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Commissioner Ginn expressed concern regarding the open space and the stormwater area. <br />She felt the map appeared to be very congested. <br />Director Boling explained that the location of the open space is primarily around the <br />perimeter. He said the limitation is no more than 30% credited to open space that can consist of <br />stormwater lake area. The proposed open space is 37.6%. <br />The Chairman opened the public hearing and asked if anyone wished to be heard regarding <br />this matter. <br />Attorney Michael O'Haire, O'Haire, Quinn, Chandler and Casalino, represents the <br />contract seller of the property, the Knight family. He felt they are entitled to what they are asking <br />for and that it is not an unreasonable request based on the other developments in the area. He urged <br />the Board to grant the request to spare the Knight family from playing games in the judicial <br />system. <br />John Moore, 2705 Whipperwill Lane, representing the Harbor Retirement Associates, <br />wanted the Board to focus on the extremely low traffic impact that an assisted living facility <br />generates and stated that the traffic study results indicate at peak hours the traffic load is only 15 <br />trips per hour, which is equivalent to 2 1/2 single family units per acre. He added that Indian River <br />Boulevard is four lanes with a median. All the criteria are met and this would be a nice addition to <br />the community. For contractual reasons he asked the Board to couple their vote for the rezoning <br />and the special exception use. <br />Attorney Collins clarified that the motion would be to approve rezoning and special <br />exception or deny both as a unit. <br />Robert Johnson, 535 39th Court SW questioned why this particular rezoning shows traffic <br />flow when several weeks ago on 43rd Avenue and Oslo Road they were not permitted to have a <br />diagram giving the traffic flow or the bridge destination. <br />Director Keating explained that a special exception use has to be approved by the Board, <br />and in that case Board approval was not required. Once the property is rezoned the developer can <br />DECEMBER 16, 2003 23 <br />