August 13, 2001 Minutes (9:05 a.m.) August 13, 2001

Transcription

1 Page 1 of 12 Book C, pages August 13, 2001 The Marion County Board of County Commissioners met in special session in Commission chambers at 9:05 a.m. on Monday, August 13, 2001 at the Marion County Governmental Complex located in Ocala, Florida. Upon roll call the following members were present: Chairman Larry Cretul, District 2; Commissioner Andy Kesselring, District 1; Commissioner Parnell Townley, District 3; and Commissioner Steve F. Henning, District 5. Vice-Chairman Randy Harris, District 4, arrived shortly after the meeting commenced. Also present were Deputy Clerk Miriam Pauley, County Attorney Gordon B. Johnston, Assistant County Attorney Thomas MacNamara, Planning Department staff, and members of the news media. Comprehensive Plan/Ordinances - Chairman Cretul stated the purpose of the public hearing was to consider the second cycle of large scale land use amendments to the Comprehensive Plan. Deputy Clerk Pauley presented Proof of Publication of a display advertisement of Notice of Change of Land Use, Marion County Comprehensive Plan, published in the Star Banner newspaper on August 1, The Notice stated the Board would consider large scale land use changes by holding a transmittal public hearing. Planning Director Dwight Ganoe announced that Amendment Nos. 01-L20 by Earthmovers, Inc. and Bayside of Marion, Inc., 01-L21 by Robert Clayton Albright and Frank Parise and 01-L-22 by Tod and Cindy Wojciechowski were withdrawn. Commissioner Harris arrived at 9:07 a.m. Mr. Ganoe stated that due to a change in Florida Statute 163, the Department of Community Affairs (DCA) would begin to send a courtesy information statement to interested parties that attended the public hearing. He stated that a copy of the sign-up sheets would be submitted to DCA. Chairman Cretul stated the Planning staff and Planning Commission recommended approval of the following land use amendment applications: L19 by Margaret A. Miller, Owner and Applicant, from Rural Land to Commercial Recreation L25 by Emily Stebbins, James A. O Neal and Dana Jones, Owners, and Donald Spotts, Agent, from Medium Density Residential to Commercial L26 by Helen C. Routhier, Trustee, Owner, and John P. McKeever, Agent, from Urban Reserve to Commercial L27 by Jay Rubin, M.D., Owner, and John P. McKeever,

2 Page 2 of 12 Agent, from Urban Reserve to Commercial L29 by Marion County, Text Amendment Principal Planner Jimmy Massey announced that the agent for application 01-L25 wanted to speak. Donald Spotts, agent for the property owners, requested that amendment 01-L25 be removed from the Consent Agenda for discussion purposes. He stated there were two issues of concern: providing an adequate buffer between the residential and commercial uses, and access restrictions. Mr. Spotts stated the Land Development Code (LDC) addressed buffering requirements. He stated the site was located adjacent to NE 35 th Street and NE Jacksonville Road and access would comply with the LDC. Chairman Cretul suggested a condition be added that buffering would comply with LDC regulations. The Board agreed. In regard to amendment 01-L26, Russ Savajoel, SW 100 th Avenue, stated there was no access road fronting the site. He stated attempts were being made to construct a paved road. Mr. Ganoe advised that the Engineering Department had planned to acquire right of way for the road, however, he was not sure of the status of the project. Mr. Johnston stated the paved road would be part of the LDC regulations. Chairman Cretul advised that if DCA accepted the land use amendment, another public hearing would be scheduled. Mr. Savajoel requested that he be notified of the next public hearing. The Chairman stated today s public hearing was to consider the land use amendment. In regard to application 01-L19, Margaret Miller, stated she had photographs of the stall system and manure disposal if the Board wanted to view the photographs. Upon motion of Commissioner Townley, seconded by Commissioner Harris, the Board approved transmittal of applications 01-L19 by Margaret A. Miller, Owner and Applicant, 01-L25 by Emily Stebbins, James A. O Neal and Dana Jones, Owners, 01-L26 by Helen C. Routhier, Trustee, Owner, 01-L27 by Jay Rubin, M.D., Owner, based on staff and Planning Commission findings and conditions that the amendments would not adversely affect the public interest, were compatible with surrounding land uses, and were consistent with Florida Statutes, the Florida Administrative Code (F.A.C.), and the Comprehensive Plan and 01-L29 by Marion County, Text Amendment. Comprehensive Plan - Planner Massey continued the discussion regarding the issue of a paved road to access the site for amendment 01-L26, Helen C. Routhier, Trustee, by stating the road would need to be addressed before the site could be developed. Attorney John McKeever stated the owner was aware there was no paved road and that the developer would be responsible for construction of the road. Comprehensive Plan - The Board considered Amendment 01-L18, Venture Associates Corp., Owner and Steven H. Gray and Tim Haines, Agents, to change the land use designation from Low Density Residential to High Density Residential on acres. Senior Planner David Dunne advised that both the Planning Department and Planning Commission recommended denial of transmittal to DCA based on findings that the amendment would adversely affect the public interest, was not compatible with the land uses

