2003-11-07 TCLIFTO - Laserfiche WebLink

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you assume, also, that the SMA permit before you is approved by this Commission as proposed, and if the Council denies the rezoning, then the SMA permit doesnÓt become valid at all. If, on the other hand, the Council approves the rezoning without any significant modification, then the permit is valid. If there is a need for an amendment then, at that point in time, you know, we will have to come in for an amendment. But that is a risk, thatÓs not the DepartmentÓs risk. That is a risk that the Applicant has to sustain whether he wants to wait or come back. This item, you know, in total, whether youÓve looked at the zone change or the SMA, youÓve looked at the whole project in its total. ItÓs just that one is a zone change that needs to be considered by another body, and the SMA is considered by this body. But, nonetheless, you have looked at the application. It just is unfortunate that it has to take separate tracks. And that is why that, you know, the Applicant is willing to assume the risk, not knowing what the County Council may do. You know, he would be willing to risk, you know, having the Commission decide on this matter if the Commission feels ready, you know, based on all that information. You know, I cannot speak for the Commission. You know, I mean, IÓm not a Commissioner. But like relative from the ApplicantÓs standpoint, you know, this matter, as the staff has pointed out, has been before this body for four meetings. Today is going to be the fourth public hearing on this matter. It has not been inordinately controversial, unlike other kinds of project like the one that you had this morning. We had a deferral on the second waiting for the input of the State Department of Transportation, that we got. But at the third meeting, at the last meeting, anyway, the Planning Director had, you know, made his statement. I believe that, you know, there are like sufficient basis for the Commission to make a decision. The Director had pointed out that, you know, he does, the staff does have a proposed findings, you know, for an SMA, which is generally the same as what I had presented to the Commission at the last meeting. And the conditions that I had proposed at the last meeting, not the -, what you had before you from the Applicant, is identical, you know, to what the Planning Director had recommended on the zone change. There are only two exceptions. know, is going to debate on this issue, then IÓd like to kind of like go over those items. But, you know, it just pretty much like speaks to the idea of about like the deferral or the non-deferral. Thank you. SPRINGER:Thank you, Mr. Fuke. I would just inquire of Counsel because this is an on-going and continued matter in terms of protocol and procedure. Do we ask now for the discussion that the ApplicantÓs representative is proposing or do we go into public testimony? OÓTOOLE:Well, you have to take public testimony on any agenda item, so -. SPRINGER:I wonder if we should have the ApplicantÓs representative present what new information he has for us tonight, and then go into that phase? OÓTOOLE:If you end up deferring it, then he has made his argument already on deferral, right, on why you donÓt want it deferred. So maybe we should vote on that and then take public testimony. 5