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DEC 111990 6'2 FAGE 02,0 <br />that the Minutes of the P&Z meeting show considerable discussion <br />about not intensifying any of the zoning because a portion of <br />this property was proposed for purchase under the CARL Program. <br />Court rulings consistently have been that you can't use zoning <br />powers to depress the value of a property that government may <br />later go in and condemn, and he felt it is very important that <br />any decision the Board makes on this property shouldn't have <br />anything to do with the fact that it is on the CARL list. This <br />property should get a fair consideration and be given the <br />designation the Board feels is appropriate given all the factors. <br />Attorney Collins stressed how 750 of the vegetation could be <br />preserved through cluster development, and he believed their <br />proposal is well thought out and fair. <br />Attorney Vitunac at this time asked Attorney Collins if we <br />have any unanswered questions we need to have Director Keating or <br />Planner DeBlois answer, and upon learning that we do not, advised <br />that he believed staff recommendation covered every aspect <br />discussed in the County Attorney's office over the'week to ensure <br />that our Plan was not a violation of the rights of the Coraci <br />people. Attorney Collins comments on tying the CARL Program in <br />are designed to protect the County because there have been <br />letters sent to the County Commission from certain groups which <br />want us to keep.the zoning low so it can be acquired, and Attor- <br />ney Collins is absolutely correct that those are two separate <br />issues as far as the action today is concerned. <br />Commissioner Scurlock asked Director Keating once again to <br />establish what differentiates this particular property from other <br />similar properties in the county, and Director Keating cited the <br />size of the property; the ecological diversity there; the fact <br />that it is adjacent to the river and wetlands; the threatened <br />and/or endangered species found there; and the fact that it is <br />not in the urban service area. <br />Commissioner Bird expressed his feeling that there is a <br />certain amount of "pulling it out of the air" as far as the 1/5 <br />82 <br />