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2007-01-08 RM Exhibits NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/08/07 Budget Amendment BUDGET AMENDMENT Number: 07-102 DEPARTMENT: Aging BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Medicare Transition Program: Temporary Salaries FICA Printing Postage Employee Reimbursement $6,259 $478 $542 $195 $120 Revenue Decrease Increase Medicare Transition Program: Champion McDowell Grant $9,300 Appropriated Fund Balance: Appropriated Fund Balance $1,706 EXPLANATION: To budget funds received from Champion McDowell Davis Charitable Foundation to fund the Medicare Prescription Drug Assistance Program for calendar year 2007. Since County funds have been used to pay for the temporary position, $1,706 of these funds will be remitted back to the County's Appropriated Fund Balance account. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 12 z 8 I. S. ~. { AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 6,1971 (Area 5) CASE: Z-853, 11/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.5 is hereby amended by removing the hereinafter described tracts from the R -15 Residential Zoning District and placing them in the Conditional Use District thusly: 18.54 acres to be designated as CD(B-I) Neighborhood Business uses and 31.31 acres to be designated as CD(O&I) Office & Institutional uses, said lands being described as follows: Re: Re-Zoning 18.54 Acres - Bl (CD) A celiain tract or parcel of land lying and being 111 Harnett Township, New Hanover County, North Carolina and being pmi of the Senca Properties, LLC tracts a~ recorded at book 4636 page 421, book 4505 page 467 and book 5005 page 1241, records of New Hanover County, North Carolina and being more particularly described as follows: Beginning at an iron on the eastem right of way of U.S. Highway 17, said iron being the southeastern corner of said Senca Properties, LLC tract, said iron is located S 27-31-21 W 78.23 ft. from N.C. Grid Monument "Tee"and being more particularly described as follows: Proceed from said point ofbeginnillg and with the eastern right of way of U.S. Highway 17 , N 42-33-16 E 247.23 ft. to a right of way disk, thence with a curve to the left having a radius of 4068.96 it. a chord N 39-25-18 E 444.74 ft. to a point, thence N 36-17-20 E 541.97 ft. to a point on the southem line of a 60 ft. Access and Utility Easement (book 4505 page 262), thence with the lines of said easement S 53-39-50 E 202.30 ft. to a point, thence with a curve to the light having a radius of 470.00 ft. a chord S 41-23-09 E 199.90 ft. to a point, thence S 29-06-27 E 337.16 ft. to a point, thence with a curve to the left having a radius of 113.00 it. a chord S 01-00-14 W 159.04 ft. to a point, thence S 30-51- 06 W 297.28 ft. to a point, thence N 51-11-56 W 228.94 ft. to a point, thence S 41-25-09 W 514.57 ft. to a point, thence S 08-47-30 W 82.64 ft. to a point, thence S 22-49-19 W 60.02 ft. to a point, thence S 41-25-09 W 34.30 ft. to a point on the southern line of said Senca Properties, LLC trace thence with said southern line N 48-35-19 W 131.78 fl. to an iron, thence N 49-11-00 W 42.53 ft. to an iron, thence N 50-03-42 W 477.10 ft. to the point of beginning and containing 18.53 acres. All bearings are N.C. Grid (27) relative to map book 36 page 204. Z-853 Page 1 of3 Re: Re-Zoning 31.31 Acres - 0&1 (CD) A celiain tract or parcel ofland lying and being in Harnett Township, New Hanover County, NOlih Carolina and being part of the Senca Properties, LLC tracts as recorded at book 4636 page 421, book 4505 page 467 and book 5005 page 1241, records of New Hanover County, North Carolina and being more particularly described as follows: Begilming at an iron on the eastern l'ight of way of U.S. Highway 17, said iron is located N 38-57-15 E 1597.56' ft. from N.C. Grid Monument "Tee", said iron also being located S 44-38-27 W 988.43 f1. from the centerline ofScotts Hill Loop Road, and being more paliicularly described as follows: Proceed from said point of beginning and with the eastern right of way of U.S. Highway 17 N 42-07-06 E 86.15 ft. to an iron, thence N 43-52-31 E 143.22 ft. to an iron, thence N 45-14-26 E 127.36 ft. to an iron, thence leaving said right of way S 47-04-59 E 782.51 ft., thence S 53-58-27 E 493.26 ft. , thence S 53-58-14 E 338.25 ft. to an iron on the westemline ofa 60 f1. Private Access and Utility Easement (Map Book 49 Page 351), thence with the lines of said Easement S 33-30-36 W 518.41 ft. to a point, thence S 36- 33-14 W 16.30 ft. to a point, thence with a curve to the right having a radius of 300.00 ft. a chord S 60-55-57 W 247.66 ft. to a point, thence with a curve to the left having a radius of360.00 ft. a chord S 74-33-38 W 134.30 ft. to a point, thence S 63-48-37 W 112.26 ft. to a point on the n01ihem line of another 60 ft. Access and Utility Easement (book 4505 page 262), thence with a curve to the right having 355.00 ft. a chord S 20-33-18 E 62.55 ft. to a point, thence S 69-39-06 W 60.26 ft. to a point, thence with a curve to the left having a radius 0[295.00 [t. a chord N 30-18-11 W 160.56 ft. to a point, thence S 67-07- 01 W 181.53 ft. to a point, thence N 34-13-51 W 130.13 ft. to a point, thence N 64-14-30 W 136.16 ft. to a point, thence S 44-33-30 W 204.08 to a point, thence N 59-08-30 W 125.34 ft. to a point, thence N 30-51-06 E 297.28 ft. to a point, thence with a curve to the left having a radills of 113.00 ft. a chord N 01-00-14 E 159.04 ft. to a point, thence N 29- 06-27 W 337.16 ft. to a point, thence N 65-16-46 E 60.18 ft. to a point, thence N 69-56- 52 E 72.95 ft. to a point, thence with a curve to the left having a radius of 485.58 ft. a chord N 54-51-37 E 252.89 ft. to a point, thence N 39-45-25 E 117.35 ft. to a point, thence N 50-14-35 W 542.81 ft. to the point of beginning and containing 31.31 acres. All bearings are N.C. Grid (27) relative to map book 36 page 204. