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M want them to be protected. That is not necessarily a contradiction in terms, but he would say that people who move in adjacent to their property need to recognize that they are farmers and that there are related activities conducted on that' land. There may be an occasion when they hear a pump running or a spray machine, but that is just part of the citrus industry and their right to farm. Mr. Caldwell reiterated that his purpose here today is simply to say that they do not object to the proposed land use amendment. There being no others who wished to be heard, Chairman Eggert closed the Public Hearing. Commissioner Bird felt he was basically in favor of the 1 unit per acres and certainly in favor of the creation of the 60 -ft. right-of-way, which he believed would improve the whole situation as far as access. He would be in favor of it based on the language given by Attorney Vitunac and Director Davis that the 60 feet be dedicated to the property owners' association and with the proper language stating that the County can take it at the County's discretion in the future. Attorney Vitunac asked Director Keating if the proper motion would be to accept the Comp Plan land use redesignation from 1 unit in 10 acres to 1 unit in 5 acres and have everything else as conditions that we are not allowed to put on a Comp Plan change. Commissioner Bowman didn't know how you could refer to a non- existent property owners' association. Assistant County Attorney Will Collins recalled that we looked at this case with the Indian River Square situation just last month and it seems there is some leeway in making conveyances of right- _ of -way conditional to zoning. He didn't know how to resolve it because it was argued for a long time that this had nothing to do with contract zoning, but Director Keating was arguing that it did. He was a little unclear right now which way it goes. Attorney Vitunac felt the motion should be to approve whatever land use the Board wants. The statements have been made by the applicant to do what he said he was going to do and about what we hope he is going to do. Attorney Collins explained that the proposed escrow agreement sets up a property owners' association and provides for cross easements, which means that the documents would have to be revised to read that rather than cross -easements, the right-of-way would be dedicated to the property owners' association with the right of the County at some time to accept a conveyance from them. There would _ not be a requirement now, but if the property owners' association chose to transfer that responsibility to the County and the County chose to accept it, they would have that power. Attorney Collins 109 A