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�Kfor,-the,„residents of this particular area. Yes, this is an <br />environmentally important piece of property. His clients <br />recognize that and agree that some ,effort is going to have to be <br />made to preserve. He believed the Planned Residential <br />Development (PRD) with its contraints would be the best approach <br />to protect this property's development as its contraints would <br />enable the Planning staff to guide, direct and control <br />development. Assuming the County doesn't acquire it, and he <br />understood there is nothing budgeted for its acquisition, he <br />noted that if they come in with a single-family plat for the RS -1 <br />portion of the property, there is not a lot of discretion except <br />in terms of concurrency and what they can do with the property. <br />Attorney Vitunac interrupted at this point to say that this <br />041 <br />is a very important issue, since his office has a different <br />opinion from that of Attorney O'Haire. He felt that Attorney <br />O'Haire should hear the County's opinion now before we get lost <br />in some other part of the argument, and advised that Assistant <br />County Attorney Will Collins will present that opinion. <br />Attorney Collins advised that the question came up at the <br />P&Z meeting that if the property was not rezoned, would they have <br />a right to proceed and have a development order issued on the <br />property as a matter of right. Right now, State law says that <br />all development orders must be consistent with the Comp Plan, <br />which defines development orders to include not only rezonings <br />but also subdivision plat approvals, and before a development <br />order can be issued, it has to be consistent with the land use <br />element of the Comp Plan. Therefore, a plat approval should go <br />through the same consistency review to see if it is consistent <br />with the Land Use element of the Comp Plan and consistent with <br />the Conservation, Housing and Economical Development elements. <br />That kind of a review must be gone through before a subdivision <br />plat can be approved. It may very well be that at the current <br />zoning of RS -1, it would be found to be consistent with all those <br />31 <br />M <br />