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Board of County Commissioners Meeting Minutes - Final April 20, 2021 Long Range Planning Chief Bill Schutt added comments regarding the zoning of neighboring communities. Community Development Director Phil Matson stated that the proposed land use was consistent with the density allowed in the context of the County's Comprehensive Plan. Under Board discussion, Vice Chairman O'Bryan and Commissioner Earman inquired about the 26th Street right-of-way needs. County Administrator Jason Brown responded that staff would address the roadway needs when a site plan was received. Commissioner Moss referred to the PZC meeting minutes when suggesting that staff should provide additional information to concerned citizens. Director Matson recalled that many of the questions asked of staff could not be answered until a site plan was submitted by the applicant. He added that the concerned citizens did not initially understand the process, however they appeared to be satisfied once they received clarification that the proposed rezoning would eliminate 32,000 square feet of commercial area. Chief Schutt provided Commissioner Moss with the process followed by staff to communicate with nearby property owners. Commissioner Moss then inquired and received clarification from Director Matson and Administrator Brown regarding the wording included in staffs memorandum that cited "minor adverse impacts on environmental quality". Lastly, Commissioner Moss requested feedback regarding the schedule for road construction in the area of 26th Street. Director Matson replied that the 26th Street roadway improvements were on the County's radar and would require a transportation plan to be completed by the County's Metropolitan Planning Organization (MPO). He reminded Commissioner Moss that there was not yet a development plan from the applicant, only an application to request rezoning. Attorney Bruce Barkett, representing Sunnyside Up 1, LLC, spoke before the Board to offer clarification regarding the rezoning request, making mention that many of the questions asked of County staff were irrelevant and would be addressed when a site plan was submitted. Joseph Paladin, representing the Indian River Neighborhood Association, spoke in support of the proposed rezoning. Carla Blanchette, a Woodfield resident, stated her concern for the amount of traffic RM -8 rezoning would create compared to RM -6, Single Family Residential District (up to 6 units per acre). Vice Chairman O'Bryan explained the Bert J. Harris Private Property Rights Protection Act, which was put in place to protect property owners from government actions, including actions on an application or permit, that would have a direct impact on them. He clarified that rezoning to RM -6 would devalue the property and be considered a "taking" under State law. Vice Chairman O'Bryan also assured Ms. Blanchette that Indian River County Florida Page 10