Minutes 11-20-2012 - Laserfiche WebLink

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e. A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to affirm the recommendation of the Planning Board concerning the application's compliance with the provisions of Section 5.3.2 (B) of the Orange County Unified Development Ordinance as detailed within Attachment 6 of the abstract package. DISCUSSION: Commissioner Gordon: I do not find in the record enough competent material or substantial evidence to meet the applicant's burden of proof. Commissioner Jacobs: You're talking about `e', Commissioner Gordon? Commissioner Gordon: B, actually. This is the one that has sewage disposal facilities. It is 5.328. Commissioner McKee: To be specific, I am now reading the handout. I make a motion to affirm the recommendation of the Planning Board concerning the application's compliance with the provisions of Section 5.3.2 (B) of the Orange County Unified Development Ordinance as detailed within Attachment 6 of the abstract package. Commissioner Gordon: What I was going to say is that I did not find enough competent material or substantial evidence in the record to meet the applicant's burden of proof. John Roberts: That's correct, and what that deals with is the standards for a special use permit, "use will maintain and promote public health, safety, and general welfare," etc. Commissioner Jacobs: I agree with Commissioner Gordon, I think the developer could have easily satisfied my concerns and just did not choose to do so. So I left wondering whether we do have sufficient substantial evidence. John Roberts: If I could correct my previous statement. B is for the specific standards. VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs) f. A motion will need to be made regarding compliance with Section 5.3.2(A)(2) of the Ordinance. i. A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz that there is sufficient evidence in the record the project complies with Section 5.3.2 (A)(2)(a) of the UDO in that the use will maintain and promote the public health, safety, and general welfare, if located where proposed and developed and operated according to the plan as submitted. Chair Pelissier: I think here we actually have to also add Commissioner McKee to make a complete motion. If you look on page 139 we actually have to cite all material evidence. If you'll just continue the motion starting at the top of 139.