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The issue is did Sea Oaks come in and satisfy all the require- <br />ments of the ordinances, and they did. He agreed the county has <br />an ordinance that says essentially that rules will be adopted to <br />permit the establishment of planting strips, and that is fine. <br />That is what the Management Plan is doing, and when Mr. McQueen <br />comes in and makes his presentation to the committee, there will <br />be discussion and give and take, and eventually you will come up <br />with a standard and guidelines for everyone, but the county <br />doesn't have that yet. All the county has now is an ordinance <br />that says they are going to adopt some rules, and the county has <br />had that ordinance since 1985. Sea Oaks has submitted a site <br />plan which everyone agrees is satisfactory; then as an additional <br />consideration, staff wanted a landscape plan of what will be done <br />in the buffer zone, and one has been presented by Sea Oaks. <br />Attorney Barkett displayed the plan, advising that it <br />includes $150,000 of plants, all native vegetation and it does <br />not violate any existing standard or ordinance. Staff took the <br />position that the plan did not satisfy the ordinance and they <br />then proposed a 10' opaque hedge along the edge of the road and <br />said that was what the rule should be. Attorney Barkett <br />emphasized that is not in the ordinance anywhere, and no other <br />applicant has ever been required to submit to such a condition. <br />Attorney Collins pointed out that the Resolution gives Sea <br />Oaks the option to comply with the Management Plan instead of <br />this condition. <br />Attorney Barkett agreed -that they could either comply with <br />an illegal requirement or wait and see what comes out of the <br />Management Plan, but he likened that to having a gun held to your <br />head by a highway robber. He pointed out that the P&Z decided to <br />pass this problem on to the Commission. They acknowledged the <br />rules are not in place yet, and Mr. Tippin & Mr. Brenner agreed <br />that they could not hold to standards that have not yet been <br />promulgated. <br />FEB 215189 <br />39 <br />BOOK lb F 1Jr <br />