The Property Appraisal Adjustment Board met on on Tuesday, October 17, 1989, at 8:55 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Members present at the meeting were: Commr. C. W. "Chick" Gregg, Chairman; Commr. Richard Swartz; and C. A. "Chip" Deems, Lake County School Board. Others present were: Annette Star Lustgarten, County Attorney; and Linda Springston, Deputy Clerk.
MINUTES/PROPERTY APPRAISER
On a motion by Mr. Deems, seconded by Commr. Swartz and carried unanimously, the Property Appraisal Adjustment Board approved the Property Appraisal Adjustment Board Minutes of September 25, 1989, and September 26, 1989, as presented.
PROPERTY APPRAISER - HOMESTEAD EXEMPTIONS & PETITIONS
On a motion by Commr. Swartz, seconded by Mr. Deems and carried unanimously, the Property Appraisal Adjustment Board approved to accept the written and verbal withdrawals for those who had been denied Homestead Exemption and to accept the written and verbal withdrawals of petitions to the Property Appraisal Adjustment Board approved through the Property Appraiser, as follows:
HOMESTEADS
Arnold L. Bell, 1989-8
Robert Edward O'Brien, 1989-84
Albert J. Rohe, 1989-93
Elsa F. Ask, 1989-243
Phyllis Marie Gaines, 1989-291
Joe Buckley Schultz, 1989-384
Sallie J. Clarke, 1989-429
Rosa Simmons, 1989-491
Michael & Sandra Armbruster, 1989-508
PETITIONS
Mary Jane W. Wilbanks, 1989-534 Robert C. & Pauline G.
Elzie 0. Birge, 1989-547 Gochenour, 1989-605
John W. Haldeman, 1989-549 Paul F. David, 1989-606
Ruth W. Goodier, Trustee, 1989-550 Mary C. Winter, 1989-610
R. A. & Jewel Wingate, 1989-556 David R. Balter, 1989-611
Devane Mason, 1989-561 Robert Micheli, 1989-612
Devane Mason, 1989-562 Steven W. Sattizahn,
Devane Mason, 1989-563 1989-613
Devane Mason, 1989-564 Steven W. Sattizahn,
Devane Mason, 1989-565 1989-614
Devane Mason, 1989-566 Steven W. Sattizahn,
Devane Mason, 1989-567 1989-615
Devane Mason, 1989-568 Steven W. Sattizahn,
Devane Mason, 1989-569 1989-616
Warren F. Dearborn, 1989-570 Charles M. Harvey, 1989-619
Warren F. Dearborn, 1989-571 Hildegard Sender, 1989-620
Devane Mason, 1989-572 Hildegard Sender, 1989-621
Devane Mason, 1989-573
James B. Locken, 1989-577 Hildegard Sender, 1989-623
William W. O'Cain, Sr., 1989-580 Edward Mitenius, 1989-628
J. Robert Mahon, 1989-581 Ralph J. Custar, 1989-629
Gary B. & Virginia M. Pinder, 1989-583 George A. & Laura J.
Claude L. & Nellie B. Slager, 1989-584 McCabe, 1989-630
Robert Cuillo, 1989-585 Leo E. Varian, 1989-631
Nona J. Rawls, 1989-586
Robert Cuillo, 1989-587 Strickland, 1989-633
W. L. Eddy, 1989-588 Louis C. George, 1989-634
Thelma J. Spies, 1989-589
Flossie H. Teschke, 1989-590 1989-635
Frank W. Hodge, 1989-592 Evamarie Vananden Brecheen,
Wesley H. Sorenson, 1989-594 1989-636
W. L. Eddy, 1989-595 Schieffer Decker, 1989-639
James J. Wilson, 1989-596
Southmark Corp., 1989-599
Southmark Corp., 1989-601 Southmark Corp., 1989-602
Thousand Trails, 1989-640
Thousand Trails, 1989-642 Thousand Trails, 1989-643
Sofran, 1989-644 ICCA-MED, 1989-645
Deery Investments, Inc., 1989-648 Jack Ray, 1989-650
Colista B. Messick, 1989-651 Deery Investments, Inc.,
Karl A. Ernst, 1989-653
Karl A. Ernst, 1989-654 Karl A. Ernst, 1989-655
Sandra M. Plitt, 1989-656
There being no further business to be brought to the attention of the Property Appraisal Adjustment Board, the meeting adjourned at 8:56 a.m.
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS
LS/WP-4/10/18/89 l0:17
The Lake County Board of County Commissioners met in regular session on Tuesday, October 17, 1989, 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: C. W. "Chick" Gregg, Chairman: Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, County Manager's Assistant: James C. Watkins, Clerk; 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.
CONSTITUTIONAL OFFICERS
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the following:
Accounts Allowed
Payment of Warrant No. 112600 through Warrant No. 113093 for the following accounts:
County Transportation Trust Countywide Fire District
Paisley Fire District Landfills
Pasco Fire District South Lake Fire District
Mt. Plymouth Fire District General Revenue
Mosquito Control Northwest Fire District
Section 8 Road Impact
Countywide Library Private Industry Council
Fine & Forfeiture Bassville Fire District
Law Library Aquatic Weed
Emergency 911 Fund Self Insurers Fund
Capital Outlay Eustis Section 8
Law Enforcement Trust Fund Northeast Ambulance
Northwest Ambulance Special Assessments
Bonds - Contractor
New
1550-90 James E. Moulton (Building Contractor)
1629-90 James Wingo (Aluminum Contractor)
1772-90 Cosson Masonry, Inc. (Masonry)
4203-90 Thomas M. Richardson (Residential)
4208-90 Bradford Spittle dba Spittle's Heating & Air
Conditioning (Heating & Air Conditioning)
4236-90 Richard Hauge dba Holloway Plumbing (Plumbing)
4367-90 Isaac J. Wheelis dba Ike the Plumber (Plumbing)
4509-90 William Stewart Cox (Electrical)
4719-90 Tri-X Corporation (Electrical Contractor)
Cancellation
1916-89 James D. Heiskell, Jr. (Residential Building
Contractor)
Accounts Allowed/Courts-Judges
Satisfaction of Judgment for Jerome aka Jeremy Evans and Velma Evans, Case No. 89-857-CJ, in the amount of $50.00.
Satisfaction of Judgment for Linda Sawyer Coleman, Case No. 89-Eli-MM-B-H-34, in the amount of $50.00.
Satisfaction of Judgment for Fred White, child, and Fred and Odessa White, parents, Case No. 87-1302-CJ, in the amount of $50.00.
