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BOA agenda 101016
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BOA agenda 101016
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10/11/2016
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Regular Meeting
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Agenda
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BOA minutes 101016
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another modification to address access. 1 <br /> 2 <br />Just going through the abstract; the area is predominantly single-family residential development, with large 3 <br />scale parcels of property. This particular parcel of property is in farm use; it’s actually encumbered by a 4 <br />timber deed and was recently timbered. Consistent with that deed harvest the existing vegetation on the 5 <br />property. There isn’t any water sewer service in the area but, I will point out that this is a driveway so no 6 <br />water sewer is necessary. There will be no septic or well associated with the extension of this driveway. To 7 <br />the North you have Interstate-85. You have utility easements running through the northern portion of the 8 <br />property. Electrical utility lines and again, we have single-family residential here, we have residential here 9 <br />to the East and there’s large tracks to the South and also undeveloped property. So what’s being requested 10 <br />is to encumber this particular parcel of property under the same SUP as the existing tower for means of 11 <br />allowing ingress/egress. To do this under the ordinance requires a modification. Why? You’re changing a 12 <br />conditional of the original permit that had access off of land out here and encumbering a separate parcel of 13 <br />property with a drive access easement. That requires a modification. Staff does not have a legal ability to 14 <br />allow for a minor change to allow that to occur because this parcel here is now going to be encumbered by 15 <br />some of the provisions of this SUP. 16 <br /> 17 <br />The applicant was required, and again I’m focusing on pages 59-80 to submit the appropriate application 18 <br />site plan. We’ve required that they complete an environmental assessment application. They have provided 19 <br />a narrative outline of the rationale behind this move, which I’ll let them get into in a moment. In concluding 20 <br />staff comments, this is a modification to an existing drive location; there will be no change to the tower. You 21 <br />approving this request if that is your choice to do this evening will not impact or require any modification to 22 <br />the actual tower itself. The tower’s not going to be increased in height, it’s not going to increase the number 23 <br />of antennas that can be put on it; you’re just allowing for modification to the drive access point. You’re 24 <br />approval does not grant the applicant any authority to engage in any land development, they still have to go 25 <br />through a permitting process specific with the DOT with Orange County Erosion Control as applicable, 26 <br />especially with a stream crossing here. And we’ll talk about conditions at an appropriate time in a minute 27 <br />but, I want to remind the board that if you see fit based on the competent material evidence and testimony 28 <br />entered into the record this evening to grant this modification, the applicant still has obligations to go 29 <br />through a permit and review process. Now, primarily, that’s going to be with Orange County Erosion Control 30 <br />but you’ll note that the DOT will be involved as well as Orange County’s Fire Marshal’s office. 31 <br /> 32 <br />We have found several components of the comprehensive plan, as noted on page 54, that we believe 33 <br />support the request. You will note, again on page 54, that staff held the required neighborhood information 34 <br />meeting, for all SUP’s we’re required to hold a neighborhood information meeting, this meeting was held on 35 <br />November 30. We have provided a summary of the comments. We also forwarded a copy of an email that 36 <br />was sent not only to all those that attended the neighborhood meeting but to the applicant as well, so they 37 <br />could understand what some of the comments were. The biggest concern was how the applicant handles 38 <br />the stream crossing and the short and sweet answer is that they’d have to get the appropriate permit but, 39 <br />stream crossings are permitted. They would have to mitigate any potential environmental harm that they 40 <br />would do to the erosion control permitting process. There were questions about how big the driveway would 41 <br />be, there were a lot of concerns about the property being cleared and I will just reiterate for the record the 42 <br />clearing that has already occurred was external to this request. It was actually being done consistent with a 43 <br />previously recorded timber deed. 44 <br /> 45 <br />There was concern expressed by several neighbors over the condition of the road. We have reached out to 46 <br />the DOT who indicated they will investigate whether or not there needs to be maintenance done on Old 47 <br />Oak Place. Unfortunately, all I can testify to is that in talking with the DOT they don’t see the addition of the 48 <br />driveway as creating any major change in existing traffic patterns. I will state for the record that the addition 49 <br />6
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