A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 19, 1989

The Lake County Board of County Commissioners met in regular session on Tuesday, December 19, 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: James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; Annette Star Lustgarten, County Attorney; Ava Kronz, County Manager's Assistant: and Toni M. Austin, Deputy Clerk.

James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.

MINUTES

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of November 21, 1989, as amended.

CLERK OF COURTS CONSENT AGENDA

CLERK/BUDGETS/REPORTS

Mr. James C. Watkins, Clerk, made a brief presentation regarding the FY 89-90 Budget Document, stating that the document is being submitted to the Government Finance Officers Association, in order to pursue their distinguished budget award program.

Mr. Jim Schuster, Finance Director, appeared before the Board to discuss the budget document and presented a summary of the format and printouts contained within the document. Mr. Schuster directed the Board's attention to the transmittal letter from Mr. Watkins, and stated that this is the first time that Lake County has submitted the document for the GFOA award. At this time, Mr. Schuster made himself available to answer any questions, once the Board has had the opportunity to review the document in its entirety.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Tabs 11-17, for the following requests:

Accounts Allowed

Payment of Warrant #114950 through Warrant #115305, for the

following accounts:

County Transportation Trust General Revenue

Countywide Library Pasco Fire District

Section 8 Mosquito Control

Paisley Fire District Emergency 911 Fund

Countywide Fire District Mt. Plymouth Fire District

Bassville Fire District Northwest Fire District

Animal Shelter Trust Fund Private Industry Council

Law Library Fine & Forfeiture

Northeast Hospital Northeast Ambulance

Northwest Ambulance Road Impact

Landfills Aquatic Weed

Law Enforcement Trust Fund Revenue Sharing



Accounts Allowed/Courts-Judges

Satisfaction of Judgments for the following:

Case No. 89-1014-CJ, Reginald Smith & Mary Smith Cheese, $50.00



Case No. 89-1069-CJ, Adam D. Stelmaszyk & David & Marcella Stelmaszyk, $50.00



Case No. 89-1002-CP, Robert D. Peace, Juvenile, & Robert Peace & Wanda Peace, Parents, $50.00

Accounts Allowed/Assessments/Subdivisions

Thomas Holdings

Mason Lee II and Aledia H. Tush $3,980.82

Zebulon L. Osborne 8,069.14

Lee Roy Whidden 2,530.73



Golfview Subdivision

Barbara W. Birdsong $1,088.00

John T. Flanagan, Jr. 1,606.81



Harbor Shores Unit

0. H. Roberts $ 442.12

Bonnie Morley Wolgast 445.14



Mt. Plymouth

Ralph R. MacKenzie $1,015.59

Ralph R. MacKenzie 523.88



Astor Forest Campsites

John W. & M. Frances Rutherford $1,915.48

Walter P. Keel 971.39

Walter P. Keel 975.79



La Place Court

Calvin C. & Mary E. Scharr $5,392.24

Haines Creek Heights

Robert B. Reuter $ 754.76

Florence & Donald Maledon 1,346.25

Barbara Spurrier 861.80

Doris Maxine Summers 861.60

Robert Wm. & Yvonne Shaw 861.60

Hazel E. Cunningham 861.60

Joanne L. Dement 861.60

Basil T. Chaconas 1,211.63

Eula May Kennedy 861.60

Robert Foget 861.60

Teresa L. White 861.60

Edward & June Brant 806.65



Allen Road

Brian K. Showley & DeLynda A. Showley $ 902.68

Peter L. Lubs 895.66



Country Club View Subdivision

Silver Lake Golf & Country Club of

Lake County, Inc. $1,105.86

Silver Lake Golf & Country Club of

Lake County, Inc. 1,843.55



Sorrento Village

Alton Lamar Martin $2,111.95

James C. & Pauline Troupe 1,713.88

Richard S. & Phyllis Potter 1,231.66



Lake View Heights 2nd Addition

Frank L. & Louise Adams $ 423.09

Ocala Forest Campsites

Robert Laverne Smith & Viola

Elizabeth Smith $ 182.48

Robert Laverne Smith & Viola Smith 182.48

Robert Laverne Smith & Viola Smith 182.48



Hilltop Subdivision

Raymond A. & Sandra J. Jucha $1,021.38

Crest Haven Addition

James R. Saunders $ 821.87

James R. Saunders 786.66

Picciola Island

Ronald & Sandra Prather $ 337.56

Hilltop Subdivision

Robert J. Dodson Sr. & Carrie N. Dodson $ 787.93

Birr Park Subdivision

Jack S. & Marjorie S. Helton $2,551.59

Utilities

Acknowledged receipt of the Hearings on Load Forecasts, Generation Expansion Plans, and Cogeneration Prices for Northwest Florida's Electric Utilities, Final Order.



Miscellaneous

Acknowledged receipt of the Department of the Army, Public Notice, EPA/Army Mitigation Policy.



Miscellaneous

Acknowledged receipt of the Department of the Army, Notice to Navigation Interests Removal of Obstructions Miami, Harbor, Florida.



Clerk/Budgets/Reports

Acknowledged receipt of the FY 89-90 Budget Document, as presented by Mr. James C. Watkins, Clerk, and Mr. Jim Schuster, Finance Director.



COUNTY MANAGER'S CONSENT AGENDA

Discussion occurred regarding several of the items listed under the County Manager's Consent Agenda, Tabs 18-39. Commr. Windram addressed Tab 19, authorization of payment for an Orlando Regional Medical Center Inpatient Claim, under the Health Care Responsibility Act (HCRA), with Mr. Lonnie Strickland, Director of Health and General Services, being present to answer his questions.

Commr. Bakich addressed Tab 21, the resolution outlining the duties and responsibilities of the Animal Control Review Committee. At this time, Ms. Lustgarten suggested adding to the responsibilities, Section C, "A final written report to the County Commissioners with recommendations, including an estimate of costs and proposed changes."

Ms. Lustgarten discussed Tab 29, and requested that road easement over an existing drainage easement in Royal Trails Subdivision be pulled and approved separately, subject to the approval of the easement by the County Attorney.

Commr. Swartz discussed Tab 18, the request for authorization to accept the proposal from American Allied Aluminum to purchase Lake County wastepaper due to withdrawal of the proposal by Orlando Waste Paper Company. Mr. Don Findell, Director of Environmental Services, presented an explanation of the proposals that were received.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Tabs 18-39, excluding Tabs 21 and 29, as follows:

Contracts, Leases & Agreements/Environmental Services

Request for authorization to accept the proposal from American Allied Aluminum to purchase Lake County wastepaper, due to the withdrawal of the proposal by Orlando Waste Paper Company, and authorization for the Chairman to sign the completed contract.



Accounts Allowed/Public Health

Request for authorization of payment for an Orlando Regional Medical Center Inpatient Claim under the Health Care Responsibility Act (HCRA).



Accounts Allowed/Public Health

Request for authorization of payment for the monthly Medicaid Nursing Home bill, in the amount of $25,555.76; Medicaid Nursing Home Re-bill, in the amount of $385.00; and the Medicaid Hospital bill, in the amount of $52,676.95.



County Employees/Health Department/Resolutions

Request for signatures on the Resolution in appreciation of the services of Mary Zinion, R.N., an employee in the Lake County Health Unit.



Accounts Allowed/Planning & Development/Subdivisions

Request to release an Irrevocable Standby Letter of Credit, in the amount of $180,579.09, for performance for Scottish Highlands, Phases H, I, J, R, S, T, U, V, X, VV.



Accounts Allowed/Bonds/Subdivisions

Request to release a maintenance bond, in the amount of $2,027.50, for Myers Cove.



Accounts Allowed/Bonds/Subdivisions

Request to release a maintenance bond, in the amount of $5,209.16, fox Honeycutt.



Planning & Development/Subdivisions

Request to approve the construction plan and preliminary approval of Quail Ridge Estates plat.



Accounts Allowed/Subdivisions

Request for final approval of Sugarloaf Estates plat and acceptance of an Irrevocable Standby Letter of Credit, in the amount of $17,850.00, for performance.



Roads-County & State/Signs

Request to post 35 m.p.h. speed limit signs on Smitty Road, #l-7906.

Right-of-Ways, Roads & Easements/Subdivisions

Request to accept a road easement over an existing drainage easement, in Royal Trails Subdivision.



Deeds/Right-of-Ways, Roads & Easements

Request to accept the following Right-of-Way Deeds:

Raymond T. and Monica Mattiucci #l-7212 Griffin View Drive

Stephen J. and Berniece R. Popiel #l-7212 Griffin View Drive



Roads Closings - Approval to Advertise

1. Request to advertise Petition No. 575, from Elsie and Benjamin Rainey, to vacate toad and lots - Plat of Lakeview Park.



2. Request to advertise Petition No. 578, from Omer Schrock (Hall, Farner & Associates, Inc.), to vacate portion of Plat - S.B. Hewitt's Land (Sub-Division), Tavares area.



3. Request to advertise Petition No. 579, from Elsie P. Attalla (c/o Potter & Vason, Attorneys-at-Law), to vacate a portion of North Road, Pine Acres on Lake Dorr Subdivision, Altoona area.



4. Request to advertise Petition No. 580, from Eugene A. or Judith K. Hannu, to vacate a portion of unnamed easement plat of Green Acres, Clermont area.



