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Approved 6/13/2011 OC Board of Adjustment – 3/14/11 Page 38 of 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 proposed structures as required by 8.8b. You will see that I have determined that this property does not require by the Orange County Environmental Impact Ordinance to submit an environmental assessment and/or an environmental impact statement as it does not exceed the minimum land disturbance area required so we are making a finding of non-applicable. Under 8.8d, that Mr. West paid the appropriate fee. Anyone have any questions on the finding on page 136? Beginning on page 137, the Orange County staff is required to make findings with the specific impact or focus on whether or not the project complies with the dimensional requirements as contained within article 5 of the Orange County Zoning Ordinance. Specifically, Article 5.1.2 that there is a minimum lot area for this use of 40,000 square feet. There is a minimum lot width of 150 feet. That there is a required front yard setback of 40 feet met by this proposal. That there is a required rear and side setback of 20 feet met this as required for this proposal and there is a maximum building height of 25 feet as required by this proposal. You will note, I have made a confirmative finding of all sections indicated. The property is 10 acres in area which is way over 40,000 square feet. The lot has over 900 feet of frontage along the access easement providing ingress and egress to Old Greensboro Highway and based on the provisions of the code as defined, that meets the minimum lot width requirement. That the proposed boarding facility is approximately 185 square feet from the front property line which meets the requirement of the from yard setback of 40 feet. That the proposed boarding facility is approximately 210 feet from the southern property line, 650 feet from the northern property line and 210 feet from the rear property line and the proposed facility as submitted shows on the elevations provided in the site plan that it complies with the maximum height of 25 feet. All that information is derived from the site plan you have before you this evening. Any questions? Seeing none. Beginning on page 138, compliance with the land use intensity requirements as articulated within Article 6, Section 6.12. You will note that staff has determined the minimum gross land area and the maximum gross land area for subsections a and b of Section 6.12 are not applicable as contained within the current Orange County Zoning Ordinance. From the site plan, staff has been able to determine that the project complies with the maximum floor area ratio 38,000 square feet allowed on this property. That the site plan provides sufficient documentation to prove that the proposed project meets the minimum open space ratio requirement of 365,940 square feet and that as defined by the ordinance, the site plan provides sufficient documentation to prove that the proposed project meets the minimum pedestrian landscape ratio of 91,476 feet. You will note we have made an affirmative finding on all those sections based on the information on the site plan. Are there any questions? Beginning on page 140, we start looking at specific findings of fact with respect to the special use permit focusing on specifically on Article 8, Section 8.2.4a, the method and adequacy of provision for sewage disposal facilities, solid waste and water service. You will note the staff has not made a check mark, why? Because I cannot make an affirmative because the permit has been denied by Orange County Health Department but the applicant has suggested and ask and what staff is willing to abide by is that a condition be imposed and that condition states that the applicant must secure a permit from the state to develop a septic system on his property to support this facility. The Chair has asked before the meeting if we could amend that condition to include a statement prior to land disturbing activity. Staff left that off that was the intent. Staff cannot make an affirmative finding. Now does that create a problem for staff, unfortunately, all I can tell you is that I see both sides of this argument. I have talked with the Orange County Health Department, with the state, we have in the past made such conditions part of an approval. Most notably with Mr. Dickinson, that he obtain a permit for his camp retreat center. That he obtains a permit for an operating septic system from the state as a local health department was unable to do so. I believe that the condition satisfies the requirement of Section 8.2.4a and if Mr. West is unable to secure his permit, he will not be building this facility. Method and adequacy of police, fire and rescue squad protection. As you know we have made an affirmative finding based on the correspondence from the sheriff’s department and fire department. There are relative conditions imposed or recommended to be imposed as part of that. The method and adequacy of vehicular to the site and traffic conditions. As we have talked about on numerous other occasions, the NCDOT will have to review this plan. They unfortunately do not review plans without an approved site plan so we have recommended that a condition be imposed as we do on several others that a permit, if