Subsection B states: "Boundaries shown as following or approximately following streets shall be construed to follow the center lines of such streets."
Kahoe went on to rule in favor of placing the zoning boundary along the center of Tollgate.
"It is hereby found that the zoning maps showing the subject property are hereby ordered to be adjusted so that the R3 and R4 zoning districts are divided along the center line of Tollgate Road," he wrote.
Traffic, noise, other issues
People's Counsel Brian Young represented neighbors of the Evergreen property, who were concerned about the impacts of increased traffic, environmental degradation, noise and light pollution and deleterious impacts.
County planning officials also testified in February against granting approval to the development, citing concerns about environmental and traffic impacts.
"It's not a conventional development, and so there are specific guidelines above and beyond the general zoning code," Anthony McClune, deputy director of Planning and Zoning, testified during the hearings.
The request for an adjustment of the zoning boundaries is one of two cases argued before Kahoe in February regarding the Evergreen property. Peak Management is also seeking a special zoning exception from the county to build the 198 units.
Dottie Smith, zoning hearing assistant, said a decision has not yet been issued in the special exception case.
Smith said the applicant would still need the special exception, even with Kahoe's decision on the boundary, because "code approval" is required to proceed.
Regardless how Kahoe rules in the special exception case, his decision is subject to the same council/board of appeals review and approval process.