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Commissioner Macht understood that we have been approving supermarkets under the general rubric of grocery stores for years. Based on precedent and in order to be consistent with the law, he felt the conclusion we should come to is whether or not it is in the best interest of the people in question. He felt Attorney Dill has made a very compelling argument, and perhaps we ought to make a differentiation. However, we have to make our decision based on current law that is in the best interest of all of the citizens of Indian River County. Commissioner Macht felt we are going to have to find that a grocery store is a supermarket, and a supermarket is a grocery store. One is a manifestation of the other and he didn't see how we can escape that. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Bird that the Board deny the appeal filed by Attorney Warren Dill. Under discussion, Commissioner Bird thought the dialogue today has been excellent and that all of the expert testimony was well stated. However, he felt the timing of it is wrong. He felt that if we recognized there was a problem between grocery stores and supermarkets, or if we had realized that by lumping them together we allowed them to be a permitted use in a Limited Commercial zoning district, we could have addressed the problem numerous times over the past few years. We could have addressed the problem during the numerous public hearings on the adoption of our Comprehensive Land Use Plan and the Land Development Regulations, and certainly when we adopted the zoning that presently exists on that property. In that scenario, and according to staff's interpretation, it did allow a grocery store or supermarket to be built in a Limited Commercial district. Commissioner Bird believed that if anyone in this room over the last year or two, or any of the attorneys, or any of the citizens of this county would have called the Planning Department and expressed their concern about that piece of Limited Commercial property there in the Mooring's, they would have been told that it was possible for someone to get site plan approval for a supermarket of this size. Although it wasn't built, a site plan was approved in the past for a grocery store/supermarket of approximately this size (Food Lion). It was never built and the site plan approval expired. Commissioner Bird strongly believed in private property rights and upholding the ordinances and the land development regulations that have been adopted in this county. Based on the date that this application 41 July 12, 1994 I