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the staff condition the applicant is not in agreement with is <br />that revisions be made to the landscape plan of the entire buffer <br />area so that what was applied to River Villas would be applied to <br />this as well. The developer's contention is that their landscape <br />plan is already approved and that is not open to discussion with <br />this proposal. Staff's position is that there have been changes <br />so that the parking area is now closer to the Trail, and this <br />makes a difference. <br />Commissioner Eggert noted that, in other words, staff is <br />saying they want currently planted landscaping to be beefed up to <br />equal what we approved for River Villas with the addition of the <br />Eugenia type bushes in the areas where there is open ground <br />cover, and this was confirmed by Planner Boling. <br />Commissioner Scurlock asked the County Attorney if we have <br />the legal ability to do what staff is requesting. <br />Attorney Vitunac stated that in his opinion it is question- <br />able. Staff is contending that some of the factors of the new <br />application have some impact on the former site plan, and if the <br />Board feels strongly that they wish to uphold staff's position, <br />we will fight for it. He advised that Attorney Collins, however, <br />has expressed the opinion that we do not have the right to go <br />back and look at the original site plan that was approved because <br />this application does not affect that. <br />Commissioner Scurlock wished to know if anyone has taken <br />time to associate some cost figures with the additional <br />plantings, and Planner Boling replied that staff has not gone <br />into that. <br />The Chairman asked if anyone present wished to be heard. <br />Attorney Bruce Barkett came before the Board representing <br />Sea Oaks. He agreed that staff has identified the issues <br />correctly, and he would like to clarify them and illustrate them <br />graphically. Attorney Barkett referred to a drawing and advised <br />that, the site plan area of development that was approved in May <br />of last year was delineated by a line showing the specific area <br />APR 1 8 1989 <br />31 <br />eooK r t FAT. 620 <br />