3 Page 3 of 12 in the surrounding area and was not consistent with the Florida Statutes, Florida Administrative Code and Comprehensive Plan. Attorney Steve Gray, NE 1 st Avenue, appeared for Venture Associates Corp., developer of Ocala Palms, and stated the buffer preceded the development of Ocala Palms, which had been purchased during the 1980's. He stated the 200 foot wide strip of property ran adjacent to NW 60 th Avenue and the northerly boundary was the Ocala Palms development. Mr. Gray stated that a PUD was already approved for the golf/retirement community. He stated the developer wanted to complete the project by constructing 2.8 units per acre or 1,200 total units on the acre parcel. Mr. Gray stated the land use change would allow the development to continue as in the adjacent section of Ocala Palms. He commented on the County s proposal to acquire rights-of-way in the vicinity to change SW 60 th Avenue into a divided four-laned road. Mr. Gray stated the site was flat and treeless and further development by Ocala Palms should be allowed. He stated a proposed landscaped buffer of cypress trees around the edge of the property was presented to property owners that were opposed to the land use change. Mr. Gray stated that high density residential would not impact the area. He stated the more intense designation was needed due to the proposed lot sizes. Mr. Gray suggested the following compromise: the portion of property fronting on Highway 27 be granted the designation of high density residential with the remainder of the property changed to medium density residential. Commissioner Harris stated the proposed separation would not constitute the type of buffering requested by adjacent property owners, even though there were trees on the site. Mr. Gray stated the County requested 100 feet of right-of-way. Attorney Johnston advised that the appraisal to acquire the right-of-way would increase the acquisition cost if the land use designation was changed. Commissioner Harris stated the right of way issue was not under discussion since the application was for a land use change. In response to inquiry by Commissioner Kesselring, Mr. Gray stated the proposed lots would be 110 feet, which would allow four units per acre. He stated that he was trying to work with Mr. McKeever to reach a compromise acceptable to the adjacent property owners. Commissioner Harris stated he understood the concern was the actual buffering, not the number of units. Mr. Gray stated the neighbors were looking for buffering. He noted the PUD addressed that issue. Mr. Gray restated that the developer requested the land use change to high density residential. Attorney John McKeever, representing Ethel and George Stancil, adjacent property owners, presented an excerpt of the Board minutes of October 5, 1982, Minutes Book 480, pages 480 through 482, when the zoning changed from A-1, Agriculture, to R-1, single Family Residential, upon request of Sans Souci Farm, which was to include a buffer on the South 25 feet of the B-2 parcel, which would remain A-1. He stated the buffer was maintained on the site as a separation for the agricultural land uses of his clients. He stated they were aware of a proposal to widen SW 60 th Avenue and no determination could be made as to the impact to their lands until the road was widened. Mr. McKeever suggested the Board deny the

