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and presented staff's recommendation that the Board grant Buildex, Inc.'s appeal and approve <br />the rezoning request by adopting the proposed Ordinance. <br />Commissioners sought and received from staff further information regarding the setback <br />distance and the buffering requirements; the size of the Buildex, Inc. parcel; what specific <br />automotive -related uses are permitted in the CN District; whether other parcels might be affected <br />by the proposed LDR change; and whether the rezoning would affect the nearby mobile home <br />park. <br />County Attorney Alan Polackwich advised Board members that, pursuant to the Courts, <br />the decision to amend the LDR's to change the criteria of the CN node minimum separation <br />distance, must be rationally related to a legitimate purpose, such as health, safety, and public <br />welfare. <br />Attorney Bruce Barkett, representing George Beuttell, proffered arguments in support <br />of the rezoning, stressing that any developer of the property must receive final approval of the <br />architecture from Adult Communities Total Services, Inc. (ACTS), due to a restrictive covenant <br />enacted when ACTS sold the property. <br />John Dean, Architect, presented arguments supporting the proposed rezoning, <br />emphasizing that it would not be detrimental to the adjacent neighbors. <br />The Chairman called a break at 10:30 a.m. and reconvened the meeting at 10:42 a.m., <br />with all members present, with the exception of County Administrator Joseph Baird, who <br />rejoined the meeting at 10:54 a.m. <br />Attorney Gregg Casalino, representing Indian River Estates East Neighborhood <br />Association, Indian River Estates West Neighborhood Association, and ACTS, provided the <br />following documents (on file) for inclusion in the official record: (1) Signed petition containing <br />signatures of over 500 neighbors; and (2) Letters of opposition to the rezoning sent from ACTS <br />17 <br />October 5, 2010 <br />