AG 2005 04 18 - Laserfiche WebLink

Home Browse Search

12 Mr. Koch said his memo says what it says and you as the commission have to determine whether they consider it to be credible and supportive in what is in its content. He said the point that the Chair made, just a moment ago, that his memo seems to indicate that seats for students for potential owners of houses in this subdivision might not be available for a period of 15 years. That is what the memo seems to say. Mr. Koch said all he can do is look at it the way the Board does. He said he does not think he can say much more about that. If the build out is less than 15 years or starts presumably immediately from what the applicant just testified to, it will be six years from now, it would seem based on Mr. Kluttz, there will not be seats available. He said again, he can only read it for what it is. Typically in the past on these the Board has chosen to approve them if they met the requirements of the ordinance in every aspect except for adequate public facilities. The Board imposed the condition that the applicants work out an agreement with the County Commission concerning the facility fee that they have imposed. Mr. Koch said you done that in the past and he does not think that binds them to do that in the future. He said he thinks that is a decision the Board can make based on their interpre~atjon of the ordinance. Mr. Koch said he does not think that rises to the level of legal precedent that would require that all be handled in that fashion. The Chair said at no time has the BOilrdreceived a letter from Mr. Kluttz this direct. He said this time he has figure@-.:"\ the new schools and there is no adequacy currently. ' ~~T' . Mr. Starnes said the only SafegS)d that this board has had and the county has had is one thing and that has been the adequate school facilities ordinance. Mr. Starnes said we have a situation here which has been on-going. The over crowded ness, the development, the roads are not handling the traffic, and the only thing that has been a tool to control the growth is this adequate facilities ordinance. Mr. Starnes said now is the time to put up or shut up. He said we have it and it's time to either use it or take the payoff and turn the other way. What this board has done before is they have always taken the payoff. He said it is either up to this board or the County Commissioners to decide, is this an actual ordinance or is this just a payoff and let it go. Mr. Moore said he would like to further note on what council said about in the past what this board has done. He said he think that has only been for a limited amount of time that this board took that approach. Mr. Moore said he does not believe that anyone on this panel liked it. It was presented to this board as a way to expedite certain claims. He said this board was not doing their job the way it was defined and that is that everything has to meet all the levels of the ordinance requirements. The Chair entertained a motion on Petition C05-06(S) with findings of fact. E-\