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No 5 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants ofthe County of New Hanover, North Carolina, and shall Z-853 Page 2 of3 be in full force and effect from and after its adoption and also subject to the companion special use permit site plan associated with this case number in accordance with Section 59.7 of the New Hanover County Zoning Ordinance, noting also that in accordance with Section 59.7 -6( 1) ofthe ordinance, a building permit must be issued within 24 months of approval or the action will be revoked. Section 5. The County Commissioners find, in accordance with the provisions ofNCGS 153A-341, that this zoning map amendment is: A. Consistent with the purposes and intent of the land classification and associated policies in the 2006 land use plan. E. Reasonable and in the public interest based on the proposed companion site plan. Adopted the 8th day of January, 2007. O~ Q,~ William A. Caster, Chairman Attest: ~\~ \..~~ Sheila L. Schult, Clerk to the Board Z-853 Page 3 of3 5 fA. fJ I V. If. , COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Commercial, Residential and Office uses in CD(B-l) and CD(O&I) Zoning Districts Z-853, 11/06 The County Commissioners for New Hanover County having held a public hearing on January 8, 2007 to consider application number Z-853 submitted on behalf of owner SENCA Properties for a special use permit to locate a mixture of commercial and residential development in a CD(B-I) Business District and certain office and institutional uses in a CD(O&I) Office and Institutional District, approved under companion rezoning action, said proposal being called "Scott's Hill Village" and located in the 9000 block of US 17/Market Street, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Public water and sewer has been extended to the property by the developer, however, the area would currently be served by the Northeast Interceptor and would be influenced by the sewer connection moratorium in the short term. B. The property accesses an identified arterial with a recently improved Level of Service D, indicating that flow is now high density but stable after the completion of "super street" improvements. Internal circulation of traffic and external improvements to the existing roadway as shown in the traffic Impact Analysis anticipate mitigating further traffic impacts on the N. Market Street arterial. C. Fire Service is available from the Ogden Fire Department. D. The property is not located in a flood hazard area. E. Stormwater retention facilities have been included on the proposed site plan. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. This request is made concurrent with conditional rezoning to CD(O&I) and CD(B-l) as indicated on the site plan. B. The proposed uses will be limited to those listed on the approved site plan for each portion. C. Petitioner proposes up to 40 upper-story residential units within the CD(B-l) portion of the proposal. 2-853 D. Petitioner proposes off-street parking of 631 total spaces for the CD(B-l) portion and 898 spaces for the CD(O&I) portion. Parking for the upper-story residential units can be accommodated as dedicated or shared parking within the CD(B-1). E. Traffic circulation system will be via internal streets and driveways with three drive accesses to N. Market Street (US 17). A traffic impact analysis has been prepared for this project which includes certain recommendations to mitigate traffic impacts of the overall project. F. The property is subject to the Special Highway Overlay District (SHOD). G. A tree survey has been provided. The eventual method of protection or mitigation will be developed in compliance with Section 67 of the county ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Stormwater management systems must be designed in accordance with the county's ordinance in order to reasonably protect adjoining properties from off-site runoff impacts. C. Recent NCDOT "Superstreet" improvements along US 17 (Market Street) in this vicinity have demonstrated improved traffic flow. D. Recommended improvements outlined within the Traffic Impact Analysis for this project will be required. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Transition Classification, meaning an area where intensive urban development is anticipated and where services are or will be provided. B. Policies in the plan support mixed use projects away from sensitive areas and in the urban services area in order to reduce dependence on the automobile. C. An existing Conditional Use District with Office and Institutional use is currently approved and under construction adjacent to this proposal 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the provisions of conditional rezoning and limitations of the attached site plan and the following additional conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. 