The Lake County Board of County Commissioners met in regular session on Tuesday, July 27, 1993, at 6:00 p.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; and Toni M. Riggs, Deputy Clerk.
Pastor Ray Kirkland, Bay Lake Missionary Baptist Church, gave the invocation and led the Pledge of Allegiance.
PRESENTATIONS
COUNTY EMPLOYEES/ENVIRONMENTAL MANAGEMENT
Commr. Swartz recognized Mr. Chris Bove, Environmental Management Division, Planning and Development Department, who will be leaving the County to enter law school. Commr. Swartz read the Letter of Appreciation composed by staff, and presented it to Mr. Bove.
MINUTES
Discussion occurred regarding the Minutes of June 8, 1993, Special Meeting, with the following corrections being made:
Page 19, Line 28 - Dan Gordon, Manager, Hawthorne at Leesburg
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of June 8, 1993, Special Meeting, as corrected.
PUBLIC HEARINGS/TIMES CERTAIN
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Stipulated Settlement Agreement, before the Board today, resolves all pending issues between the Department of Community Affairs (DCA) and Lake County, in terms of the Comprehensive Plan.
Commr. Swartz opened the public hearing to public comment.
It was noted that no one present wished to speak on this issue, and the public hearing portion of the meeting was closed.
Ms. Lustgarten stated that the Amendment to the Lake County Comprehensive Plan reflecting the Stipulated Settlement Agreement will be brought to the Board next month for final adoption.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Stipulated Settlement Agreement between the Department of Community Affairs (DCA) and Lake County, Case No. 93-2289GM.
ROAD VACATIONS
PETITION NO. 720 - Walter Hawthorne - Tavares Area
Mr. Jim Stivender, Director of Public Services, presented the request to the Board. Mr. Stivender stated that he has spoken to Mr. Walter Hawthorne and Mr. Daniel Sullivan, and both have expressed a desire to resolve the problems that exist in this area. Mr. Stivender stated that he would like to request a 30 day postponement.
Commr. Swartz opened the public hearing to public comment. It was noted that no one present wished to speak on this issue, and the public hearing portion of the meeting was closed.
Both parties were present and indicated that they were in agreement to the postponement.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request by staff to postpone the request for a road vacation, Petition No. 720 by Walter Hawthorne, to vacate drainage easement, Venetian Park Subdivision, Sec. 25, Twp. 19, Rge 25, Tavares Area, Commissioner District 3, for 30 days, until August 24, 1993, at 6 p.m., or as soon thereafter as possible.
REZONING
Mr. Greg Stubbs, Coordinator - One Stop Permitting Center, stated that there were three (3) changes to the agenda.
Mr. Stubbs stated that, in Case #18-93-2, John P. Adams, the applicant is requesting a 90 day postponement.
In Case #45-93-4, Adventist Health System Sunbelt Inc., Mr. Stubbs stated that he had consulted with the County Attorney's Office, and it was determined that additional submittal requirements for the Wekiva River Protection Area have to be submitted prior to action by the Board. This request will be taken to the Technical Review Committee (TRC) prior to coming back to the Board, in order to address those issues that pertain to Chapter 7 of the Land Development Regulations (LDRs). The request will be postponed for 30 days, per the request of staff, and with the applicant being in agreement to the postponement.
Mr. Stubbs stated that, in CUP#93/6/5-5, George F. Green, a request has been made for a 30 day postponement.
Discussion occurred regarding the postponements presented by Mr. Stubbs. Commr. Hanson stated that she hopes that the County does not make the process so difficult for Case #45-93-4, Adventist Health System Sunbelt, Inc., that the applicant will be turned away. Ms. Lustgarten explained that there are certain requirements for applications in the Wekiva, as indicated in Chapter 7 of the Land Development Regulations (LDRs).
No one present wished to comment on the requests for postponements.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the following postponements:
#18-93-2 John P. Adams 90 days
#45-93-4 Adventist Health System
Sunbelt Inc. 30 days
CUP#93/6/5-5 George F. Green 30 days
The Deputy Clerk administered the oath to Mr. John Brock, Senior Director, Department of Planning and Development Services; Mr. Greg Stubbs, Coordinator, One Stop Permitting Center; Mr. Jim Barker, Director of Environmental Management, and Mr. Mark Knight, Chief Planner, Planning Division.
