Laserfiche WebLink
Commissioner Lyons asked if the applicant is proposing to <br />delete the southwest 10 acres from the rezoning request, and <br />Attorney Stewart stated that they are requesting to rezone the <br />entire acreage to RM -6 and suggesting that the buffer zone be <br />accommodated through the site plan process. <br />Director Keating pointed out that the site plan process and <br />the rezoning requests go through different avenues. The site <br />plan process is final at the P & Z stage, while the rezoning must <br />eventually come before this Board. Coupling the site plan with <br />the rezoning does not give any more feeling of security than <br />going ahead normally. <br />Chairman Scurlock felt the most logical approach would be to <br />omit the agricultural land and track that along and have the site <br />plan and rezoning approved at the same time. That procedure, <br />along with the deed restriction that the developer has most <br />graciously offered, would put the residents in the area more at <br />ease even though the process might take a little longer. <br />Commissioner Lyons understood that Attorney Stewart had made <br />that offer, and Attorney Stewart stated that if the 10 acres is <br />omitted, that is certain an avenue they would pursue. <br />Lengthy discussion ensued regarding the possibility of <br />omitting the southwest 10 -acre parcel and bringing it back <br />through the cumbersome procedure of getting the rezoning and site <br />plan approval simultaneously. <br />Attorney Vitunac believed the advisability of the rezoning <br />for its own protection should depend on our Zoning Code and not a <br />promise from the developer to give us an easement. Even if he <br />gives us an easement, there is some doubt whether it would be <br />enforceable if he were to take it back because it is a gratuitous <br />offer to buy a zoning that he would not have received under the <br />County's zoning protection. He pointed out that the County has a <br />PRD process where the zoning and site plan are considered at the <br />same time. <br />23 BOOK 63 798 <br />MAR 5 1986 <br />