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MINUTES OF THE ORANGE COUNTY
BOARD OF COMMISSIONERS
May 13, 1968
The Board of County Commissioners of Orange County met in the Commissioners
Room of the Courthouse in Hillsborough at 8:00 P.M. on Monday, May 13, 1968 in
special session.
Members Present: Chairman Harvey D. Bennett and Commissioners William C. Ray,
Henry S. Walker, Carl M. Smith and Ira A. Ward.
Members Absent: None
Lucius Cheshire County Attorney, by letter presented the following opinion,
relative to the May 6th action of the Board on the re-zoning of the 15 acres of
land owned by Forrest Heath.
"We have, as requested, given careful consideration to the legal aspects in
connection with the rezoning of Mr. Forrest Heath's property. It is our
opinion that the action taken Monday, May 6, 1968, by the Board of
Commissioners of Orange County in rezoning the property of Mr. Heath as a
mobile home park and imposing a different set of standards on said park
than the standards applicable to other mobile home parks within the area
controlled by the Chapel Hill Township zoning ordinance, i.e., limiting
the number of mobile homes to sixty on a 20 acre tract, was ineffectual
and could not legally be done. The ordinance itself determines the standards
for the various classes of districts and these standards must apply equally
within each:class.
Discussion ensued.
Upon motion of Commissioner Ward, seconded by Commissioner Ray, it was moved,
that the Board rescind the action taken on May 6th, said motion stated, "that
15 acres belonging to Forrest Heath be re-zoned from a residential area to a
mobile home park area upon the condition that the re-zoned area plus 5 acres,
presently zoned for a mobile home park area, not exceed 60 trailer spaces which
said trailer spaces shall be evenly distributed throughout the entire 20 acres".
Chairman Bennett called for a vote on the motion; there were 3 ayes and 2
naves. Chairman Bennett declared the motion passed.
Upon motion of Commissioner Smith, seconded by Commissioner Ray, it was
moved and adopted, that the matter of the rezoning of the Forrest Heath property
be referred back to the County Planning Board and that a copy of the letter
from the County Attorney be forwarded to the County Planning Board.
There being no other business to come before the Board said meeting was
adjourned.
Harvey D. Bennett, Chairman
S. M. Gattis, Acting Clerk