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BOA minutes 082714
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BOA minutes 082714
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BOCC
Date
8/27/2014
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 082714
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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Agendas\2014
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APPROVED 10/13/2014 <br />OC Board of Adjustment – 8/27/2014 Page 5 of 64 <br /> <br /> <br />to the Town of Carrboro’s Land Use Regulations. The permit for the pipeline going through Carrboro 1 <br />was handled on a staff review level and they have held off on processing that permit until the conclusion 2 <br />of this hearing. Ordinance Requirements for this particular project are found within Section 5.9.5 of the 3 <br />Orange County Unified Development Ordinance. Very briefly, the applicant is required to submit a site 4 <br />plan. The Standard of Evaluation for this project are as follows and that is found in Section 5.9.5 (2) that 5 <br />adequate provision has been made to protect adjacent property owners from the dangers of explosion, 6 <br />rupture, collapse, fire or other menace to public health and safety. The public convenience and 7 <br />necessity shall be served by the project and the applicant shall submit proof of liability insurance 8 <br />covering bodily injury and property damage demonstrating a minimum coverage limit of $500,000 per 9 <br />occurrence. I would like to remind the Board that Attachment 2 of your abstract, which you have already 10 <br />entered into the record, contains the application including a detailed narrative providing answers to these 11 <br />questions as well as proof of their liability insurance coverage which is $1,000,000 per occurrence, 12 <br />$500,000 in excess of the County standard requirement. Some brief comments about the site plan, 13 <br />sheets two and three, 37 and 46, contain a project description as well as the construction sequence, the 14 <br />Erosion Control Sedimentation Control Management Plan and various notes detailing the parameters 15 <br />under which this project will operate. As we articulate in this abstract, the applicant is required to obtain 16 <br />state issued erosion control storm water management permits prior to the commencement of earth 17 <br />disturbing activities. We have a condition which we will get to in a minute or a little later this evening, you 18 <br />are going to note that as we point out in our abstract, and I’m on page 137 that there appear to be sheets 19 <br />missing. That is specifically sheets 4 through 15. Those are for portions of this project within Alamance 20 <br />County and not subject to Orange County’s permitting review process. They will be handled and 21 <br />processed by Alamance County independent of any action taken this evening. The applicant’s narrative 22 <br />contains information related to the compliance with other provisions of the Orange County Unified 23 <br />Development Ordinance specifically dealing with, as I have already articulated, Subsections A and B of 24 <br />5.9.2 of the UDO, Adequate provision has been made to protect adjacent property owners and the public 25 <br />convenience and necessity shall be served by this proposed installation. I would also like to point out 26 <br />that their abstract, excuse me; their narrative contains responses on how this project complies with 27 <br />Section 5.3.2 of the Orange County Unified Development Ordinance detailing the general standards for 28 <br />all special use projects. We will review those in a little more detail in a few moments. I would like to 29 <br />state for the record as articulated in the abstract that a transmission line as proposed is a permitted use 30 <br />in Orange County subject to the issuance of this permit. We have received comments from various 31 <br />county agencies, most notably; you have before you a new memorandum issued by Environment 32 <br />Agricultural Parks and Recreation, Environmental Health have indicated there are no permits necessary 33 <br />from their department since this will not involve the installation of septic systems. Erosion Control Storm 34 <br />Water Engineering, it’s going to be following state parameters and guidelines and be required to get a 35 <br />permit through the state and not Orange County as this involves public funds. Building inspections, there 36 <br />will be no locally issued permits. Again, it will be a state permitted project. Solid Waste, the site plan 37 <br />contains the required notes that Solid Waste has indicated is necessary to deal with the disposal of 38 <br />waste generated from this project. Emergency services, the sheriff, we have a comment from the 39 <br />Orange County Fire Marshal; they would like to ensure there is appropriate language within easement 40 <br />documents providing for emergency personnel access to the pipeline. They have also requested that the 41 <br />applicant schedule an appropriate time of meeting with emergency services personnel and local 42 <br />volunteer departments to review development of emergency action plan in the event of a gas line 43 <br />incident occurs. The Department of Transportation has indicated they have no concerns related to this 44 <br />project. Obviously, appropriate encroachment agreements will be necessary and some of the 45 <br />information you are now looking at addressing some of those concerns from the Department of 46 <br />Transportation. As you all know, we do not make recommendations with respect to this project’s 47 <br />compliance with Section 5.3.2 (A) 2 and I am paraphrasing greatly but this is on page 139 of your 48 <br />abstract. First that the use will maintain or promote the public health safety and general welfare. 49 <br />Number two, the use will maintain or enhance the value of contiguous property and I should add that the 50 <br />ordinance says unless the use is a public necessity in which case the use need not maintain or enhance 51 <br />the value of contiguous property and last but not least, location and character of the use if developed 52 <br />according to planned is in harmony with the area and is consistent with the physical development of the 53 <br />County as embodied not only in our zoning regulations but also within the adopted comprehensive plan. 54 <br />Beginning on page 140, staff has identified several goals that we believe support this application 55
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