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6 <br /> VOTE ON THE MOTMDN: UNANIMOUS. <br /> Geoffrey Gipahul informed the audience and Board members that the <br /> Special Use Permit process is not generally a public process. The rule is <br /> that a public hearing is held for the purpose of hearing evidence as to <br /> whether or not the conditions that are required by the Ordinance are met. As <br /> a general rule, the Board has open meetings where people are allowed to speak <br /> whenever they want. Excluding people from speaking on Special Use Permits is <br /> new and required by law once the public hearing has been closed, because it is <br /> only the evidence presented at the public hearing that maybe considered. <br /> Commissioner Walker noted that people need to be educated as to the <br /> process and it should be put in the advertisement. <br /> Chair Mallhoit suggested that the advertisement be more explicit and <br /> that the agenda abstract indicate whether or not a public bearing is <br /> appropriate or not. <br /> • +111421 Alks- AND ACE e.P.44 410; _ <br /> (Public Hearing to receive the recommendation of the Planning Board) <br /> Planner Susan Smith presented for decision a proposed rezoning <br /> request submitted to public hearing on February 25, 1985 and continued to <br /> August 26, 1985. The applicants requested a rezoning for 41.86 acres of land <br /> located at the southwest corner of N.C. 86 North and Coleman Loop Road. The <br /> present zoning classification is R-1 Residential while the requested <br /> designation is R-3. The Planning Board recoumends approval of the request. <br /> PUBLIC BEARING WAS DECLARED CLOSED. <br /> Motion was made by Cbcmissioner Carey, seconded by Connissioner <br /> Lloyd to approve the recommendation of the Planning Board and the positive <br /> findings of fact for Article 20.3 and Article 4.2. <br /> VOTE: MINIMUM. <br /> 1:1-10AW, 1.2A1E.." 1ALDAN 4 4AN 14AWN_ '6LC <br /> (Public Hearing to receive the recommendation of the Planning Board) <br /> Susan Smith presented for decision a proposed rezoning request <br /> submitted to public hearing on February 25, 1985 and continued to August 26, <br /> 1985. The request is for rezoning of 12.40 acres located along Harper Street <br /> and Dixie Drive north of Hillsborough. The present zoning classification is <br /> R-1 Residential while the requested designation is R-4. The Planning Board <br /> recommends approval of the request. <br /> PUBLIC HEARING WAS DECLARED CLOSED <br /> In answer to a question fromaandssioner Marshall, Smith indicated <br /> that the Planning Board did consider the Hillsborough recommendation. The <br /> decision of the Board was based upon previous decisions by the Town of <br /> Hillsborough where a portion of the property is in the Town's jurisdiction. <br /> The Planning Board choose not to make a distinction at this stage to lower the <br /> density, since the Town had approved higher densities in similar instances. <br /> Motion was made by Cbcmissioner Marshall, seconded byCbcatissioner <br /> Carey to approve a rezoning of the property owned by Robert A. and Rachel S. <br /> Scholar to and the positive findings of fact in accordance with the <br /> requirements of the Ordinance. <br /> A substitute motion was made byanadssioner Lloyd to approve the R- <br /> 4 rezoning. <br /> VOTE ON THE SUBSTITUTE MOTION: AYES, 2; NOES, 3 (Chair MI3)hoit and <br /> Commissioners Marshall and Carey) . <br /> VOTE ON THE ORIGINAL MOTION: AYES, 4; NOES, 1 (Cbccissioner Lloyd). <br /> 13iErREEMM-AMJAR.3101.2Mitinan <br /> Susan Smith presented for consideration of approval the Preliminary <br /> Plan for the property of John and Vida Tubiolo. The property is located on SR <br /> 1555 (Miller Road) in Hillsborough Township. Che 4.6 acre lot is proposed. <br /> The Planning Board recomnended approval of this subdivision on September 16, <br /> 1985. <br /> Motion was made by Commissioner Carey, seconded by Cbmmissioner <br /> Marshall to approve the recommendation of the Planning Board. <br />