The Lake County Board of County Commissioners met in regular session on Tuesday, November 19, 1991, 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: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Michael Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Hanson.

PRESENTATION OF RESOLUTION

COUNTY EMPLOYEES/PERSONNEL

Commr. Bailey presented a resolution to Mr. Brad Bauserman, Recycling Coordinator, for his outstanding service as the Recycling Coordinator for Lake County.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Gregg, and carried, the Board approved the following request:

Accounts Allowed

Request for payment of Warrant No. 143013 through Warrant No. 143355, for the following accounts:

County Transportation Trust Landfills

Fire Districts General Revenue

Capital Outlay Animal Shelter Trust Fund

Mosquito Control Aquatic Weed

Emergency 911 Fund Law Library

Resort & Development Fund Tax Countywide Library

Sales Tax Commissary Trust Fund

Miscellaneous/Gas Fund Private Industry Council

Section 8 Northeast Ambulance

Bonds - Contractor

Request for approval of the following Contractor Bonds:

New

4170-92 Russell S. Hoffman dba Classic Construction & Design

4620-92 Malcolm H. Allio (Electrical)

4795-92 Andrew J. Hendrix dba A. J. Hendrix Roofing

5034-92 Steve LaPlante dba Chill-Ez Heating & Air

5035-92 Otto G. Umlauf dba U & R Electric, Inc.

5036-92 James Jeffrey Lanier dba J & J Electric

5037-92 Myron Deetz-Smith Air Conditioning

5038-92 A. B. Scragg dba A. B.'s Plumbing

5039-92 Nancy L. Hopkins dba Golden Triangle Air Conditioning

& Refrigeration

5040-92 Richard E. Woods, Mid-Sun Plumbing, Inc.

4594-93 Douglas Griffin

Cancellations

89-91 Bob Carbaugh Builders, Inc.

4676-91 Christopher M. Murphy dba CMM Structures Corporation

4904-91 Theodore J. Majewski, Jr. (Electrical)

4089-92 Walter Shafer dba Lake Sumter Enterprises

Accounts Allowed/Reports

Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending October 31, 1991, in the amount of $154,378.38.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz requested that Tab 7 be pulled for the purpose of discussion, and Mr. Mike Anderson, Interim County Manager, requested that Tab 3 be pulled.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests, consisting of Tab 1 through Tab 13, with the exceptions of Tab 3 and Tab 7:

Accounts Allowed/Jails/Communications

Request approval of FCC License Application for an internal radio system for the new jail, with application fee in the amount of $405.00, and authorized proper signatures on same.

Accounts Allowed/Contracts, Leases & Agreements/Jails

Request approval of Florida Department of Law Enforcement Contract for a NCIC terminal in the jail complex for processing and checking of inmates with criminal histories, at a cost of $2,800.00, and authorized proper signatures on same.

Contracts, Leases & Agreements/Jails

Request approval of an amendment to the contract with Correctional Services Group of Kansas City, dated July 13, 1988, for consultant services relative to the new jail complex.

Contracts, Leases & Agreements/Grants/Mosquito-Aquatic Plant Management

Request approval of Grant Amendment for DNR Contract #C-7357, Cooperative Aquatic Plant Management Program Grant.

Rights-of-Way, Roads & Easements

Request to accept non-exclusive easement dedications:

Large Lot Waiver

Sec. 2, Twp. 18, Rg. 26 - District 5

Island Lake Properties/West Forest, Inc.

Subdivisions/Planning & Development

Request for final approval of The Plantation at Leesburg, Greentree, subject to review and approval by the County Attorney.

(85 lots in District 2)

Roads-County & State/Resolutions

Request to accept East 8th Avenue (#5-7980) into the County Road Maintenance System.

Deeds/Rights-of-Way, Roads & Easements

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

For Lot Approval

Kyle L. Havill - Thrill Hill Road (#4-5880)

Road Closings - Permission to Advertise

1. Request to advertise Vacation Petition No. 659 by George F. Green by Robert R. Cyrus to vacate easement in Lady Lake area, District 5.

2. Request to advertise Vacation Petition No. 670 by Todd K. Gore to vacate right-of-way (Canal Drive) Lancaster Beach, Clermont area, District 2.

3. Request to advertise Vacation Petition No. 671 by Charles G. Kuharske to vacate easement, Groveland Farms, Mascotte/Groveland area, District 2.

SUBDIVISIONS/PLANNING & DEVELOPMENT

Commr. Swartz stated that he could not support the request for preliminary approval of the Rose Hollow Subdivision due to the fact that the subdivision is located adjacent the city limits of Astatula, and should be required to include sidewalks.

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated sidewalks were eliminated from this request due to the fact that there are no other sidewalks that link up to those in the subdivision.

Commr. Gregg stated that he cannot support requiring sidewalks when there are no other sidewalks in the area.

Commr. Bailey stated that he supports sidewalks when they are continuous, but not in this circumstance.

A motion was made by Commr. Gregg, which was seconded by Commr. Hanson to approved the request for preliminary approval of Rose Hollow Subdivision. (14 lots in District 3)

Under discussion, Commr. Swartz stated that the Subdivision Regulations call for sidewalks, and should be required in all cases that have urban densities or are urban areas.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ADMINISTRATIVE SERVICES-BUDGETS/BIDS

Mr. Tom Neumayer, Executive Director of Corrections, appeared before the Board to respond to questions presented by Commr. Bakich regarding Item 1. computer network hardware and installation for the jail, in the amount of $98,411.95. Mr. Mike Anderson, Interim County Manager, stated that direction was given by the Board to look into the possibility of hiring a consulting firm or hiring a position that would review computer applications. He stated that a computer committee has been formed to address the issue of maintenance agreements, try to set a base line that will rule out maintenance agreements on some of the less costly office equipment, and establish the procedures for putting in place maintenance agreements on the more costly pieces of equipment.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes.

