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BOOK 92 PAGES l <br />We hold that condition one (requiring an additional 10 foot buffer strip) is validly <br />imposed as a reasonable application of section 20-153 of the Code of Ordinances " <br />of the City of Coral Springs. Condition two (requiring entrances and exits to be <br />labeled "Right Turn Out Only" is similarly valid based upon the legal requirement <br />that an applicant demonstrate that there will be safe and adequate access in the <br />area sought to be platted. Broward County v Coral Ridge Properties, Inc., 408 <br />So -2d 625 (Fla. 4th DCA 1981). <br />The circuit court held the third condition (no construction allowed until the <br />adjacent road was widened) invalid on the basis that the Court simply finds that to <br />include such a condition on the plat without any indication in the record as to <br />when or if said portion of the roadway will be four-laned could preclude the <br />landowner from any reasonable use of owner's property indefinitely. City of Coral <br />Springs accordingly was directed to delete condition No. 3 or provide further <br />hearing on said issue. <br />Condition No. 3 was in the nature of a building moratorium directed to a specific parcel of land <br />and without meeting any of the formal requirements for such a moratorium. As such it was <br />appropriately stricken. <br />This case supports two of our major contentions: 1) the standards and requirements <br />found in the LDRs for site plan review encompass more of the regulations than just "technical" <br />requirements and 2) conditions may be imposed on a site plan approval that do more than simply <br />implement some "technical' requirement or formalize the applicant's gratuitous agreement to do <br />something beyond that specifically stated in the LDRs. Reasonable conditions may be placed in <br />any site plan (that first meets all the standards and requirements contained in the LDRs) <br />approval that can be backed up from some provisions found in the LDRs. This is especially <br />important to us because once the developer has a site plan that can be approved, we have a list <br />of operating conditions that we would like the Commissioners to consider. <br />8. "Section 14 of the Broward County Plat Act ... provides that such approval may <br />be subject to such conditions as the governing body of the ... county <br />commissioners ... may deem to be in the best interest of the public.' Without <br />pursuing the validity of that provision ... we hold that ..., having met all of the <br />legal requirements for obtaining plat approval, the county must approve [the] plat <br />..." (Broward County case) <br />Again, this excerpt deals with plat approval. In addition to the previously noted <br />distinctions (Excerpt #3) between plat approval and site plan approval, I would point out that to <br />my knowledge, the LDRs do not include a vague "catch-all" provision based only on "the best <br />interest of the public," which is what was decried in this excerpt. <br />9. "Opposition of surrounding property owners must be considered by the city ... <br />since the statement of intent of the ... ordinance includes the desire to achieve <br />aesthetic and compatible relationships between adjacent properties. Buf the <br />opinions of neighbors by themselves are insufficient to support a denial of a <br />proposed development. We agree with the city that project density is a legitimate <br />concern ... But it is a concern that must be addressed and expressed in <br />appropriate ordinances." (City of Deland) <br />The gist of this excerpt is that "aesthetic and compatible relationships between adjacent <br />properties" is RrojReLly considered in site plan review, but that "opinions of ... neighbors" alone <br />are insufficient for a denial based on such concerns. We have shown and will show again, 1) <br />through our professional land use planner and expert witness Robert W. Swarthout, AICP that <br />the proposed site plan is incompatible with neighboring parcels and 2) through our appraiser <br />Peter Armfield, MAI that this site plan will result in the devaluation of surrounding properties. <br />Under the Deland case, the Board would be justified in denying the Sea Mist Shoppes site plan; <br />however, under Synder and Delray Beach, the Board would probably have to tell the applicant <br />What changes he would have to make in order for the site plan to be approved. <br />97 <br />July 12, 1994 <br />