The Lake County Board of County Commissioners met in regular session on Tuesday, September 27, 1994, 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: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Don Bailey. Others present were: Tim Hoban, Senior Assistant County Attorney; Pete Wahl, County Manager, Ava Kronz, BCC Office Manager; and Marlene S. Foran, Deputy Clerk.

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Swartz requested that the revised final ISTEA priority ranking be added to the agenda this date.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to place on the agenda consideration of the revised final ISTEA priority ranking.

Mr. Pete Wahl, County Manager, requested that the Issue Paper regarding discussion of a request for severance pay for the Budget Office staff be added to the agenda under County Manager's Report.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the request to place under County Manager's Report discussion in regard to severance pay for the Budget Office staff.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

ROAD CLOSINGS

PETITION NO. 763 - Robert & Ardeanne Gatrell - Pine Lakes Area

Mr. Jim Stivender, Director of Public Services, appeared before the Board and explained that this request was to vacate the existing cul-de-sac, which has a seventy-five (75) foot radius, and to replace it with two deeds for a sixty (60) foot radius, which was within the current Land Development Regulations (LDR) standards.

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

At this time, the Chairman called for public comment. There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Road Vacation Petition No. 763 by Robert and Ardeanne Gatrell to vacate cul-de-sac (Posey Drive), Pine Hills Subdivision, Section 4, Township 18, Range 29, Pine Lakes Area - Commissioner District 4.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved acceptance of Non-Exclusive Easement Deeds from Robert Edward and Ardeanne Gatrell and Jerry F. and Linda L. Flanagan - Pine Lakes Area- Commissioner District 4.

PUBLIC HEARINGS

SOLID WASTE

Commr. Hanson noted that Tab 1, Refuse Rate Index for Solid Waste Haulers; and Tab 2, Solid Waste Management Fee Structure for Fiscal Year 1994-1995, would be postponed until later in the meeting.

The Chairman called for public comment in regard to the postponement Tab 1 and Tab 2, at which time it was noted that no one in the audience wished to object to said postponements.

ZONING

At this time, the oath was administered by the Deputy Clerk to Mr. Greg Stubbs, Director of Development Regulations Services Division; Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services; Ms. Sharon Farrell, Planner III, Office of Development Regulations Services; and Mr. Jim Barker, Director of Environmental Management.

PETITION NO. 177A-85-4 R-6 to CP CECIL & DYANNE BODIFORD

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that the applicant was requesting a postponement for thirty (30) days.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to postpone Petition No. 177A-85-4, a request for rezoning from R-6 (Urban Residential) to CP (Planned Commercial), for thirty (30) days, for expansion of an existing convenience store for drainfield/retention area.

PETITION NO. 23-94-2 A + CUP#592-2 HARVEY D. ERP

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that the applicant was requesting a postponement for sixty (60) days.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone Petition No. 23-94-2, a request for an amendment of A (Agricultural) + CUP#592-2 to delete land and rezone from A (Agricultural) to CP (Planned Commercial), for sixty (60) days until November 29, 1994, for a Monopole Billboard Site.

PETITION NO. 19-94-2 R-6 TO CFD LAKE COUNTY BOARD OF COUNTY COMMISSIONERS

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that staff was requesting a sixty (60) day postponement to address additional issues regarding this request.

Mr. Pete Wahl, County Manager, stated that the Department of Transportation (DOT) has agreed to extend the deadline for a grant from the Department of Transportation (DOT) until November, and staff was requesting that action on said grant be withheld until November.

Mr. Chuck Pula, Parks and Recreation Coordinator, appeared before the Board to discuss this request.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone Petition No. 46-94-CFD, a request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District), for sixty (60) days until November 29, 1994, for the development of a County park.

PETITION NO. 29-94-3 R-1 + CUP#551-4 TO CFD

LIBERTY BAPTIST CHURCH

Mr. Greg Stubbs, Director of Development Regulations Services Division, informed the Board that Liberty Baptist Church, Petition No. 29-94-3, may be requesting a thirty (30) day continuance of the request for rezoning from R-1 + CUP#551-4 to CFD (Community Facility District. Reverend Timothy J. Green, representing the Liberty Baptist Church, appeared before the Board and requested a thirty (30) day postponement on the exemption from mandatory water and sewer connection only and stated that Liberty Baptist Church has reached a tentative agreement with the City of Tavares.

PETITION NO. 25-94-3 R-6 + CUP#498-1(A) & (B) TO CFD

CHURCH OF GOD, INC.

Mr. Greg Stubbs, Director of Development Regulations Services Division, noted that Petition No. 25-94-3, Church of God, Inc. had been withdrawn.

PETITION NO. CUP#94/9/2-4 CUP IN A DAVID ROTHBART &

RICHARD TAPPAN

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request and distributed a site plan (County Exhibit 1) for the Board's review. He explained that this request was for a Conditional Use Permit (CUP) in Agricultural (A) for the raising and operation of a ratite ranch. He stated that staff has reviewed the application and finds it consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations, and the Planning and Zoning Commission recommends approval of this request for CUP in A (Agricultural), as amended with setbacks of 100 feet in place of 200 feet from all adjacent property boundaries. He explained that agricultural zoning contains a section called obnoxious uses, and staff has classified the proposed uses as potential obnoxious uses. He noted that this facility would be used as a model in the future for others to follow.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Mr. Richard Tappan, the applicant, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Tappan explained that the facility would consist of eight (8) pens in Phase I, and six (6) to eight (8) pens in Phase II. At this time, he discussed the operation of a ratite ranch. He explained that the operation would involve the hatching of the ostrich and rhea and raising of the chicks up to age three (3) months, at which time they would be sold.

Mr. Tim Hoban, Assistant County Attorney, noted that the resolution would prohibit retail sales of the ratite from the site.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP (Conditional Use Permit) in A (Agricultural), for raising and the operation of a ratite ranch - Resolution No. 1994-188.

PETITION NO. 33-94-3 A & R-6 TO R-3 SPRINGS CATTLE LCA OF FLORIDA

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that this request was for rezoning from A (Agricultural) & R-6 (Urban Residential) to R-3 (Medium Residential); however, did not meet the desired points necessary to achieve R-3 (Medium Residential) at this location. He stated that staff has recommended rezoning to R-1 (Rural Residential) to be in compliance with the Lake County Comprehensive Plan and the Lake County Land Development Regulations, and the applicant was agreeable to said change. He stated that a Developer's Agreement has been submitted by the applicant through the County Attorney's office for the fire service fee, the impervious surface ratio, and the creation of a Municipal Service Benefit Unit (MSBU) for this project. He discussed a letter received from Mr. Steven Richey, Attorney, which had been distributed to the Board this date (County Exhibit 1), indicating that the rezoning to R-1 (Rural Residential) was acceptable to his client and outlined criteria to be utilized in the development of the property in question.

Commr. Swartz suggested that the Developer's Agreement include the same open space requirement of twenty-five (25%) percent as a Planned Unit Development (PUD).

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and stated that the developer was proposing to develop the parcel into ten (10) acre and one-third (1/3) acre tracts. He explained that the original request for rezoning to R-3 (Medium Residential) did not allow for open fields for the open space. He stated that it was anticipated that there would be seventy-five (75) to eighty (80) homes on the site, with a minimum house size of 2,200 square feet, and the development would exceed all development criteria as proposed in straight zoning in R-1 (Rural Residential). He stated that approximately forty (40%) open space has been proposed in the Developer's Agreement. He stated that for the eighty homes they have agreed to a Municipal Service Benefit Unit (MSBU) and to the extracted fee for fire.

Discussion occurred regarding the Developer's Agreement, at which time Commr. Swartz expressed concern that the Board has not had the opportunity to review the proposed agreement and suggested that the Board not approve this request until such time that a Developer's Agreement clearly outlines how this project would be developed.

Commr. Hanson stated that the Board could approve the R-1 (Rural Residential) zoning without a Developer's Agreement and that said agreement goes beyond the zoning requirements.

