The Lake County Board of County Commissioners met in regular session on Tuesday, April 25, 1995, 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: Rhonda H. Gerber, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Welton G. Cadwell. Others present were: Rolon W. Reed, Interim County Attorney; Bruce Duncan, Assistant County Attorney (P.M. only); Sue B. Whittle, Interim County Manager; Mary Shell, Administrative Assistant to BCC Office Manager; Ava Kronz, BCC Office Manager (P.M. only); and Marlene S. Foran, Deputy Clerk.

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

AGENDA UPDATE

Mr. Rolon Reed, Interim County Attorney, requested that Addendum No. 1, Item I. A. 1., Approval to withhold all permits, clearances and other authorization for construction on Deer Island pending compliance with PUD Ordinance No. 40-90; and approval to proceed against any surety which may have guaranteed performance, be addressed immediately before or after Zoning Agenda No. 8, Case No. 120B-90-3, Deer Island/Cypress Island.

Commr. Gerber requested permission to present a resolution in support of the Surface Water Improvement and Management (SWIM) Program under Reports.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved to add a resolution in support of the Surface Water Improvement and Management (SWIM) Program to the Agenda under Reports.

MINUTES

Regarding the Minutes of March 23, 1995, clarification was made to the misspelling of a word.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the Minutes of March 23, 1995, as presented.

On a motion by Commr. Good, seconded by Commr. Cadwell, and carried unanimously, the Board approved the Minutes of March 27, 1995, as presented.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

ROAD VACATIONS

PETITION NO. 772 H.L. & RUTH WIGGINS UMATILLA AREA

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present Road Vacation Petition No. 772 by H. L. & Ruth Wiggins to vacate a portion of East Thirteenth Street, Assembly Heights Subdivision, and explained that this request was being reheard due to an incomplete legal description. He noted that this request had been readvertised to correct said error.

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

Mr. Russell Minks, a local resident, appeared before the Board and stated that he had no objection to this request; however, discussed a dispute over the applicant's understanding that they could take a twenty-one (21') foot right-of-way although the County had provided a thirteen (13') foot right-of-way.

Discussion occurred regarding the circumstances surrounding the dispute.

Ms. Leslie Campione, Attorney, representing H.L. and Ruth Wiggins, appeared before the Board and briefly discussed this request. She stated that she was not aware that there was a question in regard to the thirteen (13') foot right-of-way.

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

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved Road Vacation Petition No. 772 by H. L. and Ruth Wiggins to vacate East Thirteenth Street, Assembly Heights, Section 5, Township 18, Range 27, Umatilla area -Commissioner District No. 5.

PETITION NO. 773 FREDERICK & LUANN ANTONIO MT. PLYMOUTH AREA

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present Road Vacation Petition No. 773 by Frederick and LuAnn Antonio to vacate Duxbury Avenue, Plat of Mt. Plymouth, and explained that this petition was being reheard in order to provide clarification to the legal description. He presented on the monitor a plat of the area in question and briefly discussed the clarification to the legal description.

Commr. Hanson stated that the original motion was to vacate the road subject to prescriptive rights in place at the time; at which time discussion occurred regarding the intent of the Board.

Mr. Stivender explained that one individual has an easement across Camp Challenge; however, the petitioner has a problem granting one individual an easement across the southern portion being that other people use it also. He stated that staff would amend the wording based on the understand that the Board wishes to vacate the whole road with the prescriptive road remaining, and provide clarity on that portion south of the sand road.

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

Ms. Hearn, representing Ms. Katrina Pierson, Lot No. 1 on the plat, appeared before the Board to express concern with the closing of the road in question.

Mr. Fred Antonio, the applicant, appeared before the Board and requested assurance that the new legal description reads that the eastern border of the vacated portion was the western border of Camp Challenge, the properties abut to each other, and that the portion of the legal description that reads less the sand road has been deleted.

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

On a motion by Commr. Hanson seconded by Commr. Good and carried unanimously, the Board approved Road Vacation Petition No. 773, by Frederick and LuAnn Antonio to vacate Duxbury Avenue, Plat of Mt. Plymouth, Section 28, Township 19, Range 28, Mt. Plymouth area; subject to the legal description, and to prescriptive rights that may be on said road - Commissioner District No. 4.

PETITION NO. 783 LAKE COUNTY PUBLIC SERVICES/SOLID WASTE

LADY LAKE AREA

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present Road Vacation Petition No. 783 by Lake County Public Services/Solid Waste to vacate road right-of-way, Plat of the Town of Lady Lake. He stated that there has been some question regarding the validity of this right-of-way although it has been shown on every plat. He explained that the right-of-way provides ingress and egress to people along the south side of the landfill, and staff was requesting to vacate said right-of-way because of a large mound of debris located on the right-of-way, and because it would be an intricate part of the closing of that site.

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

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

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved Road Vacation Petition No. 783 by Lake County Public Services/Solid Waste to vacate road right-of-way; and grant a fifteen (15') foot easement along the south boundary from Rolling Acres Road; Plat of the Town of Lady Lake, Section 20, Township 18, Range 24, Lady Lake area - Commissioner District No. 5.

PETITION NO. 784 KARL ROSSBAUM LADY LAKE AREA

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present Road Vacation Petition No. 784 by Karl Rossbaum to vacate an utility easement, Orange Blossom Gardens Unit 3.1B.

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

Mr. Jim Oliver, SunCentral Realty, representing Mr. Karl Rossbaum, appeared before the Board to address questions presented by the Board.

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

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation Petition No. 784 by Karl Rossbaum to vacate a utility easement, Orange Blossom Gardens Unit 3.1B, Section 6, Township 18, Range 24, Lady Lake area - Commissioner District No. 5.

PETITION NO. 785 LYKES BROTHERS, INC. CLERMONT AREA

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present Road Vacation Petition No. 785 by Lykes Brothers, Inc. to vacate tracts and rights-of-way, Plat of Bowman Realty Company, and explained that this location was south of Lake Louisa State Park. He presented a plat of the area in question on the monitor and noted the location of the property owned by Mr. and Mrs. Robert Fox. He stated that a letter has been received from Mr. William Manuel, trustee for Mr. and Mrs. Fox, indicating that they have no objection to the vacation; however, said letter outlined a series of requests in association with the State of Florida concerning ingress and egress to their site. He explained that the County has retained the ingress and egress along the north boundary and that the action taken by the Board this date does not appear to complicate their ingress and egress.

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

Ms. Cecelia Bonifay, Attorney, representing Lykes Development Company, appeared before the Board and explained that this was a piece of property that was a recent subject to state acquisition and would be sold to the State of Florida to be used for conservation recreation, and provide the state access along U.S.

Highway 27. She stated that the applicant did not attempt to vacate the portion along the northern portion of the property which provides the access to Mr. and Mrs. Fox and noted that the legal access was on Lake Nellie Road.

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

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

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation Petition No. 785 by Lykes Brothers, Inc. to vacate tracts and rights-of-way, Plat of Bowman Realty Company, Section 8, Township 24, Range 26, Clermont area - Commissioner District No. 2.

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; Mr. James Barker, Director of Environmental Management; Ms. Sharon Farrell, Planner III, Office of Development Regulations Services; Mr. Jim Stivender, Senior Director, Public Services; Mr. Rick Hartenstein, Code Compliance Officer; Mr. Ron Johnson, General Counsel, E.R. Jahna Industries, Inc.; Ms. Liz Barker, Land Planning Group; Mr. Ted Wicks, Wicks Consulting, Inc.; Mr. Rick Powers; Mr. Corby Myers, Attorney; and Mr. E. R. Jahna, President, E. R. Jahna Industries, Inc.

