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BOA minutes 110915
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BOA minutes 110915
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3/26/2018 9:15:11 AM
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BOCC
Date
11/9/2015
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 110915
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Approved 1/11/2016 <br /> <br />OC Board of Adjustment – 11/9/15 Page 41 of 48 <br /> <br />from happening. 1 <br /> 2 <br />Matt Hughes: But, for the purposes of this hearing, this was not something that was accomplished. 3 <br /> 4 <br />Kara Brewer: Right, I was under the impression that because sound is controllable it doesn’t specifically speak to me meeting the 5 <br />requirements of this SUP application. And there’s nothing in there, specifically, that says I have to do certain things to alleviate the 6 <br />sound. Now, I do have to follow Orange County sound ordinances which of course I will do, but other than that I’m not aware, and 7 <br />feel free to correct me if I’m wrong, but there isn’t anything else that I would do. If so, I’m more than happy to do it. 8 <br /> 9 <br />Michael Harvey: There’s no standard in the UDO requiring that the applicant meet a certain noise thresh hold, there’s a noise 10 <br />ordinance enforced by the sheriff’s department. But, there is no SUP provision that says thou shalt hire a sound expert and show 11 <br />us that there will be no sound issues. Having said that and without belaboring a point and putting words in anybody’s mouth you 12 <br />have obviously heard concerns that have been expressed by those in opposition or some several people in opposition and that 13 <br />has to be weighed and that has to be part of a deliberation and obviously you’re trying to ask questions to seek additional 14 <br />guidance from the applicant so…. 15 <br /> 16 <br />Matt Hughes: And the testimony we heard, certainly from Dr. Stewart and from the people who live in contiguous properties and 17 <br />whatnot, this is all material and relevant. I mean, can you advise us regarding this. We heard from a veterinarian who talked about 18 <br />some public health issue related to this. 19 <br /> 20 Michael Harvey; I don’t think it’s appropriate for the staff to make a value judgement of the viability of purported expert 21 <br />testimony... And the reason being is because, quite honestly, it would be argued, because I would argue it, that how the heck does 22 <br />a planner an expert in land use planning question what a sound engineer or veterinarian or anybody else does… I think, 23 <br />unfortunately, you’ve hit at what James had articulated at the beginning of the hearing and what I attempted to articulate at the 24 <br />beginning of the hearing, this is a quasi-judicial process where you’re going to hear evidence, some of it contradictory and you 25 <br />have to weigh the validity of that evidence as you move forward in the process. 26 <br /> 27 <br />Matt Hughes: I was seeing how far I could get some advice from you.. 28 <br /> 29 Michael Harvey: Well, without shirking my responsibilities but at the same time, recognizing my limitations I think that as we 30 <br />identified in the abstract you have provisions of the County Comprehensive Plan that lends credence to this application 31 <br />being approved, you have comments that we’ve identified in the abstract where concerns have been identified where residents 32 <br />where it doesn’t meet the county ordinances. From our stand point the applicant has met their burden with respect, complying with 33 <br />the specific development standards. That is, we have a site plan that shows set-backs, that shows buffers, that shows lighting. We 34 <br />have comments from other county departments indicating we do not believe this will have a negative impact on their ability to 35 <br />provide service. Advertise requirements were met. Whether or not there is a need for the applicant to address the acoustical 36 <br />engineering concerns, I think that goes to the heart of your question, it’s been responded. 37 <br /> 38 <br />Matt Hughes: Alright, so that’s why page 85 is for us? 39 <br /> 40 Michael Harvey: Correct. 41 <br /> 42 <br />Matt Hughes: I have a question for you sir, David…. One of the things that several people have brought up, the witnesses that 43 <br />testified brought up, involved traffic and the impact on the impact on Morrow Mill Road and Millikan Road. I’m just curious, you 44 <br />brought in a sound expert, but why not someone regarding traffic and looking at what is, I guess one of the things that I’m trying to 45 <br />figure out, especially since there’s been testimony about other similar facilities in rural Orange County… What traffic would like 46 <br />there as it could possibly relate to this that, that would have been something I would have been interested in. 47 <br /> 48 <br />David Rooks: And if we had an unlimited purse. 49 <br /> 50 <br />Matt Hughes: Fair enough. 51 <br /> 52 <br />Susan Halkiotis: And so, I think we must be hooked up with electrodes here because my question had to do with traffic, and why 53 <br />we get reports from other county agencies with regards to safety and fire and the sheriffs’ response, but traffic wasn’t specifically 54
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