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Agenda - 11-20-2012 - 5a
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Agenda - 11-20-2012 - 5a
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11/16/2012 3:40:24 PM
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BOCC
Date
11/20/2012
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5a
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Minutes 11-20-2012
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\Board of County Commissioners\Minutes - Approved\2010's\2012
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12 <br /> 1 Board meeting. Attachment 3 is the excerpts from the May 29, 2012 Quarterly Public Hearing. <br /> 2 Attachment 4 is the excerpts of the approved July 11, 2012 Planning Board Regular Meeting <br /> 3 Minutes. Attachment 5 is a letter from the applicant accepting the recommended conditions. <br /> 4 Attachment 6 is the Planning Board recommended Findings of Fact. You also have at your <br /> 5 place a script to assist you in making the required motions associated with this project. <br /> 6 <br /> 7 As you will recall, this item was presented at the May 29th Quarterly Public Hearing. There were <br /> 8 certain questions asked during the hearing, which we have included in Attachment 1, the <br /> 9 Planning Board abstract for your review. You will note that the Planning Board at their July 11th <br /> 10 regular meeting found unanimously that the applicant had met their burden with respect to all <br /> 11 facets with respect to the project and various standards of the UDO. As we articulated in the <br /> 12 script, as well as articulated in Attachment 6, there are specific references with compliance <br /> 13 Section 2.2 and 2.7(3) UDO Class A Special Use permit application submittal requirements. <br /> 14 Section 2.7.5 indicating that all applicable notification criteria has been adhered to, Sections 3.3 <br /> 15 and 6.3 of the Unified Development Ordinance had been adhered to. As a result the application <br /> 16 was deemed to be compliant with respect to UDO submittal requirements. Compliance with <br /> 17 Sections 5.9 and 6.8.6, the specific land use regulations governing the development of utilities <br /> 18 and development of land use buffers on the property, compliance with the specific findings of <br /> 19 fact contained in Section 5.3.2. The Planning Board also made affirmative findings on Sections <br /> 20 5.3.2 (A) (2), a, b, and c; all of which is contained within your packet. The Planning Board <br /> 21 recommended approval of this project. The Planning staff also supports the issuance of the <br /> 22 Special Use Permit. There are going to be a total of six conditions as part of this project. The <br /> 23 applicant is technically meeting all of those conditions and we believe there is sufficient <br /> 24 evidence articulating this fact already present within the record. I'd be more than happy to <br /> 25 answer any questions that you have at this time. <br /> 26 <br /> 27 Commissioner Hemminger: Isn't it possible to put one of these on the screen and group <br /> 28 them that way. <br /> 29 <br /> 30 John Roberts: There has to be a record in case it's appealed. Unlike your normal minutes, a <br /> 31 quasi-judicial hearing has to be verbatim, so there has to be something for a judge to read if a <br /> 32 case is appealed to Superior Court. Putting it up on the screen I don't think transfers very well <br /> 33 to a transcript. <br /> 34 <br /> 35 Commissioner Hemminger: It would be helpful, though, I think, for the public to see what <br /> 36 we're reading off instead of just reading off very quickly, to be able to see what we're actually <br /> 37 doing, because with the dates and times and subsections and numbers, no one is going to be <br /> 38 able to track that in the audience. <br /> 39 <br /> 40 John Roberts: I misunderstood what you were saying, I thought you were saying put it up on <br /> 41 the screen and vote on what you see. <br /> 42 <br /> 43 Commissioner Hemminger: I would still prefer to have it on the screen so that they know <br /> 44 what we are doing. <br />
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