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This essentially is the last opportunity for the County to object to changing the land use <br />designation of the subject property to industrial. The principal reason for a County objection is <br />the fact that the fifteen acre parcel would be accessed by 129`h Street, an unpaved local road <br />within a low density residential neighborhood. <br />Attached to this staff report is a draft letter objecting to the City's adopted land use plan <br />amendment. The letter, written for the Chairman's signature, details the County's objections to <br />the land use change and requests that DCA find the adopted amendment not in compliance. <br />ANALYSIS: <br />At the February 5, 2002 Board of County Commissioners meeting, planning staff presented a <br />detailed report (copy attached) addressing Christopher Kirrie's request for a land swap with the <br />County The purpose of the proposed land swap was for Mr. Kirrie to obtain alternative access <br />to the fifteen acre Sembler property. Currently, the only access to the property is 129`h Street. <br />Mr. Kirrie's proposal involved a land swap whereby Mr. Kirrie would exchange some of the <br />Sembler property for a comparable amount of County owned land located between Gibson Street <br />and the Sembler property. Mr Kirrie's intent was to improve Gibson Street and the County <br />swap strip to provide access to the Sembler property. <br />After considerable discussion, the Board conditionally approved Mr. Kirrie's request. That <br />approval included various conditions related to extending water and sewer to the Sembler <br />property, mitigating wetland and upland impacts associated with roadway constriction, securing <br />Florida Communities Trust approval for conveyance of property, and obtaining jurisdictional <br />agency permits for roadway improvements. <br />Subsequent to Board action, Mr. Kirrie indicated that he did not agree with the conditions and <br />would not pursue the swap. That position is reflected in a memorandum sent to the Board of <br />County Commissioners by County Attorney Paul Bangel (copy attached). Consequently, 129`h <br />Street is the only access to the fifteen acre Sembler property. <br />Despite the access issue, the City of Sebastian adopted the referenced comprehensive plan <br />amendment, changing the Sembler property to industrial. Given the high probability of the City <br />annexing the adjacent Mensing property and redesignating that property to industrial, there will <br />be twenty acres of industrial land accessed through a low density residential neighborhood in the <br />unincorporated area on an unpaved road. Generally, industrial development results in significant <br />heavy truck traffic which can adversely affect residential areas if access is through such areas. <br />At this time, the County's only option to ensure that 129th Street is not used for access to a <br />twenty acre industrial area is to object to the City's adopted amendment and recommend that <br />DCA find the amendment not in compliance. The attached draft letter reflects that position. <br />RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners approve the attached letter and <br />authorize the chairman to execute the letter. <br />ATTACHMENTS: <br />1. Draft letter to DCA <br />2 Copy of February 5, 2002, staff report <br />3. Copy of February 22, 2002 memorandum <br />from County Attorney Paul Bangel to the <br />Board of County Commissioners <br />MAY 7, 2002 <br />-84 <br />�r1 <br />