6/18/1991 - Laserfiche WebLink

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I 3 Is, nq'l BOOK OJ FAU. While it is possible and legal to make a change, he felt it would be difficult. Assistant County Attorney Collins advised the important distinction to be made is that, while the Board has the power to make changes, it would be a breach of the remedial agreement, and any change sent to DCA should be based on proper data and analysis. All these amendments have gone through heavy research, and if we send an amendment with no facts and figures to support it, DCA is very well within their power to say, "You haven't provided any support or justification for that change." Commissioner Scurlock asked Mr. Feldman if he is prepared to present substantial evidence. Mr. Feldman stated the main crux of his argument was going to be that the boundary on Kings Highway is an artificial boundary created by the street as opposed to using good sound land planning. Mr. Feldman questioned what he felt was an arbitrary decision of the DCA which places a designation of agriculture on his property while the property on the other side of the street has three units per acre, property to the north is six units per acre and west of the agriculture is also three units per acre. He believed this has forced the Commissioners to use mathematical calculations to appease the DCA. He further contended this is the first time he really has had the opportunity or personally received notice and he wanted to preserve his property designation of rural zoning at one unit per acre, which he felt was a good concept. Commissioner Eggert recalled arguing the issue of that service area in previous public hearings, and Chairman Bird remarked that it was a very difficult area to deal with, affecting hundreds,, if not thousands of acres. Mr. Feldman was not suggesting in any way that the Commission has singled him out but was simply trying to argue his best argument so the record would reflect whether the Commission is willing to consider any arguments at this time and whether the argument would be meaningful in light of this petition. Assistant County Attorney Collins addressed Mr. Feldman's reference to the question of notice. He stated the County did comply with the Notice requirements of Florida Statute 163.3184, Subsection 15. Because the whole County is affected by this change we are required to publish a map in a quarter page ad. To call out each and every piece of property that is being affected is almost meaningless because agriculture densities are being changed throughout the County and development is being clustered to fulfill the requirements. 50 M M M