Minutes 10-20-2020 Virtual Business Meeting

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16 Commissioner Dorosin asked if the BOCC could potentially rezone it at some point. Michael Harvey said yes, as long as LIDO notifications requirements are followed. Commissioner Price referred to the red-hatched areas on the map, with reduced buffers. She said it is hard to tell what is going on in the map, but it appears a road will go right through the protected area. She said she was adamant about preserving the 100-foot buffer, and asked if staff was in favor of allowing pavement in this area, even with potential run off issues, etc. Michael Harvey said if one looks at the totality of the County land use development regulations and storm water standards, the staff is confident that existing regulatory standards would address any potential impact. He said as it relates to the potential access road, the reduction of the buffer makes perfect sense to staff because it would allow the road to go at a narrower portion of the floodplain, than if it were further back. He said this option is a much better arrangement. He said the other area with reduced buffer showed no negative impacts, and staff saw fit to agree with the request. Commissioner Price said the Board purposefully put in a 100-foot buffer, but staff disregarded that recommendation and she said she wants to understand staff's reasoning. Michael Harvey said the BOCC can certainly disagree with staff, and insist on the 100 foot buffer. Commissioner McKee said the BOCC has received emails from the public regarding the 125 buffers that were agreed upon at the Settlers Point property. Michael Harvey said these buffers were agreed upon during negotiations at the BOCC meeting, and the 125 buffer was along the southern portion of the property only. Commissioner McKee said there has been some confusion with the public who thought that a 125 buffer would be the starting point for this project, but he said that would only be the case if it was under the Settlers Point construct. He said this is a different application, and the BOCC is not required to start with 125 foot buffer. Michael Harvey said that is correct. Commissioner McKee said he wanted clarification, as there is some confusion amongst the public. He said it is his understanding that the BOCC must start with the LIDO requirements for this property, and negotiate from there. Michael Harvey said that is correct. Commissioner Greene said she understands the 50-foot buffer that runs east west, as this one makes sense to her. She said she is less understanding of the north south 50-foot buffer that runs in the northwest corner of the property. Michael Harvey said he understands this concern. He said the Applicant requested flexibility, and staff agreed to it. He said if the BOCC disagrees, and wants the 100-foot buffer, it can deny the requested flexibility. Chair Rich asked if the map showing the need for the access point could be shown. Frank Csapo presented an access point map. Commissioner Dorosin said there is a road going around a parking lot in the northwestern corner of the property, and asked if this is within the 50-foot buffer. Frank Csapo said the road is not within the buffer, but some of the parking spaces are. He said the Developer has been trying to be creative, per Commissioner Dorosin's request. He said the land to the west of this parking area is not developable, per County ordinance, and so it was chosen as an area for buffer reduction as the impact on neighboring properties would be minimal, due to the fact that development will not happen on the neighboring property. Frank Csapo said the other buffer reduction, running east-west in the southern portion of the property has been requested as the crossing of a floodplain must be done on the perpendicular. He said to do this further in would require a much larger portion of the floodplain be crossed, and the impact will be much less if it is done lower down with a 50-foot buffer. Chair Rich asked if the distance of the building from the property edge could be identified.