The Lake County Board of County Commissioners met in regular session on Tuesday, September 13, 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.; 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 K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.
MINUTES
On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board approved the Minutes of September 6, 1988, as presented.
Commr. Smoak was not present for the discussion or the vote.
BONDS - CONTRACTOR
On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board approved the following Contractor Bonds:
NEW
1950-89 Richard L. Gerth (Building)
1985-89 Gordon Sellers (Mechanical)
4245-89 James W. Spencer dba J & R Signs (Sign Electrical)
4341-89 Ralph Carley dba Ralph G. Carley Aluminum
Construction (Aluminum)
4635-88 Robert A. Hollins (Heating & Air Conditioning)
4636-88 Ricky David Stitt dba D & K Plumbing, Inc. (Plumbing)
4637-88 Freeman Electric Co., Inc. (Electric Signs)
4638-89 Randall Denny (Electrical)
4639-89 George S. Anderson, Jr. (Class C Building)
4640-88 David McBride (Residential Contractor)
4641-88 Andrew Brown dba ARC Electric (Electrical)
4642-89 Robert W. Gay (Roofing)
4643-89 Century Electric Service Company, Inc. (Electrical)
Commr. Smoak was not present for the discussion or the vote.
ACCOUNTS ALLOWED/ASSESSMENTS/SUBDIVISIONS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens:
Country Club View
Frederick V. & Jeanne T. Benjamin $1,591.34
Eustis Heights
Susan M. Martin $ 291.69
Sorrento Village
Walter E. & Susan K. Timm $2,666.53
LaPlace Court
Ronald H. & Margaret H. Champman $2,696.10
Joseph F. & Rose Costello
Willard C. & Candler Beane 2,696.10
Eugene C. & Ruth LaJeunesse 2,696.10
Eugene C. & Ruth LaJeunesse 2,287.60
Larry R. & Deborah K. King 2,696.10
Mt. Plymouth
Carolyn Berowski & Carole Anne McNair $ 467.03
Carolyn Berowski & Carole Anne McNair 467.03
Carolyn Berowski & Carole Anne McNair 868.76
Floyd V. Newton 558.48
John Franklin Gravely 799.50
Paul W. Hackett 466.80
Richard W. Moss 474.16
Richard W. Moss 948.32
Rose Bingham 470.13
Rose Bingham 470.13
Floyd V. Newton 464.63
Floyd V. Newton 464.63
Floyd V. Newton 464.63
Floyd V. Newton 464.63
Floyd V. Newton 593.80
John Franklin Gravely 146.83
William Wilbarger 459.99
Commr. Smoak was not present for the discussion or the vote.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the request dated September 6, 1988, from Sheriff Noel E. Griffin, Jr., for monies to be paid to the Lake County Area Vo-Tech Center, in the amount of $455.00, for In-Service Training School.
Commr. Smoak was not present for the discussion or the vote.
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR/JAILS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the request to have Professional Engineering Consultants, Inc., complete the survey requirements, for the Criminal Justice Facility, at a total cost of $21,415.00.
Commr. Smoak was not present for the discussion or the vote.
ACCOUNTS ALLOWED/COMMITTEES/CONTRACTS LEASES & AGREEMENTS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the request for signature on the agreement with the Industrial Development Commission of Mid-Florida, Inc., for fiscal year 1988-89, in the amount of $100,000.00.
Commr. Smoak was not present for the discussion or the vote.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
ENVIRONMENTAL SERVICES/LANDFILLS
Mr. Don Findell, Director of Environmental Services, informed the Board that Mr. David Dean and Mr. Bill Simpson, from Post, Buckley, Schuh and Jernigan, Inc. (PBSJ), were available to answer any questions the Board may have regarding the contract.
Commr. Windram stated that he had a conversation with Mr. Simpson the day before, and had checked some references on his own, from which he received favorable recommendations for PBSJ; and he was assured that PBSJ has very competent persons employed on their staff, and that any concerns he had in the past have been resolved.
Commr. Smoak stated that he would like the record to reflect that he felt that the people preivously assigned to this job, by PBSJ, were competent. He added that the opinion of the Board, to change the people assigned to the job, was not unanimous.
