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Commissioner Scurlock brought up the oversizing of the utility <br />lines and asked if each one has been oversized and if there was an <br />explanation or analysis done on this point. <br />Attorney Vitunac commented that the utilities consultant told <br />us that the master plan force main sizes were sized on the maximum <br />number of units that could be put in under the Comprehensive Land <br />Use Plan and, therefore, it would be unnecessary and even illegal <br />for us to charge someone an impact fee for a service which we're <br />not going to do; that is, restructuring of the master plan sizing. <br />Commissioner Scurlock asked if that was verbal or if there was <br />a letter to that effect from the consultant. <br />Attorney Vitunac believed it was verbal and perhaps the <br />Director of Utilities would care to comment. <br />Assistant Director Asher said there is no letter as such <br />stating that but in discussions with Planning, it was indicated <br />that the lines were sized based on those densities that they <br />requested; therefore the five percent is not required. <br />Commissioner Scurlock stated there are two elements involved, <br />the line size and plant capacity. <br />Mr. Asher explained since this was the concurrency review we <br />do not get into plant capacity at this point, and the developer is <br />saying that when and if that impact does occur and they connect, <br />they will pay their fees. <br />Commissioner Scurlock asked when would a person have to pay <br />the five percent fee to initiate rezoning. <br />Director Keating replied that if providing water and sewer <br />service to the development should necessitate a revision to the <br />Utilities Master Plan, that would require a Comp Plan amendment and <br />the additional work involved with processing a Comp Plan amendment <br />would justify payment of the fee. <br />Commissioner Scurlock asked if it is correct that capacity is <br />available, and Assistant Director Asher confirmed that between 150 <br />and 200 taps are available and the development has 150 taps. <br />The Chairman opened the public hearing and asked if anyone <br />present wished to be heard. There were none, and he thereupon <br />closed the public hearing. <br />MOTION was made by Commissioner Eggert, <br />SECONDED by Commissioner Wheeler, to adopt <br />Ordinance No. 91-6, rezoning approximately <br />+101 acres from A-1 and RS -6 to RM -6 as <br />requested by Windsor. <br />27 <br />F`F. <br />tau <br />r. <br />FEB 206 igi <br />