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Commissioner Macht felt staff was correct from a technical point-of-view, but the <br />public feels it is not compatible. He explained this property did not meet all the criteria when it <br />was originally considered for acquisition by the Land Acquisition Advisory Committee (LAAC). <br />He thought the property is more suitable to be zoned CL. He saw no compelling reason to overturn <br />the P & Z’s decision. <br />Vice Chairman Neuberger, Commissioner Lowther, and Commissioner Macht <br />agreed that the property should be acquired through the land acquisition process. <br />In reply to Chairman Ginn, Director Keating responded that a gas station and <br />convenience store could be built on the property and that troubled Chairman Ginn. <br /> <br />The Chairman opened the public hearing and asked if anyone wished to be heard <br />regarding this matter. <br /> <br />Bruce Barkett, <br />attorney for the applicant, advised that since the P & Z meeting his <br />client has agreed to restrictive covenant on the use of the parcels of property. He gave copies of the <br />restrictive covenant to each Commissioner for their inspection and explained the limitations to <br />which his client had agreed against his advice. The restrictive covenant will limit Lots 2 and 3 to <br />single-family and Lot 1 to OCR. This will give much less intensive use to the property. He also <br />addressed the concerns of the P & Z and BCC. (Clerk’s Note: The Restrictive Covenant has been <br />recorded in the Public Records of Indian River County.) <br />th <br />James Applegate <br />, 14445 80 Avenue, Sebastian, had met with the applicant and <br />suggested the Board proceed with caution and limit development to what is in the covenant. He <br />was opposed to townhouses. The appropriate area of the covenant was read aloud and Mr. <br />Applegate stated the agreement is now acceptable. <br />th <br />Charlene Applegate, <br />14445 80 Avenue, Sebastian, inquired whether this <br />covenant would remain in the event of a sale of the property, and County Attorney Collins assured <br />her that once the restrictive covenant is recorded it would bind any future owner(s) of that <br />property. <br />July 20, 2004 <br />12 <br /> <br />