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Community Development Director Robert Keating advised that <br />this a request just to change the Comp Plan. The zoning is in <br />place and would not need to be changed. He recapped that when this <br />land use amendment was transmitted to Tallahassee last November, <br />statements were made by staff of the Fellsmere Farms Water Control <br />District,' their consulting engineer and County Public Works <br />Director Jim Davis expressing concern about redesignating the <br />subject property given the infrastructure deficiencies which exist <br />on that particular tract. At the transmittal hearing in November, <br />1991, staff recommended approval of transmittal with the <br />recommendation that the Board direct staff to work with the <br />applicant and try to structure an amendment to the LDRs that would <br />require this particular applicant to make infrastructure <br />improvements with the lot splits. After transmittal, staff worked <br />extensively with Public Works staff and the County Attorney's staff <br />and met with the applicant a number of times on several options to <br />resolve the situation. We encouraged the applicant to establish a <br />property owners' association and a deed restriction as we felt <br />those legal documents could be structure and held in escrow by the <br />applicant's attorney or the County Attorney's staff and recorded <br />upon approval of this request. The problem we had in dealing with <br />the applicant's attorney in this particular situation is that we <br />could not get to the point where there were adequate provisions or <br />guarantees that roads would be created or upgraded and maintained <br />and that those provisions would be put into the legal documents. <br />That is the- major reason why staff is recommending denial. <br />However, staff does feel we have resolved most of the DCA's <br />objections to this Comp Plan amendment. <br />Chairman Eggert opened the Public Hearing and asked if anyone <br />wished to be heard in this matter. <br />Attorney Bruce Barkett, representing Albert Kahn, gave a brief <br />recap of the history of this land -use amendment request, recalling <br />that at the transmittal meeting, it was felt that the best approach <br />to solving the infrastructure concerns would be for the applicant <br />to create road access easements with a property owners' association <br />responsible for maintaining them through assessment and lien <br />powers. He reviewed his letter to the Board dated May 4, 1992: <br />103 <br />