Agenda - 02-27-1989 - Laserfiche WebLink

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Hon. Moses Carey, Chairman February 27, 1989 Page 5 actually "taken." If the shoreline of the Seven Mile Reservoir is calculated to be 10 miles, this would represent an additional strip of land 10 miles long and 50 feet wide that would have to be dealt with in terms of some form of severance damage. To give you some idea of the quantity involved, this would represent approximately 60 acres in some form of severance damage that would have to be dealt with. Since the Water Quality Critical Area overlay already protects the public concern, there is no need to put the public to potential extra expense when it is not necessary. The Water Quality Critical Area zoning will raise enough severance damage questions on its own. The public should not have to bear the expense of a PID-I buffer on top of it. Incidentally, we do acknowledge that the drafters of the proposed ordinance had the foresight to allow the Planning Director flexibility in waiving the width of the buffer requirement based on certain conditions being satisfied. After reviewing these conditions, however, we feel that they are quite narrow and relate primarily to the need to implement a septic system within the buffer. The legal consequences of the "taking" precipitated by the designation of the Seven Mile Creek site as PID-I are far broader than the stated exception adequately addresses. Summary. For all of the reasons set forth above, the Brown family respectfully requests the Board to withdraw its Seven Mile Creek site from the list of properties to be rezoned as a Public Interest District. The Brown family has no comment to make about the appropriateness of PID zoning in other portions of the county. With respect to its impact on the property owned by the Brown family, however, the family feels strongly that it would be legally, economically and practically unwise to make that designation. Since the County owns the property, it can always act at a later time. We commend to you a thorough study of all of the issues raised by this statement and hope, after you have read it, you will determine that this property should be withdrawn from the inventory of properties to be rezoned.