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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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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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9/3/2009 12:53:23 PM
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9/3/2009 12:39:42 PM
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BOCC
Date
4/21/2009
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5a
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Minutes - 20090223
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\Board of County Commissioners\Minutes - Approved\2000's\2009
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<br />•A rezoning for the same property may be considered at the same public hearing only if <br />consistent with an adopted Small Area Plan <br />Recommendation <br />•Receive the Planning Board recommendation for approval (Vote: 8 - 1) <br />•Close the public hearing <br />•Approve the proposed amendments to Article 2 of the Zoning Ordinance to clarify the <br />language and clearly articulate the procedures for amendments to the adopted Comprehensive <br />Plan <br />Commissioner Gordon asked clarifying questions about notifications for property <br />owners, which were answered by staff. <br />Commissioner Gordon said that the three-meeting notice could be addressed by <br />changing the language and giving the County Commissioners the chance to change the <br />procedure. She made reference to 2.2.14.6 regarding the date of a recommendation and the <br />second paragraph, and suggested the following change: "If the Board of County <br />Commissioners does not so direct, the Planning Board shall make its recommendation within <br />three regularly scheduled Planning Board meetings, unless the Board of County <br />Commissioners grants an extension to a new date certain." Her opinion is to do the <br />Comprehensive Plan and then do rezoning separately. She said that you have to be careful <br />when rezoning is being done the same time as a Comprehensive Plan so that people are not <br />taken unawares. <br />Commissioner Jacobs agreed with the option of additional time as suggested by <br />Commissioner Gordon, and the other commissioners agreed. Commissioner Jacobs thinks that <br />the compromise of bringing forward the small area plans in a different way than zoning with <br />major Comprehensive Plan amendments is okay. He asked if there was some place in the <br />article where "affected property owner" is defined. Shannon Berry said that it is defined, but it <br />could be clarified. <br />Geof Gledhill said that affected means property that is going to be changed by the <br />Comprehensive Plan with the land use map change. That language can be added without <br />bringing it back. He suggested the following language, "the property affected, the property that <br />is subject to the land use plan map amendment." <br />Commissioner Gordon made reference to page 9, the last paragraph and asked if it was <br />the applicant's, the Board of County Commissioners', or the staff's choice about whether the <br />amendment can be considered in conjunction with the zoning. Shannon Berry said that it would <br />be the applicant's choice whether to apply simultaneously. <br />Laura Blackmon said that the County Commissioners could act on one and not the <br />other. <br />Geof Gledhill proposed some different language from above: "affected means the site <br />proposed for the land use change." <br />Discussion ensued about the difference between a withdrawal of an application and a <br />denial. <br />Commissioner Yuhasz said that there should be a difference if an applicant responds to <br />what is heard at a public hearing and wants to revise. He thinks that this should be rewarded <br />and not punished. <br />Commissioner Gordon asked for clarification on the notifications and Shannon Berry <br />said, for Comprehensive Plan amendments, only those affected property owners will be <br />
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