ORD-2012-039 Ordinance Amending the Zoning Atlas - Rezoning and Class A Special Use Permit Modification

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Michael Harvey: As I articulated that evening and spoke with Mr. Lamb later, it is my position that Mr. Dickinson does have the right to go back to the Orange County Board of Adjustment, which is his plan, in seeking expansion of existing camp retreat center that this property has the ability to utilize for other purposes than just a septic system, allowing for expansion of the existing camp retreat center, and I don't feel it necessary at this special use permit process hinder that ability with the imposition of additional conditions on the use of this parcel. The Board of Adjustment is going to go through a similar public hearing process where adjacent property owners would be notified and allowed to present the case on why that specific land uses should not be allowed. I also don't think there's been any evidence submitted into the record at the Quarterly Public Hearing or at the Planning Board meeting that#1, any proposed redevelopment of this will have a negative impact on adjacent lots, and#2, even if there was it would not germane to this request as this request is intended to solely amend the existing Heartwood SUP to remove this lot. I don't believe it's essential for this Board to impose any additional restrictions other than what the ordinance would impose as part of what's customary. Chair Pelissier: As I understand it, the only other person who would speak would be Spence Dickinson. John Roberts: If I can address that. This portion of the hearing, the specific purpose, if you allow Mr. Dickinson to speak, you cannot consider what he says as part of your decision making. I recommend that he not be permitted. What his position is has been put in the record by Mr. Harvey, but if you allow him to speak to this subject now, what you are in effect doing is accepting additional testimony in a quasi-judicial hearing, which could open the Board's decision up to be overturned in the event of an appeal to Superior Court. Chair Pelissier: Are they any other questions of staff? Once we close the public hearing, we can no longer ask any questions of staff. I just want to make sure there are no other questions. Commissioner Gordon: I just want to make sure we understood the status of the condition that staff recommended that Mr. Dickinson would like removed. Is it your contention and do I understand it that we impose this condition even though he doesn't agree? Michael Harvey: Yes ma'am. The condition is designed to address a community concern as well as preserving the integrity of the SUP process without allowing for additional use of the roadway that was never envisioned in the SUP as originally approved by this Board. And I'm talking about the Heartwood Special Use Permit. Commissioner Gordon: So he does not have to agree. There are other situations in which the person would have to agree, but not this one. Michael Harvey: Correct. Commissioner Yuhasz: Do I understand this correctly that if we impose this condition we are then creating a landlocked parcel? Michael Harvey: No sir. As articulated and testified during the Quarterly Public Hearing, Mr. Dickinson is going to be recombining this parcel with a parcel to the east, this camp retreat center property, which has access on Millhouse Road. It will become one large parcel of