Accounts Allowed/Subdivisions
Pomerosa Subdivision
Robert R. & Helen L. Mitchell $ 554.46
Pine Lakes South Subdivision
Wayne & Belinda Flaxman $1,517.40
Esco Baker 948.00
Hilltop No. 3 Subdivision
Shirley L. Hawkins $ 779.57
Mt. Plymouth Subdivision
Richard W. Moss $ 460.97
Kevin Besaw 534.80
Jeffrey R. Morgan 853.54
Eron Obrien & Sharon R. Eslick 1,679.15
Astor Forest Campsites
Lewis E. & Nellie F. Bowers $1,145.45
Dennis L. & Alta C. Howard 1,713.38
John Paul Angel 1,679.79
Andrew L. & Elizabeth J. Bailey 1,145.38
Manuel M. & Patricia R. Pont 1,680.00
Willard E. Bennett 1,863.03
Ralph & Lillian Mange 1,863.03
Loyd C. & Louise G. Wood 1,679.79
Loyd C. & Louise G. Wood 1,679.79
Edward J. & Donna J. Ciaraldi 1,756.36
Manuel B. & Gertrude M. Garcia 1,145.36
Victor & Ernestine W. Smith 1,145.31
Lowell C. & Donna J. Martin 2,015.64
Roy & Shirley Pendleton 1,145.45
Donald L. & Phyllis J. Smith 1,343.83
David J. & Grace E. Gonzales 1,527.08
H. Lee & Florrie C. Smallwood 1,848.00
H. Lee & Florrie C. Smallwood 534.54
Thomas A. & Susan D. Williams &
Charles J. & Nancy L. Young 1,145.59
Jess L. & Peggy C. Knight &
Foster G. & Stephanie Marshall, Jr. 1,280.33
Roy H. & Shirley Pendleton 1,400.36
Eunice B. & R. D. Price 1,145.41
Joachim & Vivian Casanova 1,145.45
Edith S. & H. L. Hardin 1,145.45
E. Y. & Mollie B. Shuman 1,145.38
E. Y. & Mollie B. Shuman 1,145.38
Ralph H. Cox
Edgar A. & Sue L. Shepherd 1,288.39
Fred F. & Sylvia J. Franklin 1,288.33
Lawrence W. & Karen Skaggs 916.03
Edgar A. & Sue Shepherd 915.91
Edgar A. & Sue Shepherd 915.91
Herman & Etoile B. Thompson, Sr. 915.91
Barbara A. Zavala & Carl A. Parker 915.91
Barbara A. Zavala & Carl A. Parker 1,379.73
Carl A. Parker & Barbara Zavala 1,526.52
Robert A. & Mildred Cahall 1,831.59
Barbara A. Zavala & Carl A. Parker 915.91
Harlon C. & Margaret F. Sherbert 1,161.95
Harlon C. & Margaret F. Sherbert 1,161.95
Lee Roy & Marian Frances Rodgers 1,161.81
Robert J. Zammit 1,610.70
Robert J. Zammit
John P. & Lillian Angel 2,247.67
Herman M. & Etoile B. Thompson 1,229.82
Herman M. & Etoile B. Thompson 1,266.25
Country Club View Subdivision
Richard G. Singletary $ 997.95
John D. & Dreama C. Michael 375.71
Hilltop Subdivision
Donna L. and/or Boyd B. Bolick $ 309.13
Oscar A. & Alice A. Desgalier 1,030.90
St. Johns Manhattan Subdivision
Alta Lee Elliott $ 989.98
LaPlace Court
Kenneth R. & LaVerne M. Johnson $2,696.18
Accounts Allowed/Reports
Acknowledged receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending September 30, 1989, in the amount of $128,854.33.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the following:
Accounts Allowed/Environmental Services/Municipalities
Request to reimburse the cities of Tavares and Howey-in-the-Hills, for recycling expenses for FY 88/89, in the amount of $11,123.36 to Tavares, and $1,018.40 to Howey-in-the-Hills.
Appointments-Resignations/Private Industry Council
Request for the following members to be appointed to the Private Industry Council, with the Private Industry Council staff being authorized to prepare the appointment letters for the Chairman's signature:
Two Year Terms
Ms. Carole Perez, Health and Rehabilitative Services
Mr. Mike Conley, North Carolina National Bank (NCNB)
Mr. James H. Lowe, Lake Community Action Agency
Mr. John Weed, Weed and Company
Dr. Bruce Staff, Lake Sumter Community College
Ms. Marilyn McPherson, Job Service of Florida
Ms. Gena Swartz, Sun Cycle
Mr. Marco J. Oliveri, Economic Development Commission of Mid-Florida
Alternates
Mr. John Smith, Lake Plumbing
Ms. Georgia Phillips, Green Thumb Garden Center Corporation
Fill Unexpired Terms of One Year
Mr. Ken Bragg, Lake County Schools
Ms. Joyce Sanders, United Telephone
Roads-County & State
Request by property owners to change the name of 1st Street to Arabian Way.
Roads-County & State
Request by property owners to change the name of White Tail Trail to Harris Lake Road.
Bonds - Mobile Home
Request for Richard Zaccardo, South Clermont area, District #3, 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 dwellling unit or upon the request of the Board of County Commissioners.
Public Works/Roads-County & State
Request for the acceptance of the maintenance map for Waycross Avenue, #4-5072.
Public Works/Roads-County & State
Request for the acceptance of the maintenance map for Golf Links Avenue, #4-5057.
Bids/Public Works
Request to award bid #005-235-090 - Plastic pipe to Advanced Drainage System.
Accounts Allowed/Bids/Public Works
Request to purchase one Ford 6610 Tractor off State Bid, at a cost of $14,341.00.
Accounts Allowed/Bids/Public Works
Request to purchase two Ford 6610 Tractors off State Bid, at a total cost of $24,728.00.
Accounts Allowed/Grants/Municipalities/Road Projects
Request for final payment, to Superior Asphalt, for Project #lO-89, Southeast Umatilla Block Grant, in the amount of $10,464.00.
Accounts Allowed/Road Projects
Request for payment #l, to Asphalt Pavers, Inc., for Project #3-89, C-452 Extension (Eustis By-Pass), in the amount of $22,050.00.
Accounts Allowed/Road Projects
Request for payment #9, to Trac Roadbuilders, Inc., for Project #6-88, c-473, in the amount of $28,526.85.
Deeds/Right-of-Ways, Roads & Easements/Roads-County & State
Request for the acceptance of Unity Drive, #l-6012, into the county maintenance system and the acceptance of a right-of-way deed from Dale C. Freeman.
Road Closings - Permission to Advertise
Request to advertise for Road Vacation Pet ition No. 568, from James C. Snowberger and Carol or Glenn Snowberger, to vacate roadways, all of 1st Avenue and the end of 9th Street, in the Forest Hills area.
Road Closings - Permission to Advertise
Request to advertise for Road Vacation Petition No. 569, from Douglas W. Braun, to vacate Plat, Sunnyside Park, in the Leesburg area.
Accounts Allowed/Contracts, Leases & Agreements
Sheriff's Department
Request for a one year renewal of the lease for office space at 226 West Main Street, which is occupied by the Sheriff's Office, at a monthly rate of $1,500.00 (total $18,000.00).
COUNTY MANAGER DEPARTMENTAL BUSINESS
COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS
Mr. Mike Gray, representing Performance Cable T.V., F.P., appeared before the Board to discuss the request for a collateral assignment of the cablevision agreement by Phillips Credit Corporation.
Commr. Gregg questioned whether anything has been done on the study which the Public Works Department has been preparing on the manner in which the County handles cablevision franchises. To which Mr. Jim Stivender, Director of Public Works, responded that the report has been written, is currently being reviewed by the Public Works Department, and will be presented to the Board soon.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request from Performance Cable T.V., F.P., for a collateral assignment of the cablevision agreement by Phillips Credit Corporation, in order to complete the financing of the system.
ENVIRONMENTAL SERVICES/LANDFILLS
Mr. Alan A. Thelen, County Manager, informed the Board that they had requested staff to prepare a timetable as it relates to Site K as a landfill site. He discussed the schedule, and stated that the public hearing can be held during the Board's regular meeting.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the acceptance of the schedule, for activities associated with the selection and permitting of Site K (Okahumpka Site), for the new County landfill.
