Commission Minutes 6-2002

PLDRC: Vice-Chairman Lou Benton said that a special joint meeting between the PLDRC and City Commission would be held May 14th.

June 4th would be the next joint meeting with the City Commission. Subject: Comp Plan, Land Use Map

Historic Preservation Board: May 13th, the board would consider the issuance of a Certificate of Appropriateness.

A discussion concerning street signs also ensued.

Parks & Rec. Board: Chairperson Barbara Snowden indicated that two workshops had been held to discuss the potential placement of a skating court at Blake Park and the possibility of the Parks & Rec. Board assuming responsibility for the Teen Program. A representative from the County Health Department met with Lou Benton and Don Findell concerning the placement of the restroom at Lake Macy Park.

PUBLIC HEARING

Consideration of a Development Agreement between Larry and Barbara Ballard and the City of Lake Helen � Bed & Breakfast.
(This discussion took almost three hours.)

The Ballards had issues regarding the Development Agreement and they did not fully agree with the stipulations in Section 4 � renting boats to guests, the number of guests allowed at parties, �vested property rights,� commercial lot standards, parking, etc.

The Ballards� attorney presented their Stipulation and Settlement Agreement through their attorney, which was presented to the City Commission only a short time prior to the meeting.

Mr. Ralph Kelly objected to �limited retail sales� and indicated he felt the Stipulation would �open a can of worms.�

Mr. Tony Troy indicated that any commercial activity in a residential area would diminish property values and have a negative impact on the quality of life of residents in that area. He requested that the City allow its Motion to Dismiss be decided by a judge.

Mr. Jim Connell indicated that the two proposed agreements were not similar in content.

Ms. Kim LaBarre indicated that a Bed & Breakfast facility in a residential area would impact property values as it would change the character of the neighborhood.

Mr. Lou Benton noted that he has always been opposed to placing a Bed & Breakfast in a residential area. He questioned how the City could justify the issuance of an occupational license to the Ballards for a non-conforming use while revoking the occupational licenses of others for the same reason. He also questioned whether signage for the property would be permitted as commercial or residential since the proposed facility was a commercial use in a residential area.

Ms. Tura Schnebly indicated that the Ballard�s proposed Settlement Agreement required adequate time for review but suggested that it wasn�t the appropriate instrument to be used in this situation. She indicated that criteria needed to be established for Bed & Breakfast facilities. She was concerned about outside activities, parking issues and she requested this be a personal right instead of a right attached to the land. Ms. Schnebly encouraged the Commission to listen to the City Attorney whose responsibility it was to represent the City.

Rev. Grady Snowden suggested that the Commission find a solution through the establishment of a committee to review all options.

Mayor Shuttleworth noted the Ballards� Settlement Agreement stated, (1) �City of Lake Helen admits that the equities in this suit are with the Ballards and agrees that they shall prevail in their lawsuit. City of Lake Helen admits the facts set forth in the Complaint and this Stipulation and that the Ballards have in good faith and in reliance on acts and omissions of the City of Lake Helen made substantial changes in their position and incurred extensive obligations and expenses and it would be highly inequitable or unjust to destroy the rights that they have acquired and deny the use of the bed and breakfast facility as a bed and breakfast facility.� (2) �The property shall be the primary residence of the owner or manager operating the bed and breakfast on premises.� (3) �Parking for special functions shall be at a location other than on the streets on the City of Lake Helen.� He also noted vague references to alcohol sales and changes in the landscaping requirements.

Comm. Finn indicated that the issue may be whether the proposed facility was to be a Bed and Breakfast or an Inn. He commented he felt that the proposed activities of the Ballards were those of an Inn.

Mr. Findell cautioned the Commission to take heed from mistakes of the past when the Commission had not taken the attorney�s advice. He strongly recommended that the Commission listen to the advice of Atty. Groot who had indicated that the use of a Development Agreement would protect the citizens of Lake Helen as a whole, and not just individual residents.

Atty. Groot suggested that he and the City Administrator should prepare a memorandum detailing the issues, the ambiguities and the differences present in each document (Development Agreement proposed by the City and the Settlement Agreement proposed by the Ballards).

(As I said earlier, this discussion lasted almost three hours and much more had been said. To learn more, please obtain copies of the minutes from City Hall.)