4 Page 4 of 12 application or grant permission to readdress the issue in less than one year due to the deadline to submit a large scale amendment. He stated the Board may need to address the procedures in the Comprehensive Plan due to the recent changes. In response to inquiry by Commissioner Kesselring, Mr. McKeever stated his clients requested the Board deny the land use change until they were aware of the status of the road improvements. In response to inquiry by Commissioner Harris, Mr. Gray advised that the buffer was still on the South side of the property. He stated the original PUD allowed the developer to construct Ocala Palms on one-half of the parcel. Upon call for public comment, Georgeanne Schore, SE 26 th Street, appeared to present photographs showing the trash from Ocala Palms that has remained on the adjacent property owned by her parents, George and Ethel Stancil. She stated the trash should have been removed a year ago, but was still there. Ms. Schore stated her parents had received notification of the proposed 18 hole golf course community of Ocala Palms. She stated that high density residential land uses should not be allowed in the agricultural area and that a buffer zone should be maintained. Renn Stancil Hinton, Cantonment, FL, stated a petition with 80 names of concerned residents was presented at the Planning Commission public hearing. She stated that active farming activities had been done on the adjacent land for many years. Ms. Hinton stated that cows and farm equipment were sometimes noisy. She stated the proposed change would affect the agricultural land uses. Ms. Hinton stated that a gated and guarded community did not create a good neighbor and urged the Board to protect the farm community. Harold Stancil, North US Highway 27, farm manager for Stancil s Farm, stated the requested land use amendment should not be allowed. He stated there was a hunting lease on a portion of the property, which would be affected if the high density residential land use was approved. Susan Howell, NW 16 th Place, stated she was concerned with the eye appeal in the area if the land use change was approved. She stated that houses were not appropriate along NW 60 th Avenue. Ms. Howell commented on trash problems from Ocala Palms and stated there would be no access onto NW 60 th Avenue from the proposed expansion area. She speculated it would be the next issue raised by the developer. Ms. Howell commented on the number of buses and vehicles already traveling on NW 60 th Avenue and stated that additional residential traffic was not needed. Margy Bielling, Ft.McCoy, stated that a corridor study of Highway 27 would plan the dimensions for the road. She suggested the amendment be postponed until the next cycle or until the corridor study was completed. Ms. Bielling stated the land use change would influence the traffic already on Highway 27. Commissioner Harris stated a corridor study

5 Page 5 of 12 was not needed for this area. Mr. Gray stated the current land use designation would not allow further development by Ocala Palms. He stated a buffer plan would be provided for the NW corner of the parcel prior to four-laning of NW 60 th Avenue. Mr. Gray stated the 200 foot setback requirement would still allow residential development by Ocala Palms. A motion was made by Commissioner Henning, seconded by Commissioner Kesselring, to agree with Planning staff and the Planning Commission to deny transmittal of the land use amendment to DCA. Discussion ensued with Commissioner Henning stating that four-laning of NW 60 th Avenue was not included in the Five Year TIP and noted that funding was not available for the project. He stated this was a high traffic road and that improvements were needed. Commissioner Henning stated the developer was aware of the restrictions when the parcel was purchased. He stated the adjacent property owners oppose construction of more houses, even though Ocala Palms was a good project for the area based on the issue of incompatibility with the existing agricultural uses. Commissioner Kesselring stated that high density residential was not an acceptable land use, noting that medium density was more acceptable. Commissioner Harris agreed that high density residential was not appropriate. He agreed that medium density residential with a specific plan for buffering should be presented with a future application. Commissioner Harris stated the land uses, which include hunting, rifle shooting and agricultural purposes should be pointed out to prospective homebuyers. The motion for denial was approved by the Board. Commissioner Kesselring out at 10:04 a.m. Comprehensive Plan - The Board considered Amendment 01-L23, Rolling Hills of Ocala, Ltd., Owner and John P. McKeever, Agent, to change the land use designation from Rural Land to High Density Residential on acres. Senior Planner David Dunne advised that both the Planning Department and Planning Commission recommended denial of transmittal to DCA based on findings that the amendment would adversely affect the public interest, was not compatible with the land uses in the surrounding area and was not consistent with the Florida Statutes, Florida Administrative Code and Comprehensive Plan. Attorney John McKeever, representing Rolling Hills of Ocala, Ltd., stated the application should have been submitted to request a change in the land use designation to Medium Density Residential, which was amended at the Planning Commission hearing. He stated the Planning Department advised that it was not appropriate to recommend approval to increase the residential land uses in the SR 200 corridor even with the road and traffic changes proposed by the widening project. Mr. McKeever commented on concurrency issues and land use designation. He stated the proposed development would be similar to homes in the Majestic Oaks subdivision. Mr. McKeever stated the primary access to the site would be from SW 60 th rather than SR 200. He stated that Windstream Utilities would provide central water for the proposed development. Commissioner Kesselring returned at 10:08 a.m.