PETITION NO.46-94-2 A TO CFD THOMAS & THELMA TURNER

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for rezoning from A (Agriculture) to CFD (Community Facility District) to utilize a modular building temporarily for a church, and to place a mobile home on the site for a pastor's living quarters. Mr. Stubbs presented a site plan of the First United Pentecostal Church (County Exhibit 1) on the monitor for the Board's review. He explained that this parcel was approximately ten (10) acres in the

Montverde area and currently has a mobile home on the site. He further explained that this item was on the Board's agenda a few months ago as a five (5) acre parcel; however, this case has been readvertised and an additional five acres has been added. He stated that staff recommends approval to CFD (Community Facility District) to utilize a modular building temporarily for a church and to place a mobile home on the site for pastor living quarters. He stated that it was consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations.

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

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and questioned Mr. Stubbs in regard to staff's approval of this request based on finding it consistent with the Lake County Comprehensive Plan and the Land Development Regulations.

Mr. Stubbs explained that the concerns of staff that are expressed through the Technical Review Committee process are incorporated into the proposed resolution before the Board this date.

Ms. Cecelia Bonifay, Attorney, representing Mr. Robert Klemko and other property owners in the vicinity of the site, appeared before the Board and presented questions to Mr. Stubbs.

At this time, Mr. Stubbs discussed the conditions that were placed on the recommended approval of this rezoning by the Planning and Zoning Commission, which include that the modular building be a Department of Community Affairs approved modular structure; the applicant maintain a setback of fifty (50') feet for any principal structures from front, side, and rear property lines; all agricultural uses on the property be removed within thirty (30) days of site plan approval for the church; access be from Buckhill Road and no access would be permitted on the privately maintained public rights-of-way on each side of the property; lighting

attached to the building shall be directed upon the subject property, except for a mercury vapor light on a pole; and the applicant must obtain a Unity of Title for the two sites subject to the approval of the Board. Mr. Richey interjected that an additional condition was that the existing mobile home would remain; an additional mobile home or conventional home would be placed in the rear of the property; and if the existing mobile home was replaced with a conventional home, it would be placed in line with the proposed visiting pastor's residence.

Ms. Bonifay questioned Mr. Stubbs in regard to the conditions alluded to above, and the characteristics of the general area; at which time, Mr. Stubbs stated that the above noted conditions need to be incorporated into the resolution, as presented. He testified that the area around the site was primarily agriculture/residential structures and mainly residential area ranchette type homesites that vary in lot size.

Mr. Thomas H. Turner, the applicant, appeared before the Board to address questions presented by Mr. Richey; at which time the oath was administered to Mr. Turner by the Deputy Clerk.

Mr. Turner stated that he was affiliated with the First United Pentecostal Organization International and provided information on other United Pentecostal Organizations in Lake County. He stated that presently his ministry was operating out of the VFW building in Clermont. Mr. Turner stated that his family was living on the ten (10) acre parcel in question, and he briefly discussed the condition of the property at the time that he purchased the property and the present condition of the property.

At this time, Mr. Richey directed Mr. Turner's attention to the site plan (County Exhibit 1). Mr. Turner responded to questions in regard to the site plan in question and noted that the location of the proposed class rooms and sanctuary. He explained that, in the interim, they were proposing a temporary sanctuary that would be a modular building, which was indicated as Site No. 3

on the site plan. He explained that Site No. 2 would be a fellowship hall that would be built as funds were available, and Site No. 4 would be a parsonage that would be a mobile home or a conventional home for visiting preachers. Mr. Turner stated that he was accepting the conditions of the site plan, and briefly discussed the two hundred (200') foot setback for buildings. He explained that they were planning to phase the project as funding becomes available. He stated that the conditions alluded to by Mr. Stubbs were conditions that they accept as conditions of the Public Facility District (CFD).

RECESS & REASSEMBLY

At 10:20 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:30 a.m.

PETITION NO. 46-94-2 A TO CFD THOMAS & THELMA TURNER (CONTINUED)

Mr. Stubbs presented a map (County Exhibit 2) on the monitor illustrating the location of property owners on South Buckhill Road, Starwood Court, Skyview Lane, Howey Cross Road, Windjammer Road, and Turnpike Road with the property owners in opposition to this request underlined in orange.

Ms. Bonifay reappeared before the Board and stated that a number of property owners would be appearing before the Board in opposition to this request; at which time the oath was administered by the Deputy Clerk to the following individuals: Robert S. Klimko; Thomas W. Erickson; Edward E. Johnson; William R. Denmark; Donna Franklin; William Morin; Sherry Griswald; Marcia Carithers; and Mary Ann Jones.

Mr. Robert S. Klimko, 19260 South Buckhill Road, appeared before the Board in opposition to this request; at which time it was noted that Mr. Klimko had been previously sworn in by the Deputy Clerk. Mr. Klimko addressed questions presented by Ms. Bonifay and indicated that he had drawn the map (County Exhibit 2) before the Board at this time, and that a copy of the

map had been submitted to the Planning and Zoning Commission with a petition in opposition to this request. At this time, Mr. Klimko addressed the basis of his opposition to this request and explained that the request would produce urban sprawl, and would change the characteristics of the area and his way of life. He stated that a church in this area would be incompatible and an inconsistent land use.

Ms. Bonifay entered into evidence seventeen (17) photographs (Opposition Exhibit A (1-17) of homes in the area in opposition to this request, as Mr. Klimko briefly discussed each photograph and indicated the location of the photograph on the map in relation to the proposed church.

Mr. Richey reappeared before the Board and presented questions to Mr. Klimko in regard to potential development of vacant property in the area, access to the site in questions, and the conditions testified to by Mr. Turner.

Mr. Thomas W. Erickson, Trustee for Ward J. Leppere Residual Trust, appeared before the Board in opposition to this request; at which time it was noted that Mr. Erickson had been previously sworn in by the Deputy Clerk. Mr. Erickson addressed questions presented by Ms. Bonifay and discussed the Lois L. McKay property and indicated that he had sold the two five acre tracts to Mr. Turner. He stated that they were not aware of the fact that Mr. Turner was looking for a church site and would not have considered the sale of the property had they known of the plans to rezone the property. He stated that this area should be limited to agriculture and residential zoning.

At this time, Mr. Erickson responded to questions presented by Mr. Richey in regard to Unity of Title, and plans for the sixty (60) acre parcel known as the Lois L. McKay property.

Mr. Edward E. Johnson, 19600 South Buckhill Road, appeared before the Board in opposition to this request; at which time it was noted that Mr. Johnson had been previously sworn in by the

Deputy Clerk. Mr. Johnson addressed questions presented by Ms. Bonifay and stated that his family resides on six (6) acres and moved to the area because of the agriculture zoning and rural atmosphere. He noted that two acres of his property were used for tree farming, and they would like to keep traffic to a minimum, and maintain the quiet neighborhood that was present at this time.

Mr. William R. Denmark, a resident of Orlando, appeared before the Board in opposition to this request; at which time it was noted that Mr. Denmark had been previously sworn in by the Deputy Clerk. Mr. Denmark addressed questions presented by Ms. Bonifay and noted the location of his property at 19800 South Buckhill Road on the map. He explained that Bluesmoke Trail separated his property from the Turner's property. He expressed his concern with the increase in traffic that would result from functions affiliated with the church and noted that South Buckhill Road was the primary road in the area and serves the City of Clermont and the Town of Montverde with no other access to the church entrance.

Ms. Donna Franklin, 11615 Turnpike Road, appeared before the Board in opposition to this request; at which time it was noted that Ms. Franklin had been previously sworn in by the Deputy Clerk. Ms. Franklin addressed questions presented by Ms. Bonifay and noted the location of her property on the map and discussed the access to her property. She stated that her family moved to an agriculture community to raise livestock, and that this request was not compatible with the surrounding area, and would result in exceeding the density requirements that are imposed on residential uses in the area. She expressed concern with the increase in traffic on South Buckhill Road. She stated that Mr. Turner's church was not recommended to her when she had contacted the Pentecostal Church home office for a recommendation for a church for her family to attend.

