The Lake County Board of County Commissioners met in regular session on Tuesday, January 26, 1993 at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Don Bailey; Welton G. Cadwell; Rhonda H. Gerber. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Administrative Assistant to the County Manager; James C. Watkins, Clerk, (Mr. Watkins was not present due to another commitment); Barbara Lehman, Finance Director; and Marlene S. Foran, Deputy Clerk.

Reverend Doctor Craig Millett, Pilgrims' United Church of Christ, Leesburg, gave the Invocation and led the Pledge of Allegiance.

MINUTES

Regarding the Minutes of December 15, 1993 (Regular Meeting), the Chairman requested that the Minutes of December 15, 1993 be postponed until the February 4, 1993 Board Meeting.

PERSONAL APPEARANCES

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed/Assessments/Subdivisions

Request for approval of Satisfaction of Assessment Liens, as follows:

Highland Lakes

Terry Lee and Winora Jeannine Bettis $968.35

Mt. Plymouth Subdivision

Douglas Farwig $1,061.37

Douglas Farwig $1,037.63

Douglas Farwig $847.74

Pennie A. Thomas $1,186.15

Astor Forest Campsites

Thomas C. & Nancy Wilder, Jr. $2,272.52

Haines Creek Heights

Lois E. Wertz $1,083.91

Lake Crescent View Development

Melinda Jane Shanahan $2,587.79

Mount Plymouth II

William V. Greathouse & Carol A. Greathouse $668.24

Forty Eight Estates

Harold A. & Shawn M. Simpson $1,315.17

Betsey Welch $1,088.66

Charles E. Welch $1,329.35

Western Shores

Ernest Welsh $472.61

Hilltop Subdivision

Marcel Desgalier $1,106.24

Marcel Desgalier $790.17

Bonds - Contractor

New

4422-93 Robert Fitzsimmons dba Maronda Homes, Inc. of Florida (General)

4857-93 Clarence Cook (Aluminum)

4122-93 Ronald L. Hart, Sr. (Home Remodeling)

5013-93 Silliman Homes, Inc. (General Contractor)

5177-93 Electrical Power Services, Inc.

5178-93 Thomas Beasley (Plumbing)

5179-93 Fairway Sign Corporation/Omer Clark

5180-93 Richard G. Henrickson (Residential Building)

5181-93 Gary V. Jellison dba Jellison Electric Company

5182-93 Statewide Electric, Inc. - General

5183-94 Ron Kaiser and Mark Newman (Aluminum)

5184-93 Joseph M. Zetts dba Black Hawk Developers, Inc.

5185-93 Paul Fedynich dba Professor Watts Electric Service, Inc.

5186-93 Rodney Pearce (Carpentry)

Cancellations

26-92 James A. Sheddan (Electrical/Air Conditioning)

1268-92 Senatore & Berg Construction Group, Inc.

1942-92 Conrad G. Collins (Building Contractor)

3080-92 Larry D. Mott

3094-92 Denis J. Dunne (Heating & Air Conditioning)

4480-92 Roger Facemire (Roofing Contractor)

4431-92 Kenneth B. Coker (Air Conditioning)

5106-92 R. L. Heil Plumbing

5074-92 Dennis Michele (Residential Contractor)

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment, Case No. 79-516-CF, Stephen E. Burtoft, in the amount of $250.00, and authorized proper signature on same.

Accounts Allowed

Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.

Ordinances/Municipalities

Request to acknowledge receipt of Ordinance Number 92-38 from the City of Leesburg, annexing certain property owned by the St. Johns River Water Management District, generally located south of U.S. Highway 441, North of Sunnyside Drive and east of Sleepy Hollow Road, which is contiguous to the city limits of the City of Leesburg, Florida, adopted by the City Commission on December 28, 1992.

Accounts Allowed/Reports

Request to acknowledge receipt of monthly distribution of revenue from Traffic/Criminal Cases, month ending December 31, 1992, in the amount of $132,035.28. Same period last year: $136,376.57.

PUBLIC HEARINGS/TIMES CERTAIN

ROAD CLOSINGS

PETITION NO. 689 - Angelo J. Adriano, Jr. - Sorrento Area

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present this request. Mr. Stivender noted that this request had been postponed previously, and the issue of concern regarding a well located in the upper half of the closed right-of-way has been resolved. Mr. Stivender stated that the property owners to the west, Robert and Lois Smith, have expressed concern with the issue of legal access and have an interest in retaining some type of right-of-way in this area. Mr. Stivender stated that the Smiths have agreed to a 40 foot right-of-way.

Mr. Angelo J. Adriano, Jr., the applicant, appeared before the Board and expressed his concern with a drainage easement located around his property and the property of Mr. Sorce, an adjacent property owner, and further expressed concern with a utility box located in the front portion of the road way, to which Mr. Stivender responded that the drainage easement is not in the

area being vacated. Mr. Stivender further stated that the utility box is located within the right-of-way of the cul-de-sac, but is located between two property lines and will not be affected.

Ms. Lois Smith, property owner adjacent to the applicant's property, appeared before the Board and expressed concern that they not be deprived of legal access to their property, and noted that this is their only legal access to their property.

Mr. John Beattie, a property owner north of the Smith's property, appeared before the Board in opposition to this request. Mr. Beattie stated that it was his understanding that the road in question was designed for future development, and he was opposed to blocking the access.

