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_I <br />E�OOK %.J <br />to have a negative effect when it comes to future development <br />requesting higher densities. He felt that the provisions we have <br />now in the Comp Plan for clustering within agricultural areas <br />allow the best of both worlds. The cluster provision allows the <br />applicant to.go in there and develop it at a density of one unit <br />per 5 acres, clustering those 8 units but keeping the other 32 <br />units vacant for now under an easement agreement that says when <br />it is warranted and the property is redesignated,, the owner can <br />develop the additional part. <br />Utilities Director Terry Pinto wasn't sure how close we are <br />to bringing water and sewer into Pinetree Park, but thought it <br />was within one mile. <br />Director Keating summed up the reasons for staff's recommen- <br />dation for denial of the Feldman request, noting that the primary <br />reason was that it wasn't consistent with policy 13.3 since there <br />is no change or special circumstance involved. <br />Chairman Bird opened the Public Hearing, and asked if anyone <br />wished to be heard in this matter. <br />Attorney Steve Henderson, representing Mr. & Mrs. David <br />Feldman, owners of the 40 -acre parcel, recalled that he was <br />present at a number of the land development regulations hearings <br />when this area was redesignated. He felt there are some <br />devastating effects from being thrown out of the urban service <br />area. Not only is the property owner getting a reduction in <br />densities and being removed from the urban service area, he is <br />being forced to warehouse his property until sometime in the <br />future when development becomes a little more dense on the east <br />side of Kings Highway. He also is being forced into a PD type of <br />clustering development rather than being able to sell off 5 -acre <br />tracts which would enable him to recover a larger part of his <br />investment. Attorney Henderson felt the Board was familiar with <br />the alternative presented by Ralph Poppell on 43rd Avenue. Mr. <br />Poppell did a pretty good job of presenting the proposal and <br />getting it before certain people at the DCA and selling them on <br />the proposal to include some properties on the west side of 43rd <br />Avenue in the urban service area including 80 acres owned by <br />himself. Staff supported that proposal and in doing so made some <br />very good statements and very clear rationale that would actually <br />support this amendment. Attorney Henderson felt this situation <br />is parallel to the Poppell amendment in that the property is on <br />the west side of Kings Highway and fronts a major arterial. <br />The Feldmans are seeking an opportunity to at least get their <br />request sent to Tallahassee for review by the DCA where possibly <br />some set -offs can be worked out. <br />78 <br />