On a motion by Commr. Windram, seconded by Bailey and carried unanimously, the Board approved the request for signatures on the Solid Waste Management Consulting Services Contract, with Post, Buckley, Schuh and Jernigan, Inc., at a cost not to exceed $698,000.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
FIRE PROTECTION/MUNICIPALITIES
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request for signature on the contract with the City of Groveland, in the amount of $12,000.00, to furnish certain unincorporated areas outside the city limits, with Fire Protection.
ACCOUNTS ALLOWED/FIRE PROTECTION
Mr. Chuck Sowers, Fire Coordinator, appeared before the Board to discuss the request from the Bassville Fire District, to purchase a 200 gallon Stainless Steel Skid Tank, at an estimated cost of $2,550.00.
The Board felt that the cost was too high, and requested Mr. Sowers to investigate the reason, and to come back to the Board at a later date.
ACCOUNTS ALLOWED/FIRE PROTECTION
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Okahumpka/Yalaha Volunteer Fire Department, to reimburse Dean Gessner, in the amount of $213.00, upon successful completion of Private Fire Protection, Building Construction and Codes, and Fire Apparatus Practices Courses, at Lake Sumter Community College.
ACCOUNTS ALLOWED/FIRE PROTECTION
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request from the Pasco Fire District, for tuition reimbursement to Judy Crippen, Joe Berry, and J. B. Blackwell, in the amount of $264.00, each, for successful completion of four fire related classes, at Lake Sumter Community College.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
HEALTH DEPARTMENT/MUNICIPALITIES
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signature on the contract with John Dickerson, Architect, for an office building, for the Lake County Public Health Unit, to be located in Umatilla, in an amount not to exceed $15,600.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request for the renewal of the Amended Section 8 Annual Contributions Contract, with the U.S. Department of Housing and Urban Development, extending the term of the contract for two years, and increasing the annual contract authority, from $314,076.00 to $410,904.00.
APPOINTMENTS-RESIGNATIONS/PUBLIC HEALTH
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried, the Board approved the request for the appointment of Jane N. O'Steen to replace James Hollins, on the District III Mental Health Planning Council, for a two year term beginning August 9, 1988, and expiring August 30, 1990.
The Board included in the motion the direction of a letter of appreciation to Mr. Hollins.
Commr. Windram was not present for the discussion or the vote.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Lake Sumter Community Mental Health Center, for signature on the lease renewal, for property located at 112 Sinclair Avenue, Tavares, in the amount of $1.00 per year.
ACCOUNTS ALLOWED/GRANTS/PUBLIC HEALTH
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Emergency Medical Services, to purchase two Portable Cardiac Monitor/Defibrillators, and one Hydraulic Extrication Tool Set, at a total cost of $14,539.00, from the EMS Grant Award.
PERSONNEL/RESOLUTIONS
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request to adopt a resolution honoring the 15 year employee, Donnie Womack.
ACCOUNTS ALLOWED/BUILDING DEPARTMENT
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request for Jack Bragg to attend the Southern Building Code Congress International Conference, in Charleston, South Carolina, on October 22-28, 1988, at an approximate cost of $630.65.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/ORDINANCES
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the appointment of Warren Harris to replace Danny McWhorter, on the Landscape Ordinance Committee.
PLANNING & DEVELOPMENT/SUBDIVISIONS
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a 60-day extension, to record the Vistas Subdivision, Phase I.
BONDS - MOBILE HOME
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request for Dale Jergens, Altoona Area, District #5, to live 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 Commissioners.
ASSESSMENTS/SUBDIVISIONS
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request for an amended assessment roll, for SA-53, Mt. Plymouth Subdivision, to correct a legal description.
DEEDS/ROADS-COUNTY & STATE/STATE AGENCIES
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request to release the following road reservation from the Department of Transportation Murphy Act Deed:
#l028 33 Feet from Centerline Lucille Deems, et al
per City of Leesburg
COMMISSIONERS/COUNTY ADMINISTRATOR
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board directed Mrs. Kathy McDonald, Assistant County Administrator, to prepare a package for the Board meetings, consisting of the necessary agendas and backup material, for each of the candidates seeking election to the County Commission: and set up an orientation program, for the newly elected Commissioners, introducing them to the department heads in the County, and outlining procedures for the Board meetings.
