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MOTION WAS MADE by Commissioner Eggert, <br />SECONDED by Commissioner Adams, that the <br />Board approve the request to rezone the subject <br />property to RM -8, as recommended by staff. <br />Commissioner Macht expressed his concern over the current situation and <br />acknowledged that Mr. O'Haire was right in that this rezoning was recommended by staff <br />and the Planning & Zoning Commission. The Board has no decision power over the <br />disposition of the item in that if the Board voted to deny the rezoning, it would not hold up <br />in court. Therefore, the Board becomes a rubber stamp. The Board's only alternative would <br />be something presented by the public to refute what staff has found. He felt that densities <br />can only go up which can have a devastating effect and suggested that perhaps the Board <br />needs to look at the LDRs with an eye to restoring the authority of this Board. This <br />particular matter will not have a devastating effect but steps should be taken to ensure that <br />the Board has control. He felt there is a consistency of public opinion which says this is not <br />what the community wants. He did not believe in rezoning to support adjacent zoning but <br />felt the Board is under an obligation to support this with no ability to do otherwise. <br />Chairman Tippin felt that would be quite a sizeable subject for future discussion and <br />asked for any further discussion on the matter at hand. <br />Commissioner Ginn concurred with Commissioner Macht and wondered whether the <br />11 acres could be separated from this request. <br />Director Keating explained that the Comp Plan says that once an environmental <br />survey has been completed and the property is determined not to be wetlands and not <br />environmentally sensitive, then there is no justification for withholding the rezoning. <br />Commissioner Ginn was opposed to the increased density and concerned that <br />affordable housing could be introduced which would increase the density beyond 20%. <br />Director Keating responded that subsidized housing tax credit projects can probably <br />be avoided by the County but as far as affordable housing is concerned, staff cannot tell <br />when a project is presented whether it is a subsidized project. However, the Board will have <br />an opportunity to adopt EAR based amendment changes. <br />JANUARY 13, 1998 <br />-25- BOOK 104 FnE 82 <br />