Commr. Hanson made a motion, which was seconded by Commr. Bailey (for the purpose of discussion), to approved the request for Road Vacation Petition No. 689 by Angelo J. Adriano, Jr. to vacate all but 40 feet of road, and possibly grant a private easement to the Smiths at a later time, Gatwick Subdivision - PB 29, Pgs. 65 & 66, Sec. 17, Twp. 19, Rge. 28, Sorrento Area, Commissioner District 4, as advertised.

Under discussion, clarification was made that the appropriate forty (40) feet to be vacated would be twenty (20) feet each side of the center line of the existing platted right-of-way, and that the drainage and utility easements are to be retained.

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

PETITION NO. 703 - John Berry - Minneola Area

Mr. Jim Stivender, Director of Public Services, presented this request to the Board. Mr. Stivender stated that one letter has been received, from Inn at Park Center, Inc., questioning the closing of said road, and one letter has been received in opposition to this request.

Ms. Bonnie Roof, representing the property owners in Block A of Howey Subdivision "A", appeared before the Board and stated that said property owners are requesting the vacation of the easement

that is north and south of the lots in Block A so that Rainbow Lane can be extended by publicly dedicating a 50 foot wide right-of-way with a cul-de-sac turn at the end. She stated that the property owners would like the current Rainbow Lane extended to correct a run off problem. At this time, Ms. Roof presented, for the record, a letter from Steve and Sue Smith, stating that they have no objections to this request.

Mr. Steve Richey, representing Inn at Park Center, Inc., appeared before the Board and stated that the easement, that has been proposed to be vacated, connects to Inn at Park Center property to the east, and is the Inn at Park Center's access, tying together two parcels. He stated that it was his understanding that this request would be continued 30 days, during which time they would like to work out alternate access to their property.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone the request for Road Vacation Petition No. 703 by John Berry to vacate road, Howey Subdivision "A", Sec. 8, Twp. 22, Rge. 26, Minneola area, Commissioner District 2, for 30 days, until February 23, 1993, as advertised.

PETITION NO. 705 - M. L. Spikes - Clermont Area

Mr. Jim Stivender, Director of Public Services, presented this request to the Board.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Road Vacation Petition No. 705 by M. L. Spikes to vacate drainage and utility easement, Lago Vista, Sec. 25, Twp. 22, Rge. 26, Clermont area, Commissioner District 2, as advertised.

PETITION NO. 706 - Robert Mandell - Clermont Area

Mr. Jim Stivender, Director of Public Services, presented this request to the Board.

Mr. Robert Mandell, President of Greater Construction Corporation, appeared before the Board and stated that he has been contacted by Mr. Bosserman, Mr. Williams and Midway Industries, Inc., abutting property owners, regarding access to their properties. Greater Construction Corporation has prepared a letter to said property owners agreeing to provide alternate access to said property on Hancock Road, and that portion of the property, which is adjacent to the property to be zoned for Greater Pines Subdivision.

Mr. Perry Gibson, a local property owner, appeared before the Board and expressed his concern that Hancock Road was to be a three lane road, with improvements to the exits from Hancock Road onto State Road 50, at the time the hospital was constructed, and these improvements have not occurred.

Mr. Stivender stated that subdivision requirements will require road improvements, at which time he presented a brief reviewed of the improvements scheduled to be made.

Mr. Gibson stated that there is a fifteen foot clay easement adjacent to his property, which is resulting in water run off on to his property and on to Hancock Road.

Mr. Jim Bible, Greater Construction Corporation, appeared before the Board and presented a status report on the proposed subdivision and stated that construction plans are in the process of being approved and that construction will begin within the next two or three weeks. He noted that Hancock Road and intersection improvements will be completed during the first phase of the project.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Road Vacation Petition No. 706 by Robert Mandell - REP: Jim Bible to vacate roads and tracts, Lake Highlands Company, Postal Colony Company, Sec. 28, and 33, Twp. 22, Rge. 26, Clermont area, Commissioner District 2, as advertised.

PETITION NO. 707 - Chris Blanton - Tavares Area

Mr. Jim Stivender, Director of Public Services, presented this request to the Board.

No one present wished to speak in opposition to this request.

Mr. Jim Loflin, representing the applicant, appeared before the Board and stated that the applicant is requesting that the lots in question be vacated, and rezoned to Agricultural so that the applicant can make them a part of his existing ranch.

Commr. Swartz expressed concerned that to rezone the property in such a manner would be inconsistent with the adjacent and surrounding lots in the area. He cautioned Mr. Loflin and the applicant that, if the lots are vacated, it may be inconsistent to return them to an Agricultural designation adjacent to R-3 (Residential) zoned lots.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition No. 707 by Chris Blanton - REP: Jim Loflin to vacate lots, sec. 25, Twp. 19, Rge. 25, Tavares area, Commissioner District 3, as advertised.

REPORTS - PUBLIC HEARINGS

PLANNING & DEVELOPMENT

Ms. Annette Star Lustgarten, County Attorney, stated that the final draft of the Stipulated Settlement Agreement, before the Board this date, has been negotiated with the Department of Community Affairs (DCA) in relation to the Comprehensive Plan Administrative Hearing procedures. She stated that there are two minor changes to what had been previously presented to the Board, and the Board has before them a copy of the confirmation letter from DCA agreeing to the language as amended.