The Requisitions for the Corrections Division have been processed in the same manner as they were done prior to Lake County Board of County Commissioners assuming responsibility. At present, the Jail Administrator is in the process of bringing these procedures in compliance with County purchasing policy and procedures. Request permission to waive the bid and quote process at this time.

PLANNING & DEVELOPMENT/MEETINGS

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated that Henigar & Ray, Inc. has prepared and submitted the Land Development Regulations to the Land Development Regulations Technical Review Committee for comment. He

stated that it has been suggested that the Board participate in a joint workshop between the Board, the Planning & Zoning Commission, and the Land Development Regulations Technical Review Committee for the purpose of exchanging ideas, at which time, a presentation will be made by Henigar & Ray.

It was the decision of the Board to schedule the joint workshop, open for public comment, between the Board, the Planning & Zoning Commission and the Land Development Regulations Technical Review Committee for the purpose of a formal presentation by Henigar & Ray, Inc. on December 5, 1991 at 1:30 p.m.

MUNICIPALITIES/MEETINGS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present an update on the County Road Impact Fee dispute that exists between the Town of Lady Lake and the County. Mr. Stivender stated that County staff, Mr. Mike Anderson, Mr. John Swanson, Ms. Pat Mayhill, Ms. Mary Scott and himself, have meet with the Town of Lady Lake and Mr. John Lynch, Town Manager of Lady Lake on several occasions. He stated that Lady Lake is interested in some type of possession on the location of the boundary lines. He stated that one of the County's concerns is, if the lines are changed, the monies that are set aside in the existing districts would stay locked into those lines and would be exhausted, therefore, creating a need for a new budget line and accounting system starting from a new line for that district and any adjacent districts that would be affected. He further stated that another issue of concern is the clarification on credit on impact fees.

Mr. Stivender stated that the City of Leesburg is opposed to any change in the boundary lines of Road Benefit District 3, and the City of Fruitland Park does not favor, but has no objection to, a change in the boundary lines.

Mr. Stivender stated that he is suggesting that a joint meeting be scheduled with the Town of Lady Lake.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to accept the findings and facts, as indicated in the memo dated November 12, 1991, authorize the Chairman to make minor clarification changes as needed, and send these findings to the Town of Lady Lake.

It was the decision of the Board to schedule a meeting with the Town of Lady Lake on December 16, 1991.

ACCOUNTS ALLOWED/BIDS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request to accept and execute Change Order No. 1 to Project No. 14-91, C-473/C-44/Radio Road Intersection Improvements to Superior Asphalt Company, Inc. in the amount of $1,350.00.

Commr. Swartz stated that the intersection improvement that was completed at Highway 19 and Lane Park cutoff has a very bad dip in the road and requested that Mr. Stivender address this issue with his staff.

RESOLUTIONS/TOURIST DEVELOPMENT COUNCIL/COUNTY PROPERTY

Mr. Dave Warren, Tourist Development Director, appeared before the Board to present this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval of a resolution establishing the process for the reimbursement and the proration of expenditures made from Tourist Development/Resort Tax funds for the county property at State Road 19/U.S. Highway 27 and the Turnpike.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present the Agreement between Lake County and Winston & Strawn for legal consulting services with respect to the re-negotiations with Ogden Martin Systems of Lake County, Inc.

A motion was made by Commr. Bakich and seconded by Commr. Swartz to approve the request for approval of the Agreement between Lake County and Winston & Strawn, and proper signatures on same.

Under discussion, Commr. Hanson stated that she has a concern with the wording "annual adjustment".

Commr. Swartz stated that it was his impression that this issue would be resolved in a timely manner, with Ms. Lustgarten stating that Winston & Strawn are attempting to have their first meeting with Ogden Martin by the beginning of December. She stated that the goal is to resolve this issue in four to six months.

The Chairman called for a vote on the motion, which carried unanimously.

COUNTY ATTORNEY'S MATTERS

PLANNING & DEVELOPMENT/SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, presented an update on the administrative hearing process in relation to the Comprehensive Plan. Ms. Lustgarten stated that a petition has been granted to the City of Eustis, and they are now a party to the administrative hearing process as an intervener.

Ms. Lustgarten stated that the Comprehensive Plan will not apply in the Green Swamp until such a time that the Department of Community Affairs (DCA) adopts a rule which states the Comprehensive Plan complies with the regulations. She stated that DCA has filed notice of an adoption of a rule to find that the Lake County Comprehensive Plan does not meet the principles for guiding development in the Green Swamp. She stated that the County has filed a request for an administrative hearing on that rule. She stated that the Notice of Intent to adopt the rule was filed in the Florida Administrative Weekly on November 8, 1991, and the County requested that an Administrative Hearing Officer be appointed.

Ms. Lustgarten stated that an administrative hearing has been established for Ray Ranch and Corinthian Park, the two petitions in the Green Swamp that have been appealed by DCA, for February 24, 1992, to be held in Tavares, Florida.

SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Greater Orlando Aviation Authority and Gannett Publishing have been in the process of seeking appeal of a number of trial court decisions. On October 17, 1991, the Fifth District Court of Appeals ruled on appeals that were pending.

Ms. Lustgarten stated that it was determined by the District Court of Appeals that Chapter 17 Lake County Code, which deals with "Airport Space" in Lake County, is the proper code to proceed under. Ms. Lustgarten stated that an injunction was issued pending the administrative process by the Court, and Greater Orlando Aviation Authority was required to post a $1,000,000.00 bond. She stated that Guy Gannett, Inc. was seeking attorney's fees and costs. It was determined that Gannett was not entitled to attorney's fees or cost. There was a hearing scheduled on November 17, 1991 regarding the release of the injunction bond.

SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the County will be responsible for the costs and fees relating to the Mark Olvera case. She stated that to-date the costs and fees are in the amount of $30,853.00. Ms. Lustgarten stated that she will keep the Board informed of future costs.

COMMISSIONERS' BUSINESS

ACCOUNTS ALLOWED

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.

