A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 12, 1985
The Lake County Board of County Commissioners met in regular session on Tuesday, March 12, 1985, at 9:00 a.m. in the Board of County Commissioner's Meeting Roan, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator: Robert L. Wilson, Finance Director; and Mary C. Grover, Secretary.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Carson.
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/ROAD PROJECT?
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request for partial payment to Hewitt Contracting Company for Project #6-85, Paisley, in the amount of $131,374.00.
DEEDS/ROADS, COUNTY & STATE
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board accepted the following right-of- way deeds:
Margaret E. Wilson Westmont Road, #l-5136
Ellis David Townsend Westmont Road, #l-5136
Aldridge Salisbury Westmont Road, #l-5136
Max and Mary Lee Notgrass Westmont Road, #l-5136
Homer and Velva M. Kahrig Westmont Road, #l-5136
Nelson E. and Thelma L. French Westmont Road, #l-5136
Dale D. and Helen L. Black Westmont Road, #l-5136
Edward P. and Geneva H. Morrison Westmont Road, #l-5136
John McClure Younger
Herschel N. and Mary Almeda
Crosthwait Westmont Road, #l-5136
Betty La Mouria Westmont Road, #l-5136
John B. and Janet M. Grove Westmont Road, #l-5136
John R. Schunk Westmont Road, #l-5136
Charles Leroy and Shirley Ann
Hout Westmont Road, #l-5136
Glen C. and Lorene Parks Westmont Road, #l-5136
Alvina Adams Pilmore Westmont Road, #l-5136
Harold P. and Marjorie L. Clark
and Freda A. Ford Westmont Road, #l-5136
Frank Skinner Westmont Road, #l-5136
Robert and Frances Long Westmont Road, #l-5136
James R. and Noba L. Norris Westmont Road, #l-5136
Howard and Roxie Notgrass Ferguson Westmont Road, #l-5136
Carolyn D. Frink Westmont Road, #l-5136
w. D. and Anna Mae Hayes Westmont Road, #l-5136
Joseph Marzini Westmont Road, #l-5136
Rollo V. and Gertrude S. Latta Westmont Road, #l-5136
Walsteen J. Sweat Westmont Road, #l-5136
Ruby A. Diamond Schunk Westmont Road, #l-5136
Noah and Vernon Houston Westmont Road, #l-5136
Allen Diamond Westmont Road, #l-5136
Laurie and Mary M. Conner Westmont Road, #l-5136
Reva Ingraham Westmont Road, #l-5136
Clara Bell and Melvin Emory
Kitchell Westmont Road, #l-5136
Everett N. and Martha Dyson Westmont Road, #1-5136
Newman A. and Pearl Groff Westmont Road, #1-5136
Henry Louis and Thelma Marie
Daniel Westmont Road, #l-5136
Leonard W. and Janet Facto Westmont Road,
Elizabeth and Robert D. Haskins Westmont Road, #1-5136
G. Russell Bryan Cemetary Road, #5-7676
Ernestine Midgette Brantley Branch Road, #4-6797
Lake Warehousing and Development
Corporation Bay Road, #4-4260
CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Interlocal Agreement on the funding of the Astor/Astor Park Aerial Mapping Project.
SUBDIVISIONS/RESOLUTIONS/ROADS, COUNTY & STATE/BONDS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved to record the plat of Vi- rod Subdivision; accepted a maintenance bond in the amount of $3,480.00, and accepted Croat Street, #4-4580D, into the County maintenance system.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request of Otis Wolfe, Bassville Park Area, District #l, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bond being posted and with the stipulation that the mobile home will be removed upon the completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.
CONTRACTS , LEASES & AGREEMENTS/EMERGENCY SERVICES
On a motion by Commr. Smoak, seconded by Commr. Deems and
carried unanimously, the Board approved and authorized the Chairman to sign the FY 85 Emergency Management Assistance Contract with the Florida Department of Community Affairs in the amount of $17,947.00.
COUNTY EMPLOYEES/RESOLUTIONS/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Resolution of Appreciation for Will R. Lamond, Public Works, for 15 years of service.
ACCOUNTS ALLOWED/PERSONNEL
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to reimburse Malissa Haben, Secretary, Personnel Department, $7.00 upon successful completion of a Word Processing/Mag Card Course at the Lake County Vo-Tech Center.
SUBDIVISIONS/RESOLUTIONS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request to name an unnamed road in Forest Park Subdivision (unrecorded) in the Pine Lakes area Rory Lane.
COMMITTEES/CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS
Mr. Willett, County Administrator, addressed the Board requesting approval on the following Interlocal Agreements pertaining to the road impact fee:
Clermont Eustis
Groveland Mt. Dora
Tavares Leesburg
Mr. Willett stated that t-he City of Leesburg was requesting that road benefit districts 3 and 4 be combined. He pointed out that District 3 is Leesburg, Fruitland Park on up the corridor and down to Okahumpka, and District 4 is Silver Lake and Bassville Park over to Dead River. He stated that the Board would have to amend the Ordinance if the request was granted.
