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Minutes - 20061120
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Minutes - 20061120
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Date
11/20/2006
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Minutes
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Steve Yuhasz commented an this public hearing process. He said that the text <br />amendments are complicated and it is difficult to prepare comments when the amendments <br />were not available until the Wednesday prior to the public hearing. He said that if this is the only <br />opportunity for the public to comment, then that is not enough time. He said that he was <br />involved with the question that arose with the text and the maps for this item. It seems to him <br />that the real problem is which is given precedence -the text or the maps. He said that the text <br />ought to hold rather than the maps regarding overlay districts where the district iswell-defined <br />by the text. He said that if the maps are viewed as illustrative rather than controlling, there is <br />not a problem. He made reference to the definitions where it talks about "potential reservoirs" <br />and then talks about "proposed reservoirs" in the same definition. He asked that this be <br />consistent. In contributing watersheds, he pointed out that, included in this is a redefinition of <br />the critical area for both Cane Creek and University Lakes. This definition is "one-half mile from <br />the normal pool elevation or the contributing watershed divide, whichever is greater." He said <br />that it is possible, with this definition, for a piece of property to be both in the Cane Creek Critical <br />Area and in the Back Creek Protected Watershed. He does not think that this is intended. He <br />urged the County Commissioners to look at the text rather than the maps because the text is <br />specific. <br />Geaf Gledhill made reference to Mr. Yuhasz's comments about Cane Creek and said <br />that the only thing in front of the Board tonight is the Upper Eno. <br />Chair Jacobs encouraged Mr. Yuhasz to submit any additional comments in writing for <br />the Planning Board to be able to consider as part of the record. <br />A motion was made by Commissioner Carey, seconded by Commissioner Foushee to <br />refer this to the Planning Board to return a recommendation to the Board of County <br />Commissioners no sooner than February 6, 2007. No opfion was specified. <br />VOTE: UNANIMOUS <br />Discussion ensued on the Planning Board's recommendations. Chair Jacobs assured <br />the Planning Board that the Board takes the recommendations under advisement and reads the <br />minutes, etc. <br />Geof Gledhill said that his recommendations were in no way stiff-arming the Planning <br />Board, but only a measured response to a measured problem. <br />Commissioner Gordon made reference to the abstracts and said that it would be helpful <br />to distinguish between what is being considered and what is not (i.e., Eno or Cane Creek). <br />Also, she agrees that the text should be available when the ad goes out. <br />4. Zoning Ordinance Text Amendments: Staff initiated amendments to Sections 6.23.7 <br />through 6.24.3 -Stream Buffers - to include new regulations establishing formal stream <br />buffer replacement standards and creation of new regulations allowing for minimal <br />disturbance within an identified stream buffer for specific types of development. <br />Michael Harvey made this presentation. He said that this is a modification of existing <br />standards on the ordinance governing the protection of stream buffers. He read the definition of <br />stream buffers. The County has had these regulations since 1982 and there have been several <br />amendments. Mast notably, in 1994, stream buffers were extended to cover the majority of the <br />County. In the ordinance, there are references to standards that govern the reestablishment <br />and the replanting of a buffer that has been illegally ar accidentally disturbed. The staff, over <br />the last several months, has identified several concerns within the existing ordinance. There is <br />a lack of a uniform comprehensive and centralized planting standard within the ordinance, that <br />people are held to who have disturbed the stream buffer or for property that may have been in a <br />
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