Mr. William Morin, a future resident of 11700 Sky View Lane,

appeared before the Board in opposition to this request; at which time it was noted that Mr. Morin had been previously sworn in by the Deputy Clerk. Mr. Morin addressed questions presented by Ms. Bonifay and illustrated the location of his property on the map. He explained that his family decided to build in the area to pursue an agricultural endeavor, and that the proposed church would have an adverse impact on the area because of the traffic generated. He stated that this growth was unreasonable.

Ms. Sherry Griswald, 11825 Skyview Lane, before the Board in opposition to this request; at which time it was noted that Ms. Griswald had been previously sworn in by the Deputy Clerk. Ms. Griswald addressed questions presented by Ms. Bonifay and stated that her family moved to the area because of the rural lifestyle, and the opportunity to raise livestock. She stated that her primary concern was that the rezoning to a Community Facility District would open other avenues for other business to move to the area. She noted that South Buckhill Road was a very hilly road, and the increase in traffic would be problematic given the size and capacity of the road.

Ms. Marcia Carithers, 12048 Skyview Lane, appeared before the Board in opposition to this request and stated that she was also representing her sister, Diane Carithers, who resides at the same address. It was noted that Ms. Carithers had been previously sworn in by the Deputy Clerk. Ms. Carithers addressed questions presented by Ms. Bonifay, and explained that her family moved to this location because it was zoned agriculture in a quiet, peaceful country setting. She briefly discussed the traffic on South Buckhill Road, and the impact of a church on said road. She expressed her concern that rezoning the property in question was opening up an avenue to other rezoning which would result in a negative impact on the country setting.

Ms. Mary Ann Jones, 11805 Skyview Lane, appeared before the Board in opposition to this request; at which time it was noted

that Ms. Jones had been previously sworn in by the Deputy Clerk. Ms. Jones responded to questions presented by Ms. Bonifay and noted the location of her property in relation to Mr. Turner's property. She stated that her family moved to the area because of the zoning and for the peace and quiet of the country setting. She expressed concern that the increased traffic on South Buckhill Road would deteriorate the road, and that the rezoning of the property in question would set a precedent for further changes to the country setting.

Ms. Bonifay stated that, in summary, the positions of her clients were clearly stated that they did not feel that this rezoning was a compatible or a consistent land use. She stated that there does not seem to be a need or demand for a church in the area, and the impact on the surrounding land owners should be considered. She further stated that this request was inconsistent with the policies in the Lake County Comprehensive Plan.

Mr. Richey called Mr. Ed Havill, Lake County Property Appraiser, to the podium; at which time the oath was administered by the Deputy Clerk. Mr. Havill responded to questions presented by Mr. Richey and stated that the proposed church would have a neutral effect, and possibly a position effect, on the surrounding area.

Mr. Havill responded to questions presented by Ms. Bonifay and discussed the factors in making his determination of the impact of the property in question to the surrounding area. He stated that he was basing his statements on the fact that the conditions alluded to by Mr. Stubbs would be included in the zoning resolution.

Mr. Richey called Mr. Donald Griffey, Engineer Director, Public Services, to the podium; at which time the oath was administered by the Deputy Clerk. Mr. Griffey responded to questions presented by Mr. Richey and explained that South Buckhill Road was currently classified as a local road with a double surface

treatment. He stated that the road had sufficient capacity to handle the traffic generated by the proposed church with 250 members.

Mr. Richey directed Mr. Griffey's attention to County Exhibit 1, which illustrates a private easement called Eastridge Lane on the south of the property, and a private easement called Bluesmoke Trail on the north of the property. Mr. Griffey stated that this site would not be subject to the provisions of the County's Access Management Ordinance and that the property did meet the Land Development Regulations in terms of access, driveways, and the spacing of the driveways. He stated that the roads were acceptable to the County based on the standards for local roads.

Mr. Griffey responded to questions presented by Ms. Bonifay and stated that he did not recall this request being reviewed by the Technical Review Committee.

Mr. Richey called Mr. John McGibbon, an adjacent property owner, to the podium; at which the oath was administered by the Deputy Clerk. At this time, staff entered into evidence twelve (12) photographs (County Exhibit 3, 1-12) from the Planning and Zoning Commission. Mr. McGibbon addressed questions presented by Mr. Richey and noted that the photographs (County Exhibit 3, 1-12) were taken by himself and were photographs of surrounding properties on South Buckhill Road. At this time, Mr. McGibbon provided a brief narrative of each photograph, and the location of the church property in relation to the photographs. Mr. McGibbon stated, for the record, that he moved to the area for the same hopes, dreams, and aspirations of all of the people in the area; however, he did not feel a small community church would ruin his quality of life and would be an asset to the community.

Mr. McGibbon responded to questions presented by Ms. Bonifay in regard to his location to the property in question; at which time Mr. McGibbons indicated that he lived closer to the proposed property than any one present today. Ms. Bonifay directed the

Boards' attention to two letters in opposition from Mr. John A. Melkowits, who resides in Toms River, New Jersey, and owns property adjacent to the Turner property.

Mr. Richey called Mr. George Jones, Pastor, First United Pentecostal Church, to the podium; at which time the oath was administered by the Deputy Clerk. Pastor Jones stated that he was Pastor of the First Pentecostal Church, 140 Lake Rose Drive, Orlando, and explained that he was the District Home Missions Director for the United Pentecostal Church International, and supervisor to Pastor Thomas Turner. He stated that he has been involved with the execution of the plan that Pastor Turner has testified to with regard to the site plan, and it would be his responsibility to insure that the conditions and obligations were met. He stated that he has spoken with Reverend C. P. Williams, District Superintendent, Hazelwood, Missouri, in regard to a local resident being referred to a church in Ocala, and Reverend Williams indicated that an individual would not be referred to a church in Ocala when there were several Pentecostal churches in Lake County. He stated that Pastor Turner went through a course of study to become approved with the United Pentecostal Church International, and was in good standing with the United Pentecostal Church.

Mr. Richey presented closing remarks and stated that this was a rural area that has substantial housing that would support a rural church. He stated that the Planning and Zoning Commission recommended that this request be approved with the conditions; at which time, he reviewed said conditions of the Community Facility District. He stated that Pastor Turner has indicated that he would accept additional conditions that the Board may feel necessary, and that the proposed church would be a rural church with a rural setting in a rural area serving rural neighbors. He requested that the Board approve this request.

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

Mr. Jim Stivender, Senior Director, Public Services Department, appeared before the Board to discuss the double surface treatment on South Buckhill Road which was completed in 1992. He explained that an inch of asphalt was usually added to the surface in two to three years, however, noted that the asphalt process was not in the plan for this fiscal year.

Commr. Swartz stated that the issue was the impact of the facility, and the significant amount of traffic that would be generated if the church becomes a reality. He stated that the area in question was an example of how Lake County has subdivided through the lot split process, but has become "plat like" in that it was by all existing circumstances a residential plat that was on five (5) acre parcels or larger. He stated that South Buckhill Road was a double surfaced local road that was intended for a low density residential agricultural area and that this request was not an appropriate land use given the nature of the area and how the character of the area would be changed. He expressed concern with the traffic implications that are not suitable for this area, and stated that he would not vote for this rezoning.

Commr. Cadwell expressed concern with the four structures on ten (10) acres, two of which are dwelling units. He stated that, if this same site was on the corner of a collector road or arterial road with the surrounding area as it was, he would have less problem with the request. He stated that the church would fit into the neighborhood, but he does not think that this parcel on this strip of roadway was appropriate.

Discussion occurred in regard to the site plan (County Exhibit 1) and the phasing of the project.

Mr. Stubbs stated that staff presently was reviewing the issue of establishing criteria for facilities that generate traffic, such as churches, schools, and day care centers. He stated that in Community Facility Districts there are criteria for the

establishment of commercial and other land uses, but not for the facility before the Board at this time.

