Agenda - 02-27-1989 - Laserfiche WebLink

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I . 059 Once the EIS has been accepted as adequate, the project in question can proceed with the development approval process after 30 days have passed:.from the County • acceptance, in. cases where the County determines adequacy;or after 60 days have passed from the transmission of the completed document to the State Clearinghouse, where the Clearinghouse makes the determination of adequacy. PROPOSED TOWN COMMENTS: 1) Applicability As described above, the Town is concerned about the ordinance's proposed applicability. If the County does not want the ordinance to be applicable within municipal planning and zoning jurisdictions, it should clearly state that in the • ordinance. If the County does want the ordinance to be applicable within municipal planning and zoning jurisdictions, the Town feels strongly that the County should not be drafting and approving such an ordinance unilaterally,and in fact that such unilateral action is a violation of the spirit if not the letter of the Joint Planning Agreement between the County and the Towns. • 2) Effect. As it is currently written,the effect of requiring an Environmental Impact Statement will be to collect information about the expected environmental impacts of proposed projects that might otherwise not be known. There is no public hearing required on an Environmental Impact Statement as part of the determination of its adequacy,however, although the Commissioners may elect to hold one. Most importantly, once an EIS has been determined to be adequate,there is no provision for requiring that the proposed impact mitigating measures laid out in the EIS be incorporated into the subsequent design arid permitting processes. In • other words, a project can go through the EIS process, laying out alternatives, and stating the measures necessary to mitigate the impacts inherent in each alternative, and once the EIS is found to be adequate,can continue with design and permit review processes, all the way to construction, without including those mitigating measures. The County should consider incorporating in the ordinance some mechanism for tying the results of EIS preparation and review into the permit processes for the developments which require them. • • • • • Proposed Changes to the County Zoning Ordinance • A. Changes to the County's Public Interest District(PID). . • Eplanation of Proposed Change: The County is proposing to amend its current Public Interest District (PID) to reflect the recommendations of Duke University's Land Resources Committee Report. The Report classifies Duke Forest lands into four different categories --Permanent Research Forest, Research Project Land, Institutional Use Land, and Residual Endowment Land (see the attached map). Right now,all those lands are zoned County PID,and as the County PID is written S 4 •