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Minutes - 19890227
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Minutes - 19890227
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2/27/1989
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Minutes
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intend to do many of the things with their land that they are currently zoned to do, <br />Wallace indicated that it was unacceptable to have those zoning rights arbitrarily <br />removed. Duke is facing a zoning based not on the characteristics, or location of the <br />land, but rather because they happen to own large tracks of land. They want to be <br />zoned consistently with the land around it. They would then find other ways to assure <br />the county that they would continue to use it responsibly. Entering into agreements <br />with Duke regarding possible land uses down the road is another more acceptable <br />solution. The PID designation is a permanent deprivation of Duke's right, which would <br />require Duke to come to the County and request dispensation to get their rights back. <br />The 100 foot buffer was not at Duke's request, and while it may offer some type of <br />protection to the forest, he indicated that it was not something that Duke had <br />militated for. Duke feels that a careful zoning pattern that deals with the forest in <br />ways that are on a larger scale and fit in with a rational zoning process makes more <br />sense than an arbitrary l00 foot buffer. The buffer could have some good effects on <br />the forest but it does not have a uniformly good effect and does not necessarily <br />address the problems seen by Duke. <br />Judson Edeburn, Duke's Forest Research Manager, addressed land management issues <br />in the forest.. <br />Commissioner Marshall asked Wallace if Duke pays taxes on this property. Wallace <br />indicated that they pay tax on a fair amount of property. The property they do not <br />pay taxes on fits clearly within the tax exempt statutes. <br />Gommissioner Marshall indicated that her question had to do with her <br />understanding that tax exempt land should have some public interest or benefit to the <br />public. <br />Wallace indicated that this is fully carried out by the full scale teaching and <br />research that is done on these lands. He also offered to show the Commissioners the <br />maps that indicate the intensity of research and teaching that takes place on these <br />lands. <br />Ted Latta, an Orange County citizen, spoke in opposition to the buffer. He <br />mentioned that. neither the Duke Forest land by Corporation Lake nor Cane Creek is an <br />the map. He asked why there is no PID land around Gane Greek? The buffer should be <br />on Duke's land not the adjoining land. The court case of Nolen vs. California Coastal <br />Commission deemed action similar to this as a taking of land. He stated that unless <br />compensation is made, this will be a violation of the 5th and the 14th Amendments. <br />Wade Parrisha a landowner and citizen of Orange Gounty, indicated that Duke <br />surrounds his land on two sides. He spoke in opposition to the buffer zone. <br />Jay Murrey, a citizen of Orange County, spoke in opposition to the buffer zone. <br />An unidentified female citizen spoke in favor of Mebanes' request to be exempt. <br />Her property is located in one corner of Lake Michael. She spoke in opposition to the <br />buffer zone. <br />Paul Parcell, a citizen of Orange County and landowner, spoke in opposition to <br />the buffer zone. <br />~, <br />Carol Tingley, a citizen of Orange County and a landowner, made reference to the <br />land at Seven Mile Creek and stated that she and her siblings have lots that are less <br />
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