Agenda - 06-03-2008-5b5e - Laserfiche WebLink

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PLANNING BOARD ACTION -SUP APPLICATION: As the Board is akeady aware, this application has both a legislative rezoning request and aquasi- judicial Special Use Permit component. The Special Use Permit portion of this project will be discussed once there is a recommendation on the rezoning petition. As the Board is akeady aware, within a quasi judicial process written findings of fact are required. The Board making the decision must explicitly set forth what it determines to be the essential facts that it is basing its decision on and must also make specific findings of fact and provide specific detail to inform all parties, and a reviewing court, as to what induced the decision. It needs to be remembered that a conclusory statement that a standard has, or has not, been met is insufficient. ARTICLE EIGHT (8): In reviewing this portion of the project, the Planning Board will be asked to begin making recommendations on the issuance of the Class A Special Use Pernvt in accordance with the provisions of Article Eight (8). .ARTICLE SEVEN (7) -SECTION 7.5.4: In. additional to the provisions of Article Eight ($), Section 7.5.4, specifically subsections (d) and (e), will be part of the Special Use Permit review process as they relate to the proposed design solutions and conditions of approval for the project. As a reminder, subsections (d) and (e) of Section 7.5.4 ;' read as follows: (d) As to tlae suitability of plans proposed or the desirability of amendments; and (e) As to the adherence to PD or general regulations w~ as to desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessafy or justified in the particular case by demonstration that tlae public purposes of PD or other regulations would be naet to at Zeast an equivalent degree by such modifications. STAFF COMMENT: In accordance with Article Eight (8) and Section 7.5.4 of the Ordinance, staff will be supplying the Board with the typical Class A SUP Findings of Fact document once there has been additional review and discussion of staff's recommendation by the Planning Board. 51