Minutes - 05-22-2000 - Laserfiche WebLink

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Commissioner Gordon asked about the question of what to do with abandoned property. Craig Benedict said that the EC-5 standards do not fallow the rule that after 180 days, the use would be lost. It is hoped that road improvements would be made in Orange County that may involve a widening of a road or the expansion of an intersection. He foresees this as a problem for some businesses in the future. If a person abandons the business and later wants to reopen, they would have to meet the new standards and setbacks. Commissioner Gordon asked Craig Benedict to put in writing the impacts that would be considered. Chair Carey asked about a situation which prevents a property from being continued in its intended use if it would revert back to the surrounding land use and Craig Benedict said that it would revert back to the least intensive use. However, the applicant could ask for a rezoning. Commissioner Brown clarified that what this would do is keep the small businesses in business. She feels it is an improvement to offer an initiative for improving the property. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to refer item C- 1-b to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than June 29, 2000. VOTE: UNANIMOUS c. Orange County Sail Erasion and Sedimentation Cantral Amendments Craig Benedict said that Christy Anspach of the Erosion Control Department is here tonight and has contributed a large amount of work towards these changes. This ordinance is not part of the zoning text or subdivision text. It is a freestanding ordinance. These rules are ones that have been created at the state level and it is up to the County to put them into the ordinance. He summarized the changes made to the ordinance. The ordinance does not apply to certain land disturbing activities that have to do with agriculture. There are also exemptions for forest land and mining activities. He said that the erosion control plan had to match other environmental issues that are attached to the site. Some of the notices of violations and penalties have been amended as well. QUESTIONS FROM COUNTY COMMISSIONERS OR PLANNING BOARD MEMBERS Commissioner Gordon said that gender neutral language should be used throughout. She asked about page one regarding forestlands and the forest practice guidelines that relate to water quality. Craig Benedict said that there were different guidelines for the state because of the preservation of agriculture and forestry. The County's guidelines are more stringent. Commissioner Gordon asked about section 18 and the erosion control plan and about the utilization of ditches for the purpose of de-watering or lowering the water table. Craig Benedict said that it was a notification provision so that the Division of Water Quality could know if this type of land disturbance activity would lower the water table that might in turn affect the farm operation or wells in the area. Commissioner Gordon made reference to page three and the deadline for reviewing a plan. She said that it seems that this language sounded very similar to the other language that was just revised. Craig Benedict said that this refers to staff restrictions for a time frame versus an elected body. Commissioner Gordon asked that the issues about the ditches and the forestry be brought to the Commission for the Environment for their information. Commissioner Jacobs suggested that the staff analyze the forest practice guidelines related to water quality and share comments with the boards before they are submitted. Commissioner Jacobs made reference to page 16, item h, "Consideration of applicant's past performance", and made an editorial change. Crauford Goodwin asked for a definition of plants and animals use for humans. Craig Benedict feels the list is wide open -any plants and animals useful to humans. Commissioner Brawn asked Craig Benedict to be specific about what these amendments would do. Craig Benedict said that most of the changes will benefit the ordinance and that there would be a clearer process for enforcement of the ordinance. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to refer the Orange County Soil Erosion and Sedimentation Control amendments to the Planning staff to receive further input from the public prior to it being returned to the County Commissioners for consideration of adoption no sooner than June 29, 2000.