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Chairman Macht commented that would make a very interesting court case. <br />Planning and Zoning Commission Chairman David Cox, 9495 Periwinkle, said he had been <br />thinking about specific instances where we can get measurable benefits. He feels we need to find <br />a balance between the measurable benefits and the costs involved. <br />Chairman Macht was in agreement with Mr. Cox. In the past they have taken staffs <br />recommendations wholesale and he believed the Commissioners need to compare the differences <br />and look at the details more objectively. <br />Joseph Shulke, Consulting Engineer, was present with the developer, Mr. Joseph Paladin. <br />He handed out copies of his PowerPoint presentation (copy on file with the backup). He tried to <br />quantify the benefits of their project: it would provide preservation of uplands and free right-of-way <br />and drainage along 581h Avenue. <br />Joseph Paladin, President of Atlantic Coast Construction & Development, Inc., told the <br />Board that he was willing to give up one-third of his profit in order to get this PD rezoning <br />approved. <br />Planning and Zoning Commission (P & Z) member Donna Keys, 725 Lakeport Drive, <br />Sebastian, said in fairness to Mr. Shulke and the developer, she had voted to deny their request <br />because one of the special benefits from this project was the drainage right-of-way for the widening <br />of 581'' Avenue. The P & Z found out a few hours before the meeting that it had been decided not <br />to widen 581h, negating any special benefits. She would have changed her vote if he had offered the <br />left turn lane at the meeting. <br />The Chairman asked if anyone else wished to be heard regarding this matter. There being <br />none, the Chairman closed the public hearing. <br />ON MOTION by Commissioner Lowther, SECONDED by Commissioner <br />Adams, the Board unanimously granted special exception use and <br />conceptual PD plan approval, including the requested waivers, and granted <br />preliminary PD plan/plat approval with the following conditions: 1) Prior <br />to the issuance of a land development permit, the developer shall obtain <br />planning staff approval of detailed, final landscape plans for the proposed <br />buffers, common areas, and recreation/park tracts; 2) Prior to or via the <br />final plan process, the applicant shall: a. establish, conservation easements <br />June 3, 2003 10 <br />