Agenda - 08-20-2002 - 6a - Laserfiche WebLink

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planning board received it was our understanding that all the standards and requirements had been met and in addition to that the developer had included open space in a conventional plan which was not required and so,in a sense the staff felt that this developer had gone above and beyond the standards and so at that point while some of us may have not preferred to approve the development,it is our responsibility to follow the zoning and subdivision regulations as if any of you had an application before this body. That is what happened and I just want to let you know that you may have information that we did not have,granted,but that was the action taken by this board approximately one month ago. Price:A question.I understand that we need to hear these comments,but this is a matter oC what happens,we can't make any changes,why are we hearing this and not the BOCC and can the public,can this body address the commissioners or an appeal of some sort? Benedict:Two things. One is this is a courtesy hearing tonight that this board would like to know and staff would like to know what the community issues are. So this is just an informal courtesy opportunity for the public in this area to voice their concerns.We will put this into our memory banks and if what the thoughts of the community do not measure up with what our code says and there are needs for amendment to those codes,then we will link those codes to what the feelings of the Commission and community are. The second part of that is how can they address the Commissioners.The Commissioner;do have the opportunity to rehear the Tuscany Ridge subdivision. They have to take somebody with the affirmative vote at the next available meeting and it has to be based on. Price: somebody from where? Benedict: From the Commission. They[would]have to reconsider their vote.And it would only be on the basis that would be approved by an attorney that there is a flaw or a procedural subdivision or zoning inaccuracy that was involved with the subdivision. That is the only way to reconsider it.You cannot reconsider it on a non-legal basis. Price: Like I said I don't mind, I think we do need to hear what they have to say because I am wondering how does this issue get to the BOCC?So that they can look at you know reconsider this plan? Benedict:Based on tonight's discussions staff will put a report together to the Commissioners so that at the July 10'"meeting we heard from the community about this.They will bring their comments directly to you and it will be up to them to decide what to do about it.We will at least aggregate their comments that they have and send a staff report about what their issues are.And then it would be up to the Commissioners at their next available meeting to reconsider it,if that is their choice. Price: Ok,but just putting it into our memory banks is not enough. Benedict: I cannot overturn what the commissioners have done.Nor can you at this point.It is up to them to reconsider h. Price:but we can send a memo,do we send a memo or do you send a report coming from staff? Benedict: I will send a report that will coalesce tonight's comments.This board together with that or independent of that can send their own feelings about this project. Davis:There are verbatim minutes being taken as a request of the Commissioners. Benedict: So they will be able to read the verbatim minutes.