PETITION CUP#93/1/3-2 Waive Surety Bond - CUP in A
James D. Bradford
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs discussed the requirement for the $5,000.00 surety bond, and stated that this was a standard imposed by the Board approximately two years ago. At this time, Mr. Stubbs explained the procedure set out by the Board for the care of the infirm.
Ms. Annette Star Lustgarten, County Attorney, stated that the Code provides that the Commission may approve such conditions that stand appropriate in the granting of the proposed conditional use permit (CUP). The Board required $5,000.00 on a mobile home that is placed temporarily, and set this standard by policy. Ms. Lustgarten stated that the request would be an amendment to the CUP.
Mr. Dave Cauthen, Attorney representing Mr. James D. Bradford, appeared before the Board and stated that there is another issue that he would like to request the Board to change. He stated that the CUP indicates that, if Mr. Bradford dies, his wife would have to immediately vacate. He further stated that Mr. Bradford's wife is also infirm, and he would request an extension for that purpose also. Mr. Cauthen discussed the responsibilities of the Code Enforcement Board, and stated that there is not a need for the bond requirement for a hardship case.
Discussion occurred regarding the problems that had occurred in the past, and the reasons established by the Board for setting the requirement for a bond.
Mr. Stubbs indicated that staff is comfortable that, in cases like this where an individual no longer meets the requirements of a CUP, through Code Enforcement action, the County will be able to remove the mobile home.
No one present wished to speak in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved language, in CUP#93/1/3-2, which would allow for the use of the facility by either the husband, or the wife, should they meet the conditions of the CUP.
Discussion occurred regarding the requirement for a survey, in relation to this type of case. It was noted that staff would investigate this requirement.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request to waive the requirement of a $5,000.00 surety bond, from an approved CUP in A (Agricultural), and to establish a policy that does not include this for approval of a CUP for the infirm.
PETITION #42-93-5 R-6 to A Jack and Linda Austin
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the case to the Board.
Ms. Bonnie Roof, representing the applicants, appeared before the Board, and the Deputy Clerk administered the oath.
No one present wished to speak in opposition to the request.
Ms. Roof explained the surrounding zoning and stated that the applicants will use the burned out orange grove for a fernery. She stated that the County is requesting the donation of additional right-of-way to provide for 33 feet from the centerline of Church Street. Ms. Roof stated that the applicant does not have a problem donating it, but he was concerned with the dumping on the right-of-way. He wants to make sure that the County will keep the trash off of the road.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-6 (Urban Residential) to A (Agricultural), for future agricultural related uses, with the dedication of additional right-of-way to provide for 33 feet from the centerline of Church Street, as recommended by staff.
PETITION #41-93-3 A to R-1 Bruce and Sheila Short
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. It was noted that a letter had been received from the City of Tavares recommending that the County require hook up to the existing City water and sewer, if they meet the required sewer and water flow rates.
Discussion occurred regarding the surrounding zoning and the general vicinity.
Ms. Sheila Short, applicant, appeared before the Board, and the Deputy Clerk administered the oath. Ms. Short discussed the availability of the utilities from the City of Tavares.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1 (Rural Residential), for future development of a single-family residence, with the dedication of the additional right-of-way to provide for 33 feet from the centerline of Lane Park Road, as recommended by staff.
PETITION CUP#93/6/4-3 CUP in A A. Duda & Sons Inc.
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs stated Mr. Jim Barker, Director of Environmental Management, has the backup information, in relation to the Department of Environmental Regulations (DER) compliance agreement. He stated that Orange County did contact staff to express their concerns, and requested that they be notified of the type of effluent that will be discharged onto the sprayfield.
No one present wished to speak in opposition to the request.
Mr. Barker appeared before the Board and explained the process to be used for the disposal of the effluent. He indicated that all of the conditions being proposed are consistent with the conditions the County has set forth for other similar types of plants.
