ORD-2008-103 - Zoning Ord Amendment Section 6.20.1 to Address Using Large Ground Absorption System

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T. 1. •• • ~~ ~~'~ ~~• Section 6.20.1 of ffse Ordinance reams as fo~ows: Gnwnd absorption systems with a design capa~y of 3,000 dons Pte' ~Y ~' more and package traatmer>t planfs for sanitary sewage c~spasal are exp~iy prohibited ~ the AR disfrids and Rtmaf 8trlterDisi-icts asshown in ffie aak~pteai Comte Plan exraspf as maybe approved through a Specfal Use Pemu~ ore Planned L7~iooprnentDisblct In consuitaUon witfi ~e Attorney's office. staff has determined that tl~e is a major issue vYti h respect to the County dev~ebping a lid use r~ubing the issuance of a StJP. SpeaficaAY. the issues are: 1. There ~ a oonoem over the geed to make oermin findings ~ fad during the review of a SUP project. speaficcly that the responsible board has maw ~ inparfial d~sikrn. Recent court cases nave questforred the legal ab~'rty ~ a n9 body ~ issue itself a SUP as there is a oonc~rri bust the abi~.y of the members to make an unbiased decision cn the evfdenca presented at the quasl~udicial treartng. 2 From a practical standpourt the BOCC and the t3oard of Adjustment, the finro (2) boards That are respora;ible for revisM+ing and approvir~ SUP project. arrr opened up bo aiiiasm on their ablllfy to conduct a fair department, beingeth app~~, ~~~ due to the County. ~ a County 3. The ficestuous nature of the SUP permitting process creates a ~ conundrum that k havkrg to be corrected Stalra wkle. in an effart to address this problem, staff is proposing the fioilauvp~g: 1. Amend~rg Sec~ort 620.9 to clarify that County projects are oat required to obtain a SUP when a large ground absorption septic syst~rr, ar a package treatrr~ent piasd~ is proposed to support a proposed land use Staff does riot believe the Cowtiy ev8r intended for pubic projects to obtain a SUP where a large ground absorption system was proposed. Throrigh this amendm~rt the County avokts the legal conturdrum of_l)aving to review. ad upon, and approve County prvjec~s• through the qua$i~udiktial Pnai:ess• it should be Hated the proposed dwrge wilii Amt affect a property owner's abikty to devebp a ground absorption system that has a design capak~y aver 3.000 gallons per day within the Agria~ih~ra) Resider>tiai (AR) or Rural Buffer (RB) zoning d' upon issuance of a Speast Use Pem~t or Pietnned Developrnerrt approval. The ~rrendmeM w~, t~wever, riot n3quhe the Courtly to obtain such apprcnrais. This amendmer~ is ne~aryto address the permitting and approval of County projects due to recent fierrges in Slate roars.