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