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r �r BOOK 45 PxA90 I understand that Pat is going to report back to the Commission on Vlednesday. While I am aware that the Board does not like to hear any unscheduled items, I would like to have some time to address the County Commission on Wednesday concerning this. Jim Clark will make arrangements to be at the Commission meeting in order to explain to the Board Florida Land's posi- tion on this matter. Kindest regards, JONES, FOSTER & MOSS By Steve L. Henderson kfw Hand Deliver ATTORNEY HENDERSON CONFIRMED THAT THEY WILL REZONE THE PROPERTY TO R -2B AND REQUESTED THAT THE COUNTY START PROCESSING THEIR APPLICATION CONDITIONED UPON SUCH A REZONING AND WITH THE ASSURANCE THAT THE DEVELOPER IS PREPARED TO SUBMIT ANY REASONABLE IMPACT INFORMATION THE PLANNING & ZONING COMMISSION WOULD WANT. HE FURTHER CONFIRMED THAT IF THE APPLICATION IS STARTED IN THE PROCESS AND THE DEVELOPER HAS SOME REASONABLE ASSURANCE THAT THE DRI ISSUE WOULD NOT BE RAISED AGAIN, THEY WOULD STOP THE LITIGATION AGAINST THE COUNTY. DISCUSSION FOLLOWED REGARDING AN OVERALL DENSITY OF H UNITS PER ACRE, AND ATTORNEY HENDERSON STATED THAT MR. CLARK, PRESIDENT OF FLORIDA LAND COMPANY, HAS INDICATED THAT AS ACTUAL DEVELOPMENT TAKES PLACE, THIS MAY BE CHANGED TO AN EVEN LESSER DENSITY. MR. CLARK DISCUSSED THE DENSITY CAP, NOTING THAT BENT PINE IS A GOOD EXAMPLE OF MARKET PLANNING CONDITIONED ON ZONING, AND IT HAS EXACTLY THE SAME DENSITY AS A PORTION OF THIS PROJECT. HE NOTED THAT ONE OF THE PROJECTS THE BOARD APPROVED TODAY HAD A DENSITY OF ABOUT 1.8 IN AN AREA WHERE 8 WAS ALLOWABLE. MR. CLARK EXPLAINED THAT THEY WOULD LIKE TO KEEP FLEXIBILITY IN ORDER TO BE ABLE TO HAVE MORE UNITS IN ONE AREA THAN IN ANOTHER POSSIBLY, AND POINTED OUT THAT THIS FLEXIBILITY IS NEEDED BECAUSE THE BEACH PROPERTY IS VERY EXPENSIVE, AND ALSO, THE ENVIRONMENTAL CONSIDERATIONS RELATING TO THE RIVERSIDE AND THE BEACH ITSELF WHICH TAKE UP EVEN ADDITIONAL SPACE MUST BE TAKEN INTO CONSIDERATION. 70