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DRAFT -26- .338 David Blankfard: We have this low lying pond, would that material decaying in that pond affect .339 Mr. Kirschner's water quality? .340 .341 Chad Abbott: As it exists now, any time leaves gather there or trees fall there, they take up .342 nitrogen as they grow and turn back into soil and release nitrogen back into whatever they are .343 in. If they are in water, they will elevate the level of nitrogen in this pond. That process could .344 cause problems but the quality of the water and I know he doesn't like the fact, the quality of the .345 water coming from this site will be held to what the EPA has mandated to Orange County and 346 the state through the NPDES permit and you have to adhere to those and if you don't you get .347 fined. I can't be there to make sure everything works when it rains but if a problem occurs, the .348 same as anybody else, you get fined. You are supposed to have design controls in place. .349 Once it gathers in that low lying area that he says is part of his pond, we can't control what .350 happens when it gathers there, it sits and could turn back into whatever, I can't control that. .351 .352 Cecil Griffin: The vast majority of the water coming through there comes off county property not .353 ours. We have no control of the quality of water coming off county property. .354 .355 Bob Hornik: I don't want to belabor the point. We have been here three hours and heard all the .356 testimony. The application seeks approval of a lower density than some of the other uses, that 357 this property could be an innovated environmental proposal, solar panel, cisterns, as given in .358 the name Green View Lodge, one of the ideas was to try to be ecology environmentally 359 conscious in the way the property is used and the way the facility will be operated. You have 360 heard Mr. Abbott, Mr. Wheeler and Mr. Stewart provide their expert testimony on the various 361 design issues, noise issues, and property value issues. The evidence shows to the Board that 362 we comply with the specific standards for the proposed kennel use. We comply with the general 363 standards of the UDO for the type of development we propose for the property. We understand 364 the neighbors are not happy with some aspects of the proposal. What they have offered is 365 speculation and fears about what might occur if the property is allowed to develop as proposed 366 by my clients. I think this Board knows that speculation, fears, concerns, isn't enough to rise to 367 the level of component evidence to support denial of the application. There have been a few 368 questions about water quality, drainage issues, and stormwater issues. In order to get our 369 permits, after the SUP is approved we still have to comply with requirements of Erosion and Soil 370 Control, we have to meet all the stormwater standards for the site. There are still more review 371 and codes that have to be met before we build and operate a site. When it is all said and done, 372 1 suggest to the board that the board can and should make the findings required by the zoning 373 ordinance. Testimony for the board is the use will. maintain the value of contiguous property. 374 Testimony characterizes the use promotes the public health, safety and welfare and that the use 375 is in harmony with the area and consistent with the Comprehensive Plan for Orange County and 376 for the rural buffer district. We ask the board to approve the special use permit. I know that Mr. 377 Harvey has prepared some proposed conditions attached to it. My clients are not opposed to 378 any of those conditions. We have also expressed that a condition voluntarily that we put some 379 kind of berm along the boundary line behind the dog play area to muffle some of the sound that 380 might be generated along that direction. For all those reasons, I ask the board to act tonight to 381 approve the application. 382 383 Dawn Brezina: Does this complete the testimony for tonight? 384 385 Michael Harvey: I have a few housekeeping items. As we do with every special use permit, 386 staff provides you with the necessary script. This allows staff to provide you locations and 387 evidence on standards we feel we can respond to and obviously giving you the heads up on 388 what you, as the Board, will have to do. We always recommend conditions in case you approve 389 a project. 390 391 OC Board of Adjustment — 5/14/2012 Page 26 of 41