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t � BOOK PAuC 387 February 20, 1996 STATEMENT OF MARBRISA HOMEOWNERS ASSOCIATION TO BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY REGARDING PROPOSED SPECIAL EXCEPTION APPROVAL FOR ISLAND CLUB SUBDIVISION PLANNED DEVELOPMENT We have reviewed the memorandum, dated Feb 13, 1996, of Senior Planner John W. McCoy to Mr. Chandler, the County Administrator, which recommends approval of the conceptual PD plan and special exception request with conditions. If the Board approves this project, we believe Mr. McCoy's recommended conditions should be amended, to ensure the proposed development will be compatible with Marbrisa, and to comply with the motion adopted by the Planning Commission at its meeting on January 25, 1996. We agree that the County can not enforce private agreements between land owners, but the conditions to the approval should clearly state that the six Foot high fence along the boundary line with Marbrisa, the 25 foot setback, and the 25 foot planted, type B buffer along that boundary line, are required. These conditions are in accordance with the agreement between the Marbrisa HOA and the developer, and were recommended by the Planning Commission. Therefore, we respectful ly request that condition 1(pp7-8 of the Memorandum) be amended to provide: "1. That, to ensure compatibility of the project with the adjacent Marbrisa development, the following improvements setbacks, and buffers shall be required: a. A 6 foot high, galvanized, green vinyl clad, chain link fence shall be provided along the south perimeter of the project site that abuts Marbrisa , prior to start of phase I construction. The fence may be located south of the boundary line per agreement of the property owners. b. A 25 foot setback area shall be provided, measured northerly from the south perimeter of the project site, free of all man-made structures, including but not limited to pools, decks, patios, parking areas, drives, and outbuildings; provided, that on each lot a swimming pool or part thereof may be constructed in the most northerly five feet of the setback area. c. A 25 foot wide butler area, planted in accordance with Type "B" buffer as specified in landscape and buffer regulations of Indian River County, shall be provided along the project's boundary line with Marbrisa. The southerly 5 feet of the buffer area, to be planted when the fence is constructed, may be located south of the boundary line per agreement of the property owners. The balance of the buffer area shall be planted as the property is developed. " We believe these conditions should be stated expressly in the approval to guarantee that the developer will in fact provide the safeguards they have promised FEBRUARY 20, 1996 64 (a)