A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 12, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, April 12, 1988 at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: Thomas J. Windram; Claude E. Smoak, Jr.: James R. Carson, Jr.; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, Assistant County Administrator; Robert L. Wilson, Finance Director; and Toni M. Austin, Deputy Clerk.

Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Mr. Willett.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of April 5, 1988, as submitted.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Judgments:

1. Case No. 87-1209 CF, Preston Laroche, in the amount of $250.00

2. Case No. 87-1093 CF, John Raymond Granger, in the amount of $250.00



3. Case No. 87-1286-CJ, Neal Roger Baldwin, juvenile, and Marion and Louise Baldwin, parents, in the amount of $50.00



4. Case No. 88-69-CJ, Bobby Lee Bullock, juvenile, and Bobby Bullock, Sr., parent, in the amount of $50.00.



REPORTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the month ending March 31, 1988, in the amount of $102,275.08.

BUDGETS/MOSQUITO-AQUATIC PLANT MANAGEMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the amendment to the Mosquito Control Budget, which reflects increased revenue not anticipated from the audited fund balance.

COUNTY ADMINISTRATOR'S AGENDA

DEEDS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept a deed from the Lake County School Board, for the property on which the Sorrento Fire Station is located.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Mt. Plymouth Fire District, to purchase an 800 GPM pump, at an estimated cost of $1,600.00.

FIRE DISTRICTS-FIRE DEPARTMENTS/REPORTS/RESOLUTIONS

Mr. Chuck Sowers, Fire Coordinator, appeared before the Board to discuss the year end reports from Fire Protection. Mr. Sowers stated that this would be the last year that he would be giving such a report, due to information now being processed through a computer.

Mr. Sowers informed the Board that this year 3,552 calls were received, which was approximately 581 more calls than last year. He stated that there was a total dollar loss of $1,809,925.00

Mr. Sowers discussed the Administrative Services performed in 1987, and stated that, with the starting of the fourth year of fire protection, he has made a pledge to start working on the training aspect of the program. At this time, he introduced Captain Milton Hill, who is working to upgrade the amount of training. Mr. Sowers discussed the classes and training courses offered at Vo-Tech and Lake-Sumter Community College, and stated that Lake County now has 333 State certified firefighters.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved for the proper resolution to be prepared, to be presented by Chief Sowers, to each of the participating fire units within the County, expressing the appreciation of the County Commission, in terms of the dedication of time and effort extended by the volunteers in Lake County, for fire protection.

AGRICULTURAL CENTER

Mr. Terry Cournyea, Lake County Extension Director, appeared before the Board to discuss a proposal, for the Lake County Horticultural Learning Center. This would be a facility dedicated to the evaluation and display of landscape plants and interior ornamentals. Mr. Cournyea stated that the proposal places the development of the property adjacent to the Lake County Agricultural Center and the National Guard Armory now under construction.

Mr. Cournyea stated that he was wanting to get a favorable opinion of the proposal, and approval of the concept, from the Board today.

Commr. Smoak stated that he felt the County should dedicate the property to the Agricultural Center and reserve it, in accordance with the uses sought after by the Agricultural Center. He stated that he would like cost figures to consider, at some point in time.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to designate and reserve for exclusive use, the remaining land west of the Agricultural Center, to the boundary leased to the Armory, for agricultural purposes associated with the Agricultural Center.

Mr. Cournyea stated that there would be personnel requirements and the need for County funds.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request made by Mr. Cournyea, in concept, and directed the County Agent to pursue a proposal, to be presented to the Board of County Commissioners, for the demonstration center, as outlined.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

HEALTH DEPARTMENT

Dr. June Atkinson, Director of the Lake County Public Health Unit, appeared before the Board to discuss an additional facility for the Public Health Department. Dr. Atkinson stated that she had written the Board about acquiring Primary Health Care funds, which would subsequently take Legislative effort to transfer the funds, and utilize it for capital construction, but that the funds could be utilized for renovation, which would include the completion of a shell structure.

Dr. Atkinson requested that the Board consider the construction of a shell structure, with the County Health Unit having the ability to repay the County with a short term lease, in an approximate amount of $80,000.00.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the program, made by Dr. Atkinson, contingent upon the funding being available in the Contingency Fund.

