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After reviewing staff's recommendation for denial, Director Keating wished to point out what he believed to be an incorrect statement in the second to the last paragraph in the following letter from Attorney Warren Dill: April 27, 1994 Robert M. Keating, AICP Community Development Director 1840 25th Street Vero Beach, FL 32960 re: Determination of Similar Use BY FACSIMILE THIS DATE Dear Bob: As you know, I am representing various concerned residents of The Moorings, regarding the Sea Mist Shoppes proposed to be located in the heart of this tranquil residential community ("the site"). Of most concern is the proposed 27,000 to 28,000 square foot Publix super market, with an adjacent 10,700 square feet of undisclosed retail uses. The site (approx. 5.32 acres) is zoned Limited Commercial (CL). I understand that there are only two (2) properties in the County with CL zoning. The other is located on the corner of CR 510 and State Road A1A. Neither property seems appropriate for CL zoning, particularly, The Moorings site, which is encircled by homes. This site was originally zoned C -1A in the late nineteen sixties. This was before planning and comprehensive plans evolved to the level of importance and legal significance they now hold. When the zoning was changed from C-lA to CL, I believe little thought was given to the appropriateness of the CL district on this site. It appears to have been an automatic roll over from the original zoning to the new classification. While such actions are not per se inappropriate when dealing with county wide rezonings, they can be troublesome when site specific development is proposed, as we are now seeing. This site is inappropriate for the CL classification, and the proposed use of it for a 27,000 to 28,000 square foot Publix Super Market is questionable as a permitted use. "Grocery stores" are "permitted uses" in the CL district, but Super Markets are not listed in Section 911.10(4), Land Development Regulations. The Application refers to the use as a "grocery store" in order to "fit" the use allowed in Section 911.10(4). If the applicant is willing to limit the use store to the sale of just groceries .then the listed use (grocery store) would seem more appropriate. However, it is common knowledge that Publix sells a lot more than groceries. The term "grocery store" is not defined in the Land Development Regulations. A "grocery store" commonly denotes a facility of much more modest scope than a Super Market. There is no question that this is a Super Market, even the letterhead for Publix refers to it as "Publix Super Markets". No one has ever denied that the proposed Publix is a Super Market in all prior communications. I understand that the Publix on Miracle Mile is 24,000 to 25,000 square feet. It is smaller than the Publix proposed for The Moorings site. To say this is a "grocery store" is misleading. 13 July 12, 1994