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Commissioner Eggert pointed out that once rezoned, this <br />property could be sold and something totally different done with <br />it. <br />Commissioner Adams thought perhaps the Board needed a workshop <br />on the affordability housing unit/element in the Comprehensive Plan <br />so there is a consistency. One of the things that concerned her <br />was the effort of the builders coming in and asking for their land <br />valuations to be reappraised for tax purposes because of tax <br />credits. <br />Chairman Eggert reminded them of the ex parte restrictions <br />concerning the River Park Place hearing which will be before them <br />on January 28, 1997. <br />THE CHAIRMAN CALLED THE QUESTION and the motion <br />carried 3-2 with Commissioners Ginn and Macht <br />casting the dissenting votes. (Ordinance No. 97-01 <br />adopted.) <br />Attorney Dill expressed his thanks and advised the Board that <br />he has been assured by his clients that they will not apply for <br />density bonus for this project and he has seen the proposed site <br />plan for this project and assured the Board that all units are <br />focused as much as possible to the center of the tract. There is <br />extensive open space on the west side and he thought that the <br />neighbors would find it compatible once it goes into place. <br />County Attorney Vitunac cited the Snyder case and advised them <br />that once the applicant showed that he had met all the County's <br />criteria, the burden was on the County to show by evidence that it <br />would be better to keep the existing zoning. He thought that with <br />the evidence presented by staff that the Board was obligated to <br />vote for it. <br />Commissioner Ginn was not sure that all the conclusions were <br />consistent and reiterated her feelings against the rezoning. <br />County Attorney Vitunac explained that it was a dramatic <br />change in the powers of County Commissioners to deny zoning. From <br />now on, they are required to have a presentation with facts and <br />competent evidence to show that the County has the right to deny <br />rezoning. <br />Commissioner Macht thought there was no argument on that, but <br />thought it was an anomaly of the law that produces a very <br />undesirable product that the Board can do nothing about. Kyle's <br />Run came to his mind as a shocking example of one of the ugliest <br />intrusions along an otherwise beautiful boulevard. <br />32 <br />January 21, 1997 <br />BOOK l u a f,,, 3J 7 <br />