ROAD CLOSINGS - Clermont Area - Petition No 476

BONDS/ROADS - COUNTY AND STATE/SUBDIVISIONS

Mr. Michael C. Willett, County Administrator, informed the Board that Petition No. 476, by Leonard H. Baird, Attorney, Patio Point Subdivision, Clermont Area, would be approved, subject to the subdivision plat being submitted. Mr. Willett recommended approval of the plat and road vacation.

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to vacate that portion of Patio Point Subdivision, Clermont Area, as advertised in Petition No. 476, by Leonard H. Baird, Attorney.

Included in the motion was approval of the request for final approval of Saw Mill Run Subdivision, acceptance of a maintenance bond, in the amount of $2,000.00, and acceptance of a portion of the following road into the County maintenance system: Poinciana Drive (3-0737).

COMMITTEES/EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

ORDINANCES

Ms. Dorie Hostettler appeared before the Board to give a presentation, in relation to the proposed Tree Ordinance. She presented to the Board winning drawings of a "Save A Tree" contest, sponsored by the Lake County Conservation Council.

Ms. Hostettler presented statistics on the value of trees, and stated that Lake County is the only member of the East Central Florida Regional Planning Council that does not have a Tree Ordinance.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

COUNTY PROPERTY/DEEDS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept a 20 acre parcel, in Indianhouse Lake, Section 28, Township 21, Range 25, from Opal Cole.

CONTRACTS, LEASES & AGREEMENTS/PRIVATE INDUSTRY-COUNCIL

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Private Industry Council, for renewal of a lease from May 1, 1988, through April 30, 1991, contingent upon continued receipt of JTPA funding.

ACCOUNTS ALLOWED/VETERANS SERVICE

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Veterans Service, for a $25.00 petty cash fund.

PLANNING DEPARTMENT

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request for the preliminary approval of Wolf Branch Village, Phase I.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests 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 bonds being posted, and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit, or upon the request of the Board of County Comissioners:

Howard Fergeson - Bassville Park Area - District #1

Clenton Meeks - Lake Mack Area - District #5

Included in the motion was approval of the following cancellation of bonds:

Ted Kirkland - Ferndale Area - District #3

William Parsons - Tavares Area - District #3

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept the following right-of-way deeds for Large Lot Waivers:

Wm. W./Susan K. White and John St. Clair and Kathryn White

Nancy W. Steele and Robert E. Pearce

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

Discussion occurred regarding the request to execute a deed (a drainage easement not needed by Lake County and not in use by Lake County) back to John F. Ervin Intervivos Trust.

Mrs. Kathy McDonald, Assistant County Administrator, informed the Board that the request was made from the John F. Ervin Intervivos Trust.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board denied the request for the County to execute a deed back to the John F. Ervin Intervivos Trust, as recommended by Commr. Burhans, Chairman.

Commr. Windram was not present for the vote.

COMMITTEES/PLANNING DEPARTMENT/ORDINANCES

Ms. Pat Leonard, Chairman of the Tree Ordinance Committee, appeared before the Board to discuss the redrawn and revised Tree Ordinance clarifying the form of wording, but leaving the requirements mostly unchanged.

Ms. Leonard stated that the proposed Tree Ordinance would apply only to new construction, such as residential, commercial and industrial. At this time, she discussed the permitting requirements, and the definition of "preferred trees" and "non-preferred trees", in relation to citrus trees.

Commr. Burhans discussed Section 11. Exemptions (e) "Trees located on land zoned, taxed, and used for bonafide agricultural pursuits,....".

Mr. Chris Ford, County Attorney, stated that the statement could be corrected by inserting "taxed, and/or used for....".

Ms. Leonard emphasized the need to plant "hardy" trees, due to the past citrus freezes.

Mr. Michael Szunyog, Director of Planning, appeared before the Board to discuss the administering of the ordinance. Mr. Szunyog stated that a tree survey would have to be submitted with the subdivision plat and site plan, and inspections would be made by the Zoning Department. Mr. Szunyog presented to the Board an example of a tree survey from Orange County.

Commr. Smoak requested the criteria the staff would use to determine the acceptance of a plot plan, and suggested that the definitions be placed in writing. He further stated that an efficient appeal process was needed, with a definitive method developed to answer questions of the public.

Mr. Lou Tally, Attorney, appeared before the Board, to discuss Section 6. Criteria for Issuance of Tree Removal Permit, #(7)

ASSESSMENTS/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

At l0:30 a.m., the Chairman announced that the advertised public hearing on SA-59, Astor, would be postponed for 15 minutes.