Commr. Bailey encouraged the Board to look at the issue of what would be allowed under R-1 (Rural Residential) zoning, and allow the Lake County Land Development Regulations to regulate said zoning.

There being no further public comment, the public hearing portion of the meeting was closed.

Mr. Tim Hoban, Assistant County Attorney, stated that the setback requirements and the impervious surface ratio (ISR) would be deleted from the proposed resolution before the Board this date as they are in the LDRs.

Commr. Swartz stated that he does not oppose the density being proposed in this request; however, does support a Developer's Agreement that contains open space requirements. He stated that he would not support straight zoning of a significant size parcel that provides no assurance for open space, and no assurance that the project would develop in the ways in which they were being presented this date. He stated that he would not support a straight zoning that comes before the Board when he has not been given the opportunity to review the proposed Developer's Agreement.

Commr. Cadwell 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) & R-6 (Urban Residential) to R-1 (Rural Residential); subject to final review and approval of the Developer's Agreement by the County Attorney, for future residential development - Resolution No. 1994-189.

Commr. Hanson stated that presently there were no open space requirements for straight zoning, and the straight zonings that have been before the Board in the past have been zonings where the developer indicated there would be a certain open space percentage on a voluntary basis. She stated that, if the Board chooses to change the open space requirements, it should be done prior to the start of the process.

Commr. Gerber requested that future Developer's Agreements be made available to the Board prior to the presentation of a zoning request. She further suggested that this issue be reviewed by the Land Development Regulations Committee.

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

Commr. Swartz voted "No".

PETITION NO. 34-94-3 R-1 TO CP & RP

DEAD RIVER INVESTMENT COMPANY, INC.

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented the request for rezoning from R-1 (Rural Residential) to CP (Planned Commercial) & RP (Residential Professional), for construction of a restaurant and professional offices. He stated that staff has reviewed this request, and the proposed rezoning was consistent with the Lake County Comprehensive Plan, and in compliance with the Lake County Land Development Regulations. He discussed the CP (Planned Commercial) zoning and noted that said zoning contains C-1 (Rural or Tourist Commercial) and C-2 (Community Commercial) uses. At this time, a survey (County Exhibit 1) was distributed to the Board for their review, which indicated the location of the CP (Planned Commercial) and RP (Residential Professional) zoning on the parcel.

Mr. Stubbs noted that two (2) letters have been received from the City of Tavares indicating the City's interest in serving this project with water and sewer and requesting that the County require, as a condition of rezoning, that the applicant connect to water or sewer once the City of Tavares facilities become available.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Mr. Steve Richey, Attorney, representing Dead River Investment Company, Inc., appeared before the Board and stated that he has provided a specific legal description of the CP (Planned Commercial) and RP (Residential Professional) uses, and the restaurant and professional offices would be developed on central water and sewer, indicating that the City of Tavares has indicated desire to serve the site with central water and sewer facilities, and the City of Leesburg has water and sewer available at the intersection of U.S. Highway 441 and Baseville Park Road. He indicated that the property in question was located in the Commercial Corridor and, therefore, was consistent with the Lake County Comprehensive Plan. He stated that Mr. Steve Adams performed an evaluation of the parcel to determine the permitting and utilization of the parcel, and he was present in the audience to address questions.

In response to a question presented by Commr. Swartz requesting the location of a citation in the Lake County Comprehensive Plan that indicates that the locational criteria was not a requirement in the Commercial Corridor or that it exempts the Commercial Corridor from locational criteria, Mr. Mark Knight, Chief Planner, Planning & Development Services, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Knight stated that the Lake County Comprehensive Plan identifies types of commercial locational criteria, and the commercial corridor has been identified as that on U.S. Highway 441 from Dead River Road to State Road 44A.

Commr. Swartz expressed concern with the determination and interpretation of the Lake County Comprehensive Plan, noting that it can be assured that U.S. Highway 441 will result in a constant traffic jam from State Road 44 to the Dead River. He stated that limiting the infill and locational criteria, as indicated in the Lake County Comprehensive Plan, would reduce a portion of the traffic congestion that was currently occurring along U.S. Highway

441.

There being no further public comment, the public hearing potion of the meeting was closed.

Mr. Don Griffey, Director of Engineering, Public Services, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Griffey stated that the applicant would be required to comply with the Access Management Order, and noted that approval from the County and the Department of Transportation (DOT) would be required for connection to the available median openings that were available.

RECESS & REASSEMBLY

At 10:33 a.m., the Chairman announced that the Board would recess for 10 minutes, and reconvene at 10:43 a.m.

PETITION NO. 34-94-3 R-1 TO CP & RP

DEAD RIVER INVESTMENT COMPANY, INC. (CONTINUED)

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning R-1 (Rural Residential) to CP (Planned Commercial) & RP (Residential Professional), for construction of a restaurant and professional officers - Resolution No. 1994-190.

The motion carried by a 4 - 1 vote.

Commr. Swartz voted "No".

PETITION NO. 29-94-3 R-1 + CUP#551-4 TO CFD

LIBERTY BAPTIST CHURCH

Mr. Greg Stubbs, Director of Development Regulations Services, Division, presented the request for rezoning from R-1 + CUP#551-4 to CFD (Community Facility District), to bring the existing church and school buildings into compliance. He stated that staff has reviewed this request and the proposed rezoning was consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations. He noted a letter from the City of Tavares, dated September 23, 1994, requesting a variance from mandatory sewer connection; however, noted that, based upon information provided by Reverend Timothy Green, said request has been withdrawn at this time. Mr. Stubbs further indicated that a letter from the City of Tavares had been received expressing the City's desire to serve the site with central water and sewer facilities, and a letter had been received this date from the City with regard to an agreement that has been reached with the Liberty Baptist Church regarding the utilities.

Mr. Tim Hoban, Assistant County Attorney, explained that the request from Liberty Baptist Church this date was for rezoning, and the issue of exemption from mandatory connection to water and sewer would be addressed at another time should it become necessary. He noted that the resolution does not address mandatory connection to water and sewer, and action taken this date would not circumvent the City of Tavares' power to continue to negotiate with the applicant.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

The applicant was not present in the audience at this time.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Swartz, 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 R-1 + CUP#551-4 to CFD (Community Facility District), to bring the existing church and school buildings into compliance - Resolution No. 1994-191.

PETITION NO. 35-94-2 HM & R-1 to CFD BOARD OF TRUSTEES

OF INTERNAL IMPROVEMENT TRUST FUND ET AL

Mr. Greg Stubbs, Director of Development Regulations Services

Division, stated that staff has reviewed this request and was recommending approval to CFD (Community Facility District) for the existing and future expansion of the correctional facility. He noted that the Planning and Zoning Commission recommended approval to CFD (Community Facility District. Ms. Sharon Farrell, Planner III, distributed a copy of a site plan (County Exhibit I), and a copy of a letter to Mr. Don M. Dean, dated May 12, 1994, from the Town of Astatula (County Exhibit 2) for review by the Board.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Mr. Steve Richey, Attorney, representing the Board of Trustees of Internal Improvement Trust Fund, appeared before the Board and introduced Mr. Don Dean, Superintendent Lake Correctional Institute, and Ms. Susanna Rehmann, Environmental and Civil Engineering. At this time, the oath was administered to Mr. Don Dean, Superintendent Lake Correctional Institute, and Ms. Susanna Rehmann, Environmental and Civil Engineering.

Mr. Don Dean appeared before the Board to answer questions presented by Mr. Richey in regard to the proposed plan for expansion of the correctional facility, the number of additional single cell housing units, and the size of the single cell housing units. Mr. Dean explained that Lake Correctional Institute has attempted to utilize the land that was available while complying with the environmental concerns. He stated that the expansion will enable the Institute to build a permanent medical facility, food service facility, and a mental health facility. He stated that the expansion will include construction of a work camp, and briefly discussed the work program. He further discussed the safety factors involved with the facility, and the expansion of the work force from 205 positions to 450 positions at the completion of the expansion.

Ms. Susanna Rahmann appeared before the Board to answer questions presented by Mr. Richey in regard to the St. Johns Water Management permitting process.