Mr. Ford, County Attorney, stated that the Board could adopt an emergency ordinance to combine the two districts.
Commr . Smoak suggested the Board should endorse the actions of the City of Leesburg of combining road benefit districts 3 and 4 and refer it to Sanford Minkoff, County Attorney's Office, to come up with a proper procedure on combining the districts and to communicate with the City of Leesburg that the Board has adopted their recommendations.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the following Interlocal Agreements pertaining to the road impact fee:
Clenont Eustis
Groveland Mt. Dora
Tavares Leesburg
Discussion continued. It was noted that the Town of Lady Lake had made a decision not to participate in collecting the road impact fees. Commr. Smoak pointed out that no funds would be collected within the corporate limits. It was noted that the cities have to adopt an ordinance in order to withdraw from the program.
CONTRACTS, LEASES & AGREEMENTS/PRIVATE INDUSTRY COUNCIL
Mrs. Robbie Baird, Private Industry Council, was present requesting approval on the extension of the Customized Training Contract with the Lake County Vo-Tech Center.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Chairman to sign the Customized Training Contract with the Lake County Vo-Tech Center, as recommended by Mrs. Baird.
AGRICULTURAL CENTER/SOIL CONSERVATION
Mr. Michael Willett, County Administrator, addressed the aoard and stated that when he and Commr. Windram went to look at some other problems within the County, they noticed some problems with erosion. He stated that he asked Mr. Mark Burgess, Soil Conservation, to attend today's meeting to discuss the erosion problem in Lake County.
Mr. Burgess stated that he felt erosion was a problem in Lake County. He stated that besides water erosion, Lake County is now experiencing wind erosion. He stated that Soil Conservation is attempting to do the following in assisting with the erosion:
1 . Soil Conservation has requested and has been approved, through the Agricultural Conservation and Stabilization Service, an additional $30,000 to be spent in Lake County specifically for erosion control type practices, primarily being in the form of vegetative covering. He stated that the funding could only be spent on those groves or lands which are eroding at a greater capacity than what is considered twice the tolerance level.
2. Soil Conservation will provide on-site assistance for
growers and ranchers.
Mr. Burgess explained that the type of vegetative cover that would be planted on the sandier soils would be either Bermuda or Bahia grass. He stated that the additional $30,000 would only be able to cover approximately 1,500 acres of land. He stated that it was an incentive for those growers who would not plant otherwise.
Mr. Burgess stated that Soil Conservation is working closely with the Agricultural Center to work on alternatives.
Commr. Smoak suggested to Mr. Burgess that he inform the Board of anything the Board could do to assist with the problems in seeking additional fe f deral assistance in this area.
REPORTS/SOIL CONSERVATION
Mr. Mark Burgess, Soil Conservation, presented the Board with a copy of the 40th Annual Report for the Lake Soil and Water Conservation District for the year ended 1984, for the Board's review.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $217.30, pursuant to Lake County Ordinance 1982-1, to reimburse the Sheriff's Department for expenses incurred in sending Lieutenant J. R. Swails to the Street Survival Seminar in Miami, March 2, and 3, 1985.
CLERK/COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Satisfaction of Judgment for Willis Albert Edwards in the amount of $250.00, Case #83- 1,792TT42.
RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board proclaimed March 29, 1985, through April 13, 1985, as Bahia Temple's Paper Drive Days.
AGRICULTURE CENTER/SOIL CONSERVATION
Mr. Ford, County Attorney, addressed the Board to comment on
the erosion problem in Lake County. He stated that the Board could adopt an emergency ordinance which would require that anyone clearing their land to plant another type of crop.
No action was taken at this time.
HOUSING FINANCE AUTHORITY
Commr . Carson stated that he had read in the local
newspaper of the resignation of Mr. Sam Mazzotta from the Orange County Housing Finance Authority. Mr. Mazzotta was Lake County's agent for the Housing Finance Authority. He questioned if Mr. Mazzotta's resignation would affect the senior citizens project in Clermont which was already in progress. It was also noted that in the newspaper it had indicated that the Orange County Housing Finance Authority has postponed hearings on projects until the situation had been resolved.
Commr. Burhans informed the Board that two requests have been received to appear before the Board requesting the Board's approval to approach the Orange County Housing Finance Authority to finance multi-family projects with the bond money. He stated that he would prefer to wait to discuss these requests until the problems in Orange County have been resolved.
Discussion also occurred regarding previous action taken by the Board of communicating with the Orange County Commissioners and the Seminole County Commissioners with the possibility of Seminole County and Lake County having a voting representative on the Housing Finance Authority. Commr . Smoak requested that the Board be copied on the letter sent to each County.
RECESS & REASSEMBLY
At 10:05 a.m. the Chairman announced that the Board would recess for lunch. At 2:00 p.m. the Board reconvened for Rezoning.
