Agenda - 12-01-2008 - 4a - Laserfiche WebLink

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13 ;u 1 2 5. Public Hearings 3 4 a. Review of Class A Special Use Permit Proposing the Development of a 5 Montessori School 6 The Board considered receiving final. requested information and taking action on a Class 7 A Special Use Permit application proposing the development of a private school at 711 Terry 8 Road (SR 1573). - 9 10 Michael Harvey: This item originally began when you reviewed the application 11 September 16, 2008 at a County Commissioners' meeting where staff was asked to provide two 12 additional pieces of information. Specifically, we were asked to get the final definitive statement 13 from the Fire Marshal indicating whether the proposed fire access roads around the school 14 buildings had to be paved and two, if the Caldwell Fire Department could provide fire protection 15 services to the facility. We have gotten those answers for you, they are in attachments 3 and 4 16 respectively. You will note from the abstract that the Fire Marshal has indicated that State fire 17 codes do not require a paved fire lane, but the fire lane must be approved to, and I quote, 18 "Support the imposed loads of fire apparatus, and shall be surfaced so as to provide all weather 19 driving capabilities." Secondly, we have a letter from the Caldwell Fire Department indicating 20 that they can provide fire service with a stipulation that the applicant provide an alternative water 21 source, specifically a 30,000 gallon water source somewhere on the property in order to provide 22 fire suppression services. As we informed the Board at the last meeting, we have a condition 23 specifically, I believe it's number 2 (page 35), that indicates that if the SUP is approved that a 24 condition be placed on the SUP that the Fire Marshal and representatives of the Caldwell Fire 25 Department shall review and approve the revised site plan prior to the approval of any building 26 and zoning compliance permit, approving the location of all proposed improved fire lanes and 27 stacking areas, verifying that they comply with all applicable North Carolina Fire Protection 28 Code standards, and approve the development, size, and use of the pond as an emergency 29 water source for fire suppression activities prior to the start of land-disturbing activities on the 30 property. I believe that this condition addresses and incorporates the suggestions and 31 comments of both the Fire Marshal and the Caldwell Volunteer Fire Department, in terms of 32 ensuring that fire suppression services be received on the property. 33 With that, you have before you a recommendation from the Administration that you 34 receive these memorandums and impose any additional questions that you would like, that the 35 public hearing then be closed and that the deliberations begin on the application as presented 36 to you this evening. 37 38 Geof Gledhill: After you close the public hearing, you should expressly make findings 39 either positively or negatively. If the Board is comfortable with all of the findings, you can do it 40 all at once or single out. This is beginning on page 5 through page 34. Just a note about that, 41 the resolution approval captures what actually is the case with respect to.the finding on Article 42 8.2.1, which is on page 34 about formal evidence. What this document says is, "No formal 43 evidence was presented to the Planning Board refuting Mr. Knight's findings." There was in fact 44 evidence submitted as part of the public.hearing refuting Mr. Knight's findings, so I'd cross that 45 off before making the finding. The Administration recommendation is that you find that Mr. 46 Knight's findings controlled the issue. If you should agree with his findings rather than the other 47 findings, but there was evidence submitted refuting his findings. 48 The only other thing that I would add would be recommended condition #10, neighboring 49 roads, if the Planning staff would make that more specific, then I think I would feel more 50 comfortable and perhaps they could make that more specific right now.