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Chairman Scurlock asked to see a copy of the deed restriction, and Attorney O'Neill noted that there is some controversy about whether the deed restriction was modified properly. County Attorney Charles Vitunac emphasized that deed restrictions are actually private zoning and cannot be considered as public zoning because we really do not know whether they will be changed or enforced. Attorney O'Neill pointed out that the proposed zoning dovetails with the wording and the purpose of the PRO District and is a compromise to commercial encroachment. He urged the adoption of the rezoning. Chairman Scurlock wondered why Attorney O'Neill changed his mind about the neighborhood's future, since he was the one to draft the deed restriction to protect the property rights over a 30 -year period. Attorney O'Neill explained that the 30 -year provision was made to dovetail with the statutes and provide some flexibility to allow people to change their minds during the 30 -year period. Since the traffic on SR -60 has increased so drastically and the entire corner has changed so dramatically with Ryanwood being constructed there, people have come to realize that residential along SR -60 is just not a good place to sleep. Commissioner Wheeler commented that he frequently travels SR -60 in the late night and early morning hours and there is not a lot of traffic there; so, he did not feel people would have any trouble sleeping at night. Attorney O'Neill explained that one owner of property along SR -60 is having difficulty selling or renting her 3 -bedroom home because it seems that families do not want their children living next to SR -60. Chairman Scurlock felt we could debate forever the question of what type of residential is acceptable to the community and what is not. He believed that is a matter for each individual to 9 27 SEP 13 1988 BOOK .74