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na 95 TALE 401 <br />Director Keating stated these properties are old groves, with <br />the exception of Property Number 3, and that each property <br />redesignation would be an expansion of the existing node, with no <br />increase in density or intensity. The overall acreage is not being <br />increased and the redesignations will result in a better and more <br />useful pattern of development. <br />Commissioner Eggert questioned the use of the parcels directly <br />to the west of the .7 acre parcel, and Director Keating responded <br />that property is designated residential. <br />Commissioner Eggert then questioned what change, if any, there <br />would be in the traffic on CR -510, and Director Keating responded <br />that there would be additional traffic but there is existing <br />capacity on CR -510. <br />Commissioner Eggert felt this is a good area for commercial <br />development. <br />Chairman Macht inquired whether the applicant had legal rights <br />to the additional .7 acres, and Director Keating stated that there <br />is no legal right, that this is a policy decision by the Board. <br />Attorney Vitunac advised that the Board chose the number of <br />acres for the node and the applicant would not have a right to go <br />beyond .that number. He added that a small variance would be <br />acceptable legally without violating the rules. <br />Commissioner Bird felt that the .7 acres is a very small <br />parcel, probably only 30 or 40 feet, and the applicant owns the <br />surrounding property. <br />Director Keating explained that a Type C buffer between <br />commercial and residential would be required at the time of <br />rezoning. <br />Chairman Macht requested that it be entered into the record <br />that the Board has received 63 letters in opposition to the <br />redesignation. <br />LETTERS IN OPPOSITION ARE ON FILE IN THE OFFICE <br />OF THE BOARD OF COUNTY COMMISSIONERS <br />Attorney Vitunac explained that a Florida court held that <br />small scale Comp Plan amendments and rezonings are more like <br />judicial actions than legislative actions and, therefore, the <br />Commissioners are sitting as judges and are not allowed to receive <br />evidence other than at this public hearing. However, the letters <br />may properly now be made available for the Board and the public to <br />read. <br />JUNE 139 1995 61 <br />