Agenda - 11-03-1986 - Laserfiche WebLink

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PAGE 2 13i= Commissioner Lloyd inquired why Planning Staff would recommend Planned Development when the applicant met all the criteria for a straight • rezoning . Collins responded that the rezoning process is a more open-ended process in that the Commissioners have more latitude in making a determination as to whether or not to approve- or deny the request . The Special Use or Planned Development process is more closed in , that if certain findings-of-fact are made, then the Commissioners must Issue the permit. Through the straight rezoning process the County loses the ability to mitigate any negative impacts that result from the project whereas a Special Use Permit or Planned Development approach would allow the County to address those impacts while at the same time allowing the citizen to use the property as he wished . Collins submitted photographs showing the present condition of the property. Ken Embree, attorney representing the Turners, indicated he had mre information regarding the letter from DEM concerning the non-compliance. Mr. Turner did receive a notice of the violation in May. When the Investigator came out and • pointed the violation out to Mr. Turner, he stopped washing the heavy equipment immediately in such a way as to cause the dishcarge and has refrained from doing so since that time . Mr . Embree continued that there - is a special type of collection basin that can be constructed under design specifications from DEM to prevent the discharge from occurring again . He noted that Mr. Turner will comply with those regulations in order to request a permit from DEM; this would enable • Mr . Turner to address the concern noted by Collins . Embree continued that before Staff knew about the discharge violation, they had recommend- ed approval of the rezoning request. Embree indicated on a map that there are areas surround- ing this property that are zoned GC-4 (General Commercial -4) near the intersection of US 70 and 1 -85 . This is the only tract on the south side. of the 'access for US 70 which is not zoned GC-4. - Embree continued that Turner has submitted an Erosion Control Plan which has been approved and • has also submitted a site plan which shows the seeding of the property and the planting of trees . Mr. Embree noted that Mr . Turner had responded to all the regulations as he was informed and encour- aged the straight rezoning of the property. Lloyd inquired why, with the problem of discharge solved, did Planning Staff not go back to its original recommendation of straight rezoning .