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said that she spoke with a planner that indicated that an innovative system has been proposed for the <br />septic system. She asked what kind of innovative system had been recommended and the impacts. <br />Craig Benedict said that originally there were some off-site septic systems on lots 8 and 9. <br />Lot lines were rearranged so that all septic systems would remain on their own lot. There are <br />adequate septic systems on all of the lots. He said that, to his knowledge, the alignment of the lots <br />meet Health Department criteria. <br />Commissioner Brown asked Geoffrey Gledhill to answer the question about runoff to other <br />people's property. Geoffrey Gledhill said that the ordinance as Ms. Kraus read it requires that runoff <br />levels from the 25-year storm shall not be greater than the rate of runoff on the same site in its current <br />state. He said that it was an engineering concept. There would be a claim if there is a problem with <br />runoff if the developer has not designed the project according to the regulations. <br />Steve Herman said that he raised some of the issues with the public road versus a private <br />road and he still feels that there are options and that a road could be built there without cutting into <br />the berm. He said that he wanted to present something else to the Board of County Commissioners. <br />He said that far the past six months, he and his neighbors have fought this development. There has <br />been no County ordinance addressing the highway noise pollution problem, and there is also no <br />option far pursuing a flexible development plan. He asked that the Board of County Commissioners <br />deny the current application. He said that the County's subdivision regulations empower the Board to <br />approve or deny a subdivision application and states that it shall, "base its action on its findings as to <br />conformity with all applicable regulations." He asked that the Board of County Commissioners <br />address "protection of existing vegetation", IVB VIIIC, which reads as follows: "On any land far which <br />application for subdivision approval has been made, no person, firm, or corporation shall remove or <br />cause to be removed any trees or other vegetation except in accordance with approved plans." He <br />spoke about the unauthorized cutting that took place during the application period before the <br />development was approved. He asked the Board to consider this as sufficient legal grounds to deny <br />the current application. He pointed out that the fine imposed on Dr. Diehl was for violation of the <br />County's Sedimentation and Erosion Control ordinance and not for the protection of existing <br />vegetation. He said that Dr. Diehl has invalidated the subdivision application in a way that is beyond <br />correction. <br />Geoffrey Gledhill said that the remedies for violation of the subdivision regulations are <br />those listed in the subdivision regulations and they include injunctive relief, which would require that <br />the trees be planted back; criminal penalties; or civil penalties. Steve Herman asked where this <br />appears in the subdivision ordinance and Geoffrey Gledhill said that the penalties far violation were in <br />VII-E, and he read the section. <br />A motion was made by Commissioner Carey, seconded by Commissioner Gordon to <br />approve the preliminary plan for Sunrise Springs in accordance with the resolution of approval, which <br />is incorporated by reference. <br />VOTE: AYES, 4; NO, 1(Commissioner Brown} <br />Commissioner Jacobs said that he appreciates the efforts by the neighbors and underlined <br />the point made by Mr. Herman about how unfortunate it is that there is no flexible development option <br />in the rural buffer. He thinks the County straightjackets itself in trying to protect more open space by <br />doing this. <br />c. Ashwick Subdivision Preliminary Plan <br />The Board was to consider a preliminary plan far the proposed Ashwick subdivision. <br />However, this item was delayed. <br />d. High Rock Farms Phase 1 Preliminary Plan <br />The Board was to consider a preliminary plan for the proposed High Rock Farms <br />subdivision, phase 1. However, this item was delayed. <br />e. American Stone CompanylOranae Water and Sewer Authority Planned Development <br />Rezoning and Class A Special Use Permit <br />