Agenda - 09-01-2015 - 6a - Laserfiche WebLink

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5 1 2 VOTE: UNANIMOUS 3 4 1. Application for a Class A Special Use Permit—To review and receive sworn testimony on 5 a Special Use Permit application seeking approval of a school redevelopment/master plan 6 for Emerson Waldorf School's existing facility located at 6211 New Jericho Road within the 7 Chapel Hill Township. 8 9 THIS ITEM IS VERBATIM. 10 11 Planning Board Chair Pete Hallenbeck opened the public hearing, and introduced this 12 item. 13 14 Pete Hallenbeck: We are going to open up the public hearing for an Application for a Class A 15 Special Use Permit for the Emerson Waldorf School. I'll turn it over to Michael Harvey, and we'll 16 be bringing up the people who will be providing testimony so they can be sworn in. 17 18 Michael Harvey: Yes Sir. Michael Harvey, Orange County Current Planning Division. At this 19 time, I'd like to ask any individual who is going to be offering sworn testimony, or evidence, with 20 respect to the Emerson Waldorf Class A Special Use Permit to please come forward, so they 21 can be sworn in by the Deputy Clerk. 22 23 Those who were planning to speak were sworn in. 24 25 Michael Harvey: Again, Michael Harvey, and I have been sworn. As the Chair has already 26 pointed out we are here to review a Class A Special Use Permit for the Emerson Waldorf 27 School. You will note from your packet of information the School actually is on five separate 28 parcels of property, totaling 54 acres in area. Or 55 acres in area, excuse me. These parcels 29 are all zoned rural buffer, and are located within the rural buffer land use category as 30 designated in the future land use map in the Comprehensive Plan. The property is also located 31 within the rural buffer rural residential area, as defined within the Joint Planning Land Use Plan. 32 33 As the Chair has already alluded to, this is a Class A Special Use Permit and is held in a quasi- 34 judicial format. Meaning those parties for and against the application have to provide sworn 35 testimony, as well as competent material and substantial evidence on the merits of the proposal. 36 The Applicant ultimately, by our Unified Development Ordinance, has the burden of 37 demonstrating this project complies with the provisions of the UDO. Anyone opposing the 38 application is required to demonstrate, also through sworn testimony and competent material 39 and evidence, how it doesn't comply and how the Applicant has failed to meet their burden. As 40 has already been alluded to, hearsay or unsubstantiated opinions are not sufficient testimony 41 and are not admissible. If the applicant proves compliance with the Unified Development 42 Ordinance, and there is no evidence in the record that the project does not, then we have an 43 obligation to issue the permit. So with that brief synopsis, what I would like to do is turn this 44 over to Mr. Patrick Mallet of my staff, and the Applicant, to present the actual components of the 45 application package. Thank you. 46 47 Patrick Mallet: Good Evening Commissioners. I'm Pat Mallet, and I've been duly sworn. I'm 48 going to be fairly brief with my part of the presentation, because my understanding is that 49 Emerson Waldorf has a presentation that they would like to make. So, for the sake of 50 redundancy, I'll go quickly. The School was formed in 1984. That predates our requirements 51 under the section 5.8 of the UDO, to require a Class A Special Use Permit. And basically, the