8/23/1989 - Laserfiche WebLink

Home Browse Search

Doug Kindler, attorney from the law firm of Owens 8 Storch, in Daytona Beach, came before the Board representing the WW Ranch, which consists of approximately 8,000 acres west of Sebastian and has a triangular section that is commercial. He contended that the 70% figure sounds arbitrary and wished to know how it was decided upon - why is it not 68.50; why is it not 750? Director Keating commented that he would agree that whether it is between 68.5% and 70% might be arbitrary, but the general reason for 70% was to answer when is the area beginning to be used up and needs to be expanded so the normal market forces can prevail. We needed a number; it was felt that number was somewhere between 50% and 100%, and 70% was picked. Staff cannot stake their reputation on the exact number. Attorney Kindler brought up a hypothetical example of someone having a signed agreement stating that they have an industry up north that is going to move down here with 1,000 employees, and they need to begin the first phase of the project within that commercial node. He felt it is only reasonable that there be a way to come in front of the Board and not have to go through the Comprehensive Plan amendment process to change the node around. Commissioner Eggert felt the statement "or otherwise war- ranted by the proposed development," which is contained in the policy we are considering going back to, would take care of Mr. Kindler's problem. Attorney Kindler agreed, but believed that presents the question of what is the burden of proof that is required. He felt this is the time to state the criteria for that "difficult burden of proof," and noted that is why courts have different standards of "strict scrutiny, reasonableness, etc." Commissioner Bird did not know that we can develop that criteria here today, but felt at some time it should be more definitive. AUG 2 3 1989 7 boar 77 tri L-