LIBRARIES/MUNICIPALITIES

Commr. Swartz brought up for discussion the process for which cities in Lake County may rejoin the library system. He stated that discussions have occurred with the City of Umatilla and preliminary discussions have occurred with the Town of Lady Lake regarding joining the county library system. He stated that the Umatilla Library Board has recommended that the Umatilla City

Council address the issue of rejoining the county library system at their meeting this evening.

Commr. Swartz stated that it was his assumption that the Board would favorably consider requests to rejoin the county library system and attempt to make the necessary budget amendments.

Ms. Eleanor Anderson, Executive Director of Management/Budget, appeared before the Board to address the financial ramifications of this issue.

Commr. Swartz introduced Dr. Robert Miller, Chairman of the County Library Board, and other members of the County Library Board that were present in the audience.

Commr. Swartz stated that the Board previously budgeted a grant, in the amount of $25,000.00, to each library that was a member of the county system. In addition to the $25,000.00, each library is being paid $11.00 per patron, based on the number of adult patrons from the unincorporated area. He suggested that the county pro-rate those figures for the Town of Lady Lake and the City of Umatilla if they wish to join the county library system.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved adoption of a policy of accepting back, into the county library system, those cities using the type of funding formula the County has used with the existing libraries; subject to the County's funding situation with the cash balances being favorable; and subject to the City of Umatilla or any other city expressing the interest to sign the interlocal agreement and rejoin.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved the appointment of Mr. Herman Durias to replace Ms. Paulette Alexander to the Lake County Planning and Zoning Commission, with his term to expire February 28, 1992.

Discussion occurred regarding the effect redistricting will have on the members of the Planning & Zoning Commission, with

Ms. Annette Star Lustgarten, County Attorney, stating that redistricting will affect the membership on the Zoning Commission, due to the fact that the members of the Commission must be residents of the districts they represent.

COMMITTEES/MEETINGS

Commr. Hanson stated that a meeting has been scheduled with the Constitutional Officers on November 20, 1991, at 2:00 p.m., for the purpose of discussing the Palm Beach Study.

Commr. Swartz stated that an article appeared in a recent publication regarding the Palm Beach Study and directed staff to locate a copy of the article for the Board's review.

PUBLIC HEARINGS - ROAD CLOSINGS

Petition No. 669 - Jim Stivender, Jr. - Fruitland Park Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present this request.

No one present in the audience wished to discuss this request with the Board.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved Petition 669, Jim Stivender, Jr., to vacate street, Piney Woods Subdivision, Fruitland Park area, District 5, as advertised.

Petition No. 652 - Arthur P. Ennis - Mt. Dora Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that Petition No. 652, Arthur P. Ennis, to vacate a portion of an easement in Lake Joanna Estates is a rehearing, which was approved by the Board on July 16, 1991.

Mr. Steven Richey, Attorney representing Mr. and Mrs. Tench (Lot 42) and Mr. and Mrs. Ennis (Lot 41), Lake Joanna Estates, appeared before the Board and stated that this request is to vacate a 25 foot easement, that affects Lot 41 and Lot 42, and reviewed the issues that prompted this petition to be brought back before the Board. Mr. Richey stated that the applicant is requesting the County vacate the entire 25 feet allowing for a pool and home improvements to remain intact. He stated that the residents in

Eichelberger Estates have concerns with the condition of North Drive. Mr. Richey stated that he would like to suggest the Board vacate 15 feet, the County remove the improvements that were allowed to be there by County error based on the site plan being

approved and the property owner not being advised they were prohibited from making the improvements. He stated that, based on Mr. Stivender's recommendation made in a memo, dated October 7, 1991, he would like the Board to waive the requirement of 50 feet right-of-way for the purposes of lien assessment and accept the 25 feet plus the 15 feet. He requested that any code violation caused by the existing easement be waived by the Board. Ms. Cecelia Bonifay, Attorney representing Mr. and Mrs. Petree (Lot 40) and Mr. and Mrs. Natzke (Lot 39), Eichelberger Estates, appeared before the Board and requested they also waive the requirement for 50 feet of right-of-way to 40 feet so the property in question can be listed for potential special assessment in the future.

Mr. Stivender stated that his recommendation is to vacate the northern fifteen (15) feet of Lot 41 and Lot 42, and retain ten (10) feet. At this time, discussion occurred regarding the vacating of said easement.

Mr. David Judd, a resident of Eickelberger Estates, appeared before the Board in opposition and to address the issues involved in this request. He stated that proper notification of meetings have not been given to the residents in the area regarding the petition. He further stated that he does not understand why it is now necessary for a rehearing on the petition to vacate the easement when it was denied at the July 16, 1991 Public Hearing. Commr. Gregg stated that the rehearing is an attempt to work out both sides of the argument regarding this issue.

A motion was made by Commr. Hanson, which was seconded by Commr. Swartz to approve Petition No. 652 by Arthur P. Ennis to vacate the northern fifteen (15) feet of the easement; move the fence and shrubbery; clay the road; put in drainage corrections;

and waive the fifty (50) foot requirement to thirty-five (35) feet for the right-of-way in the event that there is a special assessment in the future, Lake Joanna Estates, Mt. Dora area, District 4, as advertised.

Under discussion, Mr. Richey stated that he would like to have reflected in the Board's action the acknowledgement that the pool and garage intrusion are not in violation based on Code Enforcement.

Commr. Swartz stated that for clarification purposes, the pool and garage intrusions will not be in the right-of-way, but they will not have the necessary set-backs.

Commr. Swartz stated that he is reluctant to vacate rights-of-way but will support this request because it does retain enough right-of-way for a special assessment, and it deals with the County's error in granting permits for the home improvements in place.

The Chairman called for a vote on the motion, which carried unanimously.

RECESS & REASSEMBLY

At 10:40 a.m., the Chairman announced that the Board would recess and reconvene at 11:00 a.m., for a Public Hearing.

PUBLIC HEARINGS

ROADS - COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present the Department of Transportation Presentation of the Tentative Five Year Work Programs for FY 1992-93 through FY 1996-97.

