ORD-2004-020 - Zoning Text Amendment for Land Clearing Waste Facilities

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u~ ~ _ ~~~ ~-c~~~ ~_~ 2. Land Clearing Waste Facility (LCWF) - Page 211 Amend the zoning ordinance to create a new definition in the ordinance entitled 'Land Clearing Waste Facility' to allow the creation of an LCWF of less than 2 acres in size. An LCWF will be able to accept only land clearing debris such as stumps, roots, topsoil, yard waste debris, limbs, etc. An LCWF will not be allowed to accept inert debris such as bricks, asphalt, and concrete products. The Table of Permitted Uses will be amended to allow a LCWF as a permitted use by right in the AR, AS and RB zoning districts. Section 6 will be amended to create a new section establishing the use conditions upon approval of a LCWF. Planning Supervisor Robert Davis said that this is a zoning text amendment for a new classification in the zoning ordinance for land clearing waste facilities. In the last few years, there has been the land filling category, but the State has reclassified certain types of landfills. The County's ordinance only classifies landfills one way. This amendment is to pull out certain things that are now classified in the landfill category that may be best suited in another area without the same approval process. Any type of landfill over two acres would be a class A special use permit. This amendment would remove the asphalt, concrete, and wood and limit it only to materials such as limbs, stumps, dirt, and natural rocks. This amendment would apply to landfills less than two acres. This would not apply in the economic development districts and the commercial districts. He read the standards on page 212. Robert Davis said that with the County's passage of the no burning ordinance and the high tipping fees, it has gotten very expensive and developers are looking for other options. PUBLIC COMMENT: Howard Carter said that North Carolina has a good solid waste program with oversight, staffing, and quality control. He said that the proposed two-acre sites would not have this and there would be increased truck traffic. It does not seem to him that there would be sufficient aesthetic care for the dump site. He said that a yearly check for drainage is not enough. He urged the County Commissioners not to break away from the existing solid waste program, which is very successful and not to put the County at risk for scattered dump sites. Alois Callemyn said that he was here to speak on behalf of other members of the audience. He spoke in support of the ordinance. He is a licensed land surveyor. He spoke about Orange County farms. He is a supporter of farm preservation and he said that this is one way that the County can do good by the people that have land. He said that the last cash crop that a farmer has is his land when he cannot make money raising products. He said that the landfills can be done right and there is staff to enforce the rules. He said that most farmers want to be good neighbors. He cautioned staff that the land needs a boundary survey and it needs to be put on record. Regarding the site size, he thinks that if it is done right, that the size could continue on with a much larger site. He asked who would review and approve the plans and what the turnaround would be. He also asked about the fees (one-time or annual). He said that there would be truck traffic, but there would be a lot less road miles, which would hold down pollution. Chair Jacobs said that he wanted to acknowledge Dianne Reid, Economic Development Director, who also worked on this. He understands that the Solid Waste staff would like to locate a large facility that would accommodate these kinds of materials in central and northern Orange County. This could also accommodate storm debris. In the interim, this amendment provides many advantages for landowners to realize some small income stream and to encourage people to do things the right way.