RECESS & REASSEMBLY
At 9:30 a.m. the Chairman announced that the Board would recess until 10:00 a.m., for the scheduled public hearing.
COMMITTEES/ORDINANCES
At 10:00 a.m., the Chairman announced that the scheduled time had arrived for the public hearing regarding the proposed Tourist Development Tax Ordinance.
It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.
Mr. Bob Beucher, Tourist Development Council, appeared before the Board stating that his understanding of the Tourist Development Tax was to promote and encourage tourism in Lake County. He then referred to the report, which was prepared for the Expo/Civic Center by Glatting, Lopez, Kercher and Anglin, Inc., which he interpreted as concluding that the Civic Center will not encourage tourism. He stated that he feels the County needs to restudy the uses for the Tourist Development Tax.
Mr. Don Muncy, Tourist Development Council and General Manager of Clerbrook Resort, appeared before the Board and stated that the County needs to reevaluate the uses for the Tourist Development Tax, and that the tax should be used for the development of tourism, such as advertising, to bring the tourists to Lake County. He felt that a Tourist Information Center, in the area of Highway 19/27 and the turnpike, would be a good project to use a portion of the tax.
Mr. Bob Swarthmore, Leesburg Chamber of Commerce, informed the Board that the Chamber is willing to work with the County, in any way possible, to develop a Tourist Information Center.
Mr. Joe Holmes, Tourist Development Council, appeared before the Board and stated that he feels the County should not spend all of the money on building.
Mr. Hal Turville, Tourist Development Council, appeared before the Board to offer his comments regarding uses for the tax.
Mr. Michael Hyams, Marketing Director for the Highlander and President of the Lake County Hotel/Motel Association, appeared before the Board and stated that the Board should not eliminate their options, for the uses of the money.
Commr. Smoak informed the audience that, in reaffirming this ordinance today, the Board is not setting a timetable on the use of the Tourist Development Tax funds.
Mr. Chris Ford, County Attorney, stated that the Board may want to change the wording in "a." of the proposed ordinance to add "...and for advertising that encourages the use of tourist facilities in Lake County".
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board postponed the passage of the ordinance today, and referred the ordinance to the Tourist Development Council for their inspection and review, and that the ordinance not be readvertised for public hearing, until the Tourist Development Council has completed their review.
RECESS & REASSEMBLY
At 10:55 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m., for rezoning.
ACCOUNTS ALLOWED/INSURANCE
Mr. James C. Watkins, Clerk, presented to the Board the 1988-1989 Schedule of Insurance, and recommended that the Board approve the renewals with the present companies. It was noted that next year the County will advertise for bids from other companies, which is done every five years. He stated that the only increases in premium, were due to increases in value. He also informed the Board, that the County now has the opportunity to review the Florida Municipal Self-Insurers Fund's new Large Member Rating Plan, which is offered as an option to the League's conventional guaranteed cost program, and will save the County money, because of their outstanding loss record.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the proper signature on the 1988-1989 Schedule of Insurance, as presented by Mr. James C. Watkins, Clerk.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the postponement of the following cases:
#157-88-2 Frank Muscarella, Jr. November 8, 1988
#16-88-4 Mt. Dora Springs Dev. October 11, 1988
#115-88-l Eloise P. Morris November 8, 1988
PUBLIC HEARING #106-88-3 AR to PUD William K. Stratford
No one present wished to discuss this request with the Board.
Mr. David Clapsaddle, Director of Development Coordination, informed the Board that the applicant had originally requested R-1-15 zoning, and that on July 12, 1988, the Board of County Commissioners postponed action, in order for the applicant to file a PUD zoning, in lieu of the R-1-15, which the applicant has completed.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from AR (Agricultural Residential) to PUD (Planned Unit Development), to subdivide into residential lots.
PUBLIC HEARING #122-88-2 A to LM or MP Kenneth & Faye Hyatt
Mr. Clapsaddle informed the Board that on August 9, 1988, the Board of County Commissioners postponed action on this case until this date.
Mr. William Asma, Attorney for Mr. and Mrs. Gibson, the owners of 3-Star Corporation, appeared before the Board on their behalf. He explained to the Board that his client's business is a distribution center for produce and packaged meats, which are delivered onto the premises and kept temporarily in a "cooler room"; then the goods are picked up by other trucks and sent to various destinations. He stated that his client's are in the process of purchasing the property from the Hyatt's, who are the present owners of the property.
