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io • �4. 1 INDIAN RIVER COUNTY, FLORIDA , ` /33 BOARD OF COUNTY COMMISSIONERS IN RE : Application by The Pelican Island Audubon Society Incorporated for Special Exception Use Approval for a Community Center [2011090022 - 67944/ SP -MA- l2 - O5 - 09 ] ORDER ON APPLICATION FOR SPECIAL EXCEPTION USE APPROVAL On February 28 , 2012 , The Pelican Island Audubon Society Incorporated filed an application for special exception use approval for a community center to be constructed on the south side of Oslo Road , east of US 1 . The facility is proposed to be constructed on property zoned RM - 6 (Residential Multi-Family up to 6 units per acre) , a zoning district in which community centers are allowed as a special exception use . On May 31 , 2012 , the Planning and Zoning Commission voted 6 — 0 to recommend approval of the special exception use , subject to certain conditions . The matter came before the Board of County Commissioners in a quasi judicial hearing on July 103 2012 . Each Commissioner disclosed any ex parte communications , site visits or other investigations , and confirmed that he had an open mind and was able to base his decision on the evidence presented and applicable law . Witnesses were sworn , evidence was presented , parties were afforded the opportunity for cross - examination, and Commissioners were afforded the opportunity to ask questions . The County Attorney advised the Board with respect to legal matters . On the basis of the evidence presented and applicable law, the Board voted (3 — 2) to make the following findings and to approve the application for special exception use : 1 . The Board is empowered under the provisions of Chapter 971 of the IRC Code to review the special exception use application ; 2 . The granting of the special exception use will not adversely affect the public interest ; 3 . The application satisfies the general and specific criteria required for special exception use approval ; and 4 . The following conditions are adequate to ensure compatibility between the special exception use and surrounding land uses : a. Prior to the issuance of a land clearing and tree removal permit , the applicant shall provide a final tree mitigation plan acceptable to the County ' s Environmental Planning staff, and