5. Request to advertise Petition No. 581, from Raymond W. or Dani Dupont, to vacate drainage ditch easement, Sorrento Shores, Eustis area.



6. Request to advertise Petition No. 583, from Kermit M. Clay, President of Edge Realty Company, to vacate unnamed road, Plat of Groveland Farms, Groveland area.



7. Request to advertise Petition No. 584, from Curtis W. and Bertha J. Lucas, to vacate portion of Dora Street and Lots, Town of Astor.



8. Request to advertise Petition No. 586, from Elaine Kopach, to vacate unnamed road, Lake Highlands area.



9. Request to advertise petition No. 587, from Constance Howell, to vacate a portion of Daytona Street, Sunset Hills Subdivision, Socrento-Mt. Dora area.



Committees/Resolutions

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved to amend the proposed Resolution outlining the duties and responsibilities of the Animal Control Review Committee, as follows: Section C - "To submit a final written report to the County Commissioners, including an estimate of costs and any proposed changes."



On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the above Resolution, as amended.



Right-of-Ways, Roads & Easements/Subdivisions

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request to accept a road easement over an existing drainage easement in Royal Trails Subdivision, subject to final approval of the easement document by the County Attorney.



COUNTY EMPLOYEES/COUNTY MANAGER

Ms. Ava Kronz, Assistant to the County Manager, stated that the Board may wish to postpone the discussion regarding the creation of a Recreation Coordinator, the role of the position and budget requirements, until the January 9, 1990, meeting.

Commr. Swartz stated that he would like to look at the creation of the additional position, which would be secretarial, to see whether or not there are any alternatives, such as pact-time positions.

At this time, this item was postponed until January 9, 1990.

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the proposed contract to develop a Stormwater Management Master Plan and Stormwater Utility. Mr. Findell stated that the Plan will inventory existing drainage facilities, identify system capacities and deficiencies, establish maintenance standards, identify needed drainage system improvements to control flooding and reduce water pollution, determine improvement costs and provide the basis foe the drainage element of the Comprehensive Plan. The Stormwater Utility will establish a mechanism to pay for drainage improvements and stormwater management system maintenance.

Mr. Findell stated that the Consultant Committee met on December 14, 1989, to interview short-listed firms: The firms were ranked as follows:

1. Camp, Dresser and McKee

2. Dames and Moore

3. Glace and Radcliffe



On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved to negotiate a contract with Camp, Dresser and McKee, to develop a Stormwater Management Master Plan and Stormwater Utility.

ANIMAL CONTROL

Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board to discuss the request from Animal Control to apply for a State Animal Control Pharmacy Permit, with Mr. James C. Watkins, Clerk, informing the Board that the receipting and invoicing will come through the Purchasing Department.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request from Animal Control to apply for a State Animal Control Pharmacy Permit.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

ROADS-COUNTY & STATE

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award East-West Connector Surveying Project to Farner-Barley & Associates, Inc., at a cost not to exceed $14,000.00.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase six computer systems from MB1 Computers, at a cost of $30,350.00, low bid.

PUBLIC HEARINGS - ROAD CLOSINGS

PETITION #557 - Arthur E. L Brenda J. Enz - Montverde Area

Mr. Jim Stivender, Director of Public Works, informed the Board that this request was postponed foe 90 days, in order to allow additional right-of-way to be acquired.

Mr. Arthur Enz, petitioner, appeared before the Board and stated that the easement was established in 1915 and runs through his neighbors' home. Mr. Enz stated that the neighbors have signed a petition to approve the request.

No one appeared in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Petition No. 557, for Arthur E. and Brenda J. Enz to vacate an unnamed road, Vinola Gardens, in the Montverde area, as advertised.

PETITION #565 - William E. L Amber D. Sillery - Treasure

Island Shores

Mr. Jim Stivender, Director of Public Works, informed the Board that this allows access to a canal, with the County having no plans to proceed with improvements on this segment of right-of-way.

Mr. Ross Gatlin appeared before the Board and stated that he resides on the opposite side of the street. He further stated that he was speaking in behalf of himself and his neighbor, Mr. Bill Stone. Mr. Gatlin stated that he is a qualified appraiser, and discussed the request from a standpoint of a property appraisal. He stated that in 1979, a petition was denied to close the north side, on the basis that the 60 foot right-of-way may be needed for future development. He further stated that there used to be a bridge that connected both sides. Mr. Gatlin stated that he did not feel that the reason given for the closing, to add to the square footage of the lot to make it more buildable, is a valid reason for the request. He stated that he felt the right-of-way will be needed by the County in the future to ease the one-way traffic in the subdivision, and therefore, he is opposed to the closing. He further stated that, should the Board approve the request, it should realize the value of the land that will be granted to the petitioner.

Mr. Stivender stated that the County policy is not to discuss the purchase of the right-of-way during the closing. He stated that, should a bridge be built, it would cost approximately $80,000.00 to $lOO,OOO.OO.

Mr. Gatland questioned the difference between dedicating the property to the public and deeding the right-of-way to the County, with Ms. Annette Star Lustgarten, County Attorney, stating that both have the same effect.

Ms. Amber Sillery, applicant, appeared before the Board and addressed the issue of the property abutting the road, and the lot size. She discussed the location for the proposed home, in relation to the road. She then discussed the possibility of a bridge, and indicated that she would not be opposed to the construction of one, but the County does not have the intention of paying the expense of constructing a bridge, in order to allow the public to go back and forth from the neighbors' yard.

Mr. Miley stated that the bridge has not been there for over 20 years, and that a nice bridge would have to be built to accomodate the larger boats. He discussed the County closing the bridge and giving a Quit Claim Deed to the people, with the property being placed on the tax roll, to earn the County money. Mr. Miley stated that, should the area be left as public property, it may be abused, become a nuisance to the neighborhood. He stated that, for the benefit of the County, it should be closed, and assessed for the County to earn money.

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved Petition No. 565, for William E. and Amber D. Sillery, to vacate street, Treasure Island Shores, as advertised.



PETITION #566- Robert E. Lee - Lady Lake Area

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

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved Petition No. 566, for Robert E. Lee (Mr. Taylor), and James Oliver (Orange Blossom Realty), to vacate portion of easement Orange Blossom Gardens, Lady Lake area, as advertised.

PETITION #570 - Jerry Fuller - Eustis Area

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

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved Petition No. 570, for Jerry Fuller, to vacate utility easement, Raintree Harbor, Eustis area, as advertised.

PETITION #571 - James Albright - Phillipsburg Plat

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

On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board approved Petition No. 571, foe James Albright (Albright's Kennel), to vacate roads and lots, Phillipsburg plat, as advertised.

Commr . Bailey was not present for the vote.

PETITION #574 - Linda & Tim Gwaltney - Plat of Lisbon

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

On a motion by Commr. Bakich, seconded by Commr. Windram and carried, the Board approved Petition No. 574, foe Linda and Tim Gwaltney, to vacate unnamed roads in the Plat of Lisbon.

Commr. Bailey was not present for the vote.

ACCOUNTS ALLOWED/MUNICIPALITIES/SIGNS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request made by the City of Tavares to reface Stop signs and Speed Limit signs, at a cost of $5,552.50.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request to execute change order #l to project #6-88, C-473 Widening and Resurfacing, to substitute thermoplastic paint in place of inlaid tape for the striping of "Part B", at a reduction of $6,000.00.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

PETITION #573 - Waterwood, Inc. - Bassville Pack

Mr. Jim Stivender, Director of Public Works, stated that the recommendation for this request is denial, and discussed future special assessment projects in this area. He stated that, should this be closed, there would be no access.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request to advertise Petition No. 573, for Waterwood, Inc., c/o Robert J. Zahradnik, to vacate a portion of Willow Avenue, Haines Lake Estates, Bassville Park.

PETITION #582 - David R. & Barbara Ann Fox - Deland Area

Mr. Jim Stivender, Director of Public Works, stated that the recommendation is approval with a turn around installation.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request to advertise Petition No. 582, for David R. and Barbara Ann Fox, to vacate a portion of South Sequoia Way and Lots 17-21 inclusive, Royal Trails, Deland area.

SUITS AFFECTING THE COUNTY

Ms. Annette Stat Lustgarten, County Attorney, reported to the Board that the Greater Orlando Aviation Authority has appealed the decision of the County Commission sitting as the Board of Adjustment, regarding the issuance of the building permits for radio towers. Ms. Lustgarten stated that she will be representing the County in this matter.

Commr . Gregg reported for the record that the Board voted on the zoning issue July 18, 1989, with one of his employees having contact with the radio station on September 26, 1989, which indicates a considerable difference in time between the vote on the issue and a contract being executed with his company.

COMMITTEES/COURTHOUSE/JAILS

Under Commissioner's business, Commr. Gregg discussed memorandum requesting approval or the concept or the proposed eight courtroom Courthouse Building, and approval of the Criminal Justice Facility Financial Plan. In speaking for the Jail Task Force Committee, Commr. Gregg stated that the Committee unanimously supported the eight courtroom building, after reviewing the amount of leased office space presently being utilized by the County, including requests that are presently being made for space.

Mr. James C. Watkins, Clerk, discussed the sales tax issue, which would provide for the Criminal Justice Complex, with the major concern of the Committee being whether or not the funding was available.