REZONING
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved postponement of the following rezoning cases to be heard at 2:00 p.m. or as soon thereafter as possible:
CASE # APPLICANT HEARING DATE
CUP #750A-5 Bassville Fire District April 9, 1985
#20-85-l Larry Ringle and Elmer J. May 14, 1985
& Dorothy F. Givens
PUBLIC HEARING #169-84-4 A to R-1-7 Arthur & Eva Porter
Mr. Mike Croak, attorney representing the petitioner, was
present to discuss the request with the Board.
Mr. Jerry Sexton, Director of Development, stated that the case was postponed from December 11, 1984, because the petitioners expressed concern on the house size required in ER (Estates Residential) which is 1,800 square feet. He stated that at that meeting he indicated meetings would be held to discuss reduction of house sizes. He stated that one meeting has been held and that another one was being held tonight and that he would be making a recommendation to the Board.
Mr. Sexton stated that the Board would have two options:
1. Approve the ER (Estates Residential) zoning and then the petitioner would have to go along with the house size that is designated for that zoning, or
2. The case could be postponed for approximately three months, the minimum amount of time to get this house size reduction through the Planning & Zoning Commission and the County Commission.
Mr. Croak stated that he did not have any objections with the postponement of the case.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board postponed this rezoning case until June 11, 1985, to be heard at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #163-84-4 R-l-7 to C-2 or CP Colin English, Jr.
Mr. Mike Croak, attorney representing the petitioner, was present to discuss this rezoning case with the Board. He informed the Board that a site plan had been submitted with the application and that there was one correction made to the plan. He stated that the actual crossover as located on U.S. 441 is directly in the center of property as opposed to the west side as it is shown on the site plan. He stated that the proposed site plan is for a new car dealership.
Mr. Croak stated that he had some problems with the amendments to the CP (Planned Commercial) made by the Planning Commission pertaining to a frontage road and the cuts on U.S. 441. He stated that the Planning and Zoning Commission was requesting an easement of 50 feet for the frontage road. Be stated that the frontage road would present a number of problems for the dealership:
1. Visibility from the west would be blocked by the
Credit Union.
2. The dealership would be losing the use of approximately 50 feet of property that fronts on U.S. 441.
Mr. Croak also discussed the Planning and Zoning Commission's recommendation of one entrance. He stated that since there would be trucks entering into the dealership, there needs to be two driveways. Be stated that one driveway would be used as an extrance only.
Mr. Bill Poole, Poole Architects of Orlando, addressed the Board to discuss the rezoning case. Be stated that there were two factors which were important for a car dealership's ability to sell autanobiles: visibility and access. He stated that it was essential to have the merchandise up front so that drivers passing by can see the basic inventory of the dealership.
Commr. Windram informed Mr. Poole of another local dealership which is located on a frontage road.
Commr. Smoak questioned Mr. Sexton, Director of Development, why a frontage road is being required. Mr. Sexton replied that a frontage road is being required in order to alleviate future traffic problems.
Mr. Sexton read the following amendments which were also made by the Planning Commission:
1. Actual construction of the frontage road to the East
be delayed until the adjacent property is developed.
2. Applicant to post a performance bond for the cost of
the construction of the frontage road.
3. The 50 ft. frontage road area may be used for the display of vehicles only until construction is required on the East side of the property.
4. All signs adjacent to the frontage road right-of-way must meet setback requirements.
Mr. Croak stated that it was his understanding that the frontage road area could be used until such time there was development to the East and the road was actually required. Be requested that the dealership be allowed to place lights and signs in the easement. He stated that they would be willing to enter into an agreement with the County, that at such time frontage road construction was required, that the dealership would bear the expense of moving the signs and lighting and any other structure placed in that easement.
Commr. Smoak questioned if the frontage road would be County dedicated and publicly maintained. Mr. Sexton replied that the frontage road would be a public easement. He stated that the petitioner would have an alternative, that if the road was constructed to County standards it could be brought into the maintenance system.
Commr. Smoak also questioned why the petitioner would 'be required to setback from the easement Mr. Sexton stated that the Ordinance states easements, and anything for ingress and egress must meet the setback requirements.
Mr. Sexton stated that he would have no problem with placing the lights and signs in the easement until the frontage road is built.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the stipulations and amendments of the Planning and Zoning Commission as discussed and approved to to add the following:
4. All signs adjacent to the frontage road right-of-way must meet setback requirements. Applicant may be permitted to erect signs or lights within the frontage road right-of-way, subject to and removing, at his expense, any such signs and lightings placed in that right-of-way at the time of construction of the frontage road.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-1-7 (Urban Residential) to CP (Planned Commercial),as amended.
PUBLIC HEARING #4-85-5 A to R-1-15 William F. Seibert
Mr. Jerry Sexton, Director of Development, informed the Board that the case had been postponed to enable the petitioner to consult with the Public Works Department to determine the needed right-of-way, and they were looking in favor of rezoning this to ER (Estates Residential) or RE (Rural Estates) depending upon the amount of right-of-way that would be required by the Public Works Department and the location of the right-of-way. He stated that the Public Works Department wants 66 feet of right- f-way.
