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APPROVED 11/11/2013 <br />OC Board of Adjustment – 9/10/2013 Page 8 of 38 <br /> 1 <br />Jeff Schmitt: In the midst of any of the oversight management groups being changed, was there 2 <br />any change to the special use permit that was initially approved by the Board of the County? Did 3 <br />we make any changes or it was just subsequent management and they adopted what was there. 4 <br /> 5 <br />Michael Buck: If you want that on the record, I think Mr. Harvey should answer that. 6 <br /> 7 <br />Michael Harvey: The special use permit has not been modified since its adoption in 1986. New 8 <br />developers came in and renamed the project from Scotswood to Churton Grove as part of the 9 <br />process to begin and initiate development. The change of name does not constitute a 10 <br />modification which by the ordinance required the County Commissioners to review and approve it. 11 <br /> 12 <br />Jeff Schmitt: It was approved as a planned development with the special use permit. I am here 13 <br />just citing some of the regulations concerning the planned development ordinance so the 14 <br />ordinance for planned development is intending to provide certain benefits to the public. Among 15 <br />those is a higher level of amenity in all types of development and equivalent or higher degree of 16 <br />zoning regulations. 17 <br /> 18 <br />Geof Gledhill: Mr. Chair, let me object to this until it is clarified what zoning ordinance you are 19 <br />referring to. 20 <br /> 21 <br />Michael Buck: Certainly, Orange County Zoning Regulation Section 7.1 and 7.2. 22 <br /> 23 <br />Geof Gledhill: As they existed on May 20, 1986. 24 <br /> 25 <br />Michael Buck: Yes sir. The intent of the planned development, as an ordinance to provide higher 26 <br />levels of amenities, to provide certain benefits to the community as well as to the county. 27 <br /> 28 <br />Geof Gledhill: The document you have in front of you, two versions of the zoning ordinance, both 29 <br />with respect to this is the same, one of those is exhibit….. 30 <br /> 31 <br />Michael Harvey: Mr. Gledhill is referring to Exhibit H which is a draft zoning ordinance for Orange 32 <br />County North Carolina dated June 17, 1981 and Attachment I which is the Zoning Ordinance for 33 <br />Orange County North Carolina last amended on April 21, 2009 and in full force and effect on 34 <br />February 13, 2008. 35 <br /> 36 <br />Jeff Schmitt: In a definitional sense, what does “to an equivalent or higher degree mean” and 37 <br />what does an “approved level of amenities mean”? 38 <br /> 39 <br />Michael Buck: It will be difficult to access. 40 <br /> 41 <br />Geof Gledhill: For reasons that will become clear later, I am going to object to this testimony. 42 <br />The testimony concerning what this ordinance says, the ordinance is what it says, furthermore, 43 <br />this appeal cannot be of whether or not the special use permit conforms to the ordinance. That is 44 <br />not within the Board of Adjustment’s jurisdiction. 45 <br /> 46 <br />Michael Buck: I would concur; I am not making any such claim. 47 <br /> 48 <br />Geof Gledhill: You can hear him but my suggestion would be for you to listen to him but rule on 49 <br />the objection to his testimony about what the ordinance contains. 50 <br /> 51