Minutes 02-04-2025-Business Meeting

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