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38 <br /> 1 Slide #7 <br /> At150 Dwellings "kjg r <br /> 00 Dwellings <br /> a� <br /> S �s <br /> 2 <br /> 3 Chair Bedford asked the County Attorney if the Board should be considering the proposed <br /> 4 alternative, or the plan as it was submitted originally. <br /> 5 John Roberts invited James Bryan, Staff Attorney, forward to address the Board's legal <br /> 6 questions about this application. <br /> 7 James Bryan said because the modification was brought forward before this meeting and <br /> 8 is being heard by everyone in the room, due process has been followed, and proper notice has <br /> 9 been provided. He said if something new were to be proposed after the public hearing, it would <br /> 10 be more of an issue. He said if this were a substantial change, it would also have been an issue, <br /> 11 but he does not consider this to be a substantial change. <br /> 12 Commissioner McKee asked why this is not a substantial change. <br /> 13 James Bryan said the Board is still considering a rezoning to a conditional district and is <br /> 14 still considering the same changes to the UDO and Comprehensive Plan. He said a good way to <br /> 15 think about it is to ask, "if this was a new application, would it result in the same process being <br /> 16 followed?" <br /> 17 Commissioner McKee said he was very concerned that this change came through with <br /> 18 such late notice. <br /> 19 Commissioner Greene said she wants to hear from everyone possible tonight, but given <br /> 20 this change, she does not think the Board will finish deliberations tonight. <br /> 21 Commissioner Fowler asked what the applicant is actually asking for the Board to consider <br /> 22 and why did they make the change. <br /> 23 Scott Radway said they are requesting the Board consider the 100-unit proposal. He said <br /> 24 this is not a change in land use, it is a change in form of land use. He said the reason they made <br /> 25 the change is because they heard from a lot of people who thought 150 units was too intense for <br /> 26 the area and wanted to address those concerns. <br /> 27 <br /> 28 <br />