Agenda - 12-12-2006-5l - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT MTL~TUTES 11 is He said that he is working with a subdivision now where he will have to provide less open space than he would want to in order to meet the requirement that the lots touch on open space. He said that the subdivision regulations have been written without any input from the practitioners, and this is bad practice. Mark O'Neal lives near Pleasant Green Road and works with Pickett-Sprouse Real Estate. He has a lot of experience with well and septic tank development. He echoed Steve Yuhasz's comments. He said that with wells and septic tanks, a lot more flexibility is needed. He said that he is very much against the requirement of the common ownership. He agreed with Chair Jacobs that this is not always the best solution. He also does not approve of discriminating against rural landowners and does not see why the buffers should be required in every. case. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to refer the proposed text amendments to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner than February 6, 2007. VOTE: UNANIMOUS Chair Jacobs pointed out that the Ordinance Review Committee is a great place to bring in people and have a conversation about an ordinance before it gets approved. 6. Cultural and Archaeological Survey Required for Special Use Permits: To add provisions to Section 8 of the Zoning Ordinance to incorporate the requirement of a Cultural and Archaeological Survey as a submittal requirement of a Special Use Permit. Robert Davis said that the actual Cultural and Archaeological Survey Ordinance is not up for the public hearing, but the placeholder to be advertised to make the survey preliminary work a submittal requirement before an applicant comes forward with a special use permit or a planned development rezoning. He made reference to the memo in the packet from the North Carolina Department of Cultural Resources about why the areas are to remain secret and private. Administration recommends that the proposed ordinance text, which is the portion that maintains a placeholder in the zoning ordinance that requires that there be a letter from ERCD indicating that there are no sites of any significant findings on a particular site, and the development application can be filed. Chair Jacobs made reference to the two samples at the County Commissioners' seats, which are two cultural and archaeological surveys done for the County -Fairview Park and Twin Creeks. He thinks the secrecy question is way overdone. He said that one issue is whether the surveys are necessary and another.is whether it is onerous. Also, he thinks that it should include a more in-depth environmental survey. He suggested having the Planning Board review it more thoroughly because of all of the additional information. In answer to a question from Judith Wegner, Craig Benedict said that the County has tried to set standards for smart growth and investigation of these types of resources on properties that it owns. With private property, there are not the same standards, but there could be some resources. Geof Gledhill said that he has a number of concerns with the way this is put together, and he will address them in a letter. Jeff Schmidt asked to have the Historical Preservation Commission involved. Public Comment Tom Magnuson said that the County should consult experts when .putting this together. He said that there are plenty of archaeologists in the area. He said archaeology is information and not just items for display. He said that archaeological theory says to leave it in the ground as long as possible because technology changes continuously and more information would be extracted in the future than now. He recommended finding good experts to help with this because