Mr. William F. Seibert, petitioner, addressed the Board and stated that he would request the ER (Estates Residential) zone instead of the RE (Rural Estates) zone.
Mr. Bob Stebbins addressed the Board and stated that he was in favor of the ER (Estates Residential) zoning. He further stated that he had discussed the proposed rezoning with others, and it was his understanding that they also approved of the ER (Estates Residential) zoning.
Mrs. Barbara Johnson, Umatilla, stated that she was in favor of the RE (Rural Estates) zoning, but she would agree to the ER (Estates Residential).
Mr. Bill Austin, Umatilla, questioned the difference between RE (Rural Estates) and ER (Estates Residential). Mr. Sexton replied that RE (Rural Estates) zoning required a 30,000 sq. ft. lot and a house size of 2,100 sq. ft., and that ER (Estates Residential) zoning required a 22,000 sq. ft. lot and a house size of 1,800 sq. ft. He also wished to inform those interested that the road has been under six (6) inches of water, and that the land would need a substantial amount of fill before anything could be constructed. He stated that he objected to the construction of more than three houses on the property. Mr. Seibert stated that he plans to build a total of three houses on the property.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved rezoning from A (Agricutural) to ER (Estates Residential).
PUBLIC HEARING #177- 4-5 LM and R-l-7 to RP Muriel W. Pease No one present wished to discuss this rezoning case with the
Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from LM (Light Manufacturing) and R-l-7 (Urban Residential) to RP (Multiple- amily Residential-Professional) for retirement rental units.
PUBLIC HEARING #175-84-3 LM to MP Duracrete Concrete
Mr. Steve Richey, representing Florida Mining & Materials,
petitioner operating Duracrete Concrete, addressed the Board to object to the Planning Commission's recommendation of denial. He stated that his client was requesting to operate a Duracrete plant on a piece of property between Mount Dora and Tavares. He discussed the proposed site plan with the Board.
Mr. Richey gave a brief history on the background of the r e quest. He stated that Florida Mining & Materials had previously operated a block plant and ready mix plant until 1974 at the proposed location. He stated that the physical plant was removed in 1980. He stated that the former plant had been located on approximately four acres. He further stated that his clients purchased additional acreage to include with the four acres to enable the plant to be setback 200 feet from adjacent property owners. He indicated that the setback requirement would have been impossible on the four acres.
Mr. Richey discussed with the Board and audience the uses allowed under LM (Light Manufacturing) zoning. He stated that the proposal today was basically requesting a MP (Planned Industrial) designation of the ten acres with the following conditions:
1. Maintain a 65 foot vegetative buffer on south property
line.
2. Maintain 25 foot buffers on east and west property lines.
3. Comply with 200 foot setback from adjacent property
owners.
4. One driveway entering and exiting the property.
5. Improvements to Fairview and Old U.S. 441, with regards to acceleration and deceleration turn lanes, or whatever improvements are required by the Public Works Department at no cost to the County.
6. No truck traffic be allowed on Fair-view Avenue beyond the one entrance.
7. The storage of aggregate be stored no higher than four feet.
8. Limiting hours of operations from Monday through Friday, frm sunrise and sunset. He indicated that this condition was placed on the petitioner by the Planning Staff.
9. Comply with all Pollution Control Ordinances, with all applicable State and Federal and local standards.
10. Limited to ten ready-mix trucks operating off this site.
11. Required to submit accountability to the Lake County Pollution Control Officials, providing them with quarterly reports on their compliance with Federal, State, and local standards.
Mr. Richey stated that they would further condition the
following:
12. No off-site dust.
13. No aggregate will be allowed to escape the site.
14. Noise levels will be controlled so that they will not
exceed those noises generated by Old U.S. 441 traffic.
15. He also requested that, as a condition to the MP (Planned Industrial) zoning, that the petitioner immediately apply to Seaboard Coastline Railroad to request that the entrance be removed from Fairview and place the entrance at Lake Avenue, which accesses on U.S. 441.
Mr. Richey discussed the following two concerns which were
brought to the attention of the Planning Commission:
1. Traffic. Mr. Richey stated that his client was willing to relocate the entrance from Fairview Avenue to Lake Avenue.
2. He stated that Duracrete is presently operating 15 trucks
in the Mount Dora/Tavares area. He stated that there would be a decrease in through truck traffic through Tavares by relocating the plant. He stated that they would be operating five (5) to seven (7) delivery trucks a day to this site to provide the plant with the 98 to 100 cubic yards of concrete which would be produced off this site.
Mr. Richey informed the audience that if the plant cannot comply with any of the conditions that he outlined, then the Board of County Commissioners would have the authority to close the plant.He stated that if this rezoning was approved today, the proposed ready-mix plant would be the most controlled and regulated plant in the State of Florida.