Mr. Richey stated that, for the record, the Planning and Zoning Commission had requested that the applicant minimize off-site noise by the loud speaker system, and they have complied with said condition. He further stated, for the record, that the five

(5) five-acre parcels, that are proposed to be purchased by the Department of Corrections, will be rezoned back to agricultural zoning at the expense of the State of Florida should the purchase of said property fail.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from HM (Heavy Industrial) and R-1 (Rural Residential) to CFD (Community Facility District), for expansion of a correctional facility - Resolution No. 1994-192.

PETITION NO. 31-94-2 RM TO HM

S.E.S. GROUP - LAKE COUNTY ASSOCIATES, LTD.

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that staff has reviewed this request, and the proposed rezoning was consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations. He noted that the Planning and Zoning Commission recommended approval to HM (Heavy Industrial) zoning only.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board and stated that this request was a straight forward rezoning from RM (Mobile Home Residential) to HM (Heavy Industrial). She stated that the Lake County Industrial Park surrounds the parcel in question on three sides and indicated that the site in question would be served central water and sewer from Southern States Utilities.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved to rezone from RM (Mobile Home Residential) to HM (Heavy Industrial), for an industrial park - Resolution No. 1994-193.

PETITION NO. 32-94-2 RM TO CP WITH C-1 AND C-2 USES

S.E.S. GROUP - LAKE COUNTY ASSOCIATES, LTD.

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that staff has reviewed this request, and the proposed rezoning was consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations. He noted that the Planning and Zoning Commission recommended approval to CP (Planned Commercial) with C-1 (Rural or Tourist) and C-2 (Community Commercial) uses. In response to a question presented by Commr. Swartz, Mr. Stubbs clarified that the parcel in question was proposed to be a part of the Regional Commercial Center and was in the locational criteria and only required to be consistent with the Lake County Comprehensive Plan.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

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

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board to present the request for approval to rezone from RM (Mobile Home Residential) to CP (Planned Commercial) and stated that the Planning and Zoning Commission had requested that a site plan be provided at the time of the development approval request.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Swartz discussed the definition of a regional commercial activity center, as outlined in the Lake County Land Development Regulations. He stated that, if the Board intends to create a regional center at the location in question in the future, when there was clearly a population to support it, the Board should not be approving isolated parcels of commercial along U.S. Highway 27. He stated that the proposal before the Board was not a regional commercial activity center.

Discussion occurred regarding the intended location of a regional commercial activity center, at which time Commr. Cadwell suggested that a reasonable area to be developed from the point of the center would be a one-fourth mile radius. Commr. Swartz responded that what was being proposed was not the regional commercial activity center and was simply a sixteen (16) acre parcel to CP (Planned Commercial). He stated that he would support this request, if the applicant presented a unified site plan which recognized and planned for what was contemplated in the Lake County Comprehensive Plan as a regional commercial activity center, and the Board determined that this location was the ideal location for the activity center.

Ms. Bonifay stated that the applicant was responding to the market demand, and they did not wish to go through other development review processes at this point in time. She stated that there was a distinction between the regional commercial category, and the regional activity center and suggested that it was not always the burden of the applicant to clarify the categories but the burden of the policy Board. She suggested that it would be helpful for the County to do a Small Area Study for the purpose of providing guidance and direction.

Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approve a request for rezoning from RM (Mobile Home Residential) to CP (Planned Commercial) with C-1 (Rural or Tourist) and C-2 (Community Commercial) uses, for commercial related uses - Resolution 1994-194.

Discussion occurred regarding a Small Area Study, at which time, Commr. Swartz stated that said study would indicate that the proposed rezoning was premature for the area and what was being proposed this date was inconsistent with the Lake County Comprehensive Plan.

Commr. Bailey noted, for the record, that this request had been recommended by staff and had been approved by an unanimous vote of 8-0 by the Planning and Zoning Commission.

In response to a question presented by Commr. Swartz, Mr. Stubbs stated that this was a regional commercial rezoning in the regional activity center as designated on the Lake County Future Land Use Plan Map. He stated that, at this time, there was not a unified site plan for the regional activity center. Commr. Swartz stated that it was not consistent with the Lake County Comprehensive Plan because it requires a unified site plan. Mr. Stubbs interjected that a unified site plan would be required when the project goes through site plan review and approval. He stated that the Lake County Comprehensive Plan does not indicate when the unified site plan was to be submitted.

The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.

Commr. Gerber and Commr. Swartz voted "No".

PETITION NO. #257B-89-2 AMENDMENT TO PUD ORD.#5-90

JOHN F. LOWNDES

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented a request for an amendment to PUD Ord.#5-90 to eliminate the wastewater and effluent disposal facilities which was approved in Ord.#5-90 for the Greater Groves PUD on 17.6 acres and utilize the 17.6 acres for construction of twenty-eight (28) single family residential homes which would be developed as Phase 6 of the PUD. He noted that the Planning and Zoning Commission recommended approval for an amendment to PUD Ordinance #5-90. At this time, Ms. Sharon Farrell, Planner III, distributed a copy of the site plan (County Exhibit 1) to the Board for their review.

In response to a question presented by Commr. Gerber, Mr. Stubbs discussed the request from the Department of Community Affairs that forty (40%) percent open space be provided on the 17.6 acre site that was proposed to be converted from an effluent disposal facility site to a residential site, and noted that the applicant would be providing the necessary open space for the overall project.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Mr. Jim Bible, Greater Construction Company, appeared before the Board, at which time the oath was administered by the Deputy Clerk. He stated that Greater Construction Company sent the proposal to the Department of Community Affairs in March 1994, and said project was informally approved. He stated that Greater Construction Company was only asking that the wastewater and effluent disposal facilities be deleted from the PUD and replaced with approval to construct twenty-eight (28) single family residential homes. He stated that Greater Construction Company was presently in negotiations with the Greater Groves Homeowner's Association in regard to the Association's concerns with a second entrance to the property.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for amendment to PUD Ordinance No. 5-90, to eliminate the wastewater and effluent disposal facilities, which was approved in Ordinance No. 5-90, on 17.6 acres and utilize the 17.6 acres for construction of twenty-eight (28) single family residential homes which will be developed as Phase 6 of the PUD - Resolution No. 1994-195.

PETITION NO. 37-94-2 A TO PUD LYKES DEVELOPMENT CORPORATION

C/O DERRILL MCATEER

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that a revised legal description of the property in question has been received and includes property west of U.S. Highway 27, and that the eastern portion of the site in Urban Expansion was not a portion of this PUD. At this time, Ms. Sharon Farrell, Planner III, distributed a booklet titled Lykes P.U.D., Lake County Florida (County Exhibit 1), and consisted of the application for P.U.D. Zoning and P.U.D. Preliminary Development Plan Approval. Mr. Stubbs stated that staff has reviewed this request and recommends that the PUD be considered over the Ridge, Rural/Conservation, and Transitional land use plan categories on the Lake County Land Use Plan Map. He stated that the applicant proposes to cluster the proposed units on the upland areas of the properties, which would be located within the Ridge and Transitional land use plan categories. He noted that the Department of Community Affairs has no concern with the proposed cluster of the units, that the recommendation of the Planning and Zoning Commission was for approval of rezoning from A (Agricultural) to PUD (Planned Unit Development) with waivers A, B, F, & H with County conditions prevailing; denial of waivers C, D, and E; with waiver G withdrawn by the applicant's representative.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

The applicant was present in the audience.

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

Ms. Cecelia Bonifay, Attorney, representing Lykes Development Corporation, appeared before the Board and introduced Mr. John Percy, representing Glatting Jackson Kercher Anglin Lopez Rinehart, at which time, the oath was administered by the Deputy Clerk. Ms. Bonifay clarified that the only land use categories that are included in this request are Ridge and Rural/Conservation. At this time, Ms. Bonifay distributed a copy of a corrected map (Applicant's Exhibit A) for the Board's review, which illustrated the exact declination of the property. She stated that the applicant has agreed to accept the recommendation of the Planning and Zoning Commission, and the Board can consider waivers C, D, and E withdrawn, noting that waiver G had been previously withdrawn.

