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-oa 4 F 515 <br />.. - MAY 2 01981. <br />DISCUSSION ENSUED AS -TO WHETHER THE BOARD SHOULD INSTIGATE <br />THE REZONING OF" -THE -R-3 PORTION OF THE CUMMINS PROPERTY AND HAVE IT COME- <br />DIRECTLY.BACK TO THE COUNTY COMMISSION WITHOUT RETURNING TO THE PLANNING <br />& ZONING COMMISSION IT WAS NOTED THE OWNERS --HAVE INDICATED WILLING- <br />NESS TO GO ALONG -WITH A CHANGE T_0 R—ZB-AND POSSIBLY WE COULD JUST ASK <br />THE PLANNING &ZONING COMMISSION FOR THEIR COMMENTS WITHOUT GOING <br />THROUGH THE FORMAL PROCESS. <br />MOTION WAS MADE BY COMMISSIONER WODTKE,- SECONDED BY COMMIS- <br />SIONER -BIRD, THAT THE BOARD OF COUNTY_COMM-ISSIONERS INSTIGATE A ZONING <br />CHANGE -ON THE PROPERTY DESCRIBED AS THE CUMMINS ENTERPRISE R-3 PROPERTY <br />FROM R-3 TO R -2B TO BE ADVERTISED FOR A PUBLIC HEARING BEFORE THE <br />BOARD OF COUNTY COMMISSIONERS . <br />ATTORNEY BLOCK REQUESTED THAT THE BOARD ALLOW THE NOTICE <br />REQUIRED BY STATUTE TO BE WAIVED BY THE OWNER. <br />ATTORNEY COLLINS INFORMED THE BOARD THAT IT IS ONLY -THE <br />NOTICE" TO THE OWNER WHICH REQUIRES. 3O DAYS, AND ALTHOUGH IT CAN BE <br />WAIVED, THE PROBLEM WITH IT DOES NOT ARISE FROM THE OWNER, BUT FROM <br />SURROUNDING PROPERTY OWNERS WHO MIGHT ATTACK IT. HE COULD NOT ADVISE <br />THAT THE 30 DAY NOTICE BE WAIVED. <br />DISCUSSION CONTINUED, AND ATTORNEY BLOCK ARGUED THAT THE <br />STATUTE REQUIRING THIS 30 DAY NOTICE IS FOR THE BENEFIT OF THE OWNER, <br />NOT THE SURROUNDING PROPERTY OWNERS, AFTER LENGTHY DISCUSSION, <br />COMMISSIONER WODTKE WITHDREW HIS MOTION AND COMMISSIONER BIRD WITHDREW <br />HIS SECOND, <br />ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER <br />SCURLOCK, THE BOARD BY A 4 TO I VOTE, COMMISSIONER FLETCHER VOTING IN <br />OPPOSITION, DIRECTED THAT THE COUNTY COMMISSION INITIATE A REZONING <br />OF THE R-3 PORTION OF THE CUMMINS ENTERPRISE PROPERTY FROM R-3 TO R—ZB; <br />THAT THE MATTER BE PROPERLY ADVERTISED AND BE BROUGHT BACK DIRECTLY <br />TO THE COUNTY COMMISSION FOR DISPOSITION WITH THE UNDERSTANDING THAT <br />WE WILL RECEIVE A WRITTEN AGREEMENT FROM THE OWNER WAIVING HIS RIGHT <br />OF 30 DAY NOTIFICATION. <br />SAID WAIVER IS HEREBY MADE A PART OF THE MINUTES. <br />68 <br />9 <br />