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Minutes - 20090223
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Minutes - 20090223
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3/15/2016 1:29:06 PM
Creation date
5/12/2009 1:03:40 PM
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BOCC
Date
2/23/2009
Meeting Type
Public Hearing
Document Type
Minutes
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Agenda - 02-23-2009 - Agenda
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 02-23-2009
Agenda - 02-23-2009 - C1
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 02-23-2009
Agenda - 02-23-2009 - C2
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 02-23-2009
Agenda - 02-23-2009 - C3
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 02-23-2009
Agenda - 02-23-2009 - C4
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 02-23-2009
ORD-2009-014-Zoning Ordinance and Atlas Amendment
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\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2009
ORD-2009-015-Proposed Amendments toArticle 2 Sections 2.2.14.3 through 2.2.14.9 of the Zoning Ordinance Clarifying the Procedures and Requirements for Amendments to the Adopted comprehensive Plan- 04-21-2009-5a
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b. Rezone a 46,500 square foot portion of property, currently utilized to support a <br /> commercial landscaping operation, from AR to EC-5 <br /> 3. Refer the matter to the Planning Board with a request that a recommendation be <br /> returned to the County Board of Commissioners in time for the May 19, 2009 BOCC meeting, <br /> and <br /> 4. Adjourn the public hearing until May 19, 2009 in order to receive and accept the <br /> Planning Board's recommendation and any submitted written comments. <br /> PUBLIC COMMENT: <br /> Charles Helgevold said that he moved to this property in 1990, started the business, and <br /> found out that Cedar Grove was going to be zoned. He was available to answer questions. <br /> Kim Callemyn said that she has been doing survey work for the Helgevold's, and she is <br /> happy for the cooperation of the County. She was available to answer questions. <br /> Sue Browning lives across the road from the applicant. She said that she was not aware <br /> that there was ever a rezoning for an EC section of 46,000 square feet. She said that the <br /> existing business is at the front, which is zoned AR. She said that this is a business in the <br /> middle of a residential section, and she never understood how this happened. <br /> Michael Harvey said that the landscaping operation began prior to the adoption of the <br /> comprehensive zoning of the Cedar Grove Township. In effect, the property was "unzoned." <br /> The County created the EC-5 zoning designation in townships where initial zoning was taking <br /> place in an effort to ensure that legal operations would not be made non-conforming during <br /> initial zoning. Regarding why the business cannot be moved, he said that the business is where <br /> it is and the EC-5 designation should have been located at the front portion of the property. If it <br /> were moved it would create additional problems and an access issue. The cleanest way to fix <br /> this problem is the recommendation. <br /> Richard Browning said that before the Helgevold's came to this property, there was not a <br /> business there. Michael Harvey explained the process again. <br /> Richard Browning said that there is a huge pile of mulch there most of the time. He does <br /> not see how the business was allowed to begin with because there has never been a business <br /> there. <br /> Kathryn Browning lives more than 500 feet away from the property and she can hear the <br /> noise from the business and the heavy loading equipment. She asked about future traffic flow <br /> as far as expansion of this with the rezoning. <br /> Michael Harvey said that the County has an existing noise ordinance enforced by the <br /> Sheriff's Department. Regarding expansion, once the area is rezoned, it will be limited to this <br /> portion of the property. There is a prohibition on expansion of existing EC-5. <br /> A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to <br /> refer the matter to the Planning Board with a request that a recommendation be returned to the <br /> County Board of Commissioners in time for the May 19, 200 BOCC meeting, and adjourn the <br /> public hearing until May 19, 2009 in order to receive and accept the Planning Board's <br /> recommendation and any submitted written comments. <br /> VOTE: UNANIMOUS <br /> 4. Zoning Ordinance Amendment: To receive public comment on proposed amendments to <br /> Article 6 of the Zoning Ordinance to establish regulations for drive-thru facilities. <br />
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