Ms. Nancy M. Houston, District Director, Planning and Public Transportation, appeared before the Board and stated the program is based on revenues anticipated to be available from federal and state sources. She stated that the list of projects presented to the Board today are included in the Five Year Work Program and those projects that are already in the program will receive first priority. The program reflects a $130,000,000.00 decrease in

revenue state wide. She stated that it is assumed that the General Funds will be basically the same as they have been over the last several years. She stated that they are required to present the Five Year Transportation Plan to the Board of Transportation Commission for a state wide public hearing to be held in January.

At this time, Ms. Houston briefly reviewed projects on State Road 19, State Road 25, State Road 40, State Road 44, State Road 48, State Road 50, State Road 500 and State Road 530.

Commr. Swartz stated that he would like to express his thanks to Mr. Tom Berry and the Department of Transportation for their help with the road project through Tavares.

RECESS & REASSEMBLY

At 11:20 a.m., the Chairman announced the Board would recess and reconvene at 11:30 a.m. for a Public Hearing.

ORDINANCES/PLANNING & DEVELOPMENT

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present the Ordinance creating the "Deer Island Community Development District". She also presented three amendments for the Board's review. Ms. Lustgarten reviewed the amendments as follows:

Page 1, Line 24 - insert after "1991", "hereinafter referred to as "Petition";"

Page 2, Line 2 - insert "October 30"

Page 2, Line 13 - insert "The boundaries of, and real property within,"

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the amendments as stated above.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved Ordinance No. 1991-15:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING THE "DEER ISLAND COMMUNITY DEVELOPMENT DISTRICT", PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR THE ESTABLISHMENT AND NAME OF THE DISTRICT, TO BE KNOWN AS THE "DEER ISLAND COMMUNITY DEVELOPMENT DISTRICT"; PROVIDING FOR THE LEGAL DESCRIPTION, PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR POWERS, PROVIDING FOR APPLICABILITY OF CHAPTER 190, FLORIDA STATUTES, AND ALL OTHER APPLICABLE STATUTES, ORDINANCES, RULES AND REGULATIONS; PROVIDING FOR NO LAKE COUNTY OBLIGATIONS;

PROVIDING FOR NO LIMITATION ON LAKE COUNTY POWERS; PROVIDING FOR DISCLOSURE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Commr. Swartz voted "No".

Commr. Bakich was not present for the vote.

ORDINANCES/PLANNING & DEVELOPMENT

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present the Ordinance creating the "Country Greens Community Development District". She stated that the legal description attached is incorrect and a corrected legal description will be prepared before the Ordinance is processed.

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and stated that they will supply the corrected legal description to the County Attorney.

Ms. Lustgarten presented two amendments as follows:

Page 1, Line 24 - insert after "1991", "hereinafter referred to as "Petition";"

Page 2, Line 16 - insert "The boundaries of, and real property within,"

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the amendments as stated above.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the board approved Ordinance No. 1991-16:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING THE "COUNTRY GREENS COMMUNITY DEVELOPMENT DISTRICT", PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR THE ESTABLISHMENT AND NAME OF THE DISTRICT, TO BE KNOWN AS THE "COUNTRY GREENS COMMUNITY DEVELOPMENT DISTRICT"; PROVIDING FOR THE LEGAL DESCRIPTION, PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR POWERS; PROVIDING FOR APPLICABILITY OF CHAPTER 190, FLORIDA STATUTES, AND ALL OTHER APPLICABLE STATUTES, ORDINANCES, RULES AND REGULATIONS; PROVIDING FOR NO LAKE COUNTY OBLIGATIONS; PROVIDING FOR NO LIMITATION ON LAKE COUNTY POWERS; PROVIDING FOR DISCLOSURE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

RECESS AND REASSEMBLY

At 11:35 a.m., the Chairman announced that the Board would recess and reconvene at 2:00 p.m. for Rezoning.

ZONING

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the following postponement:

POSTPONEMENT

#119-91-4 Jon M. Hall 12-17-91

Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board, and explained each of the following cases before they were heard.

At this time, Mr. Stubbs stated that Robert & Marian McKinney, Petition #111-91-5, have requested that their petition be moved to the first order of business due to special circumstances.

A motion was made by Commr. Bakich, which was seconded by Commr. Hanson, to move Petition #111-91-5 to the first order of business on the agenda.

Under discussion, Commr. Swartz stated that he supports postponing this request due to opposition.

The Chairman called for a vote on the motion, which passed by a 4 - 1 vote.

Commr. Swartz voted "No".

PETITION #111-91-5 A TO R-1-5 ROBERT & MARIAN MCKINNEY

Ms. Marian McKinney, the applicant, appeared before the Board and stated that they have 7.5 acres and plan on using only 5 acres or two 2.5 acre parcels.

Mr. Curtis Grigsby, a resident of Lisbon, appeared before the Board in opposition to this request. He stated that roads in the Lisbon area will not support the added density.

A motion was made by Commr. Bakich, which was seconded by Commr. Gregg to uphold the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to R-1-5 (Mobile or Mixed Residential) for the placement of mobile homes.

Under discussion, Commr. Swartz stated that it is not clear if the intent of the Board is for Rural Villages to provide for R-1-5 zoning throughout a given area. He stated that he would support a

request for rezoning to a density that is compatible with the Comprehensive Plan, but not to zone to one density and then have a Developer's Agreement go the other direction. Commr. Swartz further questioned the Board's intent regarding the Rural Village classification.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

PETITION #228A-89-4 PETER VOLCHKO & MARK CARSON ET AL

Mr. Greg Stubbs stated that a thirty (30) day postponement was granted on this petition at the October 15, 1991 Public Hearing.

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and stated that she is representing Mr. Peter Volchko, and Mr. Mark Carson has no ownership interest in the property in question. She stated that they are asking for a one (1) year extension of the PUD (Planned Unit Development). She stated that questions have been raised by the abutting property owners regarding the size of the lots. She further stated the majority of the lots have been reduced from the original PUD due to the intervention of the Department of Community Affairs. Ms. Bonifay presented the new development proposal, consisting of 218 lots for the Board's review. Ms. Bonifay stated that the PUD is consistent with the Comprehensive Plan that was in effect at the time the development was approved and is vested under the language in the Old Comprehensive Plan.