Mr. Asma stated that his client feels the zoning should be granted for the following reasons: the geographical location of the property; the company employs 14 people; and the support from some of the adjoining property owners.
Mrs. Blackburn, who owns 15 acres on the east side of the property, appeared before the Board in support of the company and their request for rezoning.
Mr. and Mrs. Grimes, who live next to the property, appeared before the Board in favor of the request, and stated that the company is an asset to the area.
Mrs. Williams, who owns property behind the company, appeared before the Board in favor of the request.
Mr. Kenneth Hyatt, current owner of the property, appeared before the Board and stated that he had previously operated a packing house and cucumber factory on the site. He also stated that there is less activity now on the property, than when he was in operation.
Mr. Mike Wemette, who lives across the street from the property, appeared before the Board in opposition to the request for rezoning.
Mrs. Agnes Horne and Mrs. Ann Keller, who each own property accross from the site, stated their reasons for opposition to the rezoning, which are the noise and the hazards.
Mr. Leo Vaughn, Code Administrator, stated that the County has received numerous complaints about the noise, and that the corporation has been cited for not having a business occupational license by the Code Enforcement Board.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied, with prejudice, the request Eor rezoning from A (Agricultural) to LM (Light Manufacturing), or MP (Planned Industrial), to formalize existing use of property, as a trucking terminal, refrigerated storage and truck repair.
PUBLIC HEARING CUP#88/8/4-5 CUP in LM H.O. Williams/
South Forty Business Center
No one present wished to discuss this 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 CUP in LM (Light Manufacturing), for a mobile home Ear a caretaker's residence.
PUBLIC HEARING #134-88-5 A to RM Richard 0. Peterson
No one present wished to discuss this 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 rezoning from A (Agricultural) to RM (Mobile Home Residential), to place a second mobile home on the property.
PUBLIC HEARING CUP#88/8/2-4 CUP in A Kenneth & Margaret Green
No one present wished to discuss this 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 an additional mobile home for a caretaker's residence.
PUBLIC HEARING #146-88-4 RR to CP John & Lillian Hendrix
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, 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 RR (Rural Residential) to CP (Planned Commercial), for a hardware store.
PUBLIC HEARING CUP#88/8/5-4 CUP in A Thomas L. Weems
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak 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 an aluminum can recycling business.
PUBLIC HEARING #156-88-5 Amend CUP#264B-4 and rezone from A to
PPO Mid-Fla at Eustis Inc.
Mr. Dean VanLandingham and Mr. Newell Cook, residents in the area, appeared before the Board to state their objections to the rezoning request and their concerns for the ecology of the surrounding lakes.
Considerable discussion occurred regarding the uses, which the residents are concerned could be allowed, if the zoning is passed.
Mr. Clapsaddle stated that the property will remain in compliance with the current Zoning Ordinance, and that the exact conditions which are currently allowed, will remain in effect.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#264B-4 to delete land and rezone from A (Agricultural) to PFD (Public Facilities District), for an airport and related uses and a single-family residence.
PUBLIC HEARING #138-88-4 RR to RE Wayne & Jo Ann Clemmer
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, 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 RR (Rural Residential) to RE (Rural Estate), to create two one-acre lots.
PUBLIC HEARING #140-88-4 PFD to R-l-7 Jerry & Patricia
Childers, et al
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, 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 PFD (Public Facilities District) to R-l-7 (Urban Residential), to use the site for residential purposes.
PUBLIC HEARING #153-88-4 RR & C-l to CP ,Jett & Sandra
Riley/Lake Chysler-Plymouth-Dodge, Inc.
Mrs. Cecilia Bonifay, Attorney representing the applicants, appeared before the Board to clarify the conditions of the buffer.
Mr. Larry Semento, Attorney for Lake Chrysler-Plymouth-Dodge, Inc., appeared before the Board to inform them that the trucks will normally only deliver during the daylight hours.
On a motion by Commr. Windram, 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 RR (Rural Residential) and C-l (Rural or Tourist Commercial), to CP (Planned Commercial), including the conditions as recommended, such as a vegetative buffer reaching a height of 5 feet within one year, and the hours of deliveries, for a car dealership and service.