Ms. Lustgarten reviewed the most recent changes to the Settlement Agreement, noting a change on page 2 (J) Plan Amendment - November 3, 1992, which deletes the reference to the Statutory procedure specifically applicable to implementing a Settlement Agreement. She further noted a date change in language,

addressed in Exhibit B, on page 54, which references the enactment of a Vested Rights Ordinance. The original draft Exhibit B referenced March, 1993 as the date that the Board of County Commissioners would enact said Ordinance. DCA agreed to changing said date to July, 1993, and the Board will have to consider an amendment to the Land Development Regulations in relation to the vesting language that will be in the Comprehensive Plan consistent with Florida Statutes and common law. She stated that an additional date change has been made to language, on page 56, which addresses Lots of Record and requires aggregation of Lots of Record. The original date of November 3, 1992, which was the date of enactment implementing the Settlement Agreement, has been changed to be the effective date of the Comprehensive Plan Amendment implementing the Stipulated Settlement Agreement, which is the language that will be used consistently throughout the other changes within the Comprehensive Plan.

Ms. Lustgarten stated that Exhibit "A" is the original notice of intent to find the Lake County July, 1991 Comprehensive Plan inconsistent; Exhibit "B" is the language which will be incorporated into the Comprehensive Plan and an Ordinance amending said plan; and Exhibit "C" is the petition of DCA in response to the November 3, 1992 amendment that was adopted by the Board.

Commr. Swartz announced that the time had arrived for the public comment portion of the Public Hearing on the proposed Stipulated Settlement Agreement with the Department of Community Affairs.

Mr. Alton Roane, Development Services Coordinator, City of Eustis, appeared before the Board and stated, for the record, the on-going objection of the City of Eustis to the Board's acceptance of the Stipulated Settlement Agreement. The City of Eustis believes that they have a written agreement between the City and the Board of County Commissioners, which indicates that the County would adopt the portion of the Comprehensive Plan that would be used in the City's joint planning area with the County's Comprehensive Plan. The City of Eustis has relied on the written agreement between the City and the County to the City's detriment.

Ms. Cecelia Bonifay, Attorney, representing a number of intervenors in the litigation between Lake County and the Department of Community Affairs (DCA), appeared before the Board and requested clarification, on the record, of several issues that her clients have raised. She questioned whether the context of the Exhibits, of the August 25, 1992 and November 3, 1992 compliance agreements, are repealed by the adoption of the documents before the Board today.

Ms. Lustgarten responded to issues raised by Ms. Bonifay, and stated that the Stipulated Settlement Agreement sets forth what the remedial language will be in an amendment to the July, 1991 Comprehensive Plan. The Settlement Agreement provides that, when the Board receives an executed Settlement Agreement, the Board will then take formal action to withdraw the August 25, 1992 transmitted amendment. The County has agreed, in the Settlement Agreement, to repeal the November 3, 1992 amendment in the same ordinance within which the Board will be adopting the amendment to the Comprehensive Plan, which are the remedial provisions provided for in Exhibit "B".

Ms. Bonifay addressed changes in the language contained in the Vesting Provisions, page 54, and questioned why language has been included in the test of the Comprehensive Plan Vesting Provisions only for existing Lots of Record. She stated that, if the objective is to develop an entirely new vested rights ordinance, several legal interpretations could be made of this language. She stated that said language would be controlling regardless of what is in the LDRs; therefore, the LDRs would have to be modified to comply with the Plan.

Ms. Bonifay stated that her clients have spent a lot of time and money to be intervenors so that they would have the opportunity to participate in this process, and although they are still not happy with many areas of the Comprehensive Plan, they feel that it is in the best interest of Lake County to put this issue to rest and to move forward.

At this time, the Chairman called for further public comment. There being none, the public portion of the public hearing was closed.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Stipulation Settlement Agreement, including Exhibits A., B., and C., between the Board of County Commissioners and the Department of Community Affairs.

Ms. Lustgarten stated that originals will be forwarded to DCA for execution, and anticipating that the originals will be executed and returned in a timely manner, the amendment to the Comprehensive Plan implementing this is scheduled for the Planning and Zoning Commission on February 24, 1993. She stated that, in anticipation of having a recommendation from the Planning and Zoning Commission, sitting as the Local Planning Agency, having a signed Settlement Agreement, and at the Board's direction, adoption of the amendment implementing the Settlement Agreement will be scheduled for the March 2, 1993 Board of County Commissioners' regular meeting.

ZONING

At this time, the oath was administered by the Deputy Clerk to Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services; Mr. Jim Barker, Director of Environmental Management; Mr. Jim Stivender, Director of Public Services; Mr. Don Griffey, Director of Engineering, Public Services; and Ms. Ann Weekes, Planner II, Development Regulations Services.

PETITION NO. CUP/10/2-3 CUP IN A BARBARA MCCABE

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request to the Board and stated that the applicant is requesting a thirty (30) day continuance of Petition No. CUP/10/2-3 to enable the applicant additional time to provide County staff with supplementary information, as well as address various concerns

raised by adjacent property owners. He stated that he is not comfortable going forward on this case until additional requested information from the applicant can be provided.

