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9.A.3. PUBLIC HEARING – ORDINANCE 2004-033 – JEANNETTE M. LIER TRUST – REZONE 20.48 ACRES FROM A-1 TO RS-6 RS-3 AND 3.4 ACRES FROM A-1 TO CON-2 (RZON 2004 020120) (QUASI-JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (CLERK’S NOTE: 39 Letters in Opposition to the Lier Project are on file with the backup for today’s meeting.) Community Development Director Bob Keating used a PowerPoint presentation to review the project (CLERK’S NOTE: Copy of PowerPoint presentation and copies of site plans are on file with the backup for today’s meeting). He noted that this property abuts the Indian River Lagoon on the west and CR-510. The purpose of the rezoning is to develop the property while protecting the estuarine wetlands. The Town of Orchid to the north of this property is a very low density area. An environmental survey shows that 3.4 acres are estuarine wetlands and have to be zoned CON-2 which is the proposal. There is also some possible archeological significance which may come to light when the time for development arrives. There are 50-foot shoreline buffer requirements. Also, the applicant has made a change since the P&Z meeting due to concerns raised at that meeting. The applicant has voluntarily agreed to deed restrict the property to 3 units per acre which effectively puts a density cap in place. The applicant has prepared and executed that restrictive covenant which will be recorded in the public records if the project is approved. Commissioner Macht questioned why the applicant did not rezone to RS-6 and do a PD, and County Attorney Will Collins responded that the terms of a PD are totally discretionary with the Board while there is no commitment from the Board to approve the design. Commissioner Neuberger questioned whether the calculation includes the conservation lands, and Director Keating responded that it does not. If the developer went with a PD, he could get an allowance for 1 unit per acre. Commissioner Neuberger asked Dave Jakubiak, the Town Manager of the Town of Orchid who was in the audience, whether he had seen the names of those residents who are opposing the project. OCTOBER 19, 2004 14