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ac: 7 PAcc 115 <br />MINUTES OF THE ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />May 13, 1968 <br />The Board of County Commissioners of Orange County met in the Commissioners <br />Room of the Courthouse in Hillsborough at 8:00 P.M. on Monday, May 13, 1968 in <br />special session. <br />Members Present: Chairman Harvey D. Bennett and Commissioners William C. Ray, <br />Henry S. Walker, Carl M. Smith and Ira A. Ward. <br />Members Absent: None <br />Lucius Cheshire County Attorney, by letter presented the following opinion, <br />relative to the May 6th action of the Board on the re-zoning of the 15 acres of <br />land owned by Forrest Heath. <br />"We have, as requested, given careful consideration to the legal aspects in <br />connection with the rezoning of Mr. Forrest Heath's property. It is our <br />opinion that the action taken Monday, May 6, 1968, by the Board of <br />Commissioners of Orange County in rezoning the property of Mr. Heath as a <br />mobile home park and imposing a different set of standards on said park <br />than the standards applicable to other mobile home parks within the area <br />controlled by the Chapel Hill Township zoning ordinance, i.e., limiting <br />the number of mobile homes to sixty on a 20 acre tract, was ineffectual <br />and could not legally be done. The ordinance itself determines the standards <br />for the various classes of districts and these standards must apply equally <br />within each:class. <br />Discussion ensued. <br />Upon motion of Commissioner Ward, seconded by Commissioner Ray, it was moved, <br />that the Board rescind the action taken on May 6th, said motion stated, "that <br />15 acres belonging to Forrest Heath be re-zoned from a residential area to a <br />mobile home park area upon the condition that the re-zoned area plus 5 acres, <br />presently zoned for a mobile home park area, not exceed 60 trailer spaces which <br />said trailer spaces shall be evenly distributed throughout the entire 20 acres". <br />Chairman Bennett called for a vote on the motion; there were 3 ayes and 2 <br />naves. Chairman Bennett declared the motion passed. <br />Upon motion of Commissioner Smith, seconded by Commissioner Ray, it was <br />moved and adopted, that the matter of the rezoning of the Forrest Heath property <br />be referred back to the County Planning Board and that a copy of the letter <br />from the County Attorney be forwarded to the County Planning Board. <br />There being no other business to come before the Board said meeting was <br />adjourned. <br />Harvey D. Bennett, Chairman <br />S. M. Gattis, Acting Clerk