Commr. Good stated that the infrastructure needs were an issue and whether a double surface road could handle the increased traffic. He stated that the community was not ready to move forward, and the need was not present for a Community Facilities District (CFD). He stated that it was premature for him to move to change the zoning at this time.

Commr. Gerber stated that the "plat like" argument was a good argument, and what was before the Board at this time was very similar to what the Board examines on a regular basis as a plat. She stated that she agrees that rural areas do need churches; however, this group of people were not asking the Board to meet the needs of the community. She expressed concerned with the location of the site on South Buckhill Road, and the traffic on said road.

Commr. Good made a motion, which was seconded by Commr. Swartz, to overturned the recommendation of the Planning and Zoning Commission and deny a request for a rezoning from A (Agriculture) to CFD (Community Facility District) to utilize a modular building temporarily for a church and place a mobile home on the site for pastor living quarters.

Commr. Good stated that he would like to include in the motion "deny without prejudice".

Commr. Swartz stated that some time in the future there may be a need and a desire for some type of Community Facility District (CFD) but to deny this request without prejudice would provide the applicant the ability to resubmit the request within a year. He stated that the issues surrounding this request would not change within a year.

Commr. Good stated that he would withdraw his request to "deny without prejudice".

Commr. Hanson stated that this request does create a plat of five (5) acre tracts but furthers her contention that the County

need PUDs, for good quality development, that do allow for churches, schools, and commercial activity within a rural area. She stated that CFDs are compatible with rural land use designation without the Lake County Comprehensive Plan, and are compatible with rural residential and agriculture. She stated that this request should be phased in and that she would vote against the motion with the concern that, at this time, there would be a minimal impact from the thirty-five (35) members, to one that could have a large impact if it grows to the projected two hundred and fifty (250) members.

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

Commr. Hanson voted "No".

RECESS & REASSEMBLY

At 12:30 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 1:30 p.m.

PETITION NO. 14-05-4 A TO C-1 D. SCOTT JOY

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for rezoning from A (Agriculture) to C-1 (Neighborhood Commercial) to construct and operate an electronics repair business and single-family residence. He explained that staff reviewed this request against the Lake County Comprehensive Plan, and the commercial locational criteria to establish this use and has recommended approval to rezone the parcel to CP (Planned Commercial) for an electronics repair shop and single family residence. Mr. Stubbs stated that rezoning to CP (Planned Commercial) was consistent with the Lake County Comprehensive Plan; at which time he reviewed the land uses outlined in Policy 1-1.15 that are not allowed within the Rural Village land use category. He explained that Policy 1-3A.1 requires the commercial use to be that of Neighborhood Convenience. Mr. Stubbs reviewed the positives and negatives of this rezoning, and noted that there were two letters in support of this request.

Mr. Stubbs displayed a copy of the site plan on the monitor, and the Board discussed the location of the site, and access to the site via State Road 44.

Mr. Don Griffey, Director of Engineering, Public Services, appeared before the Board to address Access Management criteria and explained that there would be no problem meeting the current spacing standards under Access Management if they access via State Road 44. He discussed the realignment of County Road 42 as proposed by the Florida Department of Transportation (FDOT) in their Planning Design and Environmental Study. He stated that it was in FDOT's long range plan to four lane State Road 44; however, FDOT has made no commitment to four lane said road in the near future.

Mr. Stubbs noted that the Planning and Zoning Commission recommended approval to CP (Planned Commercial) to construct and operate an electronics repair business and single-family residence. Mr. Stubbs responded to questions presented by the Board pertaining to the status of the Rural Village. He explained that the limitations in the Rural Village criteria for total commercial square footage that was allowed was 50,000 square foot, and there was the ability to increase the square footage as the population increased in the Rural Village.

Mr. Mark Knight, Senior Planner, Planning and Development Services, appeared before the Board and explained that during the St. Johns Reserve PUD (Planned Unit Development) it was determined that there would be a limitation of 50,000 square feet in the Rural Village on a "first come first serve" basis.

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

Mr. D. Scott Joy, the applicant, appeared before the Board; at which the oath was administered by the Deputy Clerk. Mr. Joy addressed questions presented by the Board and explained that he desires to have access on State Road 44 due to Crows Bluff Road

being a narrow two lane road. He further explained that approximately three or four cars a day would be driving to his place of business and indicated that their work was through pickup from major dealers in the Lake County area.

Commr. Hanson stated that this was not what she anticipated for a Rural Village unless access was from Crows Bluff Road. She suggested that a Conditional Use Permit would allow for a home occupational license. She stated that it was premature for normal commercial zoning in this area because there was not a Rural Village at this time, and the commercial zoning was with the intent of drawing from the Rural Village.

Commr. Swartz stated that the Rural Village was on the map but not a reality at this time, and there was question whether it meets the County's commercial locational criteria, and access management in terms of distance from Crows Bluff Road. He stated that the type of activity that the applicant was proposing was inconsistent with the concept of a Neighborhood Convenience for the Rural Village. He expressed concern that this request would encourage a commercial corridor along State Road 44, and he was reluctant to start down a road that encourages commercial premature to the development of the Rural Village.

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

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

Commr. Cadwell stated that he does not have a concern with Access Management, and does not know at what point the Rural Village has enough residences to warrant any type of business.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board overturned the recommendation of the Planning and Zoning Commission and denied a request for rezoning from A (Agriculture) to C-1 (Neighborhood Commercial) to construct and operate an electronics repair business and single-family residence.

The motion carried by a 4 - 1 vote.

Commr. Cadwell voted "No".

Commr. Gerber noted that the reason for her denial of this request was due to the commercial corridor.

At this time, discussion occurred in regard to the options available to the applicant that would allow him to obtain a variance to his home occupational license to allow him to operate an electronics repair business.

PETITION NO. 15-95-2 A TO CFD BOARD OF TRUSTEES INTERNAL

IMPROVEMENT DIVISION OF FORESTRY

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was from the Board of Trustees of the Internal Improvement of the State of Florida, Florida Department of Agriculture & Consumer Services, Division of Forestry for rezoning from A (Agriculture) to CFD (Community Facility District) to construct a fire tower and a caretaker's residence on property located in the Lake Erie area. He explained that staff recommends approval to rezone the parcel to CFD (Community Facility District) for a fire tower and caretaker's residence and that the Planning and Zoning Commissions recommends approval of this request.

At this time, Commr. Gerber 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. Mr. Stubbs noted that the applicant had been present earlier in the meeting.

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

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agriculture) to CFD ( Community Facility District) to construct a fire tower and a caretaker's residence - Resolution No. 1995-94.

PETITION NO. 17-95-3 RMRP TO RP DEBORAH G. HILL

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for an amendment of RMRP (Mobile Home Rental Park) zoning to delete land and rezone from RMRP to RP (Residential Professional) for construction of a residence. He explained that the subject property was within the Pink Top Mobile Home Park, and the applicant was requesting to delete this tract from the existing park. He stated that staff has reviewed this request against the Lake County Comprehensive Plan and Land Development Regulations and recommends approval to R-2 (Estate Residential) for the construction of a single family residential homesite. He stated that the Planning and Zoning Commission recommended approval to R-2 (Estate Residential) to delete land and construct a single-family residence. He noted that a letter has been received from the City of Tavares stating that sewer was not available at this time but water was available. He stated that staff would insure that the applicant connects to the City of Tavares water system.

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

Mr. Alan McPherson, representing the applicant, appeared before the Board; at which time, the oath was administered by the Deputy Clerk. Mr. McPherson stated that it was his understanding at a meeting with the City of Tavares that the city was to grant the use of the Pink Top Mobile Home Park sanitary and water systems. He stated that they do not want to connect to the City of Tavares. He explained that the road right-of-way from centerline to the property line was eighteen (18') feet at the present time and questioned why the applicant was being required to dedicate additional right-of-way to provide for thirty-three (33') feet from the centerline of Anderson Road.

