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Agenda - 06-03-2008-5b1b
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Agenda - 06-03-2008-5b1b
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8/29/2008 7:56:27 PM
Creation date
8/28/2008 10:23:50 AM
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BOCC
Date
6/3/2008
Document Type
Agenda
Agenda Item
5b1b
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Minutes - 20080603
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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40 <br />PLANNING BOARD ACTION -SUP APPLICATION: <br />As the Board is ahead aware this a lication has both a le 'dative rezonin re uest and aquasi- \ <br />Y ~ pp ~ g q <br />judicial Special Use Permit component. The Special Use Permit portion of this.. project will be <br />discussed once there is a recommendation on the rezoning petition. <br />As the Board is already aware, within a quasi judicial process written findings of fact are required. <br />The Board malting the decision must explicitly set forth, what it determines to be .the essential facts <br />that it is basing its decision on and must also make specific findings of fact and provide specific <br />detail to inform all parties, and a reviewing court, as to what induced the decision. It needs to be <br />remembered that a conclusory statement that a standard has, or has not, been met is insufficient. <br />ARTICLE EIGI3T (8): <br />In reviewing this portion of the project, the Plalming Board will be asked to begin making <br />recommendations on the issuance of the Class A ,Special Use Permit in .accordance with the <br />provisions of Article Eight (8). <br />ARTICLE SEVEN ('7~ -SECTION 7.5.4: <br />In additional to the provisions of Article Eight (8), Section 7.5.4, specifically subsections (d) and (e), <br />will be part of the Special Use Permit review process as they relate to the proposed design solutions <br />and conditions of approval for the project. As a reminder, subsections (d) and (e) of Section 7.5.4 <br />read as follows: <br />C_ <br />(d) As to the suitability of plans proposed or the desirability of amendments; and <br />(e) As to the adherence to PD or general regulations or as to desirable specific modifications in <br />PD or general regulations as applied to the particular case, based on determination that <br />such modifications are necessary or justified in the particular case by demonstration that the <br />public purposes of PD or other regulations would be met to at least an equivalent degree by <br />such modifications. <br />STAFF COMMENT: <br />In accordance with Article Eight (8) and Section 7.5.4 of the Ordinance, staff will be supplying the <br />Board with the typical Class A SUP Findings of Fact document once there has been additional <br />review and discussion of staff's recommendation by the Plaauling Board. <br />C <br />
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