BUDGETS/CONTRACTS, LEASES & AGREEMENTS/GRANTS/POLLUTION CONTROL
Mr. Alan A. Thelen, County Manager, stated that this item was not reflected in the Budget because it was uncertain whether the County would receive the grant with the St. Johns River Water Management District. Since this is an unanticipated revenue, the budget amendment can be granted without a public hearing.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the authorization to amend the FY 89/90 Pollution Control Division Budget, to reflect the receipt of the contract from the St. Johns River Water Management District, in the amount of $l0,000.00, along with the associated temporary employees, and to adopt a Resolution to that effect.
CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the contract with Geraghty and Miller, Inc., for the review of the proposed Reedy Creek Improvement District spray irrigation project in South Lake County. He noted that, the manner in which the contract is written, specifically states that Geraghty and Miller, Inc. is to be paid by Reedy Creek and that Lake County has no financial obligations to the project.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for the authorization of signatures on the contract with Geraghty and Miller, Inc., for the review of the proposed Reedy Creek Improvement District spray irrigation project.
LICENSES & PERMITS/RESOLUTIONS/WELFARE DEPARTMENT
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request to authorize the Department of Health and Rehabilitative Services (HRS) to license family day care homes. He noted that family day care homes, are those that care for one to five children, and are registered with HRS, and that the County, by Resolution, may require licensure, if it is desired. He further noted that, the persons requesting this are using Federal funds, under Title 20, and have purchased day care services, which must be in a licensed facility.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for signatures on a Resolution authorizing the Department of Health and Rehabilitative Services to license family day care homes which voluntarily request to be licensed in Lake County.
ACCOUNTS ALLOWED/HEALTH & GENERAL SERVICES
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request for the acceptance and execution of the Certification of Substantial Completion on the Lake County EMS radios, consoles and logging recorders. He noted that the consultant has also indicated that he is satisfied with the equipment.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the acceptance and execution of the Certification of Substantial Completion on the Lake County EMS radios, consoles and logging recorders, with payment to Motorola Communications, in the amount of $214,525.00.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids, for the widening and resurfacing of Waycross Avenue, #4-5072; and the paving of Wesley Road, "Part" #4-5176, at an estimated cost of $260,000.00.
BUDGET TRANSFERS/JAILS/OUTDOOR RECREATION
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to temporarily transfer $160,000.00 of Revenue Sharing Funds, currently earmarked for parks and recreation, to detentions and corrections.
ACCOUNTS ALLOWED/JAILS
Mr. Alan A. Thelen, County Manager, stated that Marion/Service Roofing & Air Conditioning Company is the low bid, of the three that were submitted.
Mr. Mike Anderson, Assistant Director of Public Works, stated that consideration was given to the fact that the building will change uses in the future. He noted that there were approximately five or six bidders in the prebid conference, but only two of the bidders were seriously interested.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the request to accept the proposal from Marion/Service Roofing & Air Conditioning Company, for the replacement and installation of a new roof for the Jail Building, at a cost of $84,068.00.
Commr. Windram was not present for the vote.
ACCOUNTS ALLOWED/JAILS
Mr. Mike Anderson, Assistant Director of Public Works, stated that, originally, there were five bidders, and that after interviewing the bidders, it was determined that Cross Construction was the best bid. He noted that the proposal still needs to be reviewed by the Department of Corrections and that all of the preliminary reviews have been favorable.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the proposal from Cross Construction, for spot abatement of asbestos inside the Jail Building, at a cost of $74,775.00.
COUNTY ATTORNEY MATTERS
COURTS-JUDGES/RIGHT-OF-WAYS, ROADS & EASEMENTS
Ms. Annette Star Lustgarten, County Attorney, informed the Board of a litigation item which has been pending for some time, regarding Lake County versus Mahaney. She noted that the County was not upheld on the appeal, and that the Order from the Fifth District Court of Appeals recently arrived. This litigation has been pending since 1986, and it concerns a title to the right-of-way adjacent to Old Highway 441. The County filed suit to determine the title to the right-of-way on four lots adjacent to Old Highway 441, over and above the actual paved right-of-way. In 1986, a temporary injunction was granted in favor of the County as to eight feet adjacent to the actual right-of-way. In August, 1988, a hearing was held and the Judge found in favor of the property owner, indicating the fact that the County did not establish ownership of the right-of-way through maintenance or any other method. Also, as part of the Order, costs were also ordered to the defendant. The County appealed the action and the case went to the Fifth District Court of Appeals, and on an Order issued September 19, 1989, the Fifth District Court of Appeals upheld the Circuit Court decision citing the fact that the County had not established title to that right-of-way over and above the paved area.
Ms. Lustgarten noted that, the only option available to the County would be a motion for rehearing, but in order to do that, the County would need additional information to provide to the Court that had not been previously considered.
No action was necessary at this time.
PUBLIC HEARINGS - ROAD CLOSINGS
Petition No. 556 - Glendel W. & Elizabeth C. Cock -Clermont Area
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the September 26, 1989, and October 3, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate an easement, in Monte Vista Park Farms, in the Clermont area, as advertised in Petition No. 556, by Glendel W. and Elizabeth C. Cock.
Petition No. 559 - Kircha Investment Corp. - Tavares Area
Mr. Jim Kelaher, President of the Squirrel Point Homeowners Association, appeared before the Board in opposition to the request to vacate.
Ms. Annette Star Lustgarten, County Attorney, stated that the easement had been dedicated for public access as indicated on the plat.
Mr. Jim Stivender, Director of Public Works, stated that he was unsure of the easements original purpose, and that the plat indicates a 20 foot ingress/egress easement dedicated to the public.
Mr. Kelaher noted that there is a driveway located on this easement which extends to the recreation area in the subdivision.
Mr. Kelaher approached the Board to review a plat submitted by the Director of Public Works.
Mr. Emery S. Simms, Jr., Executive Vice President, Kircha Investment Corporation, approached the Board to review and discuss the plat presented.
Mr. Kelaher stated that he would not object to a cost sharing of relocating the road, if the costs were shared fairly.
Mr. Simms noted that he has a deadline of 45 days for the contract of sale to the buyer, and needs to solve this easement and other encroachments as a requirement by the buyer.
Ms. Lenora Davis, of Custom Realty, stated that this property is very important to her because she is the realtor for this property and is concerned that, if the vacation is not granted, she may lose the contract.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board postponed the request to vacate an easement, in Squirrel Point, Tavares area, as advertised in Petition No. 559, for Kircha Investment Corporation, until the Board meeting of November 7, 1989.
Petition No. 561 - H. D. Robuck, Jr., Esquire - Leesburg Area
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the September 26, 1989, and October 3, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to vacate a road right-of-way and lots, in a portion of Pennbrooke, in the Leesburg area, as advertised in Petition No. 561, by H. D. Robuck, Jr., Esquire (for Robert Stetler).
Petition No. 562 - Montverde Groves, Inc. - Montverde Area
Mr. Jim Stivender, Director of Public Works, stated that this petition was presented in the previous week, and stated that the plat had been approved with the intent that the access was for future connections to adjacent development. He noted that the plat was approved by the Board in 1986, with a right-of-way extending to the property line. He also noted that, it is County policy to extend right-of-ways where possible and appropriate.