Mr. Don Griffey, Director of Engineering, Public Services, appeared before the Board and explained that the thirty-three (33') feet was based on the right-of-way standards that the County has adopted for a local road. He stated that the road has a substandard right-of-way and County regulations are written that, when zoning requests that front on a road with substandard right-of-way, the requirement can be included to dedicate the additional right-of-way to bring it up to current standards.

Ms. Jean Gibson, 14912 Old U.S. Highway 441, appeared before the Board in opposition to this request; at which time the oath was administered by the Deputy Clerk. At this time, Mr. Stubbs presented on the monitor a letter from Ms. Gibson, dated April 20, 1995, (Opposition Exhibit A) requesting permission to address the Board in regard to this request. Ms. Gibson explained that her property was adjacent to the property in question and that she was not notified of this rezoning. She discussed the rezoning of the parcel in question when it was originally rezoned to Pink Top Mobile Home Park at the Board of County Commissioners meeting on June 20, 1978. She stated that the minutes of said meeting states that there was a fifty (50') foot area given as a buffer zone between the mobile home park and the applicant's property. At this time, Ms. Gibson indicated that she had the original plat map which was used in a suit against Lake County in 1982-1985 and was a part of the archives of Lake County. Ms. Gibson was informed that, if the original plat map were presented to the Board at this time, the map would have to be entered as an exhibit. Ms. Gibson did not present said map. She presented a copy of the Notice of Public Hearing from the Lake Sentinel, dated April 25, 1995 (Opposition Exhibit B). Ms. Gibson discussed drainage problems in the area, and a problem with raw sewage running onto her property. She stated that she has made a commitment to the City of Tavares that she would provide the city an easement off of her property if the

mobile home parks in the area were annexed to the City of Tavares and provided city water and sewer.

Mr. McPherson presented a photograph (Applicant's Exhibit A) of the drainage ditch alluded to by Ms. Gibson and explained that Ms. Gibson has denied the County the opportunity to clean out the ditch to allow proper drainage toward the railroad. He stated that there has been no problem under County Code Compliance in regard to the package plant, and the raw sewage alluded to by Ms. Gibson was from the mobile home park adjacent to the Pink Top Mobile Home Park.

Mr. John High, 31328 Anderson Drive, appeared before the Board in support of this request; at which time the oath was administered by the Deputy Clerk. Mr. High addressed the drainage ditch alluded to by Ms. Gibson and indicated that the County has been denied the opportunity to clean said ditch. He stated that the property in question was rezoned to R-1 (Urban Residential), and he does not recall a fifty (50') foot buffer zone; however, does recall that trailers could not come up to Anderson Drive, which may be the buffer zone alluded to by Ms. Gibson.

Ms. Gibson clarified that she was not against the rezoning but said property should have separate water and sewer through the City of Tavares.

There being no further public comment, 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 RMRP to R-2 (Estate Residential), with conditions as outlined in the resolution for construction of a residence - Resolution No. 1995-95.

PETITION NO. 18-95-5 A TO C-1 FRANK AND ELLEN MEISSE

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for rezoning

from A (Agriculture) to C-1 (Community Commercial) for a retail plant nursery. He stated that staff recommends approval of a CUP (Conditional Use Permit) in A (Agriculture), and that the Planning and Zoning Commission approved a CUP (Conditional Use Permit) in A (Agriculture) for a retail plant nursery.

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

Mr. Frank Meisse, the applicant, appeared before the Board to address questions presented by the Board; at which time the oath was administered by the Deputy Clerk. Mr. Meisse explained that their business specializes in retail landscaping and that all of their business was in the Villages. He explained that they live in Fruitland Park at this time and conduct their retail nursery on the front portion of their property.

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

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

On a motion by Commr. Cadwell, seconded by Commr. Good and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agriculture) to a CUP (Conditional Use Permit) in A (Agriculture) for a retail plant nursery - Resolution No. 1995-96.

The motion carried by a 4 - 1 vote.

Commr. Swartz voted "No".

PETITION NO. MSP#94/10/1-2 E. R. JAHNA & MOR GAN PADGETT

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this was a request for sand mining and processing in the South Lake County area. He explained that staff recommends approval of a Mining Site Plan for the operation of a sand mining facility, and that it was consistent with the Lake County Comprehensive Plan and Land Development Regulations. He stated that the Planning and Zoning Commission approved this request, as amended, with the updated staff changes in the resolution.

Mr. Jim Barker, Director of Environmental Management, appeared before the board and explained that the applicant has agreed to meet all restoration requirements; the alteration criteria of the Green Swamp Area of Critical State Concern and mining site plan requirements; and to place the wetland areas in conservation easements as they go through the program by phases in accordance with the mining site plan ordinance.

At this time, discussion occurred regarding the aerial map (County Exhibit 1) of the mining site. Commr. Swartz questioned if there were any setbacks or buffering requirements for wetlands that would insure that the wetlands would not be impacted should the retaining facility fail.

Mr. Barker explained that there were one-hundred (100') foot buffers adjacent to the wetland areas and that settling basins were no longer approved for current mining operations for the primary reason that container walls tend to fail.

In response to questions presented by Commr. Swartz in regard to the lowering of surficial or subsurficial water levels, consumptive use issues, and the hydrogeologic report, Mr. Barker stated that staff was confident that the adjacent properties and wetland areas were well protected.

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

Mr. Ron Johnson, General Counsel for E. R. Jahna Industries, appeared before the Board; at which time it was noted that Mr. Johnson had previously been sworn in by the Deputy Clerk. He introduced the following members of the E. R. Jahna Industries team: Liz Barker, Biologist, Land Planning Group; Ted Wicks, Engineer, Wicks Consulting, Inc.; Rick Powers, Hydrogeologist; Corby Myers, Land Use Attorney, Law Firm of Peterson, Myers; and E. R. Jahna, President, E.R. Jahna Industries. He presented a brief history of this project, and stated that they have met all of the legal requirements for this project, and the project was

consistent with the Lake County Land Development Regulations and the Lake County Comprehensive Plan, as well as all of the principles for guiding development in the Green Swamp Area of Critical State Concern.

Mr. Rick Powers, President, Bromwell and Carrier, appeared before the Board to address questions presented by the Board; at which time it was noted that Mr. Powers had been previously sworn in by the Deputy Clerk. Mr. Power presented on the monitor two Tables (Applicant's Exhibit A) and discussed the Daily Dredge Pump Flow; Ground Water; Total Daily Water; Predicted Head Elevations; Square Footage of Pit; and Evaporation. He stated that the total withdrawal was 1.9 million gallons per day, and the leakage value for the confining layer indicates a range between .25 inches to .7 inches per year and averages .50 inch for that site of recharge.

Mr. Johnson directed the Board's attention to the resolution, Item Q. Transportation and stated that it was the intent that the applicant would be responsible for the connection to County Road 474 and any maintenance issues that might arise in respect to the connection or drive entrance to County Road 474.

Mr. Don Griffey, Director of Engineering, Public Services, appeared before the Board and explained that staff does not feel that this operation would result in damage to the County Road system, and that the applicant has proposed that language be included that obligates them to repair any damage that results from their operation as a condition of their mining operation.

Commr. Good requested that language be incorporated to establish a time frame for the repair to damage that may result from the mining operation.

Commr. Gerber clarified that language under Q. Transportation would include language that indicates that E. R. Jahna Industries would be responsible for repairs to County Road 474 as deemed necessary by Lake County Public Services and that the connection to County Road 474 would also be a requirement of the resolution.

Ms. Liz Barker, appeared before the Board; and it was noted that Ms. Barker had been previously sworn in by the Deputy Clerk. Ms. Barker addressed questions presented by Commr. Gerber in regard to mitigation and explained that there was a one-hundred (100') foot buffer setback from the wetland line to the extent of the mining activities.

Mr. Joe Morin, an adjacent property owner, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Morin expressed concern that the proposed sand mine could drop the water table of the pond on his property that waters his thirty (30) acre grove and provides protection from the cold.

