Minutes - 19851015 - Laserfiche WebLink

Browse Search

000ti47 Chair Willhoit asked for clarification on Condition #4 and requested that the item be more specific. Smith indicated the word "retained" should replace "maintained." There is existing vegetation adjacent to the railroad tract to which the condition makes reference. He questioned the meaning of fencing in Condition #9 and Susan Smith read the Planning Board minutes which indicated that "suitable fencing be required to prevent access by children and animals." Commissioner Walker asked if the Board could require a specific pond be fenced without requiring that all ponds be fenced. Susan Smith indicated the Ordinance permits in a Special Use Permit process that conditions be attached to address those concerns raised and identified with the development. Smith noted that the vegetation on the back side along the railroad will be six feet. Motion was made by Commissioner Carey, seconded by Commissioner Marshall that the Board of Commissioners findings of fact are in concurrence with the Planning Board findings. Chair Willhoit indicated a decision must be made on whether the public purpose has been met by an equivalent or to a greater degree by the applicant and as embellished by the special conditions attached. VOTE ON THE FINDING OF FACT: UNANIMOUS. Motion was made by Commissioner Marshall for denial on the basis of 7.17b, 7.17c and 6.12a. Alonzo Coleman, Attorney, noted that in the event the Board made a negative finding that has been addressed by the special conditions and the Board desires to issue the Special Use Permit, it must state each negative finding and the special condition that satisfies the Ordinance. MOTION FAILED FOR LACK OF A SECOND. Chair Willhoit requested comments from the Board on the special conditions. Susan Smith indicated that the vegetation referred to in Condition #4 may be used to satisfy part of the requirement in Condition #5. She indicated that at the top of the site plan the developer has indicated the type of vegetation that will be used, how it is to be placed, and the width of the landscape strip. Also proposed is a six foot high wooden stockade fence to be used in conjunction with the vegetation. The applicant had proposed to landscape the front of the property along NC10 and 46 feet along the eastern side of the property. The Planning Board's recommendation to the Board of Commissioners includes a condition to continue the landscaping in accordance with Article 7 and Article 12 along the eastern side of the property for an additional distance of eighteen feet and across the rear of the property. Existing vegetation would satisfy the requirement in some situations, but some sections would need to be supplemented with additional vegetation. There was a consensus to change condition #4 to read as follows: "Grading on the site shall be kept to a minimum consistent with maintenance of runoff control. In lieu of planted landscaping, existing vegetation shall be retained along the railroad right-of-way. Commissioner Lloyd questioned the fencing around the ponds since the ponds need to be periodically cleaned by a backhoe. Commissioner Walker questioned the fairness of requiring fencing around the ponds in this application without requiring it around other ponds.