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9.A.2. PUBLIC HEARING ORDINANCE NOS. 2004-024 AND 2004-025 – REZONING 241 ACRES FROM RM-3 TO RM-6 - PETRUS VEROS LLC (FKA PRO GOLF INTERNATIONAL, INC.) AND SK VERO LLC (FKA WILLIAM MARINE)– RESTRICTIVE COVENANTS (SETTLEMENT OF LAWSUITS) (QUASI-JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Collins briefly reviewed the memorandum on pages 268-270 in the backup. He explained that the developers had filed a lawsuit against the County because they want RM-6 zoning, not RM-3 (the current zoning as a result of action taken by the Board on November 16, 2003) because RM-6 allows single-family homes with 70’ x 100’ lot sizes and that is their design concept for that area. He advised that the plaintiffs have offered restrictive covenants (in escrow) to effectively reduce the actual build-out units/acre and if the Board adopts the proposed rezoning ordinances the covenants will be recorded and would be binding on the current and future owners. In the alternative, if the Board does not amend the zoning to RM-6, Petrus Veros and SK Vero will proceed to argue the matter in Circuit Court. Community Development Director Bob Keating advised that Petrus Veros and SK Vero previously came before the Board as Pro-Golf International, Inc. and William Marine requesting RM-6 zoning, and the Board rezoned the property RM-3. He reviewed a PowerPoint presentation (copy on file with the backup) and discussed the proposed settlement, the location of each property, the purpose for rezoning, the Planning and Zoning Commission’s initial recommendation for approval, the surrounding land uses, concurrency tests are met, consistency with the Comprehensive Plan, lack of environmental impacts, compatibility, the conclusions, and staff’s recommendation for approval of the request. August 10, 2004 18