Mr. Dom Boetto, a local resident on the northern end of the development, appeared before the Board and stated that he was concerned with the higher density on the northern end, but has met with the developers and is now agreeable with the changes.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for a one (1)

year extension of an approved preliminary PUD Ordinance #101-89 (Gatwick II).

PETITION #101-91-2 A & A+CUP#87/6/5-2 TO PUD PARADISE LAKE ESTATES

Mr. R. J. Whidden, R. J. Whidden & Associates, Inc., the applicant, appeared before the Board and stated that a frontage road along S.R. 50, and a density of 1.03 unit per acre has been incorporated into the plan. He stated that the plan now consists of 126 units and an upland area has been set aside. Mr. Whidden stated that the development will connect to the City of Groveland water system.

In response to a question presented by Commr. Swartz in regard to the water system, Mr. Greg Stubbs stated that clarification that the development will be connecting to the City of Groveland water system will be added to the PUD language.

Commr. Swartz stated it is important that the developer install the necessary infrastructure at the beginning of the developing process.

Commr. Swartz stated that language under the PUD Special Requirements, which states "if adopted by the County", should be deleted and language should read "The applicant shall be required to pay the sum of one-hundred and twenty-seven ($127.00) per lot for fire impact fee".

No one appeared in opposition to this request.

A motion was made by Commr. Gregg, which was seconded by Commr. Bakich, to uphold the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) & A+CUP#87/6/5-2 to PUD (Planned Unit Development) for a single-family residential development.

Under discussion, Commr. Swartz stated that he would not support this request due to language in the Wetlands Ordinance which allows altering more than 10% of wetlands.

Mr. Jim Barker, Pollution Control Director, appeared before the Board and stated that, environmentally and ecologically,

altering of the wetlands will have a positive effect. He stated that over the years, due to citrus operations, fertilizers have caused the ponds to be overgrown with cattails, resulting in very little diversity and a low ecological value. He stated that one to one mitigation will be provided, using several different aquatic species and connecting to Lake Douglas and Lake Sumner to improve the ecological value.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swarz voted "No".

PETITION CUP#91/10/1-5 A CONDITIONAL USE PERMIT IN A LAWRENCE & GLADYS I. HOUGH

Mr. Greg Stubbs stated that the purpose of this request is to use and keep an existing mobile home for use as a caretaker's residence for the nursery business; and for construction of a second mobile home for living quarters for the owners.

No one appeared in opposition to this request.

The applicants were present in the audience for questions.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission to approve a request for rezoning to A Conditional Use Permit in A (Agricultural) to use and keep an existing mobile home for use as a caretaker's residence for the nursery business; and for construction of a second mobile home for living quarters for the owners.

PETITION #108-91-3 A TO PFD LAKE COUNTY SCHOOL BOARD

Commr. Bakich stated that he was concerned with the issue of noise associated with a public safety training complex for police and firefighters and questioned if there was an ordinance addressing the issue of noise. Mr. Stubbs responded that there is not an ordinance addressing this issue.

Mr. Fred Morrison, Representative for the Lake County School Board, appeared before the Board to answer questions.

Ms. Cecelia Bonifay, Attorney, appeared before the Board and stated that she represented the Eustis Gun Club at the time they requested their PFD zoning. She stated that the PFD included specific conditions attached for noise, lighting, and sound.

Mr. Morrison stated that late night training is necessary, and it is not realistic to train police and firefighters on this site in daylight hours only.

Commr. Swartz stated that the Board recognizes the need for the training facility, but conditions need to be included to protect the residents that live and have investments in the area. He suggested that these provisions be addressed by staff and those involved with the training facility.

No one appeared in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board moved to postpone Petition #108-91-3 for thirty (30) days, with a public hearing to be scheduled on December 17, 1992.

Commr. Swartz directed staff to provide him with a copy of the PFD for the Eustis Gun Club and to schedule a meeting with Mr. Terry Miller, those involved with the facility, and himself for the purpose of looking at the noise factors.

PETITION #118-91-3 A TO PFD RUFUS L. SUGGS

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and presented a copy of the site plan. She stated that the conditions deal with buffering, screening, and special requirements required by staff with regard to permitting and constructural design.

No one appeared in opposition to this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to PFD (Public Facilities District) for constructing, maintaining and operation of a communications facility.

Petition #121-91-2 ER to AR MARK & APRIL INGRAM & TED BURLESON

Ms. Cecelia Bonifay, Attorney representing the applicants, appeared before the Board and stated that this request is for the purpose of making the zoning consistent with the surrounding area.

No one appeared in opposition to this request.

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

PETITION #114-91-2 A TO RR WEST LAKE GROVES PARTNERSHIP

Mr. Ben Blackburn, representing the applicant, was present in the audience to answer questions.

No one appeared in opposition to this request.

A motion was made by Commr. Gregg and seconded by Commr. Hanson, to Board uphold the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to RR (Rural Residential) for a single-family residential development.

Discussion occurred regarding the location of this request, at which time, Mr. Stubbs stated that the request is consistent with the Comprehensive Plan.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

PETITION #116-91-1 A TO ER MARVIN O. SMALLWOOD

Mr. Marvin O. Smallwood, the applicant, was present in the audience to answer questions.

No one appeared in opposition to this request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning

from A (Agricultural) to ER (Estates Residential) for a single-family residential development.

PETITION #117-91-2 A TO RR DEWEY BURNSED & R.C. CARTER

Mr. Steven Richey, Attorney representing the applicants, appeared before the Board and stated that this request consists of twenty-seven (27) acres to be developed into seventeen (17) one acre lots. He stated that a wooded area is being left Agricultural for the purpose of a buffer between this property and a neighboring development, and a wooded area to the north has also been left as a buffer.

