Agenda - 10-21-2008 - 4n - Laserfiche WebLink

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Excerpt of Minutes `~ Approved 9/3/08 especially after the court ruling that stipulates the County or government cannot issue itself Special Use Permit. When you look at the findings that have to be made there is concern that you cannot guarantee an impartial hearing. Jeffrey Schmitt: So the solution is that we will eliminate having to get the Special Use Permit? Michael Harvey: They still have to go through a similar permitting process. Jeffrey Schmitt: It doesn't seem to me to address the concern. Michael Harvey: Unfortunately, as with a majority of County projects, it ks the same as any simple site plan. There is rrot ability on a permitted land use to get any type of public comment either. In this particular instance, it has to go through the normal permitting process. It cannot go through the Special Use Permitting process. Michelle Kempinski: At least the Special Use Permit process, being incestuous or not, for the County, requires a publ'~ hearing. What is the difference between going to through the Special Use Process and the County approving its own project versus the County just doing it anyway without any public hearing at all? Michael Harvey: The only reason the County has to go through any heightened level permit review is because you have a septic tank over 3,000 gallons. The permit or project in and of itself is permitted; let's say Northern Human Services Cen#er, which was done through normal site plan approval under Article14 of the Zoning Ordinance. The only reason that project would have gone before the County is because it has over a 3,000 gallon septic system that is now being proposed. The fact that it has an aver 3;000 capacity septic system does not, from the attorney's standpoint and from staffs standpoint, alter the nature of the process. It creates a dilemma for us if we can't comply with recent case law and stilt issue ourselves a permit. If we take it through the normal process where the same standard has to be met, if the concern there is just not an opportunity for public comment, there is rwt normal opportunity for public comment on 99% of the County projects. Michelle Kempinski: Not schools? Michael Harvey. School are Special Use Permit because it is the Orange County Board of Education, not the County itself. That comment was brought up but you are dealing with two different entities. Michelle Kempinski: Because the library on the north side of Orange County is no longer a school, that is why it would not go through the Special Use Permit. Renee Price: Who would actually do the regu{sting? This would seem to allow the County to do whatever it wanted with no oversight. . Michael Harvey: The County has the same oversight as any other individual proposing a development within the County. They sti[I have to go through the permitting process. Unfortunately, the problem is that the County cannot issue itself a Special Use Permit Renee Price: You are saying "do what you want to do.° Michae{ Harvey: No. I am saying that it cannot go through the Special Use Permitting process. They still need Environmental Health approval, state approval and local site plan approval under Article 14 of the Zoning Ordinance. Renee Price: What level of intervention would the state have? Michael Harvey: Most normal large scale septic systems, the state has to issue the permit along witty state and local Health Departments. 2