Mr. Richey informed the Board that the rezoning request would be consistent with the County's Comprehensive Plan and the Future Plan of Mount Dora.
Commr. Carson questioned how many new jobs would be created if this rezoning was approved. Mr. Richey replied that fifteen (15) people will be employed, ten (10) of which will be transferred from the Leesburg Plant.
Mr. Richey also informed the Board that they were willing to apply to Seaboard Coastline Railroad for a siting and bring as much aggregate as possible by rail.
Commr. Deems stated that the petitioner's reasoning for purchasing the extra property was to set the plant back to meet the County's 200 foot setback requirements. Mr. Richey replied that they would have no problem with moving the plant closer to U.S. 441. Mr. Jerry Sexton stated that he felt that the proposed rezoning request falls within the criteria of the 200 foot setback. He stated that the Ordinance states "the operation shall not be any closer than 200 feet from the nearest right-of-way line of any public street, County road, State or Federal road or highway, or the adjacent boundary of property owned by others".
A lady in the audience questioned Mr. Richey if Bay Road would be affected. Mr. Richey replied that he had indicated earlier that they do not plan on any truck traffic down any residential street except for delivering concrete to jobs.
Mrs. Virgina Walker, Lake Eleanor Drive, addressed the Board to question Mr. Richey on why this site was chosen for the proposed plant. Mr. Richey replied that the reason why the site was chosen was that the Company already owned the property and had operated a plant there previously. Mrs. Walker questioned if it would be better to locate the plant on a four lane highway.
Mr. Richey stated that there would be other roads that could handle the traffic better, but wherever they propose a site, there would be opposition to the request. Mrs. Walker further stated that she felt there does not need to be anymore industry located in that area.
Mr. Jackson Brownlee, attorney representing Dr. Hanson, addressed the Board in favor of the Planning Commission's
recommendation for denial. He stated that the area has developed into a nice residential area.
Mr. Brownlee stated that the conditions offered by Mr. Richey were not satisfactory to those present. He expressed concerns pertaining to dust, noise, traffic. He stated that all those problems, along with the existence of the plant, would cause a devaluation of the neighboring properties.
Mr. Brownlee submitted 329 letters which have been received from all over the County objecting to the rezoning. He also submitted a group of letters from residents near the Leesburg concrete plant, and photographs which were taken depicting several of the Florida Mining & Materials plants and surrounding neighborhoods.
Mr. Brownlee requested those present, who live within l/4 of a mile of the proposed site and who object to the proposed rezoning, express themselves by a show of hands.
Mr. Hubert Hartman, Mt. Dora, addressed the Board to object to the rezoning. He read a portion of Lake County's Comprehensive Plan. He stated that if the rezoning was approved, the rezoning would create a free-standing development. He stated that he felt that the substantial increase of heavy industrial truck traffic on Old U.S. 441, between Mount Dora and Tavares, will create an additional hazard for those citizens who use Old U.S. 441. He also stated that there was a number of school buses which travel on the road and through the residential areas.
Mr. Hartman stated that he felt the plant would be detrimental to the value of homes and surrounding area. He stated that it would be detrimental to potential new residential development in the immediate area.
Mrs. Beverly Cove, Lake Saunders Circle, addressed the Roard to discuss comments made by Mr. Richey at the Planning Commission meeting and at today's meeting, regarding less truck traffic being generated if the rezoning is approved. During the past eight years, she stated that she has noticed very few ready-mix concrete trucks on Old U.S. 441. She stated that a monitoring staff had been established to determine how many ready-mix concrete trucks actually travel Old U.S. 441. She stated that the staff monitored the traffic patterns at two different locations between the hours of 8:30 a.m. and 5:00 p.m. on three consecutive working days. She presented the Roard with a memorandum with the results of the study.
Mr. Brownlee stated that he had been informed by Mr. Tom Winn, Lake County School Board, that the area is a hazardous walking area.
Mr. Dan Gordon, Tavares, addressed the Board and stated that he had recently purchased a lot on Hanson View Drive, which intersects with Fairview Avenue. He stated that before purchasing the building lot, he and his wife met with the Planning & Zoning staff and had reviewed the zoning in the general area. He stated that he disagreed with the Planning staff that the zoning classification is compatible with adjacent zoning and land uses. He stated that he has talked with residents residing near the Leesburg plant and the residents do not like living near the plant.
Mr. Bill Curry, Fairview Avenue, addressed the Roard and stated that he has been in the construction business and that he felt that no person can eliminate the dust that has been proposed on this job site.
Mr. David Brown, co-counsel for the opposition, addressed the Board to discuss the legal aspects of the application and the advertisement of the application Mr. Jim Holman, North Bay Road, addressed the Board to discuss the operating hours of the proposed plant. Mr. Richey stated that he would have no problems with limiting the hours to 7:00 a.m. to 5:00 p.m.
Ms. Glenda Mahaney, property owner across the street, informed the Board that she did not receive notification of the proposed rezoning. She presented the Board with photographs on the type of businesses which are currently operating in the area.
