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Minutes - 19860224
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Minutes - 19860224
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BOCC
Date
2/24/1986
Meeting Type
Public Hearing
Document Type
Minutes
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55 <br /> The Planning Staff recommends denial of the general rezoning <br /> request. The Staff further suggested that the site only be <br /> developed upon submittal and approval of a planned <br /> development rezoning request which is preferable to a <br /> general rezoning request given recognized existing and <br /> potential traffic impacts resulting from the current and <br /> expanded use of the site, the location of the site within a <br /> designated protected water supply watershed and the desire <br /> to provide as much protection to the quality of local water <br /> supply in the site development process, and County policies <br /> (MTC district) directed at the the establishment of and <br /> compliance with aesthetic standards along major entranceways <br /> into the County within the County' s planning jurisdiction. <br /> BOARD COMMENTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING <br /> Planning Board member Steve Kizer suggested delaying the decision <br /> on this item since GC-4 is not presently permitted in Cheeks Township. <br /> He objected to considering this item at the same time that a change is <br /> being considered in the Zoning Ordinance to permit GC-4 in Cheeks <br /> Township. <br /> Planner Susan Smith explained that the staff had considered this <br /> point and felt that a precedent had been set previously where changes <br /> in the Zoning Ordinance were tied to specific development projects and <br /> were heard at the Public Hearing at the same time. <br /> Dr. Gordon indicated she wrote and requested the Board of <br /> Commissioners consider a policy statement for when there is a change <br /> in the Zoning Ordinance that is directly tied to a development project <br /> which is under consideration at the same time. No policy has been <br /> set. <br /> Kizer pointed out that evidence will be heard on the advisability <br /> of such a change and the Board does not know, at the present time, if <br /> the criteria submitted for the proposed rezoning will be applicable. <br /> Attorney Geoff Gledhill noted that the property cannot be rezoned <br /> GC-4 until such a zone exists in that township. Holding the public <br /> hearing for the rezoning at the same time the change is being <br /> considered is not illegal. <br /> Chair Willhoit requested that a policy be considered on the next <br /> agenda to address this concern. <br /> Kizer reiterated that it is unappropriate that evidence will be <br /> heard for proposed changes that are not yet enacted. The item should <br /> not have been considered for public hearing because GC-4 is not <br /> approved in Cheeks Township and the project could not have fulfilled <br /> the requirements. <br /> Commissioner Marshall stressed that those things for which <br /> evidence is given may not be appropriate when the time comes to make a <br /> decision. <br /> PRESENTATION BY THE APPLICANT <br /> David McClellion, one of the owners of Orange County Investors, <br /> indicated he is not familiar with the zoning ordinance. At the time <br /> he purchased the property there was no zoning. The project was <br /> started before zoning was approved. There is a problem of security on <br /> the property because of the lack of providing a place for someone to <br /> live and secure the place. Another problem is signage. At the <br /> present time the business is a nonconforming use and no signs can be <br /> erected. He would prefer a general rezoning. He feels he has the <br />
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