Commr. Swartz informed Mr. Morin that language was incorporated into the resolution which states that mining activities shall not adversely impact the ground water level of the surficial aquifer beyond the boundaries of the mine. He stated that, if ponds start drying up, and the surficial aquifer was being adversely impacted, there would be a review of this Conditional Use Permit.

Mr. Morin suggested that Jahna Industries be required to issue a bond that would insure that, if the pond does go dry, they would be responsible for installing a well on his property.

Mr. Powers explained that the drawn down in the surficial aquifer on any property outside of the Jahna property would be a maximum of ten (10) inches for a period of six months and that no long term effect would occur outside of the boundaries.

Extensive discussion continued regarding the effect of the Jahna mine on Mr. Mormon's water supply, and the location of the pond. Mr. Johnson stated that there were no requirement for Jahna Industries to post a bond. He explained that there were monitoring requirements to monitor the potential impacts of off-site water flow, and all neighboring property owners would be adequately protected.

Mr. Barker stated that staff would make all report information available to Mr. Morin prior to the start of the mining operation.

Mr. Corby Myers, Attorney, representing the applicant, appeared before the Board; at which time it was noted that Mr. Myers had previously been sworn in by the Deputy Clerk. Mr. Myers stated that Jahna Industries was very comfortable that they would not have any effect on Mr. Morin's water table. He stated that Jahna Industries would be happy to talk with Mr. Morin and to make data available.

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

Commr. Good expressed concern that the maintenance bond issue be addressed with an established perimeter for protection of both parties regarding the distance from the mine and that there be a timeframe in which repairs would be made.

Mr. Johnson clarified that there would be a reclamation bond in place pursuant to the Lake County Land Development Regulations.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for sand mining and processing - Resolution No. 1995-97.

RECESS & REASSEMBLY

At 3:50 p.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 4:00 p.m.

ADDENDUM NO. 1

REPORTS

CONTRACTS, LEASES & AGREEMENTS/PLANNING

Mr. Rolon Reed, Interim County Attorney, requested that the approval and execution of an Agreement for Binding Arbitration relating to the Sugarloaf Development of Regional Impact be postponed until May 2, 1995.

Mr. Reed further requested that discussion as to the acceptance or rejection of proposed settlement of DOAH proceeding by the Department of Community Affairs concerning Charles E. Bradshaw LUPA No. 94-1-1-2 be postponed.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone the approval and execution of Agreement for Binding Arbitration relating to the Sugarloaf Development of Regional Impact; and discussion as to the acceptance or rejection of proposed settlement of DOAH proceeding by the Department of Community Affairs concerning Charles E. Bradshaw LUPA No. 94-1-1-2 until May 2, 1995.

ZONING (CONTINUED)

PETITION NO. CUP#92A/1/1-2 AMENDMENT TO CUP#92/1/1-2 IN A

JAPAN PACIFIC TRADING CORPORATION A/K/A FLORIDA SELECT CITRUS

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for an amendment to CUP#92/1/1-2 in A (Agriculture) to add more land (170 +/- acres) to the existing sixty (60) acre site used for sprayfield irrigation. He explained that staff had reviewed the request and recommended approval of an amendment to the CUP to add the 170 acres. He explained that in 1992 the applicant was granted an amendment to the existing CUP to add approximately sixty (60) acres, and all technical information, reports and plans for the entire 230 acres was provided to the Environmental Management Division for their review and approval. He further explained that it was later discovered that the legal description, provided for the amendment and the public hearing process, did not encompass all of the property to be used for that activity. He stated that the Planning and Zoning Commission approved the request for an amendment to CUP#92/1/1-2 to add land to the existing land used for sprayfield irrigation. At this time, Mr. Stubbs presented an aerial map, and a Soils Conservation Service Soil Map (County Exhibit 1) on the monitor; at which time discussion occurred in regard to hydrologic soils groups in the area.

Mr. James Barker, Director of Environmental Management, appeared before the Board and discussed the characteristics of hydrological soil types and explained that staff has reviewed and approved the construction plans, and a review of the CUP indicated that there was a legal description that only included property that was not under the current ownership of Florida Select Citrus. He noted on the aerial map the three areas of concern, and a comparison was made of the aerial map and the Soils Conservation Service Soil Map.

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

Mr. Ted Wicks appeared before the Board, at which time it was noted that Mr. Wicks had previously been sworn in by the Deputy Clerk. He explained that the request this date was to clean up an administrative issue on the Conditional Use Permit that was issued in 1992. He stated that Florida Select Citrus was fully permitted by Florida Department of Regulation and was in compliance with County Code.

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

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

Mr. Stubbs presented an illustration of Florida Select Citrus Property Boundary & Sprayfield Locations (Applicant's Exhibit A) for the Board's review.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for an amendment to CUP#92/1/1-2 in A (Agriculture) to add more land (170 +/- acres) to the existing sixty acres used for sprayfield irrigation to correct the legal description - Resolution No. 1995-98.

PETITION NO. #120B-90-3 AMENDMENTS TO PUD ORDINANCE #40-90

DEER ISLAND CLUB/CYPRESS ISLAND

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for amendments to building setbacks to the approved PUD Ordinance #40-90. He discussed the amendments to building setbacks, as follows:

Section I(A (2), Regarding Setbacks for Buildings and Accessory Structures: to delete the current language and provide the following setbacks for residential lots within the PUD:

a. Single family homes and accessory buildings shall maintain side and rear setbacks of five (5) feet from the property line, provided, however, a setback of twenty (20) feet shall apply for lots where a Conservation Line has been established.

b. Zero lot line concepts shall maintain a minimum of ten (10) feet between structures and a minimum of five (5) feet on the remaining side yard setback; Front yard setbacks within the zero lot line concepts shall be able to maintain a fifteen (15) feet front yard setback from the established right-of-way.

c. for road rights-of-way or easements, the front yard setback shall be fifteen (15) feet from the right-of-way.

Amendment to Section IV (C) Wetlands - Regarding Conservation Line Setbacks for Buildings and Accessory Structures shall be amended to read Setbacks from the conservation line shall be maintained in accordance with Section I(A)(2)(a) of this Ordinance.

Mr. Stubbs explained that staff has recommended approval of the amendments, as stated above, and as conditions of approval, the applicant shall be required to adhere to those conditions as outlined in the proposed resolution. Mr. Stubbs stated that one petition had been received from Concerned Citizens For the Responsible Development of Deer Island, with forty-six (46) signatures in opposition. He clarified, for the record, that in no case would the setbacks be no more than a ten (10) foot reduction, no closer than fifteen (15) feet from the front property line from where the County has been consistently measuring setbacks from within this PUD. Mr. Stubbs directed the Board's attention to a letter from Ms. Leslie Campione, dated March 22, 1995, in which the applicant has requested that their request to amend the conservation easement setback from twenty (20) feet to fifteen (15) feet be withdrawn and that portion of the application addressing language in the PUD ordinance regarding golf course membership be deleted. He explained that those items had already been advertised and are in the original advertisement that was before the Board today.

Commr. Swartz stated that it would be his desire to postpone any consideration of the request for amendments to building setbacks to the approved PUD Ordinance until other outstanding issues of the PUD Ordinance have been addressed. He stated that he would like to come back to this issue more comprehensively so that staff could review it in terms of the overall project in assuring that it would result in more orderly development.

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

Ms. Leslie Campione, Attorney, representing the Deer Island Club, appeared before the Board and addressed the issues pertaining to the submittal of the request before the Board at this time. She stated that the developer was making all attempts to complete various obligations all of which are outlined in the backup materials. She stated that there was discussion of several issues that needed to be accomplished off-site that the developer was making an attempt to address; however, the developer was having difficulties with cash flow in attempting to pay bills. She stated that most of the sub-contractors that provided services for this development were small Lake County businesses. She discussed the developer's attempt to auction lots to generate revenue to allow him to follow through with the off-site improvements as addressed in the backup materials. She explained that lots were sold and revenue was generated; however, said lots have not closed because of the outstanding concerns.

