Saturday, June 4, 2011

The change in the zoning tables is nonsense and shows lack of service!


As you can see these are some of the reasons it is an illegal ruling. Where were the rules of fair play applied to this economic development? Why is the county not servicing this project as ordered by law?


Illegally, LDR cannot affect property rights, State law says: LDR's have to be consistent with the comprehensive plan and the omission of due process when not reviewed by P&Z makes it moot. P&Z had situation where no quorum was created and that means it should have been reviewed again. However, that was not what the record shows. There also may have been sunshine laws that were violated because of meetings out of the public eye and communications about this change that were not disclosed. Furthermore, no law can be adopted without supporting evidence and in this case the evidence was not considered for other 30 uses removed.


Arbitrarily: No facts, no evidence, no research into the other uses, review standards omitted, improper due process, no impact studies, no studies into the cause and effect of the legislation, and this was planned from the beginning to be applied to a application that was in front of the government years before this change.
This land use change was amended, designed, applied to stop a project without real public concerns.


Capriciously: characterized by or liable to sudden unpredictable changes in attitude or behavior.
Development started back in 2003 and was on track with county correspondence stating this project is a use permitted by and could be permitted until retroactively applying land use changes to Ocean Concrete on 24th July 2007. The commissioners voted to disallow grandfathering of Ocean Concrete's application.


Irrationally:
County public records show that Staff advised that this LDR does not apply to Ocean Concrete and would not affect pre-existing application. Preexisting ordinance doctrine does not apply to an application that was being reviewed for many years before the ordinance change was adopted. Also, records show that planning staff states a need for a Concrete plant in the north county.

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