PUBLIC HEARING #147-88-3 A to PFD Hill Tops Land Tr.
Lake Hospice, Inc.
No one present wished to discuss this 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 rezoning from A (Agricultural) to PFD (Public Facilities District), to build an office and future patient care center for Lake Hospice.
PUBLIC HEARING #154-88-3 A to MP with M-l John W. Freeman
No one present wished to discuss this 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 rezoning from A (Agricultural) to MP (Planned Industrial), with M-l (Heavy Industrial) uses, excluding auto graveyards and truck terminals, as amended, for light industry, steel fabrication, carpentry, auto body,r repair, etc.
PUBLIC HEARING CUP#88/8/1-3 CUP in RMRP Dennis & Patricia
Wilson
No one present wished to discuss this 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 RMRP (Mobile Home Rental Park Residential), to bring the existing marina and conventional home into compliance.
PUBLIC HEARING #161-88-3 A to PFD Cuyler L. Lanier
No one present wished to discuss this 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 rezoning, as amended, from A (Agricultural) to PFD (Public Facilities District), to operate cablevision towers and satellite disks.
PUBLIC HEARING #159-88-3 A to R-1-15 Wekowa Groves, Inc.
No one present wished to discuss this 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 denied the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates), for a residential development.
PUBLIC HEARING #141-88-3 Amend CP Ord. #31-84 Gary I. Sharps/
Edward A. Bridges
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CP Ord. #31-84, for a take-out barbeque business.
PUBLIC HEARING #143-88-3 RR & CUP#277A-3 to PFD Florida
Georgia District Lutheran Church
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend RR & CUP#277A-3 to delete land, and rezone from RR (Rural Residential) to PFD (Public Facilities District), to build a church for the local congregation.
PUBLIC HEARING #142-88-3 RE to R-1-15 Forrest McPherson/
Bob Harrell Properties, Inc.
Mr. Terry Hill, Attorney representing the applicant, appeared before the Board to speak against the Planning and Zoning Commission recommendation of denial.
Mr. and Mrs. Johnny Hamilton, residents in the area, appeared before the Board to speak, on behalf of themselves and their neighbors, in favor of the denial.
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 denied the request for rezoning from RE (Rural Estates) to R-l-15 (Residential Estates), for a residential development.
PUBLIC HEARING #145-88-2 A to RR Robert J. Maguire, et al
No one present wished to discuss this 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 RR (Rural Residential), for a residential development of one acre lots.
PUBLIC HEARING #149-88-2 R-l-7 to CP Mark Stowers
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial), for a workshop, storage and restoration of classic vehicles.
Commr. Windram was not present for the discussion or the vote.
PUBLIC HEARING #139-88-2 Revoke A & CUP#602-2 and rezone
from A to ER & RR Louis R. Seybold
Mr. Louis Seybold, applicant, appeared before the Board to object to the recommendation of denial by the Planning and Zoning Commission.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request to revoke A & CUP#602-2, and rezone from A (Agricultural) to ER (Estate Residential), with amendments that the back of the property be ER (Estate Residential) and the lakefront be RR (Rural Residential), for a residential development.
PUBLIC HEARING # 16 0-88-2 A to R-1-5 Lena Lewis
Ms. Debbie Hall, representing the applicant, appeared before the Board 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 R-l-5 (Mobile or Mixed Residential), to place a mobile home on the property for a member of the family to care for the owner.
PUBLIC HEARING #135-88-l R-l-7 to PFD Mt. Olive Baptist
Church
No one present wished to discuss this 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 rezoning from R-l-7 (Urban Residential) to PFD (Public Facilities District), for an existing church and proposed building for classrooms.
PUBLIC HEARING #136-88-2 A to MP Wendell G. Cook
No one present wished to discuss this 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 MP (Planned Industrial), for boat manufacturing and existing wholesale ornamental.
PUBLIC HEARING #133-88-2 A to RR Douglas Mishoe
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to remove a mobile home and to build a single-family residence home.
Commr. Smoak was not present for the discussion or the vote.
PUBLIC HEARING #150-88-l R-l-7 to UP Donna Roberts
No one present wished to discuss this 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 R-l-7 (Urban Residential) to RP (Residential Professional), for a duplex, triplex.