Ms. Campione addressed the request for amendments to building setbacks and stated that she would be agreeable to postpone this request until such time that the improvements in the PUD Ordinance

are addressed. She requested permission to address the request to withhold all permits, clearances and other authorization for construction on Deer Island pending compliance with PUD Ordinance No. 40-90, and approval to proceed against any surety which may have guaranteed performance.

Discussion occurred regarding the request to postpone the rezoning request for amendments to building setbacks to the approved PUD Ordinance #40-90; at which time Ms. Campione stated that the applicant would be agreeable to a ninety (90) day postponement of said amendments.

Mr. Carl Lundstrand, 16539 East Shirley Shores Road, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Lundstrand stated that he had no opposition to the ninety (90) day postponement.

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

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

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone a request for amendments to building setbacks to the approved PUD Ordinance #40-90 until the July 25, 1995 Board of County Commissioners Meeting.

ADDENDUM NO. 1

REPORTS

SUBDIVISIONS/ZONING

Mr. Rolon Reed, Interim County Attorney, presented the request for approval to withhold all permits, clearances and other authorization for construction on Deer Island pending compliance with PUD Ordinance No. 40-90,; and approval to proceed against any surety which may have guaranteed performance, and stated that this request was assembled by staff pursuant to a request by the Board on March 28, 1995. He directed the Board's attention to a memorandum, dated April 6, 1995, from Mr. Greg Stubbs, Director of

Development Regulations Services Division, which indicates that the County permitted the issuance of building permits for Deer Island in the spirit of cooperation with the developer. He stated that staff became aware toward the end of 1994 that the developer had not made the efforts promised to Lake County to finalize those off-site improvements for the project, and improvements to Shirley Shores Road as of this date have not been completed. He explained that the agreement for improvements to Shirley Shores Road was a requirement to protect the Homeowners from the impact of this development. Mr. Reed stated that there was question whether the off-site improvements related to the Deer Island project were bonded, and whether the developer could afford to pay for the off-site improvements. He briefly discussed public safety issues that should be addressed immediately, and the issue of the public golf course being operated from the Deer Island site with no stop signs on any of the roadway intersections within said project. He noted that it was clearly indicated in the Ordinance that the golf course facility be restricted to a private equity golf course, which was clearly not the way that the golf course has been conducted. He directed the Boards' attention to a memorandum from Mr. Rick Hartenstein, Code Compliance Officer, date April 18, 1995.

Commr. Swartz brought up for discussion the issue of whether the improvements were bonded, at which time, Mr. Stubbs stated that the County was holding a bond for the improvements. Mr. Reed interjected that the attorney for the contractor who obtain the bond has expressly denied that the bond applies to off-site improvements. He stated that it should have applied and could be read to apply.

Ms. Campione addressed a memorandum from Mr. Greg Stubbs, dated April 6, 1995, and stated that said memorandum addresses Lake County policy, but does not address the case in this particular situation. She explained that the Deer Island project was a platted subdivision that was approved and recorded, which changes

the status of the situation. She stated that the developer had every intent to complete his obligations, and the improvements would be made immediately if the developer had the cash flow. She stated that stopping the issuance of building permits on platted lots was outside the authority of the Board and was illegal.

Commr. Hanson suggested that the Interim County Attorney develop a method to insure that money derived from the sale of lots go to the County for the improvements.

Mr. Carl Lindstrand reappeared before the Board and stated that the action before the Board at this time was prudent and a step in the right direction.

Commr. Swartz suggested that the Board ask the County Attorney's office to review in detail the coarse of action available to the County to insure that the on-site and off-site improvements are completed, to look at all options that may be available, including legal action, and to direct the Interim County Attorney to bring said options to the Board for consideration.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to direct staff to come back to the Board on May 2, 1995 with specific options for Board consideration to insure the on-site and off-site improvements of the Deer Island Development.

Commr. Swartz brought up for discussion the issue of the golf course at the Deer Island project, and stated that it was understood that the golf course facility would be restricted to a private equity golf course. He suggested that this issue be sent to Code Compliance indicating that they were clearly in violation of the PUD. He expressed concern that the public was traveling over the roads that lacked basic street signs and stop signs. He stated that the County was at risk from a safety standpoint, and he was very disturbed that the developer has allowed a use of that facility that was clearly inconsistent with approvals that were given, and the developer's understanding of the PUD.

Commr. Swartz made a motion, which was seconded by Commr. Hanson, to request staff between now and the May 2, 1995 Board of County Commissioners meeting to include in the options that were available to the Board the option to go to Code Compliance, and the option of a judicial remedy.

Commr. Gerber brought up for discussion language in the proposed resolution which states that the golf course facility would be restricted to a private equity golf course limited to residents of Cypress Island and two-hundred and fifty (250) outside members.

Commr. Good stated that as part of the motion it was important that the direction be there for swift and immediate action to resolve the infrastructure improvements.

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

Ms. Sue Whittle, Interim County Manager, informed the Board that a review of the County's processes in regard to Final Plat/Bond Review, Acceptance of Bond, and Release of Bonds had been made as a result of the Deer Island project, which would assistant toward insuring that a situation of this type doesn't occur again. She requested that the Board review the Final Plat/Bond Review process and invited the Board's questions and comments. It was noted that the Final Plat/Bond Review process had been distributed prior to the start of the meeting this date.

PETITION NO. CUP#90/3/8-4 STIPULATED SETTLEMENT AGREEMENT

ELIZABETH SALTER

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for approval of a Stipulated Settlement Agreement which clarifies and modifies the existing CUP (Conditional Use Permit) for a flower plant nursery, or revocation of the CUP (Conditional Use Permit). He explained that currently on-site was a plant nursery facility and a single family residence. He further explained that the County Attorney's

office was instructed to send this request back through the public hearing process. He stated that the Planning & Zoning Commission approved the Stipulated Settlement Agreement executed by both parties. He stated that staff would modify the CUP commensurate with this agreement if this request was approved and noted that fifteen (15) letters had been received in opposition, and that opposition was present in the audience this date.

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and stated that it was his understanding that they were present to address the Stipulated Settlement Agreement, which modifies the Conditional Use Permit, and not the revocation of the Conditional Use Permit. He explained that there were individuals who had signed the agreement that do not wish to abide by said agreement, and that he would object to the Board considering any revocation at this time because his client had not been provided with specifics as was normal due process of a revocation hearing. He requested that the Board take testimony on accepting the Stipulated Settlement Agreement.

Mr. Bruce Duncan, Assistant County Attorney, stated that to insure due process, the Board would have to advertise and notice as to the reason that the Board was seeking revocation prior to taking said action. Mr. Duncan briefly reviewed and discussed the terms of the Stipulated Settlement Agreement which includes a limit of 100,000 square feet of day lily beds; prohibiting shipments of day lilies from said property; and prohibiting tour buses, minibuses, and commercial passenger vans. He stated that Item I. of the resolution which states, "The "Permittee" shall submit complete building plans, site development plans and operational plans and have them approved by the County Manager...", and Item J., "After establishment of the facilities, as provided herein, the aforementioned property shall only be used for the purposes named in this Resolution..." were not a part of the Stipulation Settlement Agreement. He explained that the Stipulated Settlement

Agreement was executed and presented to the Board in December and that, in the interim, the residents have decided that they no longer want to enter into the said Agreement; however, do wish to seek a revocation of the Conditional Use Permit.

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

Mr. Rick Hartenstein, Code Compliance Officer, appeared before the Board to address this issue; at which time, it was noted that Mr. Hartenstein had previously been sworn in by the Deputy Clerk. He stated that, upon reinspection of the property, his calculations indicated 104,034 square feet of day lily beds now in existence on the property, and that the site plan in the original Conditional Use Permit indicated 42,000 square feet of day lily beds. Mr. Hartenstein presented a site plan for the Board's review and comments, and testified that said site plan was the site plan that had been submitted with the Conditional Use Permit. At this time, he addressed questions presented by Mr. Richey in regard to the types of day lily beds on the property in question. He stated that he measured the existing condition and based his decision on the site plan drawing that was part of the Conditional Use Permit file. He explained that the applicant was cited for an expansion of the day lily bed without Board approval.