Commr. Bakich stated that, in the Subdivision Advisory Committee prelimary plat approval meeting there was no indication of the extension at the end of Thoroughbred Lane, and that the Planning and Zoning Commission did give preliminary approval of that extension. He questioned Mr. Stivender where the recommendation would have come from for the extension. To which Mr. Stivender responded that, this extension was discussed at the Subdivision Advisory Committee meeting and the Minutes from that meeting are not detailed.
Commr. Bailey stated that he had been informed that the County would not allow right-of-ways to be used as roads.
Commr. Windram stated that the right-of-ways were made primarily to keep people from being land locked, and he does not believe it was the intent of the Board to use streets belonging to subdivisions as throughways.
Ms. Cecilia Bonifay, attorney representing Lykes Development Corporation, appeared before the Board in opposition to the request and stated that they had asked for, at the last Board meeting, a 60 to 90 day extension, in order to have their engineers determine an alternative means of access. She stated that the Lykes property does not have any other access, and her client had not intended to use the right-of-way as a primary access to their site.
Ms. Bonifay stated that the Subdivision Regulations and the Land Development Code provides for proposed streets to be extended to the boundary lines of the land included in the subdivisions submitted for approval when extensions are required to provide for normal circulation of traffic within the vicinity, which was done when this plat was approved.
Ms. Bonifay noted that she would like to see this road vacation petition postponed another 30 days, to allow her client's engineers to locate other access.
Mr. Jerry T. Lockett, attorney representing Highland Groves, appeared before the Board to discuss his client's opposition to the request and stated that his client agrees with what Ms. Bonifay had presented and would also like a 30 day postponement, to allow his client an opportunity to arrive at an adequate agreement of the situation.
Commr. Swartz questioned Mr. Lockett whether his client would object to continuing Fosgate Road in order to connect the properties. To which Mr. Lockett responded that that is the type of possibility that his client would like to discuss.
Sergeant Dale Martin, of the Orange County Sheriff's Office and a resident in the Trails of Montverde, appeared before the Board and stated that the subdivision has an existing Neighborhood Watch Program and it would be a detriment to that program to allow access through the right-of-way. He further stated that he purchased property on Thoroughbred Lane because it was a land locked subdivision. He urged the Board to make a decision, today, to close the right-of-way.
Sergeant Walter Wolf, a Florida Highway Patrolman and a resident in the Trails of Montverde, stated that he also lives on Thoroughbred Lane, and that, presently, with the small amount of traffic they now have going through the subdivision, there already exists a problem with speeding. He noted that, he also bought in that subdivision because of the land locked state.
Mr. Bill Gerdy, a Code Enforcement Officer with the City of Orlando and a resident in the Trails of Montverde, stated that he also bought his property because of its land locked state, and he does not feel that Thoroughbred Lane was designed to have any more traffic than presently travels on it.
Mr. Claude E. Smoak, representing Montverde Groves, Inc., appeared before the Board and stated that Lykes Brothers owns a lot in the Trails of Montverde, which was purchased under the name of a trust in December, 1988, and they have known that they needed access to that property, and that they do have access on the northern end of Triple E Road. He noted that the County road graders maintain Triple E Road and the County places clay on it. If the Trails of Montverde were not there, the property owners would have to work out their best entrance and exit from Fosgate Road to Triple E Road. If, in developing the Trails of Montverde, it was known that these property owners wanted to resolve their entrance problem on the north side of the entire subdivision, it would have been easier for the Trails of Montverde to be designed around a main access road where an additional frontage would have been dedicated. Also, there is a 15 foot easement that extends from Fosgate Road back to the Lykes' property. There was no communication between the property owners and the Trails of Montverde residents until recently. On behalf of the developers of the Trails of Montverde, he urged the Board to close the access, today, without postponement.
Commr. Swartz commented that all subdivisions may have the potential to be joined at some time in the future, but that does not ensure that they would. He further commented that, if the Highlands developers came to the Board with a site plan and a road improvement plan for a subdivision, they could not connect to that road right-of-way unless they went through the process of approval for connection to that right-of-way. He also noted that, if he were to make the decision today on whether to connect, he would not vote to connect, or encourage staff to present a plan for connection. He would like to allow the property owners more time to obtain access from Triple E Road or some other access to the south. He also stated that, he is not in favor of connecting that road right-of-way, and any action taken today will not mean that the road is being connected.
Commr. Bakich stated that, so far, for the future, there is no clear policy stating that the individuals sitting on the Board will not connect those subdivisions, therefore, some policies need to be set.
Commr. Bailey stated that, in order to protect the integrity of the subdivision, the right-of-way should be vacated.
Mr. Smoak stated that he attempted to contact the Lykes', but has not been able to discuss this matter with them. He had received a telephone call from a representative of the Lykes' informing him that they would be requesting a postponement today.
Commr. Windram questioned Mr. Smoak, whether the Lykes property has two means of public access. To which Mr. Smoak responded that there are, but one area is west of the turnpike. He explained that, the property fronts on Grassy Lake Road for approximately one mile and a half, which is a County maintained primary clay road, the majority of which is paved. They also have frontage on the clay portion of Triple E Road, where the pavement stops with a 10 acre tract to the east, then there is a clay strip, which is also part of Triple E Road, and it has a physical barrier at the end of it which states that it is no longer public access. They have access on that easterly portion of Triple E Road, access on Grassy Lake Road, and there is a section under the turnpike which is not suitable for normal traffic flow.
Mr. Stivender stated that the County paved Triple E Road from County Road 561 to its termination, as County maintenance. He was unsure if a grader had been on it, and it may be part clay. Considerable discussion occurred regarding how to determine other adequate means of access to the property.
Sergeant Wolf noted that the Homeowner's Association feels that they are being punished as property owners if this right-of-way remains open.
Commr. Gregg noted that, from the beginning, he has been opposed to the road going through the subdivision as secondary access to the property. He felt that this size of parcel should not be connected to a limited access subdivision. He further stated that he does not object to allowing 30 days for the property owners.to locate alternative right-of-way.
Commr. Bailey noted that he does not feel that the situation will not be resolved at this time and that the right-of-way should be closed.
Mrs. Tracy Southerland, President of the Trails of Montverde Homeowner's Association, appeared before the Board and stated that they would like the Board to close the right-of-way today, because it is difficult for the interested parties who work to attend the meetings which continually are postponed.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried, the Board approved to postpone the request to vacate a right-of-way, in the Trails of Montverde Subdivision, in the Montverde area, as advertised in Petition No. 562, by Montverde Groves, Inc., until the November 21, 1989, Board meeting.
Commr. Bakich and Commr. Bailey voted "No".
Petition No. 563 - Donald L. & Frances J. Smith -Leesburg
Area
No one present in the audience wished to discuss this request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the September 26, 1989, and October 3, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to vacate a portion of Old Thomas Road, in the Leesburg area, as advertised in Petition No. 563, by Donald L. and Frances J. Smith (Pullum and Pullum, P.A.s).
RECESS & REASSEMBLY
At l0:40 a.m., the Chairman announced that the Board would recess until l0:50 a.m.
