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distribution, and Director Davis advised that they signed off on <br />the median opening issue, but felt the trip distribution issue of <br />30 percent from the south was a conservative number. <br />Commissioner Adams noted that Attorney Vitunac has pointed out <br />that we are dealing specifically with site plan approval this <br />evening. She understood the position of the residents, but the <br />fact is that it has been zoned CL and the property owner has a <br />right to develop within our regulations. If we wanted to change <br />the regulations about a supermarket not being a grocery store -- if <br />that was a problem -- we should not have had this CL in there if we <br />did not want to allow a commercial development in there. She felt <br />that under the situation we really don't have a choice, and because <br />of that she intended to move that this site plan be approved with <br />the conditions outlined by staff. <br />MOTION WAS MADE by Commissioner Adams, SECONDED by <br />Commissioner Bird that the Board approve the site <br />plan subject to the conditions set out in staff's <br />recommendations. <br />Under discussion, Commissioner Bird maintained that if we were <br />looking at zoning this property today, based on all we have heard <br />today, it would be difficult to vote to place CL zoning on the <br />property knowing that a supermarket such as Publix or another major <br />grocery store could be built there. The fact is that the zoning <br />has been there for some time and has gone through the public <br />hearing process to remain there. The other problem is the size of <br />the grocery store and the fact that it might be detrimental in some <br />respect to the neighborhood. Nevertheless, he believed it has been <br />demonstrated to be an allowable use. Based on staff's review of <br />this matter that they have met the requirements of our site plan <br />ordinance, he felt compelled to stand by our ordinance and vote <br />its approval. <br />Commissioner Macht asked Director Keating and Director Davis, <br />after hearing everything, if they had any reservations that the <br />LDRs had not been adequately satisfied. They had none. <br />Commissioner Macht asked Attorney Vitunac, that being the <br />case, if it changes his charge to the Board that we have no choice. <br />Attorney Vitunac stated that he felt the Board does have a <br />choice because there has been competent substantial evidence <br />presented on both sides of the issue. The burden of proof is 51 <br />percent, so it is up to the Board to decide if they have met that <br />burden. <br />09 <br />Uff Ur.. f4PLI 6J2 <br />July 12, 1994 118 <br />