6 Page 6 of 12 Mr. McKeever stated negotiations were held with the County Utilities Department regarding sewer services, contingent upon extension of the wastewater treatment facility by the County. He stated the property meets all the requisites for the medium density residential land use designation and should be approved. Mr. McKeever suggested approval be conditional that construction within the development would not proceed until the infrastructure was in place for water, sewer and roads. He stated the County could determine when, where and how development occurred. Mr. McKeever recommended transmittal to DCA for its comments. Commissioner Henning commented on the basis of staff s recommendation for denial. Mr. McKeever stated he disagreed with the staff recommendation based on the proposed use being consistent with the surrounding land use, noting that Majestic Oaks subdivision was adjacent to the tract. He stated the growth pattern for the area was changing and the land use amendment should be allowed. Mr. Massey stated the staff recommendation for denial was based on the original request for High Density Residential. He stated staff had revised the recommendation for approval when the request was changed to Medium Density Residential based on findings that it was compatible with the existing density and developments. Mr. Massey pointed out that access was the primary concern because access would be on SR 200. He stated no traffic plan was in place for the proposed new development. In response to comments by Commissioner Harris regarding the Conclusion on page 4 of staff findings, Mr. Massey advised that no trip reservations of capacity were made for SW 60 th Avenue to get to the proposed development on SR 200. Commissioner Harris suggested consideration of a method to recognize that trips would need to be reserved for future developments along SW 60 th and SR 200. Mr. Massey stated the number of trips had been acknowledged but no reservation was made for a developer until one-half of the impact fees were paid. Chairman Cretul stated the trip reservation would be based on a first-come, firstserved basis. Mr. Massey stated that 60 th Avenue to the East was reserved for future development. He stated that four proposed projects, including the Hospital and Heathbrook were allocated a designated number of trips with a reservation period of ten years. Mr. Massey stated there were no other routes available for future developments along SR 200. He stated the primary issue to resolve would be availability of traffic routes. Commissioner Harris stated that Mr. McKeever had presented a difficult application. Mr. McKeever stated the first corridor study should be performed for SR 200 in order to address the concerns. He stated the study could designate where future growth would be occurring. Mr. McKeever stated developers may need to contribute funding in order to address infrastructure. Mr. Massey stated that future development and the ability for traffic to move East were part of the issues reviewed by staff, together with location of services. He noted that roads were still the primary issue. Angeline Green, SW 33 rd Street, stated she supported denial of transmittal of the land use