COMMISSIONER BUSINESS
RESOLUTIONS
Commr. Gregg informed the Board that he had been contacted by the United Way requesting a Resolution supporting their efforts in Lake County, and he presented a Resolution to that effect.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Resolution endorsing the efforts of the United Way of Lake and Sumter Counties, Inc., and wishing the campaign volunteers success in their endeavor to raise $335,000.00.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/ORDINANCES/SIGNS
Commr. Gregg presented to the Board his recommendations to the Sign Ordinance Committee, as follows:
Dan Hayes, Mid Florida Signs, Leesburg
Pat Smallwood, Smallwood Signs, Tavares
Jim Hill, Stokes Market, Leesburg
Robert Timmons, Groveland
Welton Cadwell, City Clerk, Umatilla
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the appointments to the Sign Ordinance Committee, as stated.
APPOINTMENTS-RESIGNATIONS/CODE ENFORCEMENT/COMMITTEES
Commr. Gregg brought to the attention of the Board a letter received from Mr. Brandon Wald, requesting to continue serving on the Code Enforcement Board.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request by Mr. Brandon Wald, to continue serving on the Code Enforcement Board, with a term to expire October 31, 1992.
PLANNING & DEVELOPMENT/SUBDIVISIONS
Commr. Gregg brought up an item in which Harbor Hills is vacating and reducing the number of lots in the subdivision, and he would like to have the Board consider approval of it, contingent upon the County Attorney preparing an agreement, due to time constraints upon the developer.
Mrs. Debbie Stivender, representing Harbor Hills, appeared before the Board and stated that this is a replat of a portion of townhouses in which they are reducing the plat by two townhouses. The replat had been before the Subdivision Advisory Committee and has the approval of the Planning and Zoning Commission. She noted that Harbor Hills would like the Board to give their approval in order for them to begin obtaining permits.
Commr. Gregg informed Mrs. Stivender that the manner of the agreement which will be prepared does not assure approval of the plat. To which Mrs. Stivender responded that they are aware of that.
Mr. John Swanson, Director of Planning and Development, stated that the plat has been reviewed by the Subdivision Advisory Committee and the Planning and Zoning Commission. He also stated that the plat has been redrawn indicating a reduction of the number of lots from 16 to 14. He further stated that, the plat was not submitted to the Planning and Development Department for placement on the agenda because it had to be submitted to the bank for a signature in a title block. He further stated that, Harbor Hills would like to begin the permitting process prior to the plat being recorded.
Ms. Annette Star Lustgarten, County Attorney, stated that she has no problem with the Board approving the request subject to her preparing the agreement.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request by Harbor Hills to allow them to begin obtaining permits before the Board of County Commissioners renders final plat approval, and that the agreement is to be prepared, in the above mentioned manner, by the County Attorney.
JAILS
Mr. Alan A. Thelen, County Manager, mentioned to the Board that some individuals will be going to Bay County, Florida, to view a detention facility that is operated by a private corporation, Corrections Corporation, Association (CCA), out of Tennessee, on October 26, 1989, at 8:00 a.m. and returning to Lake County at 3:00 p.m.
Commr. Gregg noted that CCA approached Lake County approximately one month ago, and spoke with Mr. Thelen, Mr. Anderson, Mr. McKee and himself, and they were impressed with the operation of their facility.
Mr. Thelen stated that if anyone was interested in making the trip to let him know.
COMMITTEES/JAILS
Commr . Swartz questioned Commr. Gregg on the status of the Jail Task Force Committee. To which Commr. Gregg stated that the last Jail Task Force meeting was held due to the shortfall of the sales tax monies. They scaled back one full building of the Jail, on the west side, and reduced it down to the maximum inmate capacity, with double-bunking for approximately 1,000 beds. There is still a budgetary shortfall, if the County continues with the 125,000 square foot courts building. They are now waiting for the space use study to be complete in 60 days, to determine how mJch additional space that County administration will need and then weigh the options.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES
Commr. Bailey brought to the attention of the Board that he would like to reappoint Sarah Jane Hewitt to the Lake County Library Board.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the reappointment of Sarah Jane Hewitt to the Lake County Library Board, for a two year term, to expire September 30, 1991.
COMMITTEES
Commr. Bailey informed the Board that the Tourist Development Council is going to go to Polk County to visit their Tourist Development Council on Thursday, October 19, 1989, at 11:3O a.m. After that trip, they will be able to make recommendations to the Board in regards to the Council.
Commr. Windram suggested that Commr. Bailey take the Tour Development Council to Lafayette County to visit their Tourist Development Council also.
COMMISSIONERS
Commr. Bailey questioned at what time of the year does the Board change Chairman and how does it occur.
Mr. James C. Watkins, Clerk, stated that, normally, the Chairman and Vice Chairman is elected at the first meeting in December, and the newly elected Chairman and Vice Chairman take office at the first meeting in January. The Clerk brings it to the attention of the Board for them to take action.
MEETINGS/MUNICIPALITIES
Commr. Bakich stated that he would like to schedule a Town Hall meeting in his District 5, and would like the Board's feelings as to an appropriate date.
After considerable discussion the Board agreed on the date of Thursday, November 16, 1989, at 7:00 p.m., for the Town Hall meeting to be held in District 5, in Umatilla.
RECESS & REASSEMBLY
At 11:15 a.m. the Chairman announced that the Board would recess until 2:00 p.m. for Rezoning.
ZONING
PUBLIC HEARING #137-89-5 A to CP W. P. Parrish
Mr. Greg Stubbs, Acting Director of Development Coordination, appeared before the Board and stated that this case was postponed from the August 15, 1989, Board meeting.
No one present in the audience wished to discuss this case with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to CP (Planned Commercial), to allow an enclosed storage for recreational vehicles, boats, and trailers for cold storage of produce not grown on the site.
PUBLIC HEARING CUP#89/8/5-4 CUP in A Jordan Iserman
Mr. Greg Stubbs, Acting Director of Development Coordination, appeared before the Board and stated that this case was postponed from the September 19, 1989, Board meeting. He noted that, since the postponement, the applicant has submitted a request for LM (Light Manufacturing) or CP (Planned Commercial) and MP (Planned Industrial), rather than a CUP.
Ms. Pam Myers, with Dave Lowe Realty, noted that they have not yet filed for the rezoning, and are waiting for an indication from the Board as to the best way to proceed.
Mr. Bill Evans, with Century 21 Realty, representing the applicant, noted that a CUP would be in order for this size property.
Commr. Gregg noted that, as at the previous meeting, the Board was concerned with the size of the proposed building which is to be placed on the property.
Commr. Swartz noted that the planned occupation does not seem to be a use that is allowed within a CUP, because it is not a home occupation.
Ms. Annette Star Lustgarten, County Attorney, stated that a CUP allows only for home occupations which are professional, or artistic types of operations, to be conducted by an immediate member of the family, with specific conditions relating to such.
Commr. Windram noted that he had a problem with the staff suggesting that the applicant request a CUP instead of another type of zoning, and requiring them to pay the fees again.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), to permit a home occupation for a pottery and basket weaving studio and single-family residence, and waived the fee for the applicant to reapply in the proper zoning district.
Commr. Swartz indicated that he was unsure whether LM (Light Manufacturing) would be a proper zoning for the property.
PUBLIC HEARING #134-89-4 A to RE or RR Walter H. Chiles
Mr. William New, a resident of the area, appeared before the Board and stated that he is opposed to the request for rezoning, and will not be granting the easement for which the rezoning is dependent on.