2-853 B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. NCDOT and MPO technical staff must concur with the TIA recommendations for road improvements. D. Internal street system must provide adequate access and maneuverability to accommodate emergency vehicles to the satisfaction of County Fire Services. E. On the CD(O&I) tract, any hospital may only operate as a not-for-profit hospital, which provides health care regardless of a patient's ability to pay, consistent with federal and state guidelines. F. The project must include accommodation for public transit (buses). 7. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be issued within 24 months of approval or the action will be revoked. Ordered this 8th day of January, 2007 'tJ~C.~ William A. Caster, Chairman Attest: ~\~\ '-. ~~I~ Sheila L. Schult, Clerk to the Board Z-853 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7,1971 :ZbI ~.4 P '1~ CASE: Z-858, 12/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described tracts from the R -15 Residential Zoning District and placing them in the Conditional Use District CD(R-l 0) Classification for residential use, said land being described as follows: BEGINNING at a point in the western boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way; said point being at the northeastern corner of Beau Rivage Plantation, as recorded among the land records of the New Hanover County Registry in Map Book 26, at Page 80; and running thence from the point of beginning, South 88001'02" West, 1002.39 feet to a point; thence North 00007'26" East, 295.38 feet to a point; thence North 00039'17" West, 249.90 feet to a point; thence North 89042'44" East, 600.00 feet to a point; thence South 01000'01" East, 100.01 feet to a point; thence South 89055'12" East, 100.00 feet to a point; thence South 00004'48" West, 150.00 feet to a point; thence North 89055'12" West, 100.00 feet to a point; thence South 01048'18" West, 178.90 feet to a point; thence North 89024'40" East, 407.47 feet to a point in the western boundary of Carolina Beach Road; thence with that right-of-way, South 00025'39" East, 88.98 feet tot the point and place of beginning, containing 8.58 acres, more or less. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No 4 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare ofthe inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption and also subject to the companion special use permit site plan associated with this case number in accordance with Section 59.7 of the New Hanover County Zoning Ordinance. Section 5. The County Commissioners find, in-accordance with the provisions ofNCGS 153A-34l, that this zoning map amendment is: Z-858 Page 1 of2 A. Consistent with the purposes and intent ofthe land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest based on the proposed companion site plan. ()~Q.~ William A. Caster, Chairman Attest: ~\,~\~ "- - ~ ~tv1\- Sheila L. Schult, Clerk to the Board Z-858 Page 2 of 2 ..sL-lP,V.l\.:L, COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A High Density Residential Development in CD(R-IO) Zoning District Z-858, 12/06 The County Commissioners for New Hanover County having held a public hearing on January 8, 2007 to consider application number Z-858 submitted on behalf of owner Thomas L. Sellars, Sr. for a special use permit to locate a High Density Residential development in a CD(R-IO) Residential District approved under companion rezoning action, said proposal being located at 6210, 6212, and 6224 Carolina Beach road, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Private water and sewer provider will serve the property. B. The property accesses an identified arterial. C. Fire Service is available from the Myrtle Grove FD. D. The property is not located in a flood hazard area. E. Stormwater retention has been included in the proposed site plan and must meet the design standards of the County's storm water ordinance. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R -15 Residential. This request is made concurrent with conditional rezoning to CD(R -10) Residential District. B. The use as proposed by the applicant is limited to attached single family residential use and appurtenant garages and recreational facilities. C. Applicant has limited density for this project to 99 units on 8.57 acres, compared to 146 maximum potential density under the standard provisions of the ordinance. D. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 230 spaces compared to 192 spaces required. E. Petitioner states the project will provide 4.8 acres of improved recreational space compared to 1 .7 acres required. F. Petitioner states the project will be developed with 62.3% open space. G. Petitioner states the maximum impervious surface for this project will not exceed 37.7%, compared to 50% allowed within the ordinance. H. Traffic circulation system will be via internal driveways and must provide adequate access for emergency service vehicles. I. A traffic impact analysis was not indicated by NCDOT for this project. Z-858 J. Buffer of at least 20 feet will be required along all property boundaries. K. A tree survey has indicated regulated trees that must be protected or mitigated as required in Section 67 of the zoning ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Stormwater management must perform in compliance with the requirements of the County ordinance. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. B. Policies in the plan support higher density transition areas when public services are available. Aqua North Carolina will serve the project. