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Commissioner Lowther stated the Board needs to have our Comprehensive Plan updated <br />because developers are coming to us under rules and regulations laid down years ago. <br />Commissioner Ginn asked what would be the consequences if the Board denies the <br />developer their request. <br />Attorney Collins explained they would have to show that maintaining the existing zoning <br />accomplishes some legitimate public purpose. In order to deny the request, the Board would have <br />to show some substantial evidence on the record to support their decision arbitrary to deny the <br />rezoning. <br />Commissioner Lowther reminded the Board that they had the same discussion two weeks <br />ago. The request is in compliance with the Comprehensive Plan and until the Plan is changed they <br />have nothing to support a denial. <br />Commissioner Ginn reiterated her earlier comment that until 4th Street is paved through to <br />98th Avenue they have the right to deny the request. The Comprehensive Plan is not <br />accomplishing what the Board wants. <br />Attorney Barkett stated the Board does not have any testimony to show that there is a real <br />problem. What they do have is testimony that the traffic impact analysis that was developed <br />supports the application. He told the Board the Comprehensive Plan was purposely designed to <br />leave agricultural districts "as is" and to rezone them when the demand existed. <br />Robert Adair, 7060 33rd St., Director of Vero Beach Research Station, agreed our current <br />Comprehensive Plan has limitations. He was concerned about compatibility issues and cautioned <br />against having farms next to housing projects. There are existing problems with complaints of the <br />noise, odors, and spraying at night which is done to avoid spray drift. He asked the Board to table <br />this item or impose a moratorium, and put all applications on hold until they revisit the LDRs. <br />Renee Renzi suggested they modify the rezoning request to 1 -unit per acre. <br />Brian Heady, Vero Beach, thought future water shortages are created every time a new <br />development is approved. <br />DECEMBER 16, 2003 14 <br />