Ms. Faircloth, an adjoining property owner, appeared before the Board in opposition to the rezoning request, because she felt that if it were granted she would lose some of her property to a road. She also felt that, if more homes were constructed in the area, there would be additional problems with the well water. She was also concerned that the property would be divided into smaller parcels, and that an RR (Rural Residential) zoning will be put in an A (Agricultural) area.
Ms. Shirley Barnes, a resident of the area, appeared before the Board to state her objections to the rezoning request. She submitted to the Board a petition with 44 names against the rezoning request, and stated that all of the residents who live on the street are opposed to the rezoning. She stated that Mr. Chiles is requesting the Board to rezone 40 acres fr,om five acre tracts to 3/4 or one acre tracts, to change the easement from 66 feet to 50 or 55 feet, change the subdivision by placing the easement down one of the parcels, and change the rural area. She was also concerned about the water problems which would occur, and the additional traffic problems. She noted that the residents would be in agreement to putting seven or eight homes on five acre tracts, but the applicant wants to put 35-48 homes on the property.
Mr. Barney Barnes, a resident of the area, appeared before the Board to state his objections to the rezoning request. He stated that the residents of this rural area like it rural, and do not want it to change. He stated that the applicant was to purchase an easement from Mr. William New of approximately 670 feet to access the property, but Mr. New is not selling it now. He discussed the surrounding properties with the Board, and stated that the surrounding property owners feel that if this request is granted, it is creating spot zoning to the benefit of one landowner. He noted that one of the letters for the rezoning was from a Robert Hester, who lives in Orange County, and he owns ABC Fruit Company and some of the tracts abutting the property. He stated that the extra homes would affect Lake County citizens' quality of life, and urged the Board to vote against this request.
Mr. Joe Phillips, a resident of the area, appeared before the Board to discuss his objections to the rezoning request. He stated that his property has a 30 foot easement at the end of it, and, presently, that easement is the only entrance the Mr. Chiles has to his 40 acres. He noted that, before he owned his property, Mr. Chiles owned it and deeded the 30 foot easement to himself, and that the problems he is now encountering are brought on by himself.
Mr. Fred Turner, a resident of the area, appeared before the Board and stated his objections to the request for rezoning. He noted that he was concerned that 38 people that live on the street are against the rezoning, and felt that the majority should rule.
Mr. Fred Davey, a resident of the area, appeared before the Board noting his concerns that Lake County will resemble Orange County if it continues to over build.
Mr. Greg Beliveau, with Lake Land Planning Group, Inc., representing the applicant, appeared before the Board and stated that there is currently RR (Rural Residential) zoning in the area, but it does not abutt this property. He then reviewed the existing and upcoming growth in the area. He noted that there is a contract signed by Mr. New dedicating an easement, and was not aware that Mr. New was rescinding his contract. The applicant's intent was to access directly off of Coronado Drive, which is a newly paved road, and Round Lake Road, into the project. In the RR (Rural Residential) zoning they could not accomodate 40 homes, therefore, there will only be approximately 30 homes on the property. He also addressed the impact of the wells in the area, and stated that there would be no adverse impact to the existing water quality in the area. Due to the proximity of this property with Mount Dora and the Sorrento-Mount Plymouth node being so close, and the restrictions placed on the Wekiva River Basin area there is no where else for developments to go. He stated that his client is willing to impose some deed restrictions on the site, due to the fact that, there are some concerns that 900 square foot homes are substandard structures for the area. The deed restrictions would involve a total of 1,500 square feet under roof.
Commr. Windram made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission to approve the request for rezoning from A (Agricultural) to RR (Rural Residential), to create 30,000 square foot or one acre residential homesites.
Under discussion, Commr. Swartz noted that there are concerns with the one unit to one acre zoning being a compatible residential density within the urban area. Some of the points of the current comprehensive plan is that, the agricultural and open space buffer should be maintained to the west of the urban node east of Mount Dora, and it should encourage the continuation of forest and cattle farm trends adjacent to the urban compact nodes. He felt that one unit per one acre is not in character with that point and that the open space is not protected from urban encroachment. He also felt that the County should protect the rural nature of the area because of it being in close proximity and adjacent to currently used agricultural uses.
Commr. Windram stated that when discussing agricultural uses, there is a difference between bonifide agriculture use and agricultural zoning.
The Chairman called for a vote on the motion, which was carried.
Commr. Swartz voted "No".
PUBLIC HEARING #175-89-5 CP to A Thomas H. Wise, Sr.
No one present in the audience wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from CP (Planned Commercial) to A (Agricultural), to allow one single-family residence.
PUBLIC HEARING #163-89-S A & R-l-7 to R-1-15 Waterman
Memorial Hospital Association
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request for rezoning. He stated that the land had been donated to the Waterman Memorial Hospital Association and they are planning on selling the land, and using the proceeds for the hospital. Presently, the property is under contract to be sold, upon the condition that this zoning request is granted.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) and R-l-7 (Urban Residential) to R-1-15 (Residential Estates), to allow 15,000 square foot residential homesites.
Commr. Windram was not present for the vote.
PUBLIC HEARING CUP#89/9/1-5 CUP in A John Meeker
Mr. Greg Stubbs, Acting Director of Development Coordination, noted that this rezoning request area is approximately 2,600 feet off of County Road 42.
Mr. John Meeker, applicant, appeared before the Board and stated that he has had an electrical business in this location for four years. He further stated that, he had built a building for storage and a garage, and was told by the County's Code Enforcement Department that he needed a CUP to store electrical supplies for his business in his garage.
Commr. Swartz stated that a CUP in agricultural is supposed to be related to something of an agricultural nature, with the exception of a home occupation.
Ms. Annette Star Lustgarten, County Attorney, stated that the agricultural district is to encourage agricultural pursuits by conserving good soil and agricultural areas from subdivision development or commercial and industrial construction. The listed agricultural uses are of an agricultural nature. The uses permitted in a conditional use permit are also related to the agricultural use of that property, with the exception of permitted home occupations, which are professional offices, not as a general practice, and artistical occupations.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), to operate an electrical business and to allow the storage of supplies in an existing garage.
PUBLIC HEARING #165-89-5 R-l-7 to RM John Wheaton
No one present in the audience wished to discuss this request for rezoning with the Board.
On a motion by Commr. Bakich, 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 R-l-7 (Urban Residential) to RM (Mobile Home Residential), to allow the installation of a double-wide mobile home on the site for rental purposes.
PUBLIC HEARING CUP#89/9/5-5 CUP in A David Pearson
Commr. Bakich noted that there are a lot of unincorporated areas in his district, and wondered whether there was a possibility to have a neighborhood commercial district or something of that nature.
No one present in the audience wished to discuss this request for rezoning with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), to allow the operation of an insulation business.
PUBLIC HEARING CUP#89/9/6-4 CUP in A James & Elizabeth Byrd
Mrs. Elizabeth Byrd appeared before the Board to discuss the request for rezoning. She stated that she presently operates an art studio and woodworking workshop in their garage, and they wanted to place a two foot by three foot sign, at fence level, in front of the property.
Ms. Annette Star Lustgarten, County Attorney, stated that only a 144 square inch sign is allowable in the window of a home occupation.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to permit the home occupation of an art studio and woodworking workshop, and to allow the placement of a 144 square inch sign in the window of the home.
Commr. Bakich was not present for the vote.
