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MAR 71985 BOOK , 60 FnE 3 <br />Commissioner Scurlock recalled that during the DRI process <br />on this development, the recreational facilities were considered <br />for possible use in a hurricane evacuation. Since this <br />development is large enough to be considered of a regional impact <br />nature, he felt that is where it is a little bit different than <br />your average development. They looked not only at the <br />recreational facilities, but at roads, civil defense and fire <br />protection with respect to how they related to the rest of the <br />community, and he believed that is the key element to be <br />considered. why and how these improvements got placed on the <br />site plan, which was finally approved, does not matter; it is a <br />matter of what was submitted, considered, and approved by the <br />Planning & Zoning Commission. <br />Attorney Brandenburg stated that the recreational <br />requirements sought to be deleted are not mentioned in the DRI <br />and are not part of the developmental order. He emphasized that <br />when a zoning ordinance is adopted, it sets up basic criteria <br />which must be applied uniformly to everyone; you cannot require <br />certain individuals to come in with recreational structures that <br />you do not require of individuals in similar projects. The <br />County Attorney was of the opinion -that if the applicant had come <br />in without showing any of these improvements, i.e., the gazebo, <br />boat docks, walkways, he would have met the requirements of the <br />ordinance and would have been able to obtain site plan approval <br />through the zoning code as a result of it. <br />The developer opted to build these amenities and had to show them <br />on the site plan, but the County does not have the authority to <br />force him to build these items and Attorney Brandenburg believed <br />that, in all likelihood, the.County would lose a law suit in that <br />regard if one were instituted. <br />Commissioner Bird realized that there is a certain psycho- <br />logical advantage to the developer to put some additional <br />amenities on a site plan as it tends to impress the staff, the <br />Planning & Zoning Commission and the Board of County <br />27 <br />M M M <br />