No one appeared in opposition to this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to RR (Rural Residential) for a single-family residential development.

PETITION #113-91-1 R-1-5 TO PFD ST. JOHN BAPTIST CHURCH

The applicants were present in the audience to answer questions.

No one appeared in opposition to this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from R-1-5 (Mobile or Mixed Residential) to PFD (Public Facilities District) for the addition of two restrooms and two offices to an existing church, and to bring zoning in conformance.

PETITION #112-91-5 A TO PFD THEODORE SZWEC

No one appeared in opposition to this request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to PFD (Public Facilities District) for construction of a church.

PETITION #120-91-1 LM TO M-1 JEFFREY A. RIX

No one appeared in opposition to this request.

Mr. Steven Richey, Attorney representing the applicant, appeared before the Board to answer questions regarding this issue.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from LM (Light Manufacturing) to M-1 (Heavy Industrial) for assembly of heavy machinery and welding.

PETITION #52-91-4 R-1-10 TO RR DEREK S. SHEPHERD

Mr. Greg Stubbs stated that there is one letter in opposition to this request from the City of Eustis.

No one appeared in opposition to this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from R-1-10 (Medium Residential) to RR (Rural Residential) to rezone to original zoning category, which was zoned to R-1-10 in a previous request.

Commr. Swartz directed staff to notify the City of Eustis that the Board is aware of the RR (Rural Residential) conflict with greenhouses and will be addressing this issue during the Land Development Regulations (LDR) review.

PETITION #237A-89-3 ONE YEAR EXTENSION OF PUD ORD#97-89 RT. 347 REALTY CORPORATION

No one appeared in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for a one (1) year extension of the approved preliminary PUD#97-89 (Little Lake Harris) for an extension for upgrading the PUD.

PETITION #238B-86-2 ONE YEAR EXTENSION OF PUD ORD#38-89 A.E. LANGLEY

Ms. Cecelia Bonifay, Attorney representing the developer, Mr. Gene Langley, appeared before the Board and stated that Mr. Ted Wicks, engineer on the project, was present in the audience. Ms. Bonifay stated that they are requesting a one (1) extension of the approved preliminary PUD Ord.#38-89.

No one appeared in opposition to this request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for a second one (1) year extension of the approved Preliminary PUD Ord.#38-89.

PETITION #124-91-2 A TO R-1-15 JOANNE SNIDER & CARMELITA NICADO & JAMES & KELLY GOSS

No one present wished to discuss this request.

No one appeared in opposition to this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to R-1-15 (Residential Estates) for construction of a single-family residence.

PETITION #58-91-3 CP SITE PLAN REVIEW PAUL BRYAN &

GEORGE MCCABE

Mr. Greg Stubbs presented a site plan for the Board's review.

Ms. Patty McDonough, Windsor Homes & Developers, Inc., appeared before the Board to answer questions presented by the Board regarding the site plan.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for CP (Planned Commercial) site plan review and approval of a site plan for an office building.

RECESS AND REASSEMBLY

At 3:30 p.m., the Chairman announced that the Board would recess and reconvene at 4:00 p.m.

PUBLIC HEARING

TIMES CERTAIN

PETITION #106-91-3 A & RR TO PUD JOHN F. LOWNDES

Mr. Greg Stubbs appeared before the Board and stated that Petition #106-91-3 is a continuation of the public hearing held on October 15, 1991. He stated that recent revisions have been received in the applicant's request for rezoning from A (Agricultural) & RR (Rural Residential) to PUD (Planned Unit Development). Mr. Stubbs stated that the changes essentially revise the single family and commercial density.

Mr. Steven Richey, Attorney representing the applicant, appeared before the Board and stated that a meeting was held on October 26, 1991 with those who were interested and had concerns regarding the petition. He stated that the general plan has been reviewed based on the input from the neighbors and friends in the area. He stated that they have asked staff to revise some of the PUD documents, deleting six (6) of the variances that were originally requested.

Mr. John Percy, Glatting Lopez Kercher Anglin, appeared before the board to reviewed the changes that have been made to the site plan as a result of the public meeting held at the Minneola Elementary School on October 26, 1991. He stated that the total commercial density has been reduced approximately 1,000,000 square feet, with residential densities being reduced by approximately 400 units.

Mr. Richey reviewed revisions in the Land Uses category and stated that there will be 144,000 square feet of commercial within this project, reduced from the 1,400,000 square feet in the original site plan. He stated that anything beyond that would be conditional on the turnpike exchange.

Mr. Sam Pennington, Attorney in Lake County, appeared before the Board in opposition to this request. He stated that the Board ruled in a similar petition that R-1-15 was too great a density for the rural area due to the traditional agricultural zoning in the area, and being over a mile from Minneola. He stated that the plan before them today is located further in the country than the petition he is referring to. He stated that he opposes this project because of a lack of an adequate base providing highways, sewage, and other services to support it. He further stated that it is inconsistent with the rulings of the Commission in the past, and is strongly opposed by all of the residents in the area.

Mr. Casey Contini, a local resident, appeared before the Board and stated that he opposes the location of the commercial property and the density of the project is too great.

Mr. Ben Blackburn, a local resident, appeared before the Board and stated that he supports this project. He stated that there is no better way to develop a rural area than with a Planned Unit Development (PUD).

Mr. Michael Cronin, a local resident, appeared before the Board in opposition to the project and stated that the entire area in question is a prime recharge area for the Florida aquifer and expressed his concern that this development could result in permanent damage to the aquifer.

Ms. Vera Pennington, a local resident, appeared before the Board in opposition to the project and stated that her concern is with the heavily traveled roads.

Mr. Jack Welton, a local resident, appeared before the Board to address the issue of commercial located within the development. He stated that commercial should be located along Highway 27. Mr. Welton further stated that locating the commercial within the development would result in trucks using the two lane roads as access to the commercial.

