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,JAN 26 19-6 <br />BOOK 70 raGE 688 <br />Chairman Scurlock assumed that when the final decision is <br />made at the public hearing, one of the considerations would be <br />whether we would be creating a non -conforming use. <br />Attorney Vitunac explained that it would be a non -conforming <br />use if the shopping center exists at the time the rezoning is <br />heard, and the Board may wish not to adopt the zoning. It really <br />is a good faith race on the County's side to protect the public <br />interest without violating the property rights of this developer. <br />Director Keating advised that we approve 50-60 major site <br />plans a year, but there have been site plans where nothing has <br />happened after they were approved. <br />Attorney Vitunac stated that if the developer vests his <br />right to develop the property in the way that is adverse to the <br />public good, and if we are not going to rezone in time to save <br />and protect the public good, we can use eminent domain and <br />purchase his rights at fair market value. That would be <br />expensive, but that is what is required by the Constitution. <br />Therefore, if the County and the people are sincerely interested <br />in protecting that property, there is a way to do it. It is not <br />beyond our power to save those trees. The question is do we save <br />them by rezoning or by purchasing them. <br />Attorney Bruce Barkett, speaking on behalf of the Vista <br />Civic Association, advised that their members reside both in <br />Vista Gardens and Vista Royale, which have a total number of 2100 <br />units. He wished to first address the staff recommendation of <br />1983, which was not to amend the Comp Plan. Staff pointed out at <br />that time that the land use element of the Comp Plan discourages <br />strip commercial development along arterial streets because it <br />provides an inefficient use of land and causes the following <br />problems: traffic safety, inadequate parking facilities, <br />proliferation of signs and overhead wires, and, aesthetically, an <br />unappealing design. If this 20 acres is developed as one <br />commercial project, there would be strip commercial beginning at <br />Perkins Restaurant and extending all the way north to Indian <br />30 <br />