|
46 Draft
<br /> 1 that the use will maintain and promote public health, safety, and general welfare. And again,
<br /> 2 this is all based on what is currently operating on the ground today. So that criteria is satisfied.
<br /> 3 Second one, will maintain or enhance the value of contiguous property unless the property is
<br /> 4 a public necessity. You've heard testimony, expert testimony from Mr. McPhaul today that
<br /> 5 the use has had and will have no negative impact on the value of contiguous properties.
<br /> 6 You've also heard from Dr. Dennis today that the use is public necessity, provides a service
<br /> 7 to the community that is not otherwise present, a service that is needed based on the current
<br /> 8 conditions and available public mental health and behavioral health services in the
<br /> 9 community. The next is the location and character of the use. If developed according to the
<br /> 10 plan submitted, will be in harmony with the area. So again the subject property is zoned in
<br /> 11 these three different classifications. Care facility uses are permitted with a special-use permit.
<br /> 12 That means that the county, the Board of County Commissioners has determined that this
<br /> 13 type of use is appropriate in all three of these zoning districts as long as the applicant can
<br /> 14 demonstrate that all of the special-use permit review criteria are met. You know, as a matter
<br /> 15 of law you the use, again, assuming that, that all other criteria you find have been met. The
<br /> 16 use is in conformance with the area that's in harmony with the area. It's in compliance with
<br /> 17 the county's regulations. So again, to continuing we've pointed out, and I think you saw this
<br /> 18 much of this in, in Taylor's presentation. But these are kind of the, the, the, the district
<br /> 19 descriptions the, the, the use of the property falls within or complies with kind of these three
<br /> 20 different district definitions or descriptions. Finally, you've also heard testimony from Dr.
<br /> 21 Dennis, and you have her affidavit that shows this has been met. Okay. So, the next is UDO
<br /> 22 Section 5.3.2(b). These are specific standards. There you see them on the screen that's
<br /> 23 there, there are four and the fourth really encompasses quite a few other standards. The first
<br /> 24 is the method and adequacy of provision of sewage disposal,excuse, excuse me, solid waste,
<br /> 25 and water. You've heard from Dr. Dennis's testimony that they have a valid wastewater
<br /> 26 system operation permit. It was approved by and is regulated by the Orange County Health
<br /> 27 Department. It's regularly maintained, regularly inspected by the County Health Department
<br /> 28 in order to maintain a valid and compliant permit. Same thing with the well certificate. You've
<br /> 29 heard testimony about the method of solid waste disposal. It's just like a residential property.
<br /> 30 They have dumpsters they set out. A garbage truck comes once a week to pick it all up and
<br /> 31 haul it off. Next method, inadequacy of fire, a police, fire, and rescue squad protection. We
<br /> 32 have in our application package communications from the emergency services director and
<br /> 33 from the county fire marshal that says this requirement has been satisfied. They have no
<br /> 34 concerns about the use as it exists or the use. I mean, and obviously because there's nothing
<br /> 35 changing the use if the special-use permit is approved. So again, you've heard from Caroline
<br /> 36 Cheeves, an expert in traffic engineering. The method inadequacy of vehicular access to the
<br /> 37 site is sufficient. This is the next one. You know, other use specific standards as set forth
<br /> 38 herein. So, we'll go through those. Let's see. We'll skip ahead first. I'll address the first two
<br /> 39 here. LIDO Section 5.8.2(b)(2) sets out quite a few use specific criteria applicable to care
<br /> 40 facilities. The first two, subsection, sub, Sub A and B are not applicable. You've heard
<br /> 41 testimony that the, the use does not serve children. That's the Subsection A requirement.
<br /> 42 Subsection B is that they don't, you've heard they don't need a state license to operate, so
<br /> 43 they don't currently have any licenses. If the special-use permit is approved, the next steps
<br /> 44 would be to get the necessary inspections to get the cert,certifications and licenses that would
<br /> 45 be necessary to operate as a facility-based a clinic rather than an office-based clinic. So to
<br /> 46 the extent that licenses become necessary, those will be secured. That's the whole reason
<br /> 47 we're doing this. I know this is, this is kind of the, the, the one that has some question marks
<br /> 48 for maybe some of the Board members. There is direct frontage and access on a public state-
<br /> 49 maintained road. Those terms, direct frontage and access are not defined in the UDO,
<br /> 50 although I think to be clear, and as you've heard I think from members of the public here,there
<br /> 46
<br />
|