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Planning Commission has the authority to approve the Zoning Permit with conditions <br />deemed necessary and reasonable at its discretion. <br />ii. The Conditions of Approval imposed for the Zoning Permit on March 3, 2022 <br />were reasonable and necessary for the proposed project and to achieve the purposes of the <br />Fence Ordinance and the Municipal Code, and thus were within the Planning <br />Commission's discretion to impose. <br />The subject property is an approximately 41 -acre remainder parcel created in 1985. Access <br />to the site is provided by a driveway off Elena Road and the driveway provides access to <br />an existing residence at 28001 Elena Road. Portions of the northwesterly part of the <br />property features slopes in excess of 30% and consists of steep topography. The <br />northwesterly corner of the subject property is also within an Open Space Conservation <br />Area as shown on the Town's Land Use Diagram. The entire property is encompassed <br />within a Williamson Act contract, which restricts the property to certain agricultural and <br />related compatible uses as specified in the contract document. Based on the application <br />submittals, the applicant has stated that it intends to utilize the property for agricultural <br />purposes and the planting of crops. The applicant has stated that the proposed new fences <br />are to protect the plantings but they do not seek to construct any additional structures on <br />the parcel. An application for a Zoning Permit was filed pursuant to Section 10-1.507 as <br />such a permit is required in order to construct new fences. <br />When the Zoning Permit application was considered by the Town during a Site <br />Development Public Hearing on July 6, 2021, there were several public comments raising <br />issues relating to respecting property boundaries, permitting wildlife movements through <br />the property, preserving the Open Space Conservation Area portion that is located on the <br />project site, and reviewing the proposed chain-link fence design. Upon the Zoning Permit <br />application being referred to the Planning Commission on August 5, 2021, the Commission <br />requested clarification on a number of items including: proposed agricultural uses, type of <br />fencing, presence of wildlife activities, and other issues raised by public comments at the <br />prior public hearing. As documented in the staff report to the Planning Commission, the <br />Commission directed the applicant to consider certain modifications to the fence design <br />and provide additional clarification on these items. <br />Subsequently, the Planning Commission made specific requests at the October 2021 and <br />January 2022 hearings for the applicant to: (1) submit a revised site plan that accurately <br />depicts the proposed fencing and gates, existing fencing, easements encumbering the <br />subject property, contour lines/topography, and neighboring property lines; (2) to provide <br />further details on the proposed fencing plan including clarification on fencing proposed for <br />the northern boundaries of the project site, as well as the agricultural use(s) and area(s) <br />necessitating the proposed fencing; (3) utilize wildlife friendly and wooden fences and use <br />fencing configurations consistent with other similarly large properties with open space or <br />agricultural uses; (4) confirm the proposed fences would not bisect pathway easements, <br />waterways, or across any swales, and that new fencing would not preclude the dedication <br />of future open space easements or pathway easements; (5) remove prior fencing that were <br />installed without permits or appropriate authorization from the Town; and (6) allow <br />Resolution 63-22 Page 5 <br />