7 Page 7 of 12 change because there was no need for another residential development along SR 200. She recommended a plan be developed to use the open, green spaces and stated that many interested citizens were calling for a temporary moratorium on land use changes for SR 200. Ms. Green stated there was still a large inventory of lots available for development, however, water, sewer, fire and other services were needed. She stated the County needed to develop a plan for the area so that haphazard building would stop and the green spaces would be protected. Commissioner Harris requested information be presented with future land use change applications regarding the number of reserved trips for an area along with the number of vested subdivisions. George Fisher, SW 88 th Place, a Majestic Oaks resident, President of the Majestic Oaks Homeowners Association, appeared to say he and several other residents were opposed to the land use change. He stated that access would be through Majestic Oaks from SW 60 th and Wingspread Farms. Mr. Fisher stated additional water service was not available nor were the subdivision roads designed for additional traffic. He suggested that 95 th be considered as an East/West access road. Mr. McKeever agreed there may need to be a temporary moratorium regarding development permits for SR 200. He urged the Board to proceed with the corridor study. A motion was made by Commissioner Townley, seconded by Commissioner Henning, to accept the Planning Department and Planning Commission recommendation for denial of transmittal of the land use change from Rural Land to Medium Density Residential to DCA. Commissioner Harris stated the tract fit the criteria for Medium Density Residential development, but it was premature to approve the land use change. He agreed that developers would have to participate with mitigation issues for future development because the taxpayers should not fund road improvements in the SR 200 area. The motion was approved by the Board. There was a recess at 10:41 a.m. The meeting reconvened at 10:49 a.m. with all members present, except Commissioner Harris. Comprehensive Plan - The Board considered Amendment 01-L24, Todd Watermolen, Owner and Bob Raggett, Agent, to change the land use designation from Rural Land with a Special Use Permit for a Construction and Demolition Landfill to Class III Landfill on a portion of a acre tract. Senior Planner David Dunne advised that the Planning Department recommended approval of transmittal to DCA and the Planning Commission recommended denial of transmittal to DCA.

8 Page 8 of 12 Attorney John McKeever, representing the applicant, Superior Waste Services, stated the owner wanted to reclassify the rural lands now used for a construction and demolition (c&d) landfill to a Class III landfill site. He stated the change would not create a new landfill but would alter the type of waste that could go into it. Mr. McKeever stated that staff recommended approval of transmittal of the change to DCA and Planning Commission had recommended on a 4-1 vote to reject transmittal. Mr. McKeever stated that if approval for a Class III landfill was not granted by the Board, the current operation as a c&d landfill could continue. He stated capacity was available and suggested the site be used to extend the life of Baseline Landfill. Mr. McKeever stated the applicant was aware of the requirement to request a Special Use Permit for the Class III landfill, if the land use change was approved. He stated the change would improve operations for the company. Mr. McKeever advised that in 1999, at the suggestion of County staff, Superior obtained a Class III landfill permit from DEP. Commissioner Harris returned at 10:56 a.m. Bill Gilchrist, Marketing Engineer for Florida facilities of Superior Waste Services, appeared to request approval of transmittal of the land use change to DCA for review and comment. He stated that a Special Use Permit would be requested after notification was received from DCA. Mr. Gilchrist stated Superior Waste owned the c&d landfill for three years and made improvements. Richard Keenan, Boynton Beach, certified geologist, appeared to state he had worked with Superior Waste since 1999 when the site was taken over from the former owner. He confirmed that in 1999 DEP issued a Class III landfill Permit to Superior Waste for the site. Mr. Keenan explained the primary difference between Class I, Class II, Class III and c&d landfills was the type of waste accepted for disposal. He stated that Marion County needed additional space for disposal of Class III material and requested the land use change be granted. The change would address managed growth, without creating a new landfill in the area. Mr. Keenan stated the Class III landfill would continue to accept c&d waste, which included yard trash, shredded tires, and furniture other than appliances. Asbestos would be accepted, noting there were extensive requirements involved with handling and disposal. He displayed a large drawing entitled "Typical Landfill Cross-Section" for the site. In response to inquiry by Commissioner Harris, Mr. Keenan explained the process involved with asbestos disposal. He stated that the DEP Permit allowed the following materials to be accepted at a Class III landfill: yard trash, construction and demolition debris, waste tires, asbestos, carpet, cardboard, paper, glass, plastic, and furniture other than appliances. In response to inquiry by Commissioner Kesselring, Mr. Keenan stated there was a railroad track on the West side and a 25 foot vegetative buffer with trees around the site as well as a stormwater run-off area. Mr. Gilchrist stated he was willing to include a condition on the Special Use Permit that asbestos would not continue to be accepted at the Superior Waste, Class III landfill. He stated that staff was instructed not to accept asbestos when it was aware that the material was delivered to the c&d site. Mr. Gilchrist stated that leachate was not an

