIDA TWIN MARKETS, INC.

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

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the.Planning Commission and approved to amend CP (Planned Commercial) zoning to include a 2nd caretaker's residence.

PUBLIC HEARING CUP#908-1 CUP in RR DORIS J. REDNOUR

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a Conditional Use Permit in RR (Rural Residential) for a home occupation for a drapery business with construction to start in six months.

PUBLIC HEARING CUP#719A-1 Amend CUP #719-l in A

JIMMIE STEWART

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and amended CUP #719-l in A (Agriculture) for a rabbit processing business to include a mobile home for a care- taker's residence with construction to begin in one year.

PUBLIC HEARING #63-84-2 A to LM or MP EMERSON JOHNSON

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

Commr. Smoak spoke in support of the MP (Planned Industrial) zoning.

Commr. Deems made a motion, seconded by Commr. Carson to uphold the recommendation of the Planning Commission to deny the rezoning from A (Agriculture) to LM (Light Manufacturing, Ware- ousing, Research or Professional) or MP (Planned Industrial) for a mobile home and auto repair.

Commr. Burhans and Commr. Smoak voted "no".

At this time Commr. Burhans turned the Chairmanship over to Commr. Deems.

Commr. Smoak made a motion, seconded by Commr. Burhans to overturn the recommendation of the Planning Commission and approve rezoning from A (Agriculture) to MP (Planned Industrial) for a mobile home and auto repair.

Commr. Carson and Commr. Deems voted "no".

At this time Commr. Deems turned the Chairmanship over to Commr. Burhans.

PUBLIC HEARING #65-84-3 A to R-1-15 JEROME BORNSTEIN

Mr. Clarence Papetti, representing 62 other residents in the area, appeared before the Board and requested control of the rapid growth and high density within this area. He stated that he and the other residents are asking that the Commissioners consider that the lots on the lake be in keeping with the long established residents, being 2 - 2 l/2 acres. Mr. Papetti stated that Highway 561, the only access road to the 45 acres which the petitioner is requesting he rezoned, was recently widened approximately six feet, but that it is still too narrow and very dangerous, and further developments will cause a serious traffic problem. He stated that the community beach should not be built.

Mr. Charlie Russ appeared before the Board and stated that he concurred with Mr. Papetti's remarks. He stated that he is concerned with the other approximately 120 acres that Mr. Bornstein owns should it be converted, and roadways and access are not considered. He further stated that it would be hazardous to plan a beach in that area.

Mrs. Nancy Rigotti, Anderson Hill, appeared before the Board and requested that Mr. Bornstein be required to put in writing the details of his plans for development and be required to construct the homes in compliance with the surrounding homes.

Mr. Person, Anderson Hill, appeared before the Board and stated that he concurred with the recommendations made by Mr. Papetti. He stated that there are new homes in the area that have not been completed and that he feels that new development should not start until all of the other construction is completed.

Mr. Jerry Bornstein, Attorney in Orlando and Petitioner, appeared before the Board to discuss the rezoning. Mr. Bornstein stated that there would not be more than two lakefront lots on the parcel requested for rezoning.

Commr. Smoak stated that he could not support the development of the community beach because of traffic related problems that exist at the present. He then questioned Mr. Bornstein's objections to removing the lake frontage north of the guardrail from the rezoning..

Mr. Bornstein stated that he did not want to waive the request for the community beach.

Discussion occurred regarding the plans and development of the community beach and surrounding area.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from A (Agriculture) to R-1-15 (Residential Estates) for a subdivision.

PUBLIC HEARING CUP#910-3 Class. of Uses BARBARA G. HARMON

Discussion occurred regarding the use of the clay at the site that the petitioner is requesting be rezoned.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved to postpone the action to give the petitioner the opportunity to take it back to Planning and Zoning for rezoning with a CUP which would restrict the petitioner from going below grade on the highway property.

Commr. Carson was not present for the vote.

Mr. Leon Ettinger, adjacent property owner, appeared before the Board to object to the postponement. Mr. Ettinger discussed the washed out condition of the road and clay being taken from perfectly good property. He stated that he felt the property has become a county dump.

PUBLIC HEARING #77-84-l A to R-1-6 RICHARD E SULLIVAN

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

PUBLIC HEARING CUP#912-l CUP for PUD in R-l-6

RICHARD E SULLIVAN

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

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the Conditional Use Permit for a Planned Unit Development in R-l-6 (Residential District) for a senior citizens retirement and elderly care lodge with construction to begin in one year.

PUBLIC HEARING CUP#285C-2 CUP in RMRP KENNETH P. SAUNDRY

HOLIDAY TRAVEL PARK

Mr. Ray Chamberlain, representing Kenneth P. Saundry and Holiday Travel Park, appeared before the Board to discuss the rezoning.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the Conditional Use Permit as amended in RMRP (Mobile Home Rental Park Residential District) for a T.V. Tower, with construction to begin in one year.

PUBLIC HEARING #71-84-2 R-l-7 & A to LM PRICE GROVES, INC.

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

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the rezoning from R-l-7 (Urban Residential) & A (Agriculture) to LM (Light Manufacturing, Ware- ousing, Research or Professional).

PUBLIC HEARING #70-84-Z A to RMRP ROBERT J. HESTER & PRICE

GROVES, INC.

Jerry Sexton, Director of Development, stated that the Planning Commission cannot make a recommendation for a Conditional Use Permit for a Planned Unit Development without proper advertisement, and it has not yet been advertised.

Commr . Smoak requested that the record reflect that he is an adjacent property owner.

Mr. Dewey Burnsed, representing Mr. Hester and Price Groves, appeared before the Board to discuss the request for rezoning. Mr. Burnsed stated that he would like the Board to pass the RM zoning without the Conditional Use Permit in order for him to be able to present a specific site plan without the time running out on the CUP.

Mr. Sexton recommended that the RM zoning not be approved

without the CUP so that the County has some safeguards with the

Planned Use Development concept because the density may exceed

4,000 units.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously the Board approved to postpone action and return the rezoning case back to the Planning and Zoning

Department for proper advertisement for a Conditional Use Permit, at the earliest date.

Mr. Karick Price, President of Price Groves, appeared before

the Board to discuss the rezoning. Mr. Price informed the Board

that the developers interested in his property are interested in

the RM zoning.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board tentatively approved the concept for RM zoning with a CUP (Conditional Use Permit) for a PUD (Planned Unit Development) and directed a letter indicating tentative approval.

Commr. Smoak declared a conflict of interest and did not vote on the motion.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to waive the fees for the RM zoning.

PUBLIC HEARING #69-84-2 A to C-l PRICE GROVES, INC.

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

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recanmendation of the Planning Commission and approved rezoning from A (Agriculture) to CP (Planned Commercial) for a convenience shopping center.

Commr. Smoak voted "no".

There being no further business to be brought to the

attention of the Board, the meeting adjourned at 4:18 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

TMA/6-19-84