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

Browse Search

achment Three (3): County Attorney letter -Outlining issues ~- ssociated with the County issuing itseff a SUP and relevant court ases ~~, GI~HILL, HAItG1ZAVE & PEEK A~At,t;D~tPCriRIl~201J 1291t1RYON 57'tiEEr e a>~awea uz9 nr~ rrorcrxce~auru zTZTa 9t9.Twn96 FAX91~T3LT99T ararw~ VI.~ FACSIl.y~ILE March 13, 2UU8 iV1r. Craig Benedict, Planning' Director Orange Commty Planning Deparkrient P.O. Box 8181 Hillsborough, I3C 27278 Re: Response To Solid Waste Management Facility Location Issues Dear Craig. BAOlc7H8l~'SKOF sxtnri m. ~.t, Geof and I have reviewed xhe document prepaxed by your office titled, "Solid Waste Management Facility I-or~atian Issues" (the "Platuiing Analysis"). The Planning Analysis identifieas six (~ planning alternatives available to the Cowtty t-elated tg the zoning approval of a County solid waste trausfi~r facility ("SWTF"~ within Orange County. This letter rontaitss our response to the Platznuing Analysis. 'VV'e would be in general agreemeat with the alternatives contained within the Planning Analysis if Orange County was not the applicant for the SWTI+. However, there is an important distinction in the zoning regulations applicable to a private entity locating a SWTF, or other solid waste daspasal facgity, within the Count3-, atul the County looting that same facility. The distinction is baser3 on the fact that the government, izz .this case, the Comity, is and always will be accountable to its citizens in its'decisions regarding the location and operation of govertttnent facilities and gcrvetrunent buildings. ' Section 4.3 of the Zoning (?refinance; the "Permitted Use Table; rrtaltes all "Governmental Facilities & Office Buildings" perntitted uses in most of the zoning districts within the Countyl subject oxtly to Site Plan review end approval as ,prescn'bed itt• Article 14 of the Zoning Ordinance. only tlae EC-5, E-l and AS districts do z~ot incSude Governme~ttai Fact~ities and Office Buildings as pexmi#ted uses.2 . ~ Section 4.1 of the Zoning drdimance contains a list of twelve (i2) hurl uses that are permitted as a matter of right in ~l zoning districts. Number ! ! on that -list is, "[s]olid waste collection facilities awned amd operated by a public agency Scu the purpo~ of disposal of household waste by t?range County residezxts." Tt is sat clear to us that a SWTF fits within the plain meaning of a "solid waste collection facility:' Siace the list o~f zoning districts permittiag the locattlan of a Qrovemmental Facility is almost as iuelasive as all zoning districts, it is not neeassar}~ to answer the tlaestiort of w1~er a solid waste collection iiccility iachtdes a SWTF. t The ~D Manual and the l~s7lsborough Area EDD design manual Gave their ownPermitled Use Tables. "Governmental facilities and office Irai]di,nEs" are permitted uses in bath design Manuals, subject to design standards and related approvals also contained ix the Manuals.