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

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Excerpt of Minutes Approved 10/1/08 1 MINtlTES Z ORANGE COUNTY PLANNING BOARD 3 SEPTEMBER 3, 2008 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Renee A. Price, Hillsborough Township At Lange (Vice Chair}; Craufurd Goodwin, Hillsborough 7 Representative; Bernadette Pelissier, Bingham Township; Brian Crawford, Eno Township At-Large; Jcel Forrest 8 Knight, Little River Representative; Judith Wegner, Bingham Township At-Large; Larry Wright, Cedar Grove 9 Township At-Large 1Q 11 MEMBERS ABSENT: Jay Bryan, Chapel HIII Representative (Chair); Michelle Kempinski, Cedar Grove Township At 12 Large; Jeffrey Schmitt, Cedar Grove Township At Large; Cheeks Representative, Vacant; Eno Township, Vacant 13 14 STAFF PRESENT: Tom Alfieri, Comprehensive Planning Supervisor, Michael Harvey, AICP, Planner lt; Glenn Bowles, 15 .AICP, Planner II; Robert Davis, AICP, Planner lil; Tina Love, Administrative Assistant II 16 17 OTHER ATTENDEES: Rita Leadem, Representative for Comprehensive Plan Coalition; John Bugg, Applicant-The 1$ Forest at Little River 19 20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 21 22 AGENDA h'EM 10: ZONING ORDINANCE AMENDMENT: ART~LE 6, SECTION 6.20.1 LARGE GROUND ABSORPTION 23 SYSTEM (3,000 GALLONS PER DAY) AND PACKAGE TREATMENT PLANTS PROHIBITED IN AR 24 DISTRICTS AND RURAL BUFFER 25 To consider a recommendation to the Board of County Commissioners regarding this 26 proposed amendment heard at the May 19, 2008 Quarterly Public Hearing and discussed at 27 the July 9, 2008 Planning Board Meeting. 28 29 Presenter. Michael Harvey, Planner II 30 31 Michael Harvey: We began discussing this at the July meeting. Two planning board members had requested 32 documentation from the Attorney's office on why they believe, from a legal standpoint, the county can no longer issue 33 itself a Special Use Permit. I have provided you with what the Gounty Attorney had originally sent to Craig Benedict 34 as their rationale to begin the amendment process. Essentially, the County Attorney's office has determined; based 35 an recent court decisions, that it can no longer issue itself a Special Use Pem~it. This discussron was precipitated 36 from my denial of the site plan for the development of a 4,500 gallon per day waste water treatment system for the 37 Northern Human Service Park. Article 6 requires anything aver 3,000 gallons to obtain a Special Use Permit. I was 3$ informed, while I was technically correct, the County could not issue itself a Special Use Permit. We do have 39 comments from the Towns of Chapel Hiu and Carrboro. The Town of Chapel Hill has no comment and the Town of 40 Carrboro would like a guaranties that all county projects would go through some type of development review process. 41 This amendment stipulates that if it is a County project within the Agricultural Residential (AR) or Rural Buffer {RB} 42 Zoning District and proposes to have a septic system over 3,000 gallons per day, it does not have to get a Special 43 Use Permi# for the system. The project would still go through the normal site plan and approval of Article 14 of the 44 Zoning OMinance. The only speafic permitting process exempted as the result pf this amendment would be that the 45 County would no# have to seek an SUP for the septic system. In the previous meeting, there was a concern that a 46 private citizen would have to ga through the SUP process and the County would nat. I cannot address that problem. 47 Private citizens will still have the capability of applying for a permit to get a large ground absorption system per the 48 ordinance which requires an SUP. 49 50 Renee Price: The County would not be subject to any type of review or comment or checks and balances.