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(CLERK=S NOTE: Chairman Macht declared a brief recess at 10:10 a.m. The <br />meeting was reconvened at 10:20 a.m.) <br />9.A.3. PUBLIC HEARING - ORDINANCE NO. 2003-038 - <br />APPROXIMATELY 135.77 ACRES REZONED FROM A-1 TO RS -3 <br />REQUESTED BY SMIGIEL PROPERTIES - WEST SIDE OF 43RD <br />AVENUE NORTH OF 25TH STREET SW AND SOUTH OF 17TH <br />STREET SW (Quasi -Judicial) <br />PROOF OF PUBLICATION IS ON FILE <br />IN THE OFFICE OF THE CLERK TO THE BOARD <br />Chairman Macht requested that in the future the Commissioners get an early <br />warning on any quasi-judicial items that will be coming up in order to guide themselves. <br />Community Development Director Robert Keating stated that his office will send notice as <br />soon as a project comes into his department. <br />Then, Director Keating reviewed the memorandum using a Power Point <br />presentation. (Filed with the backup in the Office of the Clerk to the Board.) He reviewed <br />all the criteria and consistencies and advised that staff recommended approval. <br />The Chairman opened the public hearing and asked if anyone wished to be heard in <br />this matter. <br />Shawn Smith, 2169 42'ld Court SW, noted there are active groves nearby. He feared <br />that slow draining/flooding problems currently experienced in his neighborhood would be <br />exacerbated with this proposed new development. He noted there is a health concern if <br />floods cause a back up of their septic tanks into their homes. He opposed this application <br />because the infrastructure is just not there and the school system is filling up quickly. All <br />December 2, 2003 <br />15 <br />