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DEC 2 BOOK 75 Fi:cE 287 The Chairman determined that no one else wished to be heard and thereupon declared the public hearing closed. Commissioner Bird believed there was a very good presenta- tion made by both sides, and he did not know of any rezoning that has received as much input and research as this one has. He noted that he has dealt with many rezonings over the year and one of the basic principles he goes by in starting his analysis of such rezonings is property rights - the right given us by the Constitution for an individual to own, develop and enjoy his property. This developer owned this property for many years as commercial property and he is asking to retain what he has had for many years. Commissioner Bird stressed that if the facts would indicate to him that any rezoning is contrary to the public health, safety and welfare and that can be proven conclusively, then only would he agree to take away t -he property owner's rights to develop this property to its highest and best use in his opinion. It has not been clearly demonstrated to him that the present CL zoning is adverse to the public health, welfare and safety, and he personally, therefore, believed the property owner's rights should prevail. Commissioner Bird stated that he is totally opposed to mixing the traffic at the Vista Gardens entrance and believed we will have to address those concerns through the site plan process. He did agree with Mr. Brandenburg that the site is extremely well buffered from the existing residential in the area; it is bordered by commercial on both sides; and he knew of no other piece of property along U.S.1 presently zoned OCR. He did not think it is a real good place tor 10 acres of offices; it certainly is not a place tor resi- dential, and the only thing left is our most limited commercial area, which is CL. Motion offered by Commissioner Bird to deny the rezoning of the subject property from CL to OCR died for lack of a second. 36