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J U L <br />15 <br />19 6BOOK <br />65 <br />Full <br />Attorney Quinn's first concern was that <br />the discussion <br />this <br />evening seems to have centered about a 5 acre rezoning and not <br />the applicant's request for a 10 acre commercial node at the <br />entranceway. Attorney Quinn agreed that the developer has <br />enjoyed a good reputation over the years, but did not believe <br />that is reason enough in itself for granting a commercial node <br />nor did he feel the statements re the developer's intention over <br />the years of developing this commercially or the reduction of the <br />size of their request are sufficient reason to entitle the <br />developer to a 10 acre node. <br />As to the discussion re vesting, Attorney Quinn noted that <br />the County is presented with a constant parade of conceptual <br />plans of beautiful tuture developments, and if the County were <br />legally bound by every developer's conceptual plan, we would not <br />be living in the county or city we have today. He agreed with <br />the Chairman that this is a matter of timing and not a question <br />of what the developer could have done, but what is proper or <br />appropriate under today's rules. Attorney Quinn stated that he <br />had seen nothing presented that would come close to making the <br />vesting a legitimate argument. As to the argument that the <br />property is not appropriate for residential use, he noted the <br />County Commission is not in business to make sure that every <br />developer gets the highest and best use out of his property. <br />Ordinances becomes contiscatory only when they preclude all <br />"reasonable" use of the property. <br />Attorney Quinn then addressed the criteria set out for <br />determining the most valid basis for establishment of a <br />commercial node and quoted from the Land Use Element of the <br />Comprehensive Plan as follows: "All areas of commercial <br />development shall be located in a compact manner to discourage <br />strip development patterns which negatively affect the aesthetic <br />quality, safety, land use patterns and traffic handling capacity <br />of the transportation system." He noted that another element <br />speaks of the commercial and industrial growth which has <br />21 <br />