Commr. Gregg discussed the offices that would be located within the courtroom complex. He stated that approximately one quarter of a million dollars would be spent annually on leases by 1991.

Mr. Mike Anderson, Director of Capital Improvements, stated that the County leases approximately 36,000 square feet of office space, at a cost of $214,500.00 per year. Over 30,000 square feet is in the immediate Tavares area, at a cost of $176,000.00 per year. With the present shortage for both office and warehouse space, and with the rate increases the County is already committed to contractually, over $250,000.00 per year will be spent, and over $200,000.00 per year in Tavares, within the next three to four years.

Commr. Gregg stated that the intention is to utilize a portion of the old jail for the Sheriff's Administrative Offices, along with other offices. He stated that the architect is looking at the feasibility of the renovation, with the Jail Task Force Committee making a recommendation to the Board in approximately 90 days.

Mr. Jim Schuster, Finance Director, stated that, originally, there was a proposed budget for $52,460,000.00 for the Criminal Justice Complex, and that a financial plan has been submitted to the Board in the amount of $48,734,000.00. Mr. Schuster stated for the record, that the previous financial plan assumed that the County would be taking out the cash bond reserve on the insurance policy, but he had received information from the bond insurance agencies that they are declining to issue a policy at this time. Uncertainties in the State forecast on the infrastructure sales tax has left the County with some concern, and in order to accommodate this, the financial plan was modified. Mr. Schuster stated for the record that approximately 1.3 million dollars has been used out of Federal Revenue Sharing Fund for land costs and building costs from Hellmuth, Obata & Kassabaum (HOK). Excess sales tax will not be available until 1991-1992.

PLANNING & DEVELOPMENT/ORDINANCES

At 10:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance amending Chapter 6, Building and Construction, to expand the scope of work permitted by an aluminum erection contractor.

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

Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board and discussed the proposed ordinance, which resulted from the State changing some of the specifications for aluminum contractors. Mr. Swanson stated that the ordinance proposes that the existing aluminum contractors will be grandfathered in, but will require a testing of future aluminum contractors, in order to establish their competency in this field.

Commr. Gregg questioned Pages 3 and 4 concerning wood framing, with Mr. Jack Bragg, Building Official, stating that this would not be allowed under this ordinance.

Mr. Archie Lowery, Attorney, appeared before the Board in support of the ordinance, but discussed contractors who presently have outstanding contracts for glass enclosures and family rooms to mobile homes. He suggested adding the words "glass enclosures/glass porches", as far as limited to, and as fat as the wood framing is concerned, add that they can do wood framing incidental to screen porches, screen enclosures, glass enclosures, and glass porches.

Mr. Jack Bragg discussed the request from Mr. Lowery and stated that it would be necessary for the contractor to obtain a Class C license.

Ms. Annette Star Lustgarten, County Attorney, stated that the proposed ordinance before the Board tracks the State regulations very specifically.

Mr. Lowery stated that the title of the category is certification specialty. He stated that he is not asking for certification, and is asking for registration, which is up to the governmental board to decide what a contractor can perform locally.

Ms. Lustgarten stated that the language currently grandfathers in those people who have aluminum erection contract licenses, which are limited to this scope of work.

Commr. Gregg discussed the matter of contractors who presently have contracts, stating that they will not be able to live up to the contracts, if they are grandfathered in under this ordinance. As an alternative, he suggested allowing language in the ordinance for the contractor to continue his work under a specific time frame, allowing him reasonable time to register locally as a residential contractor, or to obtain a State certified Class C license.

Ms. Lustgarten stated that the prime provisions did not permit that particular type of structural work, and the goal of this ordinance was to permit the work that the majority of aluminum contractors have been performing. The concern is with structural work, because of the health and safety factor.

Ms. Lustgarten stated that it would be more beneficial for the Board to adopt the ordinance and have it effective as soon as possible, with a provision for those individuals who are doing certain types of work to be required to obtain the necessary license within a fixed period of time.

Mr. Swanson stated that the County has a list of those registered contractors on file, and that he felt that a one year time frame would be more beneficial, in order for them to get licenses, and to become registered.

Mr . Bragg stated that a minimum time of six months would be necessary, in order for a contractor to take the exam.

Ms. Lustgarten suggested the following language to be included in the proposed ordinance: "Those aluminum erection contractors currently doing structural woodwork for habitable rooms who can demonstrate their experience and competency within Lake County, may continue to do said work, but shall be required to obtain the required contractor's license within one year of the effective date of this ordinance."

Mr. Storm Kern, aluminum specialty contractor, appeared before the Board and stated that he performs most of his work within in a municipality, mostly Lady Lake. He stated that all of the work is inspected by the County, or the local Building Department. He discussed the "catchall" for work performance and inspections, and stated that he would like to continue to do structural work, habitable or otherwise, due to having three contracts inhand for this type of work.

Mr. Lowery stated that the Regulation Administrative Code that the ordinance as written after, is under certification, and that the discussion was registration at the local level. The contractors do not want to be certified contractors at the State level. He stated that the Class C exam is difficult, and did not feel that this would be fair to make this a requirement.

Mr. Quinton Downing, Downing Aluminum, appeared before the Board to addresss aluminum contractors performing electrical services.

Ms. Lustgarten stated that, when the new ordinance is written for the framing contractor, it will indicate that they shall not be subject to the provisions of the amendment to the aluminum contractor provision, and that they take the necessary tests to become licensed.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and adopted Ordinance 1989-13, as amended by the County Attorney, and as placed on its first and final reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 6, BUILDING AND CONSTRUCTION, TO EXPAND THE SCOPE OF WORK PERMITTED BY AN ALUMINUM ERECTION CONTRACTOR TO INCLUDE LIMITED WOOD STRUCTURAL CONSTRUCTION; PROVIDING FOR AMENDMENT TO ARTICLE IV, CONTRACTORS, DIVISION 2, NONSTATE CERTIFIED CONTRACTORS, SECTION 6-95, CLASSIFICATIONS, EXAMINATIONS, ETC., SUBSECTION (b)(l), ALUMINUM ERECTION CONTRACTORS; PROVIDING THAT ALUMINUM ERECTION CONTRACTORS HOLDING A VALID LAKE COUNTY LICENSE SHALL NOT BE REQUIRED TO BE RETESTED: PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE: PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



COMMITTEES/COURTHOUSE/JAILS (CONT'D.)

Commr. Swartz stated that he has some concerns with the Criminal Justice Jail Facility, such as the operational costs for the buildings, and the space study not being completed. He stated that the County does not know what will be done with the Old Jail. He further discussed the squace footage of space that is presently being leased, and storage space that could be utilized for office space. Commr . Swartz further stated concerns with the tremendous costs and needs in the alrea of solid waste disposal. He stated that part of the original sales tax was to help defray this cost of disposal.

Discussion occulrlred cegacding the shortfall in the sales tax, with Mr. Jim Schuster, Finance Director, stating that there has been a two month lag between the actual remittance of funds from the State. He stated that the actuals are now in for the FY 1989. He futher stated that he has communicated with the Department of Revenue, which is presently investigating their methodology used for the forecast that had been presented for Lake County.

Commr . Gregg stressed the importance of tracking the projects together, in order to keep from duplicating costs of architects and contractors.

On a motion by Commrr. Windtam, seconded by Commr. Bakich and carried, the Board approved the recommendations made by the Jail Task Force Committee, as follows: the concept of the proposed eight courtroom Courthouse Building, and the Criminal Justice Facility Financial Plan.

Commr . Swartz voted "no".

COUNTY PROPERTY/CONTRACTS, LEASES & AGREEMENTS/JAILS

Commr . Bakich made a motion, which was seconded by Commr. Swartz, for the Board to approve the request folr authorization to negotiate with the owner for three parcels of property along Sinclair and Maud Streets.

Mr. James C. Watkins, Clerk, informed the Board that it had been brought to his attention that the gas station, which is access the street fcom the Old Courthouse, is for sale. He stated that the Board may wish to direct Mr. Al Thelen, County Manager, and Mr. Mike Anderson, Director of Capital Improvements, to pursue this, in addition to the above property.

Commr. Bakich amended his motion to include the additional property, with Commr. Swartz amending his second.

The Chairman called for a vote on the motion, which was carried unanimously, for the Board to negotiate the purchase of all the above mentioned properties.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT

RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the appointments of Greg Homan and Rosi Mulholland to the Planning and Zoning Commission, to represent District 3 for the balance of the current two year term ending the last day of February, 1991.

Included in the motion was approval of the preparation of a resolution of appreciation for Mr. Jay Vander Meer, in recognition of his 22 years of service to Lake County and the Planning and Zoning Commission.

Commr. Windram was not present for the vote.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES/RESOLUTIONS

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board approved the resolution to Lucie Knox for service on the Lake County Library Board.

Commr. Windram was not present for the vote.

ENVIRONMENTAL SERVICES/CONTRACTS, LEASES & AGREEMENTS

GRANTS

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board appcoved the request for the execution of grant agreements with the Florida Department of Environmental Regulation, for the FY 89/90 Recycling and Education Grant Program and Waste Tire Program.

Commr. Windram was not present for the vote.

