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33 <br /> I will call your attention specifically to pages 2, 3 and 4 of your abstract where staff breaks down <br /> the various provisions associated with the Heartwood special use permit. The removal of this <br /> tract does not invalidate existing ratio standards or proposals for land use that Mr. Dickenson <br /> had originally proposed for the Heartwoods project as approved by the County in the mid to late <br /> 80's. Finally, I will say that there are policies within the Comprehensive Plan lending credence <br /> to the viability of this proposal. <br /> What you are being asked to do tonight is receive the application, conduct the public hearing, <br /> accept County Commissioner and Planning Board comments, refer the matter to the Planning <br /> Board with a request that a recommendation be referred to the County Board of Commissioners <br /> in time for your September 18th meeting, and that you adjourn the public hearing until this date <br /> and time certain in order to receive the Planning Board recommendation. Mr. Dickenson, the <br /> applicant is here this evening. If you have any other questions, I'd be more than happy to <br /> answer them. <br /> There were no questions from the Planning Board or the Board of County Commissioners. <br /> Spence Dickenson: I have been sworn in. I have owned Spence's Farm since 1984, and I've <br /> worked with over 10,000 children at the farm. I've made a significant difference in the people <br /> that have been there for 15 years and even worked for me at this point. At some point we <br /> looked at what to do to have the farm be legal, in compliance with everything. As a farm, it was <br /> exempt from the Planning zoning. We have been trying to bring it all into compliance. The only <br /> thing left at this point is the septic system. I have been turned down by the Health Department <br /> as far as being able to find any septic system on Spence's Farm proper. I own the adjacent <br /> land. Michael Harvey is of the mind that we couldn't go across the PDD to put it where we were <br /> going to put it on the upper piece until we took it out of the special use. <br /> Chris Lamb: My name is Chris Lamb, and I have been duly sworn in. I live in the Heartwood <br /> community and know Spence well and drive by his farm every day. I do support resolving the <br /> issue around the septic system. It's been going on for too long, it needs to be resolved. My <br /> main concern with this change this piece of property will no longer be subject to our existing <br /> covenants as well as the provisions of the special use permit. In the plans I see here and <br /> potential interpretations of the special use permit and whoever may own that piece of property in <br /> the future, I do not see enough protections of my property value rights. This property will now <br /> extend that farm/camp/retreat into the Heartwood community. And while Spence has done a lot <br /> to improve appearances of the farm with Heartwood, recently that's not been the history and it <br /> might not be the history of future owners of that property. So I would like to see some sort of <br /> protection where this piece of property can only be used for that septic field and no other <br /> activities or services or hindrances into the farm so that we could still have this border that <br /> protects the Heartwood community and the value of our properties for the many activities on the <br /> farm. I think this plan really opens up a whole host of interpretations of what could be run on <br /> that piece of property right next to our Heartwood homeowners and our pond. I would like to <br /> see some type of extra specification be put in that it could be only be used for that septic system <br /> and no other services or buildings or structures. <br /> Michael Harvey: I will speak the best that I can to that. What the Board is essentially being <br /> asked to do this evening is allow lot 31 R to be removed from the existing special use permit and <br /> have it rezoned to Rural Buffer. Mr. Dickenson is not going to be able to develop the septic <br /> system on the property until it goes back to the Orange County Board of Adjustment and <br /> combines this parcel with the existing special use permit, where it will have to be reviewed and <br /> approved at a public hearing. Mr. Dickenson will have to allow the Board of Adjustment to <br />