9 Page 9 of 12 issue for the facility, since there was no intention to accept the type of materials that would create leachate. County Attorney Johnston stated that if leachate was discovered by DEP, the facility would have to close until it was in compliance with DEP standards. Mr. Keenan stated the waste disposal area would not be lined and that standard cover materials would be used. He stated there were toxicity characteristics that would be used to determine whether leachate was on the site, however, no contaminated materials would go into the facility. Commissioner Henning stated the neighbors needed assurance that their wells would not be affected by the expanded operation. Mr. Keenan stated the clay material between the landfill and water table would not create concerns for the neighbors. Commissioner Henning stated he opposed the proposed location for a landfill due to the site being adjacent to a railroad track, on CR 326. Mr. Keenan displayed a graph showing the water monitoring system locations on the parcel, as required by the DEP permit. In response to inquiry by Commissioner Harris, Mr. Keenan stated the operation was active in Cell I, located in the NW quadrant of the property. Chairman Cretul was advised by Solid Waste Director Allen Ellison that based on information he had reviewed, approximately 12,000 tons of waste per month was received by Bayside Landfill, a Class III facility near Baseline Landfill. He stated he could not confirm that only waste from Marion County was received at Bayside. Mr. Ellison suggested that a condition be placed on the Special Use Permit that would require Superior Waste to cap the site when capacity was reached in order to prohibit leachate from occurring on the site. Mr. Johnston confirmed that a Special Use Permit would be required by Superior Waste to operate a Class III landfill. Upon call for public comment, Karen Hooker, NE 33 rd Court, stated that Superior Waste had cleaned up the area since it was purchased from Mims, but she was concerned with the affect of the prior use of the land and clay level. She stated the landfill was a tall, stinky mess and there was no fence on the property. Ms. Hooker stated the limerock road to the facility was not maintained by the County and the dust created air pollution. She stated concern with the additional traffic to the facility with the change to a Class III landfill and that solid waste from other counties would be accepted. Commissioner Harris stated the Board could address the residents concerns regarding fencing and the road through conditions placed on a Special Use Permit. Ms. Hooker stated the Board should continue to deny the request for the proposed landfill. Commissioner Kesselring stated there were two issues under consideration: determination as to whether it was an appropriate area for a Class III landfill, resolving the issues of fencing the site and the road to the facility. Ms. Hooker stated the residents were concerned with the future impact to the lands and she would continue to oppose the landfill location. Audrey Davis, NE 36 th Avenue, stated she lived across from the landfill, which was a terrible eyesore. She stated the odor and trucks arriving early in the morning was offensive. Ms. Davis stated the County should not construct a road to the landfill facility and urged denial of the request.

10 Page 10 of 12 Candace Lewis-Khufia, Ocala, stated the proposed land use was not compatible with the surrounding area. She stated the clay had been removed when the sand-mining operation was done. Ms. Lewis-Khufia stated there was no liner available for the Class III landfill. She stated that Superior Waste should have explored other options available prior to purchasing the site. Ms. Lewis-Khufia stated the water table would be affected if the expanded use was allowed. Attorney Landis Curry, representing Avatar Properties, Inc., presented a letter, dated August 13, 2001, setting out the specific objections to the land use amendment. He stated procedural requirements set out in Future Land Use Policy 4.21 and Infrastructure, Solid-Waste Sub- Element, Policy 3.5 of the Comprehensive Plan were not followed. Mr. Curry stated a geotechnical report prepared by a certified geologist certifying there were no areas that contain Karst geology on the proposed site was not received by Planning Department staff. He stated the application was incomplete and should not be considered for transmittal. Mr. Johnston advised that the Board could deny transmittal as being incomplete. Mr. Ganoe stated the geologist had submitted some information, but did not know if it was a geotechinical report that certified there were no Karst areas on the proposed site. He stated the amendment was recommended for approval by staff based on the issuance of a permit by DEP. Chairman Cretul stated that Mr. Curry was implying that the amendment should not be considered since the information was not presented. Mr. Curry stated the information was not available for review prior to the public hearing. He stated he was raising the issue that this site was located in a karst sensitive area. Mr. Curry stated the report was required by the Comprehensive Plan and should have been available for review. Commissioner Harris stated this was a substantive issue to resolve. Mr. Ganoe advised that an application was received by the project hydrologist at the time of the DEP permit process, which was the basis for the Planning staff review. Mr. Johnston requested the Board allow time for him to review the information. There was a recess at 11:52 a.m. The meeting reconvened at 12:02 p.m. with all members present. Mr. Johnston advised that he had inspected the referenced information available in the Planning Department file. He confirmed that a document was prepared by a geologist which had been submitted with the first application from Superior Waste, stating there was no evidence of karst features from their sub-surface testing. Mr. Johnston stated that technically, the report was not submitted with the application now under consideration, nor available for public review. Commissioner Townley stated he would prefer to continue with the public hearing. Chairman Cretul stated he preferred not to move ahead with consideration of the issue now. Commissioner Henning agreed that the Comprehensive Plan policy required the certified report by a geologist.