Mr. G. L. Swenson and Mr. Reid Martin also addressed the Board objecting to the rezoning.
Commr . Windram stated that one of his concerns was the potential traffic problems.
Mr. Richey addressed the Board and stated that Old U.S. 441 is a good major arterial road. He presented the Board with
photographs showing the proposed site and the surrounding properties.
It was noted that the Mount Dora City Council and the Tavares City Council did not make any recanmendations regarding the proposed request.
Commr. Smoak discussed potential traffic problems in the area. He stated that more housing developments in the area may create a greater traffic problem.
Discussion occurred regarding the conditions set by the Planning Commission. The following changes were made.
C. Delete Fairview Avenue and add Lake Avenue.
D. Change to read: All truck traffic be restricted to Old U.S. 441 or other arterial roads except in the case of making or returning fran a delivery.
F. Add: A twenty-five foot vegetative buffer also be established and maintained on the north side of the property which fronts U.S. 441 with the exception of the entrance.
H. Operations of the plant be amended to be from 6:30 a.m. to 5:30 p.m.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the conditions set by the Planning Commission and Mr. Richey's conditions to be included in the Conditional Use Permit. The motion also included that the 200 foot setback requirement on the north side be reduced to 100 feet, subject to the approval of a variance, and that a twenty- five foot vegetative buffer also be established and maintained on the northside of the property which fronts U.S. 441 with the exception of the entrance.
Commr . Windram informed the Board and audience that he voted in favor of the amendments, but that does not indicate that he will favor the motion.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board overturned the recanmendation of the Planning Commission and approved rezoning from LM (Light Manufacturing) to MP (Planned Industrial) for a ready-mix concrete plant, as amended.
Commrs. Burhans and Windram voted "No".
RECESS & REASSEMBLY
At 4:30 p.m. the Chairman announced that the Board would recess for five minutes. The Board reconvened at 4:35 p.m. for the remaining rezoning cases.
PUBLIC HEARING #14-85-5 A to MP Irene P. Lowrie
No one present wished to discuss the request with the Board. On a motion by Commr. Deems, seconded by Commr. Carson and
carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to MP (Planned Commercial) for a concrete batch plant and lumber yard with offices.
PUBLIC HEARING CUP #962-4 CUP in A Maypreno, Inc.
Mr. Dennis Horton, attorney representing Maypreno, Inc., was
present to object to the Planning Commission's recanmendation of denial. He stated that his client has submitted a topographic map. He stated that his client was willing to limit the operation to 61 acres with Phase I.
Commr . Smoak made a motion, which was seconded by Commr. Carson to amend CUP #962-4 to indicate the geographic area, totalling 61 acres of land.
Mr. Jerry Sexton, Director of Development, addressed the Board to discuss the amendments made by the Planning Commission in regards to the Conditional Use Permit:
1. Under 2 (b), change it to read, "6 ft. laterially",
instead of "1 ft. vertically".
2. Create 2 (c) to indicate that they will excavate
approximately 40 acres, and at that time, they will
sod, and return the land to its natural state, before proceeding on to the next 40 acres.
3. Create 2 (d) to indicate that the hours of operation will be from 7:00 a.m. to 6:00 p.m., with no Sunday operation allowed.
4. Create 2 (e) to indicate that the applicant will be allowed to clear only 40 acres at any one time.
5. Create 2 (f) to read the applicant will not be allowed to excavate below the lowest msl on the site.
The Board voted on the motion to amend the Conditional Use
Permit by amending the geographic boundaries from 280 acres to 61
acres and the motion was carried unanimously.
Mr. Horton indicated that Mr. Sexton had recommended that the petitioner be required to pave Huff Road. He stated that his client would like to have some alternatives. He stated that they would like to attempt to acquire an easement below the property on the 40 acres between their property and SR 44 to use as a road. He stated that the other alternative is to work with the County for the property owner to maintain the road until there are enough funds to pave the road.
Mr. Horton requested that the rezoning request be granted.
Mrs. Joanne Holloway, Johns Lane, addressed the Board in
favor of the Planning Commission's recommendation for denial. She informed the Hoard that there was a creek, which was a recharge area, located on that property and if the petitioner destroys the water supply, then it will destroy all the surrounding farming property as all the properties need usable water. She recommended that the Board go and view the property before a decision is made.
Mrs. Jackie Conn, a resident in the area, addressed the Board and stated that she was not notified of the rezoning request.
Commr. Windram stated that he would like to go and look at the property before a decision is made.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board postponed this rezoning case until April 9, 1985, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #ll-85-4 A to RR Leonard F. Davidson
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).
PUBLIC HEARING #17-85-4 RR to RE Mary M. Waite
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved rezoning from RR (Rural Residential) to RE (Rural Estates).
PUBLIC HEARING #19-85-5 R-l-7 to C-l or CP Paul N. Little
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) for a convenience store and retail outlets, as amended.