PLANNING DEPARTMENT/ORDINANCES (CONT'D.)

Commr. Smoak made a motion, which was seconded by Commr. Bailey to set and properly advertise the proposed Tree Ordinance for a public hearing, May 10, 1988, at 10:00 a.m.

Ms. Dorothy Goodwin, Eustis, appeared before the Board and stated that she lives in Joanna Shores, which has been under a tree ordinance ever since the subdivision was developed, and it has been very successful.

Ms. Pat Myer, Crystal Cove, appeared before the Board in favor of the ordinance, and discussed lightning rods.

Commr. Burhans stated, for the record, that letters were received from the Umatilla Garden Club and the Advisory Committee on Conservation, in support of the Tree Ordinance.

Ms. Ruby Sapp appeared before the Board to express her endorsement of the Tree Ordinance.

Commr. Burhans called for a vote on the motion, which was carried unanimously.

RECESS & REASSEMBLY

At l0:40 a.m., the Chairman announced that the Board would recess for five minutes.

ASSESSMENTS/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

At l0:45 a.m., the Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #59, Astor.

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

Mrs. Kathy McDonald, Assistant County Administrator, informed the Board that numerous calls were received prior to the public hearing, and that a new assessment roll will be processed, with the necessary corrections, to be recorded after Board approval.

Mr. Oscar Taylor appeared before the Board to discuss the special assessment. He stated that he was not opposing the assessment, but was concerned with a problem at the end of Mink Road, which involves the cul-de-sac. Mr. Taylor stated that Mr. Ford, County Attorney, gave an opinion that the easement on the area overruled the deeded sale of contract on that portion of the road. He further stated that he and Mr. Yonce gave to the County an easement deed on the entire section, a 100 square foot cul-de-sac. He stated that Mr. Robert Brown bought a 25 foot portion from the developer in 1985-86.

Mr. Chris Ford, County Attorney, stated that the engineering department can decide where the cul-de-sac will be most appropriate, and that there would be a 70-90% chance, that if there was a lawsuit, the County would win the lawsuit, regarding the 100 foot area, which was clearly dedicated as a road easement for Mink Road.

Mr. Ford presented an explanation of the public records involving the area being described.

Mr. Wade Curtis, Engineering Department, stated that, when the County went out for bid, the County requested the cul-de-sac, without knowing the existence of the problem being discussed. He stated that this is a design-build concept, and the contractor has the discretion, to put in a cul-de-sac or a "T". At this time, the contractor has designed for a cul-de-sac.

Mr. Ford stated that, legally, the cul-de-sac can be placed anywhere, with the easement overriding the title to the land.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board instructed the road department and the successful bidder to construct the road, under normal County standards, utilizing whatever property the County legally has the right to use.

Mr. Robert Cahall, #532 on the assessment roll, appeared before the Board to discuss the County procedures, for payment of assessment costs. He stated that he would have preferred to pay for sewer costs, due to environmental health reasons.

Commr. Burhans informed Mr. Cahall that the people in Astor voted down the sewer item on the ballot.

Mr. Julian Anderson, #424 on the assessment roll, appeared before the Board to discuss the original petitioning, by the residents, for a road assessment, stating that he never was notified or approached by the residents.

Mr. Carlisle Baker, #257 on the assessment roll, appeared before the Board to discuss the County procedures used to develop footage and costs. Mr. Baker stated that he did not feel that the assessments were consistent, due to being the owner of a cul-de-sac lot. He requested that the County review his assessment, with Mrs. Kathy McDonald, Assistant County Administrator, agreeing to do so.

Mr. Cahall addressed the Board, once again, and requested an address of the property owners association in Astor.

Mr. Dennis Osobrook appeared before the Board to discuss the execution of the contract with the road contractors. He also discussed a problem that he had with the County assessing only one side of some property, because the other side of the people's property was already paved and, the property owner did not have to pay to have it done. Mr. Osobrook also indicated a problem with the 12% interest charged by the County, to pay back the assessment.

Mr. Willett informed the Board that Loop Road was paved, with the money being raised by the property owners.

Ms. Pearl McCurry appeared before the Board to discuss the petitions that were signed to have the road assessment. She stated that a lot of people use the road, and everyone should have to pay a portion of the assessment. She also discussed the paving of Loop Road, and the assessment system used by the County.

