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M <br />TO <br />.990 15:47 FPOM 9042387003 TO <br />COBB COLE 0 BEI.. <br />William G. Collins, II, Esquire <br />Page 2 <br />September 26, 1990 <br />14075679323 P.02 <br />14075679323 P.03 <br />We suggest that the County consider a plan amendment, <br />establishing a third classification of conservation lands to <br />include the xeric scrub community found principally on the Coraci <br />lands. As noted in the CARL report on these lands, they are <br />physically suitable for development, but appropriate care needs to <br />be taken so that the river is buffered, the banks are kept in a <br />natural condition free from erosion or potential pollution, and <br />such threatened species as the manatee or the eagle near the San <br />Sebastian Springs development are appropriately buffered. <br />Once those public goals and, policies have been achieved, we <br />believe that there is no basis in the data for classifying this <br />land differently from the portion of the riverbank which lies in <br />Brevard County, and that portion at the upper reaches of the river <br />which lie in the San Sebastian Springs development within the City <br />of Sebastian. These adjoining jurisdictions have classified the <br />western bank for development at a density of at least one unit per <br />2h acres. <br />in order to be consistent with these jurisdictions and at the <br />same time offer the County an option which is more likely to be <br />acceptable to the Department of Community ,Affairs than the <br />transmission draft, we offer to compromise our claims so long as <br />we can reach agreement at the same time as the other plan <br />amendments are being processed for the Compliance Agreement. we <br />accordingly propose a gross density of one unit per 2h acres, which <br />shall be subject to internal or external transfers and clustering <br />so as to achieve the public goals of protecting the river and <br />protecting the threatened species and habitat. This density <br />affords a natural step-down from the adjoining municipality to the <br />east and the Vero Lake Estates area to the south, to the x:5 <br />densities on the agricultural area further west. The density is <br />also flexible enough for creativity in protecting the river and the <br />native scrub community. <br />We are mindful of the desire of the County and of the state <br />agencies to acquire some part of the dwindling amount of xeric <br />scrub community in Indian River County. Our primary concern is <br />that the County, with some pressure from the Department of <br />Community Affairs, has adopted a land use classification which <br />unnaturally suppresses the value. of land as to which public <br />acquisition is desired. The decision in the DOT right of way <br />reservation case, and the more recent decision of the U.S. Court <br />ill90101101 <br />E <br />25 <br />F,. <br />