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board and presented a letter, dated January 21, 1993, requesting a thirty (30) day continuance to enable the applicant additional time to provide County staff with supplementary information as well as address various concerns raised by adjacent property owners. Said letter was submitted into evidence as County Exhibit No. 1, to be kept on file in the Clerical Support Division of the Clerk's Office. She noted that said letter was also sent certified mail to Mr. Steve Turner, Mr. Pat Adams, and Mr. Carroll Ward.

Mr. Steve Turner, adjacent property owner, appeared before the Board in opposition to the request for continuance; at which time the oath was administered by the Deputy Clerk. Mr. Turner stated that he would like to have this case settled today and feels that the applicant has had adequate time to provide the requested additional information.

Mr. Pat Adams, adjacent property owner, appeared before the Board in opposition to the request for continuance; at which time the oath was administered by the Deputy Clerk.

Mr. Stubbs stated that the applicant has been requested to provide information pertaining to the type of lighting system to be installed, how they are going to shade their lighting, and the type of speaker system that is proposed to be used on the sight. He reiterated that he does not feel comfortable going forward until these items are addressed.

Discussion occurred regarding postponement of this request, at which time, Ms. Lustgarten cautioned the Board that their deliberations must be based on comprehensive facts and information, and they must have sufficient information to make the decision to postpone this request.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to postpone a request for a CUP in A (Agricultural) for boarding and training horses and for horse shows and events.

Commr. Swartz requested that the motion be amended to include a 60 day postponement, to be rescheduled on March 23, 1993, at 6:00 p.m., and that all of the affected property owners be renoticed.

Commr. Cadwell agreed to include in his motion the wording as presented by Commr. Swartz.

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

PETITION NO. 79-92-4 A AND RR TO CP WITH C-1 & C-2 USES &

A AND RR TO R-1 Robert F. Evans

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request to the Board. He stated that the County Attorney has informed staff that, if the rezoning from A (Agricultural) to R-1 (Rural Residential) is being requested within the Mt. Plymouth/Sorrento Urban Compact Node, Transfer of Development Rights (TDRs) will be required for that portion of this request, even though it is not located within the Wekiva River Protection Area. He further stated that, in regard to CP (Planned Commercial), staff is in opposition to granting C-1 and C-2 uses and has requested that the applicant submit a list of prohibited uses, as well as specific uses, to be allowed on the sight.

Ms. Annette Star Lustgarten, County Attorney, stated that the Comprehensive Plan and the Land Development Regulations (LDRs) clearly identify the Mt. Plymouth/Sorrento Urban Compact Node. The purpose in creating the urban node to include land other than land within the Wekiva River Protection Area was to provide a place to which Transfer of Development Rights could be allocated. The language is very specific in the amendment and the LDRs that, in the entire urban node, in order to increase density over and above that which is in place, TDRs are required.

Commr. Hanson stated that said language was not the intent of the Board, and that the intent of the previous Board was that the TDRs were only within the Wekiva River Basin. She stated that it is pertinent that the Board deal with this case as soon as possible, before the boundaries of the Wekiva River Basin are extended to include the Mt. Plymouth/Sorrento Urban Compact Node. She further stated that the intent was to restrict growth in the urban node of the Wekiva Basin, and not to restrict the growth outside of the Wekiva River Basin in the urban node of Mt. Plymouth/Sorrento.

Discussion occurred regarding the intent of said language, and if, in fact, the intent is that TDRs be limited only to the Wekiva River Basin; at which time Commr. Swartz suggested that the Board deal with the zoning request before the Board this date, and address the issue of the intent of said language at another time.

Commr. Hanson stated that, based on the discussion this date, it is not clearly identified how the Board can rezone to R-1 (Rural Residential) without TDRs, at which time it was noted that density cannot be increased without TDRs.

Ms. Lustgarten noted that the request is a mixed application seeking commercial zoning as well as residential zoning, and suggested that the Board may choose to leave the residential zoning as is, and consider only the commercial zoning, until such time as the Comprehensive Plan and the LDRs are amended in respect to the direction given by the Board.

Ms. Bonnie Roof, representing the applicant, appeared before the Board, and the oath was administered by the Deputy Clerk. Ms. Roof stated that the County has never required TDRs during administrative lot splits, or her understanding of a formal PUD that was put into this area. She is requesting that the Board approve the rezoning this date, and deal with the issue of splitting the property into two lots at another time. She further stated that she would like for the Board to hear this case based on action they have taken in the past.

Commr. Swartz stated that what has been done in the past violates the Ordinance, the amendment to the Comprehensive Plan, and the Land Development Regulations, and based on the information provided by the County Attorney, the Board cannot rezone said property without Transfer of Development Rights.

Commr. Hanson stated that the Mt. Plymouth and Sorrento community had no idea that restrictions were being put on areas outside of the Wekiva River Basin. She stated that to go forward, the Board would be stating that the applicant has to purchase TDRs, and her intent would be to change that requirement.

Commr. Swartz reviewed the alternatives available to the Board, at which time Ms. Lustgarten stated that the Board does have the option to go forward with the portion of this request that does not require the Transfer of Development Rights. She requested clarification from the Board that it is the intent to initiate an amendment to the Comprehensive Plan, in the first amendment process, to clarify that it is only within the Wekiva River Protection Area portion of the urban node that would require TDRs.

Ms. Roof stated that the applicant would like to proceed with the Commercial rezoning at this time, and postpone the rezoning on the residential property until such time that rezoning can legally go forward.

