Minutes 05-23-2011 - Laserfiche WebLink

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think the applicant is going to have to respond in writing to the Planning Board and County Commissioners as well. If you will begin on page 250 of the abstract, going through approximately page 254, we have taken liberty of trying to provide basic responses to the requirements Orange County has imposed on applicants desiring to develop a school within the County. Some of those conditions, in fact one condition beginning on page 254, concerning the park and ride facility—you will note that the County Planning staff has indicated that it is our opinion that there is no need for such a facility at this site. The applicant hasn't proposed it and we don't deem it necessary that they incorporate a park and ride facility for this particular location. You will also note that the site plan that has been submitted to you does show the required mandated two access points. The applicant has been made aware that they are going to have to obtain the necessary driveway permit from the North Carolina Department of Transportation and install that to address access management traffic issues. I believe that we have provided the basic answers within the abstract on the pages that I've sited that all of the specific standards be included. Within your packet are correspondence from the various County staff people, specifically the Fire Marshall, the Sheriff's Office, Rich Shaw with DEAPR ( Department of Environment, Agriculture, Parks and Recreation) with respect to review of this application. We are confident as we continue to move forward we can address the majority of these questions and concerns with the applicant's assistance. Regarding the septic issue, in consultation with Mr. Neal, the church and the applicant have been working with Environmental Health and they are continuing to have meetings and dialogue as necessary. It is my understanding that one of the recommendations of the Health Department is going to be that the existing system is going to have to be expanded in order to accommodate these 12 students. As we typically do, staff will be recommending formal conditions at the Planning Board level, which will then be reviewed by the County Commissioners. Those conditions historically and typically have always been that all appropriate permits are obtained by the applicant before occupancy. The answer to the question of what happens if they cannot secure those permits is that they don't open. That's just a simple answer to that question. We will continue to work with the applicant to supply the necessary information to address the questions posed here this evening and if you have any additional questions, I'll answer them. Commissioner Jacobs: Page 252 talks about screening. It says that, "landscaping and buffering plan appears to be consistent with the requirements of the ordinance." So, does that mean that additional screening is required or the screening that's there, especially in the parking area is sufficient? Michael Harvey: No sir, we determined existing screening is sufficient to comply with the requirement of the code. Commissioner Jacobs: Is there any kind of requirement for a fenced area for a school? Michael Harvey: No, sir. Commissioner Jacobs: So, presumably, there were some safety concerns expressed by neighbors. That would solely fall under the purview of the teachers and the staff of the facility to make sure that the students were supervised and did not venture off the site. Michael Harvey: Correct, sir. I will, however, point out the existing recreation at the existing playground does have a fence around it to separate it from the church facility. Commissioner Jacobs: I just had a question for our Attorney. Is it germane, in a special use permit, to be asking why a facility is moving from one place to another? John Roberts: If the Board of County Commissioners determines it's germane, then yes it is. You are directed, commended by your ordinance to ask questions to determine the competent material and substantial evidence that support the project's compliance with various regulations. Whether the applicant has met the burden of proof, you have to make that