Mr. John Percy, representing Glatting Jackson Kercher Anglin Lopez Rinehart, appeared before the Board and presented a "colored" site plan illustrating the project in question and discussed the preliminary development plan requirements for rezoning. He stated that one of the conditions of approval was a commitment to provide up to 297 acres of open space throughout the project.

Mr. Tim Hoban, Assistant County Attorney, noted that language regarding stormwater pipes would be deleted from the resolution.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approved a request to rezone from A (Agricultural) to PUD (Planned Unit Development); and approval of waivers A, B, F & H with County Conditions prevailing, as follows:

(A) Appendix A, Transportation Planning, Design and Construction Standards, Sec. II - Design Standards, Para. C(6) - a variance from the maximum grade of eight (8%) percent to maximum grade of ten (10%) percent for local roads other than the main road.;

Staff Comment: The Transportation Standards allow for a maximum grade of 10% for cases involving severe topography. Based upon the request, no waiver is necessary.

(B) Appendix A, Transportation Planning, Design and Construction Standards, Sec. III - Design Standards, Para. B (1) - to allow selected existing trees or newly planted trees in the right-of-way to remain;

Staff Comment: The Public Services Department can recommend approval of this waiver provided that determination of the trees to be saved is done in concurrence with the Department, and the Department has the final authority over clearing in the right-of-way.

(F) Appendix A, Transportation Planning, Design and Construction Standards, Section II - Design Standards, Para. B(1), Driveways - a variance from the required minimum ten (10') feet setback from the property line to allow a minimum five (5") foot setback from the property line because of lot width or 0 feet from a specified landscape easement.;

Staff Comment: The Public Services Department can recommend approval for a five (5') foot minimum setback provided an eight (8') foot long, four (4") foot wide pavement flare is utilized in lieu of the eight (8") foot paved minimum radii. A zero (0) foot setback from a specified landscape easement shall be acceptable provided the driveway meets the aforementioned setback and meets the requirements of the Environmental Management Department.

(H) Appendix A, Transportation Planning, Design and Construction Standards, Section II, Design Standards, Para. C(5)(b), Horizontal Curves - a variance of the requirement of a one hundred (100') foot tangent between curves for a neighborhood street to 0' tangent between reverse curves.

Staff Comment: The requirement for tangent length specified in this request is inconsistent with the Land Development Regulations; a tangent between reverse curves for a street classified as a neighborhood collector requires a minimum length of 200 feet and for a local street classification the minimum tangent length is 100 feet. The Public Services Department would not object to a decrease in the tangent length if the need is due to geographical limitations and all aspects of traffic and pedestrian safety have been taken into consideration. However, it is not recommended to waive this requirement for self imposed restrictions such as golf course design, development layouts, etc. The Department of Public Services should review the proposed horizontal roadway alignment on a case by case basis, and have the right to approve or disapprove each request.

Commr. Gerber discussed language in the staff report which states that "rezoning would result in an orderly and logical development along U.S. Highway 27." She noted that the total boundary from east to west on the entire PUD was adjacent to Rural Conservation, and questioned how the parcel in question would result in a orderly and logical development pattern.

Mr. Stubbs responded that the County was attempting to cluster all of the units in the Regional Land Use Category meeting the open space requirements within the Lake County Comprehensive Plan, and the principals for guiding development still apply to this site as well as others in Lake County. He stated that staff believes that this was a good project at this location.

The Chairman called for a vote on the motion, which carried by a 3 - 1 vote.

Commr. Gerber voted "No".

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

RECESS AND REASSEMBLY

At 11:55 a.m., the Chairman announced that the Board would recess for lunch, and reconvene at 1:15 p.m.

ZONING (CONTINUED)

Commr. Hanson brought up for discussion moving Tab 16, Petition No. CUP#94/5/2-2, forward on the agenda. It was the consensus of the Board not to move Petition No. CUP#94/5/2-2 forward on the agenda.

PETITION NO. CUP#94/9/3-5 JEAN A. MILLER

Mr. Greg Stubbs, Director of Development Regulations Services

Division, stated that this request was for a CUP in R-1 (Rural Residential), for the operation of a home occupation for a nail salon business. He stated that staff has reviewed this request and recommended denial because it would be an intrusion into an existing neighborhood and may have adverse impacts on adjacent property owners. He stated that the Planning and Zoning Commission approved the request for a CUP in R-1 (Rural Residential), as amended, to include the following: #7 to A. Land Uses: The business shall be limited to three (3) nail appointments per day.; and delete "other than that of a one (1) foot square sign mounted in the window of the premises."

Ms. Sharon Farrell, Planner III, distributed two (2) photographs (County Exhibits 1 & 2) illustrating the home in question for the Board's review.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Ms. Jean Miller, the applicant, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Ms. Miller addressed a question regarding parking and stated that there would only be one customer at a time on the premises and that she would be the only employee.

Commr. Gerber made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission and approve a request for CUP in R-1 (Rural Residential), for the operation of a home occupation for a nail salon business - Resolution No. 1994-197.

Commr. Swartz referred to the definition of a home occupation, and requested clarification of said language.

The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.

Commr. Cadwell and Commr. Swartz voted "No".

PETITION NO. CUP#94/9/1-4 CUP IN A JOHN & MARY ANN BEATTY

Mr. Greg Stubbs, Director of Development Regulations Services Division, presented the request for CUP in A (Agricultural), for a construction debris landfill in an abandoned borrow pit, and stated that staff recommends approval of this request based on finding it consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations, as conditioned. He noted that the Planning & Zoning Commission recommended approval of the request for CUP in A (Agricultural). At this time, Ms. Sharon Farrell, Planner III, distributed four (4) photographs (County Exhibits 1 - 4) of the parcel in question for the Board's review.

Mr. James Barker, Director of Environmental Management, appeared before the Board and stated that this request would be the fourth (4th) landfill site under the CUP process that has been approved by the Board in the last three years, and that only one landfill was presently in operation. He addressed questions from the Board in regard to the monitoring process of the landfill, and the impact of flood control on the CUP.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Mr. Steve Adams and Mr. Greg Beliveau, Land Planning Group, representing the applicants, appeared before the Board, at which the oath was administered by the Deputy Clerk. Mr. Adams stated that the proposed construction debris landfill site was an existing abandoned borrow pit, and the intent was to utilize construction & demolition debris to fill the pit, cover it with grass, and use it as pasture.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission and approve a request for CUP in A (Agricultural), for a construction debris landfill in an abandoned borrow pit for future use - Resolution No. 1994-198.

Commr. Swartz stressed the importance of monitoring the landfills to assure that what was going into the landfills was construction and demolition debris.

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

PETITION NO. 61A-93-2 AMENDMENT TO PUD ORD#34-93

CLERMONT GROVES INC., ET AL

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that the applicant was requesting a major amendment to PUD Ord#34-93, which was the Clermont Hills PUD approved on September 28, 1993, for construction of single-family residential, commercial and recreational uses. He briefly discussed the amendments in regard to the number and type of residential units, recreation/open space, agricultural open space and roads. He noted that the Planning and Zoning Commission approved the request for a major amendment to PUD Ordinance #34-93. He stated that the waiver/variances previously approved by PUD Ordinance #34-93 were still effective and would not be repeated within the document.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board and introduced Mr. Bob Farner, Farner-Barley & Associates, at which time the oath was administered to Mr. Bob Farner by the Deputy Clerk.

Ms. Bonifay explained that the original PUD (Planned Unit Development) on Clermont Hills was approved in 1993 and the purpose for the PUD amendment was to make minor modifications to the existing PUD Land Use Configuration, and to allow the project to be developed to fit the specific needs of the developer. She stated that the applicant was requesting changes in the area of setbacks, flexibility to allow zero lot lines, lot sizes that respond to the market at the particular point in time that the developer goes forward with the development. She explained that the transportation changes were a result of modification of the design to meet the developer's needs. She stated that the applicant has requested that the waivers in the original PUD be reinstated.