At this time, Mr. Stubbs distributed a site plan of the property in question for the Board's review, which was submitted into evidence as County Exhibit No. 2, to be kept on file in the Clerical Support Division of the Clerk's office.

Ms. Roof presented a list of prohibited uses and specific uses allowed, as requested by staff, which was submitted into evidence as County Exhibit No. 3, to be kept on file in the Clerical Support Division of the Clerk's office. Ms. Roof stated that Mr. Evans, the applicant, would like to rezone the 9.32 acre parcel on the site plan, presented this date, to CP (Planned Commercial) with C-1 and C-2 uses, with exception to billboard signs, kennels, adult uses, mining and quarrying, plant nurseries, towers, automotive

repair, bars and taverns, hotel or motel, recreational vehicle, and vehicular sales. She stated that the applicant would like for specific uses allowed under C-1 and C-2 to be banking, medical service, professional office, research services, general restaurants, general retail, churches, community residential home, cultural institute, family day care home, family residential home, nursing home and private club. She stated that Mr. Evans is agreeable that other uses not specified on said list be required to be brought before the Board for approval. She further stated that Mr. Evans is willing to dedicate the necessary right-of-way along S.R. 46 and on Orange Street.

Discussion occurred regarding the location of said parcel in relation to the Neighborhood Activity Center, at which time Ms. Roof stated that the entire parcel is not actually within the boundary of neighborhood commercial, and further stated that staff indicated to her that it would be appropriate to go forward with this request. She stated that the CP zoning request has been cut substantially to accommodate what would be reasonable within the neighborhood commercial area. She noted that the parcel is under ten (10) acres and falls within the guidelines of a Neighborhood Activity Center.

Commr. Swartz noted that the parcel does not fall within the guidelines of a Neighborhood Activity Center. If it was within the guidelines of a Neighborhood Activity Center, the two to ten acres would be the appropriate size.

Mr. Stubbs stated that it was staff's interpretation of the definition of Neighborhood Activity Center, that since a portion of the parcel in question was touching the Neighborhood Activity Center, it was consistent with the written language.

Ms. Roof stated, for the record, that there are other commercial uses in the vicinity of said parcel.

No one present wished to speak in opposition to this request.

Commr. Swartz stated that, if the parcel in question is not covered within the area of the Neighborhood Activity Center, it is not an appropriate commercial use.

Commr. Gerber stated that clarification should be made to the guidelines for a Neighborhood Activity Center, and direction given to staff of the intent of the Board regarding said guidelines.

Commr. Hanson made a motion, which was seconded by Commr. Bailey to uphold the recommendation of the Planning and Zoning Commission and approve a request for rezoning from A (Agricultural) and RR (Rural Residential) to CP (Planned Commercial) with the limitation of specific uses allowed, as follows: banking, medical service, professional office, research services, general restaurants, general retail, churches, community residential home, cultural institute, family day care home, family residential home, nursing home, and private club for commercial uses; and to postpone the request for rezoning from RR (Rural Residential) to R-1 (Rural Residential) until such time that the Transfer of Development Rights issue has been resolved.

Commr. Swartz questioned how the Access Management Ordinance will be applied to this request, to which Mr. Don Griffey, Director of Engineering, Public Services, stated that the Access Management Ordinance will require minimum spacing requirements from Orange Avenue, if they wish to access directly on S.R. 46.

Ms. Roof stated that the ingress and egress will come solely off of S.R. 46, with either a turn lane or a frontage road.

Commr. Gerber stated that she is going to approve this request due to staff's interpretation of the boundaries of the Neighborhood Activity Center, but reiterated that the Board needs to give direction to staff of their intent for future requests.

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

Commr. Swartz voted "No".

PETITION NO. 83-92-4 AR TO A John R. Beatty

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request to the Board and stated that staff recommends approval to RA (Ranchette) rather than the requested A (Agricultural), in lieu of the fact that the applicant is anticipating using these sites for residential purposes.

Discussion occurred regarding the abandoned Railroad Right-of-Way, which may become a part of the Lake County's Rails to Trails development plans. It was noted that the intent was to advise the applicant of the Rails to Trails program, and that the Board does not have the authority to prohibit use on the abandoned Railroad Right-of-Way property by the applicant.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from AR (Agricultural) to RA (Ranchette), subject to staff recommendations, and with the exception of the prohibited use on the abandoned Railroad Right-of-Way property by the applicant, to be used for four (4) mobile home sites on five (5) acre lots.

PETITION NO. 81-92-4 AMEND CP ORD. #13-87

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request to the Board.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve the request to amend CP Ord. #13-87, subject to staff recommendations, to add C-2 (Community Commercial) uses and to include a Taxi Office to the

existing uses of professional offices, mini-warehouses and retail sales and services.

PETITION NO. 80-92-1 A TO R-8 Herman & Herma White

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request to the Board and stated that, for the record, special requirements are required for the Mixed Residential Zoning District, which requires a double wide mobile home, with a shingled roof, and permanent skirting around the perimeter of the mobile, as listed in the Staff Report.

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

No one present wished to speak in opposition to this request.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-8 (Mixed Residential) for placement of a mobile home.

PETITION NO. 66A-81-4 AMEND CP ORD. #23-81 First Union National Bank

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request to the Board and stated that one letter of approval has been received subject to there being no other commercial uses permitted which would be detrimental to the area.