Mr. John Hall, a local resident, appeared before the Board and stated that the Comprehensive Plan discourages urban sprawl through

a future land use pattern which promotes orderly and compact development. The development in question is a classic example of urban sprawl. He stated that the PUD does not address the impact of the PUD on public facilities and service, and the impact to the surrounding residences.

Ms. Caroline Carter, a local resident, appeared before the Board to address the issue of the lakes in the area. She stated that five lakes will be affected by the development and expressed her concern that safeguards are not in place to protect these lakes.

Ms. Valerie Contini, a local resident, appeared before the Board in opposition to this request and stated that she is representing approximately 250 people that have submitted letters. She stated that this PUD is incompatible with the area and commercial zoning should be limited to Highway 27. She strongly urged the Lake County School Board to internalize the elementary school. She stated that they oppose the variance that allows the developer to sell any unplatted land to other developers once they have their zoning, and encouraged safeguards regarding the wells, and potable water. She stated that the PUD should go through a Development of Regional Impact (DRI) review before the Commissioners vote. Ms. Contini stated that, if this development passes as anything other than rural homesites, the interchange is not removed, the commercial, industrial zoning and multi-family housing is not removed from the interchange area, they will appeal the decision.

Ms. Lisa Rutzebeck, a resident of Clermont, appeared before the Board and stated that the project offers the infrastructure, the economic base to encourage major commercial people to spend their money.

Ms. Pat Leonard, a resident of Eustis, appeared before the Board in opposition to the request and addressed the out of control growth in the County.

Mr. Lawson Wolfe, a local resident, appeared before the Board and asked the Board to support opportunity and progress for Lake County by approving The Highlands project. He stated that the project will give the property the opportunity to develop taxes, and will provide opportunities and jobs for people. Mr. Wolfe presented to the Board copies of a briefing prepared by the Claremont Institute entitled "Mandate for Prosperity".

A resident from the City of Eustis appeared before the Board in opposition to this request. She stated that homes sitting empty in the cities should be filled before a development of this magnitude is developed in the rural areas.

Ms. Carol Bond, a local resident, appeared before the Board and stated that her concern is with the issue of adequate schools to accommodate the additional students, and the density of the growth pattern that is taking place in the area. She asked that the Board down size the density, down size the commercial and use sane judgment in making an intelligent decision.

Ms. Barbara Turcyn, a local resident, appeared before the Board and stated that the Board has the rare and wonderful opportunity of setting limits and standards to guide the County towards citizenry, and to provide for a lifestyle that the citizens now enjoy. She stated that the Board should use their power to channel the growth, plan for the growth, and allow for the growth but also maintain the standard of growth.

Ms. Cindy Nollmeyer, a local resident, appeared before the Board in opposition to this request. She stated that she does not support a five (5) year PUD, and strongly opposes the project being voted on without going through the Development of Regional Impact (DRI) process.

Ms. Catherine Blackburn, a local resident, appeared before the Board and stated that it is not the American way to prevent others from moving to Lake County. She further stated due consideration should be given to the fact that the Greater Construction Company has done what they agreed to do.

Mr. Howard Barry, representing Concerned Citizens for South Lake County, appeared before the Board in opposition to this request and stated that this development will raise taxes and destroy the quality of life in Lake County.

Ms. Edwinna Roane, a local resident, appeared before the Board and stated that this development will offer affordable housing and will help to lower the taxes.

Ms. Paula Templin appeared before the Board and requested, for the record, a show of hands of those in opposition to this request for the Department of Community Affairs. There were thirty-six (36) in opposition to The Highlands project.

Ms. Ann Dupee, a reporter with the South Lake Press, appeared before the Board and stated that the Department of Transportation has informed her that they have been asked by Lake County to study the possible interchange, which would take approximately six (6) months for the study, and if the project is approved, an additional three and one-half (3 1/2) years will be needed to design and build the interchange.

Mr. Richey addressed many of the issues that were of concern to those who appeared before the Board in opposition to this request. He stated that the over-all density of the project is 1.15 per acre and commercial has been internalized to capture as much traffic as possible within the local area, preventing over crowded highways and roads in the area. He addressed the environmentally sensitive areas, the reverter clause, the variances, impact fees, infrastructure and Development of Regional Impact (DRI).

Mr. Robert Mandell, President of Greater Construction Company, appeared before the Board and gave a brief history of the Greater Construction Company and their participation in the community, stating that their goal is to build and create communities, not just houses, which is what they are doing in Lake County. He stated that they have worked hard toward a compromise.

Commr. Bailey brought up for discussion the issue of the location of the school, at which time, Mr. Mandell stated that the present location of the school is the location requested by the Lake County School Board.

Mr. Stubbs explained each of the variances before the Board from Lake County Subdivision and Zoning Regulations.

A motion was made by Commr. Gregg and seconded by Commr. Bakich to uphold the recommendation of the Planning and Zoning Commission to approve a request for a variance that allows the sale of unplatted sections of the PUD for development by another owner, subject to the approved PUD Development Plan. The granting of this variance would not preclude the applicant from going through the Development of Regional Impact (DRI) process. No permits shall be issued for this or any portion of this project until the DRI or Preliminary Development Agreement (PDA) Order is approved.

Commr. Swartz questioned if a variance is included which allows for the waiver of the open space requirement over the overall project as opposed to the individual elements.

The Chairman called for a vote, which was carried by a 4 - 1 vote.

Commr. Swartz voted "No".

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for a variance to allow the cul-de-sac diameter to be 100 feet only on curb and gutter section roadways.

A motion was made by Commr. Hanson, and seconded by Commr. Bakich, to uphold the recommendation of the Planning and Zoning Commission to approve a request for a waiver of Open Space requirement which requires applicant will provide at least 25% open space for the PUD consistent with Policy 8-8.6 of the Comprehensive Plan, which states open space will be at least 25 % of the gross land area to be calculated on the entire PUD and not on individual development tracts.