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED; that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the provisions of conditional rezoning and limitations of the attached site plan and Section 69.4 of the zoning ordinance. Ordered this 8th day of January, 2007 Att v~~.~ William A. Caster, Chairman ~~\o. '--~ ~~iJ Sheila L. Schult, Clerk to the Board Z-858 .5 LA. yO IV. l!. .3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING REQUEST FOR SPECIAL USE PERMIT 8-572, 12/06 A 204 Child Development Center In An R-15 Residential Zoning District This matter came before the Board of Commissioners for hearing at its regular meeting on January 8, 2007. Based upon the Board's hearing on this matter, the Board renders the following FINDINGS OF FACT and draws the following CONCLUSIONS: FINDINGS 1. The board finds that the use would materially endanger the public health or safety if Located where proposed and developed according to the plan as submitted and approved. A. Road improvements, which the Department of Transportation and County Planning Staff have determined are needed, at the intersection of Sanders Road, on which the proposed project would be located, and Carolina Beach Road, have not yet been installed. B. In the month of November 2006, between the hours of7:30 and 8:30 AM, and 2:00 and 3:00 PM, a total ofthirty-eight (38) traffic tickets were issued on Sanders Road, twenty-two (22) ofwhich were for speeding in the Bellamy School zone. Bellamy School is a short distance from the subject site (this testimony was not rebutted). C. Petitioner's expert estimated that 1,016 trips per day would be added to Sanders Road if the use as proposed were to come to fruition. D. Unsafe traffic patterns currently occur very near the subject site, as shown by Pictures provided by those in opposition to the project, which would be made worse by the subject property under current conditions. 2. The Board finds that the use meets all required conditions and specifications ofthe zoning ordinance. A. There do not appear to be any technical deficiencies with the project, other than the failure to meet the conditions which must be met for a special use permit, described herein, which are also part of the zoning ordinance. 3. The Board finds that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No substantial evidence has been presented that the proposed use will injure the value of adjoining or abutting property values, though the Board notes that if the present dangerous traffic situation on Sanders Road were made worse with the addition ofthis project, it is hard to imagine that any positive result with regard to property values could occur. 4. The Board finds that the location and character of the use if developed according to the plan as submitted and approved will not be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The conditions which exist currently on Sanders Road make the subject project an unwise addition at this time. B. The Board does not find that the use proposed would not provide a needed service in that area of the County, but simply that placing this use at this particular location, at this time, prior to the installation of improvements to the roadway infrastructure, would not be in harmony with that immediate area. C. Evidence of substance, in the form of pictures of actual unsafe traffic movements, and unrebutted reports of frequent speeding citations, has been presented which leads this Board to find that this project would not be in harmony with this immediate area. 5. . Therefore, the County Commissioners, based upon their hearing on this matter, hereby DENY the request for a special use permit. Ordered this the 8th day of January, 2007. V~Q~~ William A. Caster, Chairman Attest: ~ ~\~ \... ~\\ Sheila L. Schult, Clerk to the Board S lA.P n/ iI, if. COUNTY OF NEW HANOVER, NORTH CAROLINA ORDER DENYING REQUEST TO DEEM SPECIAL USE PERMIT VOID S-13 This matter came before the Board on January 8, 2007, for a detennination regarding Petitioner David Ward's request that Special Use Permit Number 13, issued in 1971, for a bulkhead, boat ramp and pier at 1512 Burnett Road, be deemed void. Mr. Ward brought his request pursuant to New Hanover County Zoning Ordinance Section 109.1(e). After having heard Mr. Ward on this matter, the Board finds as follows: 1. Section 109.1 of the Zoning Ordinance states that "(a ]ny site specific development plan approved by the County pursuant to this Ordinance shall terminate as follows: Subsection (e) states "(f]ollowing recommendation of the Planning Board and upon findings by the County Commissioners, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan. 2. The Planning Board, after a full hearing on the matter, unanimously recommended that the request to deem the permit void be denied. 3. The Board of Commissioners considered evidence produced by Petitioner for some time, after which it became apparent that little or none of which was direct, or first-hand evidence, and it furthermore became apparent that, even in the absence of evidence offered in opposition to the request, the Board would not be able to find that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan, in 1971. For this reason, the Board hereby DENIES Petitioner's request. Ordered this the 8th day of January, 2007. u[)~ Q.~ William A. Caster, Chairman Attest: ~\l.~ '-. ~~L\~ Sheila L. Schult, Clerk to the Board