PUBLIC HEARING CUP #959-5 CUP in R-l-7 Free Methodist Church
of North America
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded hy Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request for a CUP in R-l-7 (Urban Residential) for a church and additional buildings.
PUBLIC HEARING #13-85-l RR to A Bobby G. Crozier
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved rezoning from RR (Rural Residential) to A (Agriculture).
PUBLIC HEARING #15-85-5 A to R-l-5 or R-l-7 Timothy & Janet Walden
Mrs. Janet Walden, petitioners, appeared before the Board to object to the Planning Commission's recanmendation of denial. She questioned why the Planning Commission denied the request as there are other mobile homes in the area.
Commr . Burhans informed Mrs. Walden that the property is outside an urban node, therefore, high density development is not encouraged by the Comprehensive Land Use Plan and that the request is not in keeping with existing land development patterns in the area which is large lot development.
Mr. Sexton, Director of Development, stated that the three mobile homes are considered lots of record. He stated that this case involves a lot of record which was divided.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from A (Agriculture) to R-l-5 (Mobile or Mixed Residential) or R-l-7 (Urban Residential).
PUBLIC HEARING #16-85-2 A to LM Adam M. & David M. Bortscheller
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to LM (Light Manufacturing).
PUBLIC HEARING #12-85-2 A to AR Fred Nelson One
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved rezoning from A (Agriculture) to AR (Agriculture Residential).
PUBLIC HEARING #22-85-3 A to R-l-15 Quadra-Star Development
Mr. Paul DeFelder, petitioner, was present to discuss the request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved rezoning from A (Agriculture) to R-l-15 (Residential Estates).
PUBLIC HEARING CUP #958-2 CUP in A Leland S. & Virginia V. Tuttle
Mr. Mike Croak, attorney representing the petitioner, was present and informed the Board that there was an error in the legal description.
Mr. Ford, County Attorney, stated that there were no problems with the Conditional Use Permit and that the petitioner would have to get additional land from the east to have five full acres. He stated that it appeared to be a survey error.
Mr. Croak stated that there would be no problem with obtaining the additional 12.7 feet needed to comply with the Conditional Use Permit.
Mr. Ford stated that the additional 12 feet would have to go through advertising, go through the Planning Commission, and the Board for approval.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning Commission and approved a CUP in A (Agriculture) for a fish farm and requested that the applicant get a proper legal and go through the proper procedures.
Commr . Windram was not present for the vote.
PUBLIC HEARING #18-85-2 A to PUD Harry K. Kim
Discussion occurred regarding if the City of Howey-In-The- Hills had been notified of the rezoning request. Mr. Sexton stated that the City had been notified.
Mr. Paul Hanna, representing Mr. Kim, addressed the Board to discuss the request. He stated that a letter had been received from Howey's fire department stating that they would provide fire protection to the development. He stated that the petitioner would not be developing any wetlands. He stated that with the water resources and retentions, they are putting the land back the way it was originally.
Commr . Smoak stated that he felt the City of Howey should have an opportunity to voice their opinion on the request.
Mr. Sexton recommended that the City be approached to request time on their agenda to discuss the request at their council meeting and obtain a letter from the City regarding their opinions.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved to postpone this case until April 9, 1985, at 2:00 p.m. or as soon thereafter as possible.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved to reconsider the rezoning request.
On a motion by Commr. Deans, seconded by Commr. Smoak and carried unanimously, the Board approved to postpone this rezoning case until March 19, 1985, at 10:30 a.m.
PUBLIC HEARING CUP #961-2 CUP in A Powers Dairy, Inc.
No one present wished to discuss the request 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 a CUP in A (Agriculture) for a peat mining operation.
Commr. Smoak voted "NO".
PUBLIC HEARING CUP #960-2 CUP in A William Spicer &
Kenneth Boykin
No one present wished to discuss the request with the Board. On a motion by Commr. Deems, seconded by Commr. Carson and
carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved a CUP in A (Agriculture) for a peat mining operation.
PUBLIC HEARING CUP #731B-2 CUP in A Evelyn S. Bunch/City
Of Clermont
Mr. Sexton, Director of Development, addressed the Board and stated that the Planning Commission had made the following
amendments to the Conditional Use Permit:
buffer to reduce the cross winds and retard drift.
shall maintain an adequate stabilized driveway.
Mr. John Rhodes, attorney representing the residents, was present to object to the Planning Commission's recanmendation of approval.
Mr. Leonard Raird, attorney representing the City of Clermont, addressed the Board to discuss the rezoning case. He commented on the amendments made by the Planning Commission. He discussed the requirement of a 200 ft. buffer zone on the south side. He stated that the current regulations provide for a 100 foot buffer zone. He stated that there was a 100 ft. buffer zone on the current sprayfield and stated that he did not see any justification for an additional 100 ft. buffer zone. He stated that on the south side of the property, there is an additional 50 ft. drift between the property for the proposed sprayfield and the adjoining property owners. He stated that the City could not live with the 200 ft. buffer zone as it takes away too much of the property which is needed in order to expand. He stated that the property is a citrus grove and he estimated that in two (2) years, the property would be a producing grove.
