7/15/2003 - Laserfiche WebLink

Home Browse Search

the mall, staff would have supported multi -family in this location if the PD opportunity were not available. The PD opportunity allows flexibility and they are preserving wetlands, significantly exceeding the open space requirements, and using the flexibility to provide a better, more innovative design. Chairman Macht felt it would be helpful in the near future to plan some public information vehicle regarding the Comprehensive Plan to correct the misunderstanding that some members of the public have in that they feel this Board has the power to limit development by just saying "no". They evidently do not understand that property rights are regulated by law and, in our case, by the Comprehensive Plan. Under our zoning categories, we have the latitude to negotiate with developers for density reductions and a more harmonious use of properties by using trade offs in the application of the law in the use of the property the developer owns. We also have the right to permit development only on the eastern side of the Urban Service Area which produces a more orderly development. We also have ourselves and other governmental agencies which own about 40% of the property in conservation use with no opportunity for development forever. That property is set aside in perpetuity and can never be built on but is kept for the benefit of public conservation issues and the enjoyment of open space. This commission and future commissions do not have the right to deny persons the right to develop their own lands. He did believe that the way our County is being developed outshines our sister counties. In response to questioning, Public Works Director Jim Davis stated that traffic distribution studies are done by computer model and are distributed from potential residential sites to employment centers and other attractors. The traffic engineer looks into the computer model and, in this particular case, there are very few commercial or employment centers to the north. Most of the commercial district is on SR -60 and logic states that people will take the shortest trip length to shopping and employment. The bridge in question is on the one -cent optional sales tax 5 -year program for replacing bridges and is in the next design group. By the time this project is acquiring certificates of occupancy, that bridge will be replaced. Commissioner Lowther asked that a stipulation be added regarding the connection of the drainage to the Sunniland community. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Adams, the Board unanimously approved the PD rezoning and conceptual JULY 15, 2003 9