PUBLIC HEARING #152-88-3 A to PFD Sunshine State
Christian Home
No one present wished to discuss this 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 rezoning from A (Agricultural) to PFD (Public Facilities District), for a congregate living care center.
PUBLIC HEARING #144-88-l Revoke RR & CUP#537-1 and rezone
from RR to PFD Holy Trinity Episcopal Church
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for revocation of RR & CIJP#537-1 and rezoning from RR (Rural Residential) to PFD (Public Facilities District), to add buildings to an existing church.
PUBLIC HEARING CUP#88/8/3-1 CUP in A Donald P. Montgomery
No one present wished to discuss this 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 a mobile home for a caretaker's residence.
PUBLIC HEARING #137-88-5 AR to A John & Judith Haag
No one present wished to discuss this 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 AR (Agricultural Residential) to A (Agricultural), to permit a mobile home to be placed on the property.
PUBLIC HEARING #151-88-5 RR to RMRP Ross Van Dellen
Mr. John Burrows, who owns and operates a hog farm behind the property, appeared before the Board to state his objections to the rezoning. He was concerned that the residents of the mobile home park would complain about his hog farm. He stated that, other than this concern, he was not opposed to the rezoning.
It was recommended that the staff notify Mr. Van Dellen, of the action taken by the Board, and indicate, in writing, that there is an existing hog farm, which adjoins the property, and make sure the potential residents are aware of it.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to RMRP (Mobile Home Residential Professional), for a Mobile Home Park.
Commr. Windram voted "No".
PUBLIC HEARING #158-88-S C-l to CP Robert C. Grisby
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, 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 satellite systems and service.
PUBLIC HEARING #148x88-2 RR to PUD Thomas S, Erwin/
Citrus Pointe
Mr. J. W. Davis, Durden & Associates, Inc., representing the applicant, appeared before the Board to state the reasons for his objection to the Planning and Zoning Commission's recommendation of denial, because he feels that the proposed use is compatible with the emerging development of the Howey-in-the-Hills area, and is in conformance with the County's comprehensive plan.
Mr. Gary Summers, Attorney, representing Mrs. Virginia Owings, appeared before the Board to discuss his client's opposition to the request for rezoning and support of denial.
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 denied the request for rezoning from RR (Rural Residential) to PUD (Planned Unit Development), for a residential planned unit development.
PUBLIC HEARING #128-88-4 C-1 & RR to CP G. J. R. Investments/
Danny Len Buick Pontiac, Inc.
Mrs. Cecilia Bonifay, Attorney, representing the applicant, appeared before the Board to clarify the conditions of the rezoning.
On a motion by Commr. Windram, 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) and RR (Rural Residential), to CP (Planned Commercial), for a car dealership and paint and body shop.
PUBLIC HEARING #129-88-l RR to RE John Shegas
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to RE (Rural Estates), to develop residential dwelling units.
PUBLIC HEARING #135-84-2 Amend PUD Ord #66-84 PennBrooke,
Ltd.
Commr. Bailey made a motion to uphold the recommendation of the Planning and Zoning Commission and approve the request to amend PUD Ord. #66-84, to replace RV's with mobile homes, and a variance of Sec. 696.5 (c) of the Lake County Zoning Regulations, as amended.
The motion died for the lack of a second.
Mr. Dan Robuck, Attorney, representing the applicant, appeared before the Board to discuss the request, which is allowing the units to be five feet longer than the existing units.
Commr. Smoak made a motion to overturn the recommendation of the Planning and Zoning Commission and to deny the request without prejudice, and to request the staff to prepare, in draft form, revisions to the Zoning Regulations, and to inform the Board of their recommendations, and that the draft form be acted upon with the Board's input.
The motion died for the lack of a second.
Commr. Bailey made a motion, which was seconded by Commr. Windram, to uphold the recommendation of the Planning and Zoning Commission and to approve the request, as stated.
Commr. Smoak and Commr. Burhans voted "No".
The motion failed to pass.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved to reconsider the action just taken.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved to postpone action of the request to amend PUD Ord. #66-84, to replace RV's with mobile homes, and a variance of Sec. 696.5 (c) of the Lake County Zoning Regulations - PUD Ord., for 60 days.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:30 p.m.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
LS/9-16-88