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Minutes - 19890227
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Minutes - 19890227
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Date
2/27/1989
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Minutes
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~~~ <br />Yuhasz raised a question about clearing 4 acres of land for a horse pasture and <br />Collins again indicated that he believed it would not require an assessment, however, '~"} <br />the specifics would need to be considered. Yuhasz asked Collins to clarify whether or <br />not the "Application for Environmental Assessment" was apart of the Ordinance. He <br />questioned the necessity of the three questions on noise/vibrations, traffic impact <br />and visual impacts as they have no direct impact on the environment. <br />Collins indicated that it was merely a form developed by the staff to assist <br />people going through an assessment. The questions lead them through step-by-step. He <br />stated that the assessment form is a carry over from the initial public hearing. <br />There could be some significant impacts related to traffic, noise and vibrations which <br />might cause the staff to request an environmental impact statement. It would have to <br />be a very significant impact. In response to a statement from Steve Yuhasz that there <br />is no provision within this ordinance to allow the staff to make that judgment, <br />Collins stated that the Ordinance is structured to determine if a project has a <br />significant impact and items on the form under subsection #3 (noise, traffic and <br />visual impacts) probably should not be included. <br />Yuhasz asked how this Ordinance would be amended as there is no provision in the <br />Ordinance for creating amendments. Collins replied that the county is granted, <br />through the General Statutes, what is entitled General Ordinance Making Power. <br />Whatever provisions the Statutes call for in terms of conducting Public Hearings for <br />the purpose of amending Ordinances or deleting them entirely, are contained in those <br />Statutes. There were none contained within this specific Statute dealing with the <br />Environmental Review Procedures, so it would be dealt with by the General Ordinance <br />Making Powers that are granted to cities and counties. <br />Yuhasz asked if a Public Hearing would be required to amend the Ordinance and <br />Collins indicated it would not be necessary. <br />Gledhill stated that the enactment of this Ordinance does not require a Public <br />Hearing and any amendment or repeal of this Ordinance would not require a Public <br />Hearing. However, it has become the practice, almost the policy, of the Soard of <br />Commissioners to hold Public Hearings on all amendments to its Ordinances. <br />Commissioner Marshall suggested that all public hearing items state whether a <br />public hearing is required or not. <br />Planning Board Chairman Barry Jambs stated that 2.2:7b indicates that one of the <br />assessment concerns would be sites identified in the Inventories of Natural Areas or <br />the Cultural and Historic sites. These sites, which might be impacted by adjoining <br />development and therefore traffic, vibrations, and visual impact would seem to be <br />applicable in those circumstances. He questioned Carrboro's comments on page 59 <br />regarding public hearings and implementation in the requirements for a project. <br />Collins referred to the issue of incorporating Carrboro's comments into the <br />County's development application approval procedures and stated that the basis far the <br />Ordinance, or enabling legislation, in the first place was to make this information <br />available to the public. The second point was to utilize this procedure to work with <br />the developers to get them to mitigate the impact of their projects on the <br />environment. However, it would not be used as an attempt to deny projects. If that <br />is what Carrboro is alluding to in terms of incorporating .it into its design review <br />approval procedures, these concerns cannot be addressed unless the focus of the <br />Ordinance is changed. If it is only a matter of design and review, we would hope that <br />
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