06/20/2006 (3) - Laserfiche WebLink

Home Browse Search

Director Boling also reviewed the four areas in which the Board needs to make findings. Roland DeBlois, Chief of Environmental Planning, indicated the subject wetland is Mangrove Swamp and is diked off from the river. Richard Torpy , attorney, 202 N. Harbor City, Melbourne, represented applicants in this issue. Mr. Torpy He disagreed with Staff’s decision that the area is C-2. contended the area is RS-1. He proceeded with a lengthy presentation, complete with maps and county code quotes, explaining his interpretation of the Future Land Use Map and how he arrived at the conclusion that this area has a designation of RS-1. Director Keating explained if a property is in estuarine wetlands, then it automatically is Mr. Torpy designated Con 2. disagreed with this point also. Mr. Torpy Director Keating and continued with much more discussion. Commissioner Wheeler expressed concern over developers buying property and then trying to change the plat. He felt this was going to happen repeatedly. Director Boling reminded everyone that Conservation Element Policy 5.4 says all estuarine wetland habitats shall be deemed environmentally sensitive and designated C-2 on the Comprehensive Plan Future Land Use map. County Attorney Collins read from F.S. 163.3194, which declares the legal status of the Comprehensive Plan. ON MOTION by Commissioner Wheeler, SECONDED by Chairman Neuberger, the Board unanimously: 1.found that the Planning and Zoning Commission’s decision to deny the preliminary plat did not fail any of the 4 areas outlined in LDR section 902.07, and 2.denied the appeal and denied the appellant’s request for preliminary plat approval for Pelican Bay Phase II, based on the applicant’s failure to meet applicable C-2 and Con-2 density requirements and failure to minimize impacts to June 20, 2006 18