PUBLIC HEARING #187-89-4 A to CP Kevin N. Burkholder
No one present in the audience wished to discuss this request for rezoning 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 A (Agricultural) to CP (Planned Commercial) and the amendment of a portion of an approved Ordinance CP #79-86, to allow office space and an enclosed storage area in conjunction with the operation of a convenience store.
PUBLIC HEARING #154-89-4 R-l-7 to CP Carolyn Perry
No one present wished to discuss this request for rezoning with the Board.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request, without prejudice, to allow commercial uses on the site.
Commr. Bakich was not present for the vote.
PUBLIC HEARING #162-89-4 RR to C-l William & Lucille Harper
No one present wished to discuss this request for rezoning 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 C-l (Rural or Tourist Commercial), to incorporate additional land (.75 +/-acres) to an abutting C-l (Rural or Tourist Commercial) parcel (6.9 +/-acres) to the south of the subject parcel.
PUBLIC HEARING CUP#89/9/2-3 CUP in M-l B. M. Webb
No one present wished to discuss this request for rezoning with the Board.
On a motion by Commr. Swartz, 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 M-l (Heavy Industrial), to allow a single-family mobile home on site for a caretaker's residence.
PUBLIC HEARING #174-89-3 A to RP Paul & Lucille Cislak
Ms. Lucy Cislak, applicant, appeared before the Board to discuss their reasons for wanting the rezoning. She stated that she would like to construct a duplex with garages, so that it would blend with the stilt home which has recently been built on the adjoining property. She reviewed with the Board the plan which she intends to use.
Commr. Gregg informed Ms. Cislak that the request is not in compliance with the County's present comprehensive plan which is why staff recommended denial.
On a motion by Commr. Swartz, 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 RP (Multiple-Family Residential-Professional) without prejudice, to allow the construction of a duplex with garages.
PUBLIC HEARING #166-89-3 A to RR Harold & Janet Daugherty
No one present in the audience wished to discuss this request for rezoning with the Board.
On a motion by Commr. Swartz, 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 RR (Rural Residential), to create two one-acre single-family residential homesites.
PUBLIC HEARING #184-89-3 Parcels "A", "B", & "C" from A to ER
Parcel "D" from A to AR Mary Ingram & Ted Burleson
Mr. Greg Stubbs, Acting Director of Development Coordination, noted that staff had recommended approval of this request for Parcels "A", "B", and "C" to RR (Rural Residential) instead of to ER (Estate Residential) and recommended approval of the AR (Agricultural Residential) for Parcel "D".
Ms. Annette Star Lustgarten, County Attorney, stated that the RR (Rural Residential) zoning has a larger lot use than the ER (Estate Residential) zoning, and would need to be readvertised for both of those uses, because the individuals who have received the rezoning notices rely on the density described in such notice. She stated that she prefers that the zoning districts that are requested or recommended are advertised as such.
Mr. Mark Ingram, agent for the applicants, stated that he was not aware that the staff recommended the RR (Rural Residential) zoning for the first three parcels, and would like it to remain in the requested zoning.
Mr. Alan A. Thelen, County Manager, noted that, if the Board takes action on the zoning district which was not advertised, there is a possibility that a suit could be brought before the County.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board postponed the request for rezoning of Parcels "A", "B", and "C" from A (Agricultural) to ER (Estate Residential), a total of 16.31 +/-acres; and the rezoning of Parcel "D" from A (Agricultural) to AR (Agricultural Residential), a total of 5 +/-acres, to create 2 l/4 acre and 22,000 square foot residential homesites, in order to readvertise Parcels "A", "B", and "C", to RR (Rural Residential), as well as what the applicant has requested.
Commr. Windram was not present for the vote.
PUBLIC HEARING #186-89-3 Amend A + CUP#922-3 to Delete Land
and Rezoning from A to C-2 Dennis L. Horton
Mr. Dennis L. Horton, applicant, appeared before the Board and stated that the property is adjacent to the Clermont city limits in a high growth area.
Commr. Swartz noted that there is no site plan provided for the staff recommendation for a CP (Planned Commercial) zoning district.
Mr. Greg Stubbs, Acting Director of Development Coordination, stated that staff was recommending denial of the request for the C-2 (Community Commercial) zoning and that the Board approve the request to CP (Planned Commercial), and the applicant be required to present a site plan when they are ready to establish the use.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend A + CUP#922-3 to delete land and rezoning from A (Agricultural) to CP (Planned Commercial), with the understanding that the applicant submit a site plan, to allow commercial uses on the site.
PUBLIC HEARING CUP#89/9/3-3 CUP in A Blaine & Brenda Haskin
Mr. Blaine Haskin, applicant, appeared before the Board to discuss the request for rezoning. He noted that he has a septic tank business out of his home, and is allowed to park one truck there. He needs the rezoning in order to park his second truck on the premises.
Commr. Swartz noted that there are some allowances under the agricultural zoning which allow for the parking of trucks for agricultural uses.
Ms. Annette Star Lustgarten, County Attorney, stated that the conditional use permit uses must be agriculturally related to the ongoing operation of the particular property. The General Provisions Section 70.42, of the Zoning Ordinance, addresses regulations for the parking, storing, and keeping of boats, buses, trailers, trucks, and commercial vehicles, which limits the parking of semi-trucks, trailers, and tractors in a thoroughfare or residential zone to two hours within a 24 hour period. In any district containing lots of five acres or more, the resident of the property may park only one bus, pole trailer, semi-trailer, trailer, trailer coach, truck, and/or truck trailer.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), to allow a home occupation for a septic tank business to include the storage of trucks and parts used in the business operation.
PUBLIC HEARING #169-89-3 R-l-7 to A Robert & Juanita Reed
No one present in the audience wished to discuss the request for rezoning with the Board.
Mr. Greg Stubbs, Acting Director of Development Coordination, appeared before the Board and stated that the staff and the Planning and Zoning Commission recommended rezoning to RA (Ranchette) in lieu of the A (Agricultural) zoning.
Ms. Annette Star Lustgarten, County Attorney, stated that the zoning densities are the same and the RA (Ranchette) zoning is more restrictive.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board postponed the request for rezoning in order to readvertise the rezoning request to RA (Ranchette), to allow agricultural uses on the site, and to reschedule the public hearing.
PUBLIC HEARING #171-89-3 R-l-7 to A Marvis & Vera Aleem
No one present in the audience wished to discuss the request for rezoning with the Board.
Mr. Greg Stubbs, Acting Director of Development Coordination, appeared before the Board and stated that the staff and the Planning and Zoning Commission recommended rezoning to RA (Ranchette) in lieu of the A (Agricultural) zoning.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board postponed the request for rezoning order to readvertise the rezoning request to RA (Ranchette), to allow agricultural uses on the site, and to reschedule the public hearing.
PUBLIC HEARING #172-89-3 R-l-7 to A David & Helen Dennis
Mr. Greg Stubbs, Acting Director of Development Coordination, stated that the staff and the Planning and Zoning Commission recommended rezoning to RA (Ranchette) in lieu of the A (Agricultural) zoning.
Ms. Helen Dennis, applicant, appeared before the Board and stated that they are selling their property with the condition that the agricultural zoning request is granted.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for rezoning from R-l-7 (Urban Residential) to A (Agricultural), as advertised by the Zoning Department, to allow agricultural uses on the site, and instructed staff to readvertise the property for the RA (Ranchette) zoning.
