Agenda - 12-15-2009 - Information Item 1

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In accordance with Section 11.6 of the Zoning Ordinance, the quarry operation is deemed to have a Special Use Permit making the operation a conforming use of property. The Section goes on to say that: `enlargement, replacement, or modification of such a use shall require a Special Use Permit as though it were a new use'. The expansion of the site in 2004 should have triggered the Special Use Permit process to review the proposed `enlargement' of the quarry operation. Unfortunately, the information was not acted upon at the appropriate time. Any future enlargement, expansion, or modification of the existing quarry site will necessitate the filling of a Class A Special Use Permit application in accordance with Section 11.6 and Article Eight (8) of the Zoning Ordinance. ZONING COMPLIANCE -ASPHALT PLANT OPERATION: As you are already well aware, staff had been informed that Hanson Aggregates is applying to NC DENR requesting a revised air quality permit that will supersede permit the original permit, number (07023R07), seeking to re-establish the asphalt plant on a parcel of property within Orange County. The County issued a negative Zoning Consistency Determination on the proposed request for several reasons, including the following contained within a February 8, 20071etter: ` The application is deficient in that it does not contain sufficient information, or the appropriate information, for Staff to determine the actual location of the proposed facility. Specifically, the application makes reference to an existing asphalt plant being located at 1423 Bacon Road outside of Rougemont, North Carolina. The deficiencies with regard to this information are as follows: i. There is no property with the address of 1423 Bacon Road within Orange County, according to County tax records. ii. There is no tax parcel identification number or parcel identification tax number contained in the application that can be utilized by staff to verify the location of the proposed asphalt plant. While Form A-1 does contain a longitude and latitude coordinates for the proposed facility, the Planning Department does not have GPS units to make use of these coordinates to find the property where the asphalt plant is to be located. iii. The application contains no other information that could be utilized by Orange County Planning staff to verify the location of the proposed asphalt plant. iv. The application does not meet any of the submission requirements as outlined within Article Fourteen (14) Site Plan Approval Procedures of the Orange County Zoning Ordinance, which is attached for your review.' As with the quarry, the asphalt plant was built prior to County zoning authority. According to our records, the asphalt plant burned down sometime in 1997 and was never re-established. In