Mrs. McDonald explained the difference between local and collector roads, and the percentage of the assessment paid by the County.

Mr. William Boettcher, #130 of the assessment roll, appeared before the Board to discuss the transfer of debts, once a piece of property exchanges owners. He also questioned the drainage and the original estimation of assessment costs.

Commr. Carson made a motion, which was seconded by Commr. Bailey, to approve the corrected assessment roll, and award the low bid to Trac Roadbuilders, in the amount of $1,150,939.90.

Ms. Sally Meeks, #192 on the assessment roll, appeared before the Board and stated that she is not the lot owner, as indicated on the assessment roll as #207.

The Chairman called for a vote on the motion, which was carried unanimously.

Mr. Ted Petrovits appeared before the Board and requested that the County present a clear understanding of the procedures used by the County involving the selling of property and the maintenance of the roads, so that the new projects are not misleading to the people.

RECESS & REASSEMBLY

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

ZONING

PUBLIC HEARING-#34-88-3 RM TO PFD Lawrence Benson

Ms. Cecelia BoniEay, Attorney representing the applicant, appeared before the Board, and requested a 30 day continuance. Ms. Bonifay stated that the time will be taken to consider a negotiation between Mr. Benson and Mr. Muras, with Mr. Muras indicating that the homeowners are interested in acquiring the pool, and Mr. Benson being interested in considering the sale of the pool, clubhouse and marina facility. The terms of conditions, which were suggested to Ms. Bonifay, which she would agree to, would be that each property.owner would obtain their own appraisal, with an agreed upon third appraisal, and both parties operating within the three appraisals. She further stated that there is concern with the structure of Mr. Benson's contractual arrangement, as well as his fee structure. Ms. Bonifay stated that she felt that a solution could be achieved without going through rezoning.

Mr. Jerry Muras, President of the Homeowners Association, Imperial Terrace, appeared before the Board and stated that he is ready to buy the pool, but will not be able to do so within 30 days. He stated that the rezoning hearing should be considered today for the land use, with negotiation time, to purchase the pool, postponed until October or November.

Commr. Smoak made a motion, which was seconded by Commr. Carson, to postpone action on this request, at the suggestion of the petitioner and Mr. Muras, until October 11, 1988, or until an earlier time, as both parties agree to make a presentation to the Board.

Mr. Ron Abby, President of the Homeowners Association, East Imperial Terrace, appeared before the Board and stated that, the item before the Board today is rezoning, not a land negotiation. He stated that he is opposed to the request for rezoning, and that the request for a PFD should be discussed today.

Ms. Bonifay stated that, while the Board was considering a land use decision, the request also involves economics. She stated that Mr. Benson has not sold any outside memberships, due to an action taken by Code Enforcement, and requested that Mr. Benson be allowed to renew the existing memberships.

Mr. Loren Reed, Imperial Terrace West, appeared before the Board and stated that he was president of the Homeowners Association in 1985, when the original complaint was filed with the Code Enforcement Board. He stated that this was not an economic issue, but a zoning issue, which should be considered today.

The Chairman called for a vote on the issue, which was carried, with Commr. Burhans and Commr. Windram voting "no".

RECESS & REASSEMBLY

At 2:25 p.m., the Chairman announced that the Board would recess for five minutes.

ZONING (CONT'D.)

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

Postponement

#9-85B-4 Margaret Cammack May 10, 1988

Withdrawal

#32-88-4 Robert Vason

PUBLIC HEARING CUP#87/1/2-4A AMEND CUP #87/l/2-4

L. J. Norman (Theophilus, Inc.)

Mr. David Clapsaddle, Director of Development Coordination, addressed the Board and stated that the Planning and Zoning Commission originally recommended denial of the request to amend CUP#87/1/2-4, to permit a portable soil cement plant, and a grove caretaking and maintenance business. Mr. Clapsaddle stated that the Board approved last month to deny the request, with a three to two vote, and then a five to zero vote to postpone the case until today, because the petitioner did not have an opportunity to offer a rebuttal.

Mr. Chris Ford, County Attorney, informed the Board that, it is not technically under Roberts Rule, because the Board has never formally adopted it. Mr. Ford stated that, once the rebuttal is offered today, the Board has the right to reconsider its previous decision and vote again.

Mr. Buzz Bowen, Attorney representing the applicant, appeared before the Board and presented a rebuttal. At this time Mr. Bowen submitted to each member of the Board current and updated material regarding the dust level and noise level prepared by engineers. At this time, Mr. Bowen stated that he would argue misrepresentation previously given by the other side.

