Minutes - 11-27-2000 - Laserfiche WebLink

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said that this area was within the joint planning area of Carrboro, Orange County, and Chapel Hill. From 1989 to 2000 the land use plan amendment process has been in the works. As of this summer, all of the jurisdictions have now approved the amendment for the joint planning area to allow a use such as this. After those approvals, the land use plan was changed to a category where this rezoning could come forward to be consistent. After the joint planning area plan was modified, the Orange County land use plan was modified by the County Commissioners to be consistent. Regarding the land use plan, the issue was whether or not the extraction of earth products was appropriate for the area. All three jurisdictions agreed that it was appropriate. The issue now is how the uses will be arranged within the land use plan, what the setbacks will be, and the conduct of the operation. The legislative part of the rezoning further explains haw the use will be conducted. All of the public comment heard tonight, verbal and written, will be put together and digested prior to it going to the Planning Board. Craig Benedict made a presentation on the rezoning development plan. The use can be restricted in this area to just the extraction of earth products in certain modules on the property. Other parts of the rezoning process involve a certificate of mailing, where notices are sent to residents within 500 feet from the quarry. This is the requirement according to the existing ordinance. If there is someone who did not get a mailing, they will have an opportunity to submit some information before the Planning Board hearing. The staff is awaiting more information on the environmental impact statement. Information has been received from the Sheriffs office and information was received today from NCDOT speaking to the intersection of the future Bethel Hickory Grove Church Road and NC 54, where turn lanes are requested. He reiterated that the rezoning process was a legislative decision. Craig Benedict continued the presentation and spoke about the Class A Special Use Permit. The special use permit will go to the Planning Board and then back to the Board of County Commissioners. He described the conditions that have been put forward on this project. There can still be some modifications to the conditions. These conditions begin on page two of the agenda abstract, which is incorporated herein by reference. The staff recommends that condition #16 be deleted at this time because it is in conflict with the general rules for the rural buffer. Condition #54 was added to include the recommended left turn lanes into the site and the development of the road to DOT standards. The Planning staff recommends that the Board of County Commissioners and the Planning Board hear public testimony from proponents and opponents. The staff also recommends that the Board of County Commissioners refer this item at the end of the public hearing to the Planning Board for a recommendation to be returned back to the Board of County Commissioners no sooner than February 20, 2001. Questions by Board of County Commissioners and Planning Board Commissioner Brawn asked about the first 13 recommendations and if they were old. Craig Benedict said that the 13 recommendations were in effect at this time. The 13 recommendations will be incorporated into the other 53 conditions. Commissioner Brown made reference to condition #8 and the 50-foot buffer along Phil's Creek. She asked about the protection for a watershed or creek. Craig Benedict said that the existing Phil's Creek was approximately 50 feet from the top of the bank to the existing quarry. There would be no way to achieve a wider buffer in that area. The 50 feet is reasonable because there is a pit next to it. Commissioner Jacobs asked about condition #15 and wells failing for any reason other than as the demonstrable result of American Stone Company's mine operations. He asked for a specific definition of the term "demonstrable result". He made reference to condition #17 and documenting last effects on structures and asked if this would include a photographic record. Regarding condition #23 and moving the stone crusher, he said that this was a concern that was mentioned specifically by Carrboro. He would like the staff to do more of an analysis of the pros and cons and talk to American Stone Company. Regarding condition #28, he would like to know from the County Attorney about the law for covered loads and the ability of the Sheriff to enforce