ORD-1999-016 Proposed Zoning Atlas Amendment Z-3-9 Ernie McBroom

Browse Search

Development Processes,Schedule.and Action 16 • Public Hearing August 23,1999: The public was heard and the proposed zoning atlas amendment was referred to the Planning Board for recommendation to the Board of County Commissioners no sooner than September 21, 1999.Public comments can be seen in the copy of the draft minutes of the public hearing attached to this abstract. • First Action: Planning Board Recommendation: The Planning Board has 75 days within which to prepare and submit a recommendation to the Board of County Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered as a favorable recommendation. • Final Action: Board of County Commissioners will consider an amendment to the Orange County Zoning Atlas no sooner than September 21, 1999. RECOMMENDATIONS: Zoning Officer Recommendation The Zoning Officer recommends approval of the rezoning. • The request complies with the provisions of the Comprehensive Plan. • The proposal meets all dimensional requirements. • Permitted uses listed for the proposed AS district are appropriate to service the surrounding agricultural uses.Please refer to the attached Information Memorandum. Hinkley stated that the public hearing oral part is over for this particular item but the books are open for people to write letters. He distributed letters to the Board received from interested citizens(copies attached). He discussed the concerns raised at the public hearing. He noted that Mrs.Ralph Berry's issue of not being informed of the meeting was legitimate. He stated that this was an error on the part of the staff because the land was shown on a different tax map. He noted that staff recommendations are noted above. McAdams stated that since Mrs.Berry was not notified, if she decides to bring this up to the court system,it could invalidate the Planning Board's findings. Benedict responded that there is a potential to that but that Mrs.Berry did have the opportunity to participate in the public hearing. Mrs.Berry stated that the apology letter she received,which said that everyone was notified,was also illegal. Selkirk asked again about what type of use will be on the rezoned property. Hinkley stated that the use can be discussed and if the property were rezoned it would be in no way bound to the use that was discussed. It would be bound to the uses that are permitted in the district,those by right and by Class A and Class B Special Use Permits. Bill Harrington,a member of the community,asked at what point the definition of the uses of the Agricultural Service zoning can be contested. Hinkley responded that it can be contested before the Board of County Commissioners in requesting them to consider changes in the list of uses that are permitted or to change the zoning text. Harrington stag that he thinks that the proposed use is not appropriate for the district: He stated that this is an industrial use and what has been proposed is not at all conducive to an agricultural environment. 9