Mr. Glenn Tyre, the Agent for the First Union National Bank and representing the proposed owners, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Tyre stated that the applicant plans to begin the Technical Review Committee recommendation program immediately, subject to approval by the Board, for interior renovation, with no change being made to the exterior of the medical office building. Mr. Tyre stated that First Union National Bank has requested C-1 and C-2 uses, allowing for a broader range of uses, in the event that the proposed contract fails to close.

No one present wished to speak in opposition to this request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve the request to amend CP Ord. #23-81, subject to the stipulation that future intensity or density uses greater than what is being proposed be subject to approval by the Board, for use of a medical office building.

REPORTS

COUNTY MANAGER/LANDFILLS/STATE AGENCIES

Ms. Annette Star Lustgarten, County Attorney, stated that Amended Consent Order OGC-87-1318A, in relation to closure of the Astatula Landfill due to contamination of ground water, has been negotiated with the Department of Environmental Regulations. She stated that the revised Amended Consent Order incorporates into the body of the Amended Consent Order the testing schedule that has occurred since the original Consent Order was issued, in order to show a complete chronology of events that have occurred in relation to the testing at the Astatula Landfill. She stated that the Amended Consent Order will also reflect major revisions to the Landfill Regulations, in the Florida Administrative Code, that went into effect January 6, 1993.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval of Amended Consent Order OGC-87-1318A with the State of Florida Department of Environmental Regulations (DER) in relation to the closure of the Astatula Landfill, and authorized proper signature on same.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to enter into contract negotiations with the ranked firms of hydrogeological and contamination assessment services.

REPORTS (CONTINUED)

COMMISSIONERS/MEETINGS/PUBLIC SERVICES

Commr. Gerber brought to the attention of the Board (for informational purposes) a memo prepared by Ms. Annette Star Lustgarten, County Attorney, regarding the review of a Charter style of government for Lake County, and that said issue will be presented as an addendum on the Agenda for the Board of County Commissioners regular meeting on February 2, 1993.

Commr. Bailey brought to the attention of the Board (for informational purposes) a complaint he has received from a resident in the area of Montverde and Ferndale regarding an on-going problem between the bicyclists and motorists using the roads in the area.

Commr. Hanson noted (for informational purposes) that Florida Power will sponsor an overview of the visioning process for economic development on February 4, 1993, at 7:00 p.m. in the Board Meeting Room.

Commr. Cadwell noted (for informational purposes) that the League of Cities will be holding their annual awards dinner this evening, January 26, 1993.

Commr. Swartz noted (for information purposes) that the Harriet Mann Dinner will be held on February 1, 1993, at 6:30 p.m. at the Leesburg Community Center, and stated that those wishing to attend should notify staff.

It was noted (for informational purposes) that the Rails to Trails Green Swamp opening is scheduled on February 6, 1993, in Sumter County.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:35 p.m.

__________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

______________________________

JAMES C. WATKINS, CLERK

msf/2-1-93/1-26-93

The Lake County Board of County Commissioners met in special session on Tuesday, January 26, 1993 at 5:05 p.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Don Bailey; Welton G. Cadwell; and Rhonda H. Gerber. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Administrative Assistant to the County Manager; and Marlene S. Foran, Deputy Clerk.

ORDINANCES/PLANNING & DEVELOPMENT

At 5:05 p.m., the Chairman announced that the advertised time had arrived for the Public Hearing on the proposed Ordinance adopting the Land Development Regulations.

Ms. Annette Star Lustgarten, County Attorney, stated that before the Board this date is an ordinance adopting the proposed revisions to the Land Development Regulations. Ms. Lustgarten stated that it is the recommendation of staff that the proposed effective date be changed to reflect an effective date of February 1, 1993.

At this time, Ms. Lustgarten presented to the Board for review and discussion the proposed revised changes to the Land Development Regulations, as follows:

Page II-36: Lot of Record

Ms. Lustgarten stated that staff is proposing that one provision be added to the Lot of Record definition, which addresses unrecorded plats recognized by Lake County and reflected on the official zoning map of Lake County, as follows: "or a lot created by an unrecorded plat recognized by Lake County and identified on the official zoning map of Lake County."

Page III-34: 3.02.01 Lot of Record

Ms. Lustgarten presented a brief summary of general introductory language to the Lot of Record provisions and noted that language has been added to the definition, as follows: "or a Lot of Record Determination was issued prior to January 27, 1993."

Ms. Lustgarten noted that additional language, distributed to the Board this date by Mr. Tim Hoban, Assistant County Manager, has been inserted after "3.02.01, as follows: and 3.02.01.F are met. If a Lot of Record Determination was issued prior to January 27, 1993, then a building permit shall be issued for the Lot of Record if the requirements of Subsections 3.02.01.B, 3.02.01.C, and 3.02.01.F are met.

Page III-35 (B):

Ms. Lustgarten noted that language has been added to reflect Septic Tanks and Sewage Disposal Systems.

Page III-35 (C):

Ms. Lustgarten noted that clarification has been made to language regarding Lot of Record in regard to conventionally built homes and mobile homes, as follows: and the Lot of Record is less than five (5) acres.

Page III-35 & 36: Road Requirements

Ms. Lustgarten briefly reviewed proposed language in Option 1, Option 2, and Option 3 under Road Requirements.

