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Board of County Commissioners Meeting Minutes - Final September 22, 2020 to discuss Jacob Allenbaugh's request for information on the development potential of the property at 6390 77th Street, which had been denied because of the presence of a 500' communications tower. Chief Sweeney gave an overview of the timeline of the request and confirmed that the Planning and Zoning Commission (PZC) did not fail any of the three (3) criteria outlined in the Land Development Regulations Section 902.07(4). Mr. Allenbaugh was agreeable with staff and the PZC's determination. Vice Chairman Flescher sought and received clarification from Chief Sweeney that Mr. Allenbaugh was interested in purchasing the property. Commissioner O'Bryan agreed that the PZC did make the correct decision; however, he felt that the County could find a way to allow Mr. Allenbaugh to build a home on the property as long as there was a deed restriction to hold the County harmless of any future liability. A discussion ensued between Mr. Allenbaugh, the Board and staff to establish that two residences could be built on the parcel --one on the parcel at the front of the property, and one on the parcel at the back of the property. The middle parcel would include the tower with consensus for a 250 -foot fall -zone radius that would remain undeveloped. Mr. Allenbaugh was agreeable to the deed restriction. Chairman Adams opened the floor to public comment. Jim Parks, 6550 77th Street, thanked the Board for their decision. A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to: 1) Confirm that the Planning and Zoning Commission made the proper finding under the three criteria; 2) Approve the Appellant's request to utilize the property, directing staff to establish a 250 foot radius setback, which would allow the property to be divided into two parcels for residential construction; and 3) Directed the Appellant to work with the County Attorney on a deed restriction that indemnifies the County from any future liability related to the tower on the property. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Nay: 1 - Commissioner Solari The Chairman called for a recess at 10:25 a.m., and reconvened the meeting at 10:35 a.m., with all members present. B. Emergency Services Indian River County Florida Page 11