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subdivision, he can remove that restriction without anyone's <br />approval. <br />Attorney Henderson explained that in the Vista Royale case, <br />they gave the property owners association the right to amend it, <br />and in this case, they could give the County Commission the right <br />to amend it. <br />Attorney Barkett emphasized that if you make a rezoning <br />contingent upon that, then it becomes contractual, but Attorney <br />Henderson pointed out that in this case the covenant is <br />conditional to the zoning. <br />Attorney Barkett still maintained that if removal of the <br />covenant would be up to the County Commission, it would be <br />contract zoning. <br />Attorney Henderson felt Mr. Grail should go ahead and record <br />the deed restriction while the request is being reviewed by the <br />State. <br />Commissioner Lyons felt we should maintain a status quo on <br />the land use along that corridor until we establish a limited <br />access traffic plan for the area. <br />Robert Keating, Director of Planning & Development, <br />emphasized that the Board does not necessarily confer any kind of <br />approval by agreeing to transmit a proposed land use amendment to <br />the State for their review. <br />ON MOTION by Commissioner Bird, SECONDED by <br />Commissioner Bowman, the Board by a vote of <br />3-2, Commissioners Lyons and Scurlock dissenting, <br />authorized staff to transmit this request to the <br />DCA for review in order to give Mr. Grall an <br />opportunity to prepare documentation to bring back <br />to the Board for further consideration. — <br />29 <br />OCT 2 11985 <br />LL <br />BUOY �b F' �E:.,9,.40 <br />