In response to a request by Commr. Swartz regarding Option 3, Ms. Lustgarten stated that Option 3 does not require a public or private road and does not have a road requirement. It does require a fifty (50') road frontage, and compliance with all other requirements, which include a septic tank requirement, a 1/2 mile radius analysis regarding conventional and non-conventional, Aggregation of Lots, and an agreement entered into, which acknowledges that they will agree to participate in a special assessment, and dedicate any required right-of-way necessary for said special assessment in the event one should occur sometime in the future, consistent with the Lake County Road Policy.

Page III-37 (F): Road Dedication and Special Assessment

Insert on second line after "required right-of-way" consistent with Lake County's Road Policy.

Page II-22 & Page XI-3: Entrance Signs

Commr. Swartz noted that flexibility has been provided to language regarding entrance signs and subdivision identification signs.

Ms. Lustgarten stated that, on page II-22, language will be added to the definition of entrance signs as follows: An identification structure located at the main entrance to a County approved development. The verbiage structure shall set forth the name of the development unless utilized for temporary advertising purposes. An entrance sign shall not be utilized for permanent advertising purposes, but may be utilized for temporary advertising purposes.

Ms. Lustgarten stated that, on page XI-3, language will be added, as follows: An entrance sign may include temporary advertising information; however, if that option is selected by the developer, a stand alone temporary sign permitted by Sec. 11.02.00 shall not be permitted on the property.

Page XI-3 (a): Change "two (2)" to three (3).

Page XI-3 (b): Change "thirty-two (32) to forty-eight (48), and on Page XI-4, line 1, change "forty-eight (48) to fifty-two (52).

Page XI-4 (c): change "six (6)" to eight (8).

Page III-22: 3.01.03 Schedule of Permitted and Conditional Uses.

Commr. Swartz noted that it has been recommended that Aviaries be included under Agricultural Uses, and they be allowed Conditionally under zoning classifications A, RA, and AR.

Page III-28: 3.01.04

Mr. Greg Stubbs, One Stop Permitting Center Coordinator/Director Development Regulations Services, appeared before the Board to address language regarding the keeping of

livestock for General Agriculture, Non-Intensive Agriculture, and Horse-Breeding Farms, at which time he distributed a handout graphically showing a barn positioned on a one (1) acre lot. He stated that it is the recommendation of staff to limit language, in Option 2, to the housing of horses only in horse barns, with a setback of fifty (50') feet from the property line.

At this time, Commr. Swartz directed staff to develop appropriate language, in Option 2, to specifically indicate horse barns, indicating that seventy-five (75') feet will be required in all cases with the exception of the horse barn, and that the horse barn will be required to be in the center of the lot, if possible.

Page III-36 (D): Road Requirement

Change "fifty (50')" feet to forty (40') feet.

Page IX-33:

Commr. Swartz noted that a revised page IX-33 has been added and contains clarification of language pertaining to landscape buffer areas at least ten (10') in depth, as follows: e. It is the intent of this Subsection 9.02.04.B.1 to provide that the applicant for a building permit in a zoning district adjacent to existing development or uses shall be required to provide the landscaping buffer area required herein.

Page XIV-77 (e) (g):

Commr. Swartz noted a change in the language, which addresses an easement in Subsection 14.10.02 (D) (5), changing the minimum width of "forty (40) feet" to fifty (50) feet, and the addition of a new provision, which states that Road signs shall be installed. Mr. Donald Griffey, Director of Engineering, Public Services, noted that it was the intent that said provision reflect Road name signs shall be installed.

At this time, the Chairman announced that the time had arrived for the public comment portion of the public hearing on the proposed changes to the Land Development Regulations.

Ms. Rosemary Bennett appeared before the Board and requested clarification on the proposed language regarding the number of

horses allowed on a five (5) acre tract, or less, and the requirement of a fifty (50') foot setback, noting that she lives on a five (5) acre tract and has two horses and one cow.

Ms. Bennett brought up for discussion and clarification the placement of signs on privately maintained roads or easements. At this time, she questioned if an existing easement on a five acre tract would require a name.

Ms. Jean Kaminski, Executive Director, Home Builders Association, appeared before the Board and expressed, for the record, her appreciation to the Board for increasing the square footage for entrance signs and subdivision identification signs. She stated that she is still somewhat uncomfortable with the figures, and suggested that the Board revisit this issue at a later time.

Ms. Bonnie Roof, Permits, Inc., appeared before the Board and request clarification on the proposed language regarding setbacks for horse barns. Ms. Roof stated that it is not possible to meet a two-hundred (200') foot setback for a horse barn on a five acre tract, and suggested that the Board allow a fifty (50') setback on a five (5) acre tract or larger for three horses or less. Ms. Roof further suggested that the Board consider not limiting livestock to horses only on a five (5) acre tract or less.

Discussion occurred regarding the proposed setbacks

for horse barns, at which time Ms. Lustgarten clarified the Board's intent that a one-hundred and fifty (150') foot lot frontage will require a fifty (50') foot setback for three (3) horses or less; anything larger than a one-hundred and fifty (150') foot lot frontage will require a seventy-five (75') foot setback for three horses or less; and more than three horses will require a two-hundred (200') foot setback.

Commr. Hanson noted that the Board would revisit this issue at a later time.