COUNTY EMPLOYEES

Commr . Bakich introduced to the Board Ms. Eleanor Anderson, Executive Director of Administcative Services/Management and Budget, and welcomed her to Lake County.

RECESS & REASSEMBLY

At 11:25 a.m., the Chairman announced that the Board would recess for lunch and the groundbreaking for the new jail facility, and reconvene at 2:00 p.m. for rezoning.

ZONING

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board appcoved the request for postponement in Case #210-89-2, F. Browne Gregg, until January 23, 1990, at 2:OO p.m., or as soon thereafter as possible.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board appcoved the request for withdrawal in Case #238-89-2, Murray Turetsky.

PUBLIC HEARING #196-89-2 C-2 & RP to MP Town and Country

Refuse, Inc.

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that this case was postponed from the last Board meeting, November 21, 1989.

Mr. Roland Schmidt, General Manager of Town and Country Refuse, Inc., appeared before the Board and stated that the business has been in this location for 22 years. He stated that, in order to comply with the new requirements in the ordinance for solid waste, a rezoning application needed to be made. He stated that the request will not cause any changes to the operation of the business.

No one appeared in opposition to the request.

On a motion by Commr. Bailey, 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 C-2 (Community Commercial) and RP (Residential Professional) to MP (Planned Industrial), with conditions as outlined by the staff, to allow operation of a cefuse company on site.

ZONING

Ms. Cecelia Bonifay, Attorney, appeared before the Board and made a request foe the following cases to be merged with the new cases requesting PUD's:

Old Case # Petitioner New Case #

#96-89-4 Ramapo Ranch #229-89-4

#97-89-4 Peter Neubauer #229-89-4

#98-89-4 Mark Carson (same)

#99-89-4 Bahata Fruit Co. #228-89-4

#lOO-89-4 Bahata Fruit Co. #230-89-4

CUP89/5/5-4 Ernest Maddy #228-89-4

Discussion occurced regarding the pcoceduce to be used, as far as merging the cases and moving them up on the agenda to be heard at the same time. Ms. Annette Star Lustgarten, ceminded the Board that all of the hearings have been scheduled for 2:00 p.m., and that the Board has the option of amending the agenda.

The Board agreed to merging the cases and moving them up on the agenda, to be heard at this time.

Commr . Swartz was not in favor this option.

PUBLIC HEARING #229-89-4 A to PUD Cecelia Bonifay

Ms. Cecelia Bonifay, Attorney cepesenting the landowner, appeared before the Board and stated that, due to the concerns expressed about development within the Wekiva Basin, the requests have been modified. Ms. Bonifay stated that the density on this particular project is one unit foe ovec one acre net, and gross density of one unit to one and one-half acre.

It was noted that the Planning and Zoning Commission had recommended denial of #96-89-4, and approval of #97-89-4.

Mr. Greg Beliveau, Land Planning Group, appeared before the Board to pcesent a clarification of the density counts.

Ms. Debra Shelley, Depactmental Specialist and Manager of the Wekiva River/Aquatic Reserve, Department of Natural Resources, appeared before the Board to discuss the request, and stated that DNR has been following the proposals closely on the Wekiva Basin. Ms. Shelly stated that she had a concern with the projects being premature, ln respect 110 rile Wekiva Amendment Proposal. She stated that the request is inconsistent with the existing Comprehensive Plan, in two policies, The Urban Containment Policy, and the policy to guide ucban growth in those aceas that already have urban growth.

Ms. Mary McKee, Winter Park, appeared before the Board and stated that she owns property in the Wekiva area, and concurs with Ms. Shelley that the request is not consistent with the present Urban Containment Policy. Ms. McKee discussed the number of septic tanks and wells to be provided in the proposed development.

Mr. Walter Freyburger, representing the Oklawaha Audebon Society, appeared before the Board and discussed the history published in the newspaper within the last few months regarding the Wekiva. He stated that he objects to the rezoning. Mr. Freyburger further stated that the Board voted unanimously for a moratorium on the development in the Wekiva, and requested that no exception be made today.

Commr. Gregg stated that, until the moratocium is enacted, the Board must hear and take action on any issue bcought before them.

Commr. Bakich stated that, even undec the proposed amendments, the proposed density is allowed that the State is in agreement with.

Ms. Cecelia stated that, in the net calculation, the open bodies of water and road right-of-ways are being taken out. Mr. Beliveau discussed the present surcounding zoning, which have a one to one pre-existing in the area, and that under the current Comprehensive Plan, this is considered rural density.

Commr. Swartz stated that he feels this is urban sprawl, and that this does not meet the Comprehensive Plan, either in the Land Use Section, or the Conservation Section.

Commr. Gregg stated that he would like to see the access to commercial be internal, which has been required in other PUD's.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the amendment to require access internally to the commercial area.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), as amended, to allow a single-family residential development.

Commr. Swartz voted "no".

PUBLIC HEARING #98-89-4 A to AR Mark Carson & Canteen Foods

Ms. Cecelia Bonifay, attocney representing the applicant, appeared before the Boalrd and stated that the pcoject involves a fifteen acre tract, with two and one-quarter acre lots, and is adjacent to Gatwick I subdivision, which is already in existence.

No one appeared in opposition to the request.

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 foe rezoning from A (Agricultucal) to AR (Agricultural Residential).

PUBLIC HEARING #228-89-4 A to PUD Cecelia Bonifay

Ms. Cecelia Bonifay, attorney, appeared before the Board to discuss the request. Ms. Bonifay stated that she is requesting straight rezoning, and has reduced the density even further. She stated that the peat mine was originally pcoposed as a CUP, with the conditions that would be anticipated under the new mining ordinance, which are now being incocporated, and ace to become a pact of the PUD ordinance.

Mr. Greg Beliveau, Land Planning Gcoup, addressed the Board and stated that the amount of units for the proposed project has been reduced by ten mote lots, with the phases responding to the reduction. At this time, Mr. Beliveau explained the operation that will be taking place on the property, and which accesses off of State Road 46 and State Road 46A.

Ms. Mary Beatty, owner of property west of Gatwick II, appeared before the Board and stated for the record that she was granted access from the northwest and southwest cul-de-sacs.

Ms. Mary McKee appeaced before the Board and stated that she has questions about this property, because it is located within the Wekiva River Protection Area. Ms. McKee stated that she felt that the property will not be rural, and it is inappropriate for the location, and does not follow the current Urban Containment Policy of the present Comprehensive Plan. She further had questions about the impact of wells, and stated that this is close to the place where saltwater is coming through individuals' wells. She questioned whether oc not any testing has been done to show the impact in the area. Ms. McKee informed the Board that Ms. Joan Irwin, Okaloosa Trail, could not appear today, but wished for the Board to know of her concern for the development being proposed in the Wekiva area.

Commr. Windram discussed the studies that had been prepared by one of the State agencies, which indicated that it did not create a problem, as far as the intcusion of the saltwater.

Commr. Windcam stated that he would agree to no development in this area, and go even as fat as doing away with what is located there now. He stated that his feeling is that you should buy it, and not legislate people out of their property rights. Commr. Windram discussed the State purchase of land in the Wekiva Protection Area, and his concern foe the property owners who own small amounts of acreage in this area.

Ms. Bonifay stated that the rezoning is compatible with the current Comprehensive Plan and the surrounding zoning.

Mr. Beliveau stated that the applicant went through the PUD process, which involved two DRC heaxings, where the aspects of wells, septic tanks, and stormwater were heavily addressed by staff.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), to allow a single-family residential development.

Commr. Swartz voted "no".

PUBLIC HEARING #230-89-4 A to PUD Cecelia Bonifay

Ms. Cecelia Bonifay, attorney, appeared before the Board and stated for the record that, although she is the agent for all of these projects, this project, which is in proximity to Bahata Groves and Gatwick II, is in no way connected, they have no common scheme.or deveiopment, there is no common marketing plan, and they do not have the same developer.

Mr. Greg Beliveau, Land Planning Group, addressed the Board and stated that there is no impact to the wetlands, although there are some on site, which have been retrained and buffered.

Ms. Debra Shelley, Department of Natural Resources, appeared before the Board and stated that the Board may want to address the proximity of the projects being in the State Road 46 and State Road 46 area.

On a motion by Commr. Windram, seconded by Comma. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), to allow a single-family residential development.

Commr. Swartz voted "no".

PUBLIC HEARING #242-89-l C-2 Uses Carl White

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that he had just received a request for withdrawal of this petition.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the withdrawal of the request for classification of uses in C-2 (Community Commercial), to allow a recycling operation/collection point for aluminum, plastics and glass.

PUBLIC HEARING #200-89-3 A to M-l Viola Guthrie

Ms. Julia Faye Rogers, real estate agent, appeared before the Board to discuss the request. She stated that letters were sent from surrounding people in the area that were in favor of the rezoning. Ms. Rogers stated that, years ago, the property was zoned M-l, with the owner having it rezoned to agricultural. She requested the Board to consider MP zoning, and presented pictures of the plans that the garbage company proposes.

Commr. Swartz requested that, no matter what the result of this rezoning case is today, Mr. Greg Stubbs, Chief of Development Coordination, should consult with Code Enforcement regarding the condition of the property, and have the owners clean it up . He further stated that the surrounding property is predominantly residential.

Ms. Rogers stated that the applicants are planning on purchasing an adjacent piece of property, which is zoned M-l, to start the business.

