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r M r <br />the county to adopt <br />comprehensive plan. <br />certain remedial amendments to the <br />Also in 1990, one of the intervenors, Anthony Coraci, submitted a <br />request to amend the comprehensive plan and create a new C-3, <br />Privately Owned Upland and Xeric Scrub Conservation (up to 1 <br />unit/21 acres), land use designation to replace the portion of the <br />adopted comprehensive plan's C-2, Privately Owned Wetland and <br />Barrier Island Conservation (up to 1 unit/40 acres), land use <br />designation in the area surrounding the St. Sebastian River. Prior <br />to submitting that request, Mr. Coraci coordinated with county <br />planning and legal staff regarding technical and legal issues he <br />wished to address in the amendment, as well as the language of the <br />amendment. <br />Mr. Coraci is the owner of the W.W. Ranch, an area of approximately <br />8,000 acres. With the exception of approximately 600 acres of <br />largely undisturbed_ xeric scrub community lying west of and <br />••-adjacent to -:the ..ft. --Sebastian River .-p(see .attaohme4t 2-) , the. ranch - <br />;'t -proprty,<1"i46 p=edoia3riately -within thi �AG land �$e designation.:' % - <br />1190, when Mr. Coraci submitted' his plan amendment request, the new <br />comprehensive plan designated that 600 acres of xeric scrub <br />community as C-2 (up to 1 unit/40 acres). <br />The purpose of Mr. Coraci's request was to modify the existing land <br />use designation of upland xeric scrub communities adjacent to the <br />river to allow for residential development of up to 1 unit/2.5 <br />acres. Mr. Coraci contended that the existing C-2 land use <br />designation, with its 1 unit/40 acres density limitation, was <br />designed to preserve environmentally sensitive wetland communities, <br />and, therefore, was an unreasonable restriction of the upland <br />portions his C-2 designated land. <br />On June 18, 1991, consistent with the compliance agreement for the <br />comprehensive plan, the Board of County Commissioners adopted the <br />remedial amendments required to bring the plan into compliance. At <br />that meeting, the Board also adopted several other plan amendments, <br />including the Coraci amendment. With the exception of the Coraci <br />amendment, each of the comprehensive plan amendments was eventually <br />found to be in compliance by DCA. <br />Despite the fact that the remedial amendments required by the <br />compliance agreement for the comprehensive plan had been adopted by <br />the county and found in compliance by DCA, the hearing officer with <br />jurisdiction over the comprehensive plan has chosen to retain that <br />jurisdiction until the issue of the Coraci amendment is resolved. <br />Because the hearing officer has retained jurisdiction, the county's <br />comprehensive plan has never formally been found in compliance. <br />Subsequently, DCA, Coraci, and the county participated in lengthy <br />negotiations, and Coraci completed substantial biological studies. <br />These actions .eventually led to the drafting of a compliance <br />agreement. for the Coraci amendment that was acceptable to all <br />parties. On June 14, 1994, the Board of County Commissioners <br />approved the compliance agreement for the. Coraci amendment by a <br />vote of 5-0. -One provision of the compliance agreement for -the <br />Coraci amendment requires. the Board to adopt changes to the <br />following portions of the comprehensive plan: <br />•; _ Futu na nd.•�Jse £Name it; -poli 5`- - <br />Future ,.Lan&.Use ..Adement Pol cy`3 " i; - <br />• Sanitary Sewer.Sub-Element "Pollcy 6.•fi; l' <br />• Conservation Element Policy 6.16; and <br />• The Data and Analysis Section of the Conservation <br />September 20, 1994 <br />33 <br />Element. <br />'93 MUE 3.2 <br />