12/11/1990 - Laserfiche WebLink

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LES 199D BOOK' PAGE d� would be okay to do that at any density that sufficiently protects the balance of the scrub. They have tried to work their problem out with the county in a constructive atmosphere and have come so close, but the Board is the final decision maker. Commissioner Scurlock stated that he personally did not buy their argument about being inconsistent with what is done in Brevard County. He noted that every time we have raised a question with DCA about their not being consistent here with what they have done in another county, we have been rebuffed very quickly. Attorney Watts stressed that those densities were implemented in Brevard County after their compliance agreement. Commissioner Scurlock wished to know if there were any significant objections in Brevard County from the environmental community, and Attorney Watts answered that there were none he was aware of. He believed their package is a good one and that it has a fair chance of success. Commissioner Scurlock asked Attorney Vitunac what the process is if the DCA hangs with where they are. Attorney Vitunac stated that while it is not crystal clear to him, he thinks the county has to stay involved because whatever action happens out of this has to be implemented by the county. He further pointed out that the plan we sent up has been challenged by Coraci, and his question is if the DCA approves the 1/21 and says it is fine with them, is it fine with our Planning staff because our staff has commented that they would prefer the 1/5 to give additional protection to this land regardless. Then it gets back to a policy decision of the Board. Attorney Watts pointed out that if the County approves the 1/21 and the DCA does not, then you may be talking about the State's checkbook in a "taking" case. Attorney Collins felt that Attorney Watts has said one thing he believes is very important and that is - what is it that we are trying to do with our regulations, and the answer is trying 88 s M M