Mr. Bowen discussed the requirements under the existing CUP, and stated that Mr. Norman is not in violation of any of the conditions. He further stated that a reclamation bond is on file with the County. Mr. Bowen stated that the pug mill is consistent with the present use, and would only speed up the current process being used. It is not an expansion of the use.

Mr. Bowen discussed the arguments being made regarding the removal of rolling hills and increased truck traffic. The removal of the rolling hills is permitted under the present use, and approximately 20 trucking companies utilize Wolf Branch Road. He stated that the arguments previously made were strictly against the existence of the operation, with no valid argument being made for a pug mill. He stated that Mr. Norman has offered to post a Performance Bond to cover any damage to Wolf Branch Road.

Mr. Bowen stated that the County has already granted several CUP'S, similar in nature to Mr. Norman's, with several of the applicants returning to request a pug mill, which were unanimously approved by the Board.

Mr. Bowen stated that, under the CUP conditions, there is a requirement that the County review the CUP every three years. Mr. Bowen placed on record Mr. Norman's feelings that there will be development, in this area, within one year.

Mr. Bowen stated that the other issue being discussed was the land clearing operation, because Mr. Norman already has the equipment on the property. He suggested that a condition be developed where additional equipment could not be placed on the property.

Mr. Clapsaddle stated that the County has the reclamation plan from Mr. Norman, but the Letter of Credit needs to be replaced.

Mr. Ford informed the Board that a motion needed to be placed on the floor by one of the members, who had made the prior motion, to reconsider previous action taken by the Board.

At this time, a motion was not presented, with the previous Board action standing, on a three to two vote, for denial of the request.

PUBLIC HEARING #29-88-5 A to CP or C-2 Lester G. Schott

c/o Lake Dorr Sports Club

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning, from A (Agricultural) to CP (Planned Commercial) or C-2 (Community Commercial), for a mobile home and RV sales lot and a convenience store.

PUBLIC HEARING #27-88-5 A to RE John M. Kennedy

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from A (Agricultural) to RE (Rural Estates), to permit 30,000 square foot lots.

PUBLIC HEARING #35-88-5 A to ER Wanda Machamer

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from A (Agricultural) to ER (Estates Residential), to permit single family lots with a minimum of 22,000 square feet.

PUBLIC HEARING #38-88-l A to R-1-15 Steve Donahue

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from A (Agricultural) to RE (Rural Estates).

PUBLIC HEARING #28-88-2 A to RMRP Marilyn J. Langley

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

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from A (Agricultural) to RMRP (Mobile Home Rental Residential District), for a rental mobile home park.

PUBLIC HEARING #30-88-2 A to CP Clair K. Klinger

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from A (Agricultural) to CP (Planned Commercial), for aircraft sales, refurbishing and parts sales.

PUBLIC HEARING #37-88-4 A to C P Lena M. Law

Mr. Glen Tyre, representing the applicant, appeared before the Board to oppose the denial of the request. He stated that Mr. Craig Butterfield has agreed to sign the contract, for the sale of property, contingent upon the approval of rezoning. He stated that Mr. Butterfield has submitted a site plan showing his specific use for the south half of the 9.11 acres. Mr. Tyre stated that the request was for CP zoning on all of the property, with Mr. Butterfield coming back with his proposal, with his specific use of the north half of acreage. He further stated that Sheriff Noel E. Griffin, Jr., has indicated no objections to the request for rezoning.

Mrs. Renee Roberts, owner of the property one-quarter of a mile from the property in question, appeared before the Board in approval of the recommendation for denial. Mrs. Roberts discussed her concerns, which related to the traffic conditions and the devaluation of her property. She was also concerned with the future usage of the north acreage.

Commr. Carson stated that he had received a phone call from Sheriff Griffin indicating that his family owns land on three sides of the property in question, and therefore, had no objections to overturning the decision for denial.

Commr. Carson made a motion to overturn the recommendation of the Planning and Zoning Commission for denial, which he then withdrew from the floor, due to information being discussed and incomplete.

Commr. Windram recommended that a 30 day postponement be approved by the Board, in order for complete information to be given to everyone involved.

