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Attorney Calvin Brown came before the Board <br />representing Robert Fisher and emphasized that this property <br />is within an industrial node as designated in the Master <br />Plan, and the rezoning would be compatible with the <br />surrounding area. <br />The Chairman asked if anyone present wished to be <br />heard. There were none. <br />ON MOTION by Commissioner Scurlock, SECONDED <br />by Commissioner Wodtke, the Board unanimously <br />closed the public hearing. <br />MOTION WAS MADE by Commissioner Wodtke, <br />SECONDED by Commissioner Scurlock, to <br />adopt Ordinance 83-5 rezoning the subject <br />property from C-lA to M-1 as requested by <br />Robert Fisher. <br />Commissioner Fletcher had questions re the nodal <br />concept and wished to know if there could not be a time <br />element within which this zoning had to be utilized. <br />Attorney Brandenburg commented that some communities <br />have a rule that if the rezoning is not used within a <br />certain time, the zoning reverts back, but that has been <br />held improper. He pointed out that when the Board <br />designates a zoning use, they make a decision based on the <br />best use of that land, and to go back and change that <br />zoning, you have to show what circumstances have changed <br />since the previous decision; there must be back-up to <br />substantiate that the node, for instance, is developing in a <br />way that was not anticipated. <br />COMMISSIONER SCURLOCK CALLED FOR THE QUESTION. <br />It was voted on and carried unanimously. <br />61 <br />JAN 5 1983 K 52 `FAaE 1 <br />