Agenda - 09-16-2008 - 5a - Laserfiche WebLink

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RECOMMENDATION: 34 The Planning Board has not received any information that would establish grounds for making a negative finding on the general standards. These standards include maintaining or promoting the public health, safety, and general welfare, maintaining or enhancing the value of contiguous property, and the use being in compliance with the general plan for the physical development of the County. While the Board has received numerous complaints from several adjoining property owners concerning the use of this property as a school, no formal documentation has been submitted indicating that a negative finding should be made regarding this project. The Planning Board has reviewed the application, the site plan, and all supporting documentation and has found that the applicant complies with the specific standards and required regulations as outlined within Artice Eight (8) and Section 8.8.30. Provided the Board of County Commissioners finds in the affirmative on the specific and general standards, the Board could make a positive finding on this application. In the event that the Board of County Commissioners makes the determination that the permit can be issued, the Planning Board and Planning Staff recommends the attachment of the following conditions to the Special Use Permit: 1. That the site plan be revised to denote a thirty (30) foot vegetative buffer along all common property lines and that the SUP contain a condition requiring the applicant to install and maintain a thirty (30) foot buffer to the Type A buffer standard as detailed within Section 12.6.1 of the Ordinance and that further this required buffer be shown on any and all submitted site plans proposing the development of this property in accordance with Article Fourteen (14) of the Zoning Ordinance, 2. That a condition be placed on the SUP that the Fire Marshall and representatives of the Caldwell Fire Department shall review and approve the revised site plan prior to the issuance of any Building and/or Zoning Compliance Permit(s) approving the location of all proposed improved fire lanes and stacking areas, verifying that they comply with all applicable North Carolina Fire Protection Code standards, and approve the use of the pond as a emergency water source for fire suppression activities prior to the start of land disturbing activities, 3. That a condition be placed on the SUP requiring the applicant to apply for any and all necessary septic and well permits from the Orange County Department of Environmental Health within one hundred eighty (180) days from the approval of this application and that such permits shall be issued prior to any land disturbing activity, 4. That a condition be placed on the SUP requiring the applicant to apply for a Building and/or a Zoning Compliance Permit within one hundred eighty (180) days from the approval of this application and that such permits shall be issued prior to any land disturbing activity, 5. That a condition be placed on the SUP requiring that the applicant secure a Soil Erosion and Grading permit from the Orange County Erosion Control Division within (180) days from the approval of this application and that such permits shall be issued prior to any land disturbing activity, 6. That the applicant, as part of their building permit application submission, shall include documentation from the State of North Carolina indicating that the school has received any and all necessary certifications allowing them to operate as a private school and that their curriculum has been certified as meeting any and all local, State, and Federal requirements, 7. That a condition be placed on the SUP requiring the applicant to adhere to any and all additional conditions that may be imposed by NC DOT in accordance with their driveway permit as part of the permit review for this project, 8. That a condition be placed on the SUP requiring the applicant submit to the Director of Planning and to the Public Health authorities of the County, representatives of Cooperative Extension, and other County officials as directed by the Planning Director, a yearly certification that a veterinarian in good standing has reviewed the status, health and welfare of the animals on site as of January 1 of each year and certifies that the animals are in good health, 9. That a condition be placed on the SUP requiring the applicant to arrange for an annual review by the County Extension agent regarding utilization of the site as a demonstration farm to ensure there are adequate facilities for the care, health, and safety of the animals and the applicant conforms to the U.S. Department of Agriculture's Animal Care and Use requirements and Animal Welfare, 10. That a condition be placed on the SUP requiring the applicant make arrangements to provide adequate parking arrangements on their property during special events and any and all necessary measures to keep their guests from parking on neighboring roads or on neighbors property'