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Excerpt of Minutes <br />Approved 9/3/08 <br />espea~ty after the court n,ratg that stipr~ates the County or ~vemmenf coot issue itself Special use Perrrrit. <br />When you look atthe findings that have to be made there is concern that you cannot guarantee an imparti~ hearing. <br />Jeffrey Schmitt So the solution ~s that we wiq eliminate having to get the Spertial Use Pemrit? <br />Il~hael Harvey: They stiq have fb go through a simgar permitng process. . <br />Jeffrey Schmitt It doesn'f seem bo me to address the cornem. <br />M'~chael Harvey: Unforhmatefy, as with a majority of County pro~cts, it is the same as any simple srte plan. There is <br />not abgity on a pemirtted land use th get any type of pubec comment erq~r. In this partk;ular inst~rce, it has th go <br />through the rromral permitting process. ff cannot go through the Special Use Permitting process. <br />Midrege Kempinski: At feast the Spertial Use Permit process, being incestuous or not, for the County, requires a <br />pubrrc hearing. What is the difference between gamg to thniugh the Special Use Process and the County approving <br />its own project versus the County just ddng it anyway without any public hearing at all? <br />Michael Harpy: The ordy reason the County has bo go through any heightened level permit review is because you <br />have a septic tank over 3,000 gagons. The permit or project in and of itself is permitted; IeYs say Northern Human <br />Services Center, which was done through normal site plan approval under Articlel4 of the Zoning Ordinance. The <br />orgy reason that project woukl have gone before the County ~ because it has over a 3,000 gallon septic system that <br />is now being proposed. The fad that it has an over 3;000 capacity septic system does not, from the attorney's <br />standpoint and from staff's standpoint, alter the nature of the process. ff creates a dilemma for us if we can't cmmply <br />with recent case law and stiq issue ourselves a permit If we take it through the nom~al process where the same <br />standard has to be met, ff the concern there is just not an opportunity for pubec c:anment, there is not normal <br />opporturirty for pubec comment on 9990 of the Cotmty projects. <br />Michelle Kempinsld: Not schools? <br />Michael Harvey: Schools are Special Use Permit because it is the Orange Courrty Board of Education, not the <br />County itseff. That comment was brought up but you are dealing with two different entities. <br />Ngchege Kempinski: Because the b'brary on the north side of Orange County is no longer a school, that is why it <br />would not go through the Speaai Use Permit. <br />Renee Prrce: Who would actually do the tegu{ating? This woukl seem to agow the County th do whatever it wanted <br />with no oversight. <br />Ngchael Harvey: The County has the saran oversight as any other individual proposing a development w~tFrin the <br />County. They stiq have to go through the perrnitting process. Unfortunately, the problem is that the County cannot <br />issue itselF a Special Use Permit. <br />Renee Price: You are saying °do what you want to do.' <br />Michael Harvey: No. I am saying that it cannot go through the Special Use Permitting process. They sfi11 treed <br />Environmental Health approval, state approval acrd local sibs plan approval under Article 14 of the Zoning Ordinance. <br />Renee Price: What level of intervention would the state have? . <br />Mictr~l Harvey: Most normct large scale septic systems, the state has to issue the permit along with state and local <br />Health Departments. <br />2 <br />