Mr. David Clapsaddle, Director of Development Coordination, presented an explanation of the recommendation offered by the Planning and Zoning Commission, stating that the north side of the site plan was blank. Mr. Clapsaddle stated that a new site plan was presented the day of the Planning and Zoning Commission meeting, without the Commission having a chance to review it. Mr. Clapsaddle requested postponement of the request, at this time.

Discussion occurred regarding the property owned by Sheriff Griffin and his family.

Mr. Tyre stated that, if the Board would consider the entire acreage for rezoning, he would request a postponement of the request. He stated that the applicant would meet any requirements felt necessary by the County.

Ms. Louie Endinger appeared before the Board and stated that the notice that she received was incorrect, as far as the utilization of the property. She expressed concerns with the traffic in the area and the safety of the children.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved a 30 day postponement, until May 10, 1988, as recommended by the staff, in order for complete information to be received and reviewed.

PUBLIC HEARING #36-88-4 A to PFD Theodore R. Strawn

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from A (Agricultural) to PFD (Public Facilities District), for a public school.

PUBLIC HEARING #33-88-l C-2 to CP Thomas P. Line

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from C-2 (Community Commercial) to CP (Planned Commercial), for a business/warehouse/storage.

Commr. Windram was not present for the vote.

PUBLIC HEARING #26-88-l C-1 to CP Ralph W. Weeks and J. Glenn Wright

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from C-l (Rural or Tourist Commercial) to CP (Planned Commercial), for a gas station/food store.

PUBLIC HEARING #31-88-l R-l-7 to CP Ann Isaacs

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from R-l-7 (Urban Residential) to CP (Planned Commercial), to place a used car lot on the site.

PUBLIC HEARING #185-85A-2 Extension of PUD Brian J. Lee

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

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request, for a one year extension of the approved preliminary development plan for PUD ORD #87-85.

PUBLIC HEARING #39-88-4 PUD to CP Mrs. Nils Schweizer

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from PUD (Planned Unit Development) to CP (Planned Commercial), for a commercial corporate office for a car leasing company.

PUBLIC HEARING #40-88-5 A to RMRP Grand Island Nurseries

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from A (Agricultural) to RMRP (Mobile Home Rental Park Residential), to permit a mobile home rental park.

PUBLIC HEARING #41-88-5 A to CP Grand Island Nurseries, Inc.

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from A (Agricultural) to CP (Planned Commercial), for commercial uses, a convenience store, and professional offices.

PUBLIC HEARING #20-88-4 Amend CP Fred A. Smith

Mr. and Mrs. Fred Smith were present to discuss the rezoning request.

Commr. Windram stated his concerns involving the traffic and parking on the shoulder of the road.

Mr. David Clapsaddle, Director of Development Coordination, stated that the staff did receive an amended site plan with parking. He stated that the request was once postponed, in order for the applicant to acquire more land to meet the parking requirements.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request, to amend CP ORD #44-82, to add an antique auction and retail sales store, with the amendment that the auction hours shall be from 1:00 p.m. to 6:00 p.m. Sunday, and are only to be held once a month.

PUBLIC HEARING CUP#88/2/6-3 CUP in A Anthony Hicks

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

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request, for a CUP in A (Agricultural), for microjet irrigation supplied by Conserv II, an Orange County project for citrus groves.

PUBLIC HEARING #44-88-3 A to RE Gerald R. Eulett

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

Commr . Smoak stated for the record that he is an adjacent property owner, and declared a conflict of interest.

On a motion by Commr. Bailey, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning, from A (Agricultural) to RE (Rural Estates), to create a subdivision of 30,000 square foot lots.

PUBLIC WORKS/SUBDIVISIONS

Commr. Smoak stated that he had received a request from the President of the Homeowners Association, at East Lake Harris Shores, for the County to investigate the possible need for a caution light, a no passing zone, or a lower speed limit. He requested that Mr. Ben Benedum, Director of Public Works, review the roads in the park, and report back to the Board, whether or not the light is necessary.

SHERIFF'S DEPARTMENT/SUBDIVISIONS

Commr. Burhans directed the letter received from Sheriff Noel E. Griffin, Jr., regarding the request from the residents of Haselton Village, for the County to erect a guard rail along 19A, to the County Engineer, for his recommendation.

PLANNING DEPARTMENT/ROADS-COUNTY AND STATE

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the maintenance map for Lightfoot Road, as recommended by Mr. Michael C. Willett, County Administrator.

Commr. Bailey was not present for the vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:50 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/4-15-88