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penetrating into the conservation area for a limited residential <br />development in a village type concept, perhaps 20 acres being <br />developed out of each 100 acres. That's the same size <br />disturbance staff has been talking about, and Mr. Watts stressed <br />that once you agree that you are going to leave, after taking'out <br />roads, 70/750 of this land intact so that you can preserve the <br />functioning system, it really doesn't make any difference what <br />you do with the rest of it in terms of density. It doesn't <br />really matter if you have a total of 120 units or 240 units; if <br />it is okay to disturb 120 acres, then it is okay to disturb 120 <br />acres. He felt that if we are looking at saving the scrub, what <br />we ought to be talking about is what percentage of the scrub do <br />we have to leave intact and connected in order for it to serve <br />its function. <br />Attorney Watts continued that if they are at 1/40 and no AG <br />permitted on that land, you either have these million dollar lots <br />40 acres in size running down to the river, or they have got a <br />"taking" problem on their hands. He noted that "taking" results <br />one of two ways - either you deny any economically viable use of <br />the land or you impose a regulation on the land that is not <br />rationally related to the goal you are trying to reach. First of <br />all, he contended that the reduction of 1/40 and not allowing any <br />AG use of the land doesn't give you much you can do with the land <br />economically. You can't put roads through to County standards at <br />that low a density and also it is not feasible to run fire <br />trucks, school buses, etc., out through that.kind of sparse <br />se.ttlement.. That is what compact settlement is all about, and it <br />is particularly ironic if you are running all the way up into <br />Brevard County where you have a different density. As to the <br />other aspect of whether the regulation is rationally related to <br />what you are trying to protect, they think the package they have <br />come up with rationally protects the river and do not think the <br />change in density from 21 to 5 has any rationality to support it <br />because once you concede it is okay to disturb 120 acres, it <br />DEC111990 87 <br />[Roar F,�t <br />