11 Page 11 of 12 Mr. Keenan stated the report submitted during the recess would comply with the requirement of the Plan. He commented on karst geology differences, which exist statewide. Mr. Keenan stated there was no evidence of karst factors evident at this site. He stated eight monitoring wells were drilled around the exterior of the site, noting that wells were not drilled within the actual landfill site. Mr. Ellison stated that ground penetration monitoring devise was used before drilling was actually performed to test the karst sensitivity on the nine acres at Baseline Landfill. Chairman Cretul suggested the 1999 report may need to be re-certified. Commissioner Henning suggested that he would make a motion to deny the application. At that point, Mr. McKeever submitted a request to withdraw the application. He advised that an application would be submitted during the next large scale comprehensive plan amendment process, together with a certified geotechnical report. A motion was made by Commissioner Townley, seconded by Commissioner Henning, to approve withdrawal of application 01-L24. The motion to withdraw the application was approved by the Board. After brief discussion, a motion was made by Commissioner Townley, seconded by Commissioner Harris, to waive the $1,300 application fee for a new application to be submitted by Superior Waste. Mr. Gilchrist stated that Superior had always received good cooperation from County staff and advised that the company would have complied with the requirements if they had been made aware of the need to file the certified report with the Planning Department prior to the public hearing. The motion was approved by the Board. Comprehensive Plan - The Board considered Amendment 01-L28, Marvin and Kathleen Shives, Owners and Steven Gray and Tim Haines, Agents, to change the land use designation from Rural Land to Commercial on a acre tract. Senior Planner David Dunne advised that the Planning Department recommended denial of transmittal to DCA and the Planning Commission recommended approval of transmittal to DCA. Attorney Steve Gray, representing the applicants, described the property fronting on US 441 and Sunset Harbor Road. He stated the proposal was to begin to cluster commercial areas so that services would be available to area residents and not require them to drive to SR 200 for those services. Mr. Gray stated that adequate buffering could be provided. He requested the Planning Commission recommendation and findings for transmittal to DCA be approved by the Board. Mr. Gray stated that a larger site for residential development would be needed and that commercial land uses would be the best use of this site. He stated the area was changing and should begin to be classified a non-city, urban area. There was no public comment. Commissioner Townley agreed that the proposed commercial land use should be approved and moved to approve transmittal to DCA based on Planning Commission findings and

12 Page 12 of 12 recommendation that the amendment would not adversely affect the public interest, was compatible with the land uses in the surrounding area and was consistent with the Florida Statutes, Florida Administrative Code and Comprehensive Plan. The motion was seconded by Commissioner Harris. The motion to transmit to DCA was approved by the Board. There being no further business to come before the Board, the meeting thereupon adjourned at 12:39 p.m. Attest: David R. Ellspermann, Clerk Larry Cretul, Chairman Meeting minutes adopted by Board of County Commissioners on September 18, 2001.