Commr. Swartz explained that the piece of property already zoned M-l is adjacent to the other M-l property, and further away from the existing residential property.

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 denied the request for rezoning from A (Agricultural) to M-l (Heavy Industrial), to allow storage of trucks and equipment on site.

PUBLIC HEARING CUP#89/10/1-3 CUP in A John R. Arnold

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that additional language had been formed as an amendment, as follows: "That this use be permitted only as a bonafide agricultural use, and not a commercial sludge operation."

No one was present in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the additional amendment, as stated by Mr. Stubbs.

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 lcequest for a CUP in A (Agricultural) for production of hay and application for sludge to hayfields and groves, as amended.

PUBLIC HEARING #212-89-2 A to PUD Ahmed Eldifrawi

Mr. Greg Beliveau, Land Planning Group, representing the owner and developer, appeared befoce the Board to clarify points of the project. Mr. Beliveau stated that the owner will be residing in Lake County on a piece of property near the one being discussed today. He further stated that there will not be a restaurant on the property, but a clubhouse. There is also no intention for a shopping center. Access will be internal. Mr. Beliveau discussed the limited commercial uses, and the recreational facilities. Mr. Beliveau stated that there ace curcently thcee impacts to the Outstanding Florida Waters (OFW), which presently exist and were there when the property was an orange grove. Those will be improved when the project is done, with the existing contamination, that currently flows into the lakes, being put to a stop. The owner will comply with all of the OFW and Lake County requirements. The conservation easement will be maintained and will be dedicated to the County, to contcol impacts in the arrea. The project is well drained, and the property is encased on three sides with urban nodes. Mr. Beliveau discussed the current densities in the area, with the net density for the project being less than one to one. He stated that, regarding the urban node criteria, the owner does comply with the Land Use Element.

Mr. Simon Brown appeared in opposition to the request. He stated that he is not in favor of making an urban acea into a rural area.

Mr. Earl Fisher, Cherry Lake Road, appeared before the Board in opposition to the request, and discussed acticles that had been written in the newspaper about the owner of the property, and his proposals. Mr. Fisher discussed the area being cural, and a petition he had obtained within a two mile radius. He further discussed his concerns with the toad access, the existing boat dock, and the impact of traffic on Highway 19.

Mr. A. N. Fox appeared before the Board in opposition to the request, and discussed the safety of turning off of Highway 478, Cherry Lake Junction, and the impact of tcaffic. He also stated concerns with the possible increase in the crime rate and the effects on Cherry Lake Road. Mr. Fox stated that this area has always been citcus, and he supports the citrus farm area.

Mr. Jim Shoenberger, Cherry Lake, appeared before the Board and stated that his concern involved the lakes and river being designated one of Florida's Outstanding Waterways. Mr. Shoenberger stated that he is also concerned with the development of the houses that will be polluting the lakes, the impact on the roads, and the overall environmental impact.

Discussion occurred cegacding the allowed square footage on the proposed lots within the development, in relation to the surrounding development.

Mr. Beliveau discussed the waterway concern, the traffic issue, the soils and septic tanks, in relation to the lakes, and the road improvements, which will be in Phases three and four.

Mr. Dick Simmons, owner of 160 acres, appeared before the Board in opposition to the request. He stated that the project is not in connection with Cherry Lake at all. Mr. Simmons stated that placing 1,000 people in this area is not going to improve the quality of the Clermont Chain-of-Lakes. He further stated that he did not feel that changing the intersection of Highway 19 is going to do much for the increase in traffic on Highway 19 and Cheery Lake Road. He further stated that he objects to the project as proposed, because the area is primaxily agricultural, and it is not a place to spot an area of high density.

Mr. Beliveau discussed the traffic study that has been prepared for the acea of development.

Commr. Bailey discussed the projects that have been proposed in his district, and stated that he would like to see quality development, and that he does not favor the five acces that people wish to promote in the district. Therefore, he supports the request.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development).

Commr. Swartz voted "no".

PUBLIC HEARING #208-89-4 A to RR Jon Hall

Ms. Cecelia Bonifay, attorney representing Mr. Hall, appeared before the Board and stated that the applicant originally bought the property to live on, but instead he has decided to develop it. The request involves 145 acres on Wolf Branch Road. Ms. Bonifay.stated that the staff has found that this is compatible with the Land Use Plan, and is consistent with the surrounding zoning. She discussed the surcounding zoning, and stated that there will be a development of only 99 lots in RR zoning, which is under one unit per acre.

Ms. Bonifay further stated that toad amenities will be developed, including water and active ,recreational amenities. It had been developed with one entrance off of Wolf Branch Road, with this to be redetermined by Engineering, from a public safety standpoint.

Mr. Randy Chavis, Jr. appeared befoce the Board in opposition to the request, and stated that the request is going against several of the recommendations of the Land Use Plan, one being to maintain agricultural and an open space buffer. He stated that most of the residents in the area bought the property for the purpose of cattle ranches, horse farms, and he feels Mr. Hall is going against the plan foe this area. Mr. Chavis discussed the petition with 88 names that he had obtained within a two mile radius. Mr. Chavis stated that he objects to the development of a subdivision in the middle of an agricultural area.

Mr. Reggie Kinsdale, fciend of the applicant, appeared before the Board and discussed the proposed plans that Mr. Hall had when he purchased the property. Mr. Hall had intended to build on 20-30 acres, and purchased the adjacent acreage of property, in order to protect his interest in his property. Mr. Kinsdale stated that he did feel that the use proposed is not compatible with the Comprehensive Plan, with RR being a rural use. Mr. Kinsdale stated that he felt there ace two issues for the Board to consider, if the land use changes. One issue would be the change of the characteristics of the area, and the other being the impact on the traffic and stormwater. Mr. Kinsdale stated that, if the Board approved the request, the County would be extending urban uses into a rural area. He stated that he would appreciate consideration for denial of the request, in order to allow the natural trend of development that is occurring along Wolf Bcanch Road. Mr. Kinsdale stated that one other option would be for: the Board to delay action of the request, to allow Mr. Hall the opportunity to meet with the property owners, to possibly negotiate an agreement where everyone will be comfortable, which would be setbacks, and consideration of the 2 l/4 acre lot issue.

Mr. Wilson Sheppard, owner of the adjacent property, appeared before the Board to discuss the request. Mr. Sheppard stated that he could not vote on this issue due to his ownership of adjacent property, since he serves on the Planning and Zoning Commission, and because he was a Trustee for the property when it was sold. He further stated that, when MK. Hall bought the property, it was understood that he would build for himself on 20-30 acres, and sell in larger tracts than five acres, which was agreeable to the sellers. He stated that he does not feel that residential development is appropriate on one acre tracts.

Commr. Windram stated that he felt AR zoning, with 2 l/4 acre tracts was more appropriate for this property. At this time, he questioned the County Attorney, Ms. Annette Star Lustgarten, how he could make a motion for AR zoning.

Ms. Lustgarten stated that the request would have to be readvertised for AR zoning, and would have to go through the entire advertisement process.

Ms. Bonifay suggested that readvertisement be made for RR zoning (1 acre lots), and AR zoning (2 l/4 acre lots), with proper notification being given to the public, and that she will request her client to meet with the property owners, in order to review the project, and to see whether oc not changes can be made to satisfy everyone involved.

Discussion occurred regarding the time frame for proper notification and advertisement.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved a continuation of 60 days, until February 20, 1990, in order to readvertise the request for RR zoning and AR zoning.

PUBLIC HEARING #234-89-S A to CP Sam Hart

No one present wished to discuss the request 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 A (Agricultural) to CP (Planned Commercial), with C-l (Rural or Tourist Commercial) uses, to allow a convenience store, laundry facility and office space.

PUBLIC HEARING #239-89-5 C-2 to R-1-15 Charles W. Goodson

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

On a motion by Commr. Bakich, seconded by Comm-c. Bailey and carried, the Board upheld the cecommendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) to R-1-15 (Residential Estates), to allow a minimum lot size of 15,000 squace feet for single-family residential homesites.

Commr. Windram was not present foe the vote.

PUBLIC HEARING CUP#89/11/4-4 CUP in A Jeanne S. Canfield

The applicant was present, but did not wish to make a statement.

On a motion by Commr. Windram, seconded by Commr. Bakich 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 operation of a land clearing business out of the home, and to allow storage of associated heavy equipment on site.

COMMISSIONERS

At 4:15 p.m., Commr. Gregg turned the Chairmanship over to Commr. Bakich.

PUBLIC HEARING #224-89-4 A to RR Bob Chubboy

Mr. Dave Clapsaddle, Springstead Engineering, appeared before the Board to discuss the request. Mr. Clapsaddle addressed the concern of drainage and stated that all requirements will be met. He stated that the development will be located between Wolf Branch Estates (AR zoning), and Wolf Branch Village (RR zoning). He further stated that RR zoning does represent rural density.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the board approved a 60 day postponement, until February 20, 1990, in order to readvertise the request for RR zoning and AR zoning.

Commr . Gregg was not present for the vote.

COMMISSIONERS

At 4:30 p.m., Commr. Bakich returned the Chairmanship back over to Commr. Gregg.