PUBLIC HEARING #183-89-3 RR to R-1-15 Janet J. Wagner
Mr. Larry Cramlett, with Ular Development Company, representing the applicant, appeared before the Board to answer any questions which the Board may have.
Commr. Swartz noted that he felt that the current RR (Rural Residential) is appropriate.
Mr. Cramlett stated that the property is directly across the street from other currently zoned R-1-15 (Residential Estates) and that the request is consistent with the property which is developed around it.
Commr. Gregg noted that the request is not in compliance with the comprehensive plan and that the R-1-15 (Residential Estates) zoning not a compatible rural density, it is an urban density.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates), to allow 15,000 square foot residential homesites.
Commr. Bakich was not present for the vote.
PUBLIC HEARING #179-89-3 ER to R-1-15 Ralph A. Eyman
Mr. Greg Stubbs, Acting Director of Development Coordination, stated that this piece of property was rezoned from A (Agricultural) to ER (Estate Residential) approximately 90 days ago.
Mr. Ralph A. Eyman, applicant, appeared before the Board and stated that when he was granted the ER (Estate Residential) zoning previously, he had requested R-l-7 (Urban Residential) zoning at that time, because that was the original zoning of the property. He noted that he would like to subdivide the property, and keep a portion of it for himself. He stated that he agreed to the ER (Estate Residential) zoning because it allowed for l/2 acre lots with eight feet of frontage. He was unaware that it required 125 feet of building site. He noted that his problem is with taking 330 feet, with his house in the middle, and come up with two lots of 125 feet of building site. He also stated that, he wanted some driveways to the rear of the property for two one acre lots, and was told by the Planning and Zoning Commission that he should go before the Board of Zoning Appeals to request a variance, to which he was unable to obtain. He noted that he would be willing to impose deed restrictions, of 3/4 acres, on the property, if necessary.
Mr. Eyman reviewed the plans of the lots on the property and the surrounding properties with the Board.
Mr. Stubbs noted that they had directed the applicant to the Board of Zoning Appeals for a lot width variance, which was, subsequently, denied.
Mr. Eyman questioned whether he could take the matter to court and go back on the grandfather clause to the R-l-7 (Urban Residential) zoning. To which Commr. Gregg responded that he could hire an attorney to p'ursue that matter.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from ER (Estate Residential) to R-1-15 (Residential Estates), to create 15,000 square foot residential homesites.
PUBLIC HEARING #181-89-2 C-l to RM James & Rose Marie Belcher
No one present in the audience wished to discuss this request for rezoning with the Board.
On a motion by Commr. Bailey, seconded by Commmr. Bakich 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 RM (Mobile Home Residential), to allow 5,000 square foot mobile home residential homesites.
PUBLIC HEARING CUP#225A-2 CUP in RP Agnes O'Neal
No one present in the audience wished to discuss this request for rezoning with the Board.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for a CUP in RP (Multiple-Family Residential-Professional), to place a second mobile home on the site for the replacement of a burnt out single-family residence.
Commr. Bailey was not present for the vote.
PUBLIC HEARING #177-89-l RR to R-1-15 George R. Holder
No one present in the audience wished to discuss this request for rezoning with the Board.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates), to allow 15,000 square foot residential homesites.
Commr . Bailey was not present for the vote.
PUBLIC HEARING #178-89-4 Parcel "A" from A to CP with C-l and
C-2 Uses; and Parcel "B" from A to AR Jerry Ellis
Mr. Steve Richey, attorney representing the applicant, appeared before the Board to discuss the request for rezoning. He stated that the AR (Agricultural Residential) request has 2.7 acres and the CP (Planned Commercial) request has 2 acres.
On a motion by Conmr. Windram, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for the rezoning of Parcel "A" from A (Agricultural) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) uses; and the rezoning of Parcel "B" from A (Agricultural) to AR (Agricultural Residential).
Commr. Bailey was not present for the vote.
PUBLIC HEARING #173-89-l A to RR James Cottom/William Catron
Mr. Mark Creech, a resident in the area, appeared before the Board to state his opposition to the rezoning request which would allow for additional homes to be constructed in the area.
Mr. Ted Wicks, representing the applicant, appeared before the Board to discuss the request with the Board.
On a motion by Commr. Bakich, 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 allow one acre residential homesites.
Commr. Bailey was not present for the vote.
PUBLIC HEARING CUP#89/9/7-5 CUP in A Roger & Angi Biederman
Ms. Angi Biederman, applicant, appeared before the Board to discuss the request for rezoning. She stated that she would like the rezoning to operate a beauty salon in their detached garage, which would be limited to one operator and one chair.
Ms. Annette Star Lustgarten, County Attorney, stated that a beauty shop does fall under the category of a professional customary home occupation.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), with amendments, in a detached garage, to allow a home occupation for a beauty shop.
Commr. Bailey was not present for the vote.
PUBLIC HEARING #182-89-5 AR to P.A Shane & Cristy Jones
No one present in the audience wished to discuss the request for rezoning with the Board.
On a motion by Commr. Bakich, seconded by Commr. Swartz 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 RA (Ranchette), to allow for the installation of a mobile home on the site as a single-family residence.
Commr. Bailey was not present for the vote.
PUBLIC HEARING #168-89-5 A to AR Phoebe & Helen Allicock
Mr. John Matthews, representing the applicant, appeared before the Board to discuss the rezoning request. He stated that the zoning was advertised as AR (Agricultural Residential) and they had wanted RR (Rural Residential) zoning.
Mr. Greg Stubbs, Acting Director of Development Coordination, stated that the applicant requested AR (Agricultural Residential) zoning when they came into the office, and that is the reason that it was advertised for that zoning district.
Mr. Benjamin Allicock, a relative of the applicant, stated that he had indicated to staff what they had proposed to do on the property and staff recommended the AR (Agricultural Residential) zoning. When they went before the Planning and Zoning Commission the Commission informed the applicant that there was not enough land for AR (Agricultural Residential), but it could be approved for RR (Rural Residential).
On a motion by Commr. Bakich, seconded by Commr. Windram and carried, the Board postponed the request for rezoning from A (Agricultural) to AR (Agricultural Residential) in order for staff to readvertise the request to the RR (Rural Residential) zoning, to create five 2 l/4 acre residential homesites.
Commr. Bailey was not present for the vote.
PUBLIC HEARING #188-89-2 Classification of Uses in C-l
Robert F. VanBuskirk
No one present in the audience wished to discuss the request for rezoning with the Board.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a classification of uses in the C-l (Rural or Tourist Commercial) zoning, to allow for the rental and sale of equipment (lawn and garden equipment, household appliances, etc.).
Commr. Bailey was not present for the vote.
PUBLIC HEARING #158-89-l C-2 & RR to CP Virginia Szentpetery
Ms. Virginia Szentpetery, applicant, appeared before the Board to discuss the request for rezoning.
Mr. Greg Stubbs, Acting Director of Development Coordination, stated that the requirement of a 15 foot buffer along the residential boundaries has been incorporated, and that the Landscape Ordinance would also apply.
Ms. Szentpetery presented the site plan for the Board's review. On a motion by Commr. Bakich, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) and RR (Rural Residential) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, for mini-warehouse storage with a conventional home for a caretaker's residence.
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 5:20 p.m.
ATTEST:
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK
LS/WP-4/10-26-89 11:41