Mr. Farner discussed the minor modifications to the existing PUD Land Use Configuration and the comparative analysis of the existing PUD to the proposed PUD.

At this time, Ms. Bonifay requested the following changes within the Staff Report, as follows: Page 4, C. 1. - change "Policy 8-5.2" to Policy 8-8.6; Page 5, C. 3. - change "49.1% of the total land uses" to 49.1% or the total land uses. She requested that the above mentioned technical changes also be made in the resolution.

Mr. Tim Hoban, Assistant County Attorney, stated that the Fire/Rescue Standards, IV. Item 1, 2, 4, and 5 should be deleted, and will be replaced with the following language: Applicant shall adhere to Lake County Fire County Fire Standards.

Ms. Bonifay requested that language under Fire/Rescue Standards, Item IV. Item 3. be revised, as follows: 4. If the Board of County Commissions approve to adopt a different fee, the applicant will be required to pay the impact fee or, if not, will pay $127.00 per unit.

There being no further public comment, the public hearing portion of the meeting was closed.

At this time, Mr. Stubbs distributed a site plan (County Exhibit 1); and a booklet, prepared by Farner Barley & Associates, tilted Clermont Hills Major Amendment to Planned Unit Development (County Exhibit 2) for the Board's review.

Mr. Don Griffey, Traffic Engineer, Public Services, appeared before the Board to address questions pertaining to transportation issues.

Mr. Gene Molnar, Lake County School Board, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Molnar discussed the process taken by the School Board in identifying the impact of a PUD on the Lake County School System in terms of determining the location of students at the present, and the location of students at the time that the PUD was completed. He explained that the developers of the PUD before the Board this date have agreed to a school site, and the cost would be derived from impact fees at some point in time.

Mr. Hoban noted that language pertaining to the school would be included within the resolution.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission, and approved a major amendment to PUD Ordinance #34-93; and the waiver/variances previously approved by PUD Ordinance #34-93, for construction of single-family residential, commercial, and recreational uses, as follows:

A. In accordance with Section 9.04.01 (Block Layout) of the Lake County Land Development Regulations, the development may increase blocks up to 1,500 feet in length.

B. Cul-de-sac lengths may be increased up to 1,500 feet.

C. The development may construct bike paths at eight (8) foot width.

D. The development may use allowable pipe velocity of twenty (20) fps in lieu of ten (10) fps for reinforced concrete pipe only (not metal pipe) provided that the applicant submits data demonstrating that damaging scour conditions will not result within the pipes.

E. The development may be allowed to have temporary septic tanks to serve a model center and the temporary clubhouse, until central facilities are in place and the golf course rest rooms (on the course) be serviced by septic tanks. Septic Tanks cannot be within 1000 fee of the potable water well fields.

PETITION NO. 74-87C-2 AMENDMENT TO PUD ORD. #107-89

CITRUS VALLEY PLANNED UNIT DEVELOPMENT

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that staff recommends approval of this request based on finding it consistent with the Lake County Comprehensive Plans and the Lake County Land Development Regulations. He noted that the Planning and Zoning Commission approved the PUD amendment to utilize the 160 acre site for single family residential development rather than mobile homes subject to the following: to allow zero lot lines setback, to eliminate the requirement for mandatory hook-up to the private plant across the street; and the existing plant can remain where it is currently located or be relocated as shown on the site plan dated July 1, 1994. At this time, Ms. Farrell, Planner III, distributed a memorandum from Cecelia Bonifay, dated September 22, 1994 (County Exhibit 1) in regard to water and sewer services.

Mr. Tim Hoban, Assistant County Attorney, discussed the Vested Rights Determination for the Citrus Valley PUD and explained that a substantial change or deviation from the terms of a development order upon which said certificate was predicated would result in the loss of vested rights. He indicated that relocation of the package plant would result in a major change to the vested rights determination; however, the result would be the same whether they came under the old regulations or new regulations in regard to mandatory hook up to water and sewer lines. He explained that Lake County has historically deemed the moving of a package plant from one location to another as a major change; going from mobile homes to single family site built homes was considered a minor change; going from an RV Park to single family conventional homes would be considered a major change during the Development of Regional Impact (DRI) review by the Department of Community Affairs. He stated that a determination made by the Board would determine if the applicant must adhere to the current Lake County Comprehensive Plan or if the applicant was exempt from said plan. He stated that clearly the applicant had common law vesting and would be exempt from the Lake County Comprehensive Plan if they wanted to build a mobile home park or a RV park as previously approved.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

Mr. Jim Barker, Director of Environmental Management, appeared before the Board and stated that the relocation of the perculation ponds would result in a minor change; however, the relocation of the plant would result in a substantial change.

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board and illustrated on a site plan the location of the R.V. Park, consisting of 345 units presently in place. She discussed the two issues before the Board this date in regard to the definition of a major or minor modification, and how the R.V. Park functions. She urged the Board to address the R.V.s as they would a mobile home development. She stated that the applicant has worked with the County to draft a set of conditions addressing transportation, and requested that said conditions be added to the Staff Report and incorporated into the resolution.

At this time, Ms. Bonifay introduced Mr. Hartman, Hartman Engineering, and Mr. Bob Huffstetler, Genesis Design Group, who were present in the audience. She referred to the Staff Report, V. Transportation Improvements, and explained that the language did not reflect the changes that were made through the Technical Review Committee (TRC) that had been agreed upon by County staff. At this time, she distributed a copy of language indicating said changes to the staff report and resolution (County Exhibit A) to the Board for their review.

Ms. Bonifay summarized that the issues to be addressed this date were: 1) the conditions regarding the utility, which are the conditions to be included in the staff report and the resolution; 2) the Technical Transportation issues to be included in the staff report and the resolution; and 3) a determination to be made by the Board as part of the PUD approval as to whether or not the changes constitute a major or minor change.

In response to a question presented by Commr. Swartz in regard to the basis for the vested rights determination, Mr. Hoban explained that said determination was pursuant to the Lake County Land Development Regulations and pursuant to Common Law Vesting.

Commr. Swartz stated that the request this date was a substantial change and should come under the provisions of the Lake County Comprehensive Plan for that portion of the development that has not gone forward.

There being no further public comment, the public hearing portion of the meeting closed.

Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to approve the determination that the request for the proposed construction of the recreational vehicle park was a minor change within the Citrus Valley Planned Unit Development.

Commr. Swartz stated that, if said development was required to fall under all state agency plans, it should be required to fall under the County's plan. He stated that he does not endorse the Vested Rights Certificate for Citrus Valley PUD based on language in the Lake County Land Development Regulations, which are inconsistent with the Lake County Comprehensive Plan.

Mr. Don Griffey, Traffic Engineer, Public Services, appeared before the Board to discuss the Traffic Impact Analysis for the development in question and stated that the preliminary analysis of traffic generation was performed and that there would be a decrease in traffic impact generated by the single family residential development as opposed to the existing development. At this time, Mr. Griffey distributed a chart illustration the traffic impact for the existing use, and the proposed use (County Exhibit 2), which indicated that, under the existing use, there would be 464.68 peak hour trips, and under the proposed single family residential there would be 402.9 peak hour trips.

Commr. Gerber agreed that the request before the Board was a minor change; however, expressed concern that the action before the Board at this time would become precedent setting and stated that future cases may not fall within the guidelines as a minor change. The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.

Commr. Gerber and Commr. Swartz voted "No".

Mr. Hoban noted, for the record, that deletion of language on Page 7, Lines 14 through 22 of the resolution, as requested by Ms. Bonifay should be included in the motion.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for amendment to the existing PUD Ordinance No. 107-89, as amended to include the transportation standards as outlined in Applicant Exhibit A, and the conditions as outlined in County Exhibit 1, to utilize the 160 acre site for single family residential development rather than mobile homes - Resolution No. 1994-201.

PETITION NO. 24-94-4 A TO CFD HARVEST INSPIRATION MINISTRIES, INC.

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that the applicant had requested postponement of this request on two (2) previous occasions, and noted that he was not present in the audience at this time.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

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

There being no one present who wished to discuss this request, the public hearing portion of the meeting was closed.