Mr. Baird recanmended that the monitoring wells be controlled by the Pollution Control Board who has the expertise in this area.
Mr. Baird also recanmended that #3 of the amendments be deleted. He stated that the sprinklers are 30 inches above the ground and they spray four times a week for approximately five hours per day. He stated that there might be some drift if there was a heavy wind. He further stated that the drift would be contained by the vegetative buffer which they are required to maintain on the 100 ft. strip. He explained the City was willing to plant, within that 100 ft. strip, vegetation that is high enough to impede the drift and also try to get growth on the citrus trees for additional buffer. He stated that placing
crisscross vegetative buffers will make it impossible to harvest the hay.
Mr. Rhodes addressed the Board to discuss the case with the Board. He stated that he represented the residents who reside on the south side of the property. He presented the Board with a summary of their objections, along with maps of the area. He informed the Board that the 50 ft. drift area outlined by Mr. Baird is owned by one of the property owners and is used as a road. He stated that the purpose of being present at today's meeting was to oppose to the expansion of the proposed sprayfield in the southerly direction unless adequate safeguards are made to minimize pollution, odors, aerosol drift, and safeguards not to increase drainage problems. He further stated that safeguards were needed to insure that this installation will be reasonably attractive and to minimize its affect on the property values. He stated that the property owners currently get hit by spray when using the road when passing the present sprayfield.
Mr. Rhodes stated that the effluent does contain viruses and bacteria and other substances which are harmful to people.
Mrs. Paulette Muller, Director of Pollution Control, addressed the Board and read a portion of the Rules of the Pollution Control Board pertaining to sprayfields. She stated that no one in the neighborhood has canplained about the aerosol drift. She explained that the residents have the right to complain and once the Pollution Control Department has been notified, the Department notifies the City that corrective action has to be taken. Mrs. Muller stated that the City of Clermont has met all the conditions that are required for this type of Sprayfield.
Discussion occurred regarding placing additional effluent on the existing sprayfield. Mrs. Muller informed the Board that she has spoken with Mr. Lee Miller, Department of Environmental
Regulations (DER), and Mr. Miller stated that it was probable that the existing sprayfield has the capacity for an additional 100,000 gallons of effluent under their permit conditions. She explained that to apply more effluent, would require an application from the City of Clermont with supporting documentation fran their engineers that the sprayfield would support more effluent.
Mr. Rhodes expressed concern about the drainage of the effluent. He stated he felt if the land is watered down by the effluent, there would be a possibility that the residents will be flooded.
Mr. Rhodes also indicated that discussion was held at the Planning Commission meeting concerning the creation of berms. He stated that his clients felt that berms should be constructed.
Mrs. Linda Phillips, resident, addressed the Roard objecting to the rezoning. She stated that since the Conditional Use Permit had initially been approved by the Board in 1980 and amended in 1982, she has been doing some research regarding effluent and sprayfields. She informed the Board that she had spoken to a doctor in Tampa regarding the effluent and aerosol drift. She stated that it was her understanding that the City of Clermont had the option to purchase another piece of property (approximately 55 acres) at the other end of the sprayfield.
Mr. George Forbes, City Manager, City of Clermont, informed the Board that the City had been granted approval to purchase two sites of property--one site was the Sunderman Groves and the other from Mrs. Bunch. He stated that the City had not been able to reach an agreement with the Sundermans on a purchase price.
Commr. Smoak informed the Board and audience that effluent had been sprayed on the little league fields for years. It was noted that secondary effluent could not be sprayed on golf courses.
Mr. Jim Hartman, resident, addressed the Board objecting to the approval of the Conditional Use Permit. He expressed concern for the school children walking down Max Hooks Road and being sprayed by the aerosol drift.
On a motion by Commr. Smoak, seconded by Ccmmr. Deems and carried, the Board upheld the recommendation of the Planning Commission and approved to amend CUP #731A-2 in A (Agriculture) to include additional land for expansion of effluent spray irrigation field, as originally submitted by the City of Clermont, excluding all the Planning Commissions amendments 1, 2, and 3, and including the Planning Commission's amendment 4 pertaining to ingress and egress.
Commr. Burhans voted "No".
Discussion continued regarding the City of Clermont's intention regarding the buffer. Mr. Richard Huff, City of Clennont Council Member, addressed the Board and stated that the City was advised to plant a fast growing hedge inside the buffer strip and then when the trees have to be replaced, replace them with red cedar. He stated that he would recommend this type of vegetation to the City Council at their next meeting.
PUBLIC HEARING #21-85-4 R-l-7 to RA Estate of Margaret Depew
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to RA (Ranchette).
There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:50 p.m.
Glenn C. Burhans, Chairman
James C. Watkins, Clerk
mcg/3-15-85