Ms. Tracy Duda and Mr. Mike Howeller, representatives for the applicant, appeared before the Board, and the Deputy Clerk administered the oath.
Ms. Duda stated that she had questions about some of the conditions being proposed in the CUP, which are more strict than those of the Department of Environmental Protection (DEP). She stated that she would like the ability to work with staff on those conditions.
Commr. Swartz stated that the Board could adopt what is being presented tonight, and if the applicants wished to modify the CUP, they would have to come back through the public hearing process, or the Board could postpone the request for 30 days, in order to give staff the opportunity to consult with the applicants on any revisions.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the request for a CUP in A (Agricultural), to provide for additional sprayfields for the existing use of the site, until all parties have reached a conclusion, to be heard later in the meeting.
PETITION #44-93-2 RM to R-8 Preston and Lisa Beasley
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs stated that the Planning and Zoning Commission was recommending approval of the request subject to a Developer's Agreement limiting the density to no more than four (4) dwelling units per acre. He further stated that staff was requesting the dedication of additional right-of-way.
Commr. Swartz requested that Mr. Stubbs, the County Attorney's Office, and the Planning Department, in terms of this type of land designation, to consider creating a mixed zoning that is consistent with the density.
No one present wished to speak in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RM (Mobile Home Residential) to R-8 (Medium Suburban Residential), subject to a Developer's Agreement limiting the density to no more than four (4) dwelling units per acre, and with the dedication of additional right-of-way to provide for 33 feet from the centerline of Bay Avenue and 33 feet from the centerline of 4th Street, as recommended by staff.
PETITION CUP#93/6/3-1 CUP in A Thomas J. & Sallie J. Kepner
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. It was noted that staff was requesting the dedication of additional right-of-way.
The applicant was present in the audience, and no one present wished to speak in opposition to the request.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), for the placement of a mobile home for use as a caretaker's residence for a foliage nursery, with the dedication of additional right-of-way to provide for 40 feet from the centerline of County Road 468, as recommended by staff.
PETITION #5-93-4 AR to CP, C-1, or C-2 N. I. Richburg
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs stated that staff recommended denial of the request based upon the Land Development Regulations (LDRs), the Standards for Review, and the Comprehensive Plan. The Planning and Zoning Commission made a motion for denial, with the motion resulting in a 4-4 tie vote.
Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and stated that the original proposal involved a five (5) acre site at the intersection of State Road 44 and County Road 439. Ms. Bonifay stated that, after concerns were stated by the Planning and Zoning staff regarding the size of the property, the applicant lowered the size from five (5) acres to two (2) acres, and submitted a site plan. (The site plan was presented and marked as Exhibit A for the applicant).
Ms. Bonifay referred to minutes from the Planning and Zoning Commission meeting, and the comments made in favor of the request. Ms. Bonifay then discussed the "red dots" indicated on the Land Use Map, and discussions that were held on the Comprehensive Plan where it was determined that it would not be the intent of the Board to limit commercial development only to those locations. She discussed the "red dots" in the Ocala National Forest, which has been deemed to be environmentally sensitive, and a no development area. Ms. Bonifay discussed the Standards of Review, and the zoning in the surrounding area. She stated that the Comprehensive Plan states that commercial is allowed within rural land uses, and referred to Page 5 of the staff's report, Policy 1-1.6 Rural Areas.
Ms. Bonifay submitted a copy of the Lake County, Florida Comprehensive Plan Future Land Use Element, A, B, C, which was marked as Exhibit B for the applicant.
Ms. Bonifay referred to Page 1-53 (Exhibit B) and discussed
c. Neighborhood Activity Center, and stated that this is the policy sited in opposition to the request by staff, and that she would argue that this would only further support the criteria outlined and be a reason to vote for this.
Ms. Bonifay referred to Page 4 of the staff's report, Policy 1-3A.1: Commercial Development in land Use Classifications, and stated that this is not applicable to this request.
Ms. Bonifay referred to Page 6 of the staff's report, Policy 1-1.14: General Land Use Location Criteria, and stated that it only reflects two (2) of the eight (8) criteria, and directed the Board's attention to Exhibit B, Tab C, I-12, 2. Commercial: Commercial Uses shall:. She stated that, after considering this information, the request meets six (6) or seven (7) of the eight (8) criteria.
