11.8.23 BOA Agenda Packet - Laserfiche WebLink

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DRAFT 9 1 requirements of UDO Section 6.11.7C by ensuring that because the project is located within an urbanizing area of the 2 county, the hours of operation for the lighting system for any game or event shall be no later than 11 p.m. except to 3 conclude a scheduled event that was in process before 11 p.m. The circumstances prevented concluding before 11 4 p.m. and all lighting conforms with the requirements of this section. Moving on to signs, as regulating per Section 5 6.12.13G(3) by ensuring that there shall only be one freestanding identification sign on the property. The freestanding 6 identification sign will be limited to 20 square feet sign rating. The sign will either be mounted on the ground or on a 7 pole. The sign shall be set back a minimum of 10 feet of all property lines. Illumination of the freestanding identification 8 sign will follow the provisions of the UDO and all signs will confirm with additional requirements of that section. Lastly, 9 the project conforms to the private street requirements as found in UDO Section 6.13.6C(4) by ensuring private streets 10 built on the property as part of the project enter and exit the stream buffer as close to a 90-degree angle as possible, 11 which you can see the primary crossing on the site plan. To wrap up, in my professional opinion, I believe the plan is in 12 conformance with all of these special circumstances that are set forth in the UDO, including UDO Section 5.3.2A and 13 5.3.2B and the specific requirements required for a recreational facility as listed in 5.7.2. It's also my professional 14 opinion that the site has been designed in compliance with all UDO regulations applicable to the site, including those in 15 Article 6 which we just went over. If there are no questions for me, I will turn it over to Mr. Overcash, Traffic Engineer. 16 17 Leon Meyers: Thank you. Board Members, questions for the applicant? 18 19 John Roberts: I apologize for this, but I'm going to have to ask you to take about a 5-minute break. I need to explore 20 something that I heard earlier with one of the members. 21 22 Leon Meyers:All right it 7:55 pm we'll reconvene at 8:00 pm. 23 24 BOARD OF ADJUSTMENT BREAKS FOR 5 MINUTES 25 26 Leon Meyers: I'm going to ask John Roberts, County Attorney, to speak. 27 28 John Roberts: Thank you, so a few minutes ago, when you asked the Board to state whether or not there might be any 29 conflicts, I heard Ms. Fraccaro said she has an association in relationship with the applicant Mr. Parker. Because North 30 Carolina General 160D was adopted a few years ago, it added some changes to what may constitute a conflict of 31 interest. Quasi-judicial decisions, a member of a board, I'm going to read the statute just so everybody can heard what 32 I'm talking about. A member of a board exercising quasi-judicial functions pursuant to this chapter shall not participate 33 in or vote on a quasi-judicial matter in a manner that would violate and affected person's constitutional rights to an 34 impartial decision maker in permissible violations of due process include, but are not limited, to a member having a 35 fixed opinion prior to a hearing on the matter that is not susceptible to change, undisclosed ex-parte communications in 36 close familial business or other associational relationship with an affected person or financial interest in the outcome of 37 that. Ms. Fraccaro did not know the statute here when she mentioned that she had an associational relationship, it 38 reminded me that this change in the law had occurred and for that reason, I have to recommend that she be excused 39 from further participation and she has not participated directly in the hearing by answering questions or anything else up 40 to this point, so I don't believe that it is absolutely necessary to terminate this proceeding. She has not had a 41 substantial or significant participation, but I do recommend that she be excused from joining with this proceeding. 42 43 Leon Meyers: Do you have any questions? 44 45 Beth Bronson: I do not. Do we need a motion to make that happen or do we just need to make that happen? 46 47 John Roberts: A motion is necessary. 48 49 Leon Meyers: I make a motion to excuse Holly for the purpose of this hearing. 50