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Minutes 09-08-2014 QPH
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Minutes 09-08-2014 QPH
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BOCC
Date
9/8/2014
Meeting Type
Public Hearing
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Minutes
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Agenda - 09-08-2014 - Agenda
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Michael Harvey said he cannot think of a situation where an extension would not be <br /> allowed. <br /> James Bryan said special use permits require a quasi-judicial decision and a fair trial <br /> standard. He said this is ill defined, but there are principles of equity and fairness, so you <br /> cannot repeatedly continue an application as a means of delay. He said you need to articulate <br /> a reason for delaying. <br /> Commissioner McKee said he agrees with most of what is being said. He wants to <br /> make sure there is transparency for the public, and no one is blindsided. He said this <br /> discussion is about the time before a public hearing, and he notes that there is no guarantee <br /> that an item will pass once it gets to a public hearing. He said there has already been a lot of <br /> talk over the years about the time that it takes to get a project to completion, and he agrees with <br /> the staff recommendation of 30 days. He thinks a longer time frame would extend the time <br /> frame too much. <br /> Commissioner Rich asked if the Board is going to re-visit the previous question about <br /> solar companies and how other governments have handled these. <br /> Michael Harvey said this update will be presented at the October 7th meeting. <br /> Pete Hallenbeck said he has lots of notes for the Planning Board, and he is sees the <br /> following four main issues: 1) Determining the number of days prior to the first public hearing, as <br /> well as the idea of informing the public of new applications as soon as these become public, 2) <br /> the need for more details on the information that an applicant must provide at the public <br /> information meeting, 3) determining who owns the information and details—the planning <br /> department or the applicant, and 4) determining the most convenient location and hours of <br /> meetings. <br /> Pete Hallenbeck invited comments from the Planning Board members. <br /> Tony Blake said the issue that seems to be missing for him is the 500 feet requirement. <br /> He said this is probably adequate notice in town or in subdivision areas, but in the County you <br /> may not have a neighbor within 500 feet. He noted that the issue with the placement of the fire <br /> station involved complaints from people half a mile away. He said it was also not clear to him <br /> who the applicant was in the case of the fire station. <br /> Lydia Wegman said she is speaking as a member of the Planning Board and as a <br /> member of the public. She said she has concern about 30 days, and this time would have been <br /> insufficient for her neighborhood in the case of the solar project. She said only 17 days was <br /> allowed to get information to a neighborhood of 90 homes. She said 30 days is an <br /> improvement, but this is a quasi-judicial process, and it involves attorneys and appraisers. She <br /> has suggested 90 days, but even 45 would be better, because it takes a lot of effort, time, and <br /> money to organize a neighborhood if there is a project of concern. <br /> Chair Jacobs said there is a lot to consider. <br /> Michael Harvey asked if there is any consensus from the Board regarding what timeline <br /> they would like the staff and Planning Board to review. <br /> Chair Jacobs said he thinks the two options are 30 days or 45 days. <br /> Commissioner Price expressed her support of Tony Blake's comments regarding the <br /> extension of the 500 foot limit. She feels it should be greater in the rural area. <br /> A motion was made by Commissioner Rich, seconded by Commissioner Price for the <br /> Board to: Refer the matter to the Planning Board with a request that a recommendation be <br /> returned to the County Board of Commissioners in time for the November 18, 2014 BOCC <br /> regular meeting. Adjourn the public hearing until November 18, 2014 in order to receive and <br /> accept the Planning Board's recommendation and any submitted written comments. <br /> VOTE: UNANIMOUS <br />
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