Ms. Bonifay stated that the people that live in the area feel a need for this request to be approved, which would be a neighborhood convenience. She discussed the surrounding zoning, and stated that staff had received a letter from an adjacent land owner, Mr. John Meadows, Fancy Farms of Tavares, dated July 21, 1993, who owns 60 acres to the south, and supports the request.
Ms. Bonifay stated that the request is in keeping with the Comprehensive Plan and County policies, and it has the support of the people in the area, who feel it is an appropriate use.
Discussion occurred regarding signalization at the intersection.
No one present wished to speak in opposition to the request.
Commr. Hanson stated that she would question whether the rezoning would adversely affect the property values in the area, and if anything, it would only beneficially affect the property values in the area.
Mr. Don Griffey, Director of Engineering, appeared before the Board and the Deputy Clerk administered the oath. Mr. Griffey stated that, at this time, there are no plans for the construction of State Road 44, but the Department of Transportation (DOT) has it in their long range plan.
Commr. Swartz commented on the manner in which Ms. Bonifay has portrayed what the Comprehensive Plan says in regards to commercial, and the way she has portrayed the staff's review and recommendation. He stated that the Comprehensive Plan allows for commercial, not only at those "red dots", but allows it when the other location criteria and the other conditions are met. He further stated that the recommendation for denial indicates that some of those other conditions have not been met, and therefore, commercial would be premature.
Mr. Stubbs explained that staff reviewed the request closely, and that locating this along the arterial roadway, State Road 44, was inconsistent with the intent, and that some of the other conditions could not be met.
Commr. Bailey stated that the request was being presented as a neighborhood commercial activity in a rural area, which he felt was allowed under the Comprehensive Plan. Discussion occurred regarding the location criteria, with Commr. Bailey stating that he felt the request met a majority of those.
Commr. Hanson stated that the rezoning to commercial at this location is premature. She stated that, if the plans were going forward and there was a PUD in place, she would support it. She further stated that there is another convenience store within two (2) miles, and it is located at a major intersection with a stop light. Commr. Hanson stated that she did not refer to this as a neighborhood area, and that she was also concerned about the safety at this intersection. She stated that this would not be a neighborhood commercial center.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to deny the request for rezoning from AR (Agricultural Residential) to CP (Planned Commercial, C-1 (Rural or Tourist Commercial) or C-2 (Community Commercial), for commercial use.
Commr. Bailey stated that he would be voting "no" on the motion for denial, because, even though it is developing slowly in this area, there is a need.
Commr. Swartz stated that, in addition to the points that Commr. Hanson made, the staff review and the lack of consistency of the Comprehensive Plan, particularly Objective 1-3A, and lack of meeting location criteria, he would support the motion for denial.
Under discussion, Commr. Hanson stated that she agrees this is very subjective, and questioned how the criteria could be met. She further stated that it was more of a perception, and that the County cannot quantitatively meet the criteria to allow the development.
The Chairman called for a vote on the motion, with the motion being carried by a 4-1 vote to deny the request for rezoning. Commr. Bailey voted "no".
Commr. Cadwell declared that, based on the evidence presented today and the staff report, he voted for denial of the request.
Commr. Gerber declared that, based on the evidence presented today and the staff report, she voted for denial of the request.
PETITION CUP#93/4/1-4 CUP in A Walter Turner, Clarence Lewis
Michael and Charles Powell and Robert Thrush
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs stated that the applicants initial request for a hunting camp was amended for a family camp site. He stated that staff was recommending approval of the request, but, because it is near residential uses within the area, it was being conditioned heavily. It was noted that the request would be allowed for a hunting camp during Florida Deer Hunting Season only. The Planning and Zoning Commission recommended approval of the request, as conditioned and amended: weekend recreational uses throughout the year and a cross easement for bath house and cooking shed access will be permitted. This would be included in the site plan.
