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i • <br /> who brought in a conceptual plan for 167 houses clustered with recreation , not a golf course , <br /> would get approval . He felt somebody did not like this project . The public comments <br /> opposed it only because it is residential . The Audubon people would not like anything that <br /> does away with natural habitat , but the law allows it . The applicant wants homes that are <br /> clustered . He contended the criteria is what throws it off. His client needed the County to <br /> say the project conceptually met the requirements of the law . He presented arguments with <br /> respect to the three issues which he believed were causing the problem : the percentages for <br /> recreational space , the roadway system extension under the future road system , and <br /> clustering . He cited certain paragraphs from the memorandum and the County Code . He <br /> asked, What ' s the criteria ? ' " He also asked , Why is this not acceptable and who says it <br /> isn ' t ? " To those who raised objections about runoff, sewage and those kinds of things . he <br /> advised those issues were addressed in staffs memorandum . He then spoke about "public <br /> interest" and stated it was represented by the County ' s Comprehensive Plan . Whether the <br /> Board thinks it is no longer appropriate is immaterial , it does represent the public ' s interest <br /> and it is the law . He had a problem with this matter being considered legislative and cited <br /> Board of County Commissioners of Brevard County vs . Snyder, Fla . Supreme Court , 1993 . <br /> He suggested the Commissioners read it as it defines legislative and quasi -judicial . He <br /> believed this matter to be quasi -judicial in the sense that this is an applicant who has criteria . <br /> He submitted that this project in concept meets the requirements of the law . The definitive <br /> requirements of this project have three more stages . He turned the podium over to Mr . <br /> Hurley . <br /> Bruce Hurley , 3082 Sunset Trace Circle , Palm City , advised that he and his father <br /> have been working on this project for close to 7 years . The company is just the two of them , <br /> they are not a wealthy family , but they have already invested several hundred thousand <br /> dollars . They have made a commitment to see this community come to life . They chose <br /> April 17 , 2001 <br /> 35 <br /> � K i 17 IPG 923 <br />