PUBLIC HEARING CUP#89/11/2-4 CUP in A Karl W. White

Mr. Karl White, applicant, appeared before the Board to discuss the request. He stated that he has a residence on the property, but was requesting an additional residence for pcotection from burglary and vandalism. Mr. White stated that his daughter and son-in-law own property at the end of the block, and are seeking a larger place to live. The property in question could house a manufactured home that they would like to own. They would then be assisting him in his business.

Commr. Windram made a motion, which was seconded by Commr. Bailey, to overturn the recommendation of the Planning and Zoning Commission and deny the request for a CUP in A (Agricultural), to place a second residence (mobile home) on the site to serve as a caretaker's residence for security purposes.

Mr. White's daughter appeared before the Board to discuss the neighborhood and bus pickup, and the possibilities for vandalism and damage to property.

Commr . Gregg called for the vote on the motion, which was carried unanimously, for denial of the request.

PUBLIC HEARING #227-89-4 A to R-l-7 Samantha Chappell

Mr. Wallace Cato appeared before the Board to discuss the request and stated that his intentions involved the construction of a home on the site. He stated that the area was surveyed, in order to review the surrounding zoning, after concern was expressed that spot zoning was being requested.

Mr. Greg Stubbs, Chief of Development Coordination, stated that the applicant was cutting the property in half, and requested R-l-7, in order to obtain the road frontage requirement.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Boalrd upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to R-l-7 (Urban Residential), to allow 7,000 square feet for a single-family residential homesite.

PUBLIC HEARING #233-89-4 RR to ER Fertakis International

Construction Company

Mr. Gceg Stubbs, Chief of Development Coordination, stated that the applicant the applicant had originally applied on a 20 acre tract, and decided to remove ten acres and make another request.

Mr. Steve Richey, attorney, stated that the previous request had been denied by the Board, without prejudice, on the 20 acres. He stated that the ten acres can be subdivided into 14 lots, after addressing the concerns of drainage expressed by the neighbors.

No one appeared in opposition to the request.

On a motion by Commr. Windram, seconded by Comma. Swartz and carried, the Board approved to continue the request for 30 days, until January 23, 1990, in order for the property to be viewed by the District Commissioner.

PUBLIC HEARING #245-89-4 RA to MP Jocdan M. Iserman

Mr. George Pandolph appeared before the Board in favor of the request. He stated that he owns a section of propecty 300 feet to the east. Mr. Pandolph stated that the request is not a commercial operation, and is coherent with his sculpture/woodworking studio. His property is zoned RA.

Commr. Windram made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from RA (Ranchette) to MP (Planned Industrial), to allow one single-family residence and an associated act studio.

Under discussion, Commr. Windram explained the location of the property, with Commr. Bakich stating that, if the property was located on the west side of Highway 441, he could endorse the request.

Ms. Pam Myer, Dave Lowe Realty representing the Ashley's, who are proposing the purchase the property, appeared before the Board and stated that this is a very aesthetically pleasing use for the property.

The Chairman called for a vote on the motion, which was carried unanimously, to approve the request to MP zoning.

PUBLIC HEARING #244-89-X RM to RA Yanoshita Group, Inc.

Mr. Harold Coffman, repcesenting the ownec, appeared before the Board to discuss the request. He stated that the original zoning of the property was agricultural, and then rezoned to RM (Mobile Home Residential), for higher density. The new purchasers wanted low density, therefore are requesting A (Agricultural), to conform with the surrounding development.

No one appeared in opposition to the request.

Commr. Swartz stated that RA still allows a mobile home, and is essentially the same as agricultural, but allows residential development.

At this time, Mr. Coffman discussed the plans of the owner, which allows five acre tracts.

Mr. Greg Stubbs, Chief of Development Coordination, discussed requirements in agricultural, and stated that the owner will be able to develop what he desires in RA zoning.

Commr. Swartz discussed his concern with the road entrances onto C-561, and recommended one entrance and one exit.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RM (Mobile Home Residential) to RA (Ranchette), as recommended by staff, with instruction to staff to review the subdivision, with regards to the transportation application.

PUBLIC HEARING #225-89-2 AR to RA Roy & Sandra Matsumoto

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

On a motion by Commr. Bailey, 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 permit a single-family residence (mobile home) on site, in conjunction with a grove operation.

RECESS & REASSEMBLY

At 5:04 p.m., the Chairman announced that the Board would recess and reconvene for the public hearings on proposed ordinances.

ORDINANCES/ENVIRONMENTAL SERVICES/PLANNING & DEVELOPMENT

At 5:05 p.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance establishing a moratorium on the issuance of certain types of development permits and development orders within the Wekiva River Protection Area within Lake County.

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

Ms. Annette Star Lustgarten, County Attorney, informed the Board that, at the direction of the Board at the first public hearing, two changes were made within the body of the proposed ordinance. On Page 4, line 24, 8. 2. Preliminary plats, and on lines 25-26, B. 2. Site plan approvals, other than those within the Mt. Plymouth - Sorrrento urban node.

No one present wished to discuss the proposed ordinance with the Board.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and adopted Ordinance 1989-12, as placed on its first and final reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING A MORATORIUM ON THE ISSUANCE OF CERTAIN TYPES OF DEVELOPMENT PERMITS AND DEVELOPMENT ORDERS WITHIN THE WEKIVA RIVER PROTECTION AREA WITHIN LAKE COUNTY, FLORIDA, AS DEFINED IN CHAPTER 369, FLORIDA STATUTES, PART III, AND GENERALLY DESCRIBED AS: BOUNDED ON THE EAST BY THE WEKIVA RIVER AND ST. JOHNS RIVER, ON THE NORTH BY THE NORTH LINE OF TOWNSHIP 18 SOUTH, RANGE 28 EAST AND TOWNSHIP 18 SOUTH, RANGE 29 EAST, AND THE WEST BY COUNTY ROAD 435, COUNTY ROAD 437 AND THE WEST LINE OF TOWNSHIP 18 SOUTH, RANGE 28 EAST, AND ON THE SOUTH BY LAKE COUNTY-ORANGE COUNTY LINE; PROVIDING FOR LEGISLATIVE INTENT; PROVIDING THAT SAID MORATORIUM IS IMPOSED UPON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR REZONINGS, SITE PLAN APPROVALS OTHER THAN THOSE WITHIN THE MT. PLYMOUTH - SORRENTO URBAN NODE, PRELIMINARY PLATS, VARIANCES, CONDITIONAL USE PERMITS, LARGE LOT WAIVERS AND LAND USE PLAN AMENDMENTS, WITHIN THE WEKIVA RIVER PROTECTION AREA UNTIL SUCH TIME AS AN AMENDMENT TO THE LAKE COUNTY COMPREHENSIVE PLAN RELATING TO THE WEKIVA RIVER PROTECTION AREA, WHICH IS IN PROCESS, IS ENACTED, FOR A PERIOD OF APPROXIMATELY THREE (3) MONTHS; PROVIDING FOR EXEMPTIONS FROM THE MORATORIUM: AND PROVIDING FOR AN EFFECTIVE DATE.



ORDINANCES/PLANNING & DEVELOPMENT/ZONING

The Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance to permit the temporary location of a mobile home in certain residential districts to be used for the cace of an infirm, terminally ill, or disabled family member.

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

Ms. Annette Star Lustgarten, County Attorney, informed the Board of the changes, which involved eliminating two of the original

zoning districts, AR (Agricultural Residential) and RR (Rural Residential)and allowing a minimum of five acre lots in A (Agricultural) and RA (Ranchette).

Commr . Windram discussed the proposed ordinance and stated that he did not support the proposed ordinance, due to the concern of the public taking advantage of the true intention of the ordinance.

Commr. Swartz discusssed the applications being made through a CUP (Conditional Use Permit). He stated that the Board could repeal the ordinance, should problems arise that indicate the necessity to do so.

No one present wished to discuss the proposed ordinance with the Board.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved and adopted Ordinance 1989-14, as placed on its first and final reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING APPENDIX B, THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, TO PERMIT THE TEMPORARY LOCATION OF A MOBILE HOME IN CERTAIN RESIDENTIAL DISTRICTS TO BE USED FOR THE CARE OF AN INFIRM, TERMINALLY ILL, OR DISABLED FAMILY MEMBER; PROVIDING FOR AMENDMENT TO SECTION 70.38, MOBILE HOMES, BY ADDING AS A PERMITTED USE, TEMPORARY HOUSING FOR THE CARE OF THE INFIRM, TERMINALLY ILL, OR DISABLED: PROVIDING FOR THE REQUIREMENT OF A CONDITIONAL USE PERMIT; PROVIDING FOR A PHYSICIANS'S AFFIDAVIT AS TO THE PERSON'S MEDICAL CONDITION; PROVIDING FOR LIMITATIONS IN THE ZONING DISTRICTS IN WHICH THE USE SHALL BE PERMITTED; PROVIDING FOR CONDITIONS AND STANDARDS; PROVIDING FOR A TIME LIMIT OF ONE (1) YEAR; PROVIDING FOR RENEWAL OF THE CONDITIONAL USE PERMIT; PROVIDING FOR AMENDMENT TO SECTION 60, "A" AGRICULTURAL DISTRICT, SUBSECTION 60.16, TO ADD HOUSING FOR THE INFIRM, TERMINALLY ILL, OR DISABLED AS A TEMPORARY USE PERMITTED THROUGH THE GRANTING OF A CONDITIONAL USE PERMIT ON PROPERTY WHICH IS A MINIMUM OF FIVE (5) ACRES: PROVIDING FOR AMENDMENT TO SECTION 61, "RA" RANCHETTE DISTRICT, SUBSECTION 61.15, TO ADD HOUSING FOR THE INFIRM, TERMINALLY ILL, OR DISABLED AS A TEMPORARY USE PERMITTED THROUGH THE GRANTING OF A CONDITIONAL USE PERMIT ON PROPERTY WHICH IS A MINIMUM OF FIVE (5) ACRES; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE.