Mr. Stubbs explained that the original request was postponed for approximately 60 days, because additional petitions were received in opposition to the request. After the family members met with the residents of the surrounding area, the petition was changed and amended in favor of the request. Mr. Stubbs stated that he did not feel that the request meets the intent of the rural area. He proceeded to discuss other concerns that staff had with the request.
Mr. Michael Powell and Mr. Walter Turner, applicants, appeared before the Board and the Deputy Clerk administered the oath.
Discussion occurred regarding the request being made for a family camp, to be utilized year round, and the types of trailers that will be housed on the property.
No one present wished to speak in opposition to the request.
Commr. Swartz stated that he can support the request, with the staff recommendations, for the Florida Deer Hunting Season only.
Discussion occurred regarding the creation of a RV facility, which Commr. Cadwell indicated that he did not want to see happen. He stated that he did not have a concern with the number of trailers, but he did have a concern with the idea of being able to utilize the property year round without it becoming a recreational facility. Commr. Cadwell stated that he would support the staff recommendations, ten (10) units, and during Florida Deer Hunting Season only.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the request for a CUP in A (Agricultural), for a hunting camp, based on staff recommendations allowing ten (10) travel trailers during the Florida Deer Hunting season only.
PETITION #39-93-2 A to CP Persaud Gobin & Parshan Sahota
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board. Mr. Stubbs informed the Board that staff was recommending denial of the request based on the Standards for Review. The Planning and Zoning Commission recommended approval of the request, as amended: five (5) model homes will be permitted. Mr. Stubbs stated that staff felt it would be a better situation, if commercial was adjacent to C-455. There is no surrounding commercial uses in the general vicinity of the area. The request is for a model home center.
No one present wished to speak in opposition to the request.
Mr. Peter Karnisky appeared before the Board and requested a 30 day postponement, in order to review the issues presented to the Board by Mr. Stubbs.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to postpone for 30 days the request for rezoning from A (Agricultural) to CP (Planned Commercial), for retail sales of new homes, until August 24, 1993, at 6:00 p.m., or as soon thereafter as possible.
PETITION #40-93-2 A to CFD Bay Lake Missionary Baptist
Church Inc.
Mr. Greg Stubbs, Coordinator, One Stop Permitting Center, presented the request to the Board.
Pastor Ray Kirkland, applicant, was present to discuss the request.
No one present wished to speak in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CFD (Community Facility District), for the construction of a recreational facility for the church, with conditions for the construction of a recreational facility for the church based on the drawing submitted. It was noted that the motion included the additional right-of-way to provide 40 feet from the centerline of Lake Erie Road, as recommended by staff.
Pastor Kirkland extended an invitation to the Board members to the 104th anniversary homecoming in Bay Lake on the third Sunday in August.
PETITION CUP#93/6/4-3 CUP in A A. Duda & Sons Inc.
(CONTINUED)
This case was brought back to the Board for consideration, after being postponed earlier, in order that all parties could come to an agreement on the conditions.
Mr. Jim Barker, Director of Environmental Management, addressed the Board and indicated that the problems have been resolved between all parties.
Ms. Tracy Duda, applicant, addressed the Board and stated that she is comfortable with the conditions set forth in the recommendations.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to provide for additional sprayfields for the existing use of the site.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENT AGENDA
CONTRACTS, LEASES & AGREEMENTS/PUBLIC SERVICES
Mr. Pete Wahl, County Manager, presented the addendum items to the Board for consideration.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved and authorized the execution of an Agreement Among Lake County and NRG/Recovery Group, Inc. and PaineWebber, Inc relating to substitution of remarketing agent.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved and authorized the execution of an Indemnification Agreement between Lake County and NRG/Recovery Group, Inc.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
PUBLIC SERVICES
Mr. Pete Wahl, County Manager, presented the following request to the Board, and stated that staff will be attempting to renegotiate the costs, in the amount not to exceed $16,600.00.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize R. W. Beck to accomplish the certification required for the renewal of the Letter of Credit with NATWEST Markets regarding the $70,000,000.00 variable rate bonds, and to expend and encumber an amount not to exceed $16,600.00 including expenses.
