BOA minutes 061013 - Laserfiche WebLink

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Approved 7/8/2013 OC Board of Adjustment – 6/10/2013 Page 14 of 92 Michael Harvey: No sir. This is solely on the New Sharon Church Road/Bill Poole Road application, 1 case A-1-13. Beginning on page 44, Section 2.7.5, compliance with submittal notification 2 requirements. There is a typo at the top so please correct CLASS A to CLASS B. This is a Class B 3 Special Use Permit. We have provided the necessary documentation detailed in compliance with the 4 notification requirements. Attachment 3 of your abstract package, you will recall some mail 5 certification signed by staff and included a copy of the certified letter sent to all property owners within 6 1,000 feet. The certified stubs/receipts signify letters were mailed within the appropriate time period. 7 We also did submit a legal ad to the newspaper that was advertised as required by the UDO. On 8 page 45, compliance with Section 5.10.8 Standards for Telecommunications Facilities. Again, we 9 have provided our recommendation with respect to the evidence in the records supporting an 10 affirmative finding. You will note that as required by Section 5.10.8 (A) (1) (b) of the applicant’s tab 3 11 contains a detailed narrative as well as tab 6, 7 15, 16, 17, 19, 20, 21 and 22 providing the necessary 12 documentation justifying the approval of the tower, elevation drawings and on page 46 all the 13 necessary information is contained in tab 3, 6 and 7. We do have a statement already discussed by 14 a professional engineer, licensed by the State of North Carolina, indicating the tower can support the 15 loads. On pages 48-49, we have found the additional compliance with respect to the application to 16 the necessary documents providing detail. I will ask you to note with respect to Section 5.10.8 (A) (1) 17 (g) on page 48, the applicant has provided the initial Geotech report and they are going to be required 18 to submit a final Geotech report that can’t be done until they actually start doing more testing and 19 they won’t do that until the permit is issued. So please keep in mind a final engineering report, 20 Geotech report, will be submitted as part of the building permit application standard but staff has 21 reviewed the Geotech report and found it is not proficient and it complies with the code. Compliance 22 with Subsection A continues all the way to page 52. The question has already been brought up today 23 about co-location. I will remind the Board there are co-location standards in this ordinance. They are 24 not required compliance with Section 5.8.10 (A) (2) because this is not a co-location application but 25 we do provide there will be co-locations. The ordinance has standards dealing with co-locations but 26 issues with co-locations will be addressed at such time they are proposed and the applicant is 27 required to demonstrate compliance with 5.8.10 (A) (2) at that time. Beginning on page 53, we have 28 compliance with Section 5.8.10 (B) General Submittal Requirements and I will attest that they have 29 complied. We have provided you the necessary detail. Page 54, we provide information on the 30 balloon test that is chiefly contained in tabs 7 but there is information in tabs 3, 7, 8, 9, 10, 11 and 12 31 addressing compliance with this section. On page 56 and 57, we talk about compliance with 32 Landscape standards; existing vegetation will be utilized to comply with existing landscape standards. 33 This is also, as we have noted, a heavily vegetated site. This goes on for several pages. Staff has 34 provided the necessary documentation that we believe exists in the record on the application itself 35 demonstrated compliance on 5.10.8 so if you would turn to page 89 where we get into compliance 36 with specific standards, 5.3.2 of the Unified Development Ordinance specifically the method and 37 adequacy provision for sewage disposal facilities, solid waste and water service. Attachment two of 38 our application package contains the necessary documentation from Orange County Solid Waste, 39 Orange County Environmental Health indicated the project will comply with the necessary standards 40 they are not proposing a septic system or well so Environmental Health has no issues with the 41 project. Solid Waste, Jeff Scouten has indicated his approval for the project. Page 90, method and 42 adequacy of police, fire and rescue squad protection. Attachment two provides the necessary detail; 43 David Sykes has indicated his approval. Orange County Sherriff’s office has also indicated to staff 44 their approval that the project can be served. Method and adequacy of vehicular access to the site 45 and traffic conditions have a site plan where the applicant is intending to show access in tab 6. A 46 recommended condition of approval is that we get a final driveway permit from DOT. DOT has seen 47 the site plan and expressed no concerns over access management. Mr. Fagan will have to address 48 continual access to the tower. On page 91, compliance with Section 5.3.2 (A) Special Uses – 49 General Standards and this is where we don’t provide a recommendation because it is based on the 50 testimony this evening. I will remind you with respect to compliance with Section 5.3.2 (A) (2) (a) the 51 use will maintain or promote the public health safety and general welfare if located where proposed 52 and developed and operated according to the plan submitted. You have in the packet, tab 3, the 53