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DRAFT -40- RECOMMENDATION: The Planning Staff has not received any information that would establish grounds for making a negative finding on the general standards. These standards include maintaining or promoting the public health, safety, and general welfare, maintaining or enhancing the value of contiguous property, and the use being in compliance with the general plan for the physical development of the County. The Planning Staff has reviewed the application, the revised site plan, and all supporting documentation and has found that the applicant does comply with the specific standards and required regulations. In the event that the Board of Adjustment makes the determination that the permit can be issued, Planning Staff recommends the attachment of the following conditions: (1) That the applicant complete and submit a formal application to the Orange County Inspections Department requesting authorization to commence construction of the proposed kennel facility. The application, including all applicable fees, shall be submitted within one hundred eighty (180) days from the approval of the Special Use Permit. Further, the building permit application shall be reviewed and approved by the Director of Animal Services for compliance with any and all applicable animal control regulations in accordance with the UDO, (2) That the Orange County Fire Marshal's office shall review and approve the building plans, as part of the normal building permit review process, and that any and all modifications to the structure be made . to address fire code issues prior to the issuance of the permit authorizing the commencement of construction activities, (3) That the applicant complete, submit, and receive approval for a Class II Kennel application from the Orange County Animal Control Department within one hundred eighty (180) days from the issuance of the SUP, (4) That the applicant be required to submit a sign rendering for review and approval by the Planning Department within one. hundred eighty (180) days from the issuance of the SUP and that the approved sign shall be installed prior to the issuance of a Certificate of Occupancy allowing for kennel operations to commence. (5) That the applicant shall submit the approved site plan to NC DOT for review and comment. In the event it is determined that the applicant is required to apply for, and receive a, driveway permit from NC DOT to allow for the project to be developed, the applicant shall submit all necessary applications as required by NC DOT within one hundred eighty (180) days from the issuance of the SUP and provide planning staff with a copy of the issued permit, (6) That prior to the commencement of land disturbing activity the applicant shall submit all necessary stormwater and erosion control applications to the Orange County Erosion Control Department. These applications shall be submitted within one hundred eighty (180) days from the issuance of the SUP. (7) As denoted on the approved site plan, if the ownership of the northern contiguous property be sold or otherwise fall out of ownership from any individual connected with the ownership and /or operation of the kennel facility, the kennel facility shall be forced to cease and the approved SUP shall become null and void. 603 604 MOTION made by David Blankfard to accept staff's recommended conditions numbers 1 through 605 7 with the edits as follows. Condition number 1, "that an acoustic report will be submitted with 606 the building construction building permit. That the building is constructed with mitigating noise 607 materials that will meet the county ordinances." Added to the end of condition 7, "or the 608 applicant or subsequent owner shall have 90 days to submit an application to bring compliance 609 within the 150 foot setback should the property be sold ". Add item 8, "A berm shall be 610 constructed on the northern boundary line of the proposed project to mitigate any potential noise OC Board of Adjustment — 5/14/2012 Page 40 of 41