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54 Draft <br /> 1 approving a special use permit that includes expansion without having some common <br /> 2 understanding about what that means. <br /> 3 <br /> 4 Kevin Hornik: Certainly, and I think I, 1 can't provide you, I suppose, like a concrete answer about how many <br /> 5 clients there may be on the property in 10, 25 whatever years. But what I can say is that the <br /> 6 UDO already requires that the applicant conduct a review by county staff annually. And that, <br /> 7 and I'm going to read this for you because I don't want to take the time to try to find it again, <br /> 8 the, our PowerPoint presentation on the screen. Any change in the operation of the facility, <br /> 9 which deviates from the original standards and conditions will constitute a modification and <br /> 10 will require approval of the Board of Adjustment in determining whether a change in the <br /> 11 operation of the facility has occurred. The planning director shall be guided by the procedures <br /> 12 and criteria contained in LIDO Section 2.7.14, and 5.8.2(b) of LIDO. I think what I would say, <br /> 13 and again, I understand that this is not maybe the kind of the direct concrete answer that the <br /> 14 Board might be looking for. But I would say that as part of that review process, certainly staff <br /> 15 would have the opportunity to determine at any point whether the facility has expanded such <br /> 16 that it vastly exceeds the scope of what was approved today. Again, hypothetically speaking. <br /> 17 <br /> 18 Beth Bronson: Unless we define it. <br /> 19 <br /> 20 Kevin Hornik: Sure. I mean, although I would say this board cannot by law act as a legislative body and <br /> 21 impose definitions or regulations as part of the UDO that are not otherwise present. <br /> 22 <br /> 23 Beth Bronson: Why would we? <br /> 24 <br /> 25 Kevin Hornik: The point is that the LIDO does provide a regulatory mechanism that would require, that <br /> 26 requires the applicant to engage with county staff on an annual basis to review the operations <br /> 27 on the site at any given time to determine whether they might deviate from either as a major <br /> 28 modification or a minor modification from what is approved by the special-use permit. Again, <br /> 29 hypothetically speaking, assuming that the SUP is approved. <br /> 30 <br /> 31 Leon Meyers: I see Dr. Dennis with her hand up, please, please come forward. <br /> 32 <br /> 33 Beth Bronson: Yeah. <br /> 34 <br /> 35 Nora Dennis: I just wanted to make sure that there is awareness that there are also limitations on staff client <br /> 36 ratios and space limitations that are inherent to the licensure, so we can't just like cram a ton <br /> 37 of people in, because that would be in violation of our licensure and the North Carolina <br /> 38 Department of Health Services regulation would shut us down. So,the limit is kind of inherent <br /> 39 in the use that is proposed. <br /> 40 <br /> 41 Leon Meyers: Okay. Thank you. <br /> 42 <br /> 43 James Bryan: I'm sorry to prolong this but I'm unclear on this. So, anything that condition that's put on staff <br /> 44 has to be ministerial, has to be administrative, has to be quantitative. Is that what we're talking <br /> 45 about? And if so, can we just put in concrete numbers as a condition? <br /> 46 <br /> 47 Leon Meyers: That's kind of where I was headed. <br /> 48 <br /> 49 Cy Stober: So, Mr. Bryan, I feel like our rules are a bit reversed here. Are you suggesting the imposition <br /> 50 of a reasonable condition per the statute? <br /> 54 <br />