Commr . Windram voted "no".

ZONING (CONT'D.)

PUBLIC HEARING #220-89-3 A to CP Walter & Frances Shief

Mr. Walter Shief, petitioner, appeared before the Board to discuss the request. He stated that, at the present, thece ace no such facilities, as proposed, in this acea, and the majority of the residents take their business to Orange County.

Commr. Swartz discussed the request, and expressed that he felt the request was premature for this area, as far as commercial development.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request foe rezoning from (Agricultural) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) and/or C-2 (Community Commercial) uses, to allow the establishment of a convenience store with second story apartments, gas islands, bank facility, car wash, and three retail sales buildings.

Commr. Windram was not present for the vote.

PUBLIC HEARING #25-86A-3 M-l to MP C. A. Meyer, Jr.

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board of an error in #18, Surety Cash Bond/Letter of Reclamation, under the conditions. He stated that the amount acceptable would be one-hundred thousand dollars ($100,000.00).

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

On a motion by Commr. Swarztz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from M-l (Heavy Industrial) to MP (Planned Industrial) Tracts 50A & 63, for existing use (E. G. Asphalt plant), and to amend MP Ord. #13-86, and to include the change to the conditions.

Commr . Windram was not present for the vote.

PUBLIC HEARING #217-89-3 Amend MP Alfred Besade, Jr.

Mr. Zellie Wise, owner of a 20 acre tract east of the property being discussed, appeared before the Board and stated that he is not in opposition to the request. Mr. Wise discussed the amendment, as follows: "C : Setbacks/Buffers: A 50 foot wide vegetative buffer consisting of some type of fast grow tree-type structuce which will be approved by the Chief of Development Coordination shall be required." He requested that the following words be included: "A 50 foot planted and maintained vegetative buffer...". He further requested that, when the plat is recorded, the buffer be drawn on the plat, with a notation made that the 50 feet is a buffer, and a setback.

Ms. Annette Star Lustgarten, County Attorney, stated that the plat will have to reflect what is required in the zoning.

Commr . Swartz requested that the buffer be included on the eastern and southern boundaries.

Mr. Folvear, engineer representing the client, Al Besade, appeared before the Board and stated that he had no problems with the proposed buffer and changes.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved to amend the above cequest as follows: "C : Setbacks/Buffers: A 50 foot wide planted and maintained vegetative buffer consisting of some type of fast grow tree-type structure which will be approved by the Chief of Development Coordination shall be cequired, and to include the buffering on the eastern and southern boundaries."

Commr. Bakich "as not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend MP Ordinance #75-87, and to include the above amendment.

Commr . Bakich was not present for the vote.

PUBLIC HEARING #216-89-3 R-l-7 to RR Roger A. Bartalo, Sr.

and Gary L. Heath

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that there are outstanding fees owed by the applicant.

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

On a motion by Commr. Swartz, seconded by Commr. Bailey 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 RR (Rural Residential), to allow one acre single-family residential homesites, subject to all requirements being met by the applicant.

Commr. Bakich was not present for the vote.

PUBLIC HEARING #222-89-3 R-l-7 to AR Tony D. Hubbard

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that there are outstanding fees owed by the applicant.

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

On a motion by Commr. Swartz, seconded by Commr. Bailey 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 AR (Agricultural Residential), to allow 2 l/4 acre single-family residential homesites, subject to all requirements being met by the applicant.

Commr. Bakich was not pcesent for the vote.

PUBLIC HEARING #226-89-3 A to C-2 Dave Ryan

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied, without prejudice, the request for rezoning from A (Agricultural) to C-2 (Community Commercial), to allow commercial uses on site.

Commr. Bakich was not present for the vote.

PUBLIC HEARING CUP#89/11/5-3 CUP in C-l William A. Mattick

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and stated that the request was being made in order to replace the old mobile home on the property with a new mobile home.

No one present appeared in opposition to the request.

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 cequest for a CUP in C-l (Rural or Tourist Commercial), to allow a mobile home as a caretaker's residence for security purposes.

Commr. Bakich was not present for the vote.

PUBLIC HEARING #235-89-2 A to MP Paul M. Mack

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

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to MP (Planned Industrial), to allow the assembly and manufacture of wood products and trusses.

Commr. Bakich was not present for the vote.

PUBLIC HEARING #243-89-2 A to MP Kyle & Ruth Craig

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

Mr. Greg Stubbs, Chief of Development Coordination, discussed the recommendations made by staff for denial. Mr. Stubbs stated that the applicant is trying to obtain his Lake County solid waste permit, and in order to do so, he has to have the proper zoning, or a Conditional Use Permit (CUP).

Commr. Bailey stated that he would like to recommend denial of the request, without prejudice. Discussion occurred regarding a continuance.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to continue the request for rezoning from A (Agricultural) to MP (Planned Industrial), for 30 days, until January 23, 1990.

PUBLIC HEARING #237-89-3 A to PUD Route 347 Realty Corp.

Mr. Greg Stubbs, Chief Development Coordinator, discussed the transportation improvements, regarding the Dora Canal bridge. He stated that there had been questions regarding the amount of commercial development on this site. The applicant has proposed 7.7 acres for commercial, and planned to build out the 7.7 acres, meeting all setbacks, parking and landscaping requirements. Under the general planning practice, a commercial endeavor generally plans out at 10,000 square feet of commercial perr acre. Mr. Stubbs stated that a plan was submitted to the Board for review, which proposed 100,000 square feet. A traffic study was done at 12,500 square feet, and a plan that showed no mote than 25,000 square feet of C-l uses for commercial.

No one appeared in opposition to the request.

Mr. Dan Robuck, Attorney representing John McNamaca and the 347 Realty Corporation, appeared before the Board and stated that this project was started June 8, 1989, with the first DRC meeting, and a traffic study being requested. The study was prepared and brought back, with the problems resolved. It was not presented to the Planning and Zoning Commission, through an error, but there was a letter requesting the applicant to pay $28,175.00 toward the Dora Canal bridge. Mr. Robuck stated that therre is no problem with this, and suggested that the entice amount be paid at the beginning of Phase II. He fucthec stated that a suggestion had been made to go with city utilities, which has been done, and will cost approximately one million dollars. The 799 units have been lowered to 750 units, with the addition of 41 boatdocks, and still having City of Tavares sewer and water. Mr. Robuck stated that he objects to adding the additional cequicements to the roads, which have not be required of any other developer. He fucthec stated that the amount of $428,175.00 was not discussed at the Planning and Zoning Commission, nor the addition of #7 to the transportation improvements.

Mr. John Swanson, Director of Planning and Development, addressed the Board and stated that, after the Planning and Zoning Commission meeting, Mr. Jim Stivender, Director of Public Works wanted additional language, which reflects in his memorandum of December 4, 1989.

Mr. Robuck stated that the Planning and Zoning Commission approved the request with no amendments. He further stated that Mr. Stivender informed him the day after the meeting of the dollar figure ($28,175.00), which he agreed to pay.

Commr . Swartz stated that he reviewed the project and felt that a project of this magnitude had to meet several considerations, such as being located within the Tavares urban service area, an area that is planned to eventually provide urban services.

Mr. Robuck stated that an agreement has been signed with the City of Tavaces that states, if they do not hook into the City of Tavares sewer and water, they still owe the City approximately $600,000.00, and is contingent upon the appcoval of the rezoning.

Commr. Swartz discussed the traffic study along Highway 19, which reports that the levels of service set by the State, are presently rated at the levels of C an D, and will later be rated D and F, which he feels are unacceptable levels of service. He stated that he is concerned with what the transportation impact is going to be.

Commr . Windram stated that he is concerned about the applicant locking into a contract prior to the appcoval of the request, and not receiving information until aftec the fact.

Mr. Robuck discussed the letter from Mc. Jim Stivender, Director of Public Works, which states that the share of funding for the project will be $28,175.00, which the applicant has agreed upon. He further stated that his client cannot afford to pay to four-lane the project from the subdivision into the City of Tavares.

Commr. Swartz stated that the alternative can be that this Board and others and developers persuade the State to meet their own requirements, which is to provide transportation improvements, along with the necessary funding, as the developer and others add to the improvements. He suggested putting the project together and paying for the impact along the way.

Mr. Robuck stated that his client is building a sewer large enough to handle everything between the proposed development and the City of Tavares, with no reimbursement, and the City is requesting that they build a new well, which is costing his client over one million dollars more than what they had anticipated.

On a motion by Commr. Windram, seconded by Comma. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), to allow a residential subdivision, agricultucal uses, and commercial facilities, with the applicant paying the amount of $28,175.00, as recommended by Mr. Stivender, Director of Public Works.

