BOA agenda 101016 - Laserfiche WebLink

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The applicant had an expert testify that the proposed re-location of the driveway would not impact 1 adjacent property values.There was no evidence entered into the record refuting the applicant’s 2 testimony or the impact analysis report. 3 In the end, the Board voted unanimously to make a finding that the applicant had met her burden and 4 proved that the proposed use was compliant with the established standard. 5 6 iii. The location and character of the use, if developed according to the plan submitted, will be in harmony 7 with the area in which it is to be located and the use is in compliance with the plan for the physical 8 development of the County as embodied in these regulations or in the Comprehensive Plan, or portion 9 thereof, adopted by the Board of County Commissioners. 10 The applicant and staff provided testimony indicating that the proposed use was in character with the 11 area based on the requirements of the Ordinance and the Comprehensive Plan. The Board voted 12 unanimously indicating that the applicant had met her burden of proof for this required finding. 13 14 After considering all written and oral evidence presented at the PUBLIC HEARING, the Board voted unanimously to 15 approve the SUP application subject to the following conditions: 16 1. Nothing associated with this approval shall be deemed as prohibiting the use of the subject parcel as a farm or 17 prevent the maintenance of existing utilities with the exception of preserving the access easement as denoted 18 on the approved site plan. 19 2. Nothing associated with this approval shall be seen as modifying the existing telecommunication tower other 20 than the relocation of the existing driveway off of Landau Drive. 21 3. Final assignment of a street address shall be completed by Orange County Land Records prior to the issuance 22 of any permit authorizing land disturbing activity on the property. 23 4. The applicant shall be required to obtain all required North Carolina Department of Transportation approvals 24 and permits allowing for the creation of the driveway prior to the commencement of land disturbing activity. 25 5. Orange County Emergency Services shall review and issue approval for the proposed access road serving the 26 tower. 27 6. The applicant shall obtain all necessary development permits from the County prior to the initiation of and land 28 disturbing activity associated with the construction of the new driveway including, but not limited to: 29 a. Erosion Control/Stormwater Management Permit, 30 b. Solid Waste Management Permit, and 31 c. Zoning Compliance Permit. 32 As part of the review of proposed construction drawings roadway, the Orange County Erosion Control shall 33 review and evaluate all proposed stream crossings to ascertain if additional permits are required. 34 7. Any and all abandoned structures shall be removed within 12 months as required under Section 5.10.8 (B) (4) (t) 35 8. As required under Section 5.10.8 (B) (4) (v) electromagnetic radiation levels shall be maintained in compliance 36 with applicable FCC regulations. 37 9. The applicant, working with the Department of Transportation, shall cause signage to be posted indicting Old 38 Oak Place is a dead end road and denoting the end of the State maintained right-of-way. 39 10. The applicant shall cause the development of a revised site plan denoting the location of a second gate, not 40 adjacent to Old Oak Place or in view of the adjacent property owners, that is reasonably acceptable to staff and 41 adjacent property owners. The applicant shall install vegetation in and around the second gate to screen it 42 from view. 43 37