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

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Excerpt of Minutes Approved 10/1/08 1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 ~ SEDER 3, 2008 4 REGULAR MEETWG 5 6 MEMBeIts PRESENT: Renee A. Price, Hglsborough Township At Lange (Vk:e Chair); ~Crauftsd Goodwin, Hglsbarough 7 Representatirre; Bemafefte Pel'ISSier, Bingham Township; Brian Crawford, Fro Townsh~ At Large; Joe( Forrest 8 Knight, Li#tie River Representative; Judith Wegner, Bingham Township At Large; Lany Wright, Cedar Grove 9 Township At-Large 10 11 NRS ABSENT: Jay Bryan, Chapel Hill Representative (Chair); Michege K~npinsid, Cedar Grove Township At 12 Large; Jeffrey Schmitt, Cedar Grove Township At Large; Cheeks Representatnre, Vacant; Fro Township, Vacant 13 14 STAFF PRESENT: Tom Alfieri, Comprehensive Planning Supervisor, Michael Harvey, AICP, Planner ll; Glenn Bowles, 15 AICP, Planner Ii; Robert gari~, AICP, Planner III; Tina Love, Administrative Assistant p 16 17 OTHER ATTENDEES: Rita Leadem, Repn:sentative for Comprehensive Plan Coalition; John Bugg, Appl'~ant The 18 Forest at Little River 19 20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 21 22 AGENDA tTEM 10: ZONDIG ORDINANCE AMENDMENT: ARTICLE 6, SECTION 6.20.1 LARGE GROUND AssoRPTION 23 SYSTEM (3,000 GALLONS ~ PER DAY} AND PACKAGE TREATMENT PLANTS PROHIBRED IN AR 24 DLSTR~TS AND RURAL BUFFER 25 To consider a recommendation th the Board of County Commissioners regarding this 26 proposed amendment heard at the May 19, 2008 Quarterly Pubfic Hearin and discussed at 27 the July 9, 2008 Planning Board Meeting. 28 ~ ' 29 Presenter: Michael Harvey, Planner II 30 31 Michael Harvey: We began discussing this at the July meeting. Two planning board members had requested 32 documentation from the Attorney's office on why they begeve, from a legal standpoint, the county can no longer issue 33 itself a Special Use Permit I have provided you with what the County Attorney had Originagy sent to Craig Benedict 34 as their rationale to begin the amendment process. Essenfrally, the County Attorney's office has determined; based 35 on recent court deasrons, that it can no bnger issue itself a Specie Use Permit This discussion was precipitated 36 from my denial of the site plan for the development of a 4,500 gallon per day waste water treatment system for the 37 Northam Human Service Park Article 6 requires anything aver 3,000 gagons to obtain a Special Use Pemrit I was 38 infomred, while I was bechnl;agy correct, the County could not issue itself a Spedal Use Permit We do have 39 comments from the Towns of Chapel Hiq and Carrboro. The Town of Chapel Hiq has no comment and the Town of 40 Carrboro would qke a guarantee that all county pro)ects would go through some type of development review process. 41 This amendmentt stipulates that if it is a County Project within the Agricultural Residential (AR) or Rur~ Buffer {RB) 42 Zoning District and proposes m have a septic system over 3,000 gallons per day, it does rmt have to get a Special 43 Use Permit for tita system. The project would stiq go through the normal site pthn and approval of Article 14 of the 44 Zoning Ordinance. The orgy speafic permitting process exempted as the result pf this amendment would be that the 45 County vuoukl not have th seak an SUP for the septic system. In the previous meeting. there was a convem that a 46 private citizen would have to ga through the SUP process and the County would not I canrat addn~s that problem. 47 Pmrate citizens wql still have the capabUity of applying for a permit to get a large ground absorption system per the 48 ordinance which requires an SUP. 49 50 Renee Price: The County would not be subject th any type of review or comment or checks and balances.