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253 <br /> Remarks Prepared For Midway Airport Hearing <br /> July 8, 1982 <br /> ;alph M. Warren <br /> t. 1 Box 149C <br /> Chapel Hill , N. C. <br /> I have three issues to raise this evening. Two are procedural and <br /> have a bearing on the validity of whatever decision may be reached <br /> following this hearing. <br /> First, can reapplication be made for this special use permit within <br /> one year of the previous ruling? While Article 8.4 of the Zoning <br /> Ordinance does not include a specific time interval before reapplication <br /> for a Special Use permit, I believe that Article 20 provides such <br /> coverage. The procedures governing application for amendment, under <br /> Article 20, and those governing Class A Special Use applications under <br /> Irticle 8.4 are the same, both requiring action by the Zoning Officer, <br /> :he Planning Board, the Board of Commissioners, and a public hearing. <br /> Article 20-10 specifies a one year minimum delay between denial or <br /> withdrawal of a petition and the next submission of the "same or sim- <br /> ilar" application. In the absence of a specific statement in Article 8 <br /> and in view of the identical procedures, the same time period require- <br /> ments should apply to Class A Special Use applications. <br /> The second procedural point is the Planning Staff presentation of <br /> "findings of fact" and recommendations before the public has been <br /> heard. It is possible that significant points will be raised by the <br /> citizenry which the Planning Staff has not considered. A recommendation <br /> by the planning staff before all evidence is heard may apply an unfair <br /> bias to the deliberations. <br /> These two points could provide grbunds for a legal challenge to any <br /> change in the original Midway Airport decision resulting from these <br /> hearings,,. <br />