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Planning and Zoning Commission Minutes <br />September 19, 1991 Page 17 <br /> <br /> plant, but the special use is the type of business he is <br /> going to put in. This system was designed to let the <br /> neighbors know what type of O-I use or what type of light <br /> industrial use would be on that particular piece of <br /> property. He thinks the Board is getting the information <br /> they have requested and have gained some information from <br /> them, but we do not have a requirement.that they have to <br /> submit it. Mr. Hurlocker stated in this particular use <br /> the Board is talking about rezoning to (SU), we have been <br /> told what type of use will be put there and in his motion <br /> prior to permits, just as the ordinance requires, the <br /> staff will review the site plans. As points were being <br /> made, he said he would just like to mention that. <br /> <br /> Mr. Amos stated he agrees with Mr. Hurlocker's statement <br /> about the competency of the staff and in the staff <br /> analysis, he would like to quote two things. First, it <br /> says the petitioner has submitted some information <br /> necessary for the evaluation, but many important items <br /> have not been submitted. And secondly, questions about <br /> buffering, design compatibility with residences, parking, <br /> ingress/egress, and landscaping need to be properly <br /> answered before this rezoning should be approved. His <br /> determination of a site plan would be the proper way of <br /> addressing those questions. <br /> <br /> Mr. Newton stated in respect to previous comments, he <br /> would like point out the reason that we have what is <br /> shown, unless we are willing to take on litigations on <br /> each and every case, we cannot get into what we are <br /> that is contract and it is <br /> talking <br /> about, <br /> zoning <br /> illegal. <br /> What we can do, and how the special use was designed, was <br /> to work around that to request as much details, if you <br /> are not comfortable with the details, put on conditions <br /> that make you feel comfortable. We have gone through <br /> this item before, it is again the use under review, it is <br /> a special use review. The Board should feel comfortable, <br /> if you are not feeling comfortable with it, try to <br /> garnish out the information from the applicant here. The <br /> bottom line on this is, we cannot defer and require in <br /> that same action. We cannot have the applicant to defer <br /> and we as a Board or even the staff in directing the <br /> applicant to return with a site plan. When you do that, <br /> you are working into an area that is illegal, it is <br /> contract zoning, you are requiring information that we <br /> cannot require at this point. We have gone as far as we <br /> can in requesting it, you have seen the letter, you have <br /> heard what the applicant has indicated to us. This is a <br /> <br /> <br />