Mr. Thomas F. Dougherty, Jr., adjacent property owner, appeared before the Board in opposition to this request; at which time the oath was administered by the Deputy Clerk. Mr. Dougherty indicated that he moved to the area for peace and tranquility. He provided a brief history of the issue involving Mrs. Salter's violation of the Conditional Use Permit, and directed the Board's attention to a letter, dated February 17, 1995, from him in which he addresses this issue. Mr. Dougherty responded to questions presented by Mr. Richey. He stated that he and the neighbors were no longer willing to enter into the Stipulated Settlement Agreement.

Mr. Jeff Salter, representing the applicant, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Salter stated that he was a hybridizer of day lilies and participated in this adventure with Mrs. Salter. He addressed the size of the day lily beds and indicated that he was currently clearing out the front 10,000 square feet of day lily beds, which would result in less than 100,000 square feet of day lily beds. He discussed the process of hybridizing day lilies, and stated that approximately ninety-nine (99%) percent of the twenty (20) day lilies that are named and sold are mail order. He explained that the United Postal Service truck currently picks up boxes for shipment and that he would move the pickup site to property located on C.R. 439, and discontinue the agreement with United Parcel Service to provide a daily pickup. He stated that they would comply with the Stipulation Settlement Agreement as set forth and with the restrictions in the Conditional Use Permit.

At this time, Mr. Salter addressed questions presented by Mr. Duncan in regard to tour buses visiting the site, and the condition that there would be no more than two (2) workers on the property at a given time.

Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approve the Stipulated Settlement Agreement with the understanding that this was an effort to solve the problem, to be responsible neighbors, and to make good a situation that has been on-going, which clarifies and modifies the existing Conditional Use Permit for a flower plant nursery - Resolution No. 1995-99.

Mr. Richey stated that Mr. Salter would be in compliance with the Stipulation Settlement Agreement within two (2) weeks, and if not in compliance, Code Compliance would immediately site the applicant, and the case would be back before the Board for revocation.

Mr. Duncan clarified that the Conditional Use Permit would be modified to contain the terms and conditions of the Stipulation Settlement Agreement.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to amend Commr. Hanson's motion to delete Items E., F., G., and H. from the resolution, as follows:

E. Residents of Rollingwood Trail shall allow Mrs. Salter the quiet and peaceful use of her property as conditioned by CUP Permit No. 90/3/8-4 as modified by this agreement.

F. Residents of Rollingwood Trail consent to the modification contained in the Stipulation and Settlement Agreement being considered by Lake County part and parcel of said of CUP.

G. Thomas Dougherty represents he has authority to represent and agree to the Stipulation and Settlement Agreement on behalf of the residents of Rollingwood Trial.

H. Lake County agrees to consider the terms of the Stipulation and Settlement Agreement to be consistent with the CUP90/3/8-4 and shall not cite Mrs. Salter for violations of the CUP that have been modified by this agreement.

Commr. Swartz encouraged staff to review the tapes and minutes of cases of this type that come back to the Board, and explained that the Board was approving 100,000 square feet of day lily beds, which would indicate that this was over double what the Board had originally approved. He encouraged the Board to look at that issue.

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

Commr. Swartz voted "No".

PETITION NO. 27-95-4 VARIANCE FROM SECTION 9.05.08

ROBERT T. PROSSER

Mr. Greg Stubbs, Director of Development Regulations Services Division, explained that this request was for a variance from Section 9.05.08 of the Lake County Land Development Regulations to allow the driveway access from Wolfbranch Road instead of Zippo Pine Road. He stated that the Department of Public Services recommended denial of the requested variance, and indicated that the property involved has access from the easement named Zippo Pine Road, and a driveway connecting directly to Wolfbranch Road would not meet the minimum spacing requirements of Section 9.05.05 (B), Access Management.

Commr. Hanson noted that the General Location description in the backup material was incorrect and that the correct description was north on Round Lake Road and north of State Road 46.

At this time, Mr. Stubbs distributed four photographs (County Exhibit 1, 2, 3, and 4).

Mr. Don Griffey, Director of Engineering, displayed a site plan of the area on the monitor and discussed the location of the lots in the area and the location of the driveway access from Wolfbranch Road.

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

Ms. Debbie Dawsey, 1489 Overland Terrace, Lake Mary, representing the applicant, appeared before the Board; at which time the oath was administered by the Deputy Clerk. She stated that the applicant was informed that he would have access to Wolfbranch Road at the time that he purchased the property and, if they were required to access from the easement named Zippo Pine Road, it would require them to install one-hundred and fifty (150) additional yards of driveway, at a cost of approximately $3,000.00. She stated that Mr. Prosser's parcel was created out of the minor lot split, and Zippo Lane Road was in place for the larger lot split behind the property in question.

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

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Department of Public Services and denied the request for a variance from Section 9.05.08 of the Lake County Land Development

Regulations to allow the driveway access from Wolfbranch Road instead of Zippo Pine Road.

COUNTY MANAGER'S CONSENT AGENDA

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

Planning/State Agencies

Request for approval of the Seminole State Forest Resource Management Plan for consistency with the Lake County Comprehensive Plan; and authorization for the Chairman to notify the Division of Forestry via letter.

Deeds/Rights-of-Way, Roads & Easements

Request for approval of Non-Exclusive Easement Deed from MacKay, Kane, Morreale & Irani for the creation of 12 lots in AR zoning on an easement off of Grays Airport Road in Commission District 5.

Grants/Solid Waste

Request for approval for Chairman to execute the Second Quarter Waste Tire Grant Reimbursement Request for the 1995 Waste Tire Grant No. WT95-33.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

DEEDS/MUNICIPALITIES/RIGHTS-OF-WAY, ROADS & EASEMENTS

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the City of Eustis for a Non-Exclusive Easement Deed for a 15 foot utility easement across the south west corner of the fairgrounds property.

REPORTS

COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved the request for Melanie Hicks to attend the Roper Trusts v. Lake County mediation as a non-lawyer observer in order to report back to the Board of County Commissioners the outcome of said mediation.

COMMISSIONER GOOD - DISTRICT NO. 2

RESOLUTIONS/ROADS-COUNTY & STATE

Commr. Good presented a resolution in support of retaining State Road 40 as a two-lane highway and stated that said resolution incorporates the changes previously requested by the Board.

Discussion occurred in regard to said language, and it was the decision of the Board to add language as a "Whereas", which states that the proposal to four-lane State Road 40 would be inconsistent with the Lake County Comprehensive Plan and Transportation Element, and the following change was requested under Section 3: delete "which incorporates a" and insert recognizes the need for consideration which incorporates the.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved Resolution No. 1995-93 in support of retaining State Road 40 as a two-lane highway, as amended.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Mr. Paul Leatherland to the Citizens' Commission for Children, representing Commissioner District 2.

COMMISSIONER CADWELL - DISTRICT NO. 5

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously the Board approved the appointment of Mr. Tom Rosser to the Solid Waste Committee, representing Commissioner District 5.

COMMISSIONER GERBER - CHAIRMAN AND DISTRICT NO. 1

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved Resolution No. 1995-87 in support of the Surface Water Improvement and Management (SWIM) Program.

TIMES CERTAIN

WORKSHOP: COUNTY INITIATED COMPREHENSIVE PLAN AMENDMENTS

Commr. Gerber announced that the workshop on County initiated Comprehensive Plan Amendments would be postponed until April 27, 1995.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:50 p.m.

___________________________________

RHONDA H. GERBER, CHAIRMAN

______________________________

JAMES C. WATKINS, CLERK

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