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APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 47 of 64 these regulations or in the Comprehensive Plan. Please remember we do not make recommendations 1 on those standards you have to make findings based on the evidence entered into the record. We’ve 2 provided you with synopsis of what was already in the record specifically the application. We have 3 provided you a list of nine conditions if you see fit to approve this project. Those conditions are as 4 follows. The applicant shall abide by all conditions/operational parameters as denoted on the approved 5 site plan. The second condition which I think is incredibly for those residents in the audience and it’s 6 something we have been working on to clarify with the issuance of the Special Use Permit, especially in 7 this type of scenario, is that the granting of this permit shall in no way be construed as limiting a property 8 owner’s ability to modify/expand permitted land use(s) on their property as it relates to Section 2.7.14 of 9 the UDO. As you all know, Special Use Permits, the only way you can quote/unquote modify or expand 10 a Special Use Permit is to go back through this very same process. It’s not the County’s intention to 11 require private property owners if they are doing work on their property especially one that is 12 encumbered by an SUP to have to go through this process. That is also something we have to clarify in 13 the UDO at a future point in time to ensure that we’re not inadvertently creating a burden or a hazard on 14 a private property owner that may be subject to certain provisions of a SUP. The third we recommend is 15 the applicant shall apply for, and receive, all required State and Federal permits authorizing the 16 commencement of land disturbing activities. The applicant shall provide copies of said 17 permits/authorizations to the County. This shall include any NC Department of Transportation 18 encroachment agreements required for the project. Obviously the applicant this evening has submitted 19 which we’re calling applicant exhibit 2. A list of permit authorizations from various state and federal 20 entities for this project. There are a few outstanding. They have had no objection to submitting all of the 21 supplied permits as we have requested. The fourth condition the applicant shall provide copies of all 22 executed easement agreement(s) for all impacted properties. Again, as we’ve already told the Board this 23 evening the applicant submitted what we are calling applicant exhibit 1, various easement agreements. 24 The fifth condition is the County Attorney’s office shall review all easement agreements to ensure 25 appropriate language is present allowing for emergency vehicle access. The sixth condition is the 26 applicant shall coordinate, with the Orange County Fire Marshal, the scheduling of a meeting to 27 review/develop an emergency action plan in the event of a gas line leak/rupture. Condition seven at the 28 commencement of earth disturbing activity, the applicant shall coordinate with the Planning Department 29 and DEAPR staff to ensure the preservation and protection of identified historic/cultural resources in the 30 area of the pipeline project. Eight and nine are actually the conditions inherent in the UDO and what 31 they stipulated is that the Special Use Permit will automatically expire within 12 months from the date of if 32 the use has not commenced or construction has not commenced and if any condition of this Special Use 33 Permit shall be held invalid or void, then this Special Use Permit shall be void. I’ll be happy to answer 34 any question you have at this time. 35 36 Larry Wright: Any questions for Mr. Harvey? 37 38 Karen Barrows: The only thing I wanted to ask Mike is usually when the use will maintain or enhance 39 value of contiguous property, we see an appraiser come. They felt they didn’t need to do that because 40 of the public necessity? 41 42 Michael Harvey: That’s their argument, yes madam. 43 44 Larry Wright: Any other questions for Mr. Harvey? Hearing none, I would like to close the public hearing 45 and we will start our deliberations. I would like to ask the Board members to look at pages 272 to 274 46 and look through the Ordinance requirements of 2.2, 2.2.d, 2.7.3.b.1 through 11. This is looking at these 47 application components for Section 2.2 and 2.7.3 Class B do I have a motion from the Board. 48 49 David Blankfard: Do you want to have discussions first? 50 51 Larry Wright: I think that would be a good idea. Are there any discussions that the Board would like to 52 have? 53 54 Karen Barrows: On just these two pages? 55