Commr. Swartz voted "no".

PUBLIC HEARING #219-89-2 R-l-7 to RM Daniel Thieman

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

On a motion by Commr. Bailey, seconded by Commr. Bakich 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 RM (Mobile Home Residential), to allow 5,000 squace foot single-family residential homesites with dwellings of mobile home construction.

PUBLIC HEARING #231-89-2 RR to MP Roger Stedman

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

On a motion by Commr. Bailey, seconded by Commr. Bakich 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 MP (Planned Industrial), to allow a single-family residence, in conjunction with the operation of a truck repair shop.

PUBLIC HEARING #215-89-2 RP to A Dennis E. Malet

No one present wished to discuss the 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 RP (Multiple-Family Residential-Professional) to A (Agricultural), to allow a tree farm opecation on site.

Commr. Bakich was not present for the vote.

PUBLIC HEARING CUP#86/12/3-1 in RR Glenn D. Parker

Mr. Dan Robuck, representing Mr. Rix, owner of the property, appeared before the Board and requested a maximum of eighteen months for continuance, to allow leveling of the area.

Commr. Gregg discussed the hours or operation, with Mr. Robuck stating that the complaint made concerning operation on Sundays had been addressed, and therefore, requested that the stipulation to allow no operation of business on Sundays be included in the amendments.

Commr . Swartz stated that the operation has been there for three years, and suggested a twelve month continuance, allowing him Mondays through Saturdays for operation.

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for the CUP#86/12/3-1 in Rb (Rural Residential) zoning district, for a twelve month extension, operating on Mondays through Saturdays from dawn until dusk.

PUBLIC HEARING #243-89-2 (CONT'D). A to MP Kyle L Ruth Craig

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that the applicant, Mr. Kyle Ccaig, is present in the audience. Mr. Stubbs stated that the Board postponed this case earlier, and Mr. Craig requested that the Board reconsider his request.

On a motion by Commr. Bailey, seconded by Commc. Windram and carried unanimously, the Board approved to reconsider the motion made earlier to continue this case.

Mr. Craig appeared before the Board and stated that he runs a septic tank business, which consists of three trucks on site.

Commr. Bailey made a motion, which was seconded by Commr. Windram, to uphold the recommendation fo the Planning and Zoning Commission and approve the request foe rezoning from A (Agricultural) to MP (Planned Industrial), to allow septic tank cleaning equipment to be parked on site, in conjunction with business of "Craig's Septic Tank Service".

Discussion occurred regarding conflicts with requests for rezoning involving CUP's in A (Agricultural), and a solution to this being MP (Planned Industrial) zoning, reviewing each on a case to case basis.

Discussion occurred regarding instructing staff and Planning and Zoning to consider changes to allow a broader use in agricultural zoning, with Ms. Annette Starr Lustgarten, County Attorney, suggesting postponement of this item, in order for staff to initiate an amendment to the agricultucal zoning district. Ms. Lustgarten stated that, with the postponement, he would have the zoning in progress, which will satisfy Ms. Claire Bartlett, Director of Solid Waste Disposal.

At this time, Commr. Bailey withdrew his motion, with Commr. Windram withdrawing the second to the motion.

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved to continue the request for 90 days, with communication on this issue being made by Ms. Lustgarten to Ms. Bartlett, and instruction being given to staff to initiate an amendment to the agricultural zoning district.

PUBLIC HEARING CUP#89/11/3-1 CUP in A Wm. & Pamela Gibson

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that the first sentence in number two, under Section B, Operating Standards, should be deleted, as follows: "Only applicant's vehicles and equipment used in conjunction with the septic cleaning may be repaired on site."

No one present wished to discuss the request 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 approved the cequest foe a CUP in A (Agricultural), to allow a telephone answering service to be operated from the applicant's cesidence foe applicant's septic cleaning service, as amended above.

PUBLIC HEARING #128-87A-5 Extension of PUD John R.

Whitaker and 0. C. May

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

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board upheld the cecommendation of the Planning and Zoning Commission and approved the request for a go-day extension of an approved preliminary PUD Ordinance #61-87, to allow completion or preliminary plans for the multi-family PUD.

PUBLIC HEARING #221-89-5 A to R-l-5 Robert & Marian McKinney

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that there is an established mix in the area, but does not actually meet the purpose and intent of the R-l-5 zoning district.

Mrs. Malcian McKinney was present to discuss the request, with no one appearing in opposition.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning $ommission and approved the request for rezoning from A (Agricultural) to R-l- (Mobile oc Mixed Residential), to allow 5,000 square foot single-family residential homesites.

PUBLIC HEARING #213-89-l R-l-7 to CP Jerry Isaacs

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

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board upheld the cecommendation of the Planning and Zoning Commission and approved the request foe rezoning from R-l-7 (Urban Residential) to CP (Plgnned Commercial) with C-2 (Community Commercial) uses, to allow a retail sales and service facility on site.

PUBLIC HEARING #236-89-4 Uses in C-l Bernita B. Hudson

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

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for classification of uses in C-l (Rural oc Tourist Commercial), to allow the establishment of an Auto Parts Store.

PUBLIC HEARING #232-89-4 RR to C-l or CP Viola W. Walters

Ms. Viola Walters, applicant, appeared befoc~e the Board to discuss the surcounding businesses, which included some that are dilapidated.

It was noted that a letter had been filed by the City of Eustis in opposition to the request.

Discussion occurred regarding the surrounding zoning, being that some of the property is within the City of Eustis.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request, without prejudice, for rezoning from RR (Rural Residential) to C-l (Rural or Tourist Commercial) or CP (Planned Commeccial), to allow a vegetable stand on site.

PUBLIC HEARING #223-89-4 RR to R-1-15 or ER Earl A. Wilder

Mr. David Wilder, son of Earl Wilder, appeared before the Board to discuss the request and stated that he feels l/2 acre lots are reasonable for the property, and because of the configuration of the property, the lots would be well in excess of l/2 acre lots, if the requirements are met for ER zoning.

No one appeared in opposition to the cecommendation for denial.

Commr. Windram discussed the cecommendation foe denial made by the Planning and Zoning Commission and staff, and stated that he would like to view the property, in order to make a motion for the Board to act upon.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to continue the request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates) or ER (Estate Residential), to allow 15,000 square foot single-family homes in R-1-15 zoning district, or 22,000 square foot single-family residential homes in ER zoning district, until January 23, 1990, at 2:00 p.m.

PUBLIC HEARING #218-89-4 A to RP William F. Daugherty

Ms. Catherine Hanson appeared before the Board and requested that the Board consider CP (Planned Commercial) zoning, but that she would have no problem accepting the RP (Multiple-family Residential-Professional) zoning.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RP (Multiple-family Residential-Professional), to allow professional office facilities on site.

Commr. Swartz voted "no".

PUBLIC HEARING CUP#89/11/6-3 CUP in C-l Randall Karst

No one appeared in opposition to the request.

Mr. Rick McCoy, Project Engineer representing the owners, appeared before the Board to discuss the request. Mr. McCoy stated that he worked closely with staff in developing the CUP, and would like to address four items for the record, as follows:

1. Page 1 - 2. Terms: A. Setbacks 1. "...within the one-hundred foot (100') setback, unless...", which he stated, for the record, would be no problem.



2. Security fence - feels that the fence is not necessary, with staff placing this into the CUP by mistake.



3. Hours of operation - requests Monday through Saturday, dawn to dusk.



4. Weekly inspections ace being requested. Would like to request that monthly inspections be considered.



Mr. McCoy stated that an agreement has been made to leave the berm on Highway 27, with it being the last to be removed. He stated that this is actually for site preparation, with a two year time frame being proposed.

Commr. Swartz stated that, in order to mine this for future commercial use, a plan needs to be presented for the contouring and the placement of the site.

Mr. Greg Stubbs, Chief of Development Coordination, stated that the newly proposed mining ordinance has been incorporated into the CUP being requested.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to overturn the recommendation of approval, and to deny the request.

Under discussion, Commr. Swartz stated that he would like to see a legitimate commercial use for the property be presented by the applicant, and for the applicant to proceed through the site plan and development process.

Mr. George Fredrick Karst, Jr., owner, appeared before the Board and stated that the development in the future for these properties are not known, and that they want to prepare it for future development. The applicant will be complying with the new mining regulations, and stressed the fact that the request was approved by staff and the Planning and Zoning Commission.

Mr. Rnadall Karst appeared before the Board and discussed the hill slopes, and stated that the hills will not be cut into.

The Chairman called foe a vote on the motion, with the motion being carried, to deny the request.

Commr . Gregg and Commr. Windram voted "no".

PUBLIC HEARING #240-89-4 A to AR John L Mary Ann Beatty

John and Mary Ann Beatty appeared before the Board and stated that they would prefer to have RR (Rural Residential) zoning, as opposed to AR (Agricultural Residential).

No one appeared in opposition to the request.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential), to allow single-family residential homesites.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ANIMAL CONTROL

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the appointment of Ms. Catherine Hanson to the Animal Shelter Committee.

There being no further business to brought to the attention of the Board, the meeting adjourned at 1:45 p.m.

C. W. "CHICK" GREGG, CHAIRMAN

JAMES C. WATKINS, CLERK

BCC/TMA/Ol-17-90