9/1/1981 - Laserfiche WebLink

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SEP 1 1991 WALKER-RUSSELL PROPERTY LYING;IN GOVERNMENT LOTS 1, 2 & 3, SECTION 2LE-32S-39E, ON THE EAST SHORE�OF THE INDIAN RIVER. THIS LAND HAS A LINE DRAWN DOWN THE EAST SIDE OF IT DESIGNATED ENVIRONMENTALLY SENSITIVE, AND ATTORNEY COOKSEY REQUESTED THE FOLLOWING LETTER TO THE PLANNING DEPARTMENT BE MADE A PART OF THE RECORD. "PURSUANT TO OUR CONFERENCE OF YESTERDAY, JULY 30, 1981, IN RE THE VIRGINIA WALKER RUSSELL RIVERFRONT LAND WHICH LIES JUST SOUTH OF THE NORTH RELIEF CANAL ON THE WEST SHORE OF THE INDIAN RIVER, MY UNDERSTANDING WITH YOU IS AS FOLLOWS: (1) THAT THE LINE SHOWN AS "ENVIRONMENTALLY SENSITIVE" IS AN UNDEFINED LINE HAVING NO DEPTH AND IS ONLY APPLICABLE WHERE SALT MARSH OR MANGROVE ACTUALLY EXISTS. (2) THERE HAS BEEN NO SURVEY OF SPECIFIC LANDS TO DETERMINE IF THEY ARE "ENVIRONMENTALLY SENSITIVE" AND EACH TRACT OF LAND WILL STAND ON ITS OWN MERITS. (3) THAT THE "ENVIRONMENTALLY SENSITIVE" DESIGNATION IS NOT DESIGNED TO APPLY TO ANY SPECIFIC LANDS AND DOES NOT HAVE ANY ADVERSE AFFECT ON THOSE LANDS UNLESS MARSH OR MANGROVE CONDITIONS ACTUALLY EXIST. 11 ATTORNEY COOKSEY NOTED THAT IN SHORT WHAT THEY ARE SAYING IS THAT THIS ENVIRONMENTALLY SENSITIVE ORDER WAS PUT ON THE LAND WITHOUT ANY SURVEY, AND THEY WOULD LIKE CONSIDERATION TO TAKE THIS DESIGNA- TION OFF UNTIL THERE IS AN ADEQUATE SURVEY BASIS ON WHICH TO PREDICATE SUCH DESIGNATION. THIRDLY, ATTORNEY COOKSEY REPRESENTED INDIAN RIVER FLYING SERVICE - MESSRS. ORTH & LYSNE, OWNERS OF THE OLD HIBISCUS AIRPORT PROPERTY. THIS WAS FORMERLY AN 80 ACRE INDUSTRIAL TRACT WHEN IT WAS IN THE HIBISCUS AIRPORT; SUBSEQUENTLY THEY AGREED TO HAVE THE SOUTH SIDE REZONED TO RESIDENTIAL AND THEY RETAINED A 17 ACRE TRACT ON THE SOUTH SIDE OF 8TH STREET FOR A FUTURE CONVENIENCE SHOPPING CENTER FOR AREA RESIDENTS. UNDER THE APPLICABLE DESIGNA- TIONS IN THE TEXT OF THE LAND USE PLAN, THIS WILL COME UNDER NEIGHBORHOOD COMMERCIAL WHICH IS LIMITED TO 8 ACRES. THEY RESPECTFULLY REQUEST THAT THE BOARD GIVE CONSIDERATION TO EXPANDING THE DESIGNATION OF NEIGHBORHOOD COMMERCIAL TO INCLUDE A TRACT OF I