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CFE 031003
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CFE 031003
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20 lots , then be is concerned . If there is a small project, it could be very daunting . <br /> Craig Benedict explained the different densities on a map . <br /> Commissioner Carey would like to hear from the public about the thresholds . <br /> He encouraged the staff to look at some differentiation in the criteria for different levels <br /> of projects and maybe even looking at increasing the acreage . <br /> Chair Jacobs asked if it was possible to do the acreage so that you <br /> differentiate based on the underlying zoning . For example , if it is one -acre lots , 20 acres <br /> might work; whereas , if it is two-acre lots , maybe 40 acres might work . Craig Benedict <br /> said that they could go in this direction . <br /> Jay Bryan made reference to the standards and said that the board <br /> considering the project has to make sure that the use will maintain or promote public <br /> health , safety , and welfare and will enhance the value of contiguous property , and that <br /> the character of the use will be in harmony with the area . He said that the standards <br /> said that the board can deny the application if it finds that the use will not maintain or <br /> promote public health , safety , and welfare . In Carrboro , the way the ordinance is <br /> phrased , the board can deny an application where it is shown that the use will not <br /> maintain or promote public health , safety , and welfare . He asked if the standards could <br /> be changed to make it more flexible that would be in keeping with the present <br /> standards . <br /> Craig Benedict said that these general standards are used for the other 28 <br /> special uses that are out there — both class A and class B special uses . He said that the <br /> special use process is a quasi -judicial findings of fact process . The standards are not <br /> subjective . <br /> Geoff Gledhill said that he does not know how Carrboro does it , but the <br /> standard in all of these evidentlary questions is going to be a greater . weight of the <br /> evidence . Regarding the general standard about maintaining or promoting public <br /> health , safety , and welfare , the ordinance has a special provision that implies that it <br /> would . In order for a project to be turned down because it fails to maintain or promote <br /> public health , safety , and welfare , the burden shifts to those who oppose it to prove that <br /> in some specific manner by substantial evidence , the use does not maintain public <br /> health , safety , and welfare . It would require specific evidence that there is a specific <br /> problem . Some examples are traffic problems . <br /> Barry Katz asked if the County would be responsible to remedy a problem <br /> that may arrive if all of the bodies approve a subdivision and it turns out that there are <br /> public health failures . Craig Benedict said that sometimes a problem would come back <br /> to the local govemment if the project was already completed . <br /> Barry Katz made reference to the notification and said that 500 feet from the <br /> project is too small for a project that is going to impact people in a greater area . He <br /> asked for consideration of 1 , 000 feet. He made reference to page three , number 11 and <br /> irrigation . He asked if there were any standards for how irrigation systems can be <br /> approved or not approved . Craig Benedict said that there are certain building code <br /> requirements if it is from public water and sewer. They are trying to tie this in with the <br /> conservation ordinance . <br /> Geoff Gledhill said that the irrigation standard is in the draft. The system has <br /> to be designed and can be operated according to a water conservation plan described in <br /> the Resource Management Plan . <br /> Barry Katz asked about borrowed open space that is referred to in the <br /> document. Craig Benedict said that borrowed open space is where , instead of <br /> everybody having a three - acre lot and having their own open space , there would be a <br /> 1 . 5-acre lot and the extra space is put into some kind of common area . <br />
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