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r <br />acox 53 PAGE y 7 <br />8. The Indian River County Land Use Plan provides "Projects that <br />have received subdivision approval, if necessary under the <br />Zoning Code, and site plan approval, if necessary under the <br />Zoning Code, at the date of adoption of this plan shall be <br />considered to be in conformity with the plan. Projects which <br />have been developed in phases, as shown on -the development <br />approval, by single developer on contiguous property which have <br />received subdivision and site plan approval, if necessary under <br />the Zoning Code at the date of adoption of this plan shall be <br />considered to be in conformity.with this plan." <br />Consequently, for those lots that have received site plan approval <br />and upon which construction has commenced may proceed to complete <br />the number of units shown phased on the approved site plan. <br />Those units that have not received site plan approval or who have <br />received site plan approval and such approval has expired without <br />any construction having commenced would have to comply with the new <br />Land Use Plan density designation which in this case is MD -2 or 10 <br />units per acre, unless this Board or a court of competent juris- <br />diction determines that the landowners have acquired vested rights. <br />Depending upon the square footage of the lot in question this would <br />have the effect of reducing the number of units allowed upon the <br />unbuilt lots. <br />The Comprehensive Plan further provides: <br />"Section III VESTED RIGHTS. Nothing contained herein shall be <br />construed as affecting validly existing vested rights. It <br />shall be the duty and responsibility of the applicant alleging <br />vested rights to affirmatively demonstrate the legal requisites <br />of vested rights. Rights shall vest upon a demonstration, to <br />the satisfaction of the Board of County Commissioners of Indian <br />River County, that the applicant; <br />1. 'Has reasonably relied in good faith, <br />2. Upon some act or omission of the County, <br />3. Has made a substantial change in position or incurred <br />extensive obligations and expenses to their detriment. <br />"The mere'existence of zoning or other development order, as <br />defined in Florida Statutes 163.3161, et. seq., contrary to the <br />Comprehensive Plan shall not be.determined in and of itself to <br />vest rights." <br />If the Board determines that this project meets the vested rights <br />requirements of the ordinance, it would allow the owners of the <br />lots to complete the project as originally proposed in 1978. <br />.N <br />Respe ,fully submitted, <br />c <br />G, r M M. Brande g <br />