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DEC <br />BOOR 75 FAGS 275 <br />good zoning theory and that it will create more problems for the <br />county and residents than if it were left alone. Attorney <br />Brandenburg reviewed the history of the subject property in <br />detail, contending that as far back as records show, this <br />property always has been zoned commercial. He referred to the <br />adoption of the Comprehensive Use Plan and how when the developer <br />subsequently asked that the Commission designate ten acres as <br />Commercial, they designated 20 acres instead. He described in <br />detail how the developer, in reliance on the Commission's action, <br />then put in Vista Villas to serve as a buffer for the commercial <br />and built a very expensive wall down the middle of the property <br />to totally separate that area. <br />Mr. Brandenburg continued that the owner then searched for <br />someone to develop the commercial property, and that individual <br />presented a plan that no one liked, which plan was denied and is <br />in court today. He felt the reason they are here today was <br />because of overreaction to a site plan that no one liked. He <br />believed it is clear that everyone recognizes this front property <br />should not be residential but should be either CL or OCR and the <br />only issue is whether there is really a difference in the two <br />zoning categories that would affect the decision. They feel <br />there is not and urge the Commission to leave it alone and allow <br />it to come back with an appropriate site plan. Attorney <br />Brandenburg pointed out that back in March of 1988 when the <br />entire 19 acre site was submitted for site plan approval, staff <br />analyzed it under all the county ordinances and indicated it met <br />all the requirements; so, it is difficult now to imagine that a <br />commercial project half that size at much less intensity will run <br />afoul of the Comprehensive Plan requirements and ordinances, and <br />it does not, in fact, do that. <br />Mr. Brandenburg then addressed the drainage issue, stressing <br />that if the property all went to residential that would not help <br />the drainage situation and contending that the flooding situation <br />resulting from Hurricane Floyd in 1987 related to the completion <br />24 <br />