Commr. Swartz stated that a plan is designed to have open space related to those types of land uses, whether they are residential or commercial. The open space requirement that is required for the commercial should be related to the commercial and not allocated elsewhere.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for waiver that "Recreation facility be calculated on the entire PUD and not on an individual tract as long as the cumulative area provided exceeds the total cumulative area required as the tracts are developed".

Commr. Swartz voted "No".

Mr. Stubbs stated that the applicant is requesting, under Section 93.13 - Drainage Easements, a waiver of the above requirements both for Section 84.11 and Section 93.130, to allow the use of a 20 foot easement for maintenance.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for waiver of the above requirements both for Section 84.11 and Section 93.130, to allow the use of a 20 foot easement for maintenance provided that there are no open drainage systems (ditches, etc.).

A motion was made by Commr. Gregg, which was seconded by Commr. Bakich to uphold the recommendation of the Planning and Zoning Commission to approve a request for waiver with the time aspect in which the developer must provide the County a bond for sodding stipulating that sodding will be provided at the time of home/commercial development instead of requiring that a sod strip along the pavement edge and full sodding of right-of-way where grades exceed three percent (3%) be provided; prior to the acceptance of the street by Lake County, subject to the minimum

stipulation that sodding be provided, per code, prior to the release of the maintenance bond and assumption of the maintenance by Lake County.

In answer to a question presented by Commr. Swartz, Mr. Don Griffey, Engineering Development Division Director, stated that the Planning and Zoning Commission approved the standard language requirement with the stipulation prior to release of maintenance bond and assumption of maintenance by Lake County.

The Chairman called for a vote on the motion, which carried unanimously.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for waiver of pressure pipe encasement being required on roads, with the exception of the requirement of pressure pipe encasement on all major roads.

A motion was made by Commr. Gregg, and seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission to approve the request for extension of the PUD 2-year period to be in effect for a 5-year period.

Under discussion, Commr. Hanson stated that she feels there is the safety factor going through the Development of Regional Impact (DRI) and not being able to pull permits until the DRI is concluded and approved.

Commr. Swartz stated that by approving this zoning prior to going through the DRI process and going forward with a Predevelopment Agreement, extensive development and impacts can occur prior to and during the entire period of the DRI process.

Ms. Annette Star Lustgarten, County Attorney, stated that the applicant has the ability to enter into a Preliminary Development Agreement with the Department of Community Affairs for development under the DRI threshold. A Preliminary Development Agreement requires that an application is filed for a DRI within ninety (90) days. She stated that the Board of County Commissioners will issue

the development order on the DRI once it has been through the DRI process.

The Chairman called for a vote on the motion, which was carried by a 4 - 1 vote.

Commr. Swartz voted "No".

Commr. Gregg brought up for discussion the suggested language presented regarding residential tracts with a gross density less of 2.0 units per acre or less may be served by on-site septic systems. Mr. Jim Barker, Pollution Control Director, stated that staff has not had an opportunity to evaluate this request. Commr. Gregg stated that it is important to look at this project as an overall project and density. He stated that he cannot support the idea that 350 homes out of 1,600 homes are not being served by central water and sewer service.

No action was taken on this issue.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to include language in the PUD which states "No commercial development of tracts 2N and 2P shall occur prior to construction of the turnpike interchange."

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve the amendments and rezoning of the PUD (Planned Unit Development) as amended, with the inclusion of a chemical management plan for the golf course.

Mr. Barker stated that there are concerns from the adjacent property owners about the potential contamination of adjacent wells, and have asked that a condition be included that would allow the developer to be allowed to test a well to determine if contamination is tied to the development and if the contamination is due to the development, the developer would provide a water source for that property.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved a request to allow the developer to

test adjacent wells to determine if there is contamination tied to the development; and if there is contamination, the developer will provide a water source to said property.

Commr. Bakich was not present for the discussion or vote.

Ms. Lustgarten stated that a correction should be made under Special Requirements regarding the fire impact fee. The School Impact Fees would apply only to a dedicated school site and not a reserved school site.

A motion was made by Commr. Swartz, and seconded by Commr. Hanson to delete language from Special Requirements as follows: "The applicant shall receive a credit against applicable impact fees for the value of the reserve school site."

Under discussion, Mr. Richey stated that there are several places in the PUD Ordinance where it talks of different dates of submittal. He stated that the current submittal is dated November 12, 1991 and all dates should be corrected to read November 12, 1991.

The Chairman called for a vote on the motion, which carried unanimously.

Commr. Bailey brought up for discussion the "Reverter Clause" which states "These parcels will revert back to multi-family and commercial uses as depicted in original PUD application, should the property adjacent to the west rezone to commercial or multi-family."

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to delete the above stated language.

Commr. Gregg stated that the PUD requires the storm water system to meet the same standards as an Outstanding Florida Water. He stated that those protections are included in the PUD.

Commr. Hanson stated that the developer has made an effort to address some of the concerns that the citizens have presented and feels the five year PUD will offer control and a much better plan than if RR (Rural Residential) zoning was in place.

A motion was made by Commr. Gregg, and seconded by Commr. Bakich to uphold the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) & RR (Rural Residential) to PUD (Planned Unit Development) with waivers from Lake County Subdivision Regulations and Lake County Zoning Ordinance as amended for single-family residential homesites and commercial development.

Commr. Gregg stated that his concerns with the commercial square footage have been addressed by the developer and 1,000,000 square feet of commercial has been removed. He stated that the requirement that no commercial development of tracts 2N and 2P shall occur prior to construction of the turnpike interchange is more in line, and the market will determine that construction.

Commr. Hanson stated that the incorporation of the traditional neighborhood district adds to this plan.

Commr. Swartz stated that the plan is not compatible with the rural land use patterns that are in existence now, with an average density of one-half acre per lot. The project should first go through a Development of Regional Impact (DRI), to identify the regional concerns. He further stated that the comments made and concerns expressed by the citizens on the lifestyle of the area are right on target.

The Chairman called for a vote on the motion, which 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 6:30 p.m.

______________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

____________________________

JAMES C. WATKINS, CLERK

msf/12-10-91/11-19-91