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Home My WebLink AboutAgenda - 04-03-2001-9b.~ ORANGE COUNTY BOARD OF COUNTY COMMSISIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 3, 2001 Action Age Item No. ~_ SUBJECT: American Stone Company/Orange Water and Sewer Authority Planned Development Rezoning and Special Use Permit, Class A DEPARTMENT: Planning &~ Inspections PUBLIC HEARING: (Y!N) NO ATTACHMENT(S): (ALL UNDER SEPARATE COVER) Findings p 5 Application and supporting documentation p 24 Minutes Joint Public Hearing (Nov. 27, 2000) p 35 Minutes -Planning Board (January 11, 2001) p 43 Minutes -Planning Board (February 7, 2001)p 47a Resolution of Approval_for PD Rezoning p 64 Resolution of Approval SUP, Class A p 66 Sutherland and Morris Letters p 76 Additional info provided to Planning Board p 79 Maps INFORMATION CONTACT: Craig Benedict, Director, Ext.2592 Robert P. Davis, Planner III, Ext. 2580 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968501 Durham 688-7331 Mebane 336-227-2031 CONTINUED FROM MARCH 20, 2001 MEETING PURPOSE: To make a decision regarding American Stone Company and Orange Water and Sewer Authority proposed Planned Development rezoning and a decision on the Class A Special Use Permit for expansion of the quarry operations and reservoir. BACKGROUND: A~olicants: American Stone Company Orange Water and Sewer Authority P.O. Box 30013 P.O. Box 36fi Raleigh, NC 27fi22 Carrboro, NC 27512 (919) 781 X550 (919) 968421 Location: At the intersection of NC 54 and Bethel Hickory Grove Church Road (SR 1104) Township: Bingham Current Conditions: Zoning: Rural Buffer (RB) with a portion of the property under a Class A Special Use Permit AJacent Property Zoning: Rural Buffer (RB) Proposed Zoning: Planned Development -Light Industrial (PD-I-1 ), Class A Special Use Permit Acreage: 180± z Information/Issues at Public Hearing on November 272000 • Request far analysis regarding moving equipment into pit in 3.5 years rather than the 7 years proposed • Equipment relocation is constrained by the available area that has been mined, which is a function of market demand far stone • Special Use Permits do not have a mechanism to reflect market demand; the possibility exists that a condition (timeframe) could be placed on the applicant that is neither feasible nor economical • Request of petitioner to define `demonstrable result' with regard to well repair • Request of enforceability of requiring covered loads • County Attorney is presently researching this issue and will present findings at BOCC meeting - • Analysis of bike lane requirement • Staffs requested additional width (i.e. shoulders) along the new portion of Bethel Hickory Grove Church Road. We called the additional width `bike lanes' because bikes usually use them; however, the intent was not specifically bike lanes but additional shoulder width to allow vehicles to pass (i.e. overtake) without moving into the opposing lane. • Condition regarding `attempt to telephone adjacent owners prior to blasting' • There is no specific ordinance that requires the applicant to do this. • Condition of berm being high enough at 20 feet. • Staff anticipates that with the landscaping that will be put in place on the berm--20 feet will be adequate. • Condition allowing residents to submit claims until 2030. • Staff recommends that this condition be amended for allow for repairs up to three (3) years after mining ceases. Continuation_of_January 11.2001 Planning_Board Meeting,to, February 7.2001 Request of for additional information on the following issues: • Requested response from applicant regarding John Sutherland NCDENR letter • Response by January 2fi, 2001 [Applicant provided response] • Requested height and profile of existing berm along the northern property line of the site • Applicant submitted detail drawings - • Amended condition # 14 to allow residents to file for well reparations up to three years after mining ceases • Staff added wording in Condition # 14 Requested clarification of condition # 23 to verify maximum charge delay is consistent with previous Special Use Permit • The maximum charge delay was not set in previous Special Use Permit. The delay was set in the Mining Permit and has been offered as a condition in the new Special Use Permit. • Requested condition # 30 to be amended to require a report to be filed with the Planning Department on an annual basis • Staff amended condition # 30 to require annual submittal on corporate letterhead with verification of accuracy • Requested research regarding extension of water/sewer lines into the Rural Buffer in cases where there exists a public health risk • Provided information on the water/sewer boundary agreement Requested information from American Stone Corporation regarding Air Quality Data and compliance with standards • Provided information on air quality Subse uent to th® Plannin Board recommendation • Clarification Letter received from NCDENR dated February 7, 2001 (reed after PB meeting) • Not considered new evidence but only a clarification to an earlier letter by Mr. John Sutherland • Recommendation added by Administration to require and accept a Conservation Easement over the entire site • Recommendation by Administration to revise the SUP regarding covered loads and rumble strips • Provide for the transfer to the County General Fund of any unused portion of the No Fault Well Repair Fund (NFWRF) at the termination of the NFWRF • Recommendation by Administration to add a condition regarding the relationship between this SUP and SUPs in effect now as to some or all of the property Process 1) Public Hearing held on November 27, 2000 2) Planning Board makes recommendation to BOCC on February 7, 2001 • Planning Board voted 5~ to approve the Zoning Atlas Amendment • Planning Board voted 5-4 to deny the Special Use Permit, Class A • Determined that Article 8.2.1.2 `maintain or enhance value of contiguous property' was not met. • Discussion on the merit and reasonableness of American Stone offer outlined in condition #28. 3) BOCC to make final decision. FINANCIAL IMPACT: None determined. RECOMMENDATION: Administration Recommendation: Approve the Resolution amending the Zoning Atlas rezoning the property from RB to PD-I-1. Approve the Resolution issuing a Special Use Permit, Class A with the conditions as listed in the Resolution. The blacklined version of the Resolution contains Administration recommended changes to the Resolution considered by the Planning Board as listed below: 1) to require and accept a Conservation Easement over the entire site (#50) 2) to revise the SUP regarding covered loads and rumble strips (#27 and #28) 3) provide for the transfer to the County General Fund of any unused portion of the No Fault Well Repair Fund (NFWRF) at the termination of the NFWRF (#14) 4) add a condition regarding the relationship between this SUP and SUPs in effect now as to some or all of the Property (#51)