Ms. Cecelia Bonifay, Attorney, appeared before the Board and distributed suggested language to be added on Page I-8,

Section 1.02.21 (A) of the Land Development Regulations. Discussion occurred regarding the proposed language presented by Ms. Bonifay, at which time it was the decision of the Board to include after "structure" the following language: or a principal structure has been constructed and in which a road has been publicly dedicated and maintained.

Mr. David Wishneski, a resident of Umatilla, appeared before the Board and expressed his concern that the road requirements for County specifications have been deleted almost entirely, and questioned what considerations were going to be given to those who have already spent large amounts of money to build roads according to required County specifications.

Mr. Claude Smoak, a resident of South Lake County, appeared before the Board and expressed his appreciation to the Board and staff for their efforts in developing the Land Development Regulations. He expressed his concern with the Lot of Record Determination date of January 27, 1993, as addressed on Page III-34, Section 3.02.00.

Ms. Bonnie Roof reappeared before the Board to address the Lot of Record Determination date of January 27, 1993, as addressed in Section 3.02.01, and expressed her concern that Lot of Record Determinations were stopped by the County three months ago, and the public has not been given the opportunity to submit Lots of Record during the last three months.

The Chairman called for further public comment. There being none, the public comment portion of the public hearing was closed.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved Ordinance No. 1993-1, Land Development Regulations; and Exhibit "A", as amended; with an effective date of February 15, 1993, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ADOPTING LAND DEVELOPMENT REGULATIONS PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF SECTION 21-2, LAKE COUNTY CODE, CENTRAL SEWERAGE AND WATER SYSTEM REQUIREMENTS; PROVIDING FOR THE REPEAL OF SECTION 21-3, LAKE COUNTY CODE, SEPTIC TANK FACILITY LOCATION RESTRICTIONS; PROVIDING FOR CORRECTION

OF SCRIVENERS ERRORS IN THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; PROVIDING FOR NEW AND REVISED DEFINITIONS IN CHAPTER II, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, DEFINITIONS; PROVIDING FOR CREATION OF SUBSECTION 3.00.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, RENAMING OF ZONING DISTRICTS; PROVIDING FOR AMENDMENT OF SUBSECTION 3.01.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, KEY TO CONDITIONS IN TABLE OF PERMITTED AND CONDITIONAL USES; PROVIDING FOR CREATION OF SUBSECTION 3.01.05, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SIMILAR USES; PROVIDING FOR AMENDMENT OF SUBSECTION 3.02.01, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, LOTS OF RECORD; PROVIDING FOR AMENDMENT OF SECTION 3.05, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SETBACKS; PROVIDING FOR AMENDMENT OF SECTION 6.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, NATURAL UPLAND COMMUNITIES, HABITAT OF DESIGNATED SPECIES, AND WILDLIFE CORRIDORS; PROVIDING FOR AMENDMENT OF SECTION 6.06, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, MINING; PROVIDING FOR CREATION OF SECTION 6.12, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, CENTRAL WATER SYSTEM/CENTRAL SEWAGE SYSTEM; PROVIDING FOR AMENDMENT OF SUBSECTION 7.00.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, PERMITTED USES IN THE WEKIVA RIVER PROTECTION AREA; PROVIDING FOR AMENDMENT OF SECTION 9.01, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, TREE PROTECTION; PROVIDING FOR CREATION OF SUBSECTION 9.01.10, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, TREE REMOVAL WITHOUT A PERMIT; PROVIDING FOR AMENDMENT OF SECTION 9.02, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, LANDSCAPING STANDARDS; PROVIDING FOR AMENDMENT OF SUBSECTION 9.03.06, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, PARKING REQUIREMENTS; PROVIDING FOR AMENDMENT OF SUBSECTION 10.01.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SWIMMING POOLS, HOT TUBS, AND SIMILAR STRUCTURES; PROVIDING FOR REPEAL OF SECTION 12.01, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, NONCONFORMING LOTS OF RECORD; PROVIDING FOR AMENDMENT OF SUBSECTION 12.03.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, BOARD OF ADJUSTMENT VARIANCES; PROVIDING FOR AMENDMENT OF SUBSECTION 12.04.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, POLLUTION CONTROL VARIANCES; PROVIDING FOR AMENDMENT OF SUBSECTION 14.00.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, NOTICE PROCEDURE; PROVIDING FOR AMENDMENT OF SUBSECTION 14.03.02, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, REZONING REVIEW PROCESS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.05.02, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, CONDITIONAL USE PERMIT REVIEW PROCESS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.06.02, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, DRI/FQD REVIEW PROCESS; PROVIDING FOR AMENDMENT OF SECTION 14.07, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SUBDIVISIONS; PROVIDING FOR AMENDMENT OF SECTION 14.08, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, SITE PLANS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.10.02, LARGE LOT SPLITS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.14.03, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, MINING SITE PLANS AND OPERATING PERMITS; PROVIDING FOR AMENDMENT OF SUBSECTION 14.14.04, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, TREE REMOVAL PERMITS; PROVIDING FOR REPEAL OF SUBSECTION 14.14.06, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, WETLAND ALTERATION PERMITS; PROVIDING FOR RENUMBERING OF SUBSECTIONS 14.14.07 AND 14.14.08, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, RIGHT-OF-WAY UTILIZATION PERMITS AND DRIVEWAY/ACCESS CONNECTION PERMITS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:50 p.m.

________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

______________________________

JAMES C. WATKINS, CLERK

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