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DRAFT 55 56 AGENDA ITEM 5: A -1 -12 —APPLICATION FOR CLASS B SUP FOR DEVELOPMENT OF A CLASS II 57 KENNEL 58 59 Michael Harvey: As the typical rules of procedure of this board require where all individuals 60 intending to speak or provide any comments please come forward to be sworn in. 61 62 Individuals sworn in: Bob Hornik Mike Wheeler Nora[ Stewart David Schmidt Tammy Purner Robert Long Kathleen Schenley Chad Abbott Claudia Harris Cornelius Kirschner Cecil Griffin 63 64 Michael Harvey: At this time, I would ask the board to accept staff's abstract which begins on 65 page 3 of the packet into the record. This includes for purposes of the record, Attachment 1 66 which is the actual Special Use Permit application including the site plan and other attachments. 67 Attachment 2, which is an aerial photograph of the property; and Attachment 3 which is staff 68 correspondence concerning this request. I will call to the board's attention which begins on 69 page 63 of the packet and that includes the septic permit issued by Orange County Health, 70 comments from the Sheriff's Department, Fire Marshal, Animal Control, the Department of 71 Environment and Natural Resources for Orange County and Attachment 4 which are the 72 Findings of Fact for this request. This is a script that will be reviewed by you prior to the closing 73 of the public hearing outlining the various standards to be held to. As you are aware, the 74 planning staff provides a recommendation on specific items as specified by the ordinance. An 75 example is, do we have a site plan, and was it submitted in accordance with the code as 76 containing required information. You will be reviewing our responses to that information. This 77 Board is obligated, once the public hearing is closed and deliberation begins, on page 97, you 78 are required to make specific findings of fact dealing with the project's compliance to Section 79 5.3.2(A)(2), the General Findings of Fact, that the use will maintain or promote the public health 80 safety and general welfare, that the use will maintain or enhance the value of contiguous 81 property, and the location and character of the use of development according to the plans 82 submitted will be in harmony with the area which is it to be located. In making motions to affirm 83 or negate, you will have to make specific findings of the information that has been entered in the 84 record allowing you to make this decision either for or against. I will also ask that you enter into 85 the record a statement from the applicant further identifying this project's compliance to the 86 Comprehensive Plan. You also have notes and a presentation from an adjacent property owner 87 who is asking you to take some things into consideration. You also have a copy of the public 88 notice we sent out to the adjacent property owners. I would like to submit the certified mail 89 receipts to be entered into the record that we complied with the provisions of notification for the 90 ordinance. We can now briefly review the application and turn it over to the applicant. 91 92 Bob Hornik: I am an attorney with the Brough Law Firm in Chapel Hill. I am representing the 93 applicant here this evening in connection with the Special Use Permit application. Our team 94 includes David Schmidt; one of the people behind the application, and we have Tammy Purner, 95 and her husband, Andrew Purner, two of the applicants. We have Margie Schmitt, Dave's wife; 96 she is involved with the team. We have Cecil Griffin who is the property owner to the north of 97 the property and also an applicant. Chad Abbott from Southern Engineers, who will give you 98 the design details and site plan layout for the proposed kennel facility. Also, Michael Wheeler, a 99 certified real estate appraiser will talk about property value and Noral Stewart will provide a 100 noise impact that might be associated with the kennel operation. I am not going to go into any 101 detail right now regarding the application. Mr. Harvey did a good job of presenting the general 102 outline of the application. Kennel use is permitted in the Rural Buffer district with a special use OC Board of Adjustment — 5/1412012 Page 2 of 41 Q±A