Agenda - 09-18-2012 - 6a - Laserfiche WebLink

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28 1 80's. Finally, I will say that there are policies within the Comprehensive Plan lending credence 2 to the viability of this proposal. 3 4 What you are being asked to do tonight is receive the application, conduct the public hearing, 5 accept County Commissioner and Planning Board comments, refer the matter to the Planning 6 Board with a request that a recommendation be referred to the County Board of Commissioners 7 in time for your September 18th meeting, and that you adjourn the public hearing until this date 8 and time certain in order to receive the Planning Board recommendation. Mr. Dickenson, the 9 applicant is here this evening. If you have any other questions, I'd be more than happy to 10 answer them. 11 12 There were no questions from the Planning Board or the Board of County Commissioners. 13 14 Spence Dickenson: I have been sworn in. I have owned Spence's Farm since 1984, and I've 15 worked with over 10,000 children at the farm. I've made a significant difference in the people 16 that have been there for 15 years and even worked for me at this point. At some point we 17 looked at what to do to have the farm be legal, in compliance with everything. As a farm, it was 18 exempt from the Planning zoning. We have been trying to bring it all into compliance. The only 19 thing left at this point is the septic system. I have been turned down by the Health Department 20 as far as being able to find any septic system on Spence's Farm proper. I own the adjacent 21 land. Michael Harvey is of the mind that we couldn't go across the PDD to put it where we were 22 going to put it on the upper piece until we took it out of the special use. 23 24 Chris Lamb: My name is Chris Lamb, and I have been duly sworn in. I live in the Heartwood 25 community and know Spence well and drive by his farm every day. I do support resolving the 26 issue around the septic system. It's been going on for too long, it needs to be resolved. My 27 main concern with this change this piece of property will no longer be subject to our existing 28 covenants as well as the provisions of the special use permit. In the plans I see here and 29 potential interpretations of the special use permit and whoever may own that piece of property in 30 the future, I do not see enough protections of my property value rights. This property will now 31 extend that farm/camp/retreat into the Heartwood community. And while Spence has done a lot 32 to improve appearances of the farm with Heartwood, recently that's not been the history and it 33 might not be the history of future owners of that property. So I would like to see some sort of 34 protection where this piece of property can only be used for that septic field and no other 35 activities or services or hindrances into the farm so that we could still have this border that 36 protects the Heartwood community and the value of our properties for the many activities on the 37 farm. I think this plan really opens up a whole host of interpretations of what could be run on 38 that piece of property right next to our Heartwood homeowners and our pond. I would like to 39 see some type of extra specification be put in that it could be only be used for that septic system 40 and no other services or buildings or structures. 41 42 Michael Harvey: I will speak the best that I can to that. What the Board is essentially being 43 asked to do this evening is allow lot 31 R to be removed from the existing special use permit and 44 have it rezoned to Rural Buffer. Mr. Dickenson is not going to be able to develop the septic 45 system on the property until it goes back to the Orange County Board of Adjustment and 46 combines this parcel with the existing special use permit, where it will have to be reviewed and 47 approved at a public hearing. Mr. Dickenson will have to allow the Board of Adjustment to 48 develop findings of fact making the determination that the request is consistent with the various 49 general standards detailed within Section 2.7 as well as 5.3.2 of the Unified Development 50 Ordinance. He will also be required to maintain buffers as required by the ordinance in terms of 51 separation, the natural buffer separating this particular parcel of property from the Heartwood