Orange County Approved Signed BOA Minutes 21 07 12

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Approved 8/9/2021 1 spoke about there not being a lot of agricultural there, I didn't get into to that. We did not have an opportunity to address 2 that issue. 3 4 Robert Hornik: Asked if he could respond to what Mr. Petesch said. This subdivision submitted and received final 5 approval. They are trying to do an end around to challenge the subdivision approval. That is what is happening here. 6 7 Andrew Petesch: Stated that he cannot let that comment stand. We requested this determination prior to them filing 8 their subdivision plat application. 9 10 Leon Meyers: Closes the public hearing and the matter is before the board. 11 12 Leon Meyers: Asked the board for their thoughts. 13 14 Beth Bronson: Stated they are asking for the interpretation of the text controls over the table. The text doesn't refer to 15 agriculture as active as it is not applicable to the zoning district. So in that sense, would you not be inclined to interpret 16 the table in the absence of text? 17 18 Nathan Robinson: Asked if she was saying if the text doesn't specifically write out what the table is saying? 19 20 Beth Bronson: Answered yes, the text outlines the use the purpose and the applicability and the intent. But in the 21 interpretation when there is ambiguity between headings and illustrations and text, the text controls. The text does not 22 specify what happens to these highways, arterial and collector streets and active farm agriculture. In that sense, there is 23 nothing to interpret in the text because it is absent. And so are you not reduced to interpreting the table? Would be my 24 question. 25 26 Leon Meyers: Stated the text says buffers occur only between different zoning districts. And the table says something 27 different. And then 1.1.2, when there is a conflict the text controls. 28 29 Beth Bronson: Ok, I just wanted to make sure I was clear about that in case there was any meaning or implication 30 between the text of this ordinance and the heading, the text controls. So, because the text states rural use buffers 31 requirements are based on the zoning districts even if that land use isn't a zoning district that doesn't match. And that 32 seems to be the interpretation of the entire board? 33 34 Nathan Robinson: Asked from a legal perspective, when you have these different words and uses there the table for 35 instance there. At the top it says for zoning of adjacent properties. From a legal perspective, we can make a 36 determination whether to discard those words and focus on the text. Is that the essence of the decision of what we have 37 to make? 38 39 James Bryan: Stated first you have to consider this is not like when you guys issue a permit, who do you believe more. 40 You have questions of fact, questions of law. Michael answered a question of law. You guys are gonna answer the 41 same question of law and if it gets appealed to superior court, that judge will answer the same question of law. Court of 42 appeals, Supreme Court it will be the same question of law. It is going to be what does this mean. There are rules to 43 figure out what it means. The first rule is the plain meaning. If it just makes sense than good. The opposite of making 44 sense is whether there is ambiguity. Is there ambiguity because one sentence isn't clear or because it contradicts 45 another one. Once you have that, then you have to say how are we going to resolve it. There are competing rules and it 46 is really complicated. You have these attorneys making good arguments and there are arguments on both sides. There 47 is a right or wrong answer, we don't know until the state supreme court tells us what the ultimate answer is. Michael 48 took his best shot. You guys take your best shot. When they talk about the cadence of construction, this is what they 49 are talking about and it is hard because we don't have a good list of them. So first, you look at the document itself and it 50 says if you have a conflict between the text and the headings and illustrations, go with the text. There are other ones, 18