DEPARTMENT OF PLANNING AND DEVELOPMENT/ZONING
Commr. Swartz provided the Board with information regarding property owned by Ms. Dorothy Shipes. He stated that the Board had entered into a contract with her in trading some lands, in order for the County to acquire road right-of-way to improve the road on County Road 448. It required the County to initiate some rezonings, with those rezonings now being inconsistent with the Comprehensive Plan. He requested that the Board authorize staff to proceed to a Small Land Use Plan Amendment of ten (10) acres, which would include the area which the County has contractually agreed to rezone, and to proceed with a Small Land Use Plan Amendment that will be necessary to meet that need for rezoning.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to authorize staff to proceed with a Small Land Use Plan Amendment, as stated above, to meet the needs of the contract between the County and Ms. Dorothy Shipes.
COUNTY ATTORNEY'S MATTERS
MEETINGS/PLANNING AND DEVELOPMENT DEPARTMENT
Ms. Annette Star Lustgarten, County Attorney, discussed the public hearings that are required to be set for the Amendments to the Land Development Regulations (LDRs). Ms. Lustgarten stated that there will need to be two (2) public hearings after 5 p.m., on the proposed ordinance. She suggested August 23, 1993, 5:05 p.m., and September 7, 1993, 5:05 p.m.
There being no further discussion, the Board authorized staff to advertise August 23, 1993, and September 7, 1993, both at 5:05 p.m., as the public hearing dates on the proposed ordinance for the Amendments to the LDRs.
COMMITTEES/APPOINTMENTS- RESIGNATIONS/PLANNING AND DEVELOPMENT
DEPARTMENT
Commr. Hanson discussed the makeup of the Land Development Regulations (LDR) Review Committee. She stated that there should have been representatives on the Committee to represent the agriculture community.
Commr. Hanson made a motion, which was seconded by Commr. Bailey, to add two (2) agriculture representatives as a category, which would keep the Committee membership at an odd number, eleven members, and to have the Agriculture Advisory Committee bring back recommendations for those two (2) members on the LDR Review Committee.
Commr. Swartz stated that he will not support the motion. He then discussed the composition of the membership for the LDR Review Committee, which consists of two individuals who would serve in the areas of expertise relating to development of property, and stated that this would include agriculture.
Commr. Hanson stated that development and agriculture are two (2) separate categories, and that the agriculture community is being placed in environmental, or development.
Commr. Swartz stated that he would vote against the motion, and, at this time, he alluded to the earlier appointment, which was made by Commr. Cadwell, of an individual who is in agriculture and citrus, and also to a request that was presumed to have been made to Mr. Claude Smoak to serve on the LDR Review Committee.
Commr. Cadwell questioned whether Commr. Swartz would support the motion, if one member was recommended by the Agriculture Advisory Committee, and one member was recommended by the Board.
Commr. Swartz stated that, if it was the feeling of the Board to add membership to the LDR Review Committee, he would support bringing back the resolution (1993-89), and providing for an appointment from Commr. Hanson, from some member of the Agriculture Advisory Committee, and providing for an appointment from Commr. Gerber, from someone of the Natural Resource Advisory Committee.
Commr. Gerber stated that she would not have a problem with the suggestion being made by Commr. Swartz.
Commr. Cadwell explained the reasons for his appointment of Mr. Nick Faryna, and stated that he would support the motion on the floor, but that he would prefer to have one member recommended by the Agriculture Advisory Committee, and one member recommended by the Board.
Commr. Hanson amended her motion, with Commr. Bailey amending his second, to have one member recommended by the Agriculture Advisory Committee, and one member recommended by the Board, to represent the agriculture community.
Commr. Swartz stated that he would vote against the amendment, and would support one member being recommended by the Natural Resource Advisory Committee, and one member being recommended by the Agriculture Advisory Committee.
The Chairman called for a vote on the amendment to the motion, with the motion being carried by a 3-2 vote. Commr. Swartz and Commr. Gerber voted "no".
The Chairman called for a vote on the amended motion, with the motion being carried by a 4-1 vote. Commr. Swartz voted "no".
There being no further business to be brought to the attention of the Board, the meeting adjourned at 8:05 p.m.
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR\BOARDMIN\7-27-93\7-29-93