Mr. Stubbs requested that the side and rear setbacks be changed to ten (10') feet or fifty (50) feet for any principle structures from front, side and rear property lines.

Mr. Don Griffey, Traffic Engineer, Public Services, stated that there was a provision in the Land Development Regulations for site plans that require paved access; however, recognizing said requirement was difficult for smaller sites, it does provide the ability for the County Manager or designee to waive that criteria.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to CFD (Community Facility District), as amended to include ten (10") foot, side and rear setbacks, for construction of a chapel and fellowship hall with accessory related uses such as classrooms, warehouse/storage, caretaker's residence, parsonage and community service center - Resolution No. 1994-201.

PETITION NO. CUP#94/5/2-2 CUP IN A NAPOLEON ULLOA

Mr. Greg Stubbs, Director of Development Regulations Services Division, stated that it has been clarified that the applicant does not intend to burn on the site, the existing structure on the site was a storage building, and that the home planned for the site was to be placed on tract 3 of the site plan in the Staff Report. He noted that there are three (3) letters in opposition and one (1) letter in support of this rezoning. He further noted that the Planning and Zoning Commission recommended approval of this request.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

Mr. Thomas R. Seward, representing the applicant, appeared before the Board; at which time, the oath was administered by the Deputy Clerk. Mr. Seward discussed the process of extracting juices from fruits and vegetables for processing into syrup and stated that the pulp would be tilled back into the land for fertilizer, which would result in less traffic on the roads. He stated that the machinery would be enclosed inside of a building, and the applicant would like to process the sugar cane all year, processing a small portion of the stalks at a time, which would result in low impact.

Mr. James Young, a resident of Avalon Woods Subdivision, appeared before the Board; at which time, the oath was administered by the Deputy Clerk. Mr. Young expressed concern that, if this request was approved, it would allow other commercial properties to move into the area, noting that this commercial processing plant should not be in a residential area. He discussed the rural residential atmosphere of Avalon Woods Subdivision, which consists of forty-two (42) five acre tracts, which sell for approximately $45,000 per lot. At this time, he presented a petition (Applicant's Exhibit A) in opposition to this request.

Ms. Grace Murray, a resident of Avalon Woods Subdivision, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Ms. Murray stated that the residents were told that the processing of the sugar cane would be done once every six (6) months, and that a small amount of cane would be processed. She expressed concern that it would not be possible to till all of the by-products back into the land, and concern with the noise generated from the processing machinery. She stated that the residents in the area have been given false information.

Commr. Hanson stated that the Conditional Use Permit (CUP) would monitor the operation, and discussion occurred regarding the use of the waste by-products as feed for farmers.

Ms. Sharon L. DeWitt, a resident of Avalon Woods Subdivision, appeared before the Board in opposition to this request; at which time the oath was administered by the Deputy Clerk. Ms. DeWitt stated that the homeowners in the Avalon Woods Subdivision own the roads and pay for the maintenance of said roads. She expressed concern with the added usage of the roads over and above normal use if the by-products were removed from the premises.

Ms. Lauri Lohse, a resident of Avalon Woods Subdivision, appeared before the Board in opposition to this request; at which time the oath was administered by the Deputy Clerk. Ms. Lohse stated that the Avalon Woods Subdivision was a country development with many of the five (5) acre lots vacant. She stated that those that were present at a Homeowners' Association meeting last week were unanimously opposed to this request. In response to a question presented by Commr. Cadwell, Ms. Lohse stated that she did not have complaint against the applicant growing sugar cane.

Commr. Hanson discussed the issue of dealing with residential use in agricultural rezoned property. She stated that the Conditional Use Permit would allow for a six (6) month review process.

Mr. Seward reappeared before the Board and indicated that Mr. Ulloa would consider putting forth an extra effort in maintaining the roads the decision was made to cut the sugar cane on the property and truck it to a commercial processing plant off-site.

Mr. Arneil V. DeWitt, a resident of Avalon Woods Subdivision, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. DeWitt expressed his support of the six (6) month review process and expressed his appreciation to the Board for their consideration of this request.

Mr. Seward stated that he does not foresee an increase in traffic that would not be considered normal in agricultural zoning, and that the applicant had no objection to the six (6) month review process.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approve a request for CUP in A (Agricultural); subject to a six month review of the CUP for the purpose of reviewing the issues of noise, no burning on-site, processing of only what was grown on-site, and any physical change of road conditions; and the hours of operation be limited to five (5) days per week, Monday through Friday, between 8:00 a.m. to 5:00 p.m., for extraction of juices from sugar cane for processing into syrup - Resolution No. 1994-202.

Mr. Stubbs noted that the review process for this request would be reposted, readvertised, and renotice in March 1995.

Commr. Swartz stated that when the County provides for lot splits for residential lots, such as Avalon Woods Subdivision, the Board has to consider the agricultural uses that are allowed in areas where property owners have been led to believe are residential lots.

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

Commr. Swartz voted "No".

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

SOLID WASTE/RESOLUTIONS

Mr. Pete Wahl, County Manager, explained that this request was the public hearing on the Refuse Rate Index (RRI) for the solid waste haulers. He stated that the Franchise Agreement allows the solid waste haulers the opportunity annually to have their rates adjusted in accordance to the Refuse Rate Index.

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board and stated that the calculation for the Refuse Rate Index for Fiscal Year 1994-95 was an increase .66 (%) percent. He stated that the increases were as follows:

Town and Country .02 per unit/mo.

Industrial Waste Service .05 per unit/mo.

South Lake Refuse .02 per unit/mo.

Mr. Roche stated that Town and Country and South Lake Refuse have indicated that they may not be raising their rates to commercial customers due to such a small increase.

At this time, Commr. Hanson called for public comment. There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried, the Board approved Resolution No. 1994-208, adopting the Residential Curbside Collection Service, Residential Solid Waste Collection Service, and the Commercial Solid Waste Collection Service rates for Fiscal Year 994-1995.

The motion carried by a 3 - 0 vote.

Commr. Cadwell and Commr. Swartz were not present for the discussion or vote.

SOLID WASTE/RESOLUTIONS

Mr. Pete Wahl, County Manager, presented this request.

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board and explained that the resolution before the Board changes the method in which the Solid Waste Management Fee Structure was applied.

At this time, Commr. Hanson called for public comment. There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried, the Board approved Resolution No. 1994-204, adopting a fee schedule for Lake County Solid Waste Disposal Facilities for Fiscal Year 1994-1995.

The motion carried by a 3 - 0 vote.

Commr. Cadwell and Commr. Swartz were not present for the discussion or vote.

COUNTY MANAGER'S CONSENT AGENDA

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

Grants/State Agencies

Request for approval for the Citizen's Commission for Children, in collaboration with HRS District 13 Public Health Units, to write and submit a full application grant to the Ounce of Prevention Fund.

Communications/Contracts, Leases & Agreements

Request for approval and executive of GTE Communications System Maintenance Agreements for Fiscal Year 1994-1995 for the two (2) telephone switches located in the Judicial Center and Board Administration Building.

Communications/Contracts, Leases & Agreements

Request for approval and execution of GTE Communications System Maintenance Agreements for Fiscal Year 1994-1995 for small telephone switches installed in outlying locations.

Grants/Planning

Request for approval of the 1994-1995 Planning Grant for Non-Sponsored Planning Related Services for the Transportation Disadvantaged Coordinating Board; and authorization for Chairman to execute and submit to the Transportation Disadvantaged Commission.

Deeds/Rights-Of-Way, Roads & Easements/Zoning

Request for acceptance of a Non-Exclusive Easement Deed from Mr. Hester Lilly for approved lot split in agricultural zoning on an easement off of Hwy. #455 - Commissioner District 2.

Zoning

Request for approval of the revocation of CUP #90/3/4-3 for the BlackBear Land Company, Inc.; subject to final review and approval by the County Attorney - Commissioner District 2.

Accounts Allowed/Subdivisions

Request for approval of the release of a Letter of Credit drawn on United Southern Bank, dated October 15, 1993, in the amount of $64,350.00, for the Cross Tie Ranch, Phase I Subdivision; subject to final review and approval by the County Attorney - Commissioner District 4.

Budgets/Communications

Request for approval to pay telephone and utility bills by direct pay routine, not to exceed line item amounts allocated in the Fiscal Year 1994-1995 budget for such use.

Grants

Request for approval for Chairman to sign 1994-1995 Litter and Marine Prevention Grant Applications.

Environmental Management

Request for approval to proceed with applying for certification as a Keep America Beautiful (KAB) Affiliate; and authorization for the Chairman to sign all applicable documentation required to form "Keep Lake County Beautiful".

Contracts, Leases & Agreements/Solid Waste

Request for approval to execute the First Amendment to the Solid Waste and Recycling Collection Services Contract related to the curbside collection of household batteries; subject to final review and approval by the County Attorney.

The motion carried by a 3 - 0 vote.

Commr. Cadwell and Commr. Swartz were not present for the vote.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

RESOLUTIONS/ENVIRONMENTAL MANAGEMENT/PLANNING/FAIRGROUNDS

FIRE AND EMERGENCY SERVICES/COMMUNITY SERVICES/PUBLIC SERVICES

Mr. Pete Wahl, County Manager, presented the resolution adopting fee schedules for Fiscal Year 1994-1995. He discussed revisions to the Fairground Fees Schedule, Department of Community Services Fees Schedule, and Department of Public Services Fees Schedule; at which time he distributed a copy of the revised Fee Schedules to the Board for their review.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved Resolution No. 1994-206, adopting Fee Schedules for Fiscal Year 2994-1995 for services provided by The Division of Environmental Management, Department of Planning and Development Services, Department of Fire and Emergency Services, Fairgrounds Division of the Department of Facilities and Capital Improvements, the Department of Community Services, and the Department of Public Services.

The motion carried by a 4 - 0 vote.

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

COMMUNICATIONS/INFORMATION SERVICES/COUNTY BUILDINGS

Mr. Pete Wahl, County Manager, presented this request.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried, the Board approved a request for GTECC to install a fiber optic cable from the Prelude facility to the Records facility for data connectivity among agencies.

The motion carried by a 3 - 0 vote.

Commr. Bailey and Commr. Cadwell were not present for the discussion or vote.

ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS

SOLID WASTE

Mr. Pete Wahl, County Manager, presented this request.

Mr. Ron Roche, Director of Solid Waste Management, distributed a copy of a series of correspondence to Phoenix Construction Services, Inc., and Phoenix Construction Services' response addressed to Mr. Frank Gaylord, County Attorney, dated September 26, 1994, for the Board's review.

Mr. Frank Gaylord, County Attorney, informed the Board that he addressed a letter to Phoenix Construction Services, Inc., dated September 22, 1994, making a demand upon them as to what was necessary for Phoenix Construction to complete the work previously contracted to be performed on the Umatilla Landfill. He stated Subsection (b), clearly sets out the negotiated agreement with Phoenix Construction, as follows: 1) require the contractor to furnish a letter of credit; 2) the County will have full time site inspection by the engineer which will be reimbursed by Phoenix; and 3) completion per schedule previously provided and, if they choose not to agree with the negotiated agreement, the County would proceed with the implementation of the Board's direction to go out for bid. Mr. Gaylord stated that correspondence from Phoenix Construction Services, Inc., dated September 26, 1994, indicates that Phoenix Construction would accept the responsibility of completing the landfill, and would furnish the bonds as originally requested. He stated that said response would indicate that Phoenix was requesting a bonding situation in lieu of the Letter of Credit designation. He further stated that he attempted to contact Phoenix Construction this date for the purpose of verifying the conditions outlined; however, Mr. James Finch, President, Phoenix Construction Services, Inc., was not available to verify said conditions. He stated that, if he could confirm with Phoenix Construction that they have accepted the negotiated offer to provide a bond, in the amount of $600,000.00, in place of providing a Letter of Credit, the County could proceed with Phoenix Construction for the completion of the Umatilla Landfill. He stated that an agreement was sent to Phoenix Construction in June, and it was his recommendation to proceed with the execution of said agreement.

COMMISSIONERS

At 3:55 p.m., the Chairman turned the Chairmanship over to Commr. Cadwell.

ACCOUNTS ALLOWED/ BIDS/CONTRACTS, LEASES & AGREEMENTS

SOLID WASTE (CONTINUED)

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, the Board approved to instruct the County Attorney's office and the County Manager's office to obtain a signed agreement from Phoenix Construction Services, Inc. by the close of business (5:00 p.m.) on Friday, September 30, 1994; and failing to receive the signed document, authorization for staff to obtain competitive bids; and encumber and expend funds for the closure of the Umatilla Landfill; subject to final review and approval by the County Attorney.

The motion carried by a 3 - 0 vote.

Commr. Bailey and Commr. Hanson were absent for the discussion and vote.

CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE

Mr. Pete Wahl, County Manager, presented this request.

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to address questions presented by the Board.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, the Board approved authorization for the Chairman to sign Limited Service Permit Agreements between Lake County and: Mid-Florida Lakes, Holiday Travel Park, Chain-O-Lakes, and Lake Yale Baptist Assembly regarding the payment and application of solid waste system fees.

The motion carried by a 3 - 0 vote.

Commr. Hanson and Commr. Bailey were not present for the discussion or vote.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC SERVICES

Mr. Pete Wahl, County Manager, presented this request.

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board and noted that the agreement between Lake County and the Greater Construction Corporation was a Fiscal Year 1993-1994 contract for provision of maintenance services within the Greater Pines Municipal Services Benefit Unit.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, the Board approved an Agreement between Lake County and the Greater Construction Corporation for the provision of maintenance services within the Greater Groves Municipal Services Benefit Unit for Fiscal Year 1994-1995.

The motion carried by a 3 - 0 vote.

Commr. Hanson and Commr. Bailey were not present for the discussion or vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES

Mr. Pete Wahl, County Manager, stated that the request for approval to enter into a project agreement with the Department of Environmental Protection, Florida Recreation Development Assistance Program (FRDAP); grant for $100,000.00 for Palatlakaha River Park Improvements, had been postponed until zoning action has been taken on this project in November 1994.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, the Board approved to postpone consideration of the project agreement with the Department of Environmental Protection, Florida Recreation Development Assistance Program; subject to written extension of the time frame for the grant for Palatlakaha River Park Improvements.

The motion carried by a 3 - 0 vote.

Commr. Hanson and Commr. Bailey were absent for the discussion and vote.

COMMISSIONERS

At 4:08 p.m., the Chairmanship was turned back to the Commr. Hanson.

ADDENDUM NO. 1

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

TAX COLLECTOR/RESOLUTIONS

Mr. Pete Wahl, County Manager, presented the request for a resolution creating the Lake County Equity Study Commission and stated that Mr. T. Keith Hall, Tax Collector, would not be available to appear before the Board at this time.

Mr. Frank T. Gaylord, County Attorney, noted that before the Board was a resolution creating the Lake County Equity Study Commission and attached to said resolution was a letter from Mr. T. Keith Hall, dated September 16, 1994, and a list of individuals for the Board's consideration who have agreed to serve on an Equity Study Commission.

Discussion occurred regarding the makeup of the Equity Study Commission, at which time Mr. Gaylord suggested that the resolution be amended to change the membership to nine (9) members of the business community within Lake County.

Mr. Wahl suggested that the committee size be structured as not less than seven (7) members and not more than eleven (11) members and additional categories be identified. He noted that the resolution was required to be adopted by January 1, 1995.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried, the Board approved Resolution No. 1994-207, creating the Lake County Equity Study Commission, as amended to expand the membership of said Commission to not less than seven (7) and not more than eleven (11); the membership will be sought by the County Attorney; and a quorum will consist of the majority of appointed members.

The motion carried by a 4 - 0 vote.

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

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

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

Contracts, Leases & Agreements/Planning

Request for approval to execute DEP Contract No. GC328, Florida Department of Environmental Protection Agreement for Storage Tank System Compliance Verification Program for Lake County for Fiscal Year 1994-1995.

The motion carried by a 4 - 0 vote.

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

REPORTS

COUNTY MANAGER

PUBLIC SERVICES/ROADS-COUNTY & STATE

Mr. Pete Wahl, County Manager, informed the Board that the Department of Transportation has substantially reduced the weight load limits on a bridge located on County Road 561A, and staff has received three quotes for bridge repair for the Board's review.

Mr. Jim Stivender, Director of Public Services, appeared before the Board and stated that the bridge located on County Road 561A had a three (3) ton limit, and that there were approximately twenty bridges in Lake County that require additional support. He discussed the three bids, in the amounts of $16,400.00, $17,800.00 and $20,000.00, noting that he would like approval from the Board to not exceed $20,000.00 for the purpose of covering additional work that may be required for unexpected repairs.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to add to the agenda a request for bridge repair located on County Road 561A.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request to proceed with bridge repair on County Road 561A north west of Clermont, not to exceed $20,000.00, with the understanding that the low bid was in the amount of $16,400.00.

COUNTY ATTORNEY

STATE AGENCIES

Mr. Tim Hoban, Assistant County Attorney, informed the Board that the Department of Environmental Protection (DEP) has notified the County that a hearing officer would be available for a public hearing on December 12, 1994, in Lake County, for the purpose of taking public comment in regard to the installation of the Sunshine Pipeline. He noted that the time and advertising would be done by DEP. It was the decision of the Board to hold a public hearing on December 12, 1994 in regard to the installation of the Sunshine Pipeline.

COUNTY MANAGER (CONTINUED)

PERSONNEL/BUDGET OFFICE

Mr. Pete Wahl, County Manager, brought up for discussion a request for severance pay for the Budget Office staff. It was noted that an agenda item had been distributed to the Board prior to the start of the meeting this date. He stated that there were currently no provisions in Lake County's Personnel Rules and Regulations that specifically address severance pay for laid-off employees. He directed the Board's attention to the Issue Paper, prepared by Ms. Lois Martin, Director of Human Resources, which outlines a severance pay schedule based on an employee's years of service, as follows:

6 months thru 2 years of service: one (1) week regular pay

3 years thru 5 years of service: two (2) weeks regular pay

6 years thru 9 years of service: three (3) weeks regular pay

10 years or more: four (4) weeks regular pay

Ms. Lois Martin, Director of Human Resources, appeared before the Board to discuss the issue of severance pay for laid-off employees.

Commr. Swartz suggested that the Board adopt the aforementioned severance pay schedule for laid-off employees who fall into the category of employees in good standing, whose positions have been eliminated through reduction in work force, or reorganization that would eliminate said position. He brought up for discussion the issue of health insurance for the laid-off Budget Office employees and suggested that the Board provide a grace period, along with severance pay, for laid-off employees, in which the County would continue to carry health insurance for said employees.

Mr. Wahl noted that County employees are eligible to continue to participate in the County's group health plan under COBRA coverage for a maximum of eighteen (18) months following their date of separation. He expressed concern that the Board differentiate that continuation of health insurance be only for those laid-off employees due to a reduction in work force or reorganization.

Commr. Hanson expressed concern with making a decision that was reactionary based on one issue and stated that there were other issues with the Personnel Rules and Regulations that should be addressed. She stated that she would feel more comfortable if the language "in lieu of notice" was included, and suggested that this issue be brought before the Personnel Committee.

Commr. Cadwell stated that, after reviewing the proposed severance pay schedule, he feels that this was a compromise that he could live with and would provide the employees the opportunity to find another job.

Mr. Wahl requested the Board's concurrence to provide the Budget Office staff administrative leave for the remainder of this week so that the transition period could begin.

Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to provide the Budget Office employees administrative leave for the remainder of this week; and to authorize staff to place in the Lake County's Personnel Rules and Regulations the schedule for severance pay for laid-off employees due to a reduction in work force or reorganization, as follows: 6 months thru 2 years of service: one (1) week regular pay; 3 years thru 5 years of service: two (2) weeks regular pay; 6 years thru 9 years of service: three (3) weeks regular pay; 10 years or more: four (4) weeks regular pay; and said employees receive the County's group health insurance coverage for no greater than ninety (90) days.

Commr. Hanson requested that a review of surrounding counties be made to determine where Lake County differs to other counties in regard to health insurance coverage and severance pay.

Commr. Swartz stated that he would include in his motion a request that the Personnel Committee review this issue and other issues and bring back their recommendations to the Board.

Commr. Cadwell expressed his appreciation to Ms. Martin for her time and effort in preparing the information before the Board this date.

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

COMMISSIONER SWARTZ - DISTRICT NO. 3

PUBLIC SERVICES

Commr. Swartz referred to a memorandum from Mr. Craig Willis, Bicycle and Pedestrian Coordinator, dated September 26, 1994, in regard to the final ISTEA priority ranking. He explained that the Lake County Bicycle and Pedestrian Advisory Committee has revised its initial ISTEA priority ranking recommendation that had been submitted to the Department of Transportation. He stated that, initially, No. 1 and No. 2, Lake Minneola Trail - Phase I & Phase III, had been removed because they did not meet the strike illegibility guidelines; however, it was indicated that, if the two projects were placed back on the list with a high priority, once the illegibility issue was removed, funding through contingency funds that are set aside for Lake County would be available. He stated that the Bicycle and Pedestrian Advisory Committee recommendation to the Board was to consider the revised initial ranking and to have said ranking relayed to the Department of Transportation.

Mr. Craig Willis, Bicycle and Pedestrian Coordinator, and Mr. Chuck Pula, Parks and Recreation Coordinator, were present in the audience to answer questions pertaining to this issue.

Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to instruct staff to relay to the Department of Transportation the revised initial ISTEA priority ranking as recommended by the Lake County Bicycle and Pedestrian Advisory Committee, as follows:

#1 Lake Minneola Trail - Phase II Construction of 6.6 miles of Trail

#2 Lake Minneola Trail - Phase III Pre-acquisition & Construction

#3 Mount Dora - Bike/Ped Path from Eudora Road to McDonald Street

#4 Tavares - Sidewalks from Merry Road to Wooton Park

#5 Eustis - Bike/Ped Facilities (2 Bike Routes & 1 Sidewalk)

#6 Tavares - Landscaping for Project #2

#7 Lady Lake - Landscaping for Medians on US 27/441

#8 Lady Lake - Bike/Ped facilities and landscaping on McClendon Street

Commr. Hanson stated that she has requested that Mr. Chuck Pula, Recreation Coordinator, prepare a proposal outlining the possibilities for the County to set aside the property taxes that will be derived from the Sunshine Pipe Line for the Rails to Trails program.

The motion carried by a 4 - 0 vote.

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

ADDENDUM NO. 1

REPORTS

COMMISSIONER HANSON - CHAIRMAN AND DISTRICT NO. 4

Commr. Hanson presented the request for discussion in regard to Lake County funding impact fees for Habitat for Humanity projects which go through the Affordable Housing Program.

Mr. Mark Knight, Chief Planner, Planning Services Division, appeared before the Board and briefly discuss the potential impact fee reduction for homes constructed by Habitat for Humanity. He explained that Habitat for Humanity was looking for a way to cover the costs of impact fees, and the Affordable Housing Advisory Committee has voted to use the funds as they are outlined in the Housing Assistance Plan, and to continue to look for alternate funding sources to offset impact fees. He explained that the Lake County Land Development Regulations provides for a twenty-five percent (25%), fifty percent (50%), and seventy-five percent (75%) waiver to impact fees provided that the money came from an alternate funding source, which equates to $300.00, $600.00, or $900.00 for a standard home; however, the Lake County Affordable Housing Assistance Program provides for a $4,362.00, $5,820.00 and $7,272.00 disbursement for a household, which could be used to offset the cost associated with impact fees. He stated that Habitat for Humanity was requesting additional funds